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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at|http : //books . google . com/ wsi^Mmm :Qdi snider, N R Bin6er8, --^ rnor Street. ^S7"^° - - ^ iCilrrmr^iif ^rinref mt ^ttitr^Mttf^. ■s 5 Digitized by Google Digitized by Google Digitized by Google Digitized by Google JOURNAL OF THE CONSTITUTIONAL CONVENTION OF VIRGINIA. HELD IN THE CITY OF RICHMOND, BEGINNING JUNE 12th, 1901. PRINTED BY AUTHOEITY. RICHMOND : J. H. O'BANNON, SoPT. Pcbuc PBrnrnia. 1901. Digitized by Google PBINTBD BT GLYDB W. 8AUNDBK8, PBINTEB AND BNGBAYBB, BICHMOMD, YA. Digitized by Google JOURNAL OP THK Constitutional Convention. WEDNESDAY, JUNE 12, 1901. The members of the Constitutional Convention, elected in pursuance of an Act of the General Assembly, approved Febru- ary 16, 1901, assembled in the Capitol, in the City of Rich- mond, at 12 o'clock M., on Wednesday, the 12th day of June, in the year of our Lord, 1901, and in the one hundred and twenty-fifth year of the Commonwealth. The Convention was called to order by Mr. John W. Daniel, of Campbell, on whose motion Mr. William B. Pettit, of Flu- vanna, was unanimously elected temporary Chairman of the Convention. Mr. Pettit took the chair and addressed the Con- vention. On motion of Mr. H. D. Flood, of Appomattox, Mr. Joseph Button, of the county of Appomattox, Clerk of the State Senate, was elected temporary Secretary of the Convention. On motion of Mr. A. C. Braxton, of Augusta, Mr. William Wilson, of Henrico, was elected temporary Sergeant-at-Arms. Mr. Joseph T. Lawless, Secretary of the Commonwealth, ap- peared before the Convention and presented the following certi- fied list of the members-elect of the Convention. COMMONWEALTH OF VIRGINIA :— I, J. T. Lawless, Secretary of the Commonwealth of Vir- ginia, certify that the following is a true and correct list of the members-elect of the Constitutional Convention of Virginia for the term beginning this day, as ascertained and determined by the Board of State Canvassers at their meeting held June 3, 1901, the oflScial record of which is on file in my office. Given under my hand and the Lesser Seal of the Common- wealth, at Richmond, this 12th day of June, A. D., 1901. y [Seal] J. T. LAWLESS, *^ ^ /\ >^ . Secretary of the Commonwealth. '^^ 5 • Jn Google Digitized by ' 4 JOUKNAL OF THB CONSTITUTIONAL CONVENTION. Accomack— N. B. Westcott. Albemarle and the city of Charlotteeville— W. H. Boaz, J. H. Lmdaay. Alexandria county and city— Francis L. Smith. Alleghany, Bath and Highland— George E. Anderson. Amherst— Clarence J. Campbell. Angnsta and city of Staunton— J. M. Quarles, A. C. Braxton. Bedford — John (toode, John Thompson Brown. Botetourt— James Mundy. Brunswick— Robert TumbuU. Buchanan, Dickenson and Wise— R. A. Ayres. Buckingham and Cumberland — Edmund W. Hubard. Campbell— John W. Daniel. Campbell and Appomattox— H. D. Flood. Caroline— W. L. Cobb. Carroll— D. W. Bolen. Charlotte— D. Q. Eggleston. Chesterfield, Bianchester and Powhatan— Beverly A. Hancock, JohnH. Ingnun Clarke and Warren— D. C. O'Flaherty. Cndg, Roanoke city and county— Wm. Gordon Robertson, James W. Marshall.Si Culpeper— John 8. Barbour. Dinwiddle— B. J. Epes. Elizabeth City and Accomack— J. M. Willis. Essex and Middlesex — J. A. Bristow. Fair&x— R. Walton Moore. Fauquier^-Eppa Hunton, Jr. Floyd— Nathan Phillips. Fluvanna and Goochland— Wm. B. Pettit. Franklin— Beverley A. Davis. Frederick and city of Winchester— Thomas W. Harrison. Gloucester and Mathews— G. T. Gamett. Grayson— T. L. Gwyn. Greene and Madison— E. H. Lovell. Greenesville and Sussex — G. L. Vincent Halifikx— Wood Bouldin, Joseph Stebbins. Hanover— Hill Carter. Henrico— Samuel P. Waddill. Henry — A. L. Pedigo. Isle o'f Wight— J. W. Lawson. King and Queen— Claggett B. Jones. King William and Hanover — ^Roger Gregory. Lancaster and Richmond— W. F. Dunaway. Lee— James W. Orr. Loudoun — Henry Fairfax. Loudoun and Fauauieiv-Albert Fletcher. Louisa — R. L. €k>rdon, Jr. Lynchburg— Carter Glass. Lunenburg— L. A. Hardy. Mecklenburg— G. P. Tarry. Montgomery and Radford— Thomas L. Moore. Nansemond— Thomas H. Barnes. Nelson— B. T. Gordon. New Kent, Charles City, James City, Warwick, York, Williamsburg and Newport N6ws— M. H. Barnes. Norfolk city— A. P. Thom, D. Tucker Brooke. Norfolk county- Wm. N. Portlock. Northampton and Accomack — Gilmor S. Kendall. Northumberland and Westmoreland— C. Harding Walker. Nottoway and Amelia— Walter A. Watson. Orange— A. C. Walter. Page and Rappahannock— R. S. Parks. Patrick— J. M. Hooker. Petersburg— Alexander Hamilton, William E. Cameron. Pittsylvania and Danville— Berryman Green, Eugene Withers, C. E, Miller, G. W. Jones. Portsmouth— G. Hatton. Prineess Anne— Jonathan Woodhouse. Digitized by Google JOUBNAL OP THE CONSTITUTIONAL CONVENTION. 5 Prince Edwaid-^Richard Mollwaiiie. Prinoe Geom and Snr^—Timothy Riyee. Prinoe Wmiam— J. B. T. Thornton. Polaaki and Giles— J. G. Wjbot. Bappahannock— W. T. Taneey. Richmond city— 0. V. Meredith, John Garland Pollard, James W. Gordon, George D. Wise, Yirffinios Newton. Bockbridse and Baena Vista— WUliam G. Anderson, J. W. Gilmore. Rockingham— George B. Keezell, George N. Earman. Russell— E.G. Stoart. Scott— J. B. Richmond. Shenandoah— H. B. Ghapman. Southampton— Joseph L. Barham. ftnyth and Bland— A. T. Lincoln. Spottsylyania and Fredericksbarg— H. F. Grismond. Stafford and King Greorge— Thomas J. Moncare. Tawwell— A. P. Gillespie. Washington and city of Bristol— John G. Summers, Preston W. Gampbell. Wythe— Robert WiUiam Blair. On motion of Mr. Geo. B. Kbbzbll, of Rockingham the roll was then called and the following members answered to their names : Messrs. George E. Anderson, W. A. Anderson, Rofos A. Ayers» John S. Bar- bour, Joseph L. Barham, M. H. Barnes, Thomas H. Barnes, Robt. W. Blair, W. H. Boas. D. W. Bolen, Wood Bonldin. A. C. Braxton, J. A. Bristow, D. Tucker Brooke, J. Thompson Brown, William £. 1/ameron, Clarence J. Campbell, Hill Garter, Hunter B. Chapman, W. L. Gobb, H. F. Grismond, John W. Daniel, B. A. Dayis, W. F. Dunaway, George N. Earman, D. Q. Eggleston, B. J. Epes, Henry Fairfiff, Albert Fletcher, H. D. Flood, G. T. Gamett, J. W. Gilmore, A. P. Gil- lespie, Garter Glass, John Goode, B. T. Gordon, James W. Gordon, R. L Gordon, Berryman Green, Roger Gregory, T. L. Gwyn, Alexander Hamilton, B. A. Han- cock, L. A. Hardy, T. W. Harrison, Goodrich Hatton, J. M. Hooker, K W. Hnbard, Eppa Hunton, Jr., J. H. Ingram, Glaggett B. Jones, G. W. Jones, George K Eeezell, A. T. Lincoln, J. H. Lindsay, E. H. Ix)yell, James W. Mar- Bhall, Richard Mcllwaine, Charles Y. Meredith, C. E. Miller, Thomas J. Moncure, R. Walton Moore, Thomas L. Moore, James Mnndy, Virginus Newton, D. G. (yplaherty, J. W. Orr, R. 8. Parks, A. L. Pedigo, William B. Pettit, Nathan Phillips, John Garland Pollard, W. N. Portlock, J. M. Quarles, J. B. Richmond, Timotny Riyes, W. Gordon Robertson, Francis L. Smith, Joseph Stebbins, John C. Summers, George P. Tarry, A. P. Thorn, J. B. T. Thornton, Robert Tnmbull, Gordon L. Vincent, S. P. Waddill, G. Harding Walker, A. G. Walker, Walter A. Watson, N. B. Wescott, J. M. Willis, George D. Wise, Eugene Withers, Jonathan Woodhouse, J. C. Wysor, W. T. Yancey. Subsequently the following members appeared and took their seats. Messrs. Preston W. Campbell and John W. Lawson. On motion of Mr. J. H. Lindsay, of Albemarle, Reverend Richard McIlwaine, member of the Convention from Prince Edward, opened the proceedings of the Convention with prayer. Mr. A. P. Thom, of Norfolk City, offered the following reso- lution : Resolved, That the Convention, without undertaking to de- cide whether the members of this body are oflBcers or not, deem it prudent that the oath required by section 5 of article 3 of the present Constituion be taken and subscribed to by the delegates tathis Convention. Which, after debate thereon, was on mo- tion of Mr. Braxton, of Augusta, laid on th^ t^abje-^ayeg 56 ; 11068 87. Digitized by Google 6 JOURNAL OF THE CONSTITUTIONAL CONVENTION. On motion of Mr. Thom the vote was recorded as follows : AYBB—Meesra. W. A. Anderson, Ayera, Barbonr, Barham, Thomas H. Bamee, Boaz, Bolen, Braxton, Brown, Chapman, Grismond, Daniel, Dnnaway, Eggleston, Epes, Fairfax, Fletcher, Flood, Gamett, Gilmore, Glass, B. T. Gordon, James W. Gordon, Green, Gwyn, Hancock, Harrison, Hooker, Hnbard, Hanton, Ingram, Olaggett B. Jones, G. W. Jones, Lindsay, Lovell, Marshall, Meredith, Miller, Moncure, Newton, O'Flaherty, Orr, Parks, Pettitl Quarles, Richmond, Smith, Thornton, Tumhall, Vincent, Walker, Watson, Willis, Wise, Withers, and Mr. President-^6. Nobs— George E. Anderson, M. H. Barnes, Blair, Bonldin, Brooke, Cameron, Clarence J. Campbell, P. W. Campbell, Carter, Cobb, Davis, Earman, Gillespie, R. L. Gordon, Gregory, Hamilton, Hardy, Hatton, Eeezell, Lawson. Lincoln. Mcllwaine, R. Walton Moore, Thomas L. Moore, Mnndy, Fedigo, Phillips, Pol- lard, Portlock, Rives, Robertson, Stebbins, Summers, Thom, Waddill, Wescott, Wysor— 37. Mr. HuNTON, of Fauquier, moved to proceed to the election of a permanent President which was agreed to. Mr. MooRB, of Fairfax, nominated Mr. John Goode, of the county of Bedford, as follows : Mr, Chairman and Oentlemen of the Convention : The very brief but very brilliant list of those who have pre- sided over our Constitutional Conventions, can by no possibility- lose anything in distinction when we add to it the name of the gentleman I now present, the honorable member from the county of Bedford, Mr. John Goodb. So far as the record shows, it was not considered necessary at the time of their selection to speak in detail of the men who have preceded him in this high station — such men as Edmund Pendleton, Philip Barbour and John Y. Mason. It is equally unnecessary to-day to speak in detail of Mr. Goods. His career has run through a period of half a century. The country knows him, the State knows him, and both esteem him. They both give him their entire confidence. He has been much in the public service, and whether discharging offi- cial duties in Richmond or at Washington, the elevation of his character, the conservatism, strength and cultivation of his in- tellect, his gifts as an orator, and his perfect fidelity, have won for him continually increasing respect and admiration. So far as his devotion to Virginia is concerned — the Virginia to which at this time we are turning in our thoughts with pecu- liar love and affection — it has been complete and absolute. He cherishes all of her memories. He is imbued, as few men now are, with the splendid spirit of her past. He preserves to him- self, and he aims to preserve for all the people, the great les- sons of her history and her traditions. As for her present, he understands it — the problems that painfully press for solution, and the difficulties that surround their consideration. Though Digitized by Google JOUBNAL OF THE CONSTITUTIONAL CONVENTION. 7 far advanced beyond the time to which enthusiasm and hope seem especially to belong, full of courage he looks forward now to her future with faith in the destiny of the Commonwealth which he has served in days gone by, and which he is to serve again. Mr. Goodb's is a familiar presence in this historic hall. Here in the springtime of his life, he sat as a member of the Gren- eral Assembly. Here, when his powers had matured he stood with the statesmen of Virginia and the South, dealing with mighty issues which devolved upon the Secession Convention and the Confederate Congress. And now he comes here again, in the evening of his days, to contribute what may be his last public labors, to the great work which the sovereign people of this Commonwealth have decreed. Unchallenged and unsur- passed in experience and patriotism, in wisdom and in modera- tion, Mr. Chairman, I respectfully nominate him for the presi- dency of this Convention. Mr. Daniel, of Campbell, seconded the nomination in the following words : Mr. Chairman: I shall detain the Convention but a moment and shall add but a word to what has been so admirably and eloquently said by the member from Fairfax. There is no man in our Com- monwealth who is better or more favorably known throughout its limits than the distinguished gentleman whom he has put in nomination. With ripe wisdom, and an enthusiasm for what is right, honorable and just (which enthusiasm he has borne throughout his life) , we may well say of him that he has sounded a clear note over all of the battlefields of patriotism and of true Democracy in the Old Dominion, and that he has not only preached, but he has acted up to the true JeflFersonian test of office-holding, in giving to his fellow statesman and countrymen the example of a life which has been honest, just and capable in all of its undertakings. Possessing the universal confidence of this Convention, it affords me great pleasure to second his nomination ; and pos- sessing the confidence of the people of the Commonwealth, I know they will welcome the fact that we have made the Hon. John Goods the President of this body. Mr. iQooDB being declared elected President took the chair and addressed the Convention as follows : Gentlemen of the Convention : I beg leave to tender to you my sincere and heartfelt thanks for tixe distinguished honor you have conferred upon me ; to be- speak your kind forbearance towards my shortcomings while I Digitized by Google 8 JOUBNAL OF THB OONSTITUTIONAL CONYBNTION. shall occupy the chair, and to invoke your generous support in the discharge of the responsible duties to which you have called me with such flattering unanimity. It is indeed a high distinction to be chosen as the presiding officer of this body of Virginians, clothed temporarily with the sovereignity of the State, and commissioned by her people to execute the most important trust that could possibly be con- fided to their representatives. In obedience to the voice of our constituents we have come from all sections of the State to take counsel together, to inter- change opinions and to determine questions of the most momen- tous magnitude which vitally affect the peace, welfare, and happiness af all our people. It is no easy task to frame the organic law of a great Com- monwealth like ours. It is a task to be approached in the fear of Grod, with sole reference to the public good and with un- affected diffidence as to our capacity to measure up fidly to all the requirements of the occasion. It has been said that the greatest of all builders are the builders of States. The time has been when Virginians were recognized as master builders in the work of framing Constitu- tions. They promulgated the first written Constitution for a free and independent Commonwealth ever known to mankind. The convention which framed that Constitution met in the old Colonial Capital at Williamsburg on the 6th day of May, 1776. It was composed of men whose names have been linked with immortality — men who will be held in grateful remembrance by their admiring countrymen as long as liberty shall have a votary upon earth. It is no exaggeration to say that the '* Declaration of Rights" drawn by George Mason and adopted by that con- vention is the most complete summary of the rights of man and the principled of free government that has ever been furnished to the world. The Constitution of Virginia adopted on the 29th of June, 1776, continued in operation more than half a century. On the 5th day of October, 1829, another convention of intellectual giants assembled in the city of Richmond and adopted an amended Constitution on the 14th of January, 1830. That Convention has never been surpassed in any age or any country in learning, wisdom, ability and patriotism. In Octo- ber, 1850, the third Constitutional Convention of Virginia assembled in this city and adopted an amended Constitution on the 31st day of July, 1851. It was composed of able and patriotic men, though not so distinguished, perhaps, as their predecessors of 1776 and 1829. During the dark days of recon- struction, and before the passions engendered by the war had cooled, another Convention assembled in this city in December, ;1867, and adopted the Constitution under which we now live. Digitized by Google JOUBKAL OF THB CONSTITUTIONAL CONVENTION. 9 That Conyenlion was composed, in great part, of aliens to the Commonwealth and newly emancipated slaves. Virginians to the "manor born/' who owned the property, paid the taxes and represented the virtue and intelligence of the State, were placed mider the ban of proscription and excluded from its halls. The Constitution framed by that Convention was adopted by the people of Virginia under duress and constraint as a condition precedent to the re-admission of the State into the Union audits representation in Congress. It is not only obnoxious, as a mi^^r of sentiment, on account of the circumstances attending its formation and adoption, but the government established by it is, in many respects, unsuited to existing conditions and un- necessarily expensive. After submitting patiently for more than thirty years, the people of Virginia have called this Con- vention, and they will be grievously disappointed if we shall fail to reduce the expenses of our State, county and city gov- ernments. That reduction can be accomplished by a thorough reform of our entire judiciary system and the abolition of all ofBces that may be dispensed with without detriment to the public service and with due regard to honest and efficient ad- ministration. The ordinary expenses of government must be met. The unfortunate insane, deaf, dumb and blind must be provided for. We are bound by every consideration of duty and of honor to take care of our disabled Confederate veterans and smooth, as far as possible, their pathway to the grave. The time is not distant when the State will be required by law to pay a higher rate of interest on her public indebtedness. Under these circumstances, it becomes absolutely indispensable to reduce expenses if we would escape from additional burdens of taxation. Another subject of transcendent interest and importance which will engage our attention is that of suffrage. The right of suffrage is not a natural right. It is a social right and must necessarily be regulated by society. Virginia can regulate it within her own borders according to her sovereign will and pleasure, provided that in so doing she does not violate the Constitution of the United States. That Constitution does not confer the right of suffrage upon any citizen or class of citizens, but it prevents the State or the United States from giving pref- erence to one citizen over another '* on account of race, color, or previous condition of servitude.'^ Before the adoption of the fifteenth amendment that could have been done. Now it cannot be. The white people of Virginia have no animosity or prejudice whatever towards the colored race. On the contrary, they entertain for the members of that race the most kindly feelings and desire to help them in every legitimate way, but they believe that the dominant party in Congress not only com- Digitized by Google 10 JOURNAL OF TUE CONSTITUTIONAL CONVENTION. mitted a stupendous blunder, but a great crime against civili- zation and Christianity when they turned a deaf ear to the ad- vice of their wisest leaders and required Virginia and the other Southern States under the rule of the bayonet to submit to universal negro suffrage. The negro had just emerged from a state of slavery. He h^ no education. He had no experience in the duties of citizenship. He had no capacity to participate in the functions of government. The omniscient Ruler of the universe for some wise purpose made him inferior to the white man and ever since the dawn of history, as the pictured monu- ments of Egypt attest, he had occupied a subordinate position. In the language of a great Virginian on another occasion : *' During the long revolving cycle o( intervening time, he had founded no empire, built no towered city, invented no art, dis- coyered no truth, bequeathed no everlasting possession to the future, through law-giver, hero, bard or benefactor of man- kind." Under the circumstances existing at the period of re- construction, the bestowal of universal suffrage upon the negro was a grievous wrong to both races. It would have been far better for the negro, as well as the white man, that intelligence should be permitted to govern. When the era of good feeling between the sections shall be entirely restored and all the hates growing out of the unhappy fratricidal strife ** shall be forever in the deep bosom of the ocean buried,'' it may be that our Northern fellow citizens for the good of our common country and the elevation of American citizenship may consent to the repeal of the fifteenth amendment. That would be ''aeon- summation devoutly to be wished,'' but until that auspicious day shall come, we must adapt ourselves to the conditions in which we are placed. The fifteenth amendment provides that *' 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 race, color, or previous condition of servitude." It is a part of the supreme law of the land, and as such we are bound in honor and in good faith to observe and obey it. Sub- ject to the limitations referred to, this Convention undoubtedly has the power to provide for the restriction of suffrage as it may deem most wise and expedient. How is this diflScult problem to be solved ? It is not my province to suggest at this time what your action should be. That will be determined by your own superior wisdom after calm reflection and full deliberation. I beg leave, however, to call your attention briefly to the pro- visions on this subject which have been incorporated into the Constitutions recently adopted by some of our sister states of the South. The new Constitution of Mississippi adopted in November, 1890, which, with some modifications, has been adopted by South Carolina, confers the right of suffrage upon Digitized by Google JOURNAL OF THE CONSTITUTIONAL CONVENTION. 11 all the sane male inhabitants of the State, who have attained the age of twenty-one years, who have resided in the State two years, and one year in the district, city, or town where they offer to vote, who have never been convicted of certain infamous offenses, and who, on or before the first day of February of the year in which they oflfer to vote, have paid all the taxes legally required of them, and which they had an opportunity to pay for the two preceding years, and who shall have been duly reg- istered as voters as required by the Constitution. It requires also a poll-tax of $2.00 to be paid to the State, and authorizes the counties to impose an additional poll-tax of not more than $1.00; the whole of the poll-tax in both cases, to be devoted exclusively to the common schools. It also provides that on and after the first day of January, 1892, every elector shall in addition to the foregoing qualifications, be able to read any section of the Constitution of the State or he shall be able to understand the same when read to him or give a reasonable interpretation thereof. The validity of that Constitution has been sustained by the Supreme Court of the United States in the case of Williams vs. Mississippi, reported in Vol. 170 of the Supreme Court's reports. The court held unanimously that by its terms it did not conflict with the fourteenth and fifteenth amendments of the Federal Constitution. According to the testimony of men who enjoy the respect and confidence of the entire country, this plan has been found to be eminently satis- factory in Mississippi and South Carolina. Under its opera- tion those two States have rapidly advanced in all the elements of material prosperity ; there is less complaint of corruption in politics and the condition of the colored race is better than it has been since their enfranchisement in the days of reconstruc- tion. The new Constitution of Louisiana disfranchises all citi- zens of that State who are unable to read and write except the owners of $300.00 of taxable property, upon which the taxes have been paid, and those who were entitled to vote on the first day of January, 1867, under the laws of any State of the United States, in which they then resided, and any son or grandson of such persons twenty-one years of age at the adop- tion of the Constitution. In the summer of 1900 the people of North Carolina, by an overwhelming majority, adopted an amendment to their State Constitution which prevents any citizen from voting who is unable to read and write, but excepts from the operation of that clause all those who were entitled to vote in any State on the first day of January, 1867, or at any time prior thereto, or who are descended from any such voters. The Louisiana and North Carolina plan has been strongly en- dorsed by many wise and patriotic statesmen, but it has not yet been subjected to the test of judicial scrutiny, and learned law- Digitized by Google 12 JOUBNAL OP THE CONSTITUTIONAL OONVBNTION. yers differ as to its validity under the limitations of the Federal Constitution. The Constitution of the State of Georgia, one of the most progressive and prosperous of all the Southern States, provides that every male citizen of the United States, twenty- one years of age, who shal] have resided in that State one year next preceding the election, and shall have resided six months in the county in which he offers to vote, and shall have paid all taxes which may have been required of him, and which he may have had an opportunity to pay except for the year of the election, shall be deemed an elector. In addition to the plans referred to, it has been recommended by some whose opinions are entitled to the greatest respect that the best solution of the problem would 'be the insertion of a suffrage clause in the new Constitution requiring the payment of a capitation tax as a prerequisite, the payment of all other taxes and prescribing an educational or property qualification with an exception in favor of those and the descendants of those who have rendered military service to the State or country in time of war. It is not to be supposed that this Convention will be content to copy in every particular the work of any other body. We are here as Virginians to frame a Constitution for Virginia. She has been accustomed heretofore to lead and not to follow, but I have thought that it might not be altogether inappropriate to call attention to the experience of our sister States of the South which have been confronted with similar conditions. Permit me to express the earnest hope that as the beneficent result of any suffrage plan you may adopt, politics in this State will be so purified that in all the years to come her escutcheon shall never be stained by any act of fraud, bribery, false registration, false counting, or any debauching and de- moralizing methods in the conduct of elections. The safety and perpetuity of our free institutions depend upon the purity and inviolability of the ballot. In addition to the subjects to which I have adverted, there are others of great interest and importance, such as the adop- tion of a wise and equitable system of taxation and the correc- tion of unequal and unjust assessment of property, both real and personal ; the regulation of the Trusts as far as it can be done under the limitations of the Federal Constitution, so as to protect our people, if possible, from the encroachment of cor- porate greed and corporate power ; and the adoption of a liberal system of public instruction so that all the children of the Com- monwealth may receive the benefits and blessings of a common school education, and so as to secure larger appropriations for the schools and longer school terms. In this, the opening year of the twentieth century, as we look down the far-reaching slope of the century that has passed. Digitized by Google JOUBNAL OP THE CONSTITUTIONAL CONTENTION. 13 we haye abandant reasons to render thanksgiving to the Omnipo- tent Ruler that thus far ''He hath led us on, and thus far His power hath preserved our ways." Invoking His guidance and blessings upon our work, mindful of the proud traditions of the Commonwealth, but looking to the future rather than to the past, animated by a spirit of fairness and justice to all classes and to all interests, let us dedicate ourselves to the task of fram- ing a Constitution for Virginia that will be suited to her present conditions and worthy of her ancient renown — a Constitution that will establish justice, insure domestic tranquility, and pro- mote the welfare of all her people — a Constitution that will at- tract to her borders immigration and capital to assist in develop- ing her untold treasures of soil and mine, and forest and river — a Constitution under which she may move forward through the coming years over the bright track of progress upon a new career of prosperity and glory. The President announced that the next business in order was the election of a Secretary. Mr. Watson, of Nottoway, nominated Mr. Joseph Button who was unimously elected Secretary of the Convention. Mr. Jambs W. Gordon, of Richmond city, offered the fol- lowing resolution : Resolved, That the President appoint three committees of twelve members each, composed, respectively, of one member from each Congressional district, and two from the body at large, which shall be known as the Committee on Rules, the Committee on Plan of Procedure, and the Committee on Re- port of Proceedings. In announcing these committees, the President shall designate the time and place of their first meet- ings ; and the committees shall elect their own chairman. The Committee on Rules shall report to the body rules for the government of the Convention. The Committee on Plan of Procedure shall report to the body a system of procedure for the Convention, in its work of re- vising the Constitution. The Committee on Report of Proceedings shall submit to the body a plan for reporting and printing the proceedings of the Convention, and of preserving them in permanent form, to- gether with bids and estimates for such work as they may recommend. — to which Mr. Lindsay, of Albemarle, offered the following amendment : Resolved, That the President appoint a Committee on Rules, of eleven members, of which the President shall be chairman, and a member selected from each of the Congressional districts, to report the number of subordinate oflBcers, manner of their selection, and their duties, the various standing committees, Digitized by Google 14 JOURNAL OP THE CONSTITUTIONAL CONTENTION. the order of busineaa, and the rules for the government of this Convention. Mr. W. A. Andbrson, of Rockbridge, proposed the following substitute for a whole : Be it resolved, That a committee of twenty-two to be known as the '* Committee on Organization," to consist of two mem- bers of the Convention from each Congressional district and two appointed at large, shall be appointed by the President of the Convention, to consider and report : I. The committees to be appointed ; the manner of their selec- tion ; the number of members composing the same ; and the jurisdiction of said committees, respectively. II. What oflBcers and employees are required for the proper con- duct of the business of the Convention, and what, generally, shall be their duties, what their compensation, and how they shall be chosen or appointed. III. As to the best arrangements and plans and provisions for printing, and also for reporting the proceedings, ordinances, and transactions of the Convention. IV. The rules of procedure to be adopted for the government of the Convention. Said committee is authorized to employ such clerical assist- ance as it may find necessary, and to make its report, or reports, to the Convention, from time to time, until its work shall have been completed. On motion of Mr. Marshall, of Craig, the resolutions, amendment, and substitute, were passed by until to-morrow. Mr. Thornton, of Prince William, moved that a committee of five be appointed by the chair to wait upon the Governor and invite him to address the Convention when it convenes to- morrow, which was agreed to. Whereupon the President ap- pointed the following committee: Messrs. J. B. T. Thornton, of Prince William ; Cartbr Glass, of Lynchburg ; William E. Cambron, of Petersburg; D. Tucker Brooks, of Norfolk city, and J. B. Richmond, of Scott. Digitized by Google JOUBKAL OP THE CONSTITUTIONAL CONVENTION. 16 Mr. Aters, of Wise, proposed the following resolution which was adopted : Eesolved, That when this Convention adjourns to-day it shall adjourn to meet at 12 o'clock M., to-morrow, and each day thereafter until otherwise ordered. Mr. QuARLSB, of Augusta, offered the following resolution which was agreed to : ' Resolved, That the Secretary of this Convention be directed to wait upon the clergymen of this city and request them to arrange among themselves so that one of them shall open the sessions of the Convention each morning with prayer. On motion of Mr. Marshall, of Craig, the Convention ad- journed. THURSDAY, JUNE 13, 1901. The Convention assembled at 12 o'clock M. Prayer by the Rev. Dr. Calisch. The journal of yesterday's proceedings was read and ap- proved. Mr. Campbell, of Amherst, moved to proceed to elect a Sergeant-at-Arms, first and second door-keepers. For the position of Sergeant-at-Arms, Mr. Egqleston, of Charlotte, nominated Mr. F. B. Watkins, of Charlotte ; Mr. Summers, of Washington, nominated Mr. Thos. W. Cawley, of Washington. Mr. Watkins having received a majority of the votes cast, was declared duly elected Sergeant-at-Arms. The President announced that the next business in order was the election of first and second door-keepers. On motion of Mr. Ayers, Mr. A. 0. Sullivan, of Mont- gomery, was unanimously elected. On motion of Mr. Jones, of King and Queen, Mr. P. E. Lipscomb, of King and Queen, was unanimously elected second door-keeper. On motion of Mr. Braxton, Mr. W. A. Anderson, of Rock- bridge, was elected President pro tern of the Convention. The committee appointed to wait upon the Governor and invite him to address the Convention, appeared with his Ex- cellency, J. Hoge Tyler, Governor of Virginia, who addressed the Convention as follows : Digitized by Google 16 JOUENAL OP THE CONSTITUTIONAL CONVENTION. Mr. President and Oentlemen of the Convention : The honor you have done me in inviting me before this Con- vention is deeply appreciated. I know you have assembled here amid the clustering memories of this old Capital at the command of your patriotic hearts to do for old Virginia the service of loyal sons. A century of happy and prosperous existence has demon- strated the truth, the power and the blessings of our Constitu- tional government. You can congratulate yourselves and the State that the work you are called to do is not in the nature of an experiment. Our great Anglo-Saxon race, through centuries of racial development, has evolved the fundamental principles of self-government, and has laid deep and wide and strong the everlasting foundations of all social and political rights, and on such a foundation the builders of our republic erected here a structure symmetrical, ornate and fitly joined together. As the years go over our heads some defects are revealed, some weak places are detected, some unequal strains upon the struct- ure are discovered, and you are called together, the same lib- erty-loving sons of our same old liberty-loving sires, to overhaul the structure, not to tear it down ; to repair, not to lay waste ; to renew and adjust, not to plan anew. This, gentlemen, is important and particular work. When the bill authorizing the formation of this body was presented for my approval as Governor of the Commonwealth, I gave it long and serious consideration. As I aflSxed my name to the bill one of our clever city reporters heard from my lips the old ejaculation, *'God save the Commonwealth." Knowing the danger of carelessness and negligence at such an important epoch in our affairs, and knowing the reluctance that has been evinced among good men in the past few years to take part in political affairs, I was afraid for the Commonwealth, of the hands into which this work might fall. It is impossible to sep- arate the personal equation from such momentous services, but when I look into the faces of this noble body of Virginians I feel that my prayerful expression when signing the bill has been answered and that the Commonwealth is in safe and wise hands. In my last message to the General Assembly, in discussing the question of Constitutional reform, I presented my views in the following language : ''Virginians can surely lay claim to being makers of Consti- tutions, and in these weighty matters able to give the world a product of enduring strength and simplicity. The present un- suited Constitution, foisted upon a conquered people at the conclusion of our civil war, by an alien government, is ex- pensive and cumbersome. It should be amended and rewritten. Digitized by Google JOUBKAL OP THE CONSTITUTIONAL CONVENTION. 17 We should meet the question courageously, like Virginians should, and meet it for all times. There are several plans open for your consideration : One to submit a call for a Constitu- tional Convention to the people ; another to amend the present one through separate legislative enactments ; or you might select a joint committee from the members of the two houses of the General Assembly, as I had the honor to recommend to the )£»t Legislature, or appoint such a committee from the citizens at large y whose duty it shall be to study and formulate such changes in the present Constitution that would redound to the greatest good to the greatest number. **We would deserve well, not only of our present generation, but succeeding generations, if we met this weighty question in a spirit of fairness, of economy and intelligent adjustment of the various parts of civil government, and evolve a written in- strument that will save hundreds of thousands of dollars to the taxpayers of the State, and give us a simple and more direct and successful plan of government." In my inaugural address on the 1st of January, 1898, 1 said, "I do not understand that the complaint of the people is so much at the amount of salaries paid as against the number of officers the present unsuited Constitution allows to be imposed upon them. We have become an office-ridden people. In many in- stances the amount of salary is only sufficient to invite a scramble for the office, while the pay is not enough to furnish even a scanty support. The official has to find some other means to supplement his income, and his other occupation usually receives about all his time — the State and counties getting but little for the money expended.'' I bring these previous utterances before you to show the ear- nestness of my spirit in the work that has been committed to your hands. It is not my province to make suggestions as to how best to make needed changes in our organic law. I am sur^ the wis- dom of this Convention will devise the best things for the peo- ple who have confided their interests into its keeping. Social and political problems are confronting you. As one of your fellow citizens, I can only beg of you to search your hearts and bring to the oppressive responsibility of your weighty duties a patriotic love of your State and an earnest desire to give to every citizen the highest incentive and opportunity to improve himself and to be of benefit to the community in which he lives. While not forgetting the lofty traditions and sacred memories of our noble past, I beg of you to turn your faces to the future and become leaders in deed and in truth of the best political thought of our new century. Let no old mildewed predjudice 3 Digitized by Google 18 JOURNAL OP THE CONSTITUTIONAL CONVENTION. encumber your labors — ^regulate and adjust the affairs of this Commonwealth to the future progress of our country and of the world. Give nice and delicate adjustment to the scales of jus- tice between man and man, so that it can be the proud boast of Virginians everywhere that in their dear old State the humblest citizen has an equal opportunity before the law. I am sure you will not neglect the proper theories of government, and that you will display a wise discrimination in constructing the legislative, executive, and judicial departments of our State Constitution, but while not neglectful of these things, I feel that we live in an intensely practical and industrial age, and that the material welfare of Virginia's territory should also re- ceive your fostering care. I beg of you to put this State on a business basis. We Virginians are twitted with living in the past, and with spending golden hours in ancestral worship that should be expended in the service of the present and of pos- terity. But a proper study of the greatness of that very past should inspire us with an intelligent devotion to the future and its possibilities. The faces of all our great founders and nation builders were turned exultingly to the future. Jefferson founded here in Virginia a University on such advanced lines that three quarters of a century has scarcely enabled other States to grow up to it, while it has never yet grown insufficient or out of date in a single detail. George Washington worked for canal build- ing, ship-yard industries, and water-power development. Pat- rick Henry was keenly alive to the value of the sheltering har- bors that lie along our coast-line, and was so jealously sensitive to an attempt to barter away our great inland commerce on the Mississippi for certain advantages to Boston Harbor that he withdrew his mighty influence from the federation of the States. So while you study and enact forms of government, suffrage clauses, and questions of public office-holding, it is surely not unbecoming, but on the contrary it is your bounden duty to take energetic action to bring back to Virginia her material prosperity and leadership. Virginia is rarely blest in the richness and variety of her natural gifts and physical features. At the opening^of the last century Virginia was in the van of all things, and while her own generosity and the ruthless knife of war robbed her of a large portion of her territory, still she has not developed as she should have done. Everything is here to invite people to make it their home, the trouble is it is not sufficiently known. Vir- ginia should take steps to advertise her advantages. Think of our great blue mountains that keep watch around our borders to ward off the blizzard, the cyclone or the tornado. Think of our blue-grass pastures and happy homesteads close by the bright and running waters. Think of our great fields of coal on one Digitized by Google JOUENAL OF THE CONSTITUTIONAL CONVENTION. 19 side and rich mountains of ore on the other, feeding great fur- Daces and loading ocean steamers. Think of our sea-coast with its harboring arms stretched out to receive the world's com- merce. Think of the luscious oysters that hestle on thousands of acres of natural rock. Think of fields of bright-leafed to- bacco with all the divine solace they imply to sadly perverted souls. Think of our fruits and vineyards in the Piedmont sec- tion. Think of our mineral springs and health resorts from Old Point Comfort and Virginia Beach to the famous Lithia springs of the Southwestern valley, and then say it is not a section of the earth that richly deserves a most prosperous growth. It is true that this noble stretch of territory, because of our civil war, was stripped of all semblance of money. We suffer from a lack of banking facilities and for many years were devoid of the usual means of making exchanges. All that has passed away now, and we should take heroic measures to com- mand the world's capital and the world's kindly sympathy. To induce people and money to come and dwell with us something tangible, something practicable must be offered. When I was in the Senate of Virginia in 1877-78, it was my privilege to oflFer a bill in that body to exempt from taxation for a period of ten years all foreign capital invested in developing new mining and manufacturing industries. It was then claimed that the Constitution which declared that all taxation should be equal and uniform forbade the passage of such a law and the bill was defeated. In 1870 Virginia with an area of 42,320 square miles had a population of 1,225,163, while Massachusetts with an area of only 8,546 square miles had a jiopulation of 1 ,457,351 . In 1900 Virginia had increased her population to 1,854,184, or about 50 per cent., while Massachusetts had 2,805,346, or an increase of about 125 per cent. The increase of wealth and internal de- velopment shows even greater disparagement. The total assessed valuation of real and personal property taxed in Virginia in 1870 was three hundred and sixty-five millions, four hundred and thirty-nine thousand, nine hundred and seventeen dollars ($365,439,917), while in Massachusetts there was one billion, five hundred and ninety-one millions, nine hundred and eighty- three thousand, one hundred and twelve dollars ($1,591 .983,112) . In 1890 (the statistics for 1900 are not yet obtainable) , Vir- ginia had four hundred and fifteen millions, two hundred and forty-nine thousand, one hundred and seven dollars ($415,249,107), or an increase of about 20 per cent., while Massachusetts had two billions, one hundred and fifty-four millions, one hundred and thirty-four thousand, six hundred and twenty-six dollars ($2,154,134,626) , or an increase of about one hundred per cent., and nearly one and a half times the Digitized by Google 20 JOURNAL OF THE CONSTITUTIONAL CONVENTION. total taxable values of the State of Virginia. How is it that this little State of one-fifth the size, and not half so richly en- dowed in natural resources of either climate, soil, or minerals should have so far outstripped this old Commonwealth. Surely there is some reason for it that ought to be explained, and some difficulty that ought to be removed. Georgia in the early days after the war adopted a wise policy for encouraging capital to invest within her borders and she has more than doubled her population and taxable values. There are some who would argue against this policy, they say it is not just to the industries and mines that we have, to give new enterprises such afl advantage over the old. But the Commonwealth of Virginia has a right to oflfer inducements to have created in her borders new taxable values, and it is a short sighted policy that would stand in the path of such progress and development. There is no industry in this State that would not be benefited by having many more like it near by, and cer- tainly when we consider that when, in so short a time as ten years in the life of a State, all the others would be helping to bear the burdens of taxation, we could see how rapid would be the growth and how much lighter the burden when thus dis- tributed. Let us make a bid for fifty shipyards like the ones at Newport News and Richmond, and create scenes along the banks of our rivers like the one I once beheld on the Clyde at Glasgow, where I counted over three hundred vessels being built along the banks of that river. Why cannot we have works of this kind along the James and on the Appomattox ? Why cannot we develop the magnificent water powers that flow from the summits of the Alleghany and the Blue Ridge mountains down to the sea ? Why cannot the lands that once were in profitable cultivation, but that are now growing up in brush and broom sage, be made to bloom again. Would it not be wise to offer inducements to foreign capital to come and culti- vate them? We could say to the homeseeker from evexy sec- tion : Come and dwell with us, we will exempt from taxation the capital that you bring, for a sufficient number of years to give you a start, and to buy stock and erect buildings on these waste places. Every barren acre is a blot on the State and should be erased. I ask that this Convention, framing a new Constitution, will permit the State and local authorities to offer such inducements as I have indicated for capital to come within our borders. You will pardon me, I pray, the specific suggestions I have just made, and I trust you will not think I am presuming upon your courtesy in inviting me before you. I feel that in speak- ing of the wild and unsubdued natural resources and physical features of the State in which we live that I am yoicing a senti- Digitized by Google JOUBNAL OF THE CONSTITUTIONAL CONVENTION. 21 ment that will create no division nor embitter a single contro- versy in the hearts of our people. I will not take up your time with the mass of figures and comparative values this subject naturally demands, but I say to you with all the influence of my official position that every waste acre of land in this Commonwealth, that every sparkling stream that runs unharnessed to the sea, that every mountain side that is veined with coal and ore, that the very air of Heaven , the pure atmosphere in which we are bathed and wrapped, all these call upon you to contribute to their enfranchisement. This is the free suffrage of nature. Under the benign blessing of our governmental policies, fields that have not yet recovered from the blasting scars of war will teem with a populous and happy life. The massive weight of rivers that run in useless course to the sea will be lifted and made to do the work of ten thousand hands. Factories will spring up, and the world's varied needs can be supplied from Virginia products. I beg of you, gentlemen, not to let slip your opportunities. You have come here to purify, exalt and ennoble the citizenship of the State, and to put just and necessary restrictions upon suffrage. You have come here to provide an equitable and properly ap- portioned assessment of property values, so that the burdens of taxation may rest upon all alike in proportion to the protection and enjoyment they receive under the laws. You have come here to devise an economical expenditure of the funds raised by the taxing power, and to see that when collected they are sacredly guarded and honestly expended. Public officials are necessary, and public offices should always be objects of honor and trust, but when there are more officials and more offices than the needs of the people require then it degenerates into a slothful and dishonest waste. In this par- ticular again I need hardly remind you of your duties. The patient is on the table and the surgeon's knife is in your hands. Let the operation be both skillful and expeditious. But while you have come here for all of these things, and by common consent you can hardly leave here without instituting the needed reforms, and giving them your most faithful atten- tion, yet allow me to insist that you have also come here as the one body with sufficient power that has assembled in this Commonwealth in thirty- five years to speak with au- thority and act with effectiveness in regard to the invitation to be extended to all the world of bringing their capital to Virginia and of making Virginia their home. We know that we have the loveliest home life on earth, and we know we have the sweetest and most beautiful wives and daughters on earth. We exemplify in our daily lives the bless- ings that come with Christian civilization. Without releasing Digitized by Google 22 JOURNAL OF THE CONSTITUTIONAL CONVENTION. our hold for one instant upon these things let us press forward to a greater material prosperity, and by proper protection for investments, by prompt and inexpensive adjustment of all claims between debtor and creditor, by the lightest possible burdens of taxation, and by wise and frugal self-denying econ- omy, let us build up a material greatness in keeping with the moral greatness of our people. The prosperity of Virginia should be marked from the very day this Convention adjourns. We cannot hope for as rapid a growth as some of our Western sister States, but there is a charm in the very thought of having Virginia as your home, and your children reared amid the sacred memories of this historic soil. I look to see the day when this Commonwealth will be made the meeting ground in friendliest harmony between the men from the North and from the South, from the East and from the West* and from the lands beyond the sea. We can be, by virtue of our very geog- raphic position, the meeting place and camping ground of a rounded and prosperous nation. In conclusion, I beg to say that I recognize m this body as in no other one that has assembled here, the very presence of the Virginia people. You are Virginia! You alone have authority to speak for her without limitation or restriction. Her heart throbs in your hearts. Your voices are her mouthpiece. Your acts are her acts. Your character is her character ; and with a heartfelt wish that High Providence will bless and preside over your deliberations and acts, I salute you with my most con- siderate obeisance and profound respect. On motion of Mr. Parks, of Page, the following resolution was agreed to. Resolved, That the thanks of the Convention, be, and they are, hereby tendered to his Excellency, the Hon. J. Hoge Tyler, Governor of the Commonwealth, for his admirable address this day delivered, and that it be spread upon the records of the Convention, and that the liberties of floor be extended to him. By unanimous consent Messrs. Lindsay, of Albemarle, Gor- don, of Louisa, and Andbrson, of Rockbridge, withdrew the resolutions relating to the appointment of certain committees introduced by them on yesterday, whereupon Mr. Anderson, of Rockbridge, proposed the following resolutions which were adopted. Resolved, That four committees be appointed by the Presi- dent of the Convention as follows : A committee to be known as the ''Committee on Organiza- tion,'' to consist of two members^of the Convention from each Digitized by Google JOUBNAIi OP THE CONSTITUTIONAL CONVENTION. 23 Congressional District, and one to be appointed from the State at large, which committee shall report as follows : First. What standing committees shall be appointed by this Convention ; the manner of their selection ; the number of members composing each ; and the jurisdiction of said stand- ing committees, respectively. Second. What officers and employees are required for the proper conduct of the business of the Convention, and what, generally, shall be their duties, what their compensation, and how they shall be chosen or appointed. II. A** Committee on Privileges and Elections," to consist of nine members of the Convention. III. A '* Committee on Rules,'* to consist of ten members to be appointed as follows, to-wit : one member from each Con- gressional district, which committee shall report rules of pro- cedure to be adopted for the government of the Convention. IV. A committee to be known as the " Committee on Reporting,*' to consist of seven members, which committee shall report as to the best arrangements, plans and provisions for reporting the debates, proceedings and transactions of this Convention, and publishing the same in book form, and also for the doing of any and all printing which may from time to time be re- quired or ordered by the Convention. Each of said committees shall be authorized to employ such clerical assistance as it may find necessary, and each shall make its report to this Convention as promptly as practicable. Mr. Habbison, of Frederick, proposed the following resolu- tion : Resolved, That no one shall be admitted inside of the railing except members of the Convention, officers and persons invited by some member, and all windows are to be kept clear. Mr. Hatton, of Portsmouth, moved to lay the resolution on the table which was rejected. Mr. Hatton then moved to refer the resolution to the Com- mittee on Rules when appointed, which was rejected. The resolution was then agreed to. Mr. Aybbs proposed the following resolution which was agreed to. Digitized by Google 24 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Resolved, That the Secretary of the Convention, be, and he is, hereby authorized to appoint two assistants temporarily, their compensation to be hereafter fixed by the Convention. Mr. Anderson, of Rockbridge, offered the following resolu- tion : Resolved, That when the Convention adjourns to-day it will adjourn to meet at 12 o'clock noon on Tuesday next, which was agreed to. Mr. Waddill, of Henrico, proposed the following resolu- tion which was agreed to. Resolved, That the Secretary of this Convention be instructed to communicate, without delay, with the clerks of the county courts of this State, and request them to furnish the following information, for the use of this body. For the year ending Slst of August, 1900 : The number of felony cases commenced. The number of felony cases decided. The number of felony cases pending. The number of felony cases nolle prosequied. The number of misdemeanor cases commenced. The number of misdemeanor cases decided. The number of misdemeanor cases nolle prosequied. The number of misdemeanor cases pending. The number of days of the session of the court. Mr. Parks, of Page, oflfered the following resolution which was agreed to. Resolved, That the Secretary of the Commonwealth furnish the members of the Convention the Code of Virginia and such acts of the General Assembly as may be called for, to be used during the session of the Convention. The President announced the appointment of the following committees. Committee on Organization — Messrs. W. A. Anderson, Daniel, Flood, Withers, Newton, Thom, Hamilton, Ingram, Ayers, Wysor, Claggett B. Jones, Crismond, Thomas H. Barnes, Bolen, Robertson, Stebbins, Boaz, Keezell, Smith, R. L. Gordon, Mo- ll waine. Committee on Rules — Messrs. Wise, Marshall, Quarles, Law- son, Green, Bouldin, Walker, Barbour, TurnbuU, Parks. Committee of Privilege and Election — Messrs. Braxton, Carter, Garnett, Eggleston, James W. Gordon, Hatton, Gillespie, Blair, Summers. Committee on Reporting — Messrs. Glass, Lindsay, Willis, Fairfax, Meredith, Geo. K. Anderson, Hancock. On motion of Mr. Hubard the Convention adjourned. Digitized by Google JOURNAL OF THE CONSTITUTIONAL CONVENTION. 26 TUESDAY, JUNE 18, 1901. The Convention assembled at 12 o'clock M. Prayer by the Rev. Dr. Greo. Cooper of the Baptist church. The journal of Thursday's proceedings was read and ap proved. Messrs. Gilmorb S. Kendall, of Northampton, and Henry C. Stuart, of Russell, appeared and took their seats. Mr. Jones, of King and Queen, by request, presented the pe- tition of Mr. Morgan Treat, contesting the seat of Mr. Roger Gregory, as the delegate from the counties of King William and Hanover, which on his motion was referred to the Committee of Privileges and Elections. Mr. Summers, arising to a question of personal privilege, presented the following : I, John C. Summers, of the county of Washington and State of Virginia, do solemnly swear that I will support and maintain the constitution and laws of the United States, and the consti- tution and laws of Virginia, that I recognize and accept the civil and political equality of all men, before the law, and that I will faithfully perform the duty of delegate to the Constitu- tional Convention of Virginia, to the best of ray ability. So help me God. JNO. C. SUMMERS. Subscribed and sworn to before me the 18th day of June, 1901, at Richmond, Va. S. B. WITT, Jvdge of the HuBiings Court of Richmond, -V a. — which on motion of Mr. Eggleston, was referred to the Com- mittee of Privileges and Elections. Mr. O'Flaherty proposed the following resolution : Resolved, That the Auditor of Public Accounts be instructed to furnish to the Convention, as soon as practicable, the follow- ing information : A statement of the amount of taxes paid into the State Treasury for the last five years by each county and city, on real estate, personal property, polls, annually, giving white and colored separately, as to each of the species of taxation ; a statement of the amount of delinquent taxes for the last five years in each county and city, by whites and colored, on per- sonal property and on polls, giving white and colored separately, as to each species of tax ; a statement showing the amount of money due the State by county and city treasurers, from all taxes excepting the current year ; a statement showing the amount the State has lost in the last ten years preceding the Ist of June, 1901, through treasurers, deputy treasurers, or 4 Digitized by Google 26 JOURNAL OF THE CONSTITUTIONAL CONVENTION. others, by defalcation or through relief bills, and giving the names of parties with amounts, through whom lost or relieved against. — which on motion of Mr. Robertson was referred to the Com- mittee on Taxation, when appointed. The President laid before the Convention the following reso- lution, adopted by the Constitutional Convention of Alabama, now in session. RESOLUTION 145. Be it resolved by this Convention that the proper officers of this Convention be instructed to transmit to the Constitutional Convention of the State of Virginia, now in session at Rich- mond, the following message : To the President and Delegates of the Constitutional Conven- tion of the State of Virginia. The President and Delegates of the Constitutional Conven- tion of the State of Alabama, now in session at Montgomery, extend greetings to the President and Delegates of the Consti- tutional Convention of the State of Virginia, now in session at Richmond. JNO. B. KNOX, President of the Convention. A-TTR8T * FRANK N. JULIAN, Secretary. — which on motion of Mr. Eggleston was ordered to be spread upon the records of this Convention and a suitable reply made thereto by the President. Mr. Wise, from the Committee on Rules, reported the fol- lowing rules for the government of the Convention. To the Constitutional Convention of Virginia : The Committee on Rules respectfully recommends to the Con- vention for the government of its deliberations and proceedings the following rules and regulations : 1. The President of the Convention shall take the chair every day precisely at the hour to which the Convention shall have adjourned the day preceding ; shall immediately call the mem- bers to order, and on the appearance of a quorum shall cause the journal of the preceding day to be read for correction. He shall preserve order and decorum ; may speak to points of order in preference to other members, rising from his seat for that Digitized by Google JOURNAL OF THE CONSTITUTIONAL CONVENTION. 27 purpose ; shall decide questions of order, subject to an appeal to the Conyention ; shall daily examine and correct the journal before it is read ; shall have a general direction of the hall ; maj call any member to the chair to perform its functions, not exceeding one day ; shall set apart seats in the hall for the mem- bers of the Greneral Assembly, and of the Executive of the State, for the judges of this State, and of the United States, and for such other persons as he may think proper to invite within the hall ; for any disturbance or disorder amongst spec- tators in the hall or gallery, he or the chairman of the com- mittee of the whole (as the case may be) shall have power to order the same to be cleared ; he shall promptly call members to order for transgressing the rules ; and when two members arise at the same time to address the chair, shall name the one who is to speak, taking care, however, always to allow a mem- ber who arises and addresses the chair first, to speak first. 2. No member shall absent himself from the service of the Convention without leave, unless he is sick and unable to at- tend. 3. A member about to speak or deliver any matter to the Convention, shall rise from his seat, and without advancing shall, with due respect, address *'Mr. President," confining himself strictly to the point in debate, avoiding all personality, and indecent and disrespectful language. 4. No member while addressing the Convention shall call another member by name. 5. No member shall speak more than twice to the same ques- tion without leave ; nor more than once until every other mem- ber intending to speak shall have spoken. 6. The rules in parliamentary practice, comprised in Jeffer- son's Manual, shall govern the Convention when in committee of the whole, and in all other cases to which they are appli- cable and nbt inconsistent with the rules and orders of the Con- vention ; and all reports of standing committees relating to changes, amendments, alterations, or provisions of the Con- stitution, shall be referred to the committee of the whole, with- out debate. 7. The Secretary shall be charged with the whole clerical business of the Convention, and of its committees, and shall see that the committee clerks discharge properly the duties re- quired of them by the several committees to which they are assigned, and when not so employed to render such assistance as may be required to other committees, and in the business of the Convention. The committee clerks may be removed by the Secretary, with the approval of the President, and they shall be so removed upon the request of the committee to which they are severally assigned. Digitized by Google 28 JOURNAL OP THE CONSTITUTIONAL CONVENTION. 8. The Secretary shall keep a journal of the proceedings of the Convention and shall submit it daily to the President in time to be examined and corrected by him before the next assembling of the Convention. It shall be read to the Conven- tion the succeeding day, and, when approved by it, shall be printed under the direction of the Secretary, and one copy de- livered to each member of the Convention without delay. The Secretary shall not suffer any records or papers to be taken from the table, or out of his custody by any person. He shall keep the accounts of the compensation of the mem- bers and officers of the Convention, and shall, from time to time, certify the same to the Auditor for payment. He shall provide the stationery required for the business of his office, and of the Convention, and for use of the members during the session. The claim of the Clerk for such supplies, when approved by the Committee on Accounts and Expendi- tures, shall be certified by the President to the Auditor for payment. He shall keep detailed accounts of all these transactions in a book to be provided for the purpose, which shall be open at all times to inspection by members of the Convention. 9. A question once determined, must stand as the judgment of the Convention, and shall not again be drawn into debate, except on a motion to reconsider or rescind. 10. While the President is reporting or putting a question, none shall entertain private discourse, read, stand up, walk into, or out of the Convention ; and when a motion to lie on the table is made, there shall be no debate upon that, or any inci- dental question arising out of it, excepting an appeal. 11. A member shall not vote upon any question touching his own conduct or privilege as a member, but shall be entitled to vote upon all other questions before the result of the vote is an- nounced by the chair. 12. A majority of the members of the Convention shall be necessary to transact business, and every question shall be de- termined according to the vote of the majority of the members present. Any smaller number shall be sufficient to adjourn, and ten may order a call of the Convention, send for absentees , and make any order for their censure or discharge. 13. A majority of any committee shall be necessary to trans- act business. 14. Any person who shall tamper with any witness in respect to his evidence to be given in this Convention, or before any of its committees, or who shall directly or indirectly attempt to deter or hinder any person from appearing or giving evidence, shall be deemed to have committed a high crime, and shall be punished accordingly. Digitized by Google JOURNAL OY THB CONSTITUTIONAL OONVBNTION. 2d 15. The Sergeant-at-Arms, with his assistants, shall attend upon the Convention during its sittings, and shall execute its commands, together with all such process issued by its authority, as shall be directed to him by the President. He shall, under the direction of the President, have charge of the police of the hall, and shall prevent any interruption of the business of the Convention by disorder within or without. He shall distribute among the members all papers printed for their use, and shall give such attendance upon them during the sittings of the Convention as will promote their comfort and facilitate the business of the Convention. He shall procure for the members, when requested, certifi- cates for pay and mileage, and, at their request and upon their endorsement, shall collect and pay over to those entitled thereto, the money due upon such certificates. He shall attend the receiving and dispatching of all mail or telegraphic matter intended for or sent by members, aifd shall make such arrangement therefor as to promote the convenience of the members. 16. No person shall be taken into custody by the Sergeant-at- Arms on any complaint of a breach of privilege, until the mat- ter of such complaint shall be examined by a committee and re- ported to the Convention. 17. On a call of the convention, the doors shall not be shut against any member until his name is once called and noted as an absentee. 18. When any member shall remain in his seat two days after leave of absence, such leave shall be void. 19. As soon as the journal is read and approved, and the names of the members called, the President shall ask if there are any resolutions, ordinances, petitions, or memorials to be presented. The resolutions, ordinances, petitions, and memo- rials having been presented and disposed of, reports, first from standing, and then from select committees, shall be called for, after which the President shall dispose of the resolutions, ordi- nances, petitions, and memorials on his table, and then proceed to call the order of the day, which shall always be take^ up one hour after the assembling of the Convention, or earlier if prior orders shall have been disposed of. The unfinished business in which the Convention was engaged at the time of the last ad- journment shall have preference in the orders of the day, and no motion nor any other business shall be received without special leave of the Convention, until the former shall have been disposed of. The order of the day shall be as follows : 1. The unfinished business in which the Conven- tion was engaged at its last adjournment. 2. Special orders of the day. Digitized by Google 30 JOURNAL OP THE OONBTITUTIOKAL CONVENTIOK. 3. Resolutions, ordinances, petitions, and me- morials in the order in which they have been pre- sented to the Convention. 20. Any member (seven others concurring) shall have a right to demand the ayes and noes upon any question, at any time before it be put, and in such case the names of the mem- bers shall be called by the Secretary in alphabetical order, ex- cept that the President shall be called last, and the ayes and noes entered respectively on the journal ; and the question decided as a majority of votes shall thereupon appear. But after the ayes and noes are separately taken, and before they are counted and entered on the journal, the Secretary shall read over the names of those who voted in the affirmative, and of those who voted in the negative, in order that any mistake m the listing of names and votes may be corrected. 21. The petitioner who contests the election of a member returned to serve in this Convention, shall receive his compen- sation only from the day on which he is declared duly elected. 22. Select committees shall be composed of not less than five, nor more than thirteen. 23. In elections, but one vacancy shall be filled at a time, and, if in any election, no person receive a majority of the whole vote upon the first ballot, the person having the smallest number of votes shall not be voted for upon the next ballot, and so on each succeeding ballot, until some person shall have a majority of the whole. 24. In all votes of the Convention, except by ayes and noes, the President may, and at the instance of any member, shall cause the Convention to be divided ; and if upon the rising of the members in the affirmative, a doubt still exists with the President or any member, on which side the majority is, the members in the affirmative shall first be counted, and then those in the negative, either by the President or at his request, by two members of opposite opinions upon the question. 25. All committees shall be appointed by the President unless otherwise specially directed by the Convention. The first- named member of any committee shall be the chairman, and if he be absent, or be excused by the Convention, the next named member, and so on, unless the committee elect a chairman. 26. All resolutions, ordinances, petitions, and memorials in- troduced, unless otherwise ordered by the Convention, shall be referred by the Secretary, under the direction of the President, to the proper committees ; and the Secretary shall enter the fact with the names of the members presenting them upon the journal, and they shall be printed for the use of the members unless otherwi**e ordered by the Convention. And no final action shall be had upon such resolutions, ordinances, petitions Digitized by Google JOURNAL OP THE CONSTITUTIONAL CONVENTION. 31 or memorials, until the committee shall have reported thereon, or until the committee shall be discharged from further con- sideration of the matter, which may be done bj a vote of a ma- jority of the Convention present. 27. The several standing committees shall not only consider and report upon the matters specially referred to them, but it shall be the duty of each committee to suggest to the Conven- tion any clause that such committee may deem proper to be in- serted in the Constitution, relating to the subjects which said committee has in charge. 28. The documents ordered to be printed by the Convention shall be printed on paper of the same size of the journals of the Convention, and a copy shall be bound with each journal, to be furnished to the members at the end of the session ; and it shall be the duty of the printer of the Convention to print one hundred additional copies of eacli document for the use of the Commonwealth. 29. No committee shall sit during the sessions of the Con- vention without special leave. 30. If any member, while speaking, transgress the rules of the Convention, the President shall, or any member may, call him to order ; and the member so called to order shall immedi-* ately sit down, unless permitted to explain, and the Convention shall, if appealed- to, decide on the case, but without debate. If there be no appeal, the decision of the chair shall be sub- mitted to ; if the decision be in favor of the member, he shall pro- ceed— if against him, he shall not proceed, if any other mem- ber object, without leave of the Convention, and if the case re- quire it, he shall be liable to the censure of the Convention. 31. If a member be called to order for words spoken in de- bate, the member calling him to order shall repeat the words excepted to, and they shall be taken down in writing by the Secretary ; and no member shall be held to answer, or be sub- ject to the censure of the Convention for words spoken in de- bate, if any other member has spoken, or other business has intervened, before exception to them shall have been taken. 32. While a member is speaking none shall entertain private discourse, or shall otherwise disturb bim, or pass between him and the chair. 33. Every member shall remain uncovered during the sessions of the Convention ; and no member shall remain by the Secre- tary's table while the ayes and noes are calling, or while the Convention is voting, or the Secretary calling or counting the votes, in any election. 34. Every member who shall be in the Convention when a question is put, shall vote unless excused ; and all motions to excuse, in such cases, shall be made before the Convention di- Digitized by Google S2 JOUBKAL OP THE OONSTITUTIOKAL OONVKNTION. vides, or before the call of the ayes and noes is commenced; and any member requesting to be excused from voting, may make a brief verbal statement of his reasons, and the question shall then be taken without further debate. Upon a division of the house on any question a member who is present and fails to vote shall, on the demand of any member, be counted on the negative of the question, and when the yeas and nays are ti^en shall in addition be entered on the journal as present and not voting. But no member who has an immediate and special personal interest in the result of the question shall either vote or be counted upon it. 35. Every motion shall be reduced to writing, if the President or any member desire it. 36. When a question is under debate, no motion shall be re- ceived but to adjourn, for the previous question, to lie on the table, to postpone indefinitely, to adjourn the question tea different day, to commit or amend ; which several motions shall have precedence in the order in which they are arranged. 37. Pending a debate, any member who obtains the floor for that purpose only, and submits no other motion or remark, may move for the *' previous question," or the " pending question," "and in either case the motion shall be forthwith put to the Convention. Two-thirds of the members present shall be re- quired to order the main question ; but a majority may require an immediate vote upon the pending question, whatever it may be. The previous question shall be put in this form : ** Shall the main question now be put ?" If carried, its effect shall be to put an end to all debate, and bring the Convention to a direct vote upon a motion to commit, if pending ; then upon amend- ments reported by a committee, if any; then upon pending amendments, and then upon the main question. If upon the motion for the previous question, the main question be not ordered, debate may continue as if the motion had not been made. 38. Any member may call for the division of a question, and it shall be thereupon divided, if it comprehend propositions in substance so distinct that one being taken away, a substantive proposition shall remain for the decision of the Convention— but a motion to strike out being lost, shall not preclude a mo- tion to strike out and insert. 39. No person shall be allowed to smoke in the hall, lobby, or galleries during the sitting of the Convention. 40. The rules of the Convention shall not be suspended ex- cept by a vote of two-thirds of the members present, to be as- certained by an actual division of the Convention ; but a propo- sition to change a rule of the Convention shall be submitted in Digitized by Google JOURNAL OF THE CONSTITUTIONAL CONVENTION. 33 writing and forthwith printed. In its printed form it shall lie on the table for two days, and be read to the Convention during the morning hour of each day during that time. At the expi- ration of two days it shall be ready for consideration and may be adopted or rejected by a majority vote of the members pres- ent. Upon a motion to suspend a rule of the Convention, the mover shall be allowed five minutes to state the reasons for his motion, and one member opposed to the motion, shall be allowed a like time to object. 41. When the Convention is about to rise, every member shall keep his seat until the President shall have announced the ad- journment. Respectfully submitted, GEO. D. WISE, Chairman. — which on his motion were laid upon the table and two hun- dred copies ordered to be printed for the use of the members. Mr. Wise proposed the following resolution which was adopted : Resolved, That the Committee of Privileges and Elections shall examine the certified list of Delegates elected to this Con- vention, which was laid before the Convention, upon its initial assembling, by the Secretary of the Commonwealth, according to law, and shall report thereon the persons who appear to have been duly elected as delegates to this Convention, together with the districts they represent. The President laid before the Convention the following com- munication from the Chamber of Commerce of the City of Richmond, which on motion of Mr. Anderson, of Rockbridge, was ordered to be spread upon the journal and a suitable reply made thereto by the President. Richmond, Va,, June 18, 1901. To the Honorable President and Members of the Constitutional Con- vention, Richmond, Va.: Honorable Sirs, — In pursuance of a resolution adopted by the board of directors of the Richmond Chamber of Commerce, the thirteenth day of June, 1901, as a committee appointed for that purpose, we have the honor to convey to the members of your body, individually and collectively, a most cordial greeting and welcome to our beloved city, in the name of the Chamber, and feel assured that, in the performance of this pleasant duty, our action reflects the true sentiment of this entire community. Deeply sensible of the fact that the presence of a body of such distinction as a Constitutional Convention at the capital 5 Digitized by Google 34 JOURNAL OP THE CONSTITUTIONAL CONVENTION. city of the State will add a most important page to its proud history, and that the vital problems to be considered have brought into our midst patriots from all sections of Virginia, we feel a profound interest in this momentous occasion and in those who are invested with the high mission of dealing with a situation so fraught with grave responsibilities. We are also most desirous, though speaking for a commercial organization, that the old time reputation of Richmond for hos- pitality and courtesy shall be fully sustained, and therefore deem it not amiss to proffer the best services of the Chamber and of ourselves, if in any manner they can be made to con- tribute to your comfort or pleasure during, the session of the Convention. Confident that the hearts and homes of our people, our social organizations, and all other institutions of the city will be most gladly opened to you, we trust that, though sojourners, you may be made, in many respects, to feel entirely at home. With great consideration, we are, Very respectfully yours, L. Z. MORRIS, Chairman, ROBT. LECKY, Jr., 0. HERBERT FUNSTEN, O. J. SANDS, L. H. JENKINS. The President laid before the Convention a communication from the Commonwealth Club of the City of Richmond extend- ing the privileges of the club to the members of the Convention during their stay in Richmond, which invitation was, on mo- tion of Mr. Daniel, accepted with thanks, and the President directed to make proper acknowldgement. A communication was read from Mr. W. W. Foster, a photo- grapher of Richmond, who desired to make a group of the officers and members of the Convention, which on motion of Mr. Gordon, of Richmond, was laid on the table. Mr. Braxton from the Committee of Privileges and Elections presented the following report which was adopted. To the Convention : The Committee of Privileges and Elections, in pursuance of their duty, have had under their consideration the certified list of delegates elected to this Convention, which was laid before the Convention at its initial assembling by the Secretary of the Commonwealth according to law, and report that the following persons appear to have been duly elected thereto— to-wit : From the District of Accomack— N. B. Westcott. From the District of Albemarle and the city of Charlottesville— W. H. Boas, J. H. Lindsay. Digitized by Google JOUBNAL OF THE CONSTITUTIONAL CONVENTION. 36 From the District of Alexandria county and dty— Francis L. Smith. From the District of Alleghany, Bath and Highland—Qeorge K. Anderson. From the District of Amherst— Clarence J. Oampbell. From the District of Angnsta snd city of Staonton— J. M. Qoarles, A. C. Biaxton. From the District of Bedford— John Goods, John Thompson Brown. From the District of Botetoart— James Mondy. From the District of Bronswick— Robert Tambnll. From the District of Bachanan, Dickenson and Wise— R. A. Ayres. From the District of Backingham and Cumberland— Edmnnd W. Habard. From the District of Oampbell— John W. Daniel. From the District of Oampbell and Appomattox— H. D. Flood. From the District of Oaroline— W. L. Cobb. From the District of Carroll— D. W. Bolen. From the District of Charlotte— D. Q. Eggleston. From the District of Chesterfield, Mimchester and Powhatan— Beverly A. Han- cock, John H. Ingram. From the District of Clarke and V^arren— D. 0. CFlaherty. From the District of Craig, Roanoke city and ooanty— Wm. Gordon Robertson, James W. Marshall, 8r. From the District of Calpepei^-John 8. Barbour. From the District of Dinwiddie— B. J. Epes. From the District of Elisabeth Cii^ and Accomack— J. M. V^illis. From the District of Essex and Middlesex— J. A. Bristow. From the District of Fair&x— R. Walton Moore. From the District of Faaqnier- Eppa Honton, Jr. From the District of Floyd— Nathan Phillips. From the District of Flnvanna and Goochland— Wm. B. Pettit. From the District of Franklin— Beverley A. Davis. From the District of Frederick and city of Winchester— Thomas W. Harrison. From the District of Gloacester and Mathews — G. T. Gamett. From the District of Grayson— T. L. Gwyn. From the District of Greene and Madison— E. H. Lovell. From the District of Greenesville and Sussex — G. L. Vincent From the District of Halifax— Wood Booldin, Joseph Stebbins. From the District of Hanover— Hill Carter. From the District of Henrico— Samael P. Waddill. From the District of Henry— A. L. Pedigo. From the District of Isle of Wight— J. W. Lawson. From the District of King and Qaeen— Claggett B. Jones. From the District of filing William and Hanover— Roger Gregory. From the District of Lancaster and Richmond— W. F. Donaway. From the District of Lee— James W. On*. From the District of Loadoan — Henry Fair&x. From the District of Loudoon and Faaanier— Albert Fletcher. From the District of Loaisa— R. L. Gordon, Jr. From the District of Lynchburg— Carter Glass. From the District of Lonenbarg— L. A. Hardy. From the District of Mecklenburg—G. P. Tiirrv. From the District of Montgomery and Radford— Thomas L. Moore. From the District of Nansemond— Thomas H. Barnes. From the District of Nelson— B. T. Gordon. From the District of New Kent, Charles City, James City, Warwick, York, Williamsboiv and Newport News— M. H. Barnes. From the District of Norfolk city— A. P. Thom« D. Tncker Brooke. From the District of Norfolk county— Wm. N. Portlock. From the District of NoHhampton and Accomack— Gilmor S. KendalL From the District of Northumberland and Westmoreland— 0. Harding Walker. From the District of Nottoway and Amelia— Walter A. Watson. From the District of Orange— A. 0. Walter. From the District of Page and Rappahannock— R. S. Parks. From the Dbtrict of Patrick— J. M. Hooker. From the District of Petersburg— Alexander Hamilton, William E. Cameron. From the District of Pittinrlvania and Danville— Berry man Green, Eugene Withen, O. £. Miller, G. W. Jones. Digitized by Google 36 JOURNAL OF THE CONSTITUTIONAL CONVENTION. From the District of Portsmoath — Q. Hatton. From the District of Princess Anne— Jonathan Woodhoase. From the District of Prince Edward— Richard Mcllwaine. From the District of Prince George and Surry— Timothy Rives. From the District of Prinoe William— J. B. T. Thornton. From the District of Pnlaski and Giles— J. C. Wysor. From the District of Rappahannock — W. T. Yancey. From the District of Richmond city— 0. V. Meredith, John Garland Pollard, James W. Gordon, George D. Wise, Virginias Newton. From the District of Rockbridge and Baena Vista — William C. Anderson, J. W. Gilmore. From the District of Rockingham— George B. Keezell, George N. Earman. From the District of Russell— H. 0. Stuart. From the District of Scott— J. B. Richmond. From the District of Shenandoah — H. B. Chapman. From the District of Southampton — Joseph L. Barham. From the District of Smyth and Bland — A. T. Lincoln. From the District of Spottsylvania and Fredericksburg— H. F. Crismond. From the District of Stafford and King George — Thomas J. Moncure. From the District of Tazewell— A- P. Gillespie. From the District of Washington and city of Bristol— John 0. Summers, Pres- ton W. Campbell From the District of Wythe— Robert William Blair. The aforesaid certified list furnished by the Secretary of the Commonwealth, is herewith returned with this report. Roger Gregory, Esq., is returned elected from the District of King William and Hanover ; but your Committee is informed that his seat in this Convention will in due time be contested by Morgan Treat, Esq., of the county of King William; the notice of contest, served by the contestant upon the contestee, and the answer thereto, with the evidence taken by the parties, has been filed with the Secretary of the Convention, but no pe- tition of complaint has yet been filed before the Convention by the said contestant, nor has the said contest been referred to this Committee for action. Your Committee are therefore of opinion, that in the present status of the case they have no jurisdiction to pass upon the said contest. Your Committee therefore report, that the said Roger Gregory, having the official return of election of the said District of King William and Hanover, is prima facie entitled to occupy a seat in the Conven- tion as the Delegate from the said District, until otherwise ordered by the Convention, upon final decision of the said con- test, should the same be perfected and proceeded with accord- ing to law. All of which is respectfully submitted by, and on behalf of, the committee. A. C. BRAXTON, Chairman of Committee of Privileges and Elections, Mr. Flood proposed the following resolution, which was agreed to. Resolved, That the address of the Hon. John Goode, in ac- Digitized by Google JOUBNAL OF THE CONSTITUTIONAL CONVENTION. 37 cepting the Presidency of the Convention, be printed in the journal of the Convention. Mr. Anderson, of Rockbridge, from the Committee on Or- ganization, presented the following report: REPORT OF COMMITTEE ON ORGANIZATION. To the Convention : — In discharge of the duties devolved upon us by the resolution adopted June 13, 1901, your Committee beg leave to report that they have considered the subjects thus referred to them, and respectfully recommend the adoption of the following resolutions : First. Resolved, That the sixteen committees hereinafter mentioned shall be the standing committees of the Convention, the members of which shall be appointed by the President ; and the jurisdiction of said committees shall be as indicated by their respective titles. Committee on Preamble and Bill of Rights, the Division of Governmental Powers, and on such portions of the Constitu- tion as shall not be referred to other Committees ; to be com- posed of eleven members, at least one of whom shall be chosen from each Congressional District of the State. II Committee on the Elective Franchise, Qualification for OflSce, Basis of Representation and Apportionment, and on Elections ; to be composed of twenty-two members, at least two of whom shall be chosen from each Congressional District of the State. III. Committee on the Executive Department, Ministerial Offices of the State Government, and Bureaus ; to be composed of eleven members, at least one of whom shall be chosen from each Congressional District of the State. IV. Committee on the Legislative Department, except such matters as come within the jurisdiction of other standing Committees ; to be composed of eleven members, at least one of whom shall be chosen from each Congressional District of the State. Digitized by Google 38 JOURNAL OP THE CONSTITUTIONAL CONVENTION. V. Committee on Judiciary ; to be composed of fifteen members , at least one of whom shall be chosen from each Congressional District of the State. VI. Committee on the Organization and Government of Counties ; to be composed of fifteen members, at least one of whom shall be from each Congressional District of the State. VIL Committee on the Organization and Government of Cities and Towns ; to be composed of eleven members, at least one of whom shall be chosen from each Congressional District of the State. VIII. Committee on Education and Public Instruction ; to consist of fifteen members, at least one of whom shall be chosen from each Congressional District of the State. IX. Committee on Taxation and Finance ; to consist of fifteen members, at least one of whom shall be chosen from each Con- gressional District of the State. X. Committee on Public Institutions and Prisons ; to be com- posed of eleven members, at least one of whom shall be chosen from each Congressional District of the State. XI. Committee on Corporations ; to be composed of eleven mem- bers, at least one of whom shall be chosen from each Congres- sional District of the State. XII. Committee on Final Revision and Adjustments of the vari- ous provisions of the Constitution that may be agreed upon, and upon the Schedule ; to be composed of eleven members, at Digitized by Google JOURNAL OF THE CONSTITUTIONAL CONVENTION. 39 least one of whom shall be chosen from each Congressional Dis- trict of the State. XIII. Committee on Rules ; to be composed of eleven members, at least one of whom shall be chosen from each Congressional Dis- trict of the State. XIV. Committee on Privileges and Elections ; to be composed of eleven members, at least one of whom shall come from each Congressional District of the State. XV. Committee on Accounts and Expenditures of the Convention ; to be composed of eleven members, at least one of whom shall be chosen from each Congressional District of the State. XVI. Committee on the Journal, and on Enrollment of the Ordi- nances and Resolutions of the Convention ; to be composed of eleven members, at least one of whom shall be chosen from each Congressional District of the State. Second. Resolved, That the officers and employees of the Convention, their duties and compensation, shall be as follows : 1. The President, already chosen, shall preside over the sessions of the Convention, and see that its rules of order are observed. His compensation shall be a per diem of eight dollars during the session of the Convention. 2. The Secretary, who shall be charged vrtth the duty of keeping an accurate record of the proceedings and transactions of the Convention, and entering the sam^ upon the journal to be carefully kept by him for that purpose ; and he shall dis- charge generally the usual duties of the Secretary of the Con- vention, and such others as may be devolved upon him by the rules or by order of the Convention. His compensation shall be a salary of one hundred and fifty dollars per month during the sessions of the Convention, and while his time shall be actually engaged in attending to his duties as Secretary of the Convention. 3. A Sergeant-at-Arms, and a first and second Door Keeper, already elected, whose duties shall be such as are usually de- volved upon such officers, and such ^ may be prescribed by the Digitized by Google 40 JOURNAL OP THE CONSTITUTIONAL CONVENTION. rules or the orders of the Convention, or of the President, and whose compensation shall be a per diem of four dollars during the sessions of the Convention, beginning with June 12, 1901. 4. Two assistant secretaries, to be appointed by the Secretary of the Convention, and six committee clerks, and so many ad- ditional clerks as the Convention may from time to time order; to be appointed by the Secretary upon the nomination of the majority of chairmen of the standing committees ; and said clerks shall perform such duties as may be assigned them by the Secretary of the Convention ; and their compensation shall be four dollars per day during the session of the Convention, beginning from June 12, 1901. 5. Eight pages to be appointed by the President, two from the city of Richmond, and one from each of the five grand divi- sions of the State, and one to be recommended by the minority party of the Convention. The pages shall be under the direction of the Sergeant-atr Arms, act as messengers for the Convention, and discharge such duties as may be given them by the rules or orders of the Con- vention or the President. Their compensation shall be two dollars per day during the sessions of the Convention, beginning June 12, 1901. 6. One janitor, and two assistant janitors, who shall be ap- pointed by the Sergeant-at-Arms, and who shall be under his direction, and shall keep the hall in which the Convention meets, the Senate chamber, and the committee rooms clean and in order, and discharge such other duties as may be assigned them by the Sergeant-at-Arms. Their compensation shall be two dollars per day during the sessions of the Convention, be- ginning June 12, 1901. Respectfully submitted, WILLIAM A. ANDERSON, Chairman. — to which Mr. Wysor offered the following amendment : Resolved, That the report of the Committee on Organization, so far as it refers to pages be, and is, hereby amended so as to read as follows : The President of the Convention shall appoint eleven pages, one extra from the city of Richmond, and two from each of the grand divisions of ihe State, and it is the sense of the Conven- tion, that one of the eleven pages be appointed by the President, upon the recommendation of a majority of the Republican dele- gates in the Convention. — for which Mr. Bolen proposed the following substitute : Resolved, That the President of this Convention appoint eleven pages — one from each Congressional district of the State, Digitized by Google JOURNAL OP THE CONSTITUTIONAL CONVENTION. 41 and one ui)on the recommendation of the Republican members of this Convention. Mr. Wysor accepting the substitute in lieu of his amend- ment, the question being put, the amendment was rejected. Mr. TuRNBULL moved to amend that portion of the com- mittee's report, which referred to the appointment of committee clerks, by inserting after the word *' clerks" the following: ** who shall be stenographers." Which was rejected. On motion of Mr. Anderson, of Rockbridge, the report of the Committee on Organization was passed and made the special order for 12 : 30 o'clock to-morrow, and two hundred copies ordered to be printed for the use of the members. On motion of Mr. Quarles, the Convention adjourned. WEDNESDAY, JUNE 19, 1901. The Convention assembled at 12 o'clock M. Prayer by the Rev. Dr. Clarke of the Protestant Episcopal church. Mr. Meredith, by request, presented the contestee's petition and answer to the notice of contest filed by Mr. Morgan Treat, for the seat in the Constitutional Convention from the counties of Hanover and King William, which on his motion was re- ferred to the Committee of Privileges and Elections, when appointed. Mr. GoRDON,of Richmond, stated that Mr. Wise, of Rich- mond, chairman of the Committee on Rules, was sick and could not be present at to-day's session. The report of the Committee on Rules being under considera- tion, Mr. Marshall from that committee proposed the follow- ing amendment to section 6 ** insert after the word provisions in line 6 the following words, '* of the Convention," which was agreed to and the report as amended was adopted : Mr. Glass, from the Committee on Reporting, presented the following report, which on motion of Mr. Parks was adopted : iff. President and Gentlemen of the Convention • Your *• Committee on Reporting," acting under a resolution directing them to ** report as to the best arrangements, plans and provisions for reporting the debates, proceedings and trans- actions of this Convention and publishing the same in book form, and also for the doing of any and all printing which may from time to time be required or ordered by the Convention," beg leave to report that they have made the following ar- 6 Digitized by Google 42 JOUBNAL OF THE CONSTITUTIONAL CONVENTION. rangements, subject to the approval of the Convention, for the doing of any and all printing which may from time to time be required or ordered by the Convention : Upon investigation your committee find that this work will consist of the printing of the journal, documents, resolutions, pamphlets and ordinary job work. Your committee invited proposals from all of the job printing firms in the city, and as a result of the bidding your committee finds that the lowest bid for printing the journal, documents, resolutions, etc., was made by Clyde W. Saunders ; the lowest bid for printing pam- phlets was made by the J. L. Hill Printing Company, and the lowest bid for job work was made by the Williams Printing Company. As it will be necessary that a part at least of the printed mat- ter be bound, the committee also asked for bids for binding, and they report that the lowest bid received was that of the E. M. Epps Blank Book Company. Your committee, therefore, recommend that the contract for printing the journal, documents, resolutions, etc., be awarded to Clyde W. Saunders at his bid ; that the printing of pamph- lets be awarded to the J. L. Hill Printing Company, and that the job work be awarded to the Williams Printing Company at their bids ; that the contract for binding be awarded to the E. M. Epps Blank Book Company at their bid. Your committee return herewith as a part of this report the several bids made by the successful bidders. Your committee further recommend that seven hundred copies of the journal be printed daily, of which two hundred will be for the use of the Convention, and the residue to be bound in permanent form, with an index, to be made by the Secretary of the Convention ; that two hundred copies of all documents, resolutions, ordinances, etc., shall be printed for the use of the Convention. Your committee further recommend that J. H. O'Bannon, Superintendent of Public Printing, be authorized to make con- tracts with the successful bidders and file the same with the Secretary of the Convention, and that each bidder shall be re- quired to enter into a bond with security approved by the Sup- erintendent of Public Printing, conditioned for the faithful dis- charge of the provisions of the contract, and in a penalty equal to double the amount of the contract. The continuance of these contracts are to be conditioned upon the Convention re- maining in Richmond. The prices at which the printing is to be done does not in- clude the furnishing by the contractor of the necessary paper. Your committee therefore recommend that the Superintendent of Public Printing be authorized and instructed to purchase Digitized by Google JOURNAL OF THB CONSTITUTIONAL OONVBNTION. 43 such paper as may be necessary for said printing, and that he present his bills for the same to the Committee on Accounts for auditing and payment. Your committee further recommend that the said Superin- tendent of Public Printing be authorized and employed to per- form for the Convention sAl of the duties which he is required by law to perform as to the work of printing for the General Assembly, and such other duties as may be required of him by the Convention, and that he receive as compensation for all such duties the sum of two dollars per day. Your committee have before them several proposals looking to reporting the debates, proceedings and transactions of the Convention and publishing the same in book form, but no defi- * nite plan has as yet been formulated, and your committee asks for further time in which to consider this matter. The above- mentioned contracts do not include these classes of work, either as to printing or binding. CARTER GLASS, C. V. MEREDITH, BEVERLY A. HANCOCK, J. H. LINDSAY, J. M. WILLIS, HENRY FAIRFAX, GEO. K. ANDERSON. Mr. Richmond offered the following resolution : Ruolved, That the Constitutions of the several Stakes of the United States be printed and put in pamphlet form in alpha- betical order, for the use of the Convention, and that each member shall be entitled to one copy thereof : —which on motion of Mr. Moore was referred to the Committee on Reporting. Mr. Blair proposed the following resolution : Bemlvtd, That the notice of contest and petition filed by Mr. Morgan Treat, contesting the election of Roger Gregory as dele- gate to this Convention from the counties of King William and Hanover, together with the answer of said Roger Gregory, and the depositions of witnesses and all other papers which may be filed before the Committee of Privileges and Elections, relating to said contest, be printed: —which on motion of Mr. Moorb was referred to the Commit- tee of Privileges' and Elections, when appointed. The report of the Committee on Organization, being the spec- id order of the day, was taken up. Mr. Parks proposed the J Mlowing substitute for section 4. Digitized by Google 44 JOURNAL OF THE CONSTITUTIONAL CONVENTION. 4. Two asssistant secretaries, to be appointed by the Secre- tary of the Convention, and eight committee clerks to be ap- pointed by the Secretary upon the endorsement of a majority of the delegates from the Congressional district from which the clerk is to be selected, and such clerks shall perform such du- ties as may be assigned them by the Secretary of the Conven- tion, and their pay shall be $4.00 per day during the sessions of the Convention, beginning from June 12, 1901. The clerks should be selected from the various Congressional districts d the Commonwealth, as far as possible. Mr. Anderson, of Rockbridge, moved to strike out the last clause of section four of the committee's report and insert in lieu thereof, the following : ** and their compensation shall be four dollars per day during the sessions of the Convention from the date of their respective appointments." Which was agreed to. Mr. Braxton moved to still further amend by adding at the end of amended section 4 the following : ' ' provided that no pay be allowed said committee clerks during any adjournment of the Convention of more than five days at a time, unless ex- pressly so ordered by the Convention." Which was agreed to. Mr. Parks accepted the amendments to section 4, which had been adopted as also applying to his substitute for section 4, and the question recurring upon the adoption of the substitute, it was rejected. Mr. Watson proposed the following substitute for section 5 of the committee's report : *' eleven pages, to be appointed hj the President, one from each of the Congressional districts, upon the recommendation of the delegates from said districts; and one from State at large, upon the recommendation of the minority political party in the Convention." Which was re- jected— ayes, 38; noes, 57. On motion of Mr. Harrison, the vote was recorded as follows : ATBEH-George K. Anderson, Kufos A. Ayers, Joseph L. Barham, M. H. Baniei, D. W. Bolen, D. Tucker Brooke, Clarence J. Campbell, P. W. Campbell, John W. Daniel. D. Q. Egjjleston, B. J. Epes, Albert Fletcher, H. D. Floo<^ Carter Glaft Roger Gregory, T. L. Gwyn, L. A. Hardy, T. W. Harrison, Groodrich HattODi J. M. Hooker, £. W. Hubard, A. T. Lincoln, James W. Marshall, C. E. MilleCi Thomas J. Moncure, D. C. O'Flaherty, R. 8. Parks, A. L, Pedigo, W. N. PortloA J. B. Richmond, Timothy Rives, John C. Snmmers, A. P. Thom, Gk)rdon L. Vis* cent, Walter A. Watson, Jonathan Woodhoase, J. C. Wysor, and Mr. Tndr dent— 3S. Nobs— W. A. Anderson, John S. Barbonr, Thomas H. Barnes, Robt. W. B\f^ W. H. Boaz, Wood Bouldin, A. C. Braxton, J. Thompson Brown, William & Cameron, Hunter B. Chapman, W. L. Cobb, H. F. Crismond, W. F. Dunawi^i George N. Earman, Henry Fairfax, G. T. Garnett, J. W.Gilmore, A. P. Gille8i«i B. T. Gordon, James W. Gordon. R. L. Gordon, Berry man Green, Alexandei Hamilton, B. A. Hancock, Eppa Hunton, Jr., J. H. Ingram, Claggett B. JodMI Digitized by Google JOURNAIi OP THE CONSTITUTIONAL CONVENTION. 45 G. W. Joan, George B. Keezell, Gilmor S. Kendall, John W. Lawson, J. H. Undaay, £. H. Lovell, Richard Mcllwaine, Charles V. Meredith, R. Walton Moore, Thomaa L. Moore, James Mnndy, Virginios Newton, J. W. Orr, William B. Ptettit, Nathan Phillips, John Garland Pollard, J. M. Qaarles, W. Gordon BotertBon, Frands L. Smith, Joseph Stehbins, Henry C. Stuart, George P. Tarnr, J. Bw T. Thornton, Robert Tnmbnll, 8. P. Waddill. 0. Harding Walker, A. C. Walter, N. B. Weecott, J. M. Willis, and Eagene Wither8~57. Mr. Flood proposed the following substitute for section 5 of the committee's report: ''ten pages to be appointed by the President, one from each Congressional district of the State, upK>n the recommendation of the delegates from each district, who are to receive for their services $48.00 per month during the s^sions of the Convention.'' On motion of Mr. Keezel the substitute was laid upon the table. On motion of Mr. Anderson, of Rockbridge, the report of the Committee on Organization as amended was then adopted. Mr. Parks moved that when the Convention adjourned it adjourn to meet to-morrow at 12 o'clock. On motion of Mr. Braxton the Convention adjourned. THURSDAY, JUNE 20, 1901. The Convention assembled at 12 o'clock M. Prayer by the Rev. Dr. W. V. Tudor of the M. E. church. The journal of yesterday's proceedings was read, whereupon Mr. Parks rose to a question of parliamentary inquiry. He stated that on yesterday, according to the journal, the motion of the member from Rockingham to lay on the table the amend- ment of the member from Appomattox, to the report of the Committee on Organization, was agreed to, and under general parliamentary law the motion to lay the amendment on the table carried with it the main question. The President sustained the point made by the gentleman from Page, whereupon Mr. Parks moved that the main ques- tion and amendment be taken from the table, and that the amendment proposed by Mr. Flood on yesterday be rejected, which was agreed to. Mr. Glass then moved that the report of the Committee on Organization, as amended on yesterday, be adopted, which was agreed to. On motion of Mr. Robertson the roll-call was dispensed widi. The president announced the appointment of the following pikges: Digitized by Google 46 JOUBNAL OP THE CONSTITUTIONAL CONVENTION. From Tidewater, Emmett B. Faison, of Portsmouth; from Southside, Wm. Norfleet, of Amelia ; from Piedmont, Geo. C. Jordan, of Bedford ; from the Southwest, Olin Richardson, of Smyth; from the Valley, Gibson Roy Warthen, of Warren; from Richmond City, Jno. C. Goode and Wm. P. M. Merrill; recommended by the minority, Buren E. Walker, of Franklin. Mr. Marshall, from the Committee on Rules, submitted the following supplementary report, which was agreed to : To the Convention : The Committee on Rules submit the following supplemental report, and ask that the Convention adopt the same : The Convention shall assemble at twelve o'clock M., each day unless otherwise ordered, and when it adjourns it shall be to the succeeding day at twelve o'clock M., unless otherwise or- dered by a majority of the Convention present. Mr. McIlwaine proposed the following resolutions and asked their immediate consideration without reference to a committee, which was agreed to : Whereas, there seems to be much anxiety on the part of the people of Virginia, and some unrest in the minds of members of this Convention in regard to the place in which its sittings will be held, and in reference to the continuity of its sessions ; therefore, be it Resolved, First. It is the sense of the Convention that its sittings shall be held in the city of Richmond. Resolved, Second. It is the purpose of the Convention to hold continuous sessions until its work is completed, with such brief recesses as may from time to time appear to be necessary or desirable. — to which Mr. Hatton proposed the following amendment in the nature of a substitute : Resolved, That a committee of one delegate from each Con- gressional district be appointed by the President, and one to be appointed from the minority, to consider whether the Conven- tion shall change its place of session, and if a change be advisa- ble, to what place the change shall be made. Mr. Fairfax moved to lay the original resolutions and the amendment upon the table, which was rejected — Yeas, 46; nays, 50. On motion of Mr. Eggleston, the vote was recorded as fol- lows : Atbb— MeaerB. Barboar, M. H. Barnes, Thomas H. Barnes, Bolen, BcNildin, Brooke, Crismond, Barman, Epes, Fairfax, Fletcher, Gamett, Gilleepie, QUm, Green, Gwrn, Hancock, Hatton, Hooker, Honton, Inmm, Clanett B. Jones, 6. W. Jones, Eeezell. Kendall, lindsay, Lovell, Marshall, Miller, Moncare, Mnndy, Portlock, Qoarles, Rives. Robertson, Smith, Stebbins, Stnart, Sommers, Thorn, Thornton, Tamboll, Waddill, Walker, Weeoott, and Yancey— 46. Digitized by Google JOUBNAL OP THE CONSTITUTIONAL CONVENTION. 47 Nob.— Meflen. George E. Anderson, W. A. Anderson, Ayers, Barbam, Blair, Boai, Braxton, Bristow, Brown, Cameron, (/larence J. Oampbell, P. W. Oamp- bell. Garter, Chapman, Cobb, Daniel, Davis, Donaway, Eggleston, Flood, Gilmore, B. T. Gordon, James W. Gordon, R. L. Gordon, Gregory, Hamilton, Harrison, LawsQD, linooln, Mcllwaine, Meredith, R. Walton Moore, Thomas L. Moore, Newton, CFlaherfcy, Orr, Parks, Pedigo, Pettit, Phillips, Pollard. Richmond, Ttoy, Walter, Watson, Willis, Withers, Woodhoose, Wysor, Mr. President— 60. Mr. Campbell, of Amherst, then proposed the following sub- stitute for both the original resolutions and the amendment, which was rejected : Resolved, That it is the sense of this Convention that the question of taking a recess be deferred to some future time, and that this Convention will now proceed with its work ; and that the Convention will continue to hold its sessions at Rich- mond. The question recurring on the amendment proposed by Mr. Hatton it was rejected. Mr. Gbben suggested that as the resolutions proposed by the gentleman from Prince Edward contained two substantive propositions that the question had better be divided, and the vote taken upon. the second resolution first, and on his motion the division of the questions was agreed to. The question being put upon the adoption of the second reso- lution it was adopted. The question was then put upon the adoption of the first resolution and it was adopted. The President then put the question of the adoption of the resolutions as a whole, including the preamble, and they were adopted. Mr. Anderson, of Alleghany, proposed the following resolu- tion which was referred to the Committee on Public Institutions and Prisons : Resolved, That the Committee on Public Institutions and Prisons be requested to make arrangements to have the law library kept open each day, Sundays excepted, between the hours of nine A. M. and six P. M., during the sessions of the Convention. Mr. Harrison proposed the following resolutions, which were referred to the Committee on SuflFrage, when appointed : Resolved, First. That universal suffrage has been in the past safely and successfully entrusted to the white race. The honest white man, whether unlettered or without propeiiiy, ought not to be deprived of the right of suffrage, which he has used for the good of the State, and which it is essential for him to have to preserve the equilibrium of society, so that there may be no favored class or caste. Resolved, Second. That it is not race prejudice, but actual experience and observation in this and other Southern States, Digitized by Google 48 JOUBNAL OP THE CONSTITUTIONAL CONVENTION. which declares that universal negro suffrage has been attended with great evils to the body politic, and to both races. Where- ever the negro has obtained control of the government, or exer- cised a potential influence therein, intolerable misgovemment has been the result. Even where the negro vote has been no more than an inconsiderable factor, corruption and demoraliza- tion have been its invariable attendant, and education of the negro has done nothing to improve this condition. Resolved, Third. That the fifteenth amendment of the United States Constitution is wrong, in that it proceeds on the theory that the two races are equally competent of free government. This theory is contradicted, not only by the experience of the South, but by the history of the two races, since the dawn of history. This Convention, therefore, ought to inaugurate through the proper channels the proper steps to its repeal or amendment so that each State may control its sufl'rage as its best interests de- mand. Resolved, Fourth. That it is not the purpose of the State to deny the negro any civil right, nor to disfranchise any negro who has sufficient freehold estate to give him a permanent and substantial interest in the welfare of the State, nor, if any dis- crimination is made against him in the right of suffrage, to claim any representation in Congress, or the electoral college based upon negro population, but ipso facto y to surrender it until Congress shall declare what additional representation shall be given to the State to the extent that suffrage is given the negro. Mr. Thom offered the following resolution, which was re- ferred to the Committee on Suffrage, when appointed : Resolved, That the Committee on the Elective Franchise, when appointed, be, and hereby is, instructed to consider the advisability of, and, if approved, to prepare and report to this Convention for its action a memorial to the Congress and peo- ple of the United States in behalf of the repeal of the fifteenth amendment to the Constitution of the United States. On motion of Mr. Turnbull the Convention adjourned. Digitized by Google JOUBKAL 07 THl OOKSTITUTIONAL OONYBKTIOK. 49 FRIDAY, JUNE 21, 1901. The Convention assembled at 12 o'clock M. Prayer by the Rev. Dp. J. B. Hawthorne, of the Baptist church. The journal of yesterday's proceedings was read and ap- proved. The President announced the appointment of the following standing committees : Committee on Preamble and Bill of Rights, the Division of Governmental Powers, and on such portions of the Constitution as shall not be referred to other committees ; to be composed of eleven members, at least one of whom shall be chosen from each Congressional district of the State — Messrs. Green, Pettit, Carter, Barbour, Wescott, Eggleston, Hatton, Parks, Preston W. Campbell, Epes, Pedigo. Committee on the Elective Franchise, Qualification for Office, Basis of Representation and Apportionment, and on Elections ; to be composed of twenty-two members, at least two of whom shall be chosen from each Congressional district of the State — Messrs. Daniel, Chairman^ Wm. A. Anderson, Flood, Ingram, Hamilton, Wise, Wysor, Thom, R. Lindsay Gordon, Lindsay, Claggett B. Jones, Stuart, Green, Bouldin, Bolen, Watson, Smith, Kendall, Thos. H. Barnes, Harrison, Gillespie, Thos. L. Moore. Committee on the Executive Department, Ministerial Officers of the State Government, and Bureaus ; to be composed of eleven members, at least one of whom shall be chosen from each Congressional district of the State — Messrs. Cameron, Glass, Hancock, Fairfax, Marshall, Walker, Lovell, Flood, Hooker, Barham, Blair. Committee on the Legislative Department, except such matters as come within the jurisdiction of other standing com- mittees ; to be composed of eleven members, at least one of whom shall be chosen from e.ach Congressional district of the State — Messrs. R. Walton Moore, Robertson, Carter, Wescott, Tumbull, Harrison, Richmond, Hooker, Lawson, Quarles, Blair. Committee on Judiciary ; to be composed of fifteen members, at least one of whom shall be chosen from each Congressional district of the State — Messrs. Hunton, Meredith, Robertson, Withers, Cameron, Thom, Bennett ,T. Gordon, Eggleston, Smith, Parks, Ayers, Braxton, Walker, Summers, Thos. L. Moore. Committee on the Organization and Government of Counties ; Digitized by Google iO JOUBNAI« OF THB OONSTITUTIONAL OOHSTTSSTWXf. to be composed of fifteen members, at least one of whom slisill be chosen from each Congressional district of the State — Messrs. Thos. H. Barnes, Withers, Garnett, Keezel, Hancock, Thorn- ton, Tarry, Orr, Gilmore, Fletcher, Manly H. Barnes, Wood- house, Stebbins, Walker, Bristow. Committee on the Organization and Grovernment of Cities and Towns ; to be composed of eleven members, at least one of whom shall be chosen from each Congressional district of tlie State — Messrs. Brooke, James W. Gordon, Marshall, Rives , Crismond, Bolen, O'Flaherty, Barbour, George K. Anderson, Bouldin, Summers. Committee on Education and Public Instruction ; to be com- posed of fifteen members, at least one of whom shall be chosen from each Congressional district of the State — Messrs. Mcllwaine , Glass, Lawson, Brown, Watson, Thornton, Pollard, Duna^iray, Preston W. Campbell, Willis, Lovell, Gilmore, Qeo. W. Jones, Earman, Lincoln. Committee on Taxation and Finance ; to consist of fifteen members, at least one of whom shall be chosen from each Con- gressional district of the State — Messrs. Newton, Fairfax, Brown, Boaz, Hamilton, Stuart, Keezel, Fletcher, Stebbins, B. T. Gordon, Hatton, Meredith, Garnett, Davis, Mundy. Committee on Public Institutions and Prisons ; to be com- posed of eleven members, at least one of whom shall be chosen from each Congressional district of the State — Messrs. Ayers, Eggleiston, Waddill, Portlock, Clarence J. Campbell, Yancey, Hardy, Moncure, Gwyn, Cobb, Lincoln. Committee on Corporations ; to be composed of eleven mem- bers, at least one of whom shall be chosen from each Congress- ional district of the State — Messrs. Braxton, Brooke, Wysor, Ingram, Stebbins, Kendall, Yancey, Mcllwaine, Hunton, Geo. W. Jones, Blair. Committee on Final Revision and Adjustment of the Various Provisions of the Constitution that may be agreed upon and upon the Schedule ; to be composed of eleven members, at least one of whom shall be chosen from each Congressional district of the State — Messrs. William A. Anderson, Daniel, Cowden, R. Walton Moore, Gregory, Boaz, Green, Claggett B. Jones, Wysor, Brooke, Davis. Committee on Rules ; to be composed of eleven members , at least one of whom shall be chosen from each Congressional district of the State — Messrs. Claggett B. Jones, Wise, Pettit, Richmond, Bouldin, Moncure, Epes, Portlock, OTlaherty, Gwyn, Lincoln. Committee on Privileges and Elections ; to be composed of Digitized by Google SfOXmXkL OF THE CONSTITUTIONAL OONVENTION. 51 eleyen members^ at least one of whom shall be chosen from each Congressional district of the State— Messrs. Harrison, Turnbull, George K. Anderson, Pollard, Dunaway, Willis, Qaarles, Pedigo, Thomas L. Moore, Gillespie, Walter. Committee on Accounts and Expenditures of the Convention ; to be composed of eleven members, at least one of whom shall be chosen from each Congressional district of the State — Messrs. Walker, Chapman, Waddill, Glass, Barbour, Orr, Hubard, Woodhonse, Vincent, Miller, Phillips. Committee on the Journal and on Enrollment of the Ordin- ances and Resolutions of the Convention ; to be composed of eleven members, at least two of whom shall be chosen from each Congressional district of the State — Messrs. Lindsay, Mar- shall, Manly H. Barnes, Rives, Thornton, Brown, Hubard, Barham, Cobb, Miller, Bristow. The Pbesident then announced the appointment of the fol- lowing Assistant Secretaries and Committee Clerks : First Assistant Secretary. — Geo. Lindsay, of Norfolk county. Second Assistant Secretary. — J. N. Brenaman, of Shenandoah. Committee Clerks. — Messrs. F. 0. HoflFman, of Franklin ; Frank Lyons, of Fairfax; B. L. Hawkins, of Albemarle; J. W. Burger, of Rockbridge ; J. W. Williams, of Giles ; H. C. Riley, of Richmond city. Mr. Gbrsn proposed the following resolution, which was adopted : Resolved, That the addresses of the Hon. R. Walton Moore and Hon. Jno. W. Daniel in nominating and seconding the nomination of the Hon. Jno. Goode, for the Presidency of this Convention, be printed in the journal of the Convention. Mr. Summers moved to take from the table the resolution in reference to taking the oath of ofl&ce, which was rejected. Mr. Kebzel oflFered the following resolution and asked for its immediate consideration, which was agreed to. Resolved, That Wm. Wilson, of the county of Henrico, be, and is, hereby appointed as postmaster and document clerk for the Convention, and that his compensation shall be fixed at two dollars per day for such time as other employees are paid. On his motion the resolution was adopted. Mr. Flood, offered the following ordinance which was re- ferred to the Committee on suffrage. Be it ordained. That all white persons entitled to vote, and no others, shall be eligible to any oflBce under the Con- stitution and laws of Virginia, except as restricted in the Constitution. Digitized by Google 68 JOURNAL OF THE 00N8TITUTI0NAL OONYBKTION. Mr. KsszEL, oflFered the following resolution which was re ferred to the Committee on County Organization. Whereas under our present system of county organiza- tion, the peace and tranquility of the people of Virginia are disturbed by unnecessary and too frequently recurring elections, and Whereas much money might be saved to the tax payers of Virginia, and much unnecessary worry to the electors by the adoption of a plan providing for fewer elec- tions; therefore. Resolved, That the Committee on Organization and Government of Counties, be instructed to take up and con- sider the propriety of arranging the terms of office, and the time of election of all county and district officers, so as to provide the fewest number of elections that may be held consistent with the public welfare, and to report such ordi- nance or ordinances as in the judgment of the committee will best accomplish this result. Mr. Parks proposed the following resolution which was re- ferred to the Committee on Judiciary. Resolved, That in considering the matter of decrease in expiBnditures a wide field is open in the revision of our pres- ent jury system, wherein by proper regulation for trial by jury (which should be jealously guarded) many thousands of dollars can be saved which are now expended with no corresponding benefits without impairment of that right, and with safety to the proper adjudication of all litigative questions. Resolved, That the proper committee be requested to carefully look into this subject and report for adoption a provision that will correct the present abuse of that right and secure a less expensive mode of jury trial in the inter- ests, both of litigants and tax-payers. Mr. QuARLBS proposed the following resolution which was referred to the Committee on Corporations. Resolved, That the Committee on Corporations be in- structed to consider the propriety of adopting and reporting the following as a part of the Constitution : The State shall be divided into three districts as nearly equal in population as practicable, in each of which one railroad commissioner shall be elected by the qualified elec- tors thereof, at the regular gubernatorial elections, whose salary shall be fixed by law, and whose term of office shall be four years, commencing on the first Monday after the first day of January next succeeding their election. Said commissioners shall be qualified electors of this State, and pf the district from which they are elected, and shall not.be Digitized by Google JOUBNAL OP THB CONSTITUTIONAL OONVBNTION. 53 interested in any railway corporation, or other transporta- tion company, as stockholder, creditor, agent, attorney, or employee ; and the act of a majority of said commissioners shall be deemed the act of said commission. Said commis- sioners shall have the power,* and it shall be their duty, to establish rates of charges for the transportation of passen- gers and freight by raUroad or other transportation compa- nies, and publish the same from time to time, with such changes as thay may make ; to examine the books, records, and papers of all railroad and other transportation compa- nies, and for this purpose they shall have power to issue sub- poenas and all other necessary process ; to hear and deter- mine complaints against railroad and other transportation companies, to send for persons and papers, to administer oaths, take testimony and punish for contempt of their orders and processes, in the same manner and to the same extent as courts of record, and enforce their decisions and correct abuses through the medium of the courts. Said com- missioners shall establish a uniform system of accounts to be kept by all such corporations and companies. Any railroad corporation or transportation company which shall fail or re- fuse to conform to such rates as shall be established by such commissioners, or shall charge rates in excess thereof, or shall fail to keep their accounts in accordance with the sys- tem ptescribed by the commission, shall be fined not exced- ing twenty thousand dollars for each offense ; and every offi- cer, agent, or employee of any such corporation or company, who shall demand and receive rates in excess thereof, or who shall in any manner violate the provisions of this sec- tion, shall be fined not exceeding five thousand dollars, or be imprisoned in the county jail not exceeding one year. In all controversies, civil and criminal, the rate of fares and freights established by said commission shall be conclusively just and reasonable, and in any action against such corpora- tion or company for damages sustained by charging exces- sive rates, the plaintiff, in addition to the actual damage, may, in the discretion of the judge or jury, recover exem- plary damages. Said commission shall report to the Gov- ernor annually their proceedings, and such other facts as may be deemed important. Nothing in this section shall prevent individuals from maintaining actions against such companies. The legislature may, in addition to any penalties herein prescribed, enforce this article by forfeiture of charter or otherwise, and may con- fer such further powers on the commissioners as shall be necessary to enable them to perform the duties en- joined on them in this and the foregoing section. The Digitized by Google 54 jroUBNAL OF THE CONSTITUTIOKAL OONYBNTIOIf . legislature shall haye power, by a two-thirds vote of all tiie members elected to each house, to remove any one or more of said commissioners from office, for dereliction of duty, or corruption, or incompetency ; and whenever, from any cause, a vacancy in office shall occur in said commission, the Governor shall fill the same by the appointment of a qualified person thereto, who shall hold office for the residue of the unexpired term, and until his successor shall have been elected and qualified. Mr. QuARLES proposed the following resolution which was referred to the Committee on Judiciary. Resolved, That the Committee on the Judiciary be in- structed to consider the propriety of electing all of the judges by popular vote ; and that in the organization of the Supreme Court of Appeals, said committee shall consider the propriety of dividing the State into districts and of elect- ing one member of said court in each district by the quali- fied voters thereof. Mr. QuARLBS proposed the following resolution which was referred to the Committee on Privileges and Elections. Resolved, That the Committee on Elective Franchise and Elections be instructed to consider the propriety of incor- porating a provision in the Constitution requiring the legis- lature to enact a primary election law, by which candidates for all State, county, city, and district offices to be filled by a vote of the people, and for the House of Representatives of the United States and United States Senate, shall be nominated. Mr. Stebbins proposed the following resolution which was referred to the Committee on the Legislative Department. Resolved, That ''no member of the General Assembly, during the term for which he shall have been elected, shall be appointed or elected by the Governor, or by the Gteneral Assembly, or by either branch thereof, to any civil office of profit under the Commonwealth, except offices filled by election by the people." Mr. Stebbins proposed the following resolution which was referred to the Committee on the Executive Department, etc. Resolved, That the Committee on Executive Department shall consider the advisability of engrafting in the Constitu- tion the following : ** If any bill presented to the Governor contain several items of appropriation of money, he may object to one or more of such items, while approving of the other portion of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he Digitized by Google JOUBNAL 0¥ THB OONBTITXTTIONAL GOITTXNTION. 6S objects; and the appropriation so objected to shall not take effect. He shall transmit to the house in which the bill origi- nated, a copy of such statement, and the items objected to shall be separately considered. If, on reconsideration, one or more of such items be approved by two-thiiils of the members elected to each house, the same shall be part of the law, notwithstanding the objection of the Grovernor/' , Mr. Stkbbiks proposed the following resolution which was referred to the Committee on the Elective Franchise, etc. Whereas the purety and sanctity of the ballot are an essen- tial element of free constitutional government, and corrup- tion of the sources of government tend to the corruption of the whole body politic, to the debauching of the public con- science, the lowering of the standard of private as well as public honesty, and create in the minds of the young false ideas of political honor ; therefore, be it Resolved, That the Committee on Elective Franchise, etc., consider what constitutional provisions are necessary to prevent bribery of voters, the use of money in elections, and to promote honesty in the conduct of elections, so that the elector can cast his vote with the guarantee it will be counted and delivered as voted. Mr. Lindsay offered the following resolution and asked its immediate consideration, which was agreed to and upon con- sideration of the resolution it was adopted. Resolved, That the Secretary of the Convention be instructed to obtain from the auditors of the various Southern States, itemized statements of the cost of the departments of State Groverninent, together with amount of salary paid to the heads of those respective departments. Mr. Egglsston proposed the following resolution, which was referred to the Committee on Judiciary : Resolved, That the Judiciary Committee be, and they are, hereby instructed to formulate and report to the Con- vention an ordinance or ordinances providing — Ist. For the abolition of the county courts. 2nd. For the abolition of the circuit courts of the cities, and the transfer to one of the courts of the city of Rich- mond of the jurisdiction of the circuit court of said city in matter in which the State's interest is involved, and in the trial of convicts in the penitentiary. 3rd. For the establishment of circuit courts with a com- bined civil and criminal jurisdiction to hold at least four terms of court annually in each county. 4th. For the arrangement of the several coimties of the Digitized by Google 16 JOUBKAL OF THB 00K8TITUTI0KAL OONYBKnOK. State into not less than twenty nor more than twenty-five circuits. 5th. For the consolidation of the offices of county and circuit clerks, and investing said clerks with jurisdiction in matters of the probate of wills, appointment of fiduci- aries, settlement of ex parte accounts of fiduciaries, and such other jurisdiction as may be rendered necessary by the aboli- tion of the county courts. Mr. Eqgleston proposed the following resolution, which was referred to the Committee on Corporations : Resolved, First. That the legislature shall prescribe the power and duties and privileges of, and restrictions upon, each class of corporations ; shall provide for the formation of joint stock companies, and for the proper regulation and control thereof. Second. The legislature shall not grant to any corpora- tion any rights or privileges not granted to all corporations of a similar class by the general law. Mr. Wjlddill proposed the following resolution, which was referred to the Committee on Judiciary. Resolved, First. That the counties of the State shall be divided into judicial districts as follows : (here insert.) Second. The General Assembly may re-arrange said dis- tricts or any of them, and increase or diminish the number hereof when the public interest shall require it. Third. For each district there shall be a judge who shall hold his office for a term of years, and shall reside in the district of which he is judge. Fourth. A district court shall be held times a year by the judge of each district in every county thereof; but the judges may be required or authorized to hold the courts of their respective districts alternately, and the judge of one district to hold court in any other district. Fifth. The jurisdiction of said courts shall be the same as that of existing county and circuit courts, except so far as the same may be modified by this Constitution or may be changed by law. Sixth. The terms of the said court shall be designated for the trial of civil causes, and terms for the trial of criminal causes. Seventh. Matters in equity, and of probate, the appoint- ment and qualification of personal representatives, guar- dians, curators, and committees, may be heard at any term, and provision may be made under such regulations as may be prescribed by law for the probate of wills, the appoint- ment and qualification of personal representatives, guar- Digitized by Google JOUBNAL OP THE CONSTITUTIONAL OONTBNTION. 67 dians, committees, and curators during the recess of the sessions of the court. Mr. Brown proposed the following resolution, which was re- ferred to the Committee on Taxation and Finance : Resolved, That the Committee on Taxation and Finance shall consider and provide for a board of equilization, in order to establish and maintain an uniform system of as- sessment of real and personal property for purposes of tax- ation. Mr. Lincoln proposed the following resolution, which was referred to the Committee on Public Institutions and Prisons : Resolved, That the Committee on Public Institutions and Prisons be requested to consider the propriety of the ap- pointment of a State Board of Charities to have charge of the various institutions of the State, instead of having sepa- rate boards of directors for each institution as at present. Mr. Glass, from the Committee on Reporting, made the fol- lowing report, which was adopted : To the Constitutional Convention of Virginia : Your Committee on Reporting beg leave to state that they are prepared to submit the following report upon the question of the stenographic work and publishing of the proceedings of the Convention. They have carefully investigated these ques- tions and have considered the various propositions and sugges- tions that have been made to them. Mr. T. F. Shuey, of Augusta County, Va., Chief of Steno- graphic Reporters for the United States Senate has submitted to your committee the following proposition : That he will do all the stenographic work necessary for the reporting of the said proceedings at the rate of $1,870.00 per month, furnishing one original, and one copy of said reports. In his offer he agrees that he will make no charge for compensation when the Convention adjourns for one week or longer. He is to furnish all stationery necessary, and his copies are to be furnished in time to have the proceedings published in one of the daily papers an the succeeding morning. The Richmond Dispatch makes an ofifer to publish in its issue each morning, the stenographic reports of the proceedings of the Convention of the preceding day, and to furnish to the Convention each morning 200 copies of its issue containing said publication. This is to be done free of all cost in considera- tion of being furni?hed a copy of the stenographic report ; pro- vided, that such copy shall not be furnished to any other news- paper. It also offers to have said publication copyrighted and to assign to the State all interest in such copyright. Your Committee beg leave to state that, taking into consid- 8 Digitized by Google 68 JOUBNAL OP THE CONSTITUTIONAL OONYBNTION. oration both the question of economy and the question of guar- antee of the perfection of the work, that they earnestly recom- mend the acceptance of the propositions above mentioned, and suggest the adoption of the following resolutions : Resolved, First, That the offer of the said T. F. Shuey be accepted. Second, That the offer of the Richmond Dispatch be ac- cepted. Third, That the original copy made by the stenographer be preserved in the office of Secretary of the Commonwealth. Fourth, That the Committee be authorized to make contract with the said T. F. Shuey and the Richmond Dispatch to carry out their respective offers. Fifth, That the said T. F. Shuey be made an officer of the convention to be known as the OflScial Reporter. Sixth, That the proceedings of the Convention be edited and published from the original copy in permanent bopk form, as may hereafter be determined by the Convention. CARTER GLASS, C. V. MEREDITH, J. H. LINDSAY, BEVERLY A. HANCOCK, GEO. K. ANDERSON, J. M. WILLIS, HENRY FAIRFAX. Mr. Glass moved to reconsider the vote by which the report was adopted, which was rejected. On motion of Mr. Egglbston, the Convention adjourned. SATURDAY, JUNE 22, 1901. The Convention assembled at 12 o'clock M. Prayer by the Rev. Dr. E. C. Gordon of the Presbyterian church. The journal of yesterday was read and approved. Mr. Keezel offered the following resolution, No. 18, which was referred to the Committee on Taxation and Finance. Whereas from the reports of Commissioners of the Revenue to the Auditor of Public Accounts, it is apparent that much of the invisible wealth of the people of Virginia does not bear its fair share of the burdens of government, and, Digitized by Google JOUBNAL OP THE OONSTITUTIOKAL CONVENTION. 69 Whereas it is just and proper that all species of wealth should share alike these burdens, and, Whereas under present conditions the lands and visible property of the Commonwealth bear an unjust and onerous proportion of these burdens; therefore, 1. Be it resolved, That the Committee on Taxation and Finance be instructed to enquire into this subject and re- port such ordinance or ordinances as will provide a better, more just, and certain system of reaching this class of prop- erty, and of subjecting it to its proper share of the burdens of taxation. Mr. PoLLABD offered the following resolution, No. 19, which was referred to the Committee on Privileges and Elections. Be it ordained by the people of Virginia, in Convention assembled, That the Greneral Assembly shall by general laws declare what uses may be lawfully made of money or other valuable things by, or on behalf of, any person, to promote his nomination as a candidate for public office, and by or on behalf of a candidate to promote his election, and the Gen- eral Assembly shall limit the amount of money or other valuable things which may be thus used. The use or the promise of money or other valuable things to promote the nomination for, or election to, public office of any person otherwise than is expressly authorized by law, is prohibited, and the person by whom or for whose benefit, with his con- sent, connivance or procurement the same is so used or promised, shall forfeit the office to which he may have been thus elected. No corporation shall directly or indirectly use any of its money or property for, or in aid of, any political party or organization, or for, or in aid of, any candidate for political office, or for nomination for such office, or in any manner use any of its money or property for any political purpose whatever, or for the reimbursement or indemnification of any person for moneys or property so used. Every domestic corporation which violates this section shall forfeit its char- ter, and every foreign corporation which violates this sec- tion shall forfeit the right to do business in this State. In all civil actions to determine the forfeiture provided in this and the last preceding sections, and in all criminal prosecutions for violations of laws made to enforce this and the last preceding sections, no person shall be excused from testifying as a witness on the ground that his testimony may tend to criminate himself, but his testimony shall not be used in any criminal proceeding against him, except a prose- cution for perjury committed in giving such testimony. Digitized by Google 60 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Mr. BoAz offered the following resolution, No. 20, which was referred to the Committee on Finance and Taxation. Whereas under the present method of assessing personal property, it is a well known fact, that the greater portion of invisible property, such as money, stocks, bonds, etc., now evades assessment and escapes payment of its just share of taxes. Resolved, That the Committee on Finance and Taxation be instructed to carefully consider this matter with a view to proposing a better and more efficient method of assess- ment of personalty, either by proposing a new method, or if it be deemed best, to retain the present system to propose that the commissioners of the revenue be ineligible for re-election, or else that these officers shall be appointed in some proper manner, and not elected by the people. Mr. BoAZ offered the following resolution. No. 21, which was referred to the Committee on Finance and Taxation. Resolved, That the Committee on Finance and Taxation be instructed to enquire into the expediency of proposing that county treasurers shall not be eligible for re-election to their offices for the term next ensuing that to which they have been elected, of making it obligatory upon said officers to give as sureties upon their official bonds some guarantee company. And also to propose some method whereby a proper auditing of the accounts of said treasurers may be had as respects the county and schools' moneys, and to suggest more stringent safeguards for the said funds. Mr. Meredith offered the following resolution, No. 22, which was referred to the Committee on Elective Franchise, &c. Resolved, Every male citizen of the United States, twen- ty-one years old, who shall have been a resident of the State twelve months, and of the county, city or town in which he shall offer to vote three months, and not otherwise disqual- ified, shall be entitled to vote in any election held under the laws of this State, or of the United States ; provided, that the following persons shall be excluded from voting : First. Idiots and lunatics. Second. Paupers, who, within six months before offer- ing to vote, were the inmates of any poorhouse ; and per- sons who, within such time, were the inmates of any char- itable institution for the care or maintenance of the poor. Third. Persons convicted of embezzlement of public funds, treason, felony, petit larceny, or bribery, either giv- ing or receiving a bribe, in any election, or of violating any provision of this Constitution as to elections, or any em- ployer or agent of any employer, or any public officer or agent, convicted of threatening to discharge, or discharging, Digitized by Google JOURNAL OF THE CONSTITUTIONAL OONTBNTION. 61 any employee for any vote cast or to be cast, or for attempt- ing to prevent any employee from getting employment for so voting. Fourth. No person who, while a citizen of this State, has since the adoption of this Constitution fought a duel with a deadly weapon, sent or accepted a challenge to fight a duel with a deadly weapon, either within or beyond the boundaries of this State, or knowingly conveyed a challenge, or aided or assisted in any manner in fighting a duel, shall be allowed to vote or hold any office of honor, profit or trust under this Constitution. No officer, soldier, seaman or marine of the United States army or navy shall be considered a resident of this State by reason of being stationed therein. Nor shall any inmate of a soldiers' home, or other institution of a similar character, be entitled to a residence, except in .the county or city in which he last had a legal residence before he became such inmate. No person shall be entitled to vote at any election, unless he shall be able to read any section of the Constitution of this State, or unless he shall have honorably served in the army or navy of the Confederate States at some time from April 17th, 1861, to May 1st, 1865, or unless he shall have served in the army or navy of the United States in time of war, and been honorably discharged from such service. Nor shall any person be entitled to vote unless he shall have paid, on or before the 1st day of February of the year in which he shall offer to vote, all State poll-taxes charged or assessed against him by this Constitution, or after it shall go into effect. A State poll-tax of three dollars for the year ending the 1st day of December, 1902, is hereby assessed against every male over twenty-one years of age, residing in this State ; and the same amount shall be annually assessed against every male resident then over twenty-one years of age. Two-thirds of every such poll-tax shall be used for the pub- lic schools of the State. The remaining third shall be used for the maintenance or assistance of needy Confederate soldiers, in such manner as the Legislature may prescribe ; provided, however, that the said remaining third shall not be paid into the State Treasury, but shall be paid to the credit of the local authorities, to be designated by law, of the county or city in which they are collected, and to be used as may be authorized by law ; and further, that if at the end of any year there shall remain to the credit of any such local authorities any surplus of such collections after paying the expenses incurred or obligations assumed for Digitized by Google 62 JOURNAL OF THB OOKSTITUTIONAL OOmrSNTIOK. that year, then such surplus shall be turned by such local authorities into the State Treasury, to be put to the credit of such county or city and invested, and interest thereon used as provided for other funds, similarly held and invested. The Legislature shall make no other appropriation for the maintenance or benefit of the Confederate soldiers, except to the Soldiers' Home in Henrico county. Any male twenty-one years of age, not assessed for such poll-tax, shall have the right to have himself so assessed before the 1st day of February of each year. The Legisla- ture shall require that the officer in any city, county or town, collecting such taxes, shall give proper information to the proper election officers, before the election had next after the first day of February of each year, of those -who have paid such poll-taxes. Any person oflFering to register as a voter shall produce satisfactory proof to the proper election officer that he has paid all such taxes. The Legislature shall have the power, within the next five years, to qualify as voters the sons of any person -who shall have served in the army or navy of the Confederate States or of the United States from 1861 to 1865, as above stated, upon the terms and requirements upon which their fathers are herein qualified to vote. If the Legislature shall so qualify such sons to vote it shall have no power after- wards to withdraw such qualification. All elections and all party primaries shall be by viva voce vote, and such persons as are entitled to vote shall be eligible to any office within the gift of the people, except as restricted in this Constitution. All elections of State, county and municipal officers shall be had on the first Tuesday in November of years fixed for their elections. Party nominations shall be by pri- maries, to be held in each of the counties and cities on the same day, and under terms and requirements to be fixed by the Legislature ; such date to be not less than sixty days before the elections. The expenses of such primaries to be borne by the several counties and cities, respectively. Any person who shall be convicted of having given or received a bribe for the casting of any vote in any election shall be punishable by confinement in jail, or in the peni- tentiary, in the discretion of the jury not exceeding 12 months. Any person who shall have offered said bribe, if he shall voluntarily inform the proper prosecuting officer, before the receiver of such bribe shall so inform said officer and before the institution of any prosecution, of his knowl- edge of the reception of such bribe, and shall truthfully t;e9tify thereto in such prosecution, when instituted, shall Digitized by Google JOUBKAL OF THE CONSTITUTIONAL OONVBNTION. 68 not be punishable for his participation therein. Any per- son who shall have received said bribe, if he shall volun- tarily inform the proper prosecuting oflScer before the giver of such bribe shall so inform such oflScer and before the in- stitution of any prosecution, of his knowledge of the recep- tion of such bribe, and shall truthfully testify thereto in such prosecution, when instituted, shall not be punishable for his participation therein. Mr. Mbbbdith offered the following resolution, No. 23, which was referred to the Committee on Judiciary. Resolved, The judicial power of the State shall be vested in a Supreme Court, in circuit courts, justices of the peace, police justices for cities, and such other courts as the Gen- eral Assembly may establish. The Supreme Court shall consist of five judges, a major- ity of whom shall form a quorum. The present judges of said court shall continue in office until the terms for which they were elected shall expire. They shall receive the same salaries^ or compensation, which they now receive. In the case of a vacancy occurring during said terms, it shall be filled by the Governor, until the Legislature shall meet, at which time the vacancy for such unexpired term shall be filled by election by the two branches of the Legislature. Those elected for a new term under this Constitution shall hold office for a term of fifteen years ; except that of those elected at the first election two shall hold office for only eight years. Which of the five judges shall hold for the full term, and which for eight years, shall be determined by lot between them as soon after their qualification as pos- sible. The judges so drawing the short terms shall be eligible for re-election for the succeeding term. Any judge of such court may be removed by impeachment by the Leg- islature for malfeasance or misfeasance in office, or by a vote of both branches of the Legislature for mental or phy- sical inability to perform their duties. Each of the judges of such court elected under this Constitution shall receive a salary of four thousand dollars per annum, except that the one which shall be selected by them to reside in Rich- mond, if any one shall be so selected, shall receive forty - five hundred dollars per annum. No one shall be eligible to be a judge of such court un- less he shall be a practicing lawyer of ten years' standing, and forty years of age at the time fixed for his qualifica- tion ; nor shall any judge of such court be eligible for re- election, except as above provided. The State shall be divided by the Legislature in the next four years into five districts ; and one of the judges of said Digitized by Google 64 JOURNAL OP THE CONSTITUTIONAL CONVENTION. Supreme Court shall be elected from each district, and re- side therein ; but each of said judges shall be elected by the electors of the State at large ; and at any election the candidate in any of said five districts receiving the largest number of votes in the State shall be declared elected. In the case of a tie vote between any two candidates in any such district receiving the two largest number of votes, there shall be an election of one of them by the two branches of the Legislature. Any vacancy occurring in said court elected under this Constitution shall be filled by ap- pointment by the Governor until the next general election, at which a judge shall be elected to fill said vacancy for the unexpired term from the district in which the same occurred. It shall have appellate jurisdiction only, except in cases of habeas corpus, mandamus and prohibition. It shall nol have jurisdiction in civil cases where the matter in contro- versy, exclusive of costs, is less in value or amount than two hundred dollars, except in controversies concerning the title or boundaries of land, the probate of a will, the appointment or qualification of a personal representative, guardian, committee or curator; or concerning a mill, roadway, ferry or landing; or the right of a corporation or of a county to levy tolls or taxes, and except in cases of habeas corpus, mandamus and prohibition, or the consti- tutionality of a law : provided, that the assent of a ma- jority of the judges elected to the court shall be required in order to declare any law null and void by reason of its repugnance to the Federal Constitution, or to the Constitu- tion of this State. Special courts of appeal, to consist of not less than three nor more than five judges, may be formed of the judges of the Supreme Court of Appeals and of the circuit courts, or any of them, to try any cases on the docket of said court, in respect to which a majority of the judges thereof may be so situated as to make it improper for them to sit on the hearing of the same ; and also to try any cases on the said docket which cannot be otherwise disposed of with convenient dispatch. When a judgment or decree is reversed or affirmed by the Supreme Court of Appeals the reasons therefor shall be stated in writing and preserved with the records of the case. The Supreme Court of Appeals shall hold its sessions at two or more places in the State, to be fixed by law. At every election of a Governor an attorney-general shall be elected by the qualified voters of this Commonwealth. He shall be commissioned by the Governor, perform such Digitized by Google J0UBKAL OF THB 00K8TiTUTlOKAIi OOHTXNTIOir. 6& duties and receive such compensation as may be prescribed by law, and shall be removable in the manner prescribed for the removal of judges. CIRCUIT COURTS. The circuit courts shall each consist of one judge, and shall have such civil, or civil and criminal, jurisdiction as may be prescribed by law. There shall be annually not less than four terms of such courts in each county and city, to be fixed by law. The State shall, from time to time, be divided into judi- cial circuits, and a judge for each circuit shall be elected by the voters thereof. He shall reside within the circuit. His term of office shall be eight years. No one shall be eligible to such office unless he shall have practiced law in this State for five years preceding his election, and be thirty years of age at the time fixed for his qualification ; nor shall he be eligible for more than two successive terms. Whenever deemed necessary by the Legislature, it may allow the cities of the Commonwealth to have one or more circuit judges, to be designated by such titles as the Legis- lature may designate. The salaries of the circuit judges shall not be less than $2,000; provided, that a judge of a circuit court of a city alone of over 25,000 inhabitants the salary shall not be less $2,500 ; a judge of a circuit court of a city alone of over 50,000 inhabitants it shall not be less than $3,000, and in cities of over 100,000 inhabitants it shall not be less than $3,500. The salary of a judge of a circuit court of a city alone may be supplemented by an additional amount not to exceed $1,000 by a vote of the city council of such city, whenever such city council shall so agree to contribute such additional salary, unless such agreement be obtained by such judge by improper means. The Legislature may, if it shall see fit, allow a reasonable sum for traveling ex- penses. There shall be a clerk in each county for the circuit court thereof, and a clerk for each circuit court in a city. He shall be appointed by the judge of such court. He must have resided in said county or city at least twelve months before the time of his appointment, and continue to reside therein during his term of office. He shall hold his office dur- ing the term of the judge so appointing him, unless sooner re- moved by said judge for malfeasance or misfeasance in office, or because of physical or mental inability to perform the duties thereof. His salary shall be fixed by the Legisla- ture, and all fees charged by law for his services shall be collected for the State, as directed by law. 9 Digitized by Google 66 JOURNAL OF THE CONSTirUTIONAL OONYBNTIOK. Each of such clerks, except those of the courts of a city, where the jurisdiction of the judge thereof is limited to such city, shall have the following powers, in addition to the duties which may be imposed upon him by law : To admit to probate wills, and grant qualification to all per- sonal representatives and guardians : provided, that there be no contest over said will or the appointment of such fidu- ciary or guardian; in which event such proceeding shall be referred to the circuit judge of that county for hearing and decision in term or vacation, as he may determine. The method of procedure in such proceedings by such clerks shall be prescribed by the Legislature. JUSTICES OP THE PEACE. The magisterial districts shall remain as now formed in each county, and no additional districts shall be made therefrom, unless such new districts shall contain thirty square miles ; each magisterial district shall be known as magisterial district of county. There shall be appointed by the circuit judge of each county three justices of the peace from each magisterial district thereof, who shall hold their offices for the term of two years. Justices of the peace shall have jurisdiction as to any claim to specific property, or to any debt, fine or other money claim, or to damages for the breach of any contract, or for any injury done to person, or to property, real or personal, which would be recoverable by action at law or suit in equity, or any other cause of action hereafter au- thorized by the Legislature, if the amount of such claim does not exceed two hundred dollars ; but in every case where the amount or thing in controversy exceeds the sum or value of twenty dollars, or in any other proceeding here- after specified by the Legislature, a right of appeal shall lie for the party to said controversy to the circuit court of the county, if taken within ten days after such judg- ment, and upon giving bond with security for the amount of said judgment and costs. In every case where the judg- ment is not immediately settled before such justice , he shall at onse forward to the clerk of the circuit court of the county a written statement of his judgment, which shall be recorded by said clerk in a book for judgments of jus- tices. Unless said clerk shall be notified within ten days of the intention of the party against whom the judgment was given to take an appeal, and shall be offered a bond, as above stated, he shall issue execution or other proper writ upon said judgment, if not otherwise settled. If such Digitized by Google JOURNAL OP THE CONSTITUTIONAL OONVBNTION. 67 appeal shall be taken and such bond given, then the said proceeding shall be stayed, and shall be forwarded to the circuit court of the county and docketed for the next term of said court, and notice of such appeal shall be imme- diately forwarded to the party in whose favor said judg- ment was rendered, or to his counsel. The Legislature shall pass all laws necessary to carry out the powers herein given to such justices, or such other powers as the Legislature may give to them, not inconsistent with the above stated powers. The Legislature may give to police justices in cities sim- ilar jurisdiction, and such other powers as it may give to justices of the peace, and such powers as to city ordinances as it may deem proper. Their mode of procedure shall be de- termined by law. The judge of the circuit court in each county shall select and designate from the justices of such counties three of such justices, who shall be known as the board of county accounts. They shall be selected from different magis- terial districts. The said board shall meet monthly at the county court house upon a day to be fixed by law, and in the performance of all of its duties shall hold open sessions. The members of said board shall not be removed during their terms of office as justices, except upon presentment and conviction before the circuit court of the county. No monthly session shall last more than five days, unless the Legislature shall give said board criminal jurisdiction ; which it may give as to felonies, as to which the accused is willing to plead guilty ; and also as to appeals from the judgment of a justice in a misdemeanor case, in which the accused shall, at the time of his appeal, elect to be tried by said board ; but in none of such proceedings shall there be any jury trial. The board shall have, during each year, one extra session, at which shall be presented to them the assessment of taxes made by the board of supervisors. They shall examine such assessments, and if they believe that any one or more persons have not been properly taxed, they shall summon such person to appear before them at their next monthly meeting to be heard upon that ques- tion. They shall in each case make such decision as shall be right and just. An appeal shall lie from their decision to the circuit court of the county, if taken within ten days of the rendition of such decision. In any year in which there shall be a re-assessment of lands in a county the said board may also have another special session, not to last over five days, at which shall be presented such re-assessment of lands by the officer or officers authorized to make the same. They shall ex- Digitized by Google 68 JOUBKAL OF THB OONSTITUTIONAL OOKTBNTIOH. amine such re-assessmento, and if they believe that aaj one or more parcels of land haye not been properly assessed, they shall summon the owner thereof, the fiduciary, trustee, or agent in charge thereof, to appear before them at thar next monthly meeting to be heard upon such assessments. They shall in each case make such decision as shall be right and just. An appeal shall lie from their decision to the circuit court of the county, if taken within ten days of the rendition of such decision. At each monthly session of said board of accounts die board of supervisors shall exhibit for examination their records and accounts, and all contracts made, and a state- ment of money expended during the preceding month. At such meeting the county school board shall exhibit tor examination their records and accounts, and all contracts made, and a statement of money expended during the pre- ceding month. At such meeting every county officer au- thorized to collect State or local taxes, or fines, fees or other funds, shall exhibit all uncollected tax or fee bills, or executions for fines in his hands, and a statement of all moneys collected, and how disposed of. In all such mat- ters so exhibited to it the board may call for such proof and papers as it shall see fit, and shall be authorized to re- quire the attendance of any person as a witness. If upon examination it shall be satisfied that either of such boards, or any member thereof, or any such collecting officer, shall have been guilty of any malfeasance or misfeasance in office, or any neglect of official duty, it shall report sucb act or failure to the judge of the circuit court of the county and to the Commonwealth's attorney of the county, who shall take such steps as shall be proper before said court for the removal of the persons so guilty, or for the imposi- tion of such fine, penalty or punishment, or both, as may be imposed by law. If such person shall be so found guilty of such malfeasance or misfeasance, or neglect, the judge of said court may remove such person from office, if he shall so deem proper. The Legislature may, if it shall see fit, provide for an appeal to the Supreme Court from such order of removal, and the terms thereof. Each of the members of said board of county accounts shall be paid by the county in which they serve two dollars a day for each day's service during such monthly and special sessions. The clerk of the circuit court of said county shall be the clerk of said board without extra compensation. Every justice of the peace shall have jurisdiction to bail jn any misdemeanor case, as authorijBed by law. In every Digitized by Google JOURNAL OF THB OONSnTUTIOKAL OONVBNTIOK. W case involving a felony no bail shall be granted, unless by the judge of the circuit court having jurisdiction over the same, or unless by three justices of the peace of the county in which the crime was committed, one of whom shall be a member of the board of county accounts, who shall preside at the hearing of the motion for such bail. The mode of procedure for such hearing, and the duties to be performed, and the extent of the power to be exercised, shall be pre- scribed by the Legislature. There shall be a Commonwealth's attorney for each cir- cuit, who shall be elected for a term of four years by the electors of the circuit. He shall receive no other compen- sation than a salary to be fixed by the Legislature. In fix- ing the salary in each case the Legislature shall be guided by the amount of work expected to be performed by such oflScer in the respective circuit. After a salary shall have once been fixed bv the Legislature it shall not be increased without the written recommendation of a majority of the members of the several boards of county accounts in that circuit, or in the case of a circuit composed of a city, only upon the recommendation of the judge or judges of the cir- cuit court or courts in such city. He shall, without extra compensation, give, when requested, written advice to the board of supervisors, the county and district school boards, and board of county accounts, and shall perform such other duties as may be required by law. Mr. Mbrbdith oflFered the following resolution. No. 24, which was referred to the Committee on Education and Public In- struction. 1. Resolved, That the (Jeneral Assembly shall apply the annual interest on the literary fund, two-thirds of the State capitation tax provided for by this Constitution, and an an- nual tax upon the property of the State of not* less than mill , nor more than mills, for the establishment and maintenance of primary schools, at which shall be taught such rudiments of education as the board of education may determine, subject to revision and change by the legislature. Provision shall be made by law for the distribution of the sums so annually raised among the several counties of the State, in proportion to the number of children resident therein, between the ages of and years. The sums shall be so distributed as to furnish separate schools for the white and colored children, but without injustice to either class. Provision shall be made to supply children attending the public free schools with necessary text books, in cases where the parent or guardian is unable, by reaaon of poverty, to furnish them. Digitized by Google 70 JOURNAL OP THE CONSTITUTIONAL OONVBNTION. 2. Each city may through its council raise additional sums by a tax upon property not to exceed mills in the dollar in any one year, for the establishment and mainten- ance of public free schools of such grade as its school au- thorities may from time .to time determine. Each town, county or public school district may annually raise addi- tional sums, either by a poll-tax, or by a tax upon property, or by both methods as the school authorities thereof may from time to time determine, for the establishment and maintenance of public schools of such grade as its respective school authorities may from time to time determine : pro- vided, that no such poll-tax shall exceed two dollars for a county levy, nor one dollar for a town or school district levy; nor shall any county, town or school district tax exceed a tax of five mills on the dollar upon the property of the per- son paying the same. 3. Whenever the school authorities of any county, town or school district shall determine to raise such sums entirely or in part by a poll-tax, they are hereby authorized, if they shall so desire, to require the payment of such poll-tax, or of such poll-tax and tax upon property, by the person against whom it shall be assessed before his children or wards shall be entitled to enter any school established or maintained by the funds raised by means of such county, town or school district taxation : provided, that such decision shall be en- forced against all such persons so in default. 4. Whenever the sums so raised shall not be sufficient to establish a suitable number of schools of a higher grade than the primary schools in the different parts of such county, town or school district, the school authorities of such county, town or district, shall increase the number of primary schools in such parts as shall not have located therein such schools of a higher grade, or shall enlarge the capacity of the primary schools then therein. 5. Whenever any parent or guardian in such county, town or school district shall not be assessed either with a tax upon property or with a poll-tax, such parent or guar- dian shall, before entering his children or wards in any such school established or maintained by such county, town or school district taxation, pay three dollars for any such child or ward. Whenever at the end of any scholastic year there shall remain unexpended in any city or county any part of the fund derived from tne State levy, the same shall first be used to pay the debts created during that year for the pub- lic schools of such city or county, and the residue, if any, shall be returned to. the State Treasurer in a manner to be Digitized by Google JOURNAL OF THE CONSTITUTIONAL CONVENTION. 71 determined by law. The treasurer shall, under the supervi- sion of the board of education, invest the same in the name of said board in Virginia State bonds to be kept as directed by law. The interest on said bonds shall be used annually as a part of the State public school funds. And whenever, at the end of any scholastic year, there shall remain unex- pended in any city or county, any part of the funds derived from an appropriation or levy by such city or from a levy by such county, the same shall first be used to pay the debts created during that year for the public schools of such city or county respectively ; and the residue, if any, shall be forwarded to the State Treasurer, as may be directed by law. The treasurer shall, as above stated, invest the same in the name of such city or county, and shall keep the same tts directed by law. The interest on such bonds shall be used annually as a part of the public school funds raised by such city or county. Mr. QuARLBS offered the following resolution, No. 25, which was referred to the Committee on Corporations. Resolved, That the Committee on Corporations be in- structed to consider the propriety of reporting favorably the following provisions : Ist. That all railroad, canal and other transportation companies are declared to be common carriers, and subject to legislative control. Any association or corporation, or- ganized for the purpose, under the laws of this State, shall have the right to connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad, and shall receive and transport each the other's passengers, tonnage and cars, without delay or discrimina- tion. 2nd. That no railroad or other transportation company shall grant free passes, or passes or tickets at a discount, to any person holding any oflBce of honor, trust or profit in this State ; and the acceptance of any such pass or ticket by a member of the Legislature or any public oflBcer, shall work a forfeiture of his oflBce. 3rd. That no discrimination in charges or facilities for transportation shall be made by any railroad or other trans- portation company between places or persons, or in the facilities for the transportation of the same classes of freight or passengers within the State, or coming from or going to any other State. Persons and property transported over any railroad, or by any other transportation company or in- dividual, shall be delivered at any station, landing or port, at charges not exceeding the charges for the transportation Digitized by Google 72 JOURKAL OF THE CONSTITUTIONAL CONVBNTIOi?. of persons and property of the same class, in the same direction, to any more distant station, port, or landing. Excursion and commutation tickets may be issued at special rates. Mr. QuABLBS offered the following resolution. No. 26, which was referred to the Committee on Education and Public In* struction. Resolved, That the Committee on Education be in- structed to consider the propriety of electing the Superin- tendent of Public Instruction, County Superintendents of Public Free Schools, and Trustees of Public Free Schools, by .a vote of the people. Mr. QuARLBS oflfered the following resolution. No. 27, which wfts referred to the Committee on Executive Department, etc. Resolved, That the Committee on the Executive Depart- ment be instructed to consider the propriety of electing the Secretary of the Commonwealth, State Treasurer, and Audi- tor of Public Accounts, by the direct vote of the people. Mr. Hatton oflfered the following resolution. No. 28, which was referred to the Committee on Judiciary. Be it ordained by the Delegates of the people of Virginia, in Convention assembled. That the judicial oflKce is incom- patible with all other public oflSces, and no judge, during the term of his judicial office, shall practice the profession of law, or hold any other public oflSce, appointment or trust civil, military or political, under this or any other govern- ment, and the acceptance thereof shall ipso facto vacate his judicial oflBce. Mr. Hatton oflfered the following resolution, No. 29, which was referred to the Committee on Elective Franchise. Be it ordained by the delegates of the people of Virginia, in Convention assembled. That in all elections to office which may hereafter take place in the Legislature, or in any county, town or municipal body, the vote shall be viva voce^ and be entered on the journal of such body. Mr. McIlwainb oflfered the following resolution, No. 30, which was referred to the Committee on the Elective Franchise. Resolved, That in order to purify elections and to protect and promote the integrity of the people of the Common- wealth, the Constitution now to be formed ought to contain the following or such like provisions, to-wit : 1st. All elections held in Virginia, whether State or federal, shall be by viva voce vote. 2nd. When a citizen, otherwise qualified, shall apply for registration he shall present his application in writing, done by his own hand, without assistance, in the presence of the registrar, except in cases of physical disability adequately Digitized by Google JOUBNAL OF THB C0N8TITUTI0KAL CONVENTION. 73 proved, when he may be assisted by the registrar but by none other, and every such citizen shall be registered ; pro- vided further, that no citizen, otherwise qualified, who pre- sents to the registrar a tax receipt from the proper oflBcer showing that his taxes for the preceding year on property amounting to $ have been paid shall be debarred from registration by reason of his inability to present his application in writing. 3rd. When a registered citizen otherwise qualified shall appear at the polls to exercise the right of suffrage, he shall present to the judges of election a receipt for taxes due by him, including a poll-tax of $3, paid at least six months prior to the date of election, and if he fail to do so, he shall not be entitled to vote. 4th. It is further provided and agreed that no citizen of of this State who has served in the army or navy of Vir- ginia or of the United States, or of any State thereof, and who is not otherwise disqualified from voting shall be de- barred from registration and suffrage by articles two and three just preceding. Mr. Davis offered the following resolution. No. 31, which was referred to the Committee on the Elective Franchise. Resolved, That the Constitution to be drafted by this Convention should, and ought to be, submitted for ratifica- tion to the whole people of this State, and not to an abridged electorate. Mr. Davis offered the following resolution. No. 32, which was referred to the Committee on Taxation and Finance. Whereas the government of the United States of Amer- ica had its birth and origin in the idea and principle that it was wrong to be taxed to support a government without the right to vote under that government ; and Whereas our forefathers spilled their life-blood upon the battle-fields of Lexington, Bunker Hill, Saratoga, and Yorktown, in order that this nation might have its birth and live ; therefore, be it Resolved, That taxation of any of the people of Virginia without allowing them the right to vote, is no less tyranny now than it was when Patrick Henry said so in 1776. Mr. Summers offered the following resolution. No. 33, which was referred to the Committee on Taxation and Finance. Resolved, That a poll-tax of fifty cents be the maximum tax on an elector owning no property, and that the poll-tax on an elector owning property be increased from fifty cents, as other levies, in proportion to property, real and personal, owned by said elector. 10 Digitized by Google 74 JOUBNAL OP THE CONSTITUTIONAL CONVENTION. Mr. SuMMBRS oflfered the following resolution, No. 34, which was referred to the Committee on the Elective Franchise. Remembering the sad past, our loss of territory by un- just legislation as to apportionment of representation, and that history often repeats itself, and believing in manhood suffrage ; Resolved, That representation should be apportioned and proportioned in accordance with the vote cast. Mr. Summers offered the following resolution. No. 35, which was referred to the Committee on the Elective Franchise. Whereas Virginia is the birth-place of Jeffersonian Democracy, which means political equality of all men, uni- versal freedom, unrestricted suffrage and the sacred preser- vation of all inherent rights and reviewing with pride the grand advance of a semi-civilized people — to civilization, to religious belief, to acquisition of property, to education, often of the higher order, to patriotism on the battle field, notwithstanding the debauched teachings of their now op- pressors ; therefore Resolved First, That universal manhood suffrage, as now existing, continue as to all electors, now permitted to vote, both white and black, and the new voter, after the period of two years, be required to read intelligently the Declaration of Independence, Bill of Rights, The Decalogue and the Lord's prayer, and after the period of five yeacs, every new voter shall own in his own right $300.00 unen- cumbered, thus giving the incentive to education and wealth, without infringing on the inherent rights of the present voter. Resolved Second, That we as freemen, rejoice that the 14th and 15th amendments to the Constitution of the United States exist and pray their continuance, protection and en- forcement, and we would bewail the repeal of either as a national calamity, the beginning of a despotism, unbearable by a free people. Resolved Third, That the requirement of payment of an excessive poll-tax, as a prerequisite to voting, is an oppres- sion on the poor white man and negro, destitute of every principle of right, devoid of equity and good conscience. Resolved Fourth, That we deplore with alarm the reso- lutions of Virginians to rob their fellow men of citizenship for political ends only, which, if accomplished, mean ill will for good will, hatred for love, ignorance for learning, adultery for virtue, serfdom for liberty, poverty for plenty, disorganization of Virginia labor, the emigration to other States of at least 50,000 of her respectable laborers, leaving Digitized by Google JOURNAL OP THE CONSTITUTIONAL OONVBNTION. 75 to Virginia as a heritage of her folly, the vicious man and vile woman. Mr. Stebbins oflfered the following resolution, No. 36, which was referred to the Committee on the Organization and Govern- ment of Cities and Towns. Whereas there is great diversity in the powers granted to cities and towns by the charters under which they are ope- rating ; Resolved, That the Committee on Cities and Towns are directed to examine into the desirability of providing by general laws for the organization and classification of muni- cipal corporations, wherein the powers of each class shall be defined so that no such corporation shall have any powers, or be subject to any restrictions, other than all corporations of the same class. Mr. Stbbbins offered the following resolution. No. 37, which was referred to the Committee on Legislative Department, etc. Whereas the acceptance by State and municipal officers of free passes, free tickets, and reduced rates from the trans- portation companies has produced unfavorable comment ; Resolved, That the Legislative Committee is directed to consider the advisability of providing a clause in the Con- stitution as follows : *'No railroad, steamboat, or other common carrier, under heavy penalty to be fixed by the General Assembly, shall give a free pass or passes, or shall, at reduced rates, not common to the public, sell tickets for transportation to any State, district, city, town, or county* officer, or member of the General Assembly, or judge ; and any State, district, city, town, or county officer, or member of the General Assembly, or judge, who shall accept or use a free pass or passes, or shall receive or use tickets or transportation at reduced rates, not common to the public, shall forfeit his office. It shall be the duty of the General Assembly to enact laws to enforce the provisions of this section." Mr. Blair offered the following resolution. No. 38, which was referred to the Committee on Judiciary. Resolved, That the Committee on the Judiciary do con- sider the advisability of a reduction of the number of jurors from twelve to eight, and the abolition of the unanimity rule, especially in civil cases. Mr. Wise offered the following resolution, No. 39, which was referred to the Committee on Legislative Department, etc. Resolved, That the Committee on the Legislative De- partment be instructed to inquire into the expediency of in- Digitized by Google 76 JOURNAL OF THB CONSTITUTIONAL CONVBNTION. corporating into the Constitution the following provision- to- wit. Wherever a general law grants privileges to persons who will comply with the requirements of the same, no private relief bill shall operate to relieve any particular person or persons from compliance with the provisions of the general law. Mr. Waddill oflfered the following resolution, No. 40, which was referred to the Committee on the Elective Franchise. Resolved, That every male citizen of the United Stat^, twenty-one years of age, who shall have been a resident of this State twelve months, and of the county, city, or town in which he shall offer to vote three months preceding any election, and who shall have paid, on or before the day of of the year in which he shall offer to vote, all poll-taxes which may have been legally assessed against him for the preceding year, the amount whereof shall not exceed the sum of I , shall be entitled to vote for mem- bers of the General Assembly, and all oflScers elected by the people : provided, that the prepayment of such tax shall not be required of any person who has attained to the age of sixty-one years : and provided further, that no oflScer, sol- dier, seaman, or marine of the United States Army or Navy shall be considered a resident of this State by reason of be- ing stationed therein : and provided, also, that the following named persons shall be excluded from voting : First. Idiots and lunatics. Second. Persons convicted of bribery in any election, em- bezzlement of public funds, treason, felony, or petit larceny. Third. No person, who, while a citizen of this State, has, since the adoption of this Constitution, fought a duel with a deadly weapon, either within or beyond the boundaries of this State, or knowingly conveyed a challenge, or aided or assisted in any manner in fighting a duel, shall be allowed to vote or hold any oflBce of honor, profit, or trust under this Constitution. Mr. Anderson, from Alleghany, offered the following resolu- tion. No. 41, which was referred to the Committee on Legisla- tive Department. Resolved, That the following provision be inserted in the new Constitution : * ' Whenever a general law grants privileges to persons who will comply with the requirements of the same, no pri- vate relief bill shall operate to relieve any particular person or persons from compliance with the provisions of the gen- eral IftW.'' Digitized by Google JOUBKAL OF THB CONSTITUTIONAL OONVBNTION. 77 Mr. Pollard offered the following ordinance, No. 42, which was referred to the Committee on Legislative Department, etc. Be it ordained by the people of Virginia, in Convention assembled. That no law passed by the General Assembly, except the general appropriation act, shall take effect until ninety days after the adjournment of the session at which it is enacted, unless in case of an emergency (which emer- gency must be expressed in the preamble of the act) , the General Assembly shall, by a vote of two-thirds of all the members elected to each house otherwise direct, and the said vote shall be taken by yeas and nays, and entered upon the journal Mr. Harrison, from the Committee on Privileges and Elec- tions, offered the following resolution and asked for its imme- diate consideration, which was agreed to. The question recur- ring on the resolution, it was adopted. Resolved, That the Committee on Privileges and Elections be granted authority to print the record in the contested elec- tion case of Morgan Treat vs. Roger Gregory, or so much thereof as the committee shall deem proper. Mr. Flood offered the following resolution and asked that it lay on the table until Tuesday next. Resolved, That the Committee on Reporting and Printing be requested and directed not to enter into the contracts referred to in their reports made to the Convention upon yesterday, until further consideration by this Convention. Mr. MooRB offered the following resolution, which on the re- quest of Mr. Green, was laid on the table until next Tuesday. Resolved, That the President of the Convention appoint a standing committee of eleven members to consider and report what special measures and methods can be adopted to effect a reduction of the expenses of government, the same to be styled Committee on Reduction of Expenses. Mr! O' Flaherty offered the following resolution and asked for its immediate consideration, which was refused. Resolved, That whereas it is reported that the Hon. Wm. Jennings Bryan will shortly visit Virginia, the President of the Convention do invite Mr. Bryan to attend and address the Con- vention at such time as he may designate. Mr. Thom moved that when the Convention adjourn to-day, it adjourn to meet again next Tuesday at 12 o'clock, which was agreed to. Mr. Aybrs gave notice that on Wednesday next he would move to take from the table the resolution in regard to members of the Convention taking the oath of office and refer it to the committee of the whole for final disposition of it. An invitation was received from William and Mary College, Digitized by Google 78 JOURNAL OF THE CONSTITUTIONAL CONVENTION. requesting the attendance of the Convention to their commence- ment. On motion of Mr. Thornton, the President was instructed to make a suitable reply, expressing the thanks of the Convention. The Convention granted leave of absence to the following members : Mr. Marshall for 3 days ; Mr. Brown for 3 days ; Mr. Parks for 2 days ; Mr. Blair for 3 days ; Mr. Bristow in- definite leave. On motion of Mr. Braxton the Convention adjourned. TUESDAY, JUNE 25, 1901. The Convention assembled at 12 o'clock M. Prayer by the Rev. Dr. Geo. B. Strickler of the Union Theological Seminary. The journal of Saturday, June 22nd, was read and approved. Mr. Blair requested that his leave of absence be withdrawn, which was agreed to. The President laid before the Convention a letter from the Librarian of Congress requesting that the report of the pro- ceedings of the Convention be mailed him each day to be filed in the Library of Congress. On motion of Mr. Anderson, of Rockbridge, the Secretary was directed to comply with his request. The President laid before the Convention a communication from B. Bridforth, secretary of joint committee of the Legal, Medical, Pharmaceutical, Dental Associations, enclosing a pro- posed Constitutional provision, prohibiting private relief bills in certain cases. Referred to the Committee on Legislative Department. He laid before the Convention an appeal of the local league of the National Afro-American Council for the education and enfranchisement of the colored people in the State of Virginia. Referred to the Committee on Education and Public Instruc- tion. He laid before the Convention a petition of committee of negro citizens of Bedford county in the matter of the division of the school fund. Referred to the Committee on Education and Public Instruction. He la;d before the Convention a memorial of certain women of Virginia recommending the incorporation of industrial schools in the educational system of the State. Referred to the Committee on Education and Public Instruction. He laid before the Convention a memorial of Kinchen Fiers, Digitized by VjOOQ IC JOUBKAL OF THE CONSTITUTIONAL CONVENTION. 79 Anthony Beale, and other colored citizens of Southampton county upon the subject of common school education. Referred to the Committee on Education and Public Instruction. He laid before the Convention a communication from James P. Harrison, Esq., a member of the State Bar Association, recommending certain changes in the judiciary of the State. Referred to the Committee on Judiciary. He laid before the Convention a memorial of Layfayette Fitzhugh, of Culpeper county, upon the subject of suffrage, etc. Referred to the Committee on Elective Franchise. He laid before the Convention a petition of citizens of the colored league of Accomac county against the disfranchisement of colored citizens. Referred to the Committee on Elective Franchise, etc. Mr. TuRNBULL presented a resolution in relation to the pub- lic school system, No. 42i, which was referred to the Commit- tee on Education and Public Instruction. Mr. Smith presented an ordinance defining and prescribing qualifications for exercise of the elective franchise, No. 43, which was referred to the Committee on Elective Franchise, etc. Mr. Braxton presented a resolution in regard to the criminal expenses of the State, No. 44, which was referred to the Com- mittee on Judiciary Mr. Braxton presented a resolution in regard to the expe- diency of separating the subjects of State and local taxation, No. 45, which was referred to the Committee on Taxation and Finance. Mr. Braxton presented a resolution in regard to a tonnage tax upon the output of all mines, No. 46, which was referred to the Committee on Taxation and Finance. Mr. Braxton presented a resolution in regard to the feasi- bility of introducing a system of industrial education in the public schools. No. 47, which was referred to the Committee on Education and Public Instruction. Mr. HuBARD presented a resolution in relation to tax on per- sonal property, No. 48, which was referred to the Committee on Taxation and Finance. Mr. Pettit presented a resolution in relation to disqualifica- tions for members of the General Assembly, No. 49, which was referred to the Committee on the Legislative Departments. Mr. Wysor presented a resolution in regard to the elective franchise. No. 50, which was referred to the Committee on the Elective Franchise. Mr. Thom presented a resolution in regard to abolishing the prohibition against the incorporation of churches and all re- ligious denominations. No. 51, which was referred to the Com- mittee on the Legislative Department. Digitized by Google 80 JOUBVAL OP THB OONSTITUTIONAL OONVINTION. Mr. Barboub presented a resolution to provide a suffrage clause for the Constitution of Virginia, No. 52, which was re- ferred to the Committee on Elective Franchise. Mr. Walter presented a resolution on suffrage, No. 53, which was referred to the Committee on Elective Franchise. Mr. Ingram presented a resolution in relation to damage to private property. No. 54, which was referred to the Committee on the Legislative Department. Mr. Stbbbins presented a resolution in regard to the passage of local or private bills. No. 55, which was referred to the Com- mittee on the Legislative Department. Mr. Richmond presented a resolution in regard to working the public roads, No. 56, which was referred to the Committee on Organization and Government of Counties. Mr. Richmond presented a resolution in regard to carrying concealed weapons. No. 57, which was referred to the Commit- tee on the Legislative Department. Mr. BoLBN presented a resolution to define the qualification of voters and the method of voting. No. 58, which was referred to the Committee on Elective Franchise. Mr. GwYN presented a resolution in aregrd to capitation tax for public free school purposes, No. 59, which was referred to the Committee on Education and Public Instruction. Mr, GwYN presented a resolution in regard to establishing schools of a high grade in every county of the Commonwealth, No. 60, which was referred to the Con^mittee on Education and Public Instruction. Mr. GwYN presented a resolution in regard to a division of the school fund. No. 61, which was referred to the Conoiniittee on Education and Public Instruction. Mr. Phillips presented a resolution against the division of school funds. No. 62, which was referred to the Committee on Education and Public Instruction. Mr. Phillips presented a resolution in regard to the elective franchise, No. 63, was referred to the Committee on Elective Franchise, etc. Mr. Phillips presented a resolution favoring the submission of the new Constitution to the people for ratification or rejec- tion, No. 64, which was referred to the Committee on Preamble and Bill of Rights, etc. Mr. Barnbs, of New Kent, presented a resolution ii\ relation to the introduction of private bills in the General Assembly, No. 65, which was referred to the Committee on Legislative Depart- ment. Mr. Pollard presented an ordinance requiring members of the General Assembly, having a personal or private interest in the passage or defeat of a bill, to disclose the fact, etc., No. 66, Digitized by Google JOUBNAL OP THE OONBTITUTIONAL OOlfVBNTION. 81 which was referred to the Committee on Legislative Depart- ment. Mr. PoLLABD presented an ordinance requiring judges to re- port defects and omissions in laws, No. 67, which was referred to the Committee on Judiciary. Mr. Thornton presented a resolution in regard to a capita- tion tax, No. 68, which was referred to the Committee on Tax- ation and Finance. Mr. Andbbson, of Alleghany, presented an ordinance to regu- late the organization and classification of cities and towns, No. 69, which was referred to the Committee on Organization and Government of Cities and Towns. Mr. Andbbson, of Alleghany, presented an ordinance limit- ing and restricting the powers of legislation, No. 70, which was referred to the Committee on Legislative Department. Mr. Walteb presented a resolution in regard to abolishing county superintendents of schools. No. 71, which was referred to the Committee on Education and Public Instruction. Mr. HuBABD presented a resolution looking to the enactment of a nine hour law for mechanics and laborers. No. 72, which was referred to the Committee on Legislative Department. Mr. Chapman presented a resolution in regard to the criminal expenses, No. 73, which was referred to the Committee on the Judiciary. The resolution proposed by Mr. Moo be on Saturday was taken up. Mr. Andbbson, of Rockbridge, moved to refer it to the Com- mittee on Bules, which was rejected. The resolution was then agreed to as follows : Resolved, That the President of the Convention appoint a standing committee of eleven members to consider and report what special measures and methods can be adopted to effect a reduction of the expenses of government, the same to be styled *' Committee on Reduction of Expenses." The said committee shall report its recommendations to the Convention with all convenient speed, and the various subjects therein reported on shall, upon the receipt by the Convention of said report, be referred, without further action thereon at the time by the Convention, to the respective standing committee having such subjects in charge, to be considered in connection with their several duties and reports. Mr. Glass proposed the following resolution, which was adopted : Resolved, That members introducing ordinances, resolutions, etc. , for reference to committees be required to give the subject of said ordinances, resolutions, etc., as titles to be written on the back of each ordinance or resolution, which said title in 11 Digitized by Google 82 JOURNAL OP THE CONSTITUTIONAL CONVENTION. each case shall be printed in the journal as descriptive of said ordinance or resolution ; and the Secretary is hereby directed not to print in the journal the text of ordinances and resolu- tions introduced by members for reference, unless specially or- dered by the Convention. Mr. Cameron oflfered the following resolution, which 'was adopted : Resolved, That the Auditor of Public Accounts be requested to furnish for the use of this Convention a report showing the amount of real and personal property exempted from taxation under the existing laws of the State in each city, town, and county in the Commonwealth, and classifying the exemptions as to religious, educational, charitable, beneficiary or other so- cieties ; further Resolved, That said information, when furnished by the Au- ditor, shall be referred to the Committee on Taxation and Finance. Mr. Watson offered the following resolution, which was adopted : Ilesolved, That the Secretary of the Convention be directed to obtain from the clerks of the various counties and cities of the Commonwealth a statement of the rate of local taxation — county, city and district — for public school purposes, and the gross amount of revenue thus derived for the last fiscal year ; also that the Superintendent of Public Instruction be directed to obtain from the county and city superintendents of public schools a statement of the gross amount appropriated during the year ending July 31, 1900, within their said communities for the maintenance of white and colored schools, respectively, and report same to this Convention. Mr. 0 'Flaherty asked unanimous consent to withdraw the resolution proposed by him on Saturday inviting William J. Bryan to address the Convention, which was granted. Mr. Lindsay moved that the Committee on Reporting l>e requested to take up at once the question of publishing the stenographic report of the Convention in book form, which was agreed to. On motion of Mr. Grbbn leave of absence of ten days was granted Mr. Withers. On motion of Mr. Marshall the Convention adjourned. Digitized by Google JOURNAL OP THE CONSTITUTIONAL CONVENTION. 83 WEDNESDAY, JUNE 26, 1901. The Convention assembled at 12 o'clock, M. Prayer by the Rev. Dr. R. J. Willingham, of the Baptist church. The journal of yesterday's proceedings was read and approved. The President announced the appointment of the following standing Committee on Reduction of Expenses, under the resolution adopted yesterday : Eugene Withers, James W. Marshall, George B. Keezell, R. Lindsay Gordon, H. F. Cris- mond, E. W. Hubard, S. P. Waddill, J. M. Willis, Joseph Stebbins, Greorge P. Tarry, and A. L. Pedigo. The President laid before the Convention a memorial of ne- gro citizens of Pulaski county, protesting against the division of the school fund ; referred to the Committee on Education and Public Instruction. The following resolutions and ordinances were introduced and referred. By Mr. Dunaway, No. 74, to prevent the appropriation of .public funds to sectarian uses, to the Committee on Legislative Department. By Mr. GtORDOn, of Richmond, No. 75, to prevent oflBcial corruption and bribery, to the Committee on Judiciary. By Mr. Gordon, of Richmond, No. 76, to prescribe an official oath, to the Committee on Elective Franchise, etc. By Mr. Gordon, of Richmond, No. 77, making members of Legislature ineligible to offices filled by the Legislature, to the Committee on Elective Franchise, etc. By Mr. Gordon, of Richmond, No. 78, requiring the Legis- lature to pass laws to prevent lynching, to the Committee on Judiciary. By Mr. Dunaway, No. 79, to provide for separate schools for white and colored persons, to the Committee on Education and Public Instruction. By Mr. Lindsay, No. 80, relating to residence of voters, to the Committee on Elective Franchise, etc. By Mr. Lindsay, No. 81, relating to election of all executive officers by people and fixing clerical expenses in certain depart- ments, to the Committee on Executive Department. By Mr. Barham, No. 82, relating to elective franchise, to the Committee on Elective Franchise, etc. By Mr. Mundy, No. 83, relating to tax on incomes, to the Committee on Taxation and Finance. By Mr. Mundy, No. 84, relating to the enactment of penal restrictions against vagrants, to the Committee on Judiciary. By Mr. Mundy, No. 85, relating to taxation of real and per- sonal property, to the Committee on Taxation and Finance. Digitized by Google 84 JOUBNAL OF THB CONSTITUTIONAL CONVENTION. By Mr. O'Flaherty, No. 86, making it unlawful for any person or company to require of its employees an agreement whereby such person or company shall be released from respon- sibility on account of personal injury received, to the Com- mittee on Corporations. By Mr. O'Flahbrty, No. 87, making any person ineligible to any office of trust who is in default as a collector and cus- todian of public money, to the Committee on Elective Fran- chise, etc. By Mr. O'Flahbrty, No. 88, in relation to the right of emi- nent domain, to the Committee on Corporations. By Mr. Quarlbs, No. 89, relating to the assessment and tax- ation of encumbered property, to the Committee on Taxation and Finance. By Mr. Richmond, No. 90, to punish bribery in elections, to the Committee on Elective Franchise, etc. By Mr. Davis, No. 91, suggesting the propriety of abolish- ing the county courts, etc., to the Committee on Judiciary. By Mr. Wysor, No. 92, declaring members of the Conven- tion officers, to the Committee on Preamble and Bill of Rights.. By Mr. Brown, No. 93, relating to the elective franchise, to the Committee on Elective Franchise, etc. By Mr. Brown, No. 94, relating to the registration of elec- tors, to the Committee on Elective Franchise, etc. By Mr. Orr, No. 95, requiring the payment of a capitation tax as a prerequisite to voting, to the Committee on Elective Franchise, etc. By Mr. Orr, No. 96, relating to the appointment of judges, to the Committee on Judiciary. By Mr. Cartbr, No. 97, relating to the elective franchise in Article II of the present Constitution, to the Committee on Elective Franchise, etc. By Mr. Gordon, of Nelson, No. 98, providing for the exercise of the elective franchise and qualifications for office, to the Committee on Elective Franchise, etc. By Mr. Pbttit, No. 99, against the abolition of county courts, to the Committee on Judiciary. By Mr. Watson, No. 100, directing the Committee on Exe- cutive Departments, etc., to inquire as to the advisability of em- powering the Governor to require of the Attorney-General a review and opinion upon applications for pardon of convicts, etc., to the Committee on Executive Department. By Mr. Andbrson, of Alleghany, No. 101, providing for quadrennial sessions of the General Assembly, to the Committee on Legislative Department. Mr. Aybrs moved to take from the table the resolution pro- posed by Mr. Thom on the first day of the session relative to the Digitized by Google JOURNAL OF THE CONSTITUTIONAL OONYBNTION. 85 members of the Convention taking the oath of office, which was agreed to. Mr. Harrison moyed to indefinitely postpone the resolution, and pending a discussion of the question, the Convention, on motion of Mr. Smith, adjourned. THURSDAY, JUNE 27, 1901. The Convention assembled at 12 o'clock M. Prayer by the Rev. Dr. P. B. Price of the Presbyterian church. The journal of yesterday's proceedings was read and ap- proved. The following resolutions and ordinances were presented and referred : By Mr. Barbour, No. 102, to prevent bribery and corruption in elections and other political contests, to the Committee on Elective Franchise. By Mr. Barbour, No. 103, to inquire into the practicability of an entire separation of the sources of State and local revenues y and the means of collecting the same, to the Com- mittee on Taxation and Finance. By Mr. Barbour, No. 104, to declare a basis for the assess- ment of corporate property for the purpose of taxation, to the Committee on Taxation and Finance. By Mr. Richmond, No. 105, to abolish the office of Lieuten- ant-Governor, to the Committee on Executive Department. By Mr. Gwyn, No. 106, relating to criminal expenses, to the Committee on Judiciary. By Mr. Pollard, No. 107, instructing the Committee on the Legislative Department to consider the advisability of the es- tablishment of a board of arbitration for the settlement of con- troversies between labor and capital, to the Committee on Legis- lative Department. By Mr. Bolek, No. 108, relating to the rotation of circuit judges, to the Committee on Judiciary. The Committee on Taxation and Finance reported the follow- ing resolution : Resolved, That the delegates to the Convention are requested to submit all propositions for the consideration of this com- mittee in the specific language in which such propositions are intended to be embodied, when placed in the Constitution. The motion of Mr. Harrison to indefinitely postpone the resolution of Mr. Thom, offered the first day of the session, in reference to members taking the oath, being the unfinished Digitized by Google 86 JOUBNAL OF THB OONBTITUTIONAL OONVENTIOK. business, was taken up, and pending the discussion of the question, the Convention on motion of Mr. Jones, of Eangand Queen, adjourned. FRIDAY, JUNE 28, 1901. The Convention assembled at 12 o'clock ift. Prayer by Rev. Dr. W. B. Beauchamp of the Methodist Episcopal church. The journal of yesterday's proceedings was "read and ap- proved. The Pbesidbnt laid before the Convention an invitation from the Newport News Military Academy to attend a lecture by Hon. William Jennings Bryan, under the auspices of the Newport News Military Academy, on Monday evening, July Ist. On mo- tion of Mr. Daniel the President was instructed to return the thanks of the Convention. Mr. Daniel oflFered the following resolution, and asked im- mediate consideration, which was agreed to : Resolved, First, That the Committee on Elective Franchise, etc., be, and it is, hereby authorized to prepare a statement showing the clauses on suflFrage of the Constitution, which have from time to time been adopted by the States of the American Union, and also the provisions respecting suflFrage contained in the Constitution of the United States and in the acts of Con- gress providing for the government of the territories or districts of the United States. Second, That the Secretary of the Convention be, and he is, hereby instructed to have 1,000 copies of such statement printed for the use of this body. Third, That the Secretary of the Convention be, and he is, hereby instructed to purchase, upon the order of the Committee on Elective Franchise, such books and pamphlets as he may deem necessary for the purpose of this resolution : provided, that the expense thereof shall not exceed one hundred dollars On motion of Mr. Bouldin, leave of absence was granted to Mr. Stebbins for three days. The following resolutions and ordinances were presented and referred : By Mr. Kendall, No. 109, relating to the division of the school fund, to the Committee on Education and Public Ib* struction. By Mr. Barbour, No. 110, to provide for the election of judges by the people, and to prescribe their term of office, tfl the Committee on Judiciary. Digitized by Google JOUBNAL OF THB OONSTITTJTIONAL OOmrBNTIOK. 87 By Mr. Portlock, No. Ill, declaring that the members of a Constitutional Convention are not officers but delegates , to the Committee on Judiciary. By Mr. O'Flahbrty, No. 112, relating to freedom of religious thought and worship. By Mr. Blair, No. 113, requiring tax-payers to go before the proper officer and furnish such officer with a list of personal property, to the Committee on Taxation and Finance. By Mr. Summers, No. 114, referring to the appointment of boards of visitors, to the Committee on Public Institutions and Prisons. By Mr. Summers, No. 115, relating to the abolition of the office of Lieutenant Governor, to the Committee on Executive Department. By Mr. Summers, No. 116, in reference to incorporating into the organic law of the State, the homestead and other exemp- tions now in existence, to the Committee on Preamble and Bill Df Rights. By Mr. Summers, by request, No. 117, relating to woman suflfrage, to the Committee on Elective Franchise. By Mr. Eggleston, No. 118, providing for the supervision Etnd management of all the State hospitals by a commissioner [)f public institutions and a board of directors, to the Committee 3n Public Institutions and Prisons. By Mr. Epes, No. 119, for the reduction of criminal expenses, io the Committee on Judiciary. By Mr. Epes, No. 120, for the reduction of criminal expenses, ,o the Committee on Judiciary. By Mr. Epes, No. 121, relating to suffrage, to the Committee )n Elective Franchise. By Mr. Epes, No. 122, to obtain the number of colored voters issessed with less than $300.00, to the Committee on Elective Franchise. Mr. Ayers oflfered the following resolution : Resolved, That when the Convention adjourns on Saturday, Tune 29th, it shall adjourn to meet again on Tuesday, October L5th next, and that during the recess the delegates and officers md employees of the Convention shall receive no compensation or their services, and asked its immediate consideration. — ^which was rejected by the following vote : yeas, 20 ; nays, 69. On motion of Mr. Lindsay, the vote was recorded as follows : Atbb— MeMTS. Ayen, Barham, M. H. Barnes, Bolen, Garter, Cobb, Fnir&x, leteher, Gillespie, Qresory, Gwyn, Glaggett B. Jones, Meredith, Moncare, ►' Flaherty, Orr, Pettit, Richmond. Smith, Yancey— 20. KoK — ^Messrs. George E. Anderson, W. A. Anderson, Barboar, Boaz, Boaldin, trmxton^ Brooke, Brown, Cameron, P. W. Campbell, Chapman, Crismond, Daniel, ^Tia, Diinaway, ^(gleston, Epes, Flood, Gamett, Gihnore, B. T. Gordon, Jas. W. Digitized by Google 55 J0I7BKAL OF THE OONSTITUTIONAL OOlfrVBNTIOir. Gordon, R. L. Gordon, Green, Hamilton, Hancock, Hardy, Harriaonf Httton, Hooker, Honton, Ingram, G. W. Jones, Kendall, Lawaon, Lincoln, Lindatj, Lovell, Marshall, Mcllwaine, Miller, R. Walton Moore, Thomas L. Moore, Mnodj, Newton, Parks, Pedigo, Phillips, Pollard, Portlock, Qnarlee, Rives, Robertson, Stuart, Summers, Tarnr, Thom, Thornton, Tumbull, Vincent, Waddill, Walker, Walter, Westcott, Willis, Wise, Woodhouse, Wysor„ Mr. Pre6iden1^-69. The resolution was referred to the Committee on Rules. Mr. TuRNBULL oflFered the following resolution and asked its immediate consideration, which was agreed to : Resolved, That the vote be taken to-day before adjournment, on the question as to whether the members of this Convention shall take the oath of oflSce prescribed by the present Constita- tion of Virginia, and on his motion the resolution was adopted. Mr. Ayers, from the Committee on Public Institutions and Prisons, reported the following : To the Constitutional Convention : The Committee on Public Institutions and Prisons respect- fully report that it has had under consideration the following resolution, viz : ''Resolved, That the Committee on Public Institutions and Prisons be requested to make arrangements to have the Lav Library kept open each day, Sundays excepted, between the hours of 9 A. M. and 6 P. M. during the session of the Conven- tion," and reports that it has arranged with the Librarian of the Law Library to keep the library open from 9 o'clock A. M. until 3 o'clock P. M, and from 4 o'clock P. M. until 6 o'clock P. M. Respectfully submitted, R. A. AYERS, Chairman. Mr. Glass, from the Committee on Reporting and Printing, reported the resolution offered by the member from Scott, **to print and put in pamphlet form the Constitutions of the several States," with the following recommendations : Your Committee on Reporting and Printing recommend that the within resolution be not adopted by the Convention, as the cost which it would entail would amount to several thousand dollars. Your committee, however, does recommend that the Secre- tary of the Convention be directed to purchase twelve sets of the Compilation of State Constitutions made for New York State, to cost not exceeding $72.00, two sets of which shall be deposited with each committee clerk for use of members. And the com- mittee further recommends that the Secretary of the Convention be directed to write to the proper authorities and obtain printed copies of the State Constitutions of New York, South Carolina, North Carolina and Louisiana, which do not appear in the volumes above referred to. CARTER GLASS, Chairnwai. Digitized by Google JOUmf AL OF THB OOK SnTUTIONAL OONYBNTIOK. 89 The motion of Mr. Habribon, to indefinitely postpone the resolution, relative to the members taking the oath of oflBce, was agreed to. Ayes, 69 ; nays, 14. On motion of Mr. Harbison the vote was recorded as follows ; Ayi»— MeasiB. Geoxse K. Anderson, W. A. Anderson, Ayers, Barboar, Barham, M. H. Bamee, Boaz, Bolen, Booldin, Braxton, Brown, Cameron, Chapman, Cobb, Griamond, Daniel, Donaway, Egeleeton, Epes, Fairfax, Fletcher, Flood, Gamett, Gilmore, Glass, James W. Gordon, R. L. Gordon, Green, Gregory, Hancock, Hardy, Harrison, Hatton, Hanton, Ingram, Claggett B. Jones, G.W.' Jones, Ken- dall, Lawson, Lovell, Marshall, Mcliwaine, Meredith, Miller, Moncore, R. Wal- ton Moore, Mundy, Newton. O'Flaherty, Orr, Parks, Pettit, Pollard, Qnarles, Richmond, Rives, Smith, Staart, Tarry, Thornton, Tamball, Vincen<^ Walker, Wescott, Willis, Wise, Woodhoose, Yancey, and Mr. President— 69. No»— Messrs. Brooke, Garter, Davis, Gwyn. Hooker, Thomas L. Moore, Pedigo, Phillips, Robertson, Summers, Thom, Waddill, Walter, and Wysor— 14. The following pairs were announced : those first mentioned voting in the affirmative. Mr. Stebbins with Mr. P. W. Campbell; Mr. B. T. Gor- don with Mr. C. J. Campbell ; Mr. Withers with Mr. Blair ; Mr. T. H. Barnes with Mr. Portlock ; Mr. Watson with Mr. Gillespie ; Mr. Lindsay with Mr. Lincoln. Mr. Harrison then moved to reconsider the vote by which the motion was agreed to, which was rejected. Mr. Glass oflFered the following resolution, and asked for its immediate consideration, which was agreed to. Resolved, That the Register of the Land Office be requested to have the elevator in the Capitol run in the afternoon until 6 o'clock, during the sessions of the Convention, and that Mr. Ed. Williams, elevator man, and Mr. Dick Richards, engineer, be allowed the sum of $25 each per month, for said extra ser- vice. On motion of Mr. Hatton the resolution was referred to the Committee on Accounts and Expenditures of the Convention. On motion of Mr. Quarlbs the Convention adjourned. SATURDAY, JUNE 29, 1901. The Convention assembled at 12 o'clock, M. Prayer by Rev. Dr. W. F. Dunaway, of the Baptist* church. The journal of yesterday's proceedings was read and ap- proved. The following resolutions and ordinances were introduced and referred : 12 Digitized by Google 90 JOUBNAL OF THB CONSTITUTIONAL OONVBNTION. By Mr. Wysob, No. 124, relating to the concluding clause of the preamble to the new Constitution, to the Committee on Preamble and Bill of Rights. By Mr. Lindsay, No. 125, relating to punishment under the laws of the State, to the Committee on Legislative Department. By Mr. Waddill, No. 126, to consider the advisability of es- tablishing schools of manual training, to the Committee on Education and Public Instruction. By Mr. Gordon, of Richmond, No. 127, to reduce the home- stead exemption, and circumscribe the property and debts as to which it shall be claimed, to the Committee on Preamble and BUI of Rights. By Mr. McIlwainb, No. 128, in reference to abolishing the life tenure system in State educational institutions, to the Committee on Education and Public Instruction. By Mr. Ayers, No. 129, prohibiting the appointment of rela- tiveg to oflSce by county judges, officers and boards, to the Com- mittee on Preamble and Bill of Rights. By Mr. Gordon, of Nelson, No. 130, to amend section 13 of the Bill of Rights, to the Committee on Preamble and Bill of Rights. By Mr. Wysor, No. 131, declaring that the people alone are sovereigns, and members of Constitutional Conventions merely their representatives, to the Committee on Preamble and Bill of Rights. Mr. Richmond oflFered the following resolution and asked its immediate consideration, which was agreed to. Resolved, That when the Convention adjourn to-day, it ad- journ to meet at 12 M. on Tuesday the 9th of July, 1901, and on motion it was rejected by the following vote — ayes, 35; noes, 47. On motion of Mr. Flood the vote was recorded as follows : Atbeh- M688T8. Ayers, Barbour, Bolen, Brown, Carter, Ghapmaii, Oobb, Daniel, Gamett, Gillespie, Green, Gregory, Gwyn, Hatton, Hooker, Claggett B. Jones, G. W. Jones, Lincoln, Lovell, Meredith, Miller, Moncure, Thomas L. Moore, Mandy, Orr, Pedigo, Quarles, Richmond, Smith, Summers, Thom, Walker, Walter, Wise and Woodhouse— 35. NoiB— Messrs. Georee K. Anderson, W. A. Anderson, Barham, M. H. Barnes, Blair, Boaz, Bouldin, Braxton, Brooke, P. W. Campbell, Crismond, Davis, Dana- way, Eggleston, Epes, Flood, Gilmore, James W. Gordon, R. L, Gordon, Hamil- ton, Hancock, Hardy, Hubard, Hunton, Ingram, Kendall, Lindsay, MarshalU Mcllwaine, R. Walton Moore, Newton, Parks, Phillips, Pollard, Rives, Robert- son, Stuart, Thornton, Tumbull, Vincent, Waddill, Watson, Weecott, WiUia, Wysor, Yancey and Mr. Pre8idenW47. Mr. Gordon, of Nelson, announced that he was paired with Mr. O'Flajhbbty, and that if Mr. O'Flaherty were present he would vote aye, and he would vote nay. Mr. BoAz moved to adjourn, which was rejected. Digitized by Google JOUBNAL OF THB CONSTITUTIONAL OONVBNTIOK. 91 Mr. Richmond then offered the following resolution : Resolved, That when the Convention adjourn to-day, it ad- journ to meet at 12 o'clock M., on Tuesday the 9th of July, 1901, and that the members and employees receive no pay dur- ing said recess, which was rejected by the following vote — ayes, 38 ; noes, 43. And on motion or Mr. Flood the vote was recorded as follows : Atsb— Messrs. W. A. Anderson, Ayers, Barbonr, Bolen, Brown, Ohapman, Daniel, Davis, Gamett, Qillespie, Green, Greflory, Gwyn, Hardy, Hatton, Hooker, ClagK^tt B. Jones, G. W. Jones, Lincoln, Lovell, Meredith, Miller, Moncare, Thomas L. Moore, Mandy, Orr, Pedigo, Pollard, Qoarles, Richmond, Smith, Summers, Thorn, Walker, Walter, Wise, Woodhonse and Yancey—- 38. Noss — Messrs. Geo. K. Anderson, Barham, M. H. Barnes, Blair, Boaz, Booldin, Braxton, Brooke, P. W. Campbell, Carter, Crismond, Dnnaway, Eggleston, Epes, Flood, Qilmore. James W. Gordon, R. L. Gordon, Hamilton, Hancock, Hubard, Hnnton, Ingram, Kendall, Lindsay, Marshall, Mcllwaine, R. Walton Moore, Newton, Parks, Phillips, Rives, Robertson, Stuart, Thornton, Tumbull, Vincent, WaddiU, Watson, Weeoott, Willis, Wysor and Mr. President— 43. Mr. GrORDON, of Nelson, announced that he was paired with Mr. O'Flahbrty, and that if he were present he would vote aye, and he would vote nay. Leave of absence was granted to the following members : To Mr. JoKBS, of Pittsylvania, for three days, on motion of Mr. Grben. To Mr. Aybrs, one week without pay, on motion of Mr. Mbrbdith. To Mr. BoLBN, four days without pay, on motion of Mr. Barham. To Mr. Davis, five days, on motion of Mr. Blair. To Mr. Pbttit, one week, on motion of Mr. Gordon, of Louisa. To Mr. Andbrson, of Rockbridge, four days, on motion of Mr. GiLMORE. To Mr. Gwyn, five days, on motion of Mr. Jones, of King and Queen. To Mr. QuARLES, three days, on motion of Mr. Lindsay. To Mr. Barbour, six days, on motion of Mr. Crismond. To Mr. Pedigo, five days, on motion of Mr. Walter. To Mr. Tarry, two days, on motion of Mr. Turnbull. To Mr. Smith, five days, on motion of Mr. Thornton. Mr. Walker, from the Committee on Accounts and Expendi- tures of the Convention, reported, with amendments. Resolu- tion No. 123, requiring elevator to be operated until 6 o'clock P. M. On his motion the amendments proposed by the com- mittee were agreed to, and the resolution as amended was adopted. On motion of Mr, Flood, the Convention adjourned. Digitized by Google 92 JOURNAL OF THE OONSTITUTIONAL OONTENTIOV. MONDAY, JULY 1, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. Richard Mcllwaine, of the Presbyterian church. The roll of the Convention was called, and the following members were present and answered to their names : Mesira. Blair, Boax, Bolen, Boaldin, Braxton, Garter, Chapman, Daniel, Dima- away, Epee, Flood, Gamett, Gilmore^ B. T. Gordon, James W. Gordon* B. L Gordon, Gregory, Hamilton, Hardy, Hatton, Hooker, Hanton, Ingram, Kendall, LoTell, Marshall, Mcllwaine, Meredith, Miller, R. Walton Moore, liiomaa L Moore, Mundy, Newton, Orr. Parks, Pediso, Pollard, Richmond, RiTes, Robesiaon, Stuart, Shmmers, Thom, Waddill, Walker, Walter, Watson, Weecott, Wise, Wysor, Yancey and Mr. JPresident— 52. The journal of Saturday's proceedings was read and approved. Mr. Gordon, of Nelson, requested that the leave of absence granted Mr. Bolbn on Saturday, begin next Wednesday, which was agreed to. On motion of Mr. Danibl, leave of absence was granted Mr. Glass for six days on account of sickness. The following resolutions and ordinances were introduced and referred : By Mr. Dunaway, No. 132, to restrict appropriations to State institutions, to the Committee on Public Institutions and Prisons. By Mr. Pollard, No. 133, to amend section 18 of the Bill of Rights, by striking out the word '* Christian," to the Comnoiittee on Preamble and Bill of Rights. By Mr. Waddill, No. 134, to encourage manufactories and other enterprises of public utility, to the Committee on Taxa- tion and Finance. By Mr. Mundy, No. 135, requesting the superintendent of the penitentiary to furnish certain information, to the Com- mittee on Public Institutions and Prisons. Mr. Walter presented a memorial of negro citizens of Orange county, in reference to the division of the school fund, referred to the Committee on Education and Public Instruction. On motion of Mr. Braxton the Convention adjourned. Digitized by Google JOUBNAL OF THE CONSTITUTIONAL CONVENTION. TUESDAY, JULY 2, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. J. R. Ellis, of the Protestant Episcopal church. The roll of the Convention was called and the following mem- bers were present and answered to their names : MooBTB. Barham, M. H. Bamee, Blair, Boas, Botddin, Braxton, Briitow, Brooke, Brown, Cameron, Clarence J. Campbell, P. W. Campbell, Carter, (^bb, Cris- mond, Daniel, DunawaT> Eggleeton. Epes, Fairfax, Fletcher, Flood, Garnett, Gilmore, Gillespie, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Gregory, Hamilton, Hancock, Hardy, Hatton, Hooker, Hnbard, Hnnton, Ingram, Claf^tt B. Jones, Kendall, Lindsay, Lovell, Marshall, Mcllwaine, Mer^ith, Miller, Moncnre, R. Walton Moore, Thomas L. Moore, Mundy, Newton, CVFlah- ertT> Orr, Parks, Pedigo, Phillips, Pollard, Portlock, Quarles, Richmond, Rives, Robertson, Stebbins, Stoart, Summers, Thom, Thornton, Tnrnbull, Vincent, Wad- dill, Walker, Walter, Watson, Weeoott, Willis, Wise, Woodhoose, Wysor, Yancey and Mr. President— 80. The journal of yesterday's proceedings was read and ap- proved. Mr. O 'Flaherty oflFered the following resolution and asked its immediate consideration, which was agreed to : Resolved, That it is the sense of the Convention that the ma- terial interests of the State should be taken into consideration by the Convention, as far as practicable, and that everything should be done that is possible to encourage and foster the agri- cultural and manufacturing interests of the State ; therefore, the President of the Convention be, and he is, hereby authorized to appoint a committee of eleven members, one from each of the Congressional districts of the State and one from the minority party of the Convention, to be known as the Commit- tee on Agricultural, Manufacturing and Industrial Interests and Immigration. — and on his motion, the resolution was adopted by the follow- ing vote— ayes, 50; noes, 12. The following resolutions and ordinances were introduced and referred : By Mr. Pedioo, No. 136, relating to suffrage, to the Com- mittee on Elective Franchise. By Mr. Hookkr, No. 137, to maintain and repair public roads by taxation, to the Committee on Taxation and Finance. By Mr. Vincent, No. 138, relating to the granting of liquor licenses, to the Committee on Legislative Department. By Mr. Tukkbui Ayere, Barbour, Barham,M. H. BiiaeB, fiUir, Boaz, Bolen, Booldin, Braxton, Bristow, Brooke, Cameron. P. W. OuiiDfaell, Outer, Cobb, OriBmond, Danaway, Earman, Effgleeton, Epee, Fairfkz, ^mber, Flood, Gamett. Gilmore, B. T, Gordon, James W. Gordon, R. L. Gor- don, Gieen, Gregory^ Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, In^raiD, G.w. Jones, Kendall, Lawson, Lindsay, Lovell, Marshall, Mo- Bwaine, Meredith, Miller, Moncnre, R. Walton Moore, Mnndy, 0' Flaherty, Orr, Buki,P6d]«o, Pettit, Phillips, Pollard, Portlock, Qoarles, Richmond. Rives, ^bertson. Smith, Stoart, Summers, Tarry, Thorn, Tnmbnll, Waddill, Walker, Wition, Wesoott, Willis, Wise, Withers, Woodhonse, Wysor, Yancey, Mr. Pree- ideiit--8L The journal of yesterday's proceedings was read and ap- proved. The following resolutions and ordinances were introduced and referred : By Mr. Hamilton, No. 198, to amend Article X, section 1, of the Constitution, to the Committee on Taxation and Fi- nance. By Mr. Earman, No. 199, to empower the General Assembly to charter mission boards, to the Committee on Legislative De- partment. By Mr. Habbison, No. 200, limiting the right of religious associations or the church to hold property, to the Committee onL^lative Department. By Mr. Wise, No. 201, to authorize any city or town to ap- propriate money for the use and benefit of any non-sectarian manual training school, school of technology, etc., to the Com- Jnittee on Organization and Gtovernment of Cities and Towns, I^aye of absence was granted the following members : Mr. Lincoln, three days, on motion of Mr. Aybrs ; Mr. Bainm, of Nansemond, three days, on motion of Mr. Lawson. On motion of Mr. Gordon, of Nelson, the Convention ad- journed. Digitized by Google 112 JOUBKAL OF THE CONSTITUTIONAL OONVENTIOK. SATURDAY, JULY 20, 1901. The Convention assembled at 12 o'clock M. The President pro tern., Mr. Anderson, in the chair. Prayer by Rev. Dr. George Cooper, of the Baptist church. The roll of the Convention was called and the following mem- bers were present and answered to their names. Measra. Georae K. Anderson, W. A. Anderson, Ayers, Barbour, Bartiam, M. H. Barnes, Blair, Boaz, Bolen, Boaldin, Braxton, Bristow, Cameron, P. W. Gampbell, . Carter, Cobb, Crismond, Daniel, Davis, Dnnaway, Earman, Epee, Flood, Gsjnett, Gilmore, James W. €k)rdon, R. L. Gordon, Green. Gregory, Gwyn, Haneock, Hardy, Hatton, Hooker, Habard, Ingram, Kendall, Lindsay, Marshall, McnwtiM, Meredith, Miller, Moncnre, R. Walton Moore, Thomas L. Moore, Mondy, O'Fb* herty, Orr, Pedigo, Pettit, Phillips, Pollard, Portlock. Qoarles, Richmond, Rob- ertson, Staart, Summers, Tarry, Thom, Waddill, Walker, Wesoott, Willis, Wise^ Withers, Wysor, and Mr. President— 6& The journal of yesterday's proceedings was read and ap- proved. The following resolutions and ordinances were introduced and referred : By Mr. McIlwainb, No. 202, to regulate divorce proceedings, to the Committee on Legislative Department. By Mr. Bristow, No. 203, relating to the taking or catching of fish, oysters, and other shell-fish on the public rocks and fishing grounds in the waters of the Commonwealth, to the Committee on Legislative Department. By Mr. Earman, No. 204, to prohibit the improper use of the public free school fund, to the Committee on Education and Public Instruction. By Mr. Quarles, No. 205, relating to 'the appointment of commissioners to prepare the general statutory laws contem- plated by the new Constitution, to the Committee on Legisla- tive Department. Mr. Summers, by request, introduced the following resolu- tion, which was referred to the Committee on Accounts and Expenses : "Whereas the janitors in attendance upon the Convention are kept at their posts of duty extra hours, frequently until after eleven o'clock at night, waiting upon the committees at their night sessions ; be it Resolved, by the Convention, That said janitors be paid $ per month in addition to their salaries for their extra services." — which was referred to the Committee on Accounts and Ex- penses. Mr. Green, from the Committee on Preamble and Bill of Rights, made a report, which, on his motion, was ordered to lie on the table and be printed for the use of the Convention. Digitized by Google JOUBKAL OP THE CONSTITUTIONAL OONVBNTION. 118 Leave of absence was granted the following members : Mr. Barham, two days, on motion of Mr. Bolen ; Mr. Gk)B- DON, of Nelson, three days, beginning to-day, on motion of Mr. BoAZ ; Mr. Bristow, three days, on motion of Mr. Garnett ; Mr. Pare:8, two days, on motion of Mr. Anderson, of Alle- ghany ; Mr. Watson, two days, beginning to-day, on motion of Mr. Ingram ; Mr. Phillips, five days, on motion of Mr, Moore, of Montgomery ; Mr. Lawson, two days, beginning to-day, on motion of Mr. Garnett. Mr. Daniel, arising to a question of personal privilege, stated that he had been unavoidably detained from the Conven- tion two days, and on motion of Mr. McIlwaine he was ex- cused. On motion of Mr. Braxton the Convention adjourned. MONDAY, JULY 22, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. Richard McIlwaine, of the Presbyterian church. The roll of the Convention was called and the following mem- bers were present and answered to their names : MeflBTB. Geo. K. Andenon, W. A. Anderson, Ayen, M. H. Bamee, Biair, Boai, 3olen, Bonldio, Braxton, Brooke, Cameron, P. w. Oampbell, Carter, Chapman, Driamond, Daniel, Dayia, Danaway, Earman, Epee, Garnett, Gilmore, James W. cordon, R. L. Gordon, Green, Gregory, Gwyn, Hancock, Hardy, Hooker, Hubard, Innton, Infrram, Olaggett B. Jones, Marshall, McIlwaine, Meredith, Miller, diomas L. Moore, Mnndy, CFlaberty , Orr, Pedigo, Pettit, Pollard, Portlock, inarlee, Bicbmond, Robertson, Smith, Stebbins, Summers, Tarry, Thom, Thom- on, Vincent, Waddill, Walker, Wescott, Willis, Wise, Withers, Wysor, Mr. ^reaidentr— 64. The journal of Saturday's proceedings was read and approved. The following resolutions and ordinances were introduced and eferred : By Mr. Richmond, No. 206, to inquire into the expediency of squiring all able bodied persons between the ages of sixteen nd sixty to work on the public roads, to the Committee on Organization and Government of Counties. By Mr. Bouldin, No. 207, relating to the qualifications of lectors, to the Committee on Elective Franchise. By Mr. Andbbson, of Alleghany, No. 208, providing a suf- •age system for the Commonwealth, to the Committee on Elec- ve Franchise. By Mr. Bbookb, No. 209, relating to the organization and 15 Digitized by Google 114 JOUBKAL OF THB 00K8TITUTI0KAL OONVBKTIOK. goyernment of cities and towns, to the Committee on Organiza- tion and Goyernment of Cities and Towns. By Mr. Hubard, No. 210, instructing Franchise Committee to inquire into the expediency of enfranchising female descen- dants of Confederate soldiers, to the Committee on Electm Franchise. Mr. HuBARD, by request, presented to the Convention a draft of a Constitution prepared by Mr. Camm Patteson, which was referred to the Committee on Preamble and Bill of Rights. The Presidbnt laid before the Convention a memorial of the Bedford Temperance League, praying careful consideration of resolution No. 145, regulating the liquor traflSc, which was re- ferred to the Committee on the Legislative Department. Leave of absence was granted the following members : Mr. Robertson, three days, beginning to-morrow, on motion of Mr. Marshall. Mr. Glass, indefinite leave on account of sickness, on motion of Mr. Danibl. On motion of Mr. Carter the Convention adjourned. TUESDAY, JULY 23, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. W. F. Dunaway, of the Baptist church. The roll of the Convention was called, and the following members were present and answered to their names : MeesTB. W. A. Anderson, Avers, Barboar, M. H. Bamee, Thomas H. Barnes, Blair, Boaz, Bolen, Bonldin, Braxton, Brooke, Brown, Gameron, P. W. Oampbell, Garter, Chapman, Cobb. Crismond, Daniel, Uavis, Donaway, Earmtf, ^gleston, Epes, Flood, Gamett, Gilmore, James W. 6k>rdon, B. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Hatton, Hooker, Hubard, Hontoc Ingram, Claggett B. Jones, G. W. Jones, Kendall, Lincoln, Lindsay, Lovell, Uu- shall, Mcllwaine, Meredith, Miller, Moncnre, R. Walton Moore, Th<»nifl I» Moore, Mondy, CFlahertV; Orr, Pedigo, Pettit, Pollard, Portlock, Qoarles, Rich- mond, Rives, Smith, Stebbms, Stnart, Summers, Tarry. Thom, Thornton, Tan* boll, Vincent, Waddill, Walker, Watson, Wescott, Willis, Wise, Withers, Wood- house, Wysor, Yancey, and Mr. Presidentr-SS. The journal of yesterday's proceedings was read and ap- proved. The following resolutions and ordinances were introduced and referred : By Mr. Blair, No. 211, exempting property of ex-Confederate soldiers from taxation, to the Committee on Taxation and Finance. By Mr. Chapman, No. 212, making it the duty of the corn- Digitized by Google JOURNAL OF THB OONSTITUTIOKAL OOKVBKTIOK. 115 missioner of the revenue to have a list of the total amount assessed to each person printed and posted at the court- house of each county, etc., to the Committee on Taxation and Finance. By Mr. Braxton, No. 213, in reference to providing separate suffrage regulations for the eastern and western portions of the State, to the Committee on Elective Franchise. By Mr. Braxton, No. 214, against the proposed division of the school fund between the negroes and the whites, to the Committee on Education and Public Instruction. By Mr. Braxton, No. 215, limiting civil juries to seven, of whom a majority may render a verdict, to the Committee on Judiciary. By Mr. Braxton, No. 216, for the establishment of the Tor- rens system of registering land titles, to the Committee on the Legislative Department. The President laid before the Convention the following com- munication, which, with the accompanying document, was, on motion of Mr. Cameron, referred to the Committee on Taxation and Finance, and ordered to be printed as Document No. 6. Richmond, Va., July 23, 1901. To the Convention : Under a resolution adopted July 9th, I was instructed to communicate with the clerks of the courts of the counties and cities of the Commonwealth, and obtain from them the follow- ing information : All the property, real and personal, now ex- empted from taxation in their respective counties and cities, with statement and classification of the causes of such exemp- tion. Most of the clerks replied to my letter, but many of them informed me that they had no means of ascertaining the amount of the exemptions, and the others merely estimated the amount. I have tabulated the returns for the use of the Convention. Respectfully, JOS. BUTTON, Secretary. Leave of absence was granted the following members : Mr. Newton, one week, on motion of Mr. Meredith ; Mr. Gillespie, three days' extension, on motion of Mr. Aters ; Mr. Akdbbson, of Alleghany, to-day, on motion of Mr. Pettit. Mr. Pettit, from the Committee on Preamble and Bill of Sights, presented a minority report, which was, on his motion, ordered to lie on the table and be printed. Mr. Withers, from the Committee on Reduction of Ex- X>ense8, made a report, which was referred to the Committee on Digitized by Google 116 Jotj^At 0^ tHM ooKsTmmoirAL ooirvBKTtoK. the Executive Department, and, on motion of Mr. O'Flahbrty, ordered to be printed. On motion of Mr. Gordon, of Richmond, the Convention adjourned. WEDNESDAY, JULY 24, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. W. R. L. Smith, of the Baptist church. The roll of the Convention was called and the following mem- bers were present and answered to their names : Measn. George E. Anderson, W. A. Anderson, Ayers, Barboor. M. H. Bamei, Thomas H. Barnes, Boaz, Bolen, Bouldin, Braxton, Bristow, Brooke, Brown, Cameron, Clarence J. Campbell, P. W. Campbell, Carter, Chapman, Cobb, (>»• mond, Daniel, Daris, Dunaway, Earman, Eggleston, Epes, Fairfax, Fletcher, Flood, Gilmore, B. T. Gordon, James W. Cfordon, R. L. Grordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Hatton, Hubard, Hunton, Ingram, Clsi|;eU B. Jones, G. W. Jones, Kendall, Lincoln, Lindsay, Lovell, Marshall, McHwame, Meredith, Miller, Moncnre, R. Walton Moore, Thomas L. Moore, Mondy, O'Flaherty, Orr, Parks, Pedigo, Pettit, Pollard, Portlock, Qaarles, RicbmoDd, Rives, Smith, Stebbins, Stoart, Sammers, Tarry, Thom, Thornton, Tamball, Waddill, Walker, Watson, Wescott, Willis, Wise, Withers, Woodhoose, Wysor, Yancey, Mr. President— 86. The journal of yesterday's proceedings was read and ap- proved. The following resolutions and ordinances were introduced and referred : By Mr. Hancock, No. 217, in relation to apportionment of members of the House of Delegates, to the Committee on Leg- islative Department. By Mr. Hancock, No. 218, in relation to the poll-tax, to the Committee on Taxation and Finance. By Mr. Hancock, No. 219, in relation to a property qualifi- cation for voters, to the Committee on Elective Franchise. By Mr. Watson, No. 220, to regulate suffrage and fix the elective franchise, to the Committee on Elective Franchise. By Mr. Cameron, No. 221, to amend section 8, Article 4, of the present Constitution, in relation to the veto power of the Governor, to the Committee on the Executive Department. By Mr. Hatton, No. 222, to provide for revision, indexing, etc., of public laws of the Commonwealth, to the Committee on Legislative Department. By Mr. Hubard, No. 223, relating to taxation of real and personal property, to the Committee on Taxation and Finance. Digitized by Google JOUBNAL OP THB OONSnTUTIONAL OOKVENTIOK. 117 On motion of Mr. Lindsay, ordinance No. 125 was also re- ferred to the Committee on Public Institutions and Prisons. Leave of absence was granted the following members : Mr. Lawson, one week, on motion of Mr. Babnbs, of Nanse mond. Mr. Marshall, one day (to-morrow), on motion of Mr. Withers. Mr. Brookb, four days, beginning to-morrow, on motion of Mr. Thom. Mr. O'Flaherty offered the following resolution and asked its immediate consideration, which was agreed to : Resolved, That the Auditor of Public Accounts be instructed to furnish the Convention, as soon as possible, statements show- ing the amount of money appropriated annually, to what is known as the civil contingent fund, for the last twenty years ; and also an itemized statement showing the disbursement of the same during the same period , and for what purposes ; also a statement showing what appropriations have been made by the Legislature for the same period for the repair, improvement, or maintenance of the executive mansion, or for furnishing the same, or for any other purpose connected with the maintenance of the Governor's mansion or grounds. — and on his motion it was adopted. On motion of Mr. Hancock, the vote by which the above res- olution was adopted, was reconsidered — ayes, 42 ; noes, 27. On motion of Mr. O'Flahbrty the vote was recorded as follows : Atbb— Messrs. George K. Anderson, W. A. Anderson, Ayers, Boaz, Bolen, JBonldin, Brooke, Brown, P. W. Campbell, Carter, Cobb, Daniel, Eggleston, Epes, FairfiuE, Fletcher, Flood, B. T. Gordon, R. L. Gordon, Gregory, Gwjrn, Hancock, Hardy, Hatton, Hanton, Claggett B. Jones, Kendall, Lovell, Meredith, Moncare, R. Walton Moore, Parks, Pedigo, Portlock, Smith, Stnart, Thom, Thornton, Tamball, Waddill, Watson, Wo^honse, Wysor, and Mr. President— 44. NosB — Messrs. Barboar, M. H. Barnes, Braxton, Cameron, Clarence J. Camp- bell, Chapman, Crismond, Davis, Danaway, Earman.Gilmore, James W. Gh>rdon, Green, Hamilton, Hnbard, Ingram, G. W. Jones, Lincoln, Lindsay, Marshall, Mcllwaine, Miller, Thomas L. Moore, Mandy, O'Flaherty, Orr, Pettit, Pollard, Qaaiiee, Richmond, Rives, Stebbins, Summers, Tarry, Walker, Wescott, Withers, and Yancey— 88. The vote then being put on the resolution, it was adopted by the following vote — ayes, 44 ; noes, 35. Mr. Withers, from the Committee on Reduction of Expenses, made a report which was referred to the Committee on Legisla- tive Department, and on motion of Mr. Marshall was ordered to be printed. On motion of Mr. Moorb, of Fairfax, the Committee on Leg- islative Department was discharged from further consideration Digitized by Google 118 JOURNAL OV THB OONSnTUTIONAL OONVBKTIOK. of resolution No. 203, and it was referred to the Committee on Taxation and Finance. The President laid before the Convention an invitation from the Lakeside County Club, extending to the Convention the privileges of the club, which was, on motion of Mr. Aysrs, ac- cepted with thanks. On motion of Mr. MoIlwaine the Convention adjourned. THURSDAY, JULY 25, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. W. B. Beauchamp, of the Methodist Episcopal church. The roll of the Convention was called and the following mem- bers were present and answered to their names : Meesn. Geon» K. Andenon, W. A. Anderson, Barbour, Barham, Thomaa H. Bamee, Blair, Soaz, Bolen, Boaldin, Braxton, Briiitow, Brown, Oameron, P. W. Oampbell, Oartor, Chapman, Crismond, Daniel, Davis, Donaway, Earman, Epes, Fair&Lx, Fletcher, Flood, Gamett, Gilmore, B. T. Gordon^ James W. Gordon, R. L.Gordon, Green, Gregory, Hamilton, Hancock, Harrison. Hatton, Habard, Hnnton. Inmm, Clagrott B. Jones, G. W. Jones, Kendall, Lindsay, Lovell, Mcllwame, Meredith, Miller, Moncure, R. Walton Moore« Thomas L. Moore, Mondy, OTlaherty, Orr, Parks, PediRO, Pollard, Quarles, Richmond, Riree, Bob- ertson. Smith, Stebbins, Stuart, Sammers, Tarry, Thom, Thornton, Tamboll, Vincent, Walker, Watson, Weecott, Willis, Wise, Withers, Woodhouse, Wjrsor. and Mr. President— 7S. The journal of yesterday's proceedings was read and ap- proved. The Prbsidbnt laid before the Convention the following telegram : . Williamsburg, Va., July 25, 1901. Hon. John Gtoodk, Richmond, Va. ''The Committee on Public Institutions and Prisons are hold- ing a meeting here to-day. Please have some one move that the members be excused." (Signed) R. A. Ayers, Chairman. On motion of Mr. Daniel the request was granted. The following resolutions and ordinances were introduced and referred : By Mr. Robebtson, No. 224, relating to homestead exempt tion, to the Committee on Preamble and Bill of Rights. By Mr. Earman, No. 225, relative to the free schools of the] State I to the Committee on Education and Public InstructioD. ' Digitized by Google JOUBNAL OV THB CX>N8TITnnONAL OOKYBNTIOK. 119 By Mr. 'Parks, No. 226, relating to the qualification of electors, to the Committee on Elective Franchise. By Mr. Rives, No. 227, to institute a bureau of immigration, to the Committee on Agricultural, Manufacturing and Industrial Interests and Immigration. By Mr. Wysor, No. 228, making all officers ineligible to succeed themselves except judicial officers, to the Committee on Preamble and Bill of Rights. By Mr. Boaz, No. 229, to amend Article X, section 1, of the Constitution, relating to taxation, to the Committee on Taxa- tion and Finance. Mr. Danisl, on behalf of the sub-committee of the Com- mittee on the Elective Franchise, asked permission for the sub- committee to sit during the session of the Convention, which was granted. Mr. Robertson presented a petition from the merchants and manufacturers of the State, praying for an amendment to Ar- ticle XI, of the Constitution, relating to the homestead exemp- tion, which was referred to the Committee on Preamble and Bill of Rights. Mr. Anderson, of Alleghany, presented a similar petition from the business men and citizens of Clifton Forge, which was referred to the Committee on Preamble and Bill of Rights. Mr. Stebbins, from the Committee on Reduction of Expenses, made a minority report, which was referred to the Committee on the Executive Department. On motion of Mr. O'Flahsrtt the Convention adjourned. FRIDAY, JULY 26, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. W. V. Tudor, of the Methodist Episcopal church. The roll of the Convention was called, and the following members were present and answered to their names : MeeBTB. George E. Anderson, W. A. Anderson, Ayera, Barboar, Barham, Thomas BL Barnes, Blair, Boaz, Bolen, Boaldin, Braxton, Bristow, Brown, Cameron, Claienoe J. Gampbell, P. W. Campbell, Carter, Chapman, Cobb, Crismond, Daniel, Davis, Danaway, Barman, Eg^leston, Epee, Fairfitx, Fletcher, Flood, Gamett, Gilmore, B. T. Gtordon, James W. Gordon, R. L. Gordon, Gregory, Gwyn, Hamil- ton,'Hancock, Hardy, Hatton, Hooker, Habard, Honton, Ingram. Cli^mlt B. Jones, G. W. Jones, Kendall, Lincoln, Lindsay, Lovell, Manhall, Mcllwaine, Meredith, Miller, Moncare, R. Walton Moore, Thomas L. Moore, Mandy, CFla^ herty, Orr, Parks, Pedigo, Pollard, Portlock, Qnarles, Richmond, Rives, Robertson, SmiuL Stebbins, Staaft, Sammers, Tarrv, Thom, Thornton, Tumball, Vincent, Waddill, Walker, Watson, Westcott, Willis, Wise, Withers, Wpodhpuse, Wysor, Ya&cey» and Mr. President.—^. Digitized by Google 120 JOUBNAL OV THB OOKSTITUTIONAL OONYBNTIOK. The journal of yesterday's proceedings was read and ap- proved. The following resolutions and ordinances were introduced and referred : By Mr. Pkdigo, No. 230, relating to the submission to the people of the proposed amendments to the Constitution, to the Committee on Preamble and Bill of Rights. By Mr. Hancock, No. 231, relating to the veto power of the Governor, to the Committee on the Executive Department. By Mr. Hancock, No. 232, relating to the calling of extra sessions of the General Assembly, to the Committee on the Executive Department. By Mr. Turnbull, No. 233, in reference to the appointment of keeper of rolls, etc., to the Committee on Legislative De- partment. By Mr. Goode, No. 234, directing inquiry into the expediency of providing by law for an accurate topographical and geologi- cal survey of the entire area of the State, so as to furnish a full exposition of its natural resources, to the Committee on Agri- cultural, Manufacturing and Industrial Interest and Immigra- tion. Leave of absence was granted to the following members : Mr. Earman, three days, beginning to-morrow, on motion of Mr. SUMMEKS. Mr. Keezbl, indefinite leave, on motion of Mr. Faikfax. Mr. Hatton offered an amendment to the report of the Com- mittee on Preamble and Bill of Rights, which was on his motion, ordered to lie on the table and be printed. Mr. Braxton offered an Amendment to the report of the Com- mittee on Preamble and Bill of Rights, which was on his motion, ordered to lie on the table and be printed. Mr. Moore, of Fairfax, offered an amendment to the report of the Committee on Preamble and Bill of Rights, which .was on his motion, ordered to lie on the table and be printed. Mr. Ayers offered the following : Resolved, That a warrant for forty-eight and twenty-one one-hundred ths dollars be issued to pay the expenses of the Committee on Public Institutions and Prisons, visiting Wil- liamsburg, to inspect and examine the management of the public institutions at that place. — which was referred to the Committee on Accounts and Expenses. Mr. Lincoln presented a petition, by request, from teachers and representatives of teachers league, in session at Marion, Va., which was referred to the Committee on Education and Public Instruction. On motion of Mr. Moore, of Fairfax, the Committee on the Digitized by Google JOUBNAL OF THB OONSnTUTIONAL OONVBKTION. 121 Legislative Department was discharged from further consider- ation of resolution No. 216, and it was referred to the Commit- tee on Judiciary. On motion of Mr. Danibl the Committee on the Elective Franchise was granted permission to sit during the sessions of the Convention. The Pbbsident laid before the Convention an invitation from the board of governors of the ** Deep Run Hunt Club," extend- ing the privileges of the club house and grounds to the mem- bers of the Convention, which was, on motion of Mr. Watson, accepted with thanks. On motion of Mr. Summers the Convention adjourned. SATURDAY, JULY 27, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. Richard McIlwainb, of the Presbyterian church. The roll of the Convention was called, and the following members were present and answered to their names : Meeers. George E. Anderaon, W. A. AnderBon, Ayen, Barboar, Barham, M. H. Barnes, Thomas H. Barnes, Blair, Boaz,Bolen,BoaldiD, Braxton, Bristow, Brown, Oameron, P. W. Campbell, Carter, Chapman, Cobb, Crismond, Daniel, Davis, Dnnaway, Epes. Fletcher, Flood, Gamett, Gilmore, B. 'I\ Grordon, James W. Gror- don, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatlon, Hooker, Hubard, Ingram, Claggett B. Jones, G. W. Jones, Kendall, Lin- coln, lindsav, Lovell, Mcllwaine, Meredith, Miller, Moncare, Thomas L. Moore, Mnndy. 0*Flaherty, Orr, Parks, Pedigo, Pettit, Pollard, Portlock, Richmond, Riyee, Robertson, Smith, Stnart, Summers, Tarry, Thorn, Thornton, Tambnll, Waddill, Walker, Watson, Willis, Wise, Withers, Wysor, Yancey, and Mr. Pres- ident-^. The journal of yesterday's proceedings was read and ap- proved. Mr. SuMMBBS presented resolution No. 235, prescribing the oath to be taken by all persons before entering upon the dis- charge of any function, as an officer of the State, which was referred to the Committee on Judiciary. Mr. DuNAWAY, by request, presented a petition from the members of the Dover Baptist Association, to incorporate into the new Constitution a provision prohibiting the State and cities, or other political sub-divisions of the State, from appro- priating any public fund to any sectarian institute, which was referred to the Committee on the Legislative Department. Mr. BoAZ presented a petition from the Chamber of Com- merce, of Charlottesville, Va., relating to the exemption laws, 16 Digitized by Google 122 JOURNAL OF THB OONSTITUTIONAL OOKVBKTIOK. which was referred to the Committee on Preamble and Bill of Rights. Mr. Chapman offered the following resolution and asked its immediate consideration, which was agreed to : *' Whereas the Convention has purchased many valuable books and records at considerable expense, and further, as such books and records would be a valuable addition to the State library ; therefore, be it Resolved, That the Secretary of the Convention be required to keep an inventory of such books and records as purchased, and turn them over to the State library, with an inventory, at close of the session." — and on his motion the resolution was adopted. Leave of absence was granted Mr. Marshall for one day, on motion of Mr. Robertson. • Mr. Gordon, of Richmond, offered an amendment to the re- port of the Committee on Preamble and Bill of Rights, which, on his motion, was ordered to lie on the table and be printed. Mr. Withers, from the Committee on Reduction of Expenses, made a report which was referred to the Committee on the Judi- ciary, and on motion of Mr. Turnbull it was ordered to be printed. On motion of Mr. Barham the Convention adjourned. MONDAY, JULY 29, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. W. F. DuNAWAY, D. D., of the Baptist church. The roll of the Convention was called, and the following members were present and answered to their names : Messrs. Geo. E. Anderson, W. A. Anderson, Ayers, Barboar, Barham, Thomaa H. Barnes, Blair, Boaz, Bolen, Booldin, Braxton, Brown, Ouneron, P. W. Oamp- bell, Carter, Chapman, Daniel, Davis, Donaway, Eggleston, Epes, Fletcher, Flood, Garnett, Gillespie, B. T. Gordon, James W. Gordon, Green, Grs^Eory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Habard, Hnnton, In- gram, Claggett B. Jones, G. W. Jones, Kendall, Lincoln, Lovell, Mcllwaine, Meredith, Miller, Thomas L. Moore, Mondy, O'Flaherty, Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Richmond, Rives, Robertson, Sammer£ Tar^, Thorn, Thornton, Turnbull, Waddill, Walker, Watson, Wise, Withers, Wysor, Tanoey, and Mr. President— 72. The journal of Saturday's proceedings was read and ap- proved. Mr. Wysor offered an amendment to the report of the Com- Digitized by Google JOUBNAL OF THB OONSnTUTIONAL OONYBKTION. 123 mittee on Preamble and Bill of Rights^ which was, on his motion, ordered to lie on the table and be printed. Mr. Pedigo presented resolution No. 236, to provide 'ways and means to discharge obligations to Confederate soldiers, sailors, and marines, which was referred to the Committee on Taxation and Finance. Mr. Ingram presented resolution No. 237, for right of local self-government for cities and towns, which was referred to the Committee on Organization and Government of Cities and Towns. Mr. Moore, of Montgomery, offered an amendment to the report of the Committee on Preamble and Bill of Rights, which was, on his motion, ordered to lie on the table and be printed. Mr. Thom presented a petition from the Board of Trade, of Norfolk, Virginia, relating to the exemption laws, which was referred to the Committee on Preamble and Bill of Rights. Mr. Harrison offered the following resolution and asked its immediate consideration, which was agreed to : " Resolved, That the Auditor of Public Accounts be requested to inform the Convention by counties and cities, the number and kind of liquor license granted in each, and the amount paid thereon ; also the same information in regard to licenses other than liquor, for the year 1900. — and on his motion it was adopted. Mr. HuBARD, from the Committee on Reduction of Expenses, presented a ininority report, which was ordered to be printed and referred to the Committee on the Executive Department. On motion of Mr. Green the Convention resolved itself into a committee of the whole, upon the report of the Committee on Preamble and Bill of Rights, and the President called Mr. TuRNBULL to the chair. After some time passed in the com- mittee of the whole, the President resumed the chair, and Mr. TuRNBULL reported that the committee had made some progress, but had come to no conclusion upon the matter referred to them. On motion of Mr. Dun a way the Convention adjourned. Digitized by Google 124 JOUBNAL OF THB OONSnTUTIONAL COKVENTIOK. TUESDAY, JULY 30, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. P. B. Price, of the Presbyterian church. The roll of the Convention was called and the following members were present and answered to their names : Measrs. George E. AnderBon, W. A. Anderson, Ayera, Barbonr, Barham, M. H. Barnes, Thomas H. Barnes, Blair, Boas, Bolen, Boaldin, Braxton, Briatow, Brooke, Brown, Cameron, P. W. Oampbell, Carter, Chapman, Cobb, Crisinood, Daniel, Davis, Dnnaway, Eggleston, Epes, Fairfax, Fletcher, Flood, Garnett, Gillespie, B. T. Grordon, James W. Gordon, R. L. Gordon, Green, Grefpyry, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Hnbard, Hant<». Ingram, Claggett B. Jones, G. W. Jones, Kendall, Lawson. Lincoln* Lindasy, Lovell, Marshal], Mcllwaine, Meredith, Miller, Moncnre, R. Walton Moo^^ Thomas L. Moore, Mnndy, Newton, OTlaherty, Orr, Parks, Pedigo, Peldt, Phillips, Pollard, Portlock, Richmond, Rives, Robertson, Smith, Stebbins, Stuart, Summers, Tarry, Thom, Thornton. Tumball, Vincent, Waddill, Walker, Walttr, Watson, Wise, Withers, Woodhonse, Wysor, Yancey, and Mr. Pre0ident^-O2. The journal of yesterday's proceedings was read and ap- proved. The President laid before the Convention a, memorial from the Virginia Association for the Deaf, relating to schools for the deaf, dumb, and blind, which was referred to the ComiMttee on Education and Public Instruction. The following resolutions and ordinances were introduced and referred : By Mr. Hardy, No. 238, relating to taxation and valuation of property, to the Committee on Taxation and Finance. By Mr. Eggleston, No. 239, providing that the office of sherifiF and treasurer may be held by the same person, to the Committee on Organization and Government of Counties. Mr. TuRNBULL offered the following resolution and asked its immediate consideration, which was agreed to— ayes, 48; noes, 15. Resolved, That when this Convention adjourns on Saturday, the 3rd of August, it adjourn to meet on Tuesday, the 20th day of August, at 12 o'clock M. Mr. Meredith moved to amend by striking out the words '* to meet on Tuesday, the 20th day of August," and insert in lieu thereof the following : '* until 12 o'clock Tuesday, the 17th day of September, 1901, without pay." — which was rejected — ayes, 35 ; noes, 51. On motion of Mr. Harrison, the vote was recorded as fol- lows : Ayes— Messrs. W. A. Anderson, Ayers, Barboar, Thomas H. Barnes, Bolen, Brown, Carter, Oobb, Daniel, Epes, Fairfax, Gamett, Gillespie, Hatton, Honton, Claggett B. Jones, G. W. Jones, Lovell, Meredith, Miller, Moncoie, 0*FUheity, Digitized by Google JOUBHAL OV THB OOKSTITUTIOKAL OOKTBKnOK. 125 OiT« Pedigo, Pettit, Portlock, Richmond, Stoart, Sammers, Tarry, Walker, Wal- ter, Wise, W j8or, and Yaneey— 35. Nob— Measrs. George K. Anderson, Barham, M. H. Barnes. Blair, Boas, Bonldin, Braxton, Bristow, Brooke, Ouneron, P. W. Campbell, Chapman, Cris- mond, Davis, Donaway, Eggleston, Flood, B. T. Grordon, James W. Grordon, R. L. Gordon, Green, Greoory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hooker, Habard, Ingram, Kendall, Xawson, Lincoln, Lindsay, Marshall, Mcll- waine, Mondy, Parlu, Phillips, PoUard. Rives, Robertson, Stebbins, Thom, Thornton, Tomball, Vincent, Waddill, Withers, Woodhoose, and Mr. Presi- dent^-5L The following pairs were announced : Mr. Newton with Mr. MooBSy of Montgomery ; Mr. Fletcher with Mr. Moore, of Fairfax, the first-named voting in the affirmative. Mr. Hamilton moved that the words ** without pay " be ad- ded to the original resolution, which amendment was accepted by Mr. Turnbull. Mr. Anderson, of Alleghany, moved to postpone the con- sideration of the resolutions, and that it be made the special order for next Saturday, at 1 : 30 o'clock, which was rejected. Mr. Brown proposed the following substitute for the resolu- tion, which was rejected : Resolved, That when this Convention shall adjourn on Satur- day, August 3rd, that it be to meet on Tuesday, August 27th. On motion of Mr. 0 'Flaherty, the resolution proposed by Mr. Turnbull was divided. The vote was then taken upon the first part of the resolution, relating to adjournment, and it was adopted — ayes, 43 ; noes, 42. On motion of Mr. Harrison, the vote was recorded as fol- lows : Ayss— Messrs. W. A. Anderson, Barboar, Thomas H. Barnes, Bolen, Brooke, Brown, Garter, Cobb, Crismond, banaway, Eggleston, Epes, Flood, Gillespie, B. T. Gordon, Hamilton, Hardy, Hatton, Hubard, Hanton, Clagsett B. Jones, G. W. Jones, Lovell, Miller, Moncare, Mandy, O* Flaherty, Orr, Pedigo, Portlock, Richmond, Rives, Stoart, Summers, Tarry, Thom, Turnbull, Vincent, Walker, Walter, Woodhoose, Yancey, and Mr. President— 43. NoBB — Messrs. Qwime K. Anderson, Ayers, Barham, M. H. Barnes, Blair, Boa^E, Bonldin, Braxton, Bristow, Cameron, P. W. Campbell, Chapman, Daniel, Davis, Fairfax, Gamett, James W. Gordon, R. L. Crordon, Green, Gregorv, Gwyn, Han- cock, Harrison, Hooker, Ingram, Kendall, Lawson, Lincoln, Lindsay, Marshall, McDwaine, Thomas L. Moore, Parks, Phillips, Pollard, Robertson, Stebbins, Thornton, Waddill, Wise, Withers, and Wysor— 42. Mr. MooRB, of Fairfax, announced that he was paired with Mr. Flbtohbr, who, if he were present, would have voted aye, and he would have voted no. The question was then put upon the adoption of the second part of the resolution, which was that the members during the recess should serve without pay, and it was adopted — ayes, 52 ; noesy 88. On motion of Mr. Wise, the vote was recorded as follows : Digitized by Google 126 JOUBKAL or THB CX>K81TrnnOHAL CX>KTINnOH. Atk— Mesnn. Geoi^ge K. Andcnon, W. A. Andenoiif Barbour, M. EL BaiseB, Thomas H. Barnes, Boaldin, Braxton^ Oameron, Carter, Cobb, Grismond, Dtoiei, Davis, Epes, Flood, Qamett, Gillespie, B. T. Gordon, James W. Gordiui, B.L Gordon, Greffory, Gwyn, Hamilton, Hancock, Hatton, Hooker, Ing^imm, 6. W. Jones, Kendall, Lawson, Lindsay, Lorell, Bfarshall, Mcllwaine, MerMUth, Milltf, Moncare, R. Walton Moore, Thomas L. Moore, Parks^ollard, Rives, Stebbios, Tarry, Thornton, Vincent, Waddill, Walker, Wise, Withers, Yancey, and Mr. President— 52 Noes— Messrs. Ayers, Barham, Blair, Bom. Bristow, Brooke, Brown, P. W. Oampbell, Chapman, Donaway, Eggleston. Fair&x, Green, Hardy, Harrino, Habard, Honton, Lincoln, Mondy, G'Flaherty, Grr, Pedigo, PeUtt, Phillipi, Portlock, Richmond, Robertson, Stuart, Thom, Tamball, Walter, Woodhonie, and Wysor--33. Mr. Egglbston moved to reconsider the votes by which the resolution was agreed to, and moved to pass the motion by. The motion to pass by being rejected, the vote was then taken upon the motion to reconsider, and it was decided in the aflBrmative — ayes, 45; noes, 36. On motion of Mr. Eggleston, the vote was recorded as fol- lows: Ateb— Messrs. George E. Anderson, W. A. Anderson, Ayers, M. H. Banei, Blair, Boaz, Braxton, Bristow, P. W. Campbell, Daniel, Davis, Eggleston, Fu^ fox, Gamett, B. T. Gordon, James W. Gordon^ R. L. Gordon, Green, Gregon, Gwyn, Hancock, Habard, Ingram, Lawson, Lincoln, Lindsay, Marshall, McD- waine, Meredith, Miller, Moncare, Thomas L. Moore, Mandy, Orr. Parks^edigo, Phillips, Pollard, Richmond, Robertson, Stebbins, Sammers, Walter, Wiihen, and Wysor— 46. NosB— Messrs. Barboar, Barham, Thomas H. Barnes, Bolen, Boaldin, Brooke, Brown, Carter, Cobb, Crismond, Danaway, Flood, Gillespie, Hamilton, Hardy. Hatton, Hooker, Hanton, Claggett B.Jones, G. W. Jones, Lorell, C Flaherty. Pettit, Portlock, Rives, Staart, Tarry, Thom, Thornton, Tamball, Vincent, Waddill, Walker, Watson, Wise, Yancey, and Mr. Presidentn-37. Mr. Moore, of Fairfax, announced that he was paired with Mr. Flbtchbr, who, if he were present, would have voted no, and he would have voted aye. ^Mr. Thom moved to strike from the resolution the words *' without pay," and while his motion was pending, the Con- vention, on motion of Mr. Grbbn, adjourned. Digitized by Google JOURNAL OV THB OOHSnTUTIOHAL OOKVBHTIOK. 127 WEDNESDAY, JULY 31, 1901. The Convention assembled at 12 o'clock M. Prayer By Rev. Dr. Richard McIlwaine, of the Presbyterian church. The roll of the Convention was called and the following mem- bers were present and answered to their names : MeflBFB. Geo. K. Anderson, W. A. Andenon, Ayera, Barboar, Barham, M. H. Barnes, Thomas H. Barnes, Boas, Bolen, Boaldin, Braxton, Bristow. Brooke, Brown, Oameron, P. W. Campbell, Garter, Chapman, Cobb, Crismond, Daniel, Dayis, Donaway, Earman, Es^leston, Epes, Fair&x, flood, B. T. Gordon, James W. Gordmi, B. L. Gordon, Graen, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison^ Hatton, Hooker, Hnbard, Honton, Ingram, Clasgett B. Jones, G. W. Jones, Elendall, Lawson, Lincoln, Lindsay, Loyell, Marshall, McIlwaine, Mere- dith, Moncore, R. Walton Moore, Thomas L. Moore, Mandy, O' Flaherty, Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Portlock, Qoarles, Richmond, Rives, Robertson, l^bbins, ^art. Sammers. Tanr, Thom, Thornton, Tnmbnll, Vin- cent, Waddill, Walker. Watson, Willis, Wise, Withers, Woodhoose, Wysor, Yanoey, and Mr. President— 87. The journal of yesterday's proceedings was read and ap- proved. The following resolutions and ordinances were introduced and referred : By Mr. O'Flaherty, No. 240, relating to suffrage qualifica- tions, to the Committee on Elective Franchise. By Mr. Bristow, No. 241, relating to suffrage, to the Com- mittee on Elective Franchise. By Mr. Withers, No. 242, to create a corporation commis- sion, to the Committee on Corporations. By Mr. Anderson, of Rockbridge, No. 243, providing for purity of elections, to the Committee on the Elective Franchise. By Mr. Bristow, by request. No. 244, relating to liquor licenses, to the Committee on the Legislative Department. Mr. Willis presented a memorial from the Business Meii's Association of Hampton, Va., relating to the exemption laws, which was referred to th^ Committee on Preamble and Bill of Rights. Mr. Barbour, by request, presented a petition from the Social Safety League, of Culpeper, relating to the system of licensing the sale of intoxicating liquors, which was referred to the Committee on the Legislative Department. Mr. Fairfax, from the Committee on Taxation and Finance, offered the following resolution and asked its immediate consid- eration, which was agreed to. Resolved, That the Secretary be instructed to obtain the fol- lowing information from the Secretary of the Board of Public Works, for the years from 1883 to 1900 : Name of different railroads, steam and street, telegraph and Digitized by Google 128 JOUBKAL Of THIB OONSTlTtJTIONAL OOKVEKTIOK. .telephone companies, steamboat companies, express companies, and canal companies. Date at which each first appeared on tax-list. Mileage of each in each year. Assessed value per mile of each road for each year, and other real estate. Assessment of personalty for each year. Gross and net earnings, and gross and net income for each year. Tax paid on net income on each company. What increase, if any, in value of roadbed and track, other real estate, and personalty for each year. Market value of stock and bonds of the diflferent companies for each year at date of assessment. What increase in the stocks and bonds issued by each com- pany. Mr. Gordon, of Richmond, from the Committee on Organi- zation an(l Government of Cities and Towns, presented the following resolution and asked its immediate consideration, which was agreed to : Resolved, That the Secretary of the Convention be instructed to write to the mayors of all the towns and cities in the Com- monwealth with a population of more than five hundred, as shown by table five of Census Bulletin No. 51, and request them to furnish the following information : First. The percentage or amount of indebtedness allowed by their charters. Second. The amount of their floating and bonded indebted- ness. Third. Their rate of municipal taxation. — and on his motion it was adopted. Leave of absence was granted Mr. Bolbn for five days, on motion of Mr. Barham. Mr. Gordon, of Richmond, presented a bill for $102.00 from the Tower-Binford Electric and Manufacturing (Jo., for electric fans, which was referred to the Committee on Accounts and Expenditures. Mr. Withers, from the Committee on Reduction of Expenses, made a report, which was referred to the Committee on Organ- ization and Government of Cities and Towns, and on his mo- tion it was ordered to be printed. The resolution presented by Mr. Turnbull, on yesterday, for a recess from August 3rd to August 20th, being the unfinished business of the day, was taken up, and Mr. Thom withdrew his motion to strike out the words ''without pay." Mr. Ayers proposed the following substitute to Mr. Turk- bull's resolution : Digitized by Google * JOUBKAL OV THl OOHrSTITUTIOKAL OOHTBKTIOir. 129 Besolved, That when the Conyention adjourns on Saturday, August 3d, next, it shall adjourn to meet again on Monday, the 2d day of September next, and that during the recess, the Sec- retary, his assistants, the committee clerks, pages, janitors, sergeant-at-arms, and doorkeepers shall receive their regular pay, but the members shall receive no pay during the recess. Mr. Wysor proposed the following amendment to Mr. Aybrs' substitute : Resolved, That when the Convention adjourns on Saturday, August the 10th, it adjourn to September J 6, 1901. Mr. HuBARD moved to lay on the table the original resolu- tion and all amendments thereto, which was decided in the negative — ayes, 32 ; noes, 51 ; and on motion of Mr. Moors, of Fairfax, the vote was recorded as follows : Atk— MeaBTS. George K. Anderaon, Barham, Boas, Bristow, Brooke. Oameron, Chapman, Davie, Danamvt Eggleeton, Flood, James W. (jtordon, R. L. Crordon, Green, Gr«B;ory, Gwjn, Hancock, Harrison, Habard, Ingram, La wson, Lincoln, Lindsay, Sfitrsnall, Mcllwaine, Parks, Pliillips, Pollard, Robertson, Thornton, Watacoi, and Mr. President— 32. NoBB— -Messr?. W. A. Anderson, Ajers, Barboar, M. H. Barnes, Thomas H. Barnes, Bolen, Boaldin, Brown, P. W. Campbell, Carter, Cobb, Crismond^Daniel, Earman, Epee, Fairfitz, Gillespie, Hamilton, Hardy, Hatton, Hooker, Hanton, Claggett B. Jones, G. W. Jones, Kendall, Lovell, Meredith, Moncnre, Thomas L. Moore, Mandy, O' Flaherty, Orr, Pedigo, Pettit, Portlock, Qnarles, Richmond, Rives, Btebbins, Stoart, Sammers, Tarry, Thom, Tambnll, Vincent, Waddill, Walker, Willis, Wise, Wysor, and Yancey-61. The following pairs were announced : Mr. Braxton with Mr. Smith ; Mr. Moorb, of Fairfax, with Mr. Flbtchbr; Mr. Gordon, of Nelson, with Mr. Kbezell; Mr. Withers with Mr. Newton.* The first-named in each case would have voted in the affirmative. Mr. Anderson, of Rockbridge, proposed the following amend- ment, to be added to the original resolution, which amendment was subsequently withdrawn : '* The Committee on the Elective Franchise, Qualifications for Office, Basis of Representation and Apportionment, and on Elections, the Committee on Judiciary, and the Committee on Taxation and Finance, or any of said committees, are empow- ered to sit during the recess of the Convention at such place in the State as such committees may respectively select, and the raembers of said committees shall be entitled to receive their per diem during their attendance on the sessions of the same. *'Such books and papers as may be required by any of said coromittees, shall be taken to the place of its meeting, and the 3ost of their transportation, and of any printing ordered by the [committee, shall be paid as part of the expenses of the Con- rontion.*' 17 Digitized by Google 13(K JOURNAL OF THB OONSnTUTIOKAL OOKTEKTIOK. Mr. O'Flahbrty moved the previous question. The previous question being ordered, the vote was taken on the amendment proposed by Mr. Wysor, to the substitute of Mr. Aybrs, and it was rejected. The question was then put on the substitute proposed by Mr. Aybrs for the original resolution, and it was rejected. The question then recurring upon the original resolution, it was rejected — ayes, 41 ; noes, 42 ; and on motion of Mr. Braj- TON the vote was recorded as follows : Atbb— Meain. Ayen, Barboar, Barham, Thomas H. Barnee, Bolen, Brooke, Brown, P. W. Campbell, Carter, Cobb, Cruimond, Daniel, Earman, Epee, Fair&x, Flood, Gilleepie, Hamilton, Hurdy, Hatton, Hanton, Ciagsett B. Jones, G. W. Jones, Lovell, Meredith, Miller, CFlaherty, Orr, Pettit, Portlock, Qnariei, Rives» Stnart, Bnmmers, Thom, Tombnll, Vinoent, Walker, Willis, Wise, tnd Yancey — 41. Non— Messrs. Geo. E. Anderson^ W. A. Anderson, M. H. Barnes, Boaz, Booldin. Bristow, Cameron, Chapman, Davis, Dnnaway, Eggleston, James W. Gordon, B. L. Gordon, Green, Gregory, Gwyu, Hancock, JEIarrison, Hooker, Hubard, Ingram, Kendall, Lawson, Lincoln, Lindsay, Marshall, Mcliwaine, Mnndy, Parks, Pedigo, Phillips, Pollard, Richmond, Robertson, Stebbins, Tarry, Waddill, Watson, Withers, Woodhouse, Wysor, and Mr. President— 42. The following pairs were announced : Mr. Newton with Mr. Moore, of Montgomery ; Mr. Gar- NBTT with Mr. Thornton ; Mr. Fletcher with Mr. Moorb, of Fairfax; Mr. Keezell with Mr. Gordon, of Nelson. The first-named, had they been present, would have voted in the affirmative. Mr. Walker proposed the following resolution : Resolved, That when the Qonvention adjourns on Friday, the 2nd of August, it adjourn to meet at 12 M. on Tuesday, the 27th of August, upon which Mr. Brown called the pending question. The pending question being ordered, the vote was then taken upon the resolution, and it was rejected — ayes, 31 ; noes, 50. ' On motion of Mr. Withers the vote was recorded as follows : Aybb— Messrs. Ayers, Barbonr, Thomas H. Barnes, Bolen, Bristow, Brown, Garter, Cobb, Epes, Fairfiuc, Gillespie, Hardy, Hatton, Hnnton. Olafogett B. Jones, G. W. Jones, Meredith, Mnndy, O' Flaherty, Orr, Pediso, Portlock, Qnaika, Richmond, Riyes, Stnart, Summers, Tnmbnll, Vincent, Walker, and Woodhouse -31. NoHh-Meesrs. George E. Anderson, W. A. Anderson, Barham, M. H. Bames, Boaz, Bonldin, Brooke, Oameron, P. W. Campbell, Chapman, Crismond, Duiiel, Davis, Dnnaway, Earman, Effgleeton, Flood, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Harrison, Hooker, Hubard, In Kendall, Lawson, Lincoln. Lindsay, Lovell, Marshall, Mcliwaine, Parks, Pli Pollard, Robertson, Stebbms, Tarry, Thom, Thornton, Waddill, Watson, ' Wise, Withers, Wysor, and Mr. Preeident--50. Digitized by Google J0T7BKAL OP THE CONSTITUTIONAL CONVENTION. 131 The following pairs were announced : Mr. Newton with Mr. Moore, of Montgomery ; Mr. Garnett with Mr. Thornton ; Mr. Fletcher with Mr. Moore, of Fairfax ; Mr. Smith with Mr. Braxton ; Mr. Keezell with Mr. Gordon, of Nelson. The first-named in each case, had they been present, would have voted in the aflSrmative. Mr. Thom proposed the following resolution : Resolved, That when the Convention adjourns on Saturday, August 3rd, it be to reconvene on Monday, August 19th, with- out pay, to which Mr. Wysor proposed the following substi- tute : "Resolved, That when the Convention adjourns on Friday, August 9th, it adjourn to September 3rd, without pay." Mr. Withers moved to indefinitely postpone the resolution and substitute, which was rejected — ayes, 37 ; noes, 47 ; and on his motion the vote was recorded as follows : Atbb— Messrs. G^rge K. Anderson, W. A. Anderson, Barham, M. H. Barnes, Boaz, Bristow, Cameron, Chapman, Cobb, Davis, Dana way, Eggleston, James W. Gordon, R. L. Gordon, Green, Grejrdon, Green, Gregory Gwyn, Hamilton, Hancock, Harrison, In^rmm, Kendall, Lawson, Lindsay, Mcllwaine, Thomas L. Moore, Parks, Phil- lips, Bobertson, Stebbins, Thom. Thornton, Watson, Wescott, Willis, Withers. Woodhoose, Wysor, and Mr. Pre8ident~39. On motion of Mr. Moore, of Fairfax, the Convention ad- journed. • FRIDAY, AUGUST 2, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. W. F. DuNAWAY, of the Baptist church. The roll of the Convention was called, and the following mem- bers were present and answered to their names : MesBTS. W. A. Anderson, Ayers, Barbour, Barham, M. H. Barnes, Thomas H. BAraee, Blair, Boaz, Bouldin, Braxton, Bristow, Brooke, Brown, Cameron, P. W. Oampbell, Garter, Cobb, Crismond, Daniel, Davis, Danaway, Earman, Eggles- trdon, R. L. Gordon, Green, Gregory, Gwvn, Hamilton, Hancock, Hardy, Hatton, Hunton, Ingram, G. W. Jones, KenduL Lawson, Lincoln, Lindsay, Ix>yell, Mcllwaine, Meredith, Miller, Moncareu R. Walton Moore, O' Flaherty, Orr, Parks, Pettit, Pollard, Portlock, Rich- mond, Rivee, Robertson, Smith, Stuart, Tarry, Tbom, TombuU, Vincent, Waddill, WalBon, Wise, Woodhoose, Wysor, and Mr. Preeidenlr-68. 18 Digitized by Google 138 JOURNAL OP THE CONSTITUTIONAL OONVBNTION. The journal of Saturday, August 3rd, was read and ap- proved. Mr. Watson presented a petition from the Concord Baptist Association relating to the appropriation of public funds to sec- tarian institiitions, which was referred to the Committee on the Legislative Department. Mr. O'Flahbrty presented a petition from the members of the bar of Clarke county relating to the term of office of the county clerks, which was referred to the Committee on Judi- ciary. Leave of absence was granted the following members : Mr. Ayers, three days on motion of Mr. Richmoi^d. Mr. Newton, indefinite leave, on motion of Mr. Meredith. The President laid before the Convention a communication from the Secretary of the Commonwealth in answer to the resolution of the Convention adopted August 2nd, relating to private corporations doing business in this State, which was on motion of Mr. Eggleston referred to the Committee on Taxa- tion and Finance. The President laid before the Convention an invitation from H. A. Carrington Camp, C. V., Smithville, Virginia, which was on motion of Mr. Daniel accepted with thanks. The following amendment to the rules proposed by Mr. Daniel on August 2nd, was read and adopted. Resolved, by the Convention, That the following rule be added to the rules of this body : When an amendment proposed to any pending measure is laid on the table, it shall not carry with it, or prejudice such measure. On motion of Mr. Eggleston the Convention adjourned. FRIDAY, AUGUST 23, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. Richard McIlwainb, of the Presbyterian church. The i:oll of the Convention was called and the following mem- bers were present and answered to their names : Messrs. George E. Anderson, W. A. Anderson, M. H. Barnes, Thomas H. Barnes, Boaz, Boaldin, Braxton, Brooke, Cameron, Carter, Chapman* Cobb. Crismond, Daniel, Donaway, Eggleston, Epes, Fair&x,' Fletcher, Flood, Garnet, Gilmore, Gillespie, Glass, B. T. Gordon, James W. Gordon, R. L. Gordon^reen, Gregory, Gwyn, Hamilton, HancocK. Hardy, Harrison, Hatton, Hooker, Hun ton, Ingram, G. W. Jones, Keezelf, Kendall, Lawson, Lincoln, Lindsay, Lovell, Marshall, Mcllwaine, Meredith, Miller, Moncure, R. Walton Moore> Thomas L. Moore, O'Flaherty, Orr, Parks, Fedigo, PetUt, Phillips, Pollard, Port- Digitized by Google JOUBKAL OF THE CONSTITUTIONAL OONVBNTION. 139 lock, Qoarlee, Richmond, Riyee, Robertson, Smith. Stebbins, Stnart, Sommera, Tarry, Thorn, Thornton, Tamboll, Vincent, Waddill, Walker, Watson, Wescott, Wise, Woodhonse, Wyeor, Yancey, and Mr. President— 83. The journal of yesterday's proceedings was read and ap- proved. Mr. Orr, by request, presented a memorial from the public free school teachers of Lee county, relating to changes m the free school system, which was referred to the Committee on Education and Public Instruction. Leave of absence was granted Mr. Cameron, for one day, on motion of Mr. Hamilton. The President laid before the Convention the following : Richmond, August 22, 1901. Hon. John Goode, President of the Constitutional Convention : Sir: In obedience to a resolution of the Convention, adopted July 11, 1901, I have the honor to hand you herewith, statements showing the amount of taxes on real estate, personal property, and polls, paid by white and colored persons, respectively, in each of the past five years, in each county and city ; also state- ments showing the amount of taxes of white and colored persons, respectively, which were returned delinquent in each of the past five years, in each county and city ; also a statement show- ing the amount due by treasurers and other oflBcers for the years since 1890, and the amount thereof lost to the State, and a statement showing the loss to the State through treasurers and others through relief bills in the ten years preceding June 1, 1901. Very respectfully, MORTON MARYE, Auditor of Public Accounts. — which was, on motion of Mr. Harrison, ordered to be printed with the accompanying documents as Document No. 9, and referred to the Committee on Taxation and Finance. The President laid before the Convention the following : Richmond, Va., August 20, 1901. Hon. John Goodb, President of the Constitutional Convention : Sir : I have the honor to hand you herewith a statement showing the number and kind of liquor license issued in each county and city in the year 1900, and the tax paid thereon, also the tax paid on licenses other than liquor in each county and city ; Digitized by Google 140 JOUBNAL 07 THE OONSTITUTIOKAL OONVSKTION. prepared in obedience to a resolution of the Conrention, adop July 29, 1901. Very respectfully, MORTON MARYE, Auditor of Public AccounU — which was, on motion of Mr. Eggleston, ordered to printed with the accompanying documents as Document '. 10, and referred to the Committee on Taxation and Finance The Prbsident laid before the Convention the following : Hon. John Goode, President of Constitutional Convention : Sir: In obedience to a resolution of the Convention, adopted July 11, 1901, I have the honor to hand you herewith a st ment showing by counties and cities the assessed value of ] perty of corporations assessed with taxes, and the State, cou and city taxes assessed thereon in the year 1900. Very respectfully, MORTON MARYE, Auditor Public Account — which was, on motion of Mr. Eggleston, ordered to printed with the accompanying documents as Document No. and referred to the Committee on Taxation and Finance. The President laid before the Convention the following : Richmond, August 20, 190] Hon. John Goode, President of the Constitutional Convention : Sir: Pursuant to a resolution of the Convention, I have the he to hand you herewith a statement showing the populati white and colored, and the aggregate of both ; and the asses value of property, real and personal, and the total of both each county and city in the State, in the years 1860, 1870, li 1890, and 1900. Very respectfully, MORTON MARYE, Auditor Public Accounti 0 — which was, on motion of Mr. Anderson, of Rockbric ordered to be printed with the accompanying documents Digitized by Google jotrnKAt Of THS oonrsTrnrrtotrAL oomrsmoK. 141 Document No. 12, and referred to the Committee on Taxation and Finance. The Prbsidbnt laid before the Convention the following : Richmond, Va., August 22, 1901. Hon. John Goodb, President of the Constitutional Convention : Sir: In obedience to a resolution of the Convention, adopted July 24,1901,1 have the honor to hand you herewith statements showing the amount appropriated annually to the civil con- tingent fund for the twenty years ending September 30, 1900, and the disbursements of the same, and a statement showing the appropriations which have been made by the Legislature during the same period for the repair, improvement, or mainte- nance of the executive mansion, or for any other purpose con- nected with the maintenance of the Governor's mansion or grounds. Very respectfully, MORTON MARYE, AvditoT of Public Accounts. — which was, on motion of Mr. O'Flahbbty, referred to the Committee on the Executive Department. On motion of Mr. Pkttit, the Convention resolved itself into a committee of the whole, upon the report of the Committee on Preamble and Bill of Rights, Mr. Tubnbull in the chair. After some time passed in the committee of the whole, the President resumed the chair, and Mr. Turnbull reported that the committee had risen without coming to any conclusion upon the matter referred to them. On motion of Mr. Wysor the Convention adjourned. SATURDAY, AUGUST 24, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. R. J. Willingham, of the Baptist church. The roll of the Convention was called and the following mem- bers were present and answered to their names : • Mogoi'O. George E. Anderson, W. A. Anderson, Barham, M. H. Barnes, Thomas H. Barnes, Blidr, Boas, Booldin, Braxton, Bristow, Brooke, P. W. Campbell, Digitized by Google 142 JOtTEKAL 07 THB OONSTTrUTIOKAL OOKTEKTIOK. Carter, Chftpmap, Oobb, Daniel, Dtmawar, Eggleeton, Epes, Fletcher, Gamett, Gilmore, Oillespie, Glaae, B. T. Gordon, Jamee W. Gordon, R. don, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hooker, Hnnton, Ingram, G. W. Jonee, Keezell, Kendall, Lawaon, 1 Lindsay, LoYell, Marshall, Mcllwaine, Meredith, Miller, Moncnre, K. Moore, Thomas L. Moore, Mandy, Orr, Parks, Pedigo, Pettit, Phillips, ] Portlock, Qdarles, Richmond, Rives, Robertson, Smith, Stebbins, Stnart, 8i Tarry, Thorn, Thornton, Tambnll, Waddill, Walker, Watson, Weecoti Woodhonse, Wysor, and Mr. President— 81. The journal of yesterday's proceedings was read ai proved. Mr. Dun AW AY, by request, presented a petition fro: Rappahannock Baptist Association, protesting against t propriation of public moneys to sectarian institutions, was on his motion ordered to be printed and referred Committee on the Legislative Department. Mr. DuNAWAY, by request, presented a petition froi Methodist ministers of Richmond and vicinity, prot against the appropriation of public moneys to sectarian ii tions, which was on his motion ordered to be printed a ferred to the Committee on the Legislative Department. Mr. Campbell, of Washington, by request, presented j tion from the Lebanon Baptist Association, protesting a the appropriation of public moneys to sectarian institt which was referred to the Committee on the Legislativ partment. Mr. Thom proposed the following resolution, No. 249 ; Resolved, That it is the sense of this Convention that should be conferred upon the municipalities of this St exempt invisible property from municipal taxation. — which was referred to the Committee on Taxation andFii Leave of absence was granted the sergeant-at-arms f( days, on motion of Mr. Eggleston. On motion of Mr. Pettit, the Convention resolved itse] a committee of the whole, upon the report of the Comi on Preamble and Bill of Rights, Mr. Turnbull in the ch[ After some time passed in the committee of the whol Peesident resumed the chair, and Mr. Turnbull reports the committee had risen without coming to any cond upon the matter referred to them. Leave of absence was granted the following members : Mr. Bristow, three days, on motion of Mr. Gar^jett. Mr. Walters, four days on motion of Mr. Blair. On motion of Mr. Walker the convention adjourned. Digitized by Google JOURKAl. OF THE CONStlTUTIOl^AL CONVENTIOK. 14S MONDAY, AUGUST 26, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. W. F. DuNAWAY, of the Baptist church. The roll of the Convention was called and the following mem- bers were present and answered to their names : Messrs. George K. Anderson, W. A. Anderson, Ayers, Barbour, Barham, Thomas H. Barnes, Blair. Boaz, Bolen, Boaldin, Braxton, Brooke, Brown, Cameron, P. W. Campbell, Garter, Chapman, Cobb, Crismond, Daniel, Dana- way, Epes, FairflEix, Fletcher, Flood, Gilmore, Gillespie, Glass, James W. Gordon, R. L- Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Hunton, Ingram, G. W. Jones, Keezell, Kendall, Lawson, Lincohi, Lindsay, Loyell, Marshall, Mcllwaine, Meredith, Miller, Moncure, R. Walton Moore, Thomas L. Moore, Mandy, 0' Flaherty, Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Portlock, Qoarles, Richmond^ives, Robertson, Smith, Stebbins, Stoart, Sammers. Tarry, Thom, Thornton, Waddill, Walker, Watson, Willis, Wise, Withers, Woodboose, Wysor, and Mr. President— 84. The jotirnal of Saturday's proceedings was read and ap- proved. The following resolutions and ordinances were introduced and referred : By Mr. Babham, No. 250, to prescribe the vote by which offices may be created by the Legislature, to the Committee on Preamble and Bill of Rights. By Mr. Stebbins, No. 251, to have a record kept by some office of the State, of the corporations doing business in this State, to the Committee on Corporations. Mr. Lincoln, by request, presented a petition from the mer- chants and citizens of Smyth county, relating to the exemption la'ws, which was referred to the Committee on Preamble and Bill of Rights. The President laid before the Convention a petition from the citizens of Bedford county, relating to the exemption laws, which was referred to the Committee on Preamble and Bill of Rights. Leave of absence was granted the following members : Mr. Gregory, one day (to-morrow) , on motion of Mr. Gordon, jt Louisa. Mr. Jones, of King and Queen, three days, on motion of Mr. Wai-ker. Mr. Garnett, three days, on motion of Mr. Anderson, of Rockbridge. ♦ Mr. Vincent, one day, on motion of Mr. Richmond. Mr. O'Flahbrty, three days, beginning to-morrow, on notion of Mr. Keezell. On motion of Mr. Green the Convention resolved itself into Digitized by Google 144 JOtTSKAL OF THB OOKSTITirnOKAL OOKVBKTIOK. a committee of the whole, upon the report of the Committ^ Preamble and Bill of Rights, Mr. Walkbr in the chair. After some time passed in the committee of the whole, t Prbsident resumed the chair, and Mr. Walkbr reported tl the committee had risen without coming to any conclusion up the matter referred to them. On motion of Mr. Marshall the Convention adjourned. TUESDAY, AUGUST 27, 1901. The Convention assembled at 12 o'clock M. Prayer by B Dr. Richard McIlwaine, of the Presbyterian church. The roll of the Convention was called and the following me bers were present and answered to their names : Memn. C^rge K. Anderson, W. A. Anderson, Avon, Barbour, Barham, M Barnes, Thomas H. Barnes, Blair, Boaz, Bolen^ouldin, Braxton, Brooke, Bro Cameron, Garter, Chapman, Cobb, Crismond, Daniel, Dana way, Earman, E Fair&x, Fletcher, Flood, Gilmore, Gillespie, Glass, James W. Gordon, R Gordon, Green, Gwyn, Hamilton, Hancock, Hardy, Harriron, Hatton, Hon lomm, G. W. Jones, KeeaselK Kendall, Lawson, Lindsay, Lo veil, Man! McIlwaine, Meredith, Miller, Moncare, R. Walton Moore, Thomas L. Mo Mundy, Orr, Pedigo, Pettit, Phillips, Pollard, Portlock, Qaarles, Richmond, BJ Robertson, Smith, Stebbins, Stnart, Summers, Tarry, Thom, Thornton, Tami Vincent, Waddill, Walker, Watson, Westoott, Willis, Wise, Withers, Woodho Wysor, Yancey, and Mr. President.— 84. The journal of yesterday's proceedings was read and proved. The following petitions were presented and referred to Committee on Preamble and Bill of Rights : By Mr. Jonbs, of Pittsylvania, relating to the system licensing the sale of liquors, from the Roanoke Baptist chur By Mr. Blair, relating to the system of licensing the sah liquors, from the citizens of Wythe county. By Mr. Orr, relating to the system of licensing the 8al< liquors, from the citizens of Lee county. By Mr. Gilmorb, relating to the exemption laws, from merchants and citizens of Rockbridge county. The following petitions were presented and referred to Committee on Judiciary : By Mr. Tarry, to abolish the county court system, from citizens of Mecklenburg county. By Mr. Hancock, relating to the term of oflBce for coo clerks, from the members of the bar of Chesterfield county. By Mr. Mundy, relating to the term of office for cou clerks, from the members of the bar of Botetourt county. ^ Digitized by Google JOUBNAL OF THB OOKSTinJTIONAL OOKYBHTIOK. 145 Mr. JoNB8| of Pittsjlyaniay presented a petition from the Roanoke Baptist Association , at Green Pond, Pittsjlvania county, protesting against the appropriation of public moneys to sectarian institutions , which was referred to the Committee on the Legislative Department. Mr. Withers proposed an ordinance, No. 252, defining lia- bility of railroad corporations to their employees, which was referred to the Committee on Corporations. Mr. Gordon, of Richmond, by request, proposed a resolution. No. 253, to prescribe the method of issuing liquor licenses, which was referred to the Committee on Preamble and Bill of Rights. On motion of Mr. Pkttit the Convention resolved itself into a committee of the whole upon the report of the Committee on Preamble and Bill of Rights, Mr. Turnbull in the chair. After some time passed in the committee of the whole, the Prbsidbnt resumed the chair and Mr. Turnbull reported that the committee had risen without coming to any conclusion upon the matter referred to them. On motion of Mr. Pbdigo the Convention adjourned. WEDNESDAY, AUGUST 28, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. W. W. Moore, of the Presbyterian church. The roll of the Convention was called and the following members were present and answered to their names : Meesra. Qeorge K. Andenon, W. A. Andenon, Arera, Barboar, Barham, M. H. Barnes, Thomas H. Barnes, Blair, Boaz, Bolen.Boalain, Braxton, Brooke, Brown, Cameron, Clarence J. Campbell, P. W. Campbell, Carter, Chapman, Cobb. Cris- mond, Daniel, Donawaj, Earman, Epee, Fairfiuc, Flood, Gilmore, Gillespie, Glass, B. T. Gordon, James W. Ctordon, B. L. Gordon, Green, Gregory, Gwyn, Hamilton* Hancock, Hardy, Harrison. Hatton, Hooker, Habard, Hanton, Ingram, ClagmCt B. Jones, G. W. Jones, Keezell, Kendall, Lawson, Lincoln, Lindsay, I^vell, Mamiall, Mdlwaine, Meredith, Miller, Moncare, R. Walton Moore, Thomas L. Moore, Mnndy, Newton, Orr, Pediffo, Pettit, Phillips, Pollard, Portlock, Qaarles, Kichmond, Rives, Robertson, Smitn, Stebbins, Btaart, Sammers, Tarry, Thorn, Thornton, Tnmball, Vincent, Waddill, Walker, Watson, Wescott, Willis, Wise, Withers, Woodhoose, Wysor, Yancey, and Mr. President— 92. The journal of yesterday's proceedings was read and ap- proved. The following petitions were presented and referred to the Committee on Preamble and Bill of Rights : By Mr. Wbscott, relating to the system of licensing the sale 19 Digitized by Google 146 JOURNAL 07 THB 00N8TITUTI0NAL OONTBNTIOK. of liquors, from the Norfolk District Conference in session Oak Grove church, Accomac countj. By Mr. Wbscott, relating to the system of licensing the s of liquors, from the Womans Christian Temperance Uni( Accomac county. By Mr. Wbscott, relating to the system of licensing the s of liquors, from the District Conference of the M. E, churcl Oak Grove, Accomac, Va. By Mr. Robertson, relating to the system of licensing sale of liquors, from the Womans Christian Temperance Ua of Roanoke, Va. By Mr. Moobb, of Montgomery, relating to the exempt laws, from the merchants and citizens of Montgomery coun The following petitions were presented and referred to Committee on Judiciary : By Mr. Willis, relating to the term of oflSce for cou clerks, from members of the bar of Elizabeth City county. By Mr. Braxton, relating to the term of office for cou clerks, from members of the bar of Staunton, Va. Leave of absence was granted Mr. Flbtchbr, 3 days, on i tion of Mr. Boaz. On motion of Mr. Moore, of Fairfax, the Committee on Legislative Department was discharged from the further c sideration of resolutions No. 244 and 244i, and they were f erred to the Committee on Preamble and Bill of Rights. On motion of Mr. Moorb, of Fairfax, the Committee on Legislative Department was discharged from further consid< tion of resolution No. 246, and it was referred to the Commi on Agricultural, Manufacturing and Industrial Interests Immigration. Mr. MooRE, of Fairfax, from the Committee on the Legi tive Department, made a report which, on his motion, was dered to lie on the table and be printed. Mr. Turnbull, from the Committee on the Legislative partment, made a minority report which was, on his mot: ordered to lie on the table and be printed. On motion of Mr. Pettit, the Convention resolved itself : a committee of the whole, upon the report of the Commi on Preamble and Bill of Rights, Mr. Turnbull in the chaii After some time passed in the committee of the whole, President resumed the chair and Mr. Turnbull reported t the committee had risen without coming to any conclusion u the matter referred to them. On motion of Mr. Barnes, of Nansemond, the Conven adjourned. Digitized by Google JOUBNAL OF THB OONSTITUTIOKAL OONYENTIOir. 147 THURSDAY, AUGUST 29, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. P. B. Price, of the Presbyterian church. The roll of the Convention was called and the following members were present and answered to their names : Geoige K. Andenon. W. A. Anderson, Ayers, Barbour, Barham, M. H. Barnes, Thomas H. Bames, Blair, Boa£, Bolen, Booldin, Braxton, Bristow, Brooke, Brown, Oameron, P. W. Campbell, Garter. Chapman, Cobb, (Msmond, Daniel, Danawaj, Earman, Eogleeton, Epes, Fairmx, Flood. Gktmett, Gilmore, Gillespie, Glass, B. T. Gordon, Jamee W. (iordon, R. L, Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harriaon,Hatton, Hooker, Habard, Hanton, Ingram, Olaggett B. Jones, G. W. Jones, Keezell, Kendall, Lawson, Lindsay, Loyell, Marshall, Mcllwaine, Meredith, Miller, Moncare, R. Walton Moore, Thomas L. Moore, Mnndy, Newton, Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Portlock, Qoarles, Richmond, Riyee, Robertson, Smith, Stebbins, Stnart, Summers, Tarry, Thorn, Thornton, Tumball, Vincent, Waddill, Walker, Walter. Watson, Wescott, Willis, Wise, Withers, Woodhonse, Wysor, Yancey, and Mr. President— 05. The journal of yesterday's proceedings was read and ap- proved. Mr. Aybrs moved that the Committee on Public Institutions and Prisons be granted leave of absence to visit the Hospitals at Staunton, Marion and Petersburg for one day each, at such time as the Committee shall think expedient — which motion was agreed to. Mr. Carter, from the Committee on the Legislative Depart- ment, made a minority report which was, on his motion, or- dered to lie on the table and be printed. Mr. Ingram presented a memorial from the bar of Manchester protesting against the decrease of the term of clerks to four years and suggesting an increase to eight years, which was re- ferred to the Committee on Judiciary. The President laid before the Convention a memorial from the Shiloh Baptist Association relating to method of granting liquor license, which was referred to the Committee on Pre- amble and Bill of Rights. On motion of Mr. Green the Convention resolved itself into a committee of the whole, upon the report of the Committee on Preamble and Bill of Rights, Mr. Turnbull in the chair. After some time passed in the committee of the whole, the President resumed the chair, and Mr. Turnbull reported that the Committee had risen without coming to any conclusion upon the matter referred to them. On motion of Mr. Barham the Convention adjourned. Digitized by Google 148 JOURNAL OF THS OOKSTITITTIONAL OOKVBKTIOir. FRIDAY, AUGUST 30, 1901. The Convention assembled at 12 o'clock M. Prayer by Re^ Dr. W. F. DuNAWAY, of the Baptist church. The roll of the Convention was called and the following moB bers were present and answered to their names : MeesiB. George K. Anderson, W. A. Anderson, Ayen, Barboar, Bariuu Thomas H. Barnes, Blair, Boaz, Bolen. Boaldin, Braxton. Bristow, Brooke, Bron Cameron, P. W. Campbell, Carter, Chapman, Cobb, Crismond, Dani< Danaway, Earman, Esgleston, Epee, FalrfSax, Flood, Gamett, Gilmore, Gillesp Glass, B. 'L\ Gordon, James W. (tordon, R. L. €k>rdon. Green, Gregory, Gwj Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Hanton, Ingram, CU ^tt B. Jones, G. W. Jones, Keezell, Kendall, Lawson ^Lincoln, LindMv, Lotc Marshall, Mcllwaine, Meredith, Miller, Moncare, R. Walton Moore, Thomas Moore, Mundy. Newton, Orr, Pedigo, PetUt, Phillips, Pollard, Portlock, Qnarl Richmond, Rives, Robertson, Stebbins, Stuart, Summers, Tarry, Thorn, Thoi ton, Tambull, Waddill, Walker, Walter, Watson, Wescott, Willis, Wise, Withe Wysor, Yancey, and Mr. President— 90. The journal of yesterday's proceedings was read and a proved. Messrs. Moobe, of Montgomery, Marshall, Brown, Stbbbiij and the President, presented petitions from the Valley Ba tist, and Dan River Baptist Associations, protesting against t appropriations of public moneys to sectarian institutions, whi on their several motions, were referred to the Committee on t Legislative Department. The President laid before the Convention a petition frc the Evangelical Lutheran Synod of southwest Virginia, i lating to the granting of liquor licenses, which was referred Committee on Preamble and Bill of Rights. Mr. Blair presented a petition from the merchants and ci zens of Wythe county, relating to the exemption laws, whi was referred to the Committee on Preamble and Bill of Righ Messrs. Barbour and Hooker presented petitions from i members of the bar from Culpeper and Patrick counties, spectively, relating to the term of office for county clerl which were, on their several motions, referred to the Commitl on Judiciary. Leave of absence was granted the following members : Mr. Davis, indefinite leave, on motion of Mr. Pedigo. Mr. Parks, 3 days, from to-day, on motion of Mr. Withk] Mr. Pettit, one day (to-morrow) , on motion of Mr. Quakl On motion of Mr. Hunton the Committee on Judiciary -v (discharged from the further consideration of resolution 1 188, and it was referred to the Committee on Corporations. On motion of Mr. Gordon, of Richmond, the Convention solved itself into a committee of the whole, upon the repo >. ^ Digitized by Google JOUBKAL OF TKB OOK8TITUnONAL OONYENTION. 149 of the Committee on Preamble and Bill of Rights, Mr. Turn- bull in the chair. After some time passed in the committee of the whole, the Prbsidbnt resumed the chair, and Mr. Turnbull reported that the committee had adopted the following : Resolved, That the committee recommends to the Convention, that debate before the committee on the preamble and amend- ments thereto, shall close not later than Thursday at 1 o'clock P. M. — ^which on motion of Mr. Turnbull, was agreed to. On motion of Mr. Crismond the Convention adjourned. SATURDAY, AUGUST 31, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. H. P. Atkins, of the Christian church. The roll of the Convention was called and the following mem- bers were present and answered to their names : Meflsra. W. A. Anderson, Ayen, Barboor, Thomas H. Bamei, Blair, Boa£, Bolen, Bonldin, Braxton, Bricitow, Brooke, Gameron, P. W. Campbell, Carter, Chapman, Cobb, Crismond, Daniel, Donawav, Earman, Eggleston, Epes, Flood, Gamett, 6ilmore, Qilleepie, Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Habara, Hnnton, Ingram, Clfusett B. JoneS; G. W. Jones, Kendall, Lincoln, Lindsay t Loyell, Marshall, Mcliwaine, Meredith, Miller, Moncare, Thomas L. Moore, Mondy, Newton, Orr, PedigOjJ^hillips« PoUard, Portlock, Quarles, Smith, Sftebbina, Stuart, Sonmiers, Tarry, Thom, Thornton, Tamboll, Vincent, Wad- dill, WiUker, Walter, Watson, Wescott, Willis, Wise, Withers, Wysor, Tanoey, and Mr. Preaideni— 82. The journal of yesterday's proceedings was read and ap- proved. The Pbksidbnt laid before the Convention petitions from the Dinwiddle Baptist Fraternity, the Strawberry Baptist Associa- tion, and citizens of Bedford county, relating to the licensing the sale of liquors, which was referred to the Committee on Preamble and Bill of Rights. The Pkbsidbnt laid before the Convention petitions from the Albemarle Baptist Association and the Strawberry Baptist As- sociation, protesting against the appropriation of public moneys to sectarian institutions, which were referred to the Commit- mittee on the Legislative Department. Mr. Bbaxton presented a petition from the Council of city of Staunton, protesting against certain plans submitted to the Convention, relating to the rights and privileges of cities. Digitized by Google 150 JOUBNAL OF THB 00N8TITUTI0NAL OONYENTION. which was referred to the Committee on Organization and Go ernment of Cities and Towns. Leave of absence was granted the following members : Mr. RoBBBTSoN, two days, on motion of Mr. Hunton. Mr. McIlwainb, two days, on motion of Mr. Obr. Mr. Gillespie, tour days, on motion of Mr. Moork, of Moi gomery. On motion of Mr. Braxton, the Convention resolved its into a committee of the whole, upon the report of the Co mittee on Preamble and Bill of Rights, Mr. Turnbull in t chair. After some time passed in the committee of the whole, t President resumed the chair, and Mr. Turnbull reported tl the committee had risen without coming to any conclusi upon the matter referred to them. On motion of Mr. Pollard, the Convention adjourned. MONDAY, SEPTEMBER 2, 1901. The Convention assembled at 12 o'clock M. Prayer by B Dr. W. F. DuNAWAY, of the Baptist church. The roll of the Convention was called, and the following mi bers were present and answered to their names : Messrs, W. A. Anderson, Ayers, Barbour, Bosz, Bolen, Braxton, Brooke, Bn Cameron, Clarence J. Campbell, P. W. Campbell, Carter, Daniel, Donaway, man, Epes, Fletcher, Flood, Qamett, Gilmore, James W. Gordon, R. L. Gor Gwyn, Hamilton, Hancock, Hooker, Hubard, Hanton. Ingram, G. W. Jc Lincoln, Lindsay, Marshall, Meredith, Miller, R. Walton Moore, Thomas L. M( Mundy, Newton, Orr, Pedigo, Pettit, Phillips, Pollard, Portlock. Qaaiiee, I mond, Smith, Stoart, Summers, Tarry, Turnbull, Vincent, Waddill, Walker, ^ cott. Withers, Wysor, Yancey, and Mr. President^-60. 1 The journal of Saturday's proceedings was read and proved. Mr. Brown presented a petition from the Strawberry A ciation and one from the citizens of Bedford county, relatini licensing the sale of liquors, which was referred to the G mittee on Preamble and Bill of Rights. Messrs. Smith and Hamilton presented petitions from merchants and citizens of Alexandria city and Petersburg spectively, relating to the exemption laws, which were refei to the Committee on Preamble and Bill of Rights. Mr. Brown presented a petition from the Strawberry A cis^tipn^ protesting against the appropriation of public moi Digitized by Google JOUBNAL OV THB CONSTITUTIONAL OQNYSNTION. 161 to sectarian institutionSi which was referred to the Committee on the Legislative Department. Messrs. Moorb, of Montgomery, Lincoln, and Mundy, pre- sented petitions from subordinate lodges of Virginia Independ- ent Order Odd Fellows, protesting against the taxation of beneyolent orders, which was referred to the Committee on Taxation and Finance. The President laid before the Convention a petition of the Shiloh Baptist Association, protesting against the appropriation of public moneys to sectarian institutions, which was referred to the Committee on the Legislative Department. Leave of absence, beginning to-day, was granted the following members : Mr. GrORDON, of Nelson, three days, on motion of Mr. QUARLES. Mr. Gregory, two days, on motion of Mr. Carter. Mr. Thom, two days, on motion of Mr. Brooke. Mr. Glass, indefinite leave, on motion of Mr. Moore, of Fairfax. On motion of Mr. Pettit the Convention resolved itself into a committee of the whole, upon the report of the Committee on Preamble and Bill of Bights, Mr. Turnbull in the chair. After some time passed in the committee of the whole, the President resumed the chair and Mr. Turnbull reported that the committee had risen without coming to any conclusion upon the matter referred to them. On motion of Mr. Richmond, the Convention adjourned. TUESDAY, SEPTEMBER 3, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. P. B. Price, of the Presbyterian church. The roll of the Convention was called, and the following members were present and answered to their names : Moflns. W. A. Anderson, Ayera, Barboor, Barham, Thomas H. Barnes^ Blair, Bolen, Braxton, Bristow, Brooke, Brown, Cameron, 0. J. Campbell, P. W. CAmpbeU, Garter, Gobb, Daniel, Dnnawar, £arman, Epes, Fairfax, Fletcher, Flood. Gamett, Gilmore, Glass, James W. Gordon, R. L. Gordon, Green, Gwyn, Hamilton, Hancock, Hardy, Hooker, Habard, Hnnton, Ingram, G. W. Jones, XJinooln, lindsay, Marshall, Meredith, Miller, Moncnre. B. Walton Moore, Thomas L. Moore, Mondy, Newton, O'Flaher^, Orr, Pedigo, Pettit, Phillips, Pollard, PorUock, Qoarles, Richmond, Rives, Kobertson, Smith, Stuart. Sum- men, Tarry, Thornton, TnmbuU, Waddill, Walker, Walter, Watson, Wescott, Wiae, untb^i^, Woodhwwe, Wysor, Yancey, and Mr, president— 76, Digitized by Google 152 JOURNAL OV THB OONBTITUTIONAL OONYBNTION. The journal of yesterday's proceedings was read and proved. Mr. MooBB, of Fairfax, presented a petition from the lod of Good Templars in the counties of Fairfax, Alexandria, Pri William, and the city of Alexandria, relating to the licens the sale of liquors, which was referred to the Committee Preamble and Bill of Bights. Mr. QuARLBs presented a petition from the Albemarle Assa tion, relating to the licensing the sale of liquors, which i referred to the Committee on Preamble and Bill of Rights. Mr. O'Flaherty presented petition from the Shenandi Baptist Association, protesting against the appropriation public moneys to sectarian institutions, which was referrec the Committee on the Legislative Department. Mr. Withers, from the Committee on Reduction of Expeni made the following reports : On the State debt, which was ferred to the Committee on Taxation and Finance ; on aboli ing the office of examiner of records, which was referred to Committee on Organization and Government of Counties ; criminal expenses, which was referred to the Committee Judiciary ; and on his motion, the reports were ordered tc printed. On motion of Mr. Pettit, the Convention resolved itself i a committee of the whole, upon the reports of the Commit on Preamble and Bill of Rights, Mr. Turnbull in the chi After some time passed in the committee of the whole, President resumed the chair, and Mr. Turnbull reported t the committee had risen without coming to any conclusion u] the matter referred to them. On motion of Mr. Richmond, the Convention adjourned. WEDNESDAY, SEPTEMBER 4, 1901. The Convention assembled at 12 o'clock M. Prayer by B C. P. Scott, of the Baptist church. The roll of the Convention was called and the following m< bers were present and answered to their names : Meesra. W. A. Anderson, Rarboar, Barham, Thomas H. Barnes, Blair. Be Braxton, Bristow, Brooke, Brown Cameron, P. W. Campbell, Carter, Cnam Daniel, Donawav, Earman, Eegleston, Epee, FairfiEix, Fletcher, Flood, Gan Gilmore, Glass, James W. Gordon, R. L. Gordon, Green, Gregory, Hamilton, 1 COCK, Hatton, Hooker, Hubard, Hanton, Ingram, G. W. Jones, LindMY, Lo Marshall, Mcllwaine, Meredith, MUler, Moncnre, R. Walton Moore, Thoma Moore, Mondy, Newton, O'Flaherty, Orr, Pedigo, Pettit, PhiUipe, Pollard, Qoa 1 Digitized by Google JOUSNAL OF THB OONSnTUTIONAL OONYSNTION. 153 RfaJmwad, BiTes, Robertson, Smith JBtcuurt, Sammen, Tany, Thorn, Thornton, ramball, Yinoent, Walker, Wataon, Wescot^ Wise, Withers, Woodhouse, Wysor, Yanoey, and Mr. President— 75. The joornal of yesterday's proceedings was read and ap- proTed. Mr. Anderson y of Rockbridge, proposed the following reso- lution, which, on his motion, was referred to the committee of the whole : Resolved, That the Committee on Revision and Schedule be instructed to embody in the schedule such provision as may be necessary to submit any Constitution which may be framed by this Convention to the people qualified to vote under the pres- ent Constitution for their ratification or rejection. On motion of Mr. Turnbull, the vote by which the resolution was referred to the committee of the whole was reconsidered, and it was referred to the Committee on Revision and Schedule. Messrs. Gilmorb, Fairfax, Vincent, Green, Glass, and Moorb, of Montgomery, presented petitions from various lodges of Independent Order of Odd-Fellows in Virginia, protesting against the taxation of property owned by religious and char- itable institutions and lodges, which were referred to the Com- mittee on Taxation and Finance. Messrs. Glass and Tarry presented petitions from the Straw- berry Association and the Concord Baptist Association, respect- ively, relating to licensing the sale of intoxicating liquors, vhich was referred to the Committee on Preamble and Bill of Kghts. Messrs. Glass and McIlwaine presented petitions from the Strawberry Baptist Association and the Appomattox Baptist Association, respectively, protesting against the appropriation of public moneys to sectarian institutions, which were referred to the Committee on the Legislative Department. Mr. Flood, by request, presented a petition from certain business men of Buchanan, relating to the exemption laws, which was referred to the Committee on Preamble and Bill of Rights. The following resolutions were introduced by Mr. O'Fla- HEKTY and referred : No. 254, limiting the contingent fund appropriation to 15,000, to the Committee on the Executive Department. No. 255, relating to method of paying money out of the treasury, to the Committee on the Legislative Department. No. 256, requiring all public institutions to keep an account of all moneys received and disbursed by them severally, and to make imder oath, an annual report to the Governor, to the Oommittee on the Legislative Department. 20 Digitized by Google 154 JOtFBNAL OF THB OONBTITUTIONAL OOKTBNTIOK. Mr. Moore, of Fairfax, introduced the following amendm to the rules : Resolved, That the following provision of rule 6 be, and same is, repealed; ''and all reports of standing commiti relating to changes, amendments, alterations, or provisions Convention, shall be referred to the committee of the wl without debate." — which was on his motion ordered to be printed and lie on table. Leave of absence was granted the following members : Mr. Hamilton, one day, on motion of Mr. Cameron. Mr. Flood, two days, on motion of Mr. Pettit. Mr. Walker from the Committee on Accounts and Expei tures, made the following report, which was agreed to : The Committee on Accounts and Expenditures, to which referred the following resolution, providing for additional c pensation for the janitors of this building, in consideratioi the extra amount of work done and time spent in attendana the night sessions of the committees, report that they fine investigation that the statements set forth in the resolution true, but because of the present arrangement, which does require their attendance at unusual hours, they do not consi that it will be necessary to make any provision for any a ditional compensation for the future. The committee, therefore, recommends that the sum of dollars to each of the three janitors be allowed for the e: work done by them up to this time, but that no provisioi made for additional compensation for the future. On motion of Mr. Pettit the Convention resolved itself a committee of the whole, upon the report of the Committe Preamble and Bill of Rights, Mr. Turnbull in the chair. After some time passed in the committee of the whole, President resumed the chair, and Mr. Turnbull reported the committee had risen without coming to any conclusion i the matter referred to them. On motion of Mr. Pettit the Convention adjourned t 11 o'clock A. M. to-morrow. \ Digitized by Google JOUBNAL OF THE OONSTITUTIONAL OONYBKTIOK. 155 THURSDAY, SEPTEMBER 5, 1901. The Convention assembled at 11 o'clock A. M. Prayer by Rev. C. P. Scott, of the Baptist church. The roll of the Convention was called, and the following members were present and answered to their names : Meaan. W. A. Andenon, Ayera, Barbour, Barham, M. H. Baniee, Thomas H. Barnes, Blair, Bolen, Booldin, Braztoo, Bristow, Brooke, Brown, Oameron, G. J. Campbell, P. W. Oampbell, Carter. Cobb, Grismond, Daniel, Donaway, Barman, ^- deston, Epes, Fair&x, Fletcher, Flood, Gamett,Gilmore,Gille6i>ie, Glass, James W. Gordon, B. L. Gordon, Green, GrMonr, Gwyn, Hancock, Hardy, Hatton, Hooker, Habard, Hnnton, Ingram, G. W. Jones, Keeiell, Kendall, Lawson, Lincoln, Lindsay, LoveU, Marshall, Mcllwalne, Meredith, Miller, Moncare, B. Walton Moore, Mondy, Newton, O'Flaherty, Orr, Pedigo, PetUt, Phillips, Pollard, Port- lock, Qaarles, Richmond. Bives, Robertson, Smith, Stoart, Hammers, Tarry, Thorn, Thornton, Tumbull, Vincent, Waddill, Walker, Walter, Watson, Wescott, Wise, Withers, Woodhonse, Yancey, and Mr. President— 87. The journal of yesterday's proceedings was read and ap- proved. Mr. RoBKRTSON proposed the following resolution, which was agreed to : Resolved, That after the closing of the debate to-day, the consideration of the preamble to the Constitution and all the pending amendments thereto be postponed until after the Con- vention has adopted the substance of the Constitution, and that after that time the committee of the whole be discharged from the consideration thereof until the further order of the Conven- tion. Mr. Qu^BLBS moved that the debate in the committee of the whole be extended to the close of the session to-day, which was agreed to. Messrs- Lincoln and Campbell, of Amherst, presented peti- tions from the New River Baptist church and the Albemarle A^ssociation at Mountain Plains church, respectively, relating k) licensing the sale of intoxicating liquors, which was referred Jo the Committee on Preamble and Bill of Rights. Mr. Lincoln presented a petition from the New River Baptist issociation, protesting against the appropriation of public noneys to sectarian institutions, which was referred to the [/ommittee on the Legislative Department. Mr. Eggleston presented a petition from the members of the )ar of Charlotte county, relating to the term of oflSce of the sounty clerks, which was referred to the Committee on Judi- ciary. Mr. Ayers presented a petition from various fraternal and >eneYolent societies of Stonega, Virginia, protesting against the Digitized by Google 156 JOUBNAL OF THB OOKBTITUTIOKAL OOKYBNTION. taxation of religious and charitable institutions and lod which was referred to the Committee on Taxation and Fina Leave of absence was granted Mr. Moore, of Montgon] three days, on motion of Mr. Blair. Mr. Wysor moyed to reconsider the vote by which the i lution proposed by Mr. Robertson was adopted, which agreed to. Mr. Flood then moved to temporarily pass by the resolui which was agreed to. On motion of Mr. Pettit, the Convention resolved itself a committee of the whole upon the reports of the Committc Preamble and Bill of Bights, Mr. Turnbull in the chair. After some time passed in the committee of the whole President resumed the chair, and Mr. Turnbull reported the committee had risen without coming to any conclusion i the matter referred to them. Mr. Robertson moved to take up the resolution in refer to postponing the consideration of the preamble and all pen amendments thereto, which was agreed to. On this Mr. Green moved the previous question. The previous question being ordered, the vote was taken the resolution was adopted — ayes, 53 ; noes, 27. On motion of Mr. Withers, the vote was recorded as foll^ Ayes— Meesn. Ajera, Barber, Barhftm, M. H. B&mes, Thomaa H. B Boaldin, Braxton, Brooke, Brown, Cameron, Carter, Cobb, Daniel, ^sgl Fletcher, Flood, Garnett, Jamee W. Gordon, B. L. Ctordon, Green, Gn Hardy, Hatton, Hunton, Ingram, G. W. Jones, Kendall, Lawaon, lAn LoYell, Mcllwaine, Meredith, Miller, Moncure, R. Walton Moore, Newton lard, Portlock, Qoarlee. Robertaon, Smith, Staart, Tarry, Thorn, Thornton, ball, Vincent^ Waddill, Wataon, Wesoott, Withers, Yancey, and Mr. dent— 53. Nobs— Messrs. W. A. Anderson, Blair, Bolen, Bristow, P. W. Campbell, mond, Earman, Gilmore, Gillespie, Glass, Gwyn, Hancock, Hooker, Hi Lincoln, Marshall, Mundy, O* Flaherty, Orr, Fedigo, Pettit^ Richmond, ] Snnmiers, Walker, Walter, and Wy8or^27. The following pairs were announced : Mr. Gordon, of Nelson, with Mr. Campbell, of Amh^ Mr. DuNAWAY with Mr. Chapman ; Mr. Woodhousk witl Davis ; Mr. Hamilton with Mr. Moore, of Montgomery ; Fairfax with Mr. Keezell ; Mr. Stbbbins with Mr. Phil: The first named in each instance would have voted in the mative. On motion of Mr. Green, the Convention adjourned. ^ Digitized by Google JOUBHAL Of THB OOKStmiTIOKAL OOKVINTIOH. 167 FRIDAY, SEPTEMBER 6, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. W. R. L. Smith, of the Baptist church. The roll of the Convention was called, and the following mem- bers were present and answered to their hames : Meens. W. A. Anderson, Ayen, Bftrboar, Bftrtuun, M. H. Barnes, Thomaa H. Bamee, Kair, Boas, Bolen^Bonldin, Braxton, BriBtow, Brooke, Brown, Cameron, Clarence J. Campbell, P. w. Campbell, Carter, Chapman, Cobb, Daniel, Dana- way^ Earman, Eflsleston, Epee, Fairikx, Fletcher, Flood, Gamett, Gilmore, Gil- lespie, Glass. B. T. Gordon, Jamei W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Hanton, Ingram, daggett B. Jones, G. W. Jones. Keezell, Kendall, Lawson, Lincoln, Lindsay, LoTell, MarshaU, McDwaine, Meredith, Miller, Moncare, R. Walton Moore, Mondy, Newton^ O' Flaherty, Orr, Pedigo, Pettit, Phillips, Pollard, Portlock, Qoarles, Riyes, Robertson, Smith, Stoart, Sammers, Tarry, Thorn, Thornton, Tnmbnll, WaddiU, Walker, Walter, Watson, Wesoott, Wise, Withers, Wood- hooBSy Wysor, Tanoey, and Mr. President— 90. The journal of yesterday's proceedings was read and ap- proved. Messrs. Boaz and Bolbn presented petitions from the Albe- marle Association at Mountain Plain Baptist church, and the New River Baptist Association, respectively, relating to licen- sing the sale of intoxicating liquors, which was referred to the Committee on Preamble and Bill of Rights. Mr. WiTHBRS presented a memorial from the Free Press, Danville, Va., outlining a suffrage law, which was referred to ihe Committee on the Elective Franchise. Mr. BoAz arose to a question of personal privilege, stating ihat he was unavoidably absent yesterday, but was paired with M[r. Harrison, who, had he been present, would have voted no ; ind he would have voted aye— on the Robertson resolution. Mr. O'Flaherty proposed the following resolution, which ^as agreed to : Resolved, That when the Convention adjourns to-day it ad- ourn to meet at 11 o'clock to-morrow. On motion of Mr. Pbttit the Convention resolved itself into i committee of the whole, upon the reports of the Committee )n Preamble and Bill of Rights, Mr. Turnbull in the chair. After some time passed in the committee of the whole, the ?besidsnt resumed the chair, and Mr. Turnbull reported that he committee had risen without coming to any conclusion upon he matter referred to them. Leave of absence was granted the following members : Mr. Hubard, four days, on motion of Mr. Orbbn. Mr. Stbbbins, three days, on motion of Mr. Bouldin. Mr. Gbbgory presented a petition from the members of the Digitized by Google 168 JOUBKAL Of THS OONSnTUTIONAL OOKVBKTIOK. bar of King William county, relating to the term of oflBce county clerks, which was referred to the Committee on Jud ary. On motion of Mr. Campbell, of Amherst, the Convent adjourned. SATURDAY, SEPTEMBER 7, 1901. The Convention assembled at 11 o'clock A. M. Prayer Rev. Dr. L. R. Mason of the Protestant Episcopal church. The roll of the Convention was called and the following m bers were present and answered to their names : Messrs. W. A. Anderson, Barbour, Barham, M. H. Barnes, Thomas H. Ba Blair, Boaz, Bouldin, Braxton, Bristow, Brown, Oameron, P. W. Oami Garter, Chapman, Cobb, Crismond, DanieL. Dana way, Egsleeton, £pe8« Fai Fletcher, Flood, Gilmore, Gillespie, B. T. Gordon, JamesW. Gordon, R. L. don, Green, Gregory, Gwyn, Hamilton, Hancock, Harrison, Hatton, Ho Honton, Ingram, Claggett B. Jones, G. W. Jones, Keezell, Kendall, Lai Lincoln, Lindsay, Lovell, Marshall, Mcllwaine, Meredith, Miller, Mon R. Walton Moore, Mandy, O' Flaherty, Orr, Parks, Pettit, Phillips, Pollard, lock, Quarlee, Riyee, Robertson, Smith, Stuart, Sammers, Tarry, Thorn, Thor TumbuU, Vincent, Waddill, Walker. Watson, Wise, Withers, Woodhoose Mr. President— 79. The journal of yesterday's proceedings was read and proved. Mr. Cameron proposed the following resolutions which \ unanimously adopted : Whereas the hand of an assassin has placed in peril the of the President of the United States, and the whole cou stands appalled at the foulness and cruelty of the cri therefore, be it Resolved, First, That the delegates of the people of Virgi in Convention assembled, view with horror and execration dastard blow which has been struck at the entire nation in person of its chief magistrate, and extend to all their fe citizens of the United States, and especially to those unitec ties of blood and family relationship to the President, the ] sincere expression of profound sorrow at the great cala] which has befallen the country. 2nd. That as a mark of affectionate sympathy and shai the grief which is felt by the whole American people, this 1 shall suspend its session for the day, and that the presi ofl5cer of the Convention is requested to convey to the pri secretary of the Executive of the United States, a cop these resolutions, the hopes and prayers of the people of Digitized by Google JOUKKAL Of THl OOKSTITirnOKAL OOKVBKTIOll. 15d ginia for the speedy restoration 6t President McKinley to- health and strength. In accordance with the resolutions adopted the Pbbsidbnt announced the Convention adjourned until Monday at 12 o'clock M. MONDAY, SEPTEMBER 9, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. W. V. Tudor of the Methodist Episcopal Church, South. The roll of the Convention was called and the following members were present and answered to their names : Mean. George K. Anderson, W. A. Anderson, Barboar, Thomas H. Barnes, Boaz, Bolen, Braxton, Brooke, Cameron, P. W. Campbell, Carter, Chapman, Diuiaway. Egg^eeton^ Epes, Fairfax, Flood, Gilmore, Gillespie, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Grejjory, Qwjn, Hancock, Hardy, Harrison, Haiton, Hooker, Hnnton« In|f;ram, ClMsett B. Jones, G. W. Jones, Keezell, KendaU, Lawson, Lincoln, Lindsay, Lovell, Marshail, Mcllwaine, Meredith, Miller, R. Walton Moore, Mondy, Newton, Orr, Parks, Pettit, Phillips, PoUard. Qnarlee, Rives, Smith, Stebbins, Stnurt, Summers. Tarry, Thom, Tarn- boll, Waddili, Walker, Watson, Wise, Withers, Wysor, and Mr. President— 68. The journal of Saturday's proceedings was read and ap- proved. The Pbbsidbnt laid before the Convention petitions from the preachers' meeting of Norfolk, Portsmouth, Berkley, and vicin- ity ; the voters of Berkley ; and the Augusta County Sunday School Union, in relation to the manufacture and sale of intox- icating liquors, which were referred to the Committee on Pre- imble and Bill of Rights. Mr. Stbbbins presented a petition from the members of the 3ar of Halifax county, favoring eight years' term of ofl5ce for derks of courts, which was referred to the Committee on the fudiciary. Messrs. Dukaway and Grebn presented petitions from citi- :ens of Richmond and Bedford counties, respectively, relating ;o the sale of intoxicating liquors, which were referred to the !)ommittee on Preamble and Bill of Rights. Mr. Wysor proposed resolution No. 257, relating to the suf- rage» which was referred to the Committee on Elective Fran- chise. Mr. Lincoln presented a resolution from the Gibson Mc- >eady Camp of Confederate Veterans of Smyth county, which vas referred to the Committee on the Legislative Department. Digitized by Google 160 JOUBKAL OV THB OOKSTTTUTIOKAL OOKVXKTIOK. • The P&B8IDBNT laid before the Convention the resoluti amending rule 6, and it was adopted. Ayes 31, noes SO. On motion of Mr. Quarlbs the vote was recorded as foUo? Atu— Meaan. George E. Anderson. W. A. Anderson, ThomAs H. Bu Boaz, Brooke, Garter, Donaway, Fairikx, B. T. Gordon, R. L. Gordon, 6n Harrison, Hooker, Honton, Inmm, 01afl»ett B. Jones, G. W. Jones, Keeiell, L son, Mcllwaine, Meredith, Muler, R. '^Iton Moore, Newton, i:rr. Parks, 8 bins, Tliom, Willis, Withers, and Mr. President— 31. Nob— Messrs. Barboar, Bolen, Braxton, P. W. Campbell, Chapman, Egfdei Epes, Gillespie, James W. Gordon, Gregorr, Gwyn, Hancock, Hardy, Hat Lincoln, Lovell, Marshall, Mandy, Pettit, Phillips, Pollard, Rives, Stumrt, 8i mers, Tarry, Tumball, Waddill, Walker, Wise, and Wysor— 30. . Mr. Quarlbs announced that he was paired with Mr. "W coTT, who, if he were present, would vote aye, and he wo vote no. Mr. Kebzbl move to reconsider the vote by which the resc tion was adopted. Mr. Marshall moved to pass the motion by, which \ agreed to. Leave of absence was granted the following members : Mr. Brown, two days, on motion of Mr. Gordon, of Ri mond. Mr. Danibl, two days, on motion of Mr. Harrison. Mr. Flood, two days, on motion of Mr. Harrison. Mr. Aybrs, three days, on motion of Mr. Marshall. Mr. Barnbs, of New Kent, four days, on motion of ] Jones, of King and Queen. On motion of Mr. Harrison the Convention resolved it into a committee of the whole, upon the report of the Comi tee on Preamble and Bill of Rights, Mr. Turnbull in the ch After some time passed in the committee of the whole, President resumed the chair, and Mr. Turnbull reported t the committee had risen without coming to any conclusion u the matter referred to them. On motion of Mr. Barnes, of Nansemond, the Convent adjourned. 1 Digitized by Google JOUBKAL 07 THB OOKSTITnnOKAL OONVBNTIOK. 161 TUESDAY, SEPTEMBER 10, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. C. L. Bane of the Methoduft Episcopal church. The roll of the Convention was called and the following mem- bers were present and answered to their names : Messrs. Geois® E. Andenon, W. A. Anderson, Barboor, ThomAs H. Barnes, Blair, Boez, Braxton, Bristow, Brooke, Cameron, P. W. Oampbell, Chapman, Cobb, Crismond, DanieJ, Dnnaway, Eggleston, Epes, Fainhx, Fletcher, Gamett, Gilmore, Gillespie, Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Honton, Ingram, GUm^U B. Jones, G. W. Jones, Eeezell, Lawson, Lincoln, Lindsay, LoveUy Marshall, Mcllwaine, Meredith, Miller, Moncore, R. Walton Moore, Mondy, Newton, O'Flaherty, Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Port- lock, Qoarles, Richmond, Rives, Robertson, Smith, Stebbins, Staart, Sammers, Tarry, Thorn, Thornton, Tumbull, Vincent, Waddill, Walker, Weecott, Willis, Wise, Withers, Wysor, and Mr. President— 82. The journal of yesterday's proceedings was read and ap- proved. Messrs. Richmond and O'Flaherty presented petitions from the Clinch Valley Baptist Association and the Shenandoah Baptist Association at Rockland, Warren county, respectively, relating to licensing the sale of intoxicating liquors, which were referred to the Committee on Preamble and Bill of Rights. Mr. Richmond presented a petition from the Clinch Valley Baptist Association protesting against the appropriation of public moneys to sectarian institutions, which was referred to the Committee on the Legislative Department. Mr. Anderson, of Alleghany, presented petitions from the members of the bar of Highland and Alleghany counties, in reference to the term of oflBice of clerks of courts, which were referred to the Committee on Judiciary. Mr. Anderson, of Alleghany, presented petitions from Cov- ington Lodge, No. 171, A. F. ■ii^. 168 JODBKAL or THS OONBIITUTIONAIi OONTENTION. 1 SATURDAY, SEPTEMBER 14, 1901. The Convention assembled at 12 o'clock M. Prayer by E C. C. Cox, of the Baptist church. The roll of the Convention was called and the following mi bers were present and answered to their names : M68BT8. Geois® E. Anderaon, Barboar, Thomas H. Barnes, Blair, Boas, B< Booldin, Braxton, Brooke, Brown, Oameron, Garter, Chapman, Dona^ Earman, Epes, Flood, Gamett, Gilleroie, B. T. Gordon, James W. Gordon, £ Grordon, Green, Gregoir, Hamilton, Hancock, Harrison, Hatton, Honton, Ingp Marshall. Mdlwaine, Meredith, Miller, Moncare, Mondy. Newton, O'FlalM Orr^ Parks, Pedigo, Phillips, Pollard, Qoarles, Richmond. Rives, Bobeil Smith. Stnart, Sammers, Thom, Thornton, Tomball, Waiter, Watson, \ Woodnoose, and Mr. Ih;esident— 58. The journal of yesterday's proceedings was read and proved. The President laid before the Convention a telegram fi the Virginia Democratic Association, of Washington, D. requesting that some action be taken by the Convention look to the enactment of laws for the suppression of anarchy, wh was referred t6 the Committee on Judiciary. At the request of the PRBsiDBNTof the Convention, by wt they were drafted, Mr. Braxton presented the following ] amble and resolutions, which were unanimously adopted : Since the adjournment of the Convention on yesterday most afflictive dispensation has been visited by Divine Pr< dence upon the American Republic, and to-day all the pec mourn. Their worst fears have been realized, and their loved Chief Magistrate is no more. President McKinley, 1 ing been suddenly struck down by the hand of a cruel assasi an avowed enemy of all organized government, and hav borne his suflFerings with heroic fortitude and Christian rej nation, has entered into eternal rest and gone to his rew^a In the presence of such an awful calamity, silence is more < quent than words. Speech has lost its power, and language altogether too poor to give expression to the deep and swell emotions of the heart. It becomes us, therefore, to be still remember that the Lord God omnipotent reigneth , and to I in humble submission to His Holy Will. Resolved, That the representatives of Virginia, in Conv tion assembled, speaking in the name and by the authority all her people, without distinction of party or creed, ten most respectfully to Mrs. McKinley their sincere and heart sympathy in this sad hour of her sore bereavement, and s< assurances to their countrymen everywhere, at home and jp'ond the seas, that they participate in the universal 8Qrr< Digitized by Google JOUBNAL OF THB 00N8TITUTI0KAL OONYBNTIOV. 169 id feel most deeply the crushing weight of the blow that has lllen upon our common country. Resolved, That a copy of these proceedings, signed by the ftKiD£NT and attested by the Secretary of the Convention, be rwarded to Mrs. McKinley, and to the Secretary of State of e United States. r Besolved, That, as a further mark of respect to the memory f the illustrious dead, the Convention do now adjourn. , The P&EsiDBNT declared the Convention adjourned until Mon- Ifty at 12 o'clock M. MONDAY, SEPTEMBER 16, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. r. W. W. Lear, of the Methodist Episcopal church. The roll of the Convention was called and the following mem- rs were present and answered to their names : (eesB. Geom K. Anderson, W. A. Anderson, Ayere, Barbour, Thomas H. nwB, Bkir, Mas, Booldin, Braxton, Brooke, Brown, Garter, Chapman, Cobb, imond, Daniel, Dona way. Barman, Eggleston, Flood, Gamett, Gillespie, «, R T. Gordon, James W. Gordon, R. L. Gordon, Green, Gregory, Hamilton, DoocK, Harrison, Honton, Ingram, Kendall, Lindsay, Mcllwaine. Meredith, kr, B. Walton Moore, Thomas L. Moore, Mondy, Newton, O'Flaherty, Orr, ks, IMigo,* Phillips. Pollard, Qoarles, Richmond, Robertson, Smith, Stuart. imen. Thorn, TamboU, Waddill, Walker, Walter, Watson, Wescott, Wise, ior, Tanoey, and Mr. President— 65. rhe journal of Saturday's proceedings was read and ap- ►ved. Jr. Daniel oflFered the following resolutions which were mimously adopted : lesolved, 1. That the President of the Convention is re- sted to appoint a committee of five members of this body, ittend to-morrow, in the city of Washington, the services in tor of the late William McKinley, President of the United tes. . That a committee of five be also appointed by the Prbsi- rr of the Convention to make necessary arrangements for ropriate services to be held in this hall on Thursday, the 1 inst., the day of the late President's funeral, n motion of Mr. Daniel, the President of the Convention made chairman of the committee to attend the services in (hington, the President pro iem putting the question. T. Nbwton, from the Committee on Taxation and Finance, 22 Digitized by VjOOQ IC 170 JOUBNAL 07 THE OOKSTITUTIONAIi OONYSNTIOtf . introduced the following resolution and asked its inime< consideration, which was agreed to : Resolved, That the Auditor of Public Accounts be reqm to obtain from the proper authorities in each city and to? the Commonwealth the following information, and to fui the same to the Committee on Finance and Taxation : 1. The tax rate in each of the said cities and towns, fo year 1900, not including the State tax rate. 2. The assessed valuation for the year 1900 of the shai stock, and also, separately, the assessed valuation for said of the bonds of corporations, taxable in the hands of holders thereof, in each of said cities and towns. 3. The nature and amount of license tax imposed for purposes, during the year 1900, in each of said cities and tc upon corporations doing business therein, specifying the n and amount of license tax to which the different classes oi porations are respectively subject therein. VIRGINIUS NEWTON Chairman of Commit — and, on his motion, it was adopted. Messrs. Grkkn, Chapman, Garnbtt. Summers, O'Flah] Gillespie, Hunton, and Moore, of Montgomery, pres< petitions from citizens of Pittsylvania, Shenandoah, Mat! Washington, Clarke, Tazewell, and Fauquier counties, an Valley Baptist Association, respectively, relating 4o lice the sale of intoxicating liquors, which were referred \a Committee on Preamble and Bill of Rights. Mr. MooRB, of Montgomery, presented a petition from cot Lodge, No. 166, I. 0. 0. F., protesting against the tax of property belonging to benevolent societies, which w f erred to the Committee on Taxation and Finance. Leave of absence was granted the following members : Mr. QuARLBS, three days, on motion of Mr. Boaz. Mr. Pedigo, two days, on motion of Mr. Walter. Mr. BoLEN, six days, on motion of Mr. Gillespie. On motion of Mr. Green, the Convention resolved itsel a committee of the whole, upon the reports of the Comr on Preamble and Bill of Rights, Mr. Turnbull in the chj After some time passed in the committee of the whol President pro tern having taken the chair, Mr. Tur3 reported that the committee had risen without coming t4 conclusion upon the matter referred to them. Mr. MooRE, of Fairfax, proposed the following resoli and asked its immediate consideration, which was agreed Resolved, That the Convention has heard, with deep t\ of the seriousness of the injury recently sustained by the Digitized by Google r JOURNAL 07 THB GONSTITUTIOKAL CONYBNTION. m WRLY A. Davis, the delegate from Franklin county, and tends to him the expression of its sincere sympathy and best ishes. ^nd on his motion it was unanimously adopted. The President pro tern announced the following appoint- ents on the committee to attend the funeral services of the e President, in Washington, to-morrow : Messrs. Goodb, Daniel, Wise, Moorb, of Montgomery, and LilB. On the committee to make arrangements for appropriate scr- ees in this hall Thursday : Messrs. Moorb, of Fairfax, Anderson, of Rockbridge, tEEn, Brooke, and Gillespie. On motion of Mr. Braxton, the Convention adjourned. TUESDAY, SEPTEMBER 17, 1901. The Convention assembled at 12 o'clock M. The President 0 tern in the chair. Prayer by Rev. Dr. W. B. Beauchamp, the Methodist Episcopal Church, South. The roll of the Convention was called and the following ambers were present and answered to their names : wun. George K. Andenon, Ayera, Barboar, M. H. Bamee, Thomas H. Barnee, X, fionldm, Braxton, Brooke, Brown, Oameron, Garter, Grismond, Dunaway, muL ^gleeton, Fletcher, Flood, Gamett, Gillespie, Glass, B. T. Gordon, w W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, dy, Harrison, Hatton, Hooker, Hanton, Ingram, Eeezell, Kendall, Lindsay, B^l, Mcllwaine, Meredith, Miller, Moncare, R. Walton Moore, Mandy, Jon, (yFlaberty, Orr, Parks, Phillips, Pollard, Richmond, Rives, Roberteon, biitt, Sommers, Thom, Tumball, Waddill, Walker, Walter, Watson, Wescott, h Wysor, Tancey, and Mr. President i>ro lemr~&J, "he journal of yesterday's proceedings was read and ap- red. lessrs. Stkbbins, Dunaway, Hancock, Carter, Wbscott, tixjN, of Richmond, Ingram, Gordon, of Nelson, Wysor, BoAZ, presented petitions from citizens of Halifax, Lan- «r, Powhatan, Appomattox, Hanover, and Accomac coun- , city of Richmond, Chesterfield, Nelson, and Pulaski coun- , aud citj of Charlottesville, respectively, relating to licen- ; the sale of intoxicating liquors, which were referred to the imitt^e on Preamble and Bill of Rights. r. Hancock presented a petition from Goodwill Lodge, I. ). F., protesting against the taxation of benevolent societies, ch was referred to the Committee on Taxation and Finance. Digitized by Goot 172 JOtTBKAL 07 THB OONSTIIUTIONAL OONVENTIOV. ^ Mr. Hancock presented a memorial from Jas. E. Moxe] Dispatch, Powhatan county, relating to a Board of Immi tion, which was referred to the Committee on Agriculti Manufacturing and Industrial Interests, and Immigration. Mr, Hancock presented a memorial from citizens of Poi tan and Chesterfield counties, relating to the fence law, w was referred to the Committee on Organization and Grovemi of Counties. Messrs. Hatton and Thom presented petitions from pastors of the Baptist churches of Norfolk, Portsmouth, Ber and vicinity, to prohibit the appropriation of public mone; sectarian institutions, which were referred to the Committc the Legislative Department. Leave of absence was granted the following members : Mr. Fairfax, two days, on motion of Mr. Newton. Mr. Campbell, of Washington, three days, on motion oi Barbour. Mr. Withers, one day, on motion of Mr. Miller. Mr. WooDHOUSB, five days, on motion of Mr. Hatton. Mr. PoRTLOCK, three days, on motion of Mr. Hatton. Mr. Moore, from the committee appointed yesterday to i preparations for the memorial services in this hall Thurs reported the following : To the Constitutional Convention of Virginia : The committee appointed to arrange services in memo the late President McKinley, to be held by the Conventi< its hall, Thursday, the 19th instant, beg leave to recomi the following program : The Convention will meet at eleven o'clock A. M., and i ductory remarks will be made by the President. Religious exercises will then be conducted by Rev. \^ Tudor, of the M. E. Church, South. At the conclusion of these exercises there will be addn by ofiicials representing the various departments of the 1 government, followed by addresses by members of the Cor tion. It is suggested that members of the Convention intendii speak signify their purpose to the President before the sei opens, in order that any confusion may be avoided. The services will be closed with a benediction by Rev W. F. DUNAWAY. Respectfully, R. WALTON MOORE, WILLIAM A. ANDERSO BERRYMAN GREEN, D. TUCKER BROOKE, A, P, GILLESPIE, Digitized by Google JOtJBNAL OP THB CONStlTtrTXONAli COKVEN'TIOK'. 173 On motion of Mr. Brooke, the following resolutions were opt-ed : Resolved, 1. That the reports of the committee be adopted. I, That when the Convention adjourns on Wednesday, the rh instant, it shall adjourn to meet on Thursday morning, » 19th instant, at 11 o'clock, for the memorial services as lommended by the committee, and that no other business be .nsacted on that day. [)n motion of Mr. Green the Convention resolved itself into somraittee of the whole, upon the report of the Committee on eamble and Bill of Rights, Mr. Turnbull in the chair. khev some time passed in the committee of the whole, the fismENT pro tern resumed the chair, and Mr. Turnbull re- rted that the committee had had under consideration the re- rt of the Committee on Preamble and Bill of Rights on the I of rights, and had directed him to report the same with lendments. }n motion of Mr, Green the report as amended was ordered he on the table and be printed. )n motion of Mr. Thom the Convention adjourned. WEDNESDAY, SEPTEMBER 18, 1901 Phe Convention assembled at 12 o'clock M. Prayer by Rev. . Richard McIlwatne, of the Presbyterian church. Phe roll of the Convention was called and the following mbers were present and answered to their names : ettTB. Georste K. Anderson, W. A, Anderson, Ayers, Barbour, Barham, M. H. oca, Thomas H. Barnes, Blair, Boaz, Braxton. Bristow, Brooke, Brown, Cam- I, Carter, Chapman, Cobb, Daniel, Dunaway, Earman, Eggleston, Epes, id, Gamett, Gillespie. Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, BO, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, itOD, Iiigram, Claggett B. Jones, Keezell, Kendall, Lindsay, Lovell, Marshall, Iwaioe, Meredith, Miller, Moncure, R. Walton Moore, Thomas L. Moore, Miy, Newton, O' Flaherty, Orr, Parks, Phillips, Pollard, Richmond, Rives, erteon. 8tebbinE, Summers, Tarry, Thom, Turnbull, Vincent, Waddill, Iker, Walter, Wateon, Wescott, Willis, Wise. Wyeor, Yancey, and Mr. Presi- t-7S. rhe journal of yesterday's proceedings was read and ap- >Ted. Messrs. McIlwaine, Tarry, Blair, Vincent, Gillespie, BcocK, Brown, Rives, Wysor, O'Flaherty, Jones, of King lQueen,MooKE,of Montgomery, Braxton, Walker, Moore, Fairfax, Gordon, of Louisa, Garnett, Hooker, Lovell, EHAM, Stebbins, Gordon, of Nelson, Parks, Earman, Wad- Digitized by Goo '^ 174 JOUBKAL 09 THS GOKSTITnTIOKAIi OOKVBNTIOK. DILL, Crismond, Walker, Flood, Eggleston, Glass, Gori of Richmond, Brooke, Newton, Hamilton, Ingram, Bari of New Kent, Pollard, Meredith, Thom, and Braxton sented petitions from the citizens of Prince Edward, Meek burg, Wythe, Sussex, Tazewell, Chesterfield, Bedford, Pr George, Pulaski, Giles, Warren, King and Queen, Radf Augusta, Orange, Fairfax, Louisa, Mathews, Patrick, Gre Madison, Southampton, Halifax, i^elson. Page, Rockingh Mecklenburg, Henrico, Spotsylvania, Westmoreland, Campl Charlotte counties, and the cities of Lynchburg, Richmi Norfolk, Richmond, Petersburg, Manchester, Newport N( Richmond, Norfolk, Staunton, and Fredericksburg, respecti^ relating to licensing the sale of intoxicating liquors, which ^ referred to the Committee on Preamble and Bill of Rights. The President laid before the Convention a petition f the citizens of Albemarle and Nelson, relating to licensing sale of intoxicating liquors, which were referred to the C mittee on Preamble and Bill of Rights. Mr. Lindsay presented a petition from Junior Order Uc American Mechanics of Charlottesville, protesting against appropriation of public moneys to sectarian institutions, w was referred to the Committee on the Legislative Departm Mr. Keezbll presented a petition from the citizens of B ingham, protesting against the election of district school 1 tees by the people, which was referred to the Committer Education and Public Instruction. Mr. Anderson, of Rockbridge, presented resolutions i the citizens of Buena Vista, in reference to the suppressi< anarchy, which was referred to the Committee on the Judici Mr. Anderson, of Alleghany, presented a memorial i Australia Lodge, 1. O. 0. F., protesting against the taxatic benevolent societies, which was referred to the Committ-e Taxation and Finance. Mr. Summers introduced resolution No. 258, relating t eight-hour labor day, which was referred to the Committe the Legislative Department. Mr. Harrison proposed certain amendments to the maj report of the Committee on the Legislative Department, ^ were ordered to lie on the table. Mr. Summers proposed certain amendments to the maj report of the Committee on the Legislative Department, i?i were ordered to lie on the table. Leave of absence was granted the following members : Mr. Phillips, five days, on motion of Mr. Moorb, of ^ gomery. Mr. Gordon, of Louisa, three days, on motion of Mr. ] ton. Digitized by Google J017BKAL 07 THB 00K8TITUTI0KAL OONVBNTIOK. 175 Mr. Stuart, three days, on motion of Mr. Hunton. On motion of Mr. Jonbs, of King and Queen, the second doorkeeper was granted two days' leave of absence, beginning Friday. On motion of Mr. Cameron, the Committee on the Executive Department was granted permission to sit during any session of this Convention they may think proper. Mr. JoNBS, of King and Queen, called up the motion of Mr. KsBZBLL to reconsider the vote by which the resolution of Mr. Moors, of Fairfax, to amend section 6 of the rules, was adopted. Mr. Garnbtt moved to pass by the motion to reconsider, which was rejected — ayes, 23 ; noes, 34. The motion to reconsider was then put and adopted — ayes, 51 ; noes, 19. Mr. Harrison then moved to lay the motion on the table, which was rejected. Mr. Barbour then moved to pass by, which was rejected. The question was then put on the resolution, and it was re- jected— ayes, 23; noes, 51. — and on motion of Mr. Moorb, the vote was recorded as fol- lows : Atbb — Meesra. Barham, Thomas H. Barnes, Boaz, Cameron, Orismond, Flood- G^laas, B. T. Gordon, Harriaon, Hooker, Hunton, Ingram, Claggett B. Jonee, Kee, Eell, Lindsay, Mcllwaine, Miller, Orr, Robertson, Thorn, Wescott, Willis, and the Preeideiit— 2a. NoBB — Meeere. Gfeorge K. Anderson, Avers, M. H. Barnes, Blair, Braxton, ^ristow, Brooke, Brown, Cobb, Daniel, bunaway, Earman, Eggleston, Epee, Letcher, Gamett, Gillespie, James W. Gordon, R. L. Gordon, Green, Gregory, j^wyn, Hamilton, Hancock, Hardy, Hatton, Kendall, Lovell, Marshall, Mer^ith, Ifoncnre, Thomas L. Moore, Mondy, 0* Flaherty, Parks, Phillips, Pollard, Rich- Qond, Rivee, Stebbins, Summers, Tarry, Tambull, Vincent, Waddill, Walker, Salter, Watson, Wise, Wysor, and Yancey— 61. The following pairs were announced : Mr. Moorb, of Fairfax, with Mr. Quarlus ; Mr. Anderson, ►f Rockbridge, with Mr. Newton. The first named would lave voted in the affirmative. On motion of Mr. Moors the Convention resolved itself into , committee of the whole, upon the report of the Committee on he Legislative Department, Mr. Walker in the chair. After some time passed in the committee of the whole, the ^BK8ii>BNT resumed the chair, and Mr. Walker reported that tie committee had risen without coming to any conclusion upon he matter referred to them. On motion of Mr. Crismond the Convention adjourned. Digitized by Google 176 JOITBKAL or THS OOKSnTUTIOKAL OOKVXKTIOir. THURSDAY, SEPTEMBER 19, 1901. The Convention assembled at 12 o'clock M. The Prbsidbnt announced that, in accordance with thei tions previously adopted, the regular business of the Gc tion would be dispensed with, and suitable memorial se would be held in memory of the Ute President, Williai Kinley. Whereupon the President addressed the Convention which he introduced Rev. Dr. W. V. Tudor, of the Met Episcopal Church, South, who conducted the memoris vices. Addresses were made by Rev. Dr. Tudor, Governor J. Tyler, Judge R. H. Card well, of the Court of Appeals Hon. Henry T. Wickham, President pro tern of the Senate the following members of the Convention, Messrs. MoIl¥ Ingram, Moore, of Montgomery, Blair, and Andbrs( Rockbridge. Rev. Dr. Dunaway, pronounced the benediction, an President declared the Convention adjourned. FRIDAY, SEPTEMBER 20, 1901. The Convention assembled at 12 o'clock M. Prayer bj Dr. W. F. Dunaway, of the Baptist church. The roll of the Convention was called, and the following bers were present and answered to their names : Messrs. George K. Anderson, W. A. Anderson, Ayers, Barboar, Barfaam Barnes. Blair, Boaz, Braxton, Bristow, Brooke, Cameron, P. W. Gampbe ter, Cobb, Daniel, Dunaway, Earman, Epes, Fletcher Flood, Garnett, C Gillespie, B. T. Gordon, James W. Gordon, Green, Gregory, Gwyn, Hi Hancock, Hardy, Harrison, Hatton, Hooker, Hunton, Ingram, Claggett B Kendall, Lawson, Lindsay, Lovell, Marshall, Mcllwaine, Meredith, Mille care, R. Walton Moore, Thomas L. Moore, Mandy, Newton, O'Flaher Parks, Pedigo, Pollard, Richmond, Rives, Robertson, Stebbins, Sammere Thom, Tnrnball, Vincent, Waddill, Walker, Walter, Watson, Weaoott, Wise, Withers, Wysor, Tancey, and Mr. President— 76. The journal of Wednesday's and Thursday's proce< were read and approved. Messrs. Richmond, Cobb, Hardy, Rives, Moncurk, coTT, Dunaway, Ayers, Carter, Waddill, Moore, of Fi Marshall, O'Flaherty, Bristow, Moore, of Montgo Lawson, Fletcher, Daniel, Pedigo, Harrison, Flood, I Digitized by Google JOXJMKAL or THB OOJN UTITU YIUITAL OOKTlKTIOir. 177 DON, Oarnstt, Willis, Cobb, Waltsb, Eabman, Kkndall, Epbs, Gbbbn, Campbell, of Washington, Gwyn, Robxbtson, Walker, Gillbspib, Vincent, Wysor, Withers, Gordon, of Richmond, Thom, Bbooke, Meredith, Lindsay, Cameron, Hatton, presented petitions from citizens of Scott, Caroline, and Amelia, Lunenburg, Surry, King George, Stafford, Acco- mac and Northampton, Lancaster, Richmond, Wise, Hanover, Henrico, Fairfax, Roanoke, Clarke, Middlesex, Montgomery, Isle of Wight, Loudoun, 'Campbell, Henry, Frederick, Appomat- tox, Nelson, Mathews, Elizabeth City, Caroline, Orange, Rockingham, Accomac, Dinwiddie, Pittsylvania, Washington, Grayson, Roanoke, Northumberland, Tazewell, Sussex, and Giles counties, and the cities of Danville, Richmond, Norfolk, Richmond, Charlottesville, Petersburg, and Portsmouth, re- lating to licensing the sale of intoxicating liquors, which were referred to the Committee on Preamble and Bill of Rights. Mr. Orr presented a petition from Virgin Lodge, No. 121, I. 0.0. F., protesting against the taxation of benevolent socie- ties, which was referred to the Committee on Taxation and Finance. Messrs. Stbbbins and Hancock presented petitions from the members of the Junior Order United American Mechanics, pro- testing against the appropriation of public moneys to sectarian institutions, which was referred to the Committee on the Legis- lative Department. Mr. Daniel presented a petition from the members of the Strawberry Baptist Association, protesting against the appro- priation of public moneys to sectarian institutions, which was referred to the Committee on the Legislative Department. Mr. Thom presented petitions from the attorneys and mem- bers of the bar, the Mayor and Common Council, residents and business men of the city of Newport News, protesting against the abolishment of the dual system of courts, which were re- ferred to the Committee on Judiciary. The following resolutions were introduced and referred : By Mr. Pbdiqo, No. 259, amending section 5 in regard to the powers and duties of the Qovprnor, which was referred to the Committee on the Executive Department. By Mr. Wysor, No. 260, relating to the elective franchise and qualification for office, which was referred to the Commit- tee on the Elective Franchise. Mr. Barham proposed the following resolution, and asked its immediate consideration, which was agreed to : Resolved, That on and after September 23d this Convention assemble at 10.30 A. M. and adjourn at 2.30 P. M. — which was rejected. 23 Digitized by Google 178 jouBKAL or THB oonshtdtiokai. ooKvumoir. >i Mr. Lindsay proposed the following resolution and aske immediate consideration, which was agreed to : Resolved, That the Committee on Printing be authorize print 1,200 copies of the full proceedings of the session of Convention, held September 19th, together with resolutions reports that were preliminary thereto. The resolution was, on motion of Mr. Boaz, referred t< Committee on Reporting and Printing. Leave of absence was granted the following members : Mr. McIlwaine, two days, on motion of Mr. Obr. Epes, one day, on motion of Mr. Rivbs. Hancock, one day, on motion of Mr. Rives. Egolbston, three days, on motion of Mr. Turnbull Brown, two days, on motion of Mr. Gordon, of I Mr. Mr. Mr. Mr. mond Mr. Barnes, of Nansemond, four days, on motion of Moore, of Fairfax. Mr. HuNTON, two days, oii motion of Mr. Moore, of Fail Mr. Parks, three days, on motion of Mr. Anderson, of I bridge. Mr. MuNDY, four days, on motion of Mr. Moore, of ^ gomery. Mr. DuNAWAY made a report from six members of the < mittee on Privileges and Elections, which was ordered to 1 the table and be printed. Mr. Harrison made a report of four members of the i mittee on Privileges and Elections, which was ordered to 1: the table and be printed. On motion of Mr. Moore, of Fairfax, the Convention res< itself into a committee of the whole, upon the reports ol Committee on the Legislative Department, Mr. Walkk the chair. After some time passed in the committee of the whole President resumed the chair, and Mr. Walker reported the committee had risen without coming to any conclusion the matter referred to them. On motion of Mr. Lindsay the Convention adjourned. 1 Digitized by Google JOtJBKiLL OF THE OONSTITUTIOKAL CONVENTION, 179 SATURDAY, SEPTEMBER 21, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. »r. T. S. Dunaway, of the Baptist church. The roll of the Convention was called, and the following lembers were present and answered to their names : Messre. W. A. Anderson, Ayers, Barbour, Barham, M. H. Barnes, Blair, Boaz, tJuMin, Braxton, Brislow, Brooke, Cameron, P. W. Campbell, Carter, Cobb, Miel, Dunaway, Earman, Flood, Garnett, Gilmore, Gillespie, B. T. Gordon, imes W. Gordon, R, L. Gordon, Green, Gregory, Gwyn, Hamilton, Hardy, irrison, Hat ton, Hooker, Ingram, Claggett B. Jones, Kendall. Lawson, Lindsay, Bvell, Marshall, Meredith, Miller, Moncure, R. Walton Moore, Thomas L. 'oore, Newton, O' Flaherty. Orr, Pedigo, Pollard, Richmond, Rivee, Robertson, tbbins, Snmmers. Tarry, Thorn, Turnbull, Waddill, Walker, Walter, Watson, ^eecott, Willis, Wise, Withers, Wysor, Yancey, and Mr. President— 69. The journal of yesterday's proceedings was read and ap- roved. Messrs. Moore, of Montgonery, Gillespie, Yancey, Bar- 5UR, Cobb, Hatton, Robertson, Green, and Marshall, pre- mted petitions from citizens of Montgomery, Tazewell, Rappa- annock, Culpeper, and Caroline counties, and the cities of ortsmouth, Roanoke, and Danville, re?pectively, relating to censing the sale of intoxicating liquors, which were referred > the Committee on Preamble and Bill of Rights. Mr. Willis proposed ordinance No. 261, to authorize the ex- nption by the board of supervisors of any county, or any )mmon council of any city or town in this Commonwealth, om any county or municipal levies, manufacturing enter- rises, which was referred to the Committee on Taxation and inance. Mr. Dunaway proposed a substitute for Article VIII of the ill of Rights, as reported to the Convention by the committee f the whole, which was ordered to lie on the table and be rinted. Leave of absence was granted the following members : Mr. Anderson, of Alleghany, one day, on motion of Mr. arxett. Mr. Barham, six days, on motion of Mr. Gordon, of Nelson. Mr. Moore, of Montgomery, two days, on motion of Mr. LAIR. Mr. Thom, five days, on motion of Mr. Brooke. The President laid before the Convention an invitation from le Superintendent of the Penitentiary to visit the State Farm f an early day. The Secretary of the Convention was in- nicted to acknowledge the receipt of the invitation. Mr. Pollard, from the Committee on Privileges and Elec- Digitized by GooSi 180 ;rotmi$rAL ot th« ooKstiTtmoKAL oonnrmmoit. tions, made a report in the contested election case of Treat Gkegohy, which was ordered to lie on the table and be printi On motion of Mr. Moobe, of Fairfax, the Convention resoh itself into a committee of the whole, upon the reports of i Committee on the Legislative Department, Mr. Walker in l chair. After some time passed in the committee of the whole, 1 President resumed the chair, and Mr. Walker reported tl the committee had risen without coming to any conclusi upon the matter referred to them. On motion of Mr. Harrison, the contested election case Morgan Treat vs. Roger Gregory, was made the special on for Friday the 27th instant, at 12 :30 o'clock. Mr. Braxton proposed an amendment to 12th section of I of Rights as reported by the committee of the whole, wh was ordered to lie on the table and be printed. Upon motion of Mr. O'Flaherty the Convention adjourn MONDAY, SEPTEMBER 23, 1901. The Convention assembled at 12 o'clock M. Prayer by R Dr. A. E. Dickenson, of the Baptist church. The roll of the Convention was called, and the following m< bers were present and answered to their names : MesBre. W. A. Anderson, Ayers, Barboar, M. H. Barnes, Blair, Boaz, Bool Braxton, Brown, Cameron, P. W. Campbell, Carter, Chapman, Ciismond, Da Dunaway, Barman, Epes, Flood, Gilmore, Gillespie, Glass, B. T. Gordon, Ji W. Gordon, R. L. Goraon, Green, Greoory, Gwyn, Hamilton, Hancock, Ha Harrison, Hatton, Hunton, Ingram, Cla^ett B. Jones, Lawson, Lincoln, Lo Marshall, Meredith, Miller, R. Walton Moore, Newton, O'Flaherty. Orr, Pec Pollard, Portloek, Qoarles, Richmond, Rives, Robertson, Smith, Stebbins, ^ mere, Xarnr, Thornton, Vincent, Waddill, Walker, Watson, Wescott, V Withers, Wysor, and Mr. President— 67. The journal of Saturday's proceedings was read and proved. Messrs. Thornton, Hardy, Hunton, Quarles, Inor Brown, Portlock, Crismond, Glass, Quarles, and Barij of New Kent, presented petitions from citizens of Prince '\ liam, Lunenburg, Loudoun, Albemarle and Warren, Augui Chesterfield, Bedford, and Norfolk counties, and the cities Fredericksburg, Lynchburg, Staunton, Newport News, res] tively, relating to licensing the sale of intoxicating liqo( which were referred to the Committee on Preamble and Bil rights. \ Digitized by Google JOUKITAL or THB OONSXITUTIOHAL OOlTYIHTIOir. 181 Messrs. Lincolk, Quarlbs, Ingram, and Wtsob, presented petitions from the Junior Order United American Mechanics, protesting against the appropriations of public moneys to sec- tarian institutions, which were referred to the Committee on the Legislative Department. Mr. Wysor presented a petition from the Valley Baptist As- sociation, held at Radford, protesting against the appropriation of public moneys to sectarian institutions, which was referred to the Committee on the Legislative Department. Mr. Daniel presented a memorial from mjsmbers of the bar of Lynchburg, relating to the term of office for county clerks, which was referred to the Committee on Judiciary. Leave of absence was granted the following members : Mr. Pbttit, indefinite leave, on motion of Mr. Daniel. Mr. Harrison, three days, beginning to-morrow, on motion of Mr. Flood. Mr. Anderson, of Alleghany, three days, on motion of Mr. Flood. Mr. Hooker, three days, on motion of Mr. Campbell, of Washington. On motion of Mr. Moore, of Fairfax, the Convention re- solved itself into a committee of the whole, upon the report of the Committee on the Legislative Department, Mr. Walker in the chair. After some time passed in the committee of the whole the President resumed the chair, and Mr. Walker reported that the committee had risen without coming to any conclusion upon the matter referred to them. On motion of Mr. Meredith the Convention adjourned. TUESDAY, SEPTEMBER 24, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. Dr. P. B. Price, of the Presbyterian church. The roll of the Convention was called and the following members were present and answered to their names : Menn. W. A. Andenon, Ayen, Barbour. M. H. Barnes, Blair, Boaz, Boaldin, BraxtoD, Brown, Cameron, P. W. GampbeJl, Carter, Chapman, Cobb, Criamond, IDatiiel, Danaway, Earman, Eggleston, jBpes, Fair&x, Fletcher, Flood, Gilmore, Oiilespie, Glass, B. T.Gordon, James W. €k>rdon, R. L. €k>rdon. Green, Gregory, <3wyn, Hamilton. Hancock, Hardy, Hatton, Hunton, Inmm, Claggett B. Jones, O. W. Jonee, Kendall, Lawson, Hnooln, Lindsay, Lovell, Marshall. Mcllwaine, ^Ciller, Moncare, B. Walton Moore, l^ewton, CyFlaherty, Orr, Pedigo, Pollard, :^orUock, Qoarles, Richmond, Robertson, Smith, Stabbins, Stuart, Summers, *Wmrrjt Thornton, Tumbuli, Vincent, Waddill, Walker, Walter, WataoB, Wescott, ^WiUiSy Wise, Withers, Woodhonae, Wysor, and Mr. President— 78. Digitized by Google 182 JOUBNAL OF THB OOKSTITUTIOKAL OONVENTION. The journal of yesterday's proceedings was read and i proved. Mr. Lindsay proposed the following resolution : '* Resolved, That when the Convention adjourns to-morrc it shall adjourn to meet at 10 o'clock A. M. each day thereaf unless otherwise ordered." Mr. Ayers moved to amend by inserting 30 after the figi 10, making the resolution read 10 : 30 o'clock. Mr. Summers moved to postpone the consideration of resolution until October the first. The question being put on Mr. Summers' motion to postpo it was rejected — ayes, 21 ; noes, 51. — and on motion of Mr. Lindsay the vote was recorded as lows : AvK&~Me88rB. M. H. Barnee, Braxton, Brown, P. W. Campbell, Garter^ ] man, Egeleston, Gilleepie, Hatton, Olaegett B. Jones, Lincoln, Lovell, Monc Newton, Pediso, Portlock, Sammere, VTaiker, Walter, Wataon, and Wiae— 21 Non — Messrs. W. A. Anderson, Ayers, Barbour, Blair, Boaz, Booldin, 01 man, Cobb, Grismond, Daniel, Dunaway, Epee, Fairfax, Fletcher Flood, Giln: Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, GregoiV, Gi Hancock, Hardy, Honton, G, W. Jones, Lawson, Lindsay, Marshall, Mcllwi Miller, R. Walton Moore, O'Flaherty, Orr, Pollard, Qaarles, Richmond, Rol son, Stebbins, Stuart, Tarry, Thornton, Tnmbnll, Vincent, WaddiU, Weet Willis, Withers, Wysor, and Mr. President— ^1 The question was then put on the amendment oflFered by ] Ayers, and it was adopted — ayes, 41 ; noes, 31. — and on motion of Mr. Lindsay the vote was recorded as lows : Ates— Messrs. W. A. Anderson, Ayers, M. H. Barnes, Brown, Oameion, P, Oampbell, Garter, Cobb, Daniel, Eggleston, Fairfax, B. T. Gordon, Gre^iory, Gi Hamilton, Hancock, Hardy, Hatton, Lincoln, Lovell, Marshall, Moncnre, f ton, 0 Flaherty, Orr, Portlock, Quarles, Richmond, Stuart, Summers, Ta Thornton, Turnbull, WaddiU, Walker, Walter, Watson, Wescott, WiUis, V and Wysor— 41. NoKB— Messrs. Barbour, Blair, Boaz, Bouldin, Chapman, Crismond, Dunai Epes, Fletcher, Flood, Gilmore, Gillespie, Glass, James W. Gordon, R. L. Gron Green, Hunton, Claggett B. Jones, G. W. Jones, Lawson, Lindsay, Mcllwi Miller, R Walton Moore, Pollard, Robertson, Stebbins, Vincent, Withers, and President— 30. The resolution proposed by Mr. Lindsay, as amended, i then adopted — ayes,- 64 ; noes, 8. — and on motion of Mr. Lindsay the vote was recorded as lows : Atbb— Messrs. W. A. Anderson, Ayers, Barbour, M. H. Barnes, Blair, IB Cameron, P. W. Campbell, Carter, Chapman, Cobb, Crismond, Daniel, Dnna^ Earman, Epes, Fairfax, Fletcher, Flood, Gillespie, Glass, B. T. €k>rdoD, Ji W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hancock, Hardy, Hal Sunton, G. W. Jones, Lawson, Lincoln, Lindsay, Lovell, MarshiUl, Mcllwi 1 Digitized by Google JOURNAL OF THE CONSTITUTIONAL OONVENTION. 183 Miller, Moncure, B. Walton Moore, Newton, O'FUherty, Onr, Pollard, Portlock, Qnarlee, Richmond, Robertson, Stebbins, Stoart SommerB, Tarry, Thornton. Tamboll, Vincent, Waddill, Walter, Weeoott, Willifl, Wise, Withen, Wysor, and Mr. President-^ No»— Messrs. Bonldin, Braxton, Brown, Eggleeton, Hamilton, Claggett B. Jones, Walker, and Watson— 8. Messrs. Moore, of Fairfax, OTlahebty, Chapman, Jones, of Pittsylvania, and Miller presented petitions from the citi- zens of Fairfax, Clarke, Shenandoah, and Pittsylvania counties and the city of Danville, relating to licensing the sale of intoxi- cating liquors, which were referred to the Committee on Pre- amble and Bill of Rights. Mr. QuARLES presented a petition from the Augusta County Sunday Union, relating to the sale of liquors, which was re- ferred to the Committee on Preamble and Bill of Rights. Mr. Babboub proposed resolution No. 262, to regulate the sale of intoxicating liquors, which was referred to the Commit- tee on Preamble and Bill of Rights. Mr. Waddill presented a petition from the Junior Order United American Mechanics, protesting against the appropria- tion of public moneys to sectarian institutions, which was re- ferred to the Committee on the Legislative Department. Leave of absence was granted Mr. Brooke, five days, on mo- tion of Mr. Cameron. On motion of Mr. Moore, of Fairfax, the Convention resolved itself into a committee of the whole, upon the report of the Committee on the Legislative Department, Mr. Walker in the chair. After some time passed in the committee of the whole, the President resumed the chair, and Mr. Walker reported that the committee had risen without coming to any conclusion upon the matter referred to them. , On motion of Mr. Newton, the Convention adjourned. WEDNESDAY, SEPTEMBER 25, 1901. The Convention assembled at 12 o'clock M. Prayer by Rev. E. N. Calisch, D. D., of Beth Ahaba synagogue. The roll of the Convention was called and the following members were present and answered to their names : Measra. W. A. Anderson, Ayers, Barbour, M. H. Barnes. Blair, Boaz, Braxton, Brown, Clarence J. OampbelL P. W. Oampbell, Carter, Chapman, Cobb, Daniel,. Donaway, Earman, Epee, Fairfax, Fletcher. Flood, Gihnore, Gillespie, Glass, B. T. Gordon, James W. Gordon, It. L, Gordon, Green^ Gregory, Gwyn, Ham- Digitized by Google IM JOUBITAL or THB OOlf STITDTlOlf AL OUNTMTIOK, iltoB. Hanoock, Hardy, Hatton, Honton, Iiimin,€naa«ttB. Jaom, 6. W. J Kenaall, Lawaon, Lincoln, LindMy, LoreU, MawhaJI, IfeJlwaine, Mavi Miller, Moncore, B. Walton Moore, Thomae L. Moore. Nowtem, (^Fla] Orr, Parks, Pedigo, Phillipe, Pollard, Portlock, Qoarlee, Richmond, BiTw, ertaon, Smith, Stebbine, Stoart, Summers, Tarry, Thornton, Tarnboll, Wi Walker, Walter, Watson, Weeoott, Willis, Wise, Withers, Woodhoose, H Tancey, and Mr. President— 80. The journal of yesterday's proceedings was read and proved. Messrs. Boaz and Lawson presented petitions relatin licensing the sale of intoxicating liquors, which were refc to the Committee on Preamble and Bill of Rights. Mr. Stsbbins moved that one day's leave of absence, tx ning to-morrow, be granted Mr. Barboub, which was ag to. On motion of Mr. Moors, of Fairfax, the Conventioi solved itself into a committee of the whole upon the repoi the Committee on the Legislative Department, Mr. Wai.ka the chair. After some time passed in the committee of the whole. President resumed the chair and Mi. Walker reported the committee had risen without coming to any conclusion r the matter referred to them. On motion of Mr. Lindsay the Convention adjourned. THURSDAY, SEPTEMBER 26, 1901. The Convention assembled at 10 : 30 o'clock A. M. Pri by Rev. Dr. R. P. Kerr, of the Presbyterian church. The roll of the Convention was called and the following m bers were present and answered to their names : MesBn. Georse K. Anderson W. A. Anderson, Ayera, M. H. Barnes, Thonu Barnes, Blair, Boaz, Bonldin, Braxton, Bristow. Brown, Cameron, Glaren^ Campbell, P. W. Campbell, Carter, Chapman, Cobb, Crismond, Duiiel, Dana Earman, Eggleeton, Epee, Fair&z, Fletcher, Flood, Gamett, Gilmore, Gillf Glaas, B. T. Gordon, James W, Gordon, R. L. Gordon, Green, Gregory, Q Hamilton, Hancock, Hardy, Hatton, Hubard, Hanton, Intpram, Qa^ec Jones, G. W. Jonee, Keezell, Kendul, Lawson, Lindsay, Lovell, Man McUwaine, Meredith, Miller, Moncare, R. Walton Moore, Newton, O'Flah Orr, Parks, Pedigo, Phillips, Pollard, Portlock, Richmond, Rives, Robei Stebbins, Stuart, Summers, Tarry, Thornton, Tumbnll, Vincent, Wa4 Walker, Walter, Watson, Wescott, Willis, Wise, Withers, Woodhoose, W Tanoey, and Mr. President— 66. 1 Digitized by Google JOUBHAL or THE OONfftlTUTIONAL OONTXNTIOK. 185 The journal of yesterday's proceedings was read and ap- proved. Messrs. Keszbll, Hamilton, and Mbrbdith presented peti- tions from citizens of Rockingham county, and the cities of Petersburg and Richmond, respectively, relating to the sale of intoxicating liquors, which were referred to the Committee on Preamble and Bill of Rights. Messrs. Gobdon, of Richmond, and Pollard presented peti- tions from the Junior Order United American Mechanics, pro- testing against the appropriation of public moneys to sectarian institutions, which were referred to the Committee on the Legislative Department. Mr. Mbrbdith, by request, presented a petition from certain women, natives or residents of the State of Virginia, relating to the divorce laws, which was referred to the Committee on the Legislative Department. On motion of Mr. Boaz, leave of absence was granted the first door-keeper for four days. On motion of Mr. Flood, leave of absence was granted the Secretary for one day. Mr. Watson, from the Committee on the Elective Franchise, made a majority report, which was ordered to lie on the table and be printed. Mr. Wysor, from the Committee on the Elective Franchise, made a report, which was ordered to lie on the table and be printed. On motion of Mr. Moorb, of Fairfax, the Convention re- solved itself into a committee of the whole upon the report of the Committee on the Legislative Department, Mr. Walkbr in the chair. After some time passed the Prbsidbnt resumed the chair, and Mr. Walkbr reported that the committee had risen without coming to any conclusion upon the matter referred to them. Mr. Gi^ASs proposed resolution No. 263, to allow women to qualify as notaries public, which was referred to the Committee on the Elective Franchise. On motion of Mr. Richmond the Convention adjourned. 24 Digitized by Google 186 JOUBNAL OF THE OOKSTTnTTIOKAL OONYBHTIOH. FRIDAY, SEPTEMBER 27, 1901. The Convention assembled at 10 :30 o'clock A. M. Praye Rev. J. G. Herndon, of the Presbyterian church. The roll of the Convention was called, and the following n bers were present and answered to their names : Meesrs. George E. Anderson, W. A. Anderson, Ayers, Barboar, M. &. Bi Thomas H. Barnes, Blair, Boaz, Boaldin, Braxton, Bristow, Brown, Clara Campbell, P. W. Campbell, Carter, Chapman, Crismond, Daniel, Don Earman, Epes, Fairfax, Fletcher, Garnett, Gilmore, Gillespie, Glass, B. T don, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hai Hardy, Harrison, Hatton, HooRer, Habard, Hanton, Ingram, Claffsett B. J G. W. Jones, Keezell, Kendall, Lawson, Lindsay^ Lovell, Marshall, Mcll^ Meredith, Moncare, R. Walton Moore, Thomas L. Moore, Newton, 0*Fla] Parks, Pedigo, Phillips, Pollard, Portlock, Richmond, Rives, Robertson, 8 Rtebbins, Staart, Sammers. Tarry, Thornton, Tumball, Waddill, Walker, ^ Watson, Wescott, Willis, Wise, Withers, Woodhouse, Wysor, Tancey, an Presiden1^84. The journal of yesterday's proceedings was read and proved. Mr. McIlwainb proposed the following resolution and a its immediate consideration, which was agreed to. Resolved, That the Committee on Reporting and PrintiE requested to recommend to the Convention a suitable perse revise and edit the debates and proceedings of the Conven and to supervise the publication of the same in permanent f and also to report to the Convention what would, in its opii be a suitable compensation for such work. — on motion of Mr. Meredith it was laid on the table. Mr. Bristow presented petitions from citizens of Middl county relating to licensing the sale of intoxicating liqi which were referred to the Committee on Preamble and Bi Rights. Messrs. Nkwton, Tarry, and Pollard presented petil from the Junior Order United American Mechanics, protes against the appropriation of public moneys to sectarian i tutions, which were referred to the Committee on the Leg tive Department. Leave of absence was granted the following members : Mr. Orr, six days, on motion of Mr. McIlwaine. Mr. Earman, three days, on motion of Mr. O'Flaherty Mr. PEDiao, two days, on motion of Mr. Bristow. Mr. Anderson, of Rockbridge, two days, on motion of Gilmore. Mr. Miller, five days, on motion of Mr. Withers. On motion of Mr. Harrison, the special order set for tc was postponed until next Thursday at 12 ;30 o'clock. ^ Digitized by Google [E CONSTITUTIONAL CONVENTION. 187 linority report from the Committee on which was ordered to lie on the table Committee on the Elective Franchise, No. 264, which was, on his motion, le and be printed. )RE, of Fairfax, the Convention resolved of the whole, upon the report of the lative Department, Mr. Walker in the 3d in the committee of the whole, the chair, and Mr. Walker reported that under further consideration the report le Legislative Department, and that it to relieve the committee of the whole ration of section 23 of that report, d to, and the committee was relieved on of section 23, and, on motion of Mr. vas referred to the Committee on the Qment of Counties. RNBULL the Convention adjourned. f, SEPTEMBER 28, 1901. nbled at 10 : 30 o'clock A. M. Prayer [oIlwaine, of the Presbyterian church, ition was called and the following mem- tiswered to their names : Ay era, Barbour, M. H. Barnes, Thomas H. Barnes, n, Bristow, Brown, Cameron, P. W. Campbell, loiid, Dunaway, Eggleston, Epes, Flood, Garnett, don, James W. Gordon, Green, Gregory, Gwyn, n, Hatton, Hooker, Hubard, Hunton, Ingram, les, Keezell, Kendall, Lincoln, Lindsay, Lovell, 1, Moncure, R. Walton Moore, Thomas L. Moore, illips, Follard, Portlock, Richmond, Rives. Robert- Summers, Tarry, Thornton, Turnbull, Waddill, irs, Wood house, Wysor, Yancey, and Mr. Presi- rday's proceedings was read and ap- >BB, Hamilton, Cameron, Pollard, presented petitions from citizens of mnties, and the cities of Petersburg, d Richmond, relating to licensing the 188 JOUXKAL OV THl OOKBTITUTIOHAL OONYBimOlf . sale of intoxicating liquors, which were referred to the ' mittee on Preamble and Bill of Rights. Messrs. Lindsay and Boaz presented petitions from cit of Albemarle and Charlottesville, protesting against the i tion of the Barbour and Quarlbs resolutions, relatii licensing the sale of intoxicating liquors, which were ref to the Committee on Preamble and Bill of Rights. Mr. Newton presented petitions from the Junior ( American Mechanics, protesting against the appropriati< public moneys to sectarian institutions, which were ref err the Committee on the Legislative Department. Leave of absence was granted the following members : Mr. Wescott, six days, on motion of Mr. Jones, of Kinj Queen. Mr. Walker, six days, on motion of Mr. Jones, of Kinj Queen. Mr. Hancock, two days, beginning Monday, on moti< Mr. Rives. On motion of Mr. Moore, of Fairfax, the Convention res itself into a committee of the whole upon the reports o Committee on the Legislative Department, Mr. Boaz ii chair. After some time passed in the committee of the whoh President resumed the chair, and Mr. Boaz reported thi committee had risen without coming to any conclusion the matter referred to them. On motion of Mr. Hatton, the Convention adjourned. MONDAY, SEPTEMBER 30, 1901. The Convention assembled at 10:30 o'clock A. M. P by Rev. Dr. P. B. Price, of the Presbyterian church. The roll of the Convention was called and the folio members were present and answered to their names : Meesrs. Ayen, Barbour, Thomas H. Barnes, Blair, Boaz, Boaldin, Bi Brooke, Brown, Oameron, Garter, Ohapman, Danaway, Eggleeton, Glimore, Gillespie, B. T. Gordon, James W. Gordon, B. L. Gordon, Hardy, Hooker, Hubard, Hunton, Ingram, G. W. Jones, Keezell, L Mcllwaine, Meredith, Thomas L. Moore, Newton, Phillips, Pollard, Q Richmond, Staart, Summers, Tarry, Thom, Tumbnll, Waddill, Walter, V Wise, Withers, Wysor, Yancey, and Mr. Preeidentn-50. It appearing from the roll call that there was not a qu present, Mr. Turnbull moved to adjourn, which was rejec ayes, 15 ; noes, 35. 1 Digitized by Google SOXnOfAL OW TBS OONBflTtmOKAL OONVBKTlOir. 18d On motion of Mr. Atbbs, the vote was recorded as follows : At»— Meanrs. Barbour, Bntzton, Brooke, Brown, Ouneron, Ourter, Gilleepie. Bardy, Ingimm, Thomma L. Moore, Sommen, Thorn, Tumball, Walter, and Wataott— 15. No»— Meaera. Ayera, Thomaa H. Bamea, Blair, Boas, Boaldin, Chapman, Dunaway, l^leaton, Epea, Gilmore, B. T. Gordon, Jamea W. Gordon, R. L. Gor- lon, Qregorr, Gwyn, Hooker, Habard, Hanton, G. W. Jonea, Keesell, Lincoln, IfcDwaine, Maredith, CFlaher^ PhiUipa, Pollard, Qnarlaa, Richmond, Stnart, Carry, WaddiU, Wiae, Withera, Wyaor, and Mr. Preaident^-35. Mr. 0 'Flaherty then moved a call of the House. The call being sustained, on motion of Mr. OTlaherty, the 70te was recorded as follows : ATBa— Meaerai Blair, Braxton, Chapman, Gilmore, Gillespie, B. T. Gordon, Famea W. Gordon, R. L. Gordon. Gwyn, Hooker, Mcllwaine, 0' Flaherty, Pollard, ^chmond, Withera, Wyaor, and Mr. Preaident— 17. No»— Meaara. Ayera, ThOmaa H. Bamea, Boaz, Booldin, Brooke, Brown, Cam ooD, Carter, Donaway, Eggleaton, Rpaa» Glaaa, GrMory, Hardy, Habard, Hun- on, Ligram, G. W. Jonea, Keezell, Lincoln, Bieredith, Thomaa L. Moore, iliillips. Qoarlea, Stuart, Sommera, Tarry, Thorn, Tumball, Walter, Wataon, and ^iae— 32. The President then instructed the Secretary to send for hose absent without leave, pending which, on motion of Mr. Vyers, the Convention adjourned. TUESDAY, OCTOBER 1, 1901. The Convention assembled at 10.30 o'clock A.M. Prayer by lev. Dr. J. J. Gravatt, of the Protestant Episcopal church. The roll of the Convention was called and the following mem- ers were present and answered to their names : Meaara. George K. Anderaon, Ayera, Barbour, Thomaa H. Bamea, Blair, Bpaz, olen, Booldin, Braxton, Briatow, Brooke. Brown, Cameron, Clarence J. Gamp- ^ P. W. Campbell, Carter, Chapman, Cobb, Criamond, Dunaway, Eggleaton, pea, FairfikZ, Gilmore, Gilleapie, Glaaa, £[. T. Gordon, Jamea W. Gordon, R. L. ordon, GrefKory, Gwyn, Hamilton, Hancock, Hardy. Hooker, Habard, Hnnton, ignun, G. W. Jonea, Keezell, Lincoln, LindBav, Mcllwaine, Meredith, Moncure, . Walton Moore, Thomaa L. Moore, Mundy, Newton, O'Flaherty, Pedigo, tiillipa. Pollard, Portlock, Qoarlea, Richmond, Smith, Stoart, Summers, Tarry, lom, Tliomton, Tumball, WaddiU, Walter, Wataon, Willie, Wiae, Withera, uioey and Mr. Preaident^Tl. The journals of Saturday's and Monday's proceedings were tad and approved. Messrs. Jonbs, of Pittsylvania, Kbxzbll, Egolbston, Blair, ^UBARDy Baislmbs, of Nansomond, Nbwton, Oobdon, of Rich- Digitized by Google "1 190 JOUBHAL OF THB 00N8TITUTI0NAL OOKVBKTIOK. mond, Thom, Mbrbdith and Brooke presented petitions i citizens of Pittsylvania, Rockingham, Charlotte, Wythe, ( berland and Nansemond counties, and the cities of Richm Norfolk, Richmond and Norfolk, relating to licensing the of intoxicating liquors, which were referred to the Comm on Preamble and Bill of Rights. Messrs. Thom, Wise and Glass presented petitions from Junior Order United American Mechanics, protesting agj the appropriation of public moneys to sectarian institut: which were referred to the Committee on the LegisL Department. Mr. Ingram presented a petition from the Odd Fellows o city of Manchester, protesting against the taxation of proj held and owned by the fraternal and beneficial .associat which was referred to the Committee on Taxation and Finj Leave of absence was granted the following members : Mr. Lawson, four days from yesterday, on motion of Barnes, of Nansemond. Mr. Green, three days from yesterday, on motion of Withers. Mr. Barham, three days, on motion of Mr. Gordon, of son. Mr. Parks, three days from yesterday, on motion of Gwyn. Mr. Marshall, three days from yesterday, on motion of Gwyn. Mr. Withers proposed the following resolution, and s its immediate consideration, which was agreed to : Resolved, That the Committee on Accounts and Expendi of the Convention be instructed to report to the Conventio soon as may be, how many of the present force of clerks, j and other employees, may be dispensed with after Octoh 1901. — and, on his motion, it was adopted. Mr. Withers proposed the following resolution, which rejected : Resolved, That on and after Monday, October 7, 1901 Convention shall assemble at 10.30 o'clock A. M. each day remain in session until 1.30 P. M., when a recess of one 8 half hours shall be taken, and at 3 P. M. the Convention re-assemble, and adjourn at 5 P. M. for the day. Mr. HuNTON proposed the following amendment to the r which was ordered to lie on the table and be printed : Amend Rule 20 by adding thereto the following : **When in the committee of the whole, any member (e others concurring) shall have a right to demand the yeas nays upon any question at any time before it be put." Digitized by Google :e constitutional contention. 191 "ogre, of Fairfax, the Convention re- Qittee of the whole, upon the report of jgislative Department, Mr. Boaz in the ?d in the committee of the whole, the chair, and Mr. Boaz reported that the thout coming to any conclusion upon em. ed that the Convention again resolve f the whole, which was agreed to, and, ;, the vote was recorded as follows : ieraon, Ayers, Barbour, Thomas H. Barnes, Blair, , P. W. Campbell, Carter, Chapman, Cobb, Cria- DQore, Gillespie, Glass, B. T. Gordon, James W. , Hancock, Hunton, Ingram, G. W. Jones, Keezell, Meredith, Moncure, R. Walton Moore, Thomas L. 1, Quarles, Richmond, Rives, Stuart, Tarry, Thorn, Willis, Withers, and Mr. President— 50. oailton, Hooker, 0' Flaherty, Portlock, Smith, and id in the committee of the whole, the chair, and Mr. Boaz reported that the I that they be discharged from further 18 of the report of the Legislative De- referred to the Committees on Judiciary 5S and Towns, of Mr. Moore, agreed to. granted the Secretary for to-day, on N. granted Mr. Robertson for one week, an motion of Mr. Moore, of Fairfax. RFAx the Convention adjourned. ►AY, OCTOBER 2, 1901. bled at 10 : 30 o'clock A.M. Prayer by lY, of the Baptist church, ition was called and the following mem- iswered to their names : , W. A. Anderson, Ayers, Barbour, Thomas H. ildin, Braxton, Bristow, Brooke, Brown, Cameron, mpbell, Carter, Chapman, Cobb, Crismond, Daniel, airfax, I letcher, Gilmore, Gillespie, Glass, B. T, L. Gordon, Gregory, Gwyn, Hamilton, Hancock, Id2 sotwsfJLL or TBA ooHgTmjiioKAti ooimDmoir. Hatton, Hooker, Halwrd, Hnnton, Inmm, G. W. Jod60« Keeiell, KewdiiH, colb, Lindsay, McUwaine, Meredith, Moncore, R. Walton Moore, Thonu Moore, Mondj, Newton, O' Flaherty, Pedigo, Phillips, Pollard, Portlock, Qua Richmond, Rives, Smith, Stoart, Summer^ ^^^'^ Thorn, Thornton, Tcun] Vincent, Waddill, Walter, Watson, Willis, Wise, Withers, Woodhoose, Yaa and Mr. Preeident^78. The journal of yesterday's proceedings was read and proved. Messrs. Kendall, Carter, Rives, Moobe, of Fairfax, Po LOCK, and Hancock, presented petitions from citizens of Noi ampton, Hanover, Prince George, Fairfax, Norfolk, Chesterfi< and the city of Manchester, relating to licensing the sale intoxicating liquors, which were referred to the Committee Preamble and Bill of Rights. Mr. Gregory presented a petition from the Junior Or United American Mechanics, protesting against the approp tion of public moneys to sectarian institutions, which ^ referred to the Committee on the Legislative Department. Mr. Daniel arose to a question of personal privilege, \ stated that he had been unavoidably absent for three days, i asked to be excused, which was agreed to. The amendment proposed yesterday by Mr. Hunton to B 20, and ordered to lie on the table and be printed, was read On motion of Mr. Moore, of Fairfax, the Convention solved itself into a committee of the whole, upon the rep< of the Committee on the Legislative Department, Mr. Boaj the chair. After some time passed in the committee of the whole. President resumed the chair, and Mr. Boaz reported that committee had risen without coming to any conclusion u the matter referred to them. On motion of Mr. Barbour, the Convention adjourned. THURSDAY, OCTOBER 3, 1901. The Convention assembled at 10 : 30 o'clock A. M. Pri by Rev. Dr. Richard McIlwaine, of the Presbyterian chui The roll of the Convention was called and the following m bers were present and answered to their names : Meesra. George K. Anderaon, W. A. Anderson, Ayera, BarlK>ar, Barham H. Barnes, Thomas H. Barnes, Boaz, Bolen, Bouldin, Braxton, Bristow. £tn Brown, Oameron, Olarence J. Oampbell,P. W. Oampbell, Garter, Cobb, Crian: Daniel, Donaway, Egsleston JBpes, Fairfiuc, Fletcher, Gamett, Gilmoxe, GOlc Glass, B. T. Gordon, James W. Gordon, B. L. Gordon, Green, Gregory, O Digitized by Google JOUBKAL OF THE 00N8TITUTI0NAL OONYBNTIOir. 193 Hamilton, Hancock, Hardy, HarriBon, Hatton, Hooker, Hanton, Iii8:ram, G. W JoneSjKeesell, Kendall, Lincoln,Lind8aj,Mar8haU, Mcllwaine, Meredith,Moncare, S. Walton Moore, Thomas L. Moore, Mundy, Newton, O' Flaherty, Parke, Pedigo, Phillips, Pdllard, Portlock, Qaarles, Richmond, Rives, Smith, Stebbins, Stniut, Sammera, Tarry, Thorn, Thornton, Tumbnll, WaddlU, Walter, Watson, Willis, Wiae, Withers, Yancey, and Mr. President— 82. The journal of yesterday's proceedings was read and ap- proved. Messrs. Andbbson, of Rockbridge, Ayers, Carter, Mar- shall, Garnett, and Parks presented petitions from citizens of LexiDgton, Dickenson, Hanover, Roanoke, Mathews, and Page counties, relating to licensing the sale of intoxicating liquors, which were referred to the Committee on Preamble and Bill of Rights. Messrs. Willis, Thornton, Hunton, Barbour, and Hamil- ton, presented petitions from the Junior Order United Ameri- can Mechanics, protesting against the appropriation of public moneys to sectarian institutions, which were referred to the Committee on the Legislative Department. Mr. Waddill proposed resolution No. 264i, restricting 3oards of supervisors creating bonded indebtedness ; and reso- ution No. 265, prohibiting the credit of the counties of the 3tate being granted to or in aid of any person, association, or corporation, which were referred to the Committee on Organi- sation and Government of Counties. Indefinite leave of absence was granted Mr. Chapman on notion of Mr. Withers. Mr. Glass, from the Committee on Reporting and Printing, aade the following report : ^o the President and Members of the Constitutional Convention : Gentlemen : Your Committee on Printing, etc., to which was eferred a resolution authorizing the printing of twelve hun- red (1200) copies of the proceedings of the Convention of eptember 19, 1901, in memory of the late President McKin- jy, beg to report that the cost of such a publication in neat ermanent form, on plate paper, with substantial cloth binding, ttered in gold, will not exceed $150.00. Your committee is aanimously of the opinion that the work ought to be done, id recommend that the committee be authorized to have it cecuted at once. Very respectfully, CARTER GLASS, Chairman. -which was adopted, and on motion of Mr. Gordon, of Rich- ond, the vote was recorded as follows : 26 Digitized by Google 194 JOURNAL OV THX OONSTITTTTIONAL OONVXKTIOXr. Atbi— Me88n.George K. Anderson, Ayen, Barboar,Barham, Thomas H. I Bolen, Bouldin, Bristow, Brooke, Brown, Cameron, Clarenoe J. Campbell, Campbell, Carter, Cobb, Crismond, Daniel, Donaway, Esgleston, Epes, F Fletcher,Gamett, Glass, Green,Gregory, Hamilton,Hanoock, Hardy^Harriao ton, Keezell, Kendall, Lincoln, Lindsay, Meredith, Moncnre, R. Walton Thomas L. Moore, Mandy, CFlaherty, Phillips, Pollard, Portlock, Qaaries mend. Smith, Stuart, Tarry, Thom, Thornton, Waddill, Walter, Willis, Withers, and Mr. President--56. Nobs— Messrs. M. H. Barnes, Boaz, Braxton, Gilmore, Gillespie, B. T. G James W. Gordon, R. L. Gordon, Gwyn, Hooker, Honton, G. W. Jones, Pedigo, Riyes, and Tnmball— 16. Mr. HuNTON, from the Committee on Judiciary, propose following resolution and asked its immediate considen which was agreed to : Resolved, That the Secretary of the Convention notif clerks of the county and circuit courts, who have failed to reports required by law, or called for by the Convention they be, and are hereby, required to make such reports t< Convention within five days from the receipt of this notic( in the event of their failure to do so they will be summoni fore the Convention to show cause why they have not such report. — and on his motion it was adopted. On motion of Mr. Harrison, the contested election ci Morgan Treat v8. Roger Gregory was taken up. Mr. DuNAWAY proposed the following resolution : Resolved first. That Roger Gregory is not entitled to t in this body. Resolved second. That Morgan Treat is entitled to a s( this body. Mr. Harrison proposed the following substitute : Resolved first. That Morgan Treat is not entitled to a s< this body. Resolved second, That Roger Gregory is entitled to i in this body. Pending the consideration of the resolutions, on moti Mr. Barbour, the Convention adjourned. 1 Digitized by Google JOUBKAL OV THB OONSnTUTIONAL OOKVIHTIOK. 195 FRIDAY, OCTOBER 4, 1901. The Convention assembled at 10 : 30 o'clock A. M. Prayer by Rev. Dr. W. F. Dunaway, of the Baptist church. The roll of the Convention was called and the following mem- bers were present and answered to their names : Meean. George K. Anderson, W. A. Anderson, Ayers, Barbour, Bftrham, M. H. Bamee, Thomas H. Barnes, Blair, Boaz, Bolen, Booldin, Braxton, Bristow, Brooke, Brown, Cameron, Clarence J. Campbell, P. W. Campbell, Carter, Cobb, Criamond, Daniel, Donaway, Barman, E^leston, Epes, Fairfax, Fletcher, Flood, Gamett, Gilmore, Gillespie, Glass, B. T. Gordon. James W. Gordon, R, L. Gordon, Green, Gr^ry, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Habard, Honton, Ingram, G. W. Jones, KendalL Lawson, Lincoln, Lindsay, Marshall, McIlwaine,Meredith, Miller, Moncnre, R. Walton Moore, Thomas L. Moore, Mondy, Newton, CFUherty, Parks, Pedigo, Phillips, Pollard, Portlock, Qaarles, Richmond, Rives, Robertson, Smith. Stebbins, Btoart, Summers, Tarry, Thom, Thornton, Tumball, Vincent, Waddill. Walter, Watson, Willis, Wise, Withers, WoodhoQse, Yancey, and Mr. President— 90. The journal of yesterday's proceedings was read and ap- proved. Messrs. Turnbull, Flood, Marshall, Garnett, Barnes, of New Kent, and Green presented petitions from citizens of Brunswick, Appomattox, Roanoke, Gloucester, and Warwick counties, and the cities of Danville and Roanoke, respectively, relating to licensing the sale of intoxicating liquors, which were referred to the Committee on Preamble and Bill of Rights. Mr. Barnes, of New Kent, presented a petition from the Junior Order United American Mechanics, protesting against the appropriation of public moneys to sectarian institutions, s^hich was referred to the Committee on the Legislative De- partment. Leave of absence was granted Mr. Kbbzell for three days, )n motion of Mr. Fairfax. Mr. Portlock presented a telegram from Mr. Martin, the jlerk of Norfolk County Court, denying that he had failed to mswer the communications from the Convention, which was, >n his motion, referred to the Committee on Judiciary. The contested election case of Treat vs. Gregory being the mfinished business of the day, was taken up, and pending its consideration, the Convention, on motion of Mr. Turnbull, kdjoorned. Digitized by Google 196 JOUttKili OV THS OOKBTITUTIOKAL OOKVBHTIOK. SATURDAY, OCTOBER 5, 1901. The Convention assembled at 10 : 30 o'clock A. M. Pn by Rev. Greorge Cooper, of the Baptist church. The roll of the Convention was called and the following n bers were present and answered to their names : Mesen. Geoi]ge K. Andenon, Ayen, Barboar, fiarham, M. H. Bamee, Tk H. Barnes, Blair, Boaz, Bouldin, Braxton, Bristow, Brooke, Brown, Oamerc W. Oampbell, Okrter, Chapman, Cobb, Daniel, Danaway, Earman, EaAn Epes, Gfljrnett, Gilmore, Gillespie, B. T. Gordon, James W. Gordon, R. L. Go Green, Gregory, Gw]m, Hancock, Hardy, Harrison, Hatton, Hooker, Ho Ingram, G. W. Jones, Eendall^Lawson, iLinooln, Lindsay, Marshall, Mclli Meredith, Miller, Moncare, R. Walton Moore, Thomas L. Moore, Mondy, Ne O'Flaherty, Parks, Pedigo, Pollard, Portlock, Qoarles, Richmond, Rivea, B4 son, Stobbins, Stuart, Tarry, Thom, Thornton, Tomball, WaddiU, Walter, son, Willis, Wise, Withers, and Mr. President— 75. The journal of yesterday's proceedings was read and proved. Mr. RoBBBTSON presented a petition from citizens of Roai county relating to licensing the sale of intoxicating liqi which was referred to the Committee on Preamble and Bi Rights. Leave of absence was granted the following members : Mr. WooDHOUSE, indefinite leave, on motion of Mr. Hat Mr. Anderson, of Alleghany, four days, on motion of RiVES. Mr. Thornton, one day, on motion of Mr. Rives. Mr. MoNCURE, one day, on motion of Mr. Gordon, of Loi Mr. Stuart, three days, on motion of Mr. Hunton. Mr. Fairfax, two days, on motion of Mr. Hunton. Mr. Marshall, one day, on motion of Mr. Robertson. Mr. Eggleston, one day, on motion of Mr. Gordon, of Loi Mr. Fletcher, two days, from yesterday, on motion of Moore, of Fairfax. Mr. Barnes, of Nansemond, from the Committee on the Orj zation and Government of Counties, made a report which ordered to lie on the table and be printed. The Committee on the Organization and Grovernmen Counties was, on motion of Mr. Barnes, of Nansemond, charged from further consideration of section twenty-three o report of the Committee on the Legislative Department an was ordered to lie on the table. Mr. Withers, from the Committee on the Organization Government of Counties, made a minority report which ordered to lie on the table and be printed. The contested election case of Morgan Treat vs. Roger G; ORY, being the unfinished business of the day, was taken a ) Digitized by Google 3B CONSTITUTIONAL CONVENTION. 197 ihe following amendment in the nature matter of the contested election case of ^OGER Gregory a new election is hereby RESIDENT of the Convention is hereby it of election. I of the resolution and amendment, Mr. ake them the special order for 10 : 30 it Mr. TuRNBULL should close the argu- ,nd Mr. Quarles for the contestant, and It be heard on the question, which was granted the following members : s, on motion of Mr. Ingram. ay, on motion of Mr. Thom. ishington, proposed the following reso- d to : this Convention adjourns to-day, it ad- >ck M., Monday. > his resolution to amend Rule 20, and JULL, it was passed by, EiNETT the Convention adjourned. Y, OCTOBER 7, 1901. ibled at 12 o'clock M. Prayer by Rev. E, of the Presbyterian church, rention was called, and the following ,nd answered to their names : ^nly H. Barnes, Thomas H. Barnes, Blair, Boaz, ow, Brooke, Brown, P. W. Campbell, Carter, Cobb, )od, Gramett, Gilmore, Gillespie, B. T. Gordon, ►n, Green, Gregory, Hamilton, Hancock, Harrison, ipfgett B. Jones, G. W. Jones, Kendall, Lawson, Miller, R. Walton Moore, Mundy, Newton, O'Fla- ortlock, Quarles, Richmond, Robertson, Stebbins, Vise, Withers, Wysor, and Mr. President — 61. rday's proceedings was read and ap- s, of New Kent, and Dunaway, pre- iizens of Caroline, York, and Lancaster ansing the sale of intoxicating liquors, ihe Committee on Prej^^njble and BUI of 198. JOUBNAL OF THE OONSTITTTTIONAL OONYBNTIOXr. Mr. Babnbs, of Nansemond, presented a petition froi Portsmouth Baptist Association, relating to licensing th of intoxicating liquors, which was referred to the Comi on Preamble and Bill of Rights. Mr. Barnbs, of Nansemond, presented a petition froi Virginia Baptist Association, protesting against the appr< tion of public moneys to sectarian associations, which w ferred to the Committee on the Legislative Department. Leave of absence was granted the following members : Mr. Cambron, one day (to-day) , on motion of Mr. Br( Mr. Meredith, two days, beginning to-day, on moti Mr. Newton. Mr. Gillespie, two days, on motion of Mr. Blair. Mr. Glass, one day (to-day) , on motion of Mr. Lindsa Mr. Waddill, two days, beginning to-day, on motion o Gordon, of Louisa. Mr. Summers, five days, beginning to-day, on motion o Campbell, of Washington. Mr. Withers proposed the following resolution, whicl: agreed to : Resolved, That the sergeant-at-arms be instructed morning to select three pages, alternating in the selectioii day, to perform such duties as may be necessary in the vention during the week of October 7th-12th, inclusive he be further directed to grant leaves of absence for the c the six pages not so selected. On motion of Mr. Green the Convention adjourned. TUESDAY, OCTOBER 8, 1901. i The Convention assembled at 10.30 A. M. Prayer by Dr. Richard McIlwaine, of the Presbyterian church. The roll of the Convention was called and the following bers were present and answered to their names : a r Meesn. W. A. Anderson, Avers, Barboor, Barham, Manly H. BameSy ' H. Barnes, Blair, Boaz, Bolen, Boaldin, Braxtx>n, Bristow, Brooke, P. W. Campbell, Garter, Chapman, Cobb, Earman, Epes, Fairfax, Flood, € Glass, B. T. Gordon, James W. Gordon. R. L. Gordon, Green, Gregory, Hamilton, Hancock, Harrison, Hatton, HooRer, Hnbard, Hnnton, Ingran Sit B. Jones, G. W. Jones, Eeezell, Kendall, Lawson, Lincoln, Lindsay, arsball, McIlwaine, Miller, Moncnre, R. Walton Moore, Thomas It. Mnndy, Newton, O'Flaherty, Orr, Parks, Pedigo, Pettit, Phillips, Pollarc lock, Qaarles, Richmond, Rives, Robertson, Smith, Rtebbins, Tarry, Thorn, ton, Tarnbull, Vincent, Walker, Walter, Wescott, Willis, Wise, WitherB, ' yancey» and Mr. President— 83. Digitized by Google IE CONSTITUTIONAL CONVENTION. 199 srday's proceedings was read and ap- RHAM, Flood, Lincoln, Lovell, Fair- , MoNcuRE, Anderson, of Rockbridge, petitions from citizens of Northumber- )poinattox, Smyth, Madison, Loudoun, , and King George counties, and the tid Richmond, relating to licensing the lors, which were referred to the Corn- Bill of Rights. granted the following members : ► days, on motion of Mr. Harrison. 7, on motion of Mr. Thornton, e leave, on motion of Mr. Glass. lays, on motion of Mr. Anderson, of LOOD, the Secretary of the Convention eave of absence. le following resolution : ming to-morrow night the Convention ) P. M. lyes, 32 ; noes, 45. '. Moore, of Fairfax, the vote was re- rham, Bouldin. Brooke, Chapman, Epes, Glass, Dton, Ingram, LinJsay, Marshall, Mcllwaine, R. bollard, Quarles, Ricnmond, Robertson, Smith, on, Turnbull, Walker, Wescott, Withers, and Mr. H. Barnes, Thomas H. Barnes, Blair, Boaz, Bolen, f^.Campbell, Carter, Cobb, Earman, Fairfax, Flood, tV. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Claggett B, Jones, G, W. Jones, Keezell, Lawson, ire, Thomas L. Moore, Mundy, Newton, Pedigo, «r, Willis, Wise, Wysor and Yancey — 45. x, proposed the following resolution : ming next Monday the President va- ock P. M. and resume it at 8 o'clock pass by, which was rejected — ayes, 35 ; r. Moore, of Fairfax, the vote was re- mes, Biair, Bolen, Braxton, Bristow, Brown, P. pes, Garnett, B. T. Gordon, James W. Gordon, 30ck, Harrison, Hatton, G. W, Jones, Kendall, mas L. Moore, Mundy, Newton, Pedigo, Pettit, Thornton, Walter, and Wysor— 35. 200 JOURNAL OF THB OOKSTirUTIONAL OOKVIHTIOH. Nobs— Meesn. W. A. Anderaon, AYen* Barboar, Barham, Thomms H. I Boaz, Boaldin, Ohapman, Earman, Fair&x, Flood, GlasB, R. L. Gordon, I ton. Hardy, Hooker, Hanton, Ingram, Clafrffett B. Jones, Keezell, Lii Lovell, Mfljshall, Mcllwaine, Moncare, R. Walton Moore, Orr, Parks, P< Quarles^ichmond, timith, Stebbins, Tarrr, Thorn, Tomboll, Walker, We Willis, Wise, Withers, Tancey, and Mr. Pre8ident->42. The resolution as proposed was then adopted. The contested election case of Morgan Treat vs. Rogsb G ORY^ being the special order, was taken up. After consideration Mr. Harrison moved the previous ( tion, which was sustained. The question then being put on the amendment in the m of a substitute, as proposed by Mr. Pollard, it was rejecte The question then recurring on the substitute propose Mr. Harrison, it was agreed to^ayes, 57 ; noes, 6. — and on motion of Mr. Robertson the vote was recorde follows : Atk— Messrs. W. A. Anderson, Ayers, Barbonr, Manly H. Bamea, T H. Barnes. Boaz, Boaldin, Brooke, Brown, P. W. Oampbell, Garter, Cobb, Fairfax, Flood, Gamett, Glass, James W. Gordon, B. L. Gordon, Green, i Hamilton, Hanooek. Hardy, Hatton, Hooker, Hunton, Ineram, Glagsett B. G. W. Jones, Keezell, Kendall, Lawson, Lindsay, Lovell, Miller, Bfonca Walton Moore, Orr, Parks, Portlock, Rives, Robertson, Smith, Stebbins, Thornton, Turnball, Vincent, Walker, Wesoott, Willis, Wise, Withers, 1 Yanoey, and Mr. President— 57. Noes— Messrs. Bristow, Marshall, Pedigo, Phillips, Thorn, and Walter— The following pairs were announced : Mr. Watson, with Mr. Blair; Mr. Gilmorb, with MooRE, of Montgomery ; Mr. Chapman, with Mr. Gillkj Mr. Fletcher, with Mr. Quarles ; Mr. OTlaherty, with Summers ; Mr. Braxton, with Mr. Dunaway ; Mr. Bar with Mr. McIlwaine ; Mr. Campbell, of Amherst, with GrORDON, of Nelson ; Mr. Anderson, of Alleghany, with Bolen; Mr. Pettit, with Mr. Richmond ; Mr. Newton, Mr. Earman; Mr. Crismond, with Mr. Mundy; Mr. Hi son, with Mr. Waddill ; Mr. Egoleston, with Mr. Lincoi The first named would have voted in the aflBrmative. The question then recurring on the original resolutio amended it was adopted. On motion of Mr. Pollard leave of absence for four days granted Mr. Turnbull. On motion of Mr. Walker, the Convention adjourned. Digitized by Google JOUBNAL OF THE CONSTITUTIONAL OONYBNTION. 201 WEDNESDAY, OCTOBER 9, 1901. The Convention assembled at 10 : 30 o'clock A. M. Prayer by Rev. Dr. W. F. Dunaway, of the Baptist church. The roll of the Convention was called and the following mem- bers were present and answered to their names : BfCesBTB. W. A. Anderson, Aren, Barboor, Barham, Manly H. Barnes, Thomas H. Bamee, Blair, Boaz, Bolen, Bonldin, Braxton, Bri8tx>w, Brooke, Brown, Cameron, P. W. Oampbell, Carter, Chapman, Crismond, Donaway, Earman, Esgleston, Ejpes, Fair&z, Fletcher, Flood, Gamett, Gillespie* Glass, B. T. Gordon, Jiunes w. Gor- don, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Hubard, Hunton, Ingram, Claggett B. Jones, G. W. Jones, Eeezell, Kendall, Lawson, Lincoln, LindBay, Lovell, Marshall, Mcllwaine, Mere- dith, Miller, Moncare, R. Walton Moore, Thomas L. Moore, Mnndy, Newton, Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Portlock, Qnarles, Richmond, Rives, Robertson, Smith, StebbinVTarry, Thorn, Thornton, Vincent, Waddill, Walker, Walter, Watson, Wesoott, Willis, Wise, Withers, Wysor, Yancey, and Mr. Presi- dent—88. The journal of yesterday's* proceedings was read and ap- proved. Messrs. Goode, Barham, Marshall, Barnes, of Nansemond, Parks, Rives, Ingram, Walter, and Lawson, presented peti- tions from citizens of Bedford, Culpeper, Roanoke, Nansemond, Page, Surry, Powhatan, Orange, and Isle of Wight counties, respectively, relating to licensing the sale of intoxicating liquors, which were referred to the Committee on Preamble and Bill of Rights. Mr. Vincent presented a petition from citizens of Greensville county, protesting against the removal of the Agricultural De- partment from the city of Richmond to Blacksburg, which was referred to the Committee on Agricultural, Maaufacturing and Industrial Interests, and Immigration. Mr. Richmond proposed resolution No. 265, to allow male persons, under certain conditions, to register and vote, which was referred to the Committee on Elective Franchise. Mr. Smith proposed a substitute for the report of the com- mittee of the whole on the Preamble and Bill of Rights, which was ordered to lie on the table and be printed. Lieave of absence was granted the following members : Mr. Hancock, two days, on motion of Mr. Ingram. Mr. Harrison, four days, on motion of Mr. Moore, of Fairfax. The President laid before the Convention the following com- munication : 26 Digitized by Google 202 JOUBNAL Ol- THE OONSTITUTIONAL OONTBKTIOK. Department of State, October 8, 190 John OoodCf Esq.^ Richmond y Va.: Sir: Among the many messages of grief and of sympj with Mrs. McKinley and the other members of the late P] dent's family in their overwhelming trouble, received by Government and acknowledged by me on their account, among the multiplying expressions of profound respect President McKinley's unselfish devotion and great servicei his country, together with a wide and increasing testimon; his exalted character and gracious personality, from every ] of the United States — indeed from all parts of the worl< have the honor to acknowledge with sentiments of sincere preciation, the resolutions adopted by the Constitutional i vention of Virginia, on the 14th ultimo. I am, Sir, Your obedient servant, JOHN HA" — which was, on motion of Mr. Brown, ordered to be inco rated in the volume of memorial services and to be printer the journal. Mr. HuNTON called up for consideration his resolutioi amend Rule 20. Mr. Barbour called the pending question. The pending question being ordered the question was and the resolution was rejected — ayes, 35 ; noes, 40. — and on motion of Mr. Lindsay the vote was recorded as lows : AYBft— Messrs. W. A. Anderson, Ajers, Barbonr, Barham, Boas, B Cameron, Carter, Chapman, Crismond, Fairfax, Fletcher, Garnett, € pie, Glass, R. L. Gordon, Gre^ry, Hanton, Clageett B. Jones, Lai Lindsay, Mcllwaine, Meredith, R. Walton Moore, Newton, Orr, Richo Robertson, Smith, Stebbins, Thorn, Thornton, Wescott, Willis, and Withen Noes— Messrs. Braxton, Bristow, Brooke, Brown, P. W. Campbell, Doni Earman, £fi:gleston, Epee, B. T. Gordon, James W. Gordon, Green, G Hancock, Hardy, Harrison, Hatton, Hnbard, Ingram, G. W. J Keezell, Kendall, Lincoln, Lovell, Miller, Moncare, Mondy, Parks, Pedigo, f Phillips, Portlock, Qaarles, Rives, Tarry, Waddill, Walker, Watson, Yancey Mr. Pre8ident^-40. Mr. Wise announced that he was paired with Mr. Bar] of Nansemond, who, had he been present, would have votei the affirmative and he would have voted in the negative. Mr. Withers submitted the following : "Resolved, That after this day the committee of the w! shall be abolished and all matters shall be considered in Convention.'* Mr. QuARLBS raised the point of order that this was a mo \ Digitized by Google JOUBNAL OV THE OOKSTITTTTIOKAL OONYBNTIOH. 208 change the rules and should lie on the table and be printed, le point of order was sustained by the chair. Mr. Withers moved to suspend the rules, which was re- ted, not two-thirds voting, and the resolution was ordered to on the table and be printed. On motion of Mr. Moore, of Fairfax, the Convention re- ved itself into a committee of the whole upon the report of 3 Committee on the Legislative Department, Mr. WaJiKer in 3 chair. A.fter some time passed in the committee of the whole, the RESIDENT resumed the chair and Mr. Walker reported that 3 committee had risen without coming to any conclusion upon 3 matter referred to them. On motion of Mr. Barbour, the Convention adjourned. THURSDAY, OCTOBER 10, 1901. The Convention assembled at 10 : 30 o'clock A. M. Prayer Rev. Dr. Richard McIlwaine, of the Presbyterian church. The roll of the Convention was called and the following mom- rs were present and answered to their names : feeerB. Ayen, Barboar, Barham, Thomas H. Barnes, Blair, Boaz, Bolen, ildin, Braxton, Bri8tx>w, Brooke, Brown, Clarence J. Campbell, P. W. Camp- it Carter, Chapman, Crismond, Danaway, Earman, Eggleston, Epes, Fairfax, tcher, Gamett, Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, »gory, Gwyn, Hamilton, Hardy, Hatton, Hooker, Habard, Hunton, Ingram, ggett B. Jones, G. W. Jones, Eeezell, Kendall, Lawson, Lincoln, Lindsay, rell, Marshall, McIlwaine, Meredith, Miller, Moncnre, R. Walton Moore, >ma8 L. Moore, Mundy, Newton, Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Hock, Qaarles, Richmond, Robertson, Smith, Stebbins, Stuart, Tarry, Thorn- , Vincent, Waddill, Walker, Walter, Watson, Wescott, Willis, Wise, Withers, K>dhonse, Wysor, Yancey, and Mr. President— 83. The journal of yesterday's proceedings was read and ap- oved. Messrs. Tarby, and Gordon, of the city of Richmond, pre- ited petitions from the citizens of Mecklenburg, and the city Richmond, respectively, relating to licensing the sale of in- dcating liquors, which were referred to the Committee on eamble and Bill of Rights. Leave of absence was granted the following members : Mr. Flood, one day (to-day) , on motion of Mr. Watson. Mr. Gillespie, two days, on motion of Mr. Bouldin. Under the rules, the resolution to amend the rules, as pro- sed by Mr. Withers, was read. On motion of Mr. Moorb, of Fairfax, the Convention re- f Digitized by VjOOQ IC 204 JOUBNAL OV THE OONSTITUTIONAL COKYSNTION. solved itself into a committee of the whole, upon the repoi of the Committee on the Legislative Department, Mr. Walker the chair. After some time passed in the committee of the whole, t President resumed the chair, and Mr. Walker reported that t committee had risen without coming to any conclusion up the matter referred to them. On motion of Mr. Lindsay, the Convention adjourned. FRIDAY, OCTOBER 11, 1901. The Convention assembled at 10 : 30 o'clock A. M. Praj by Rev. Dr. W. B. Beauchamp, of the Methodist church. The roll of the Convention was called and the following me: bers were present and answered to their names : Messrs. G^rge K. Anderson, Ayers, Barboor, Barham, Manly H. Bam Thomas H. Barnes, Blair, Boaz, Bolen, Boaldin, Braxton, Bristx>w, Brooke, Broi Clarence J. Campbell, P. W. Campbell, Garter, Chapman, Cobb, Crismond, Doj way, Eegleston, Epes, Fairfax, Fletcher, Flood, Garnett, B. T. Gordon, Jan W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hatton, Hook Habard, Hanton, Ingram, Claggett B. Jones, G. W. Jones, Eeezell, Kendi LawBon, Lincoln, Lovell, Marshall, Mcliwaine, Meredith, Miller, Moncare, Walton Moore, Thomas L. Moore, Mondy, Orr, Parks, Pediso, Pettit, Phllli Pollard, Porilock, Qnarles, Richmond, Rives, Robertson, Smim, Stebbins, Stni Tarry, Thom, Thornton, Vincent, Walker, Walter, Watson, Weaoott, Wil Withers, Woodhouse, Wysor, Yancey, and Mr. President— ^2. The journal of yesterday's proceedings was read and a proved. Messrs. Hardy, Dunaway, Vincent, Blair, and BARHi presented petitions from the citizens of Northumberland, Ric mond, Greensville, Wythe, and Southampton counties, i spectively, relating to licensing the sale of intoxicating liquoi which were referred to the Committee on Preamble and Bill Rights. Mr. Dunaway presented a petition from members of tl Junior Order United American Mechanics, protesting again the appropriation of public moneys to sectarian institutioE which was referred to the Committee on the Legislative E partment. Leave of absence was granted the following members : Mr. Cameron, indefinite leave, on motion of Mr. Hamilto Mr. Yancey, three days, on motion of Mr. Thornton. Mr. Kendall, two days, on motion of Mr. Walker. Mr. Anderson, of Rockbridge, one day, on motion of M MooRBy^ol Fairfax* 1 Digitized by Google JOITBKAL Of THS OOKStlTtmOKAL OOKVBKTIOK. 205 'he resolution to amend the rules, proposed by Mr. Withers, \ read. n motion of Mr. Moorb, of Fairfax, the Convention re- ed itself into a committee of the whole, upon the report of Committee on the Legislative Department, Mr. Walker in chair. iter some time passed in the committee of the whole the S8IDENT resumed the chair, and Mr. Walker reported that committee had risen without coming to any conclusion upon matter referred to them, n motion of Mr. Hatton the Convention adjourned. SATURDAY, OCTOBER 12, 1901. he Convention assembled at 10 :30 o'clock A. M. Prayer by . Dr. R. P. Kerr, of the Presbyterian church, he roll of the Convention was called, and the following mem- i were present and answered to their names : eeni. George E. Anderaon, Ayers, Barboar, Barham, Manly H. Barnes^ las H. Barnee, Blair, Boaz, Bolen, Boaldin, Braxton, Bristow, Brooke, Brown, r. Campbell, Garter, Chapman, Gobb, Crismond, Danaway, Earman, Epes, 1, Gramett, Gilleepie, Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, n, Gregory, Gwvn, Hamilton, Hancock. Hardy, Harrison, Hatton, Hooker, Lon, Ingram, Cfaggett B. Jones, Eeezell, Lawson, Lincoln, Blarshall, Mcll- d, Meredith, Miller, Moncore, R. Walton Moore, Mundy, Newton, O* Flaherty, Parks, Pedigo, Pettit, Phillips, Pollard, Portlock, Quarles, Richmond^Rivea, irtson. Smith, Stebbins, Stuart, Tarry, Thom, Thornton, Waddill, Walker, B, Wise, Withers, Woodhoose, Wysor, and Mr. President— 78. he journal of yesterday's proceedings was read and ap- 7ed. [essrs. Barnbs, of New Kent, Hookbr, Goode, and Pol- D, presented petitions from citizens of Newport News, Pat- :, and Norfolk counties, and the city of Richmond, respec- ly, relating to licensing the sale of intoxicating liquors, eh were referred to the Committee on Preamble and Bill of hts. [r. O'Flaherty submitted resolution No. 267, relating to public free school system, which was referred to the Com- tee on Education and Public Instruction, leave of absence was granted the following members : [r. Crismond, one day, on motion of Mr. Barbour. [r. Lawson, three days, beginning Monday, on motion of Babnbs, of Nansemond. [r. Gordon, of Louisa, one day, on motion of Mr. Carter. Digitized by Google m JOUBKAL Of THS GOKSTITUTtONAL OOKVBKTIOH. Mr. Willis, four days, on motion of Mr. Hamilton. Mr. Bristow, one day, on motion of Mr. Garnett. Mr. Blair, four days, on motion of Mr. Hamilton. Mr. JoNBS, of Pittsylvania, three days, beginning to-day motion of Mr. Withers. Mr. Fairfax, two days, beginning to-day, on motion of BOAZ. On motion of Mr. Richmond, the first doorkeeper granted four days' leave of absence. On motion of Mr. Withers the resolution to amend the i was passed by, and on motion of Mr. Brown it was made special order for next Wednesday, the 16th, at 11 o'clock A On motion of Mr. Moore, of Fairfax, the Convention reso itself into a committee of the whole, upon the report of Committee on the Legislative Department, Mr. Walker in chair. After some time passed in the committee of the whole President resumed the chair, and Mr. Walker reported the committee had risen without coming to any conclusion i the matter referred to them. Mr. Withers moved that the Convention again resolve i into a committee of the whole for the further consideratic the report of the Committee on the Legislative Departmeni — which was rejected — ayes, 26 ; noes, 29. — and on motion of Mr. Moore, of Fairfax, the vote wa corded as follows : Ayes— Messrs. Barham, Thomas H. Barnes, Boaz, Boaldin, P. W. Gam] Chapman, Earman. Eggleston, B. T. Gordon, R. L. Gordon, Green, Inmm, zell, Mcllwaine, Meredith, Miller, B. Walton Moore, Newton, O'Flaherty, Parks, Pollard, Qoarlee, Richmond, Stebbins, and Withers— 26. Nobs— Messrs. George K. Anderson, Avers, Barbour, Bnx>ke, Brown, Q Cobb, Dunaway, Garnett, Glass, James w. Gordon, Gregory, Gwyn, Han Hardy, Hooker, Moncnre, Pettit, Phillips, Portlock, Smi h. Tarry, Thorn, ' dill, Walker, Wise, Woodhouse, Wysor, and Mr. President— 29. On motion of Mr. Thom 500 copies each of the majority minority reports of the Committee on the Elective Franc was ordered to be printed. Leave of absence was granted the following members. Mr. Gordon, of Nelson, three days, on motion of Mr. B< Mr. Parks, three days, on motion of Mr. Newton. Mr. Eggleston proposed the following resolution, which agreed to : ** Resolved, That when the Convention adjourns to-day, it journ to meet at 12 M., on Monday.*' 1 Digitized by Google JOtTBKAL OF THS OOKSTITtJTtOKAL GOKVBKTIOK. 207 r. Kbbzbll moved that the majority report of the Commit- )n the Organization and Government of Counties be re- ted, which was agreed to. a motion of Mr. O'Flaherty the Convention adjourned. MONDAY, OCTOBER 14, 1901. le Convention assembled at 12 o'clock M. Prayer by Rev. W. F. DuNAWAY, of the Baptist church, le roll of the Convention was called, and the following ibers were present and answered to their names : ssn. George E. Anderson, Ayers, Barbour, Barham, Thomas H. Barnes, I, Braxton, Brooke, Brown, Cameron^ P. W. Campbell, Carter, Chapman, way, Earman, Eggleston, Epes, Gillespie, James W. Gordon, Green, Gregory, Iton, Hancock, Uardj, Hatton, Hooker, Hunton, Ingram, Claitgett B. Joiiea, »11, Lincoln, Lindsay, Mcllwaine, Meredith, Miller, R. Walton Moore, Mundy, m, 0' Flaherty, Orr, Pedigo, Phillips, Pollard, Qoarles, Richmond, Robert- Itebbins, Stoart, Tarry, Thom, Thornton, TambuU, Waddill, Walker, Wee- K'^ise, Withers, Wysor, and Mr. President— 59. le journal of Saturday's proceedings was read and ap- ed. essrs. Lincoln and Turnbull presented petitions from citi- of Smyth and Brunswick counties, respectively, relating sensing the sale of intoxicating liquors, which were referred le Committee on Preamble and Bill of Rights, jave of absence was granted the following members : r. BoAZ, three days, beginning to-day, on motion of Mr. RLBS. r. Garnett, two days, beginning to-day, on motion of Mr. ^Es, of Nansemond. r. Gwyn, five days, beginning to-day, on motion of Mr. lOLN. r. Marshall, one day (to-day) , on motion of Mr. Ayers. p. Thornton, one day, to attend to his duties as a member le Board of Visitors to the Western State Hospital, on mo- of Mr. Moore, of Fairfax. r. Bouldin, three days, beginning to-day, on motion of Stebbins. p. Watson, one day (to-day) , on motion of Mr. Ingram. 1 motion of Mr. Moore, of Fairfax, the Convention re- 5d itself into a committee of the whole, upon the report of I!ommittee on the Legislative Department, Mr. Walker in ^hair. Iter some time passed in the committee of the whole the (7 Digitize^ by VjOO' Google 208 JOtlfiKAL OF THB OOKSTITUTIONAL GOKYBNTIOK. President resumed the chair and Mr. Walker reported the committee had risen without coming to any conclu upon the matter referred to them. The hour of 2 P. M. haying arrived the chair was vac until 8 o'clock P. M. MONDAY, OCTOBER 14, 1901— NIGHT SESSION. The President resumed the chair at 8 o'clock P. M. On motion of Mr. Moorb, of Fairfax, the Convention resc itself into a committee of the whole, upon the report of Committee on the Legislative Department, Mr. Wise in chair. After some time passed in the committee of the whole President resumed the chair, and Mr. Wise reported the committee had risen without coming to any concli upon the matter referred to them. On motion of Mr. Green the night sessions were limitc ten o'clock P. M. On motion of Mr. Meredith the Convention adjourned. TUESDAY, OCTOBER 15, 1901. The Convention assembled at 10 : 30 o'clock A. M. Pi by Rev. Dr. Richard McIlwaine, of the Presbyterian chi The roll of the Convention was called and the following i bers were present and answered to their names : MesBTB. George K. Anderson, Ayera, Barboar, Barham, Manly H. B Thomas H. Bamee, Bolen, Boaldin, Biistow, Brooke, Brown, Oameron, ] Campbell, Carter, Chapman, Cobb, Crismond, Dunaway, Earman, Enrl Epee, Flood, Gilmorej Gillespie, Glass, James W. Gordon, R. L. Gk Green, Gregory, Hamilton, Hancock^ Hardy, Hatton, Hooker, HoDtoi gram, Claggett B. Jones, Eeezell, Lincoln, Lindsay, McIlwaine, Mei Miller, Moncore, B. Walton Moore, Thomas L. Moore, Mundy, N< O' Flaherty, Orr, Pedigo, Pettit PhilliM, Pollard, Portlock, Qoarles, mond^Bives, Smith, Stebbins, Stoart, Tarry, Thom, Tambull, Vincent, dill, Walker, Watson, Weecott, Wise, Withers, Woodhoose, Wysor, as President— 74. The journal of yesterday's proceedings was read and proved. Mr. GiLMORB presented a petition from citizens of Rockbi county, relating to licensing the sale of intoxicating liqi 1 Digitized by Google JOUBKAL OW THB OONSTITUTIONAL OONTXNTIOH. 209 h was referred to the Committee on Preamble and Bill of ts. '. O'Flahbrty proposed the following resolution and upon [led the pending question : solved, That when the Convention adjourns to-day, it ad- i to meet to-morrow at 10 A. M., and remain in session ater than 1 P. M., each day, at which time a recess shall ken until 3 P. M., and adjourn at 5 P. M. for the day. e pending question being ordered the vote was taken upou esolution and it was adopted. ave of absence for two days was granted Mr. Marshall on an of Mr. Gordon, of Louisa. '. Grben submitted the following amendment to the Rules : V^hen a report from the committee of the whole is under deration in Convention, all speeches on said report, or on notion to change or amend such report, shall be limited enty minutes, and no member shall speak more than once [)ut unanimous consent. '^ iich was ordered to lie on the table and be printed. L motion of Mr. Moorb, of Fairfax, the Convention re- d itself into a committee of the whole, upon the report of !ommittee on the Legislative Department, Mr. Walker in hair. ter some time passed in the committee of the whole the iDENT resumed the chair and Mr. Walker reported that ommittee had risen without coming to any conclusion upon latter referred to them. e hour of two having arrived, the chair was vacated until lock P. M. 'UESDAY, OCTOBER 15, 1901— NIGHT SESSION. e President resumed the chair at 8 P. M. motion of Mr. Barnes, of Nansemond, the Convention 7ed itself into a committee of the whole, upon the report le Committee on the Organization and Government of ities, Mr. Wise in the chair. lev some time passed in the Committee of the whole the IDBNT resumed the chair and Mr. Wise reported that the [littee had risen without coming to any conclusion upon latter referred to them. motion of Mr Barbour the Convention adjourned. 27 Digitized by Google 210 JOUBKAL Of THIS OOKSTmmOKAL OOKVBKTXOK. WEDNESDAY, OCTOBER 16, 1901. The Convention assembled at 10 o'clock A. M. Praye] Rev. Dr. W. B. Beauchamp, of the Methodist church. The roll of the Convention was called and the foUo^ members were present and answered to their names : Messrs. George K. Anderson, Ayers, Barbour, Barhmm, Manlj H. B Thomas H. Barnes, Bolen, Braxton, Bristow, Brooke, Brown, P. W. Gam Gobb, Orismond, Danaway, Barman, Eggleston, Epee, Fairfisuc, Fletcher, Ga Gilmore, Gillespie, Glass, James W. Gordon, R. L. Gordon, Green, Gn Hamilton, Hancock, Hardy, Harrison, Hatton, Honton, Ingram, Giaggett R. Keezell, Lincolb, Lindsay, Lovell, Mcllwaine, Meredith, Moncore, R. T^ Moore, Mondy, Newton, 0' Flaherty, Orr, Pedigo, Pettit, Phillips, Pollard, lock, Qoarles, Richmond, Rives, Robertson, Smith, Stebbins, Stuart, 1 Thom, Thornton, Tambull, Vincent, Waddill, Walker, Watson, Wesoott, Withers, Woodhonse, Wysor, Yancey, and Mr. President— 75. The journals of yesterday's proceedings were read and proved. Messrs. Epes, Harbison, Tarry, Crismond, Mundy, A) WAiNB, and QuARLES presented petitions from citizens of widdie county, the city of Winchester, Mecklenburg, Spo vania, Botetourt, Buckingham, and Augusta counties, res] ively, relating to licensing the sale of intoxicating liqi which were referred to the Committee on Preamble and Bi Rights. Mr. Harrison presented a petition from licensed li dealers of Winchester, protesting against the adoption of Quarles-Barbour resolutions, regarding the granting of li licenses, which was referred to the Committee on Preamble Bill of Rights. Leave of absence was granted the following members : Mr. Hooker, two days, beginning to-day, on motion of Campbell, of Washington. Mr. Wysor, indefinite leave, on motion of Mr. Hatton. The amendment proposed by Mr. Withers to the rules ^ ing the special order for the day, was taken up. Mr. Harrison submitted the following amendment : ad end of resolution the following : **Two-thirds of the men present shall be required to order the pending question." — for which Mr. Hunton proposed the following substitute Amend rule 20 by adding thereto the following : "Whe: the committee of the whole, any member (fifteen others curring) shall have a right to demand the yeas and nays i any question, at any time before it be put." Mr. Gordon, of Richmond, raised the point of order thai amendment proposed by Mr. Harrison and the substitute posed by Mr. Hunton were not germane. The chair susta I Digitized by Google JOURNAL OP THE CONSTITUTIONAL CONVENTION. 211 )oint of order, whereupon Mr. Hatton called the pending tion. 18 pending question being ordered the vote was taken upon esolution proposed by Mr. Withers and it was rejected — , 7 ; noes, 55. I motion of Mr. Brown the vote was recorded as follows : s — Messrs. George K. Anderson, Ayers, Thomas H. Barnes, Claggett B, , Orr, Smith, and Withers— 7. s — Messrs. Barbour, Barham, Manly H. Barnes, Bolen, Braxton, Bristow, e. Brown, P. W. Campbell, Cobb, Crismond, Dunaway, Earman, Eggleston, Fairfax, Fletcher, Garnett, Gilmore, Gillespie, James W. Gordon, R. L. m, Gregory, Hancock, Harder, Ingram, Lincoln, Lovell, Meredith, Moncure, y, Newton, O' Flaherty, Pedigo, Pettit, Phillips, Pollard, Portlock, Quarlee, lond. Rives, Stebbins. Stuart, Tarry, Thom, Thornton, Turnbull, Vincent, ill. Walker, Wateon, Wise, Woodhouse, Wysor, and Mr. President— 55. le following pairs were announced : r. Hooker with Mr. Hatton ; Mr. Lindsay with Mr. Boul- Mr. Green with Mr. Moore, of Montgomery ; Mr. Kee- , with Mr. Walter ; Mr. Wkstcott with Mr. Hamilton ; Glass with Mr. Flood ; Mr. Hunton with Mr. Parks ; ^IcIlwaine with Mr. Daniel ; Mr. Boaz with Mr. Yan- ; Mr. Harrison with Mr. Kendall ; Mr. Moore, of Fair- with Mr, Blair. 16 first named in each case would have voted in the affirma- r. Brown moved to reconsider the vote by which the reso- n was rejected, and it was decided in the negative. 1 motion of Mr. Barnes, of Nansemond, the Convention ved itself into a committee of the whole, upon the report he Committee on the Organization and Government of ities, Mr. Wise in the chair. 'ter some time passed in the committee of the whole the 5IDENT resumed the chair and Mr. Wise reported that the nittee had risen without coming to any conclusion upon natter referred to them. le hour of one P. M. arriving, the President vacated the • until 3 o'clock P. M. >NESDAY, OCTOBER 16, 1901— EVENING SESSION. le chair was resumed at 3 o'clock, Mr. Ayers in the chair. :, Quarles proposed the following amendment to the rules : ►solved. That whenever the committee of the whole finds : without a quorum, the chairman shall cause the roll to be Digitized by VjOOQ IC 212 JOUBKAL 09 THS 0OK811TU110NAL GOKVXHtlOK. called, and thereupon the committee shall rise, and the eh man shall report the names of the absentees to the Conventi which shall be entered on the journal, but if, on such call quorum shall appear, the committee shall thereupon resume sitting without further order of the Convention. On motion of Mr. Withers the Convention resolved iti into a committee of the whole, upon the report of the Comi tee on the Organization and Government of Counties, Mr. W in the chair. After some time passed in the committee of the whole, Pbbsidbnt resumed the chair and Mr. Wisb reported that committee had risen without coming to any conclusion u] the matter referred to them. On motion of Mr. Babboub the Convention adjourned. A THURSDAY, OCTOBER 17, 1901. The Convention assembled at 10 o'clock A. M. Prayer Rev. Carey E. Morgan, of the Christian church. The roll of the Convention was called and the follow members were present and answered to their names : Measnu George K. Anderson, Ayers, Barboar, Barham, Manly H. Bai Thomas H. Bamee, Braxton, Bristow, Brooke, Brown, Cameron, Claren< Campbell, P. W. Cajnpbell, Carter, Cobb, Crismond, Dnnaway, Elarman, £& ton, Epes, Fairlax, Fletcher, Flood, Gilmore, Gillespie, James W. Gordon, J Gordon, Green, Gregory, Hamilton, Hancock, Hardy garrison, Hatton, Ho< Honton, Ingram, Clagsett B. Jones, G. W. Jones, Keezell, Kendall, Lai^ Lincoln, Lindsay, Loveil, Marshall, McUwaine, Meredith, Moncare, R. Wi Moore, Mondy, Newton, O'Flaherty, Orr, Parks, Pedigo, Pettit, PhillipB*. lock, Qoarles, Richmond, Rives, Robertson, Smith, Stebbins, Stoart, Tarry » Tl Thornton, Tambull, Vincent, Waddill, Walker, Watson, Wescott, Wise, Wil Woodhoose, Yancey, and Mr. President— 80. The journals of yesterday's proceedings were read and proved. Messrs. Ingram, O' Flaherty, Parks, and Moncukk sented petitions from citizens of Pulaski, Warren, Paige, StaflFord counties, respectively, relating to licensing the sa] intoxicating liquors, which were referred to the Committe Preamble and Bill of Rights. Leave of absence was granted the following members : Mr. Waltbr, five days, on motion of Mr. Bristow. Mr. HuBARD, indefinite leave, on motion of Mr. Flooi>. Mr. Pollard, one day (to-day) , on motion of Mr. McIlwa The amendment to the rules proposed by Messrs. Orsxn QuARLBS were read. Digitized by Google JOUENAL OP THE CONSTITUTIONAL CONVENTION. 213 ►n motion of Mr. Moore, of Fairfax, the Convention re- ^ed itself into a committee of the whole, upon the report of Committee on the Legislative Department, Mr. Walker in chair. fter some time passed in the committee of the whole the isiDENT resumed the chair, and Mr. Walker reported that committee had had under consideration the report of the amittee on the Legislative Department, to them referred, had directed him to report the same with amendments, n motion of Mr. Barnes, of Nansemond, the Convention in resolved itself into a committee of the whole, upon the )rt of the Committee on the Organization and Government !ounties, Mr. Wise in the chair. fter some time passed in the committee of the whole, the ;siDENT resumed the chair, and Mr. Wise reported that committee had risen without coming to any conclusion n the matter referred to them, n motion of Mr. Braxton the Convention adjourned. FRIDAY, OCTOBER 18, 1901. he Convention assembled at 10 o'clock A. M. Prayer by . Dr. Geo. Cooper, of the Baptist church, be roll of the Convention was called and the following mem- were present and answered to their names : Bsrs, George K. Anderson, Ayers, Barbour, Barham, Manly H. Barnes, Boaz, lin, Braxton, Bristow, Brooke, Brown, Cameron, Clarence J. Campbell, Campbell, Carter, Chapman, Cobb, Criemond, Dunaway,Earman, Eggleston, Fairfax, Fletcher, Flood, Garnett, Gil more, Gillespie, B. T. Gordon, James rordon, R. L. Gordon, Green, Gregory, Hamilton, Hancock, Hatton, Hooker, on, Ingram, Claggett B. Jones, G. W. Jones, Keezell, Kendall, Lawson, ►In, Lindsay, Lovell, Marshall, Mcllwaine, Miller, Moncure, R. Walton e, Mundy, Newton, O' Flaherty, Orr, Pedigo, Pettit, Phillips, Pollard, )ck. Quarles, Richmond, Rives, Smith, Stebbins, Stuart, Tarry, Thorn, iton. Turn bull, Vincent, Waddill, Walker, Watson, Wescott, Wise, Withers, thoase, Yancey, and Mr. President — 81. le journal of yesterday's proceedings was read and ap- ed. essrs. Walker, Stkbbins, and Pollard presented petitions I citizens of Halifax and Westmoreland counties, and the of Richmond, respectively, relating to licensing the sale of s:icating drinks, which were referred to the Committee on Lnable and Bill of Rights. r. Barbour presented a petition from Mr. W. H. Eggborn, esting against the removal of the Agricultural Department Digitized by Google 214 JOUBNAL OP THB 0ON8TITUTIONAL OONYBNTIOK. from Richmond to Blacksburg, which was referred to the Coi mittee on Agricultural, Manufacturing and Industrial Interest and Immigration. Leave of absence was granted the following members : Mr. Parks, three days, beginning to-day, on motion of Ikj BOAZ. Mr. Barnes, of Nansemond, three days, on motion of }t Lawson. Mr. Blair, one week, on motion of Mr. Rives. Mr. Glass, indefinite leave, on motion of Mr. Moore, Fairfax. On motion of Mr. Thornton, Mr. Garnett was excused i his absence yesterday, as he was attending to his duties a^ member of the Board of Visitors of the Eastern State Hospit The amendment to the rules, proposed by Mr. Quarlbs, ^ read. The amendment to the rules, proposed by Mr. Greek, ^ read, and on his motion passed by — ayes, 50 ; noes, 24. On motion of Mr. Quarles, the vote was recorded as follow Aysb— MessTB. George K. Anderson, Barbonr, Manly H. Bamee, Boas, Bi ton, Bristow, Brooke, Brown, P. W. Campbell, Dnnaway, Epee, Fairfax, Fletd Garnett, Gilmore, Gilleepie, B. T. Gordon, James W. Gordon, B. L. Gord Green, Hamilton, Hancock, Hatton, Hooker, Hunton. Ingram, Clasgett B. Joe G. W. Jonee, Lovell, Marshall, Miller, Moncare, R. Walton Mw>re, Man Newton, OTlaherty, Pedigo, Pettit, Portlock, Rives, Smith, Stebbins, Stoi Tftrry, Tomball, Walker, Watson, Wesoott, Woodhoose, and Mr. President-^ Noes— Messrs. Ayers, Barbam, Clarence J. Campbell, Carter, Chapman, Co Crismond, Earman, Gregory, Keezell, Kendall, Lawson, Lindsay, Mcllwai Orr, Phillips, Pollard, Quarles, Richmond, Thornton, Waddill, Wise, With^ and Yancey— 24. On motion of Mr. Green, the Convention agreed to take i and consider by sections the report of the committee of t whole, upon the bill of rights. Sections 1,2, 3, 4, 5, 6, and 7 were then adopted. Mr. DuNAWAY submitted a substitute for section 8. Mr. MooRB, of Fairfax, proposed an amendment to the su stitute by making the lines 13 to 20, inclusive, read : **In ai criminal case, with the consent of both parties entered of i cord, the court, in its discretion, may hear and determine t] case without the intervention of a jury." — which was rejected — ayes, 24 ; noes, 39. — and on his motion the vote was recorded as follows : Atsb— Messrs. Barbour, Barham, Boaz, Bouldin, Brown, Garter, Fidrf Fletcher, Gilmore, B. T. Gordon, R. L. Gordon, Hunton, Keezell, Laws Lindsay, Marshall, Mcllwaine, R. Walton Moore, Orr, Smith, Stebbins, Tombi Wescott, and Mr. President— 24. NoRS— Messrs. Manly H. Barnes, Braxton, Bristow, Brooke, Gameion, P. Campbell, Chapman, Dunaway, Earman, Garnett, Gillespie, James W. Goid \ Digitized by Google JOUBNAL OP THE CONSTITUTIONAL CONVENTION. 215 m, Hamilton, Hancock, Hatton, Hooker, Claggett B. Jones, G. W. Jones, dall, Lovell, Mundy, Newton, O^Flnherty, Pedigo, Pettit, Phillips, Pollard, rles, Richmond, Rives, Tarry, Thorn, Thornton, Walker, Watson, Wise, tiers, and Woodhouse— 39. 'he following pairs were announced : Ir. Crismond, with Mr. Epbs ; Mr. Anderson, of Alleghany, h Mr. Ayers ; Mr. Cobb, with Mr. Gregory ; Mr. Harri- , with Mr. Ingram. 'he first named would have voted in the affirmative. Ir. Barbour moved to amend by striking out the word mis- leaner in line 16, and the words misdemeanors in lines 22 27, and insert in lieu thereof the words : '*Any offense not tishable by death or confinement in the penitentiary." rhich was agreed to. [r. Gordon, of Nelson, moved to amend the substitute by king out the word ''man" wherever it occurs, and insert the d * 'person," which was rejected — ayes, 29 ; noes, 31. nd on his motion the vote was recorded as follows : rEs — Messrs. Barbour, Barhana, Manly H. Barnes, Boaz, Bouldin, Braxton, ;ow, Cameron, Chapman, Garnett, Gillespie, B. T. Gordon, James W. Gor- Hamilton, Hooker, Keezell, Lawson, Lovell, Mundy, Orr, Pedigo, Phillips, -les, Richmond, Stebbins, Wescott, Wise, Withers, and Mr. President — 29. ►ES — Messrs. George K. Anderson, Brooke, Brown, P. W. Campbell, Carter, iway. Epes, Fairfax, Gilmore, R. L. Gordon » Green, Gregory, Hancock, on, Hunton, Claggett B. Jones, G. W. Jones, Lindsay, Marshall, Mcllwaine, ton, O'Flaherty, Pettit, Pollard, Rives, Smith, Thornton, TurnbuU, Walker, son, and Woodhouse — 31. [r. TuRNBULL then moved to strike out the word person in 9 and insert the word "man,." which was agreed to. [r. Walker moved to further amend by inserting the words e or" after the word "his," in line 8, which was agreed to. [r. Waddjll moved to further amend by striking out the ds contained in lines 13 to 20, inclusive, and in lieu thereof rt the following : But in any criminal case upon a plea of guilty tendered in jon by the accused, and with the consent of the Attorney for Commonwealth entered of record, the court shall hear and srmine the case without the intervention of a jury ; and in iecutions where the punishment may not be death, upon a , of not guilty on the motion of the accused, and with the jent of the Attorney for the Commonwealth entered of re- [, the court may, in its discretion, in cases of felony not ishable with death, and shall, in cases of misdemeanor, : and determine the case without the intervention of a hich was rejected. Digitized by Google 216 JOITBNAL or THB OONSTITUTIONAL OONVBNTIOV. Mr. Gbsbn then moved to reconsider the vote by which amendment was rejected, which was agreed to. On his motion the consideration of the amendment was sed by. On motion of Mr. McIlwainb the Convention adjourned. SATURDAY, OCTOBER 19, 1901. The Convention assembled at 10 o'clock A. M. Prayer by ] Dr. RiCHABD MoIlwaine, of the Presbyterian church. The roll of the Convention was called and the following n bers were present and answered to their names : MesBn. George K. Anderson, Ayers, Barboor, Manly H. Bamesy Booldin, Braxton, Bristow, Brooke, Brown, Cameron, P. W. CampbeU, O Chapman, Cobb, Donaway, Earman, Egarleston, Epes, Flood, Gamett, Gil Gilleepie, B. T. Gordon, Jamee W.jGordon^. L. Gordon, Green, Gre^ry, ] ilton, Hancock, Hardy, Harriaon, Hatton, Booker, Hunton, Insram, Jonee, G. W. Jones, Kendall, Lawson, Lindsay. Lovell, Marshall, Mcllwaine, ] dith. Miller, Moncare, R. Walton Moore, Thomas L. Moore, Mandy, Ne CFlaherty, Orr, Pedigo, Pettit, Phillips, Pollard, Portlock, Qoarles^vee, S Stebbins, Thom, Thornton, Tumbull, Waddill, Walker, Watson, WesooU, Withers, Woodhoose, Yancey, and Mr. President— 74. The journal of yesterday's proceedings was read and proved. Messrs. Moore, of Montgomery, Ayers, and O'Flahi presented petitions from citizens of Montgomery and '^ counties, and the W. C. T. U., at Berryville, relating to li< ing the sale of intoxicating liquors, which were referred t< Committee on Preamble and Bill of Rights. Mr. Hatton, by request, presented a petition from Ath Lodge, No. 24, K. of P., protesting against the taxation ol property of benevolent and charitable societies, which wa f erred to the Committee on Taxation and Finance. Mr. Rives presented a petition from citizens of Prince Gr€ county, requesting the passage of ordinance No. 242, w was referred to the Committee on Corporations. Leave of absence was granted the following members : Mr. Fletcher, one week, on motion of Mr. Thornton. Mr. Rives, two days, on motion of Mr. Thornton. Mr. Ayers, one week, on motion of Mr. Meredith. Mr. Harrison, four days, on motion of Mr. Barbour. Mr. Fairfax, two days, beginning to-day, on motion of Brown. Mr. Robertson, four days, on motion of Mr. Hunton. Digitized by Google JOUBKAL OW THB CONSTITUTIONAL GONTXNTION. 217 P. Stebbins, one week, on motion of Mr. Bouldin. r. Epes, three days, on motion of Mr. Rives. r. Thornton, two days, on motion of Mr. Rives. r. Keezell, two days, on motion of Mr. Hancock. r. Hancock, one day, on motion of Mr. Ingram. r. Bristow, three days, on motion of Mr. Garnett. p. Barham, four days, on motion of Mr. Gordon, of Nel- p. Campbell, of Amherst, indefinite leave, on motion of Gordon, of Nelson. p. Portlock, four days, on motion of Mr. Hatton. p. Tarry, three days, on motion of Mr. Turnbull. 1 motion of Mr. Jones, of King and Queen, the second keeper was granted leave of absence for two days. r. Meredith oflFered the following : Jesolved, That when the Convention adjourns to-day, it ad- a to re-assemble Thursday, November 7th." r. Walker called the pending question, which was not red. r. Watson moved, as a substitute, the following : ^solved, That when the Convention adjourns on Saturday, ber 26th, it be to meet again on Thursday, November 7th. ) which Mr. O'Flaherty offered the following amendment : Resolved, That when the Convention adjourns next Friday, Journ to meet on the 7th of November." r. Hunton moved to pass by the resolution and amend- ts, which was agreed to. le unfinished business of the day being the amendment osed by Mr. Waddill to section 8 of the report of the com- ee of the whole on the bill of rights, the vote was taken it was rejected — ayes, 29 ; noes, 35. id on motion of Mr. Barbour the vote was recorded as fol- BB — MesBTB. Barbonr, Bogz, Bouldin, Brown, Carter, Cobb, Flood, Garnett, Grordon, R. L. Gordon, Hardy, Hanton, GlaffK^tt B. Jones, Lindsay, [, Marshall, McIlwaine2Meredith, R. Walton Moore, Newton, Pollard, B8, Thornton, Tambull, Waddill, Wescott, Wise, Withers, and Yancey— 29. as — ^Messrs. George K. Anderson, Ayers. Bristow, Brooke, P. W. Campbell, way, Eannan, Eggleston, Epes, Gillespie, James W. €k)rdon, Green, ry, Hancock, Hatton, Hooker, Ingram, G. W. Jones, Kendall, Lawson, ', Moncnre, Thomas L. Moore, Mundy, O' Flaherty, Orr, Pedigo, Pettit, pa, Portlock, Rives, Smith, Thom, Walker, and Mr. Presidentr-35. le following pairs were announed ; :. Harbison, with Mr. Braxton ; Mr. Gilmors, with Mr. II.TON. le first named would have voted in the aflBrmative. 28 Digitized by vJjOOQIC 218 JOUBNAL OF THB OONSTITnxiONAL CONVENTION. Mr. Anderson, of Alleghany, moved to insert after the ' 'accused," in line 17, the words *' tendered in person," was agreed to. The substitute for section 8, proposed by Mr. Dunaw. amended, was then adopted. On motion of Mr. Pettit the vote by wliich the subs was adopted was reconsidered — ayes, 40 ; noes, 25. — and on motion of Mr. Wise the vote was recorded as fo] Atbb— Meeara. Greorge K. Anderson^ Ayers, Manly H. Barnes, Bonldii ton, Bristow, Brown, P. W. Oainpbell, Dunaway, Eggleston, Flood, ( GilleBpie, B. T.Gordon, Jamee W. Gordon, Gregory, Hamilton, Hancock, Hooker, Hnnton, Ingram, Kendall, Meredith, Moncure, Thomas L. Newton, Pediso, Pettit, Pollard. Portlock, Quarlee, Rives, Smith, Thorn, ton, Waddill, Walker, Wise, and Mr. President— 40. NosB— Messrs. Barbonr, Boaz, Carter, Cobb, Earman, Epee, Gilmoi Gordon, Green, Hardy, Claggett B. Jones, G. W. Jones, Lawson, Lindsay, Marshall, Mcllwaine, MUler, Mundy, O'Flaherty, Orr, Phillips, T Withers, and Yancey — 25. Mr. Pettit then moved to strike out the words comnn with "but," in line 13, and ending with "jury," in li; which was rejected. Mr. Walker moved to strike out the words commencin "except," in line 10, and ending with "revenue," in li which was rejected — ayes, 8 ; noes 55. — and on his motion the vote was recorded as follows ; Ayes— Messrs. Hamilton, Hatton, Gla$?gett B. Jones, Portlock, Smith. T Walker, and We6cottr-8. NoR»— Messrs. George K. Anderson, Ayers, Barbour, Manly H. Bami Bouldin, Braxton, Bnstow, Brown, P. W. Campbell, Carter, Cobb, D Earman, Egjrleston, Epes. Gamett, Gilmore, Gillespie, B. T. Gordon, Jj Gordon. R. L. Gordon, Green, Grejjory, Hancock, Hardy, Hooker, Hui gram, G. W. Jones, Lawson, Lindsay, Lovell, Mcllwaine, Meredith, Mill cure, Thomas I^, Moore, Mandy, Newton, O' Flaherty, Orr, Pedigc Phillips, Pollard, Quarles, Rives, Thornton, Waddill, Watson, Wise, Yancey, and Mr. President — 65. Mr. Thom announced that he was paired with Mr. I of Fairfax, who, had he been present, would have vot and he would have voted aye. The substitute proposed by Mr. Dunaway to sectio amended, was then adopted. • Sections 9 and 10 were then adopted. Mr. Gordon, of Richmond, proposed the following sul to section 8, which was adopted. 11. No person shall be deprived of his property with< process of law. In controversies respecting property, suits between man and man, a trial by jury is preferable other, and ought to be held sacred; but the General As Digitized by Google JOURKAL OP THE CONSTITUTIONAL CONVENTION. 219 by law, in such cases, prescribe any number less than e, but not less than seven, to constitute a jury. , Barbour moved to amend section 11 by adding the fol- or the trial of all civil cases not now triable before a jus- f the peace, and any number not more than five nor less three for the trial of civil cases now triable by a justice of 3ace, whether such cases are brought into the courts by lal process or by appeal or removal from a justice. . Eggleston moved to amend section 11 by striking out Ford * 'seven," in the last line, and inserting the word /' which was rejected. 3 vote was then put on the amendment offered by Mr. OUR, and it was rejected — ayes, 28 ; noes, 31. I on motion of Mr. Barbour the vote was recorded as fol- — MesBTB. Barbour, Boaz, Braxton, Bristow, Brown, CJobb, Epe6, Gamett, ie, B. T. Gordon, Jamee W. Gordon, R. L. Gordon, Gregory, Hardy, 1. Glaggett B. Jones, Lindsay, Loveli, Mcllwaine, Moncure, Phillips, 1, Rives, Thornton, Walker, Wise, Yancey, and Mr. President— 28. — Messrs. George K. Anderson, Ayers, Manly H. Barnes, Bouldin, Carter, ay, Barman, Eggleston, Gil more, Green, Hamilton, Hancock, Hatton, I, G. W. Jones, Kendall, Meredith, Miller, Thomas L. Moore, Mundy, 1, O'Flaherty, Orr, Pedigo, Pettit. Quarles, Smith, Thom, Turnbull, Wad- d Withers— 31. J following pairs were announced. . Wescott, with Mr. Campbell, of Washington ; Mr. E, of Fairfax, with Mr. Hooker. J first named would have voted in the affirmative. Pkttit moved to amend by striking out the following > : '*But the General Assembly may, by law, in such cases, •ibe any number less than twelve, but not less than seven, Lstitute a jury." Braxton moved to still further amend by inserting in f the words proposed to be stricken out, the following : jury in any civil case shall consist of twelve men, but the al Assembly may, by law, provide for a jury of less than 5, in those cases in which both parties shall consent there- majority of not less than three-fourths of the jury in any ase may render a verdict, upon the failure of such jury ee unanimously after three hours deliberation : provided, ie General Assembly may, at any time after January the L905, and before January the first, 1910, restore the rule ing unanimity in verdicts of juries in civil cases.'* ding its consideration the chair was vacated until 3 o'clock Digitized by Google 220 JOUBNAL OV THB OOKSTITnTIOKAL OONYXKTIOir. SATURDAY, OCTOBER 19, 1901— AFTERNOON SESSl The President resumed the chair at 3 P. M. Mr. O'Flaherty proposed the following resolution, ?/ was agreed to : ''Resolved, That when the Convention adjourns to-day, i journ to meet Monday, the 2l8t, at 12 o'clock M., instead o as provided for in regular order." Leave of absence was granted Mr. Campbell, of Washin six days, on motion of Mr. Hooker ; and Mr. Flood, two ( on motion of Mr. Smith. The consideration of section 11 was resumed. Mr. Smith moved to divide the amendment proposed bj Braxton, it containing two substantive propositions, i« was agreed to. The vote being put on the first branch of the question, was found no quorum. The vote, on motion of Mr. Braxton, was recorded at lows : Aybs— Messrs. Geoi^ E. Anderson, Ayers, Boaldin, Gamett, James W. G Hamilton, Hancock, Meredith, Pettit, Pollard, and Waddill— li. Noss— Messrs. Barboar, Boaz, Braxton, Brooke, Brown, Danaway, Ei Flood, B. T. Gordon, R, L. Gordon, Green, Hardy, Hanton, Ingram, G. W. Kendall, Lawson, Lovell, Marshall, Mcllwaine, Mondy, Newton, OFlf Orr, Pediffo, Phillips, Qaarles, Thom, Thornton, Tomboll, Watson, W< and Mr. President— 33. The following pairs were announced : Mr. Wise, with Mr. Rives; Mr. Cobb, with Mr. Cai Mr. Gillespie, with Mr. Eggleston ; Mr. Hooker, witl Gregory; Mr. Campbell, of Washington, with Mr. Crisi The first named would have voted in the affirmative, ent and not voting, Mr. Smith. Mr. Gordon, of Richmond, moved to adjourn, which w jected — ayes, 11; noes, 40. — and on his motion the vote was recorded as follows : Ayes— Messrs. Barboar, Danawaj, James W. Grordon, Hamilton, Level shall, Meredith, Pettit, Phillips, Wise, and Yancey— 11. Noes— Messrs. George E.Anderson, Ayers, Boaz, Boaldin, Braxton, Brooke, P. W. Campbell, Carter, Earman, Flood, G^amett, Gillespie, B. T. Gordon Gordon, Green, Hancock, Hardy, Hooner, tiunton, Ingram, G. W. Jone dall, Lawson, Mcllwaine, Mandy, Newton, 0*Flaherty, Orr, Pedigo, I Qaarles, Smith, Thom, Thornton, Tarnball, Waddill, Watson, Wescott, i President— 40. Mr. Gillespie moved that the vote be taken on the amendment, which was agreed to. I Digitized by Google g CONSTITUTIONAL CONVENTION. 221 1 put on the amendment proposed by 9 rejected — ayes, 9 ; noes, 37. i motion the vote was recorded as fol- wn, Flood, James W. Gordon, R. L. Gordon, [ Yancey— 9. ierson, Ayers, Boaz, Bouldin, Brooke, Dunaway, an, Green, Hamilton, Hancock, Hardy, Hunton, 11, Laweon, Lovell, Mcllwaine, Meredith, Mundy, t, Phillips, Portlock, Quarles, Thom, Thornton, iscott, Withers, and Mr. President — 37. 3re announced : IVES ; Mr. Gillespie, with Mr. Eggles- h Mr. Smith ; Mr. Barbour, with Mr. , with Mr. Gregory; Mr. Cobb, with •BELL, of Washington, with Mr. Cris- . have voted in the aflBrmative. ; upon the amendment offered by Mr. ed. nond, proposed the following amend- 11: "Ten members of any civil jury a verdict after such jury shall have rs. yes, 16 ; noes, 34, Braxton the vote was recorded as fol- ton, Brown, P. W. Campbell, E^rf^leston, Gamett, 8 W. Gordon, R. L. Gordon, Hooker, Kendall, [ Walker— 16. Ierson, Ayers, Boaz, Bouldin, Carter, Dunaway, ancock, Hardy, Hunton, Ingram, G, W. Jones, sredith, Mundy, O'Flaherty, Orr, Pedigo, Pettit, mbull, Waddill, Watson, Wescott, Wise, Withers, that he was paired with Mr. Moncurk, , would have voted in the affirmative, I in the negative. I the following amendment : For the trial of all civil cases not now of the peace, and any number not less civil cases now triable by a justice of cases are brought into courts by origi- or removal from a justice.'' 222 JOtJEKAL 09 THS OOKSTITtmOKAL OONVBKTIOK. Mr. TuRNBULL moved to adjourn, which was agreed to— 26 ; noes 24. — and on motion of Mr. Grrbn the vote was recorded ai lows : Smith, Thornton, Tarahnll, Waddill, Wescott, and Tanoey— 26. Noes— Messrs. Boaz, Boaldin, Braxton, Earman, Gillespie, B. T. Gordon, Hancock, Hooker, Ingram, G. W. Jones, Lawson, Mcllwaine, Newtoi Pedigo, Pettit, Pollard, Qnarlee, Walker, Watson, Wise, Withers, and Mr. dent— 24. MONDAY, OCTOBER 21, 1901. The Convention assembled at 12 o'clock M. Prayer by John Moncure, D. D., of the Protestant Episcopal church The roll of the Convention was called, and the following bers were present and answered to their names : Messrs. George K. Anderson, Barbonr, Manly H. Barnes, Boaz, S Braxton, Brown, Cameron, Garter, Chapman, Cobb, Crismond, Dnnawa man, Eggleston, Gamett, Gilmore, Gillespie, B. T. Gordon, James W. ( R. L. Gordon, Green, Gregory, Hamilton, Hardy. Hooker, Honton. J G. W. Jones, Kendall, Lawson, Lindsay, Lovell, Mcllwaine, Meredith, R. Moore, Mundy, Newton, O'Flaherty, Pedigo, Phillips, Pollard, Qnarlea, Thom, Tambnll, Vincent, Waddifi, VTalker, Watson, Wesoott, Willis, Tancey, and Mr. President— 56. The journal of Saturday's proceedings was read an proved. Mr. OTlahbbty offered the following resolution : "Resolved, That the resolution heretofore adopted, of I a recess at 1 P. M. to 3 P. M., be suspended for the day.' — which was agreed to. Mr. Gordon, of Richmond, offered the following amen< to the rules : Add at the end of section 2 the words : "No leaves ( sence shall be granted, except for sickness, when thei more than twenty leaves of absence in effect.'* — which was ordered to lie on the table and be printed. Messrs. Pollard, Quarlbs, and Goodb presented resolu protesting against the sale of intoxicants, from the citiz Richmond, Waynesboro, and Claremont, respectively, were referred to the Committee on Preamble and Bill of R Mr. Pollard presented a resolution from Marshall I ^ Digitized by Google aE COKSTIT0TIONAL CONVENTIOK. thias, relating to taxing property of se- ,s referred to the Committee on Taxation 5 granted the following members. ^s, on motion of Mr. Barbour. on motion of Mr. Boaz. tgomery, two days, on motion of Mr. lys, on motion of Mr. Eggleston. rSf on motion of Mr. Thom. mmittee of the whole on the report of 3f Eights being the unfinished business, 3d by Mr. Barbour on Saturday to see- as adopted — ayes, 38; noes, 16. RBOUR the vote was recorded as follows : ideraon, Barbour. Manly H. Barnes, Boaz, Bouldin, obb, Crismond, Eggleston, Garnett, Gilmore, Gi lies- Gordon, R. L. Gordon, Gregory, Hardy, Hooker, [x>vell, McIIwaine, R. Walton Moore, 0' Flaherty, incent, Waddill, Walker, Wescott, Willie, Wise, i8. laway, Earman, Green, Hamilton, Ingram, G. W. lundy, Newton, Pedigo, Phillips, Quarles, Smith, to amend section 11 by adding thereto ay civil jury of twelve men may find a ' shall have deliberated for five hours ; m the adoption of this Constitution the y provide that the verdict of all juries led, was then adopted, tered a motion to reconsider the vote by opted. taken up, and Mr. Braxton proposed mt thereto : a the following : ''And any citizen may ish his sentiments on all subjects, being se of that liberty.'' -ayes, 37 ; noes, 17. r. Braxton the vote was recorded as fol- aderson, Manly H. Barnes, Bouldin, Braxton, Brown, ly, Earman, Eggleston, Garnett, Gilmore, Gillespie, don, R, L. Gordon, Hooker, Ingram, Kendall, Law- 224 JOtJEKAIi OF THB OOKSTITtTnOKAL CONVENTION. Bon. Llndflay, LovelL Meredith, R. Walton Moore. Mandy, Kewton, O'F Pedigo, Phillipe, Polljurd, Smith, Thorn, Tambull, Waddill, Walker, Yan Mr. Preeident— 37. Noes— MeesrB. Barboar, Boai, Cameron, Carter, Cobb, Green, Gregory, ton, Honton, G. W. Jones, M<^waine, Qnarles, Vincent, Watson, ' Willis, and Wise— 17. On motion of Mr. Meredith the Convention adjournei TUESDAY, OCTOBER 22, 1901. The Convention assembled at 10 o'clock A. M. Pra Rev. Dr. Greo. Cooper, of the Baptist church. The roll of the Convention was called, and the foil members were present and answered to their names : Messrs. Greorge K. Anderson, Barbonr, Manly H. Bamee, Bo&z, '. Brooke, Brown, Cameron, Carter, Chapman, Cobb, Crifimond, Dunaway, i Eggleston, Fairflu, Gamett, Gilmore, Gillespie, B. T. Gordon, Jam^ W. Green, Gregory, Hancock^ Hardy, Hatton, Hunton, Ingram, Claggett 1 G. W. Jones, Eeezell, Kendall, Lawson, Lincoln. Lindsay, Lovell, B Mcllwaine, Meredith, Moncure, R. Walton Moore, Thomas L. Moore, Newton, O'Flaherty, Parks, Pedigo, Pettit, Phillipe, Pollard, Quarlea Thom, Tumbull, Vincent, Waddill, Walker, Wataon. Wescott, Willii Yancey, and Mr. President— 63. The journal of yesterday's proceedings was read a proved. Messrs. Pollard, Gordon, of Richmond, Anderson, c ghany, and Gregory presented petitions from citizens city of Richmond and counties of Alleghany and King W respectively, relating to licensing the sale of intoxicating 1 which were referred to the Committee on Preamble and Rights. Mr. TuRNBULL proposed the following resolution : "Resolved, That when the Convention adjourns on 1 the 25th instant, it adjourn to meet on Thursday, the 1 of November, 1901, at 12 o'clock M., without pay dur recess." Mr. Barbour called the pending question. The pending question being ordered the vote was put resolution, and it was agreed to^ayes, 44 j noes, 13. On motion of Mr. Brown the vote was recorded as foil Atb9 — Messrs. George K. Anderson, Barbonr, Manly H. Barnes, Broi eron. Carter, Chapman, Cobb, Crismond, Dnnaway, Earman, Fairikx, Gilmore, Gillespie, James W. Gfordon, Green, Gre^rory, Hardy, Hatton, Claggett B. Jones, G. W. Jones, Keezell, Kendall, Lawson, Lovell, M Digitized by Google PAL OF THE CONSTITUTIONAL CONVENTION. 335 4. Moore, Newton, Parks, Pettit, Quarles, Smith, Thom, talker, Wescott, Willie, Wise, Yancey, and Mr. President— 44. iz, Bouldin, Brooke, B. T. Gordon, Ingram, Lindsay, R. aherty, Pedigo, Phillips, Pollard, Waddill, and Watson— 13. was granted two days' leave of absence on 'hom. amendment to the rules, offered by Mr. Gor- id, was read. the committee of the whole on the report of the le Bill of Rights, being the unfinished business, id section 12 as amended was adopted. 4, 15, 16, 17, and 18 of Article I, and Articles then adopted. reconsider section 8 of Article I of the report, rday by Mr. O'Flahertv, was taken up, and it ^es, 14 ; noes, 45. I of Mr. O' Flaherty the vote was recorded as ily U. Barnes, Chapman, Earman, Gillespie, James W. Gordon, rhomas L. Moore, Mundy, O' Flaherty, Pedigo, Phillips, 11—14. ►rge K. Anderson, Barbour, Boaz, Bouldin, Brooke, Brown, ond, Dunaway, Eggleston, Fairfax, Gamett, Gil more, B. T, ory, Hardy, Hatton, Hanton, Ingram, ClaggettB. Jones, G. Cendall, Lawson, Lmdsay, Lovell, Mcltwaine, Moncure, R. 3, Pettit, Pollard, Quarles, Smith, Thom, Turnbull, Walker, illis. Wise, Yancey, and Mr. President — 45. i proposed by Mr. Smith to the Bill of Rights, d it was rejected — ayes, 16 ; noes, 39. Mr. Smith the vote was recorded as follows : »ke, Dunaway, Earman, Eggleston, Hancock, Hatton, Ingram, n, Marshall, Moncure, Mundy, Pedigo, Pettit, Smith, and hour. Manly H. Barnes, Boaz, Bouldin, Brown, Carter, Chap- nd, Fairfax, Gilmore, Gillespie, B. T, Gordon, James W. irdy, Hunton, (Jlaggett B, Jones, Keezell, Kendall, Lawson, Iwaine, Meredith, R.Walton Moore, Parks, Phillips, Pollard, '^incent, Waddill, Walker, Watson, Wescott, Wise, Yancey, 59. neys to sectarian institutions, which was re- mittee on the Legislative Department, ce was granted the following members : , one day, on motion of Mr. Lindsay. r Digitized by ' 234 JOUBNAL OF THB OONSTITUTIONAL CONVBNTIOK. Mr. Lawson, one week, on motion of Mr. Barnss, of Ni mond. Mr. Smith, ten days, on motion of Mr. Moore, of Fairfg Mr. Hancock, one day, on motion of Mr. Ingram. Mr. Thom, one day (to-day) on motion of Mr. Brooke. The President announced the appointment of Messrs. E Kkezell, Ayers, and Thom on the committee authorize the resolution of Mr. Moore, of Fairfax, adopted yesterda On motion of Mr. Barnes, of Nansemond, the Conventio solved itself into a committee of the whole, upon the repo the Committee on the Organization and Government of C ties, Mr. Wise in the chair. After some time passed in the committee of the wholt President resumed the chair and Mr. Wtsk reported tha committee of the whole had had under consideration the n of the Committee on the Organization and Governmei Counties, and had risen without coming to any conclusion recommend to the Convention that that section of the r relating to treasurers be referred back to the Committee o: Organization and Government of Counties, which report agreed to. On motion of Mr. Moore, of Fairfax, indefinite leave o sence was granted Mr. Gwyn. The President laid before the Convention a commuiiic from the faculty of William and Mary College endorsinj Barbour-Quarles resolutions, which was referred to the raittee on Preamble and Bill of Rights. Mr. Harrison proposed the following resolution, whicl rejected : ''Resolved. That on and after Monday, the Uth of Nc ber, 1901, the Convention shall meet at 10 o'clock A. M. the chair be vacated at 2 o'clock P. M. and resumed at 8 o* P. M.'' The hour of 1 o'clock having arrived,. the President va the chair until 3. P. M. SATURDAY, NOV. 9, 1901— AFTERNOON SESSIO The President resumed the chair at 3 P. M. Mr. Barnes, of Nansemond, proposed the following ri tion, which was agreed to : Resolved, That when the Convention adjourns to-day, journ to meet Monday at 12 o'clock M. On motion of Mr. Ayers the Convention adjourned. I Digitized by Google NAL 07 THX GONSTITUnONAL OONYBNTIOK. 235 [ONDAY NOVEMBER 11, 1901. on assembled at 12 o'clock M. Prayer by Rev. , of the Presbyterian church, e Convention was called, and the following mem- nt and answered to their names : denon, Ayen, Barbour, Barham, Manly H. Barnee, Thomas Boaz, BoleD, Booldin, Braxton, Briatow, Brooke, Brown, F. CSampbell, P. W. Oanipbell» Carter, Chapman, Egsleeton, her, Gilmore, Gilleepie, Glaae, B. T. Gordon, James W. Gor- Green, Gregory, Hamilton, Hardy, Harrison, Hatton, Hooker, /la^tt B. Jones, G. W. Jones, Keesell, Kendall, Lincoln, [aiinall, Mcllwaine, Meredith, Miller, Moncare, R. Walton Moore, Mnndy, CFlaherty, Orr, Parks, Pedigo, Pettit, Poi- se, Bobertson, Stebbins, Stoart, Sommers, 'I'arry, Thom, , Vincent, Waddiil, Watson, Wesoott, Willis, Wise, Withers, , and Mr. President— 79. of Saturday's proceedings was read and ap- JBINS, Vincent, Marshall, Barnes, of New Sarrison, and Campbell, of Washington, pre- from citizens of Halifax and Sussex counties, Qoke, students of William and Mary College, students of Roanoke Female College, Danville, f Winchester, and citizens, teachers, and school tol, respectively, relating to licensing'the sale liquors, which were referred to the Committee id Bill of Rights. mce was granted Mr. Garnett, three days, on Barnes, of Nansemond. RTY proposed the following resolution, which at the resolution heretofore adopted, providing hall be vacated at 1 P. M. and that the Conven- emble at 3 P. M. be suspended for to-day. Mr. Barnes, of Nansemond, the Convention nto a committee of the whole, upon the report tee on the Organization and Government of Vise in the chair. me passed in the committee of the whole the med the chair, and Mr. Wise reported that the risen without coming to any conclusion upon Ted to them. Mr. Gordon, of Richmond, the Convention ad- Digitized by ' 236 JOUBNAL OF THB CONSTITUTIONAL CONTENTION. TUESDAY, NOVEMBER 12, 1901. The Convention assembled at 10 o'clock A. M. Prayer by Rev. Dr. W. F. Dunaway, of the Baptist church. The roll of the Convention was called and the following members were present and answered to their names : Messre. W.A.Anderson, Barbour, Barhun, Manly H. Barnes, Thomas E Barnes, Boaz, Bolen, Bouldin, Braxton, Bristow, Brown, Cameron, Clarence J. Campbell, P. VV. Campbell, Carter, Chapman, Cobb, Dunaway, Earman, Egftei- ton, Epes, Fairfax, Fletcher, Flood, Gilmore, Gillespie, Glass, B. T. Godoa, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, HancoA, Hardy, Harrison, Hat ton, Hooker, H anion, Ingram, Olaggett B. Jones, G. W. Jones, Keezell, Kendall, LawBon, Lincoln, Lindsay, Lovell, Marshall, Mcllwaine, Meredith, Miller, Moncure, R. Walton Moore, Thomas L. Moore, Mundy.O Fla- herty, Orr, Parke, Pedigo, Petti t, Pollard, Portlock, Quarles, Rives, Robertson. Stebbins. Stuart, Summers, Tarry, Thom, Thornton, Tnrnbull, Waddill, Watsoi, Wescott, Willis, Wise, Withers, Wood house, Wysor, and Mr, Preeident— 83. The journal of yesterday's proceedings was read and ap- proved. On motion of Mr. Stebbins the Committee on Education and Public Instruction was given permission to sit during the ses- sion of the Convention. Mr. Stebbins proposed the following resolution : Resolved, That after to-day the Convention will meet 9 : 30 A. M., and sit not later than 2 o'clock, P. M., at whi time the chair shall declare the Convention adjourned until tl following morning and so on each day thereafter unless otb wise ordered by the Convention. Mr. O'Flaherty moved to amend by striking out the fij '* 9 : 30 " and insert ** 10/' which was agreed to. The vote was then taken on the resolution as amended, it was adopted — ayes, 52 ; noes, 9. On motion of Mr. Withers the vote was recorded as folio Ayes— Messrs. W. A. Anderson, Barbour, Manly H. Barnes, Boaz, Boald Braxton, Bristow, Cameron, Clarence J. Campbell, Carter, Cobb, Crismond,? Fairfax, Fletcher, B. T. Gordon, James W. Gordon, R. L. Gordon, Gret Gwyn, Hancock, Hardy, Harrison, Hatton, Hooker, Ingram, Claggett B. J« Kendall, Marshall, Meredith, Miller, Moncure, R. Walton Moore, Murtdy, CI herty. Parks, Pedigo, Pet tit, Portlock, Quarles, Rives, Stebbins, Stuart, S'nmmr Thorn, Thornton, TurnbuU, Waddill, Wescott, Woodhouse, Wysor, and 1 President— 52. Nobs — Messrs. Barham, Thomas H. Barnes, Chapman, Gillespie, Green, Ke Orr, Tarry, and Withers— 9. Messrs. Harrison and Gillespie presented petitions citizens of Frederick and Tazewell counties, respectively,! lating to licensing the sale of intoxicating liquors, which referred to the Committee on Preamble and Bill of Rights. rAL OP THE CONSTITUTIONAL CONVENTION. ^87 KRS and Wescott presented petitions from the nited American Mechanics, protesting against on of public moneys to sectarian institutions, srred to the Committee on the Legislative De- proposed resolution No. 268, relating to sufifrage, red to the Committee on the Elective Franchise. , from the Committee on the Executive Depart- sport, which was ordered to lie on the table and f Mr. Barnes, of Nansemond, the Committee ion and Government of Counties was discharged isideration of resolutions No. 264 and No. 265, referred to the Committee on the Legislative to the Committee on Taxation and Finance, he President pro tern in the chair) made the , which was adopted : ri : nmittee appointed to inquire and report what s necessary to be taken with reference to the 3ion of the General Assembly, beg leave to re- ave had under consideration the subject referred icommend the adoption by the Convention of solution : it a committee of five be appointed, whose duty ifer with the House of Delegates, or a commit- le commencement of the approaching session of embly, for the purpose of making suitable ar- the occupation of the hall by the Convention erfere with its use by the House of Delegates nuance of their session. JOHN GOODE, Chairman, ' Mr. Barnes, of Nansemond, the Convention ito a committee of the whole upon the report see on the Organization and Government of ^ISE in the chair. ne passed in the committee of the whole the ned the chair, and Mr. Wise reported that the risen without coming to any conclusion upon red to them. 'rom the Committee on the Organization and Counties, proposed an amendment to their re- Digitized by * 238 JOUBKAL OF THB CONSTITUTIONAL OONVENTIOIT. port relating to county treasurers, which was referred committee of the whole. Mr. MooRB, of Fairfax, proposed the following resc and asked its immediate consideration , which was agree Resolved, That instead of a new committee of five m being appointed in pursuance of the report presents morning, relative to the approaching session of the ( Assembly, the committee that made said report shall tinned, and shall perform the duties set forth therein. — and on his motion the resolution was adopted. On motion of Mr. Stebhins the Convention resolve( into a committee of the whole upon the amended report Committee on the Organization and Government of Cc Mr. Wise in the chair. After some time passed in the committee of the wh President resumed the chair, and Mr, Wise reported t committee had risen without coming to any conclusio; the matter referred to them. Mr. Anderson, of Rockbridge, proposed the followii lution, which was agreed to : ^'Resolved, That when the Convention adjourns to adjourn to meet to-morrow at 10 o'clock.'' On motion of Mr. Keezei. the Convention adjourned. WEDNESDAY, NOVEMBER 13, 1901. The Convention assembled at 10 o'clock A. M. Pra Rev. Dr. W. B. Beauchamp, of the Methodist Episcopal ( South. The roll of the Convention was called and the followin bers were present and answered to their names : MesBn. W. A. AndeiBon, Ayen, Barbour, Bar ham. Manly H. Barnes H. Baraee, Blair, Boaz, BoIod, Bouldin, Bristow, Brooke, Brown. Came enoe J. Gampbell, P. W. Oampbell, Carter. Chapman, Cobb, Crismond, 1 Earman, Effffleflton. Epes, Fairfax, Fletcher, Flood, Gilmore, Gillespie. T. Gordon, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, J Hancock, Hardy, Harrison, Hatton, Hooker, Hunton, Ingram, Clanrett G. W. Jones, Keezell, Kendall, Law son, Lincoln, Lindsay, Lovell. Mar Ilwaine, Meredith, Miller, Moncare, R. Walton Moore, Thomas L. Moor< CFlaherty, Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Portlock, Quar] Robertson, Stebbins, Stuart, Summers, Tarry, Thom, Thornton, Turn cent, Waddill, Walker, Watson, Wescott, Willis, Wise, Withers, W< Wysor, Yancey, and Mr. President— 90 The journal of yesterday's proceedings was read j proved. Digitized by Google AL 07 THl OONSTITUTIOKAL OOKTIKTIOK. 239 )N, Wysor, Barnes, of New Kent, Brookb and ted petitions from citizens of Isle of Wight, id James City counties, and the cities of Nor> »nd, respectively, relating to licensing the sale iquors, which were referred to the Committee I BiU of Rights. motion of Mr. Thornton, was granted one 3sence. rE, from the Committee on Education and Pub- nade a report, which was ordered to lie on the ited. Mr. Barnes, of Nansemond, the Convention ito a committee of the whole upon the report ^e on the Organization and Government of ^iSE in the chair. me passed in the committee of the whole the Qed the chair, and Mr. Wise reported that the lad under consideration the report of the Com- Drganization and Government of Counties, to md had directed him to report the same with r moved to adjourn, which was rejected — ayes, Mr. Brown the Convention adjourned. JRSDAY, NOVEMBER 14, 1901. on assembled at 10 o'clock A. M. Prayer by ardson, of the Baptist church, he Convention was called, and the following ^resent and answered to their names. 1. Anderaon, W. A. Andenon, Ayera, Barbour. Barluim, lair, Boaz, Bolen, Bouldin. Braxton, Bristow, Brooke. Brown, r. Campbell, P. W. Oampbell. Carter, Chapman, Cobb, Cris- rman, Emleeton, Epee, Pairnx, Flood, Gilmore, Gilleepie, James \VT Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hardy, Harrison, Hatton, Hanton, Ingram, G. W. Jonee, kWBon, Lincoln, Lindsay, Lovell, Marshall, McJlwaine, Mere- !e, R. Walton Moore, Thomas L. Moore, Mandy, 0' Flaherty, Pettit, Phillips, Pollard, Portlock, Qnarles, Robertson, Steb- lers. Tarry, Thom, Thornton, Tumbull, Vincent, Waddill, ktson, Weseott, Willis, Wise, Withers, Woodhoose, Wysor, Bsident— 88. of yesterday's proceedings was read and ap- Digitized by G( 240 JOUBKAL 07 THl OOKSTITUTIOKAL COKTEKTIOH. Messrs. Walker, O'Flahbrty, Barnes, of Nansemon McIlwaink, presented petitions from citizens of Westmc and Clarke counties, the members of Suffolk Baptist c and the preachers and delegates of the Virginia Annuj ference, respectively, relating to licensing the sale of int ing liquors, which were referred to the Committee on Pr and Bill of Rights. Messrs. Wescott and Walker presented petitions fr Junior Order United American Mechanics, protesting : the appropriation of public moneys to sectarian instit which were referred to the Committee on the Legislat partment. Leave of absence was granted the following members Mr. Fletcher, two days, on motion of Mr. Moore, o fax. Mr. Hancock, one day, on motion of Mr. Ingram. On motion of Mr. Cameron the Convention resolve into a committee of the whole upon the report of the C tee on the Executive Department, Mr. Boaz in the chair After some time passed in the committee of the wh President resumed the chair, and Mr. Boaz reported t committee had had under consideration the report of th mittee on the Executive Department, and had risen \ coming to any conclusion, and recommend to the Con^ that section 17 be recommitted to the Committee on the tive Department, which report was agreed to. Mr. Harrison proposed an ordinance, No. 269, to i distinct subjects of taxation for State and local purposes was referred to the Committee on Taxation and Finance Mr. Glass proposed an ordinance, No. 270, in regarc right of franchise, which was ordered to lie on the tal be printed. Messrs. Llndsay, Portlock, and Pollard presented p< from citizens of Albemarle and Norfolk counties, and t of Richmond, respectively, relating to licensing the sal toxicating liquors, which were referred to the Commi Preamble and Bill of Rights. Leave of absence was granted Mr. Hamilton to-day, tion of Mr. Cameron. On motion of Mr. Lindsay the Convention adjourned I Digitized by Google L 07 THB OOKBTrrunOKAL GOmriKTIOK. 241 IDAY, NOVEMBER 15, 1901. a assembled at 10 o'clock A. M. Prayer by Cecil, of the Presbyterian church. Convention was called and the following mem- and answered to their names : ndenoD, W. k, AndenoD, Ayen, Barboar, Barham, Manly . Barnes, Blair, Boaz, Bolen, Braxton, Bristow, Brooke, ence J. Campbell, P. W. Gampbell, Carter, Chapman, Cris- nan, fiRsleston, Epee, Fairfax, Flood, Gil more, Gilleepie, ames W. Gordon. K. L. Gordon, Green, Gregory, Gwyn, rrison, Hnnton, In^tram, G. W. Jones, Keezell, Kendall, Isay, Lovell, Marshall, Mcllwaine, Meredith, Miller, Mon- , Thomas L. Moore, Mundy, 0' Flaherty , Orr, Parks, Pedigo, ;k, Qaarles, Rives, Robertson, Stebbins, Staart, Bammers, on, Tambull, Waddill, Walker, Walter, Wesoott, Willis, ouse, Wysor, Yancey, and Mr. President— 83. yesterday's proceedings was read and ap- Rs, Campbell, of Washington, Ayers, Greg- don, of Richmond, and Goode, presented pe- ns of Pittsylvania, Washington, Wise, King ford counties, the clergymen of the Episco- chmond, and the members of Suffolk Baptist ely, relating to licensing the sale of intoxi- lich were referred to the Committee on Pre- Rights. ce was granted the following members : dree days, on motion of Mr. Barnes, of Nan- ne day, on motion of Mr. Stebbins. me day, on motion of Mr. Gordon, of Rich- 70 days, beginning to-day, on motion of Mr. posed an ordinance. No. 27, relating to the ^as ordered to lie on the table and be printed, of Rockbridge, from the Committee on the e, reported the following : i« Constitutional Convention : )ill, No. 268, patron Mr. Braxton, the commit- eports that it duly considered all questions ior to the reports already submitted, and in mclusions in the premises are duly indicated, St of the patron no further action is taken on Digitized by Googl 242 JOURNAL OF THE CONSTITUTIONAL CONVENTION. the bill, and the committee respectfully requests to be disch from further consideration of the same. WILLIAM A. ANDERSOI^ Acting Chaimi — which was on motion agreed to, and the Committee c Elective Franchise, was discharged from further considei of No. 268. Mr. McIlwainb moved that the Convention resolve into a committee of the whole, upon the report of the Coi tee on Education and Public Instruction, which was agreet ayes, 57 ; noes, — and on motion of Mr. Boaz the vote was recorded as fol YsAS— Messrs. George K. Anderson, Ayers, Barbour, Barham, Thoi Barnes, BUir, Boaz, Boien, Braxton, Brown, Cameron, (Marence J. I'amp W. Campbell, Carter, Chapmaif, Crismond, Dunaway, Earman, EggleetoD Gilmore, Gillespin, Glass. B. T. Gordon, James W. Gordon, R. L. Gordon, Gregory, Gwyn, Hardy, Ingram, G. W. Jones, Kendall, Laweon, Lincoln, L Loveil, Mcllwaine, MiMer, Moncure, R. Walton Moore, Thomas L. Mooi Parks, Pettit, Portlock, Qaarles, Stebbins, Tarry, Thorn, Waddill, Walker, Withers, Woodhouse, Wysor, Yancey, and Mr. President— 68. Nobs— Messrs. Bristow, Harrison, Keezell, Marshall, Mundy, O'Fli Pedigo. Phillips, Tarnboll, and Walter— 10. The Convention then went into a committee of the \\ Mr. Parks in the chair. After some time passed in the committee of the whoL President resumed the chair, and Mr. Parks reported thi committee had risen without coming to any conclusion the matter referred to them. Mr. Thom presented a petition from certain minist Norfolk, Va., relating to licensing the sale of intoxic liquors, which was referred to the Committee on Preambl Bill of Rights. On motion of Mr. Barnes, of Nansemond, the Conve adjourned. SATURDAY NOVEMBER 16, 1901. The Convention assembled at 10 o'clock A.M. Prayer bj Dr. A. B. Dunaway, of the Baptist church. The roll of the Convention was called and the following bers were present and answered to their names : Digitized by Google UBKAL 07 THl OONSTITUTIONAL GONYBNTION. 243 i K. AndenoD, W. A. Andereon, Ayera, Barboar/ Manly H. I U. Barnes, Blair, Boaz, Bolen, Braxton, Bristow, Brooke, , Clarence J.Campbell, P. VV. Campbell, Carter, Cbapman,Cobb, ray, Earman, £ggle8ton,Epe8, Fairfax, Flood, Gilmore, Qiileepie, Ion, James W. Gordon, R. L. Gordon, Gregory, Gwyn, Hamil- ardy, Harrison, Unnton, Ingram, G. W. Jones, Kec^zell, Kendall, . Lindsay, Lovell, Marshall, Mcllwaine, Meredith. Miller, Mon- Moore, Thomas L. Moore, Mundy,0'Flnherty, Orr, Parks, Fedigo, Pollard, Portlock, Quarles, Rives, Robertson, 8tebbins, Stnart, Thom, Thornton, Turnball, Waddill, Walker, Walter, Wesoott, thers, Wysor, Yanoey, and Mr. President— 83. 1 of yesterday's proceedings was read and ap- .TON presented a petition from citizens of Peters- to licensing the sale of intoxicating liquors, which to the Committee on Preamble and Bill of Rights. LEs presented a petition from the Junior Order ican Mechanics, protesting against the appropria- ) moneys to sectarian institutions, which was re- Committee on the Legislative Department, bsence was granted the following members : ►w, one day, on motion of Mr. Pollard. ;dll, six days, on motion of Mr. Walker. three days, on motion of Mr. Rives. c, of Montgomery, three days, on motion of Mr. ix, one week, on motion of Mr. Moorb, of Fairfax. f, two days, beginning to-day, on motion of Mr. >N, two days, beginning to-day, on motion of Mr. UR, one day, on motion of Mr. Crismond. Q of Mr. McIlwainb the Convention resolved committee of the whole, upon the report of the m Education and Public Instruction, Mr. Parks e time passed in the Committee of the whole the Bsumed the chair and Mr. Parks reported that the ad risen without coming to any conclusion upon if erred to them. rAiNB proposed the following resolution which was , That when the Convention adjourn to-day, it ad- t Monday at 12. M." of Mr. STBBBiNsthe Convention adjourned. Digitized by Goo 244 JOURNAL OF THE OONBTITtTTIONAL CONTENTIOK. .MONDAY, NOVEMBER 18, 1901. The Convention assembled at 12 o'clock M. Prayer by R€ Dr. Jere Witherspoon, of the Presbyterian church. The roll of the Convention was called, and the following me: bers were present and answered to their names * Meesrs. George K. Anderson, W. A. Anderson, Ayere, Tbomaa H. Bamee, Bli Boaz, Bolen, Boaldin, Braxton, Brown, Cameron, P. W. Campbell, Can Chapman, Davis, Danaway, Earman, Fletcher, Garnett, Gilmore, Gilles-pie. Gli B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamih Hancock, Hatton, Hooker, Habard, U union, Ingram, Claggett B. Jones, W. Jones, Keezell, Kendall, Lawson, Lincohi, Lindsay, Loveli, Marshall, M< waine, Meredith, Miller, R. Walton Moore, Mundy, Orr, Parks, Pedigo, Pet Phillips, Pollard, Qaarles, Rives, Robertson, Stebbins, Stuart, Summers, lai Thom, Vincent, Waddill, Walker, Walter, Watson, Wescott, Wise, With< Wysor, Yancey, and Mr. President— 74. The journal of yesterday's proceedings was read and i proved. Messrs. Thom, Meredith, Davis, Jones, of King and Quec Garnett, and Goode presented petitions from citizens of t cities of Norfolk and Richmond, the counties of Franklin, Ki and Queen, Mathews, and Gloucester, and the Baptist Genei Association, respectively, relating to licensing the sale of i toxicating liquors, which were referred to the Committee Preamble and Bill of Rights. Leave of absence was granted the following members : Mr. Flood, one day (to-day) , on motion of Mr. Brown. Mr. Brooke, one day (to-day) , on motion of Mr. Thom. Mr. Campbell, of Amherst, four days, on motion of Ai Gordon, of Nelson. On motion of Mr. McIlwaine the Convention resolved its< into a committee of the whole, upon the report of the Coi mittee on Education and Public Instruction, Mr. Parks in t] chair. After some time passed in the committee of the whole tl President resumed the chair, and Mr. Parks reported that tl committee had risen without coming to any conclusion up< the matter referred to them. On motion of Mr. McIlwaine the Convention again resolv itself into a committee of the whole, upon the report the Committe on Education and Public Instruction. After some time passed in the committee of the whole ti President resumed the chair, and Mr. Parks reported th the committee had risen without coming to any conclusion upi the matter referred to them. On motion of Mr. Campbell, of Washington, the Conventic adjourned. Digitized by VjOO^IC_ OUSNAL 07 THB OONSnTUTIONAL OONTBNTION. TUESDAY, NOVEMBER 19, 1901. rention assembled at 10 o'clock A. M. Prayer P. T. Warren, of the Baptist church, of the Convention was called and the following jre present and answered to their names : "ge K. Anderson, W. A. Anderson, Ayers, Barbour, Barhatu, arnes, Blair, Boaz, Bolen, Bouidin Braxton, Brooke, Brown^ . Campbell, Garter, Cbapman, Cobb, Crismond, Davis, Danaway, ston, Fletcher, Garnett, Gilmore, Gilleepie» Glass, B. T. Gordon, ion, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hooker, Hubard, Hunton, Ingram, ClaggettB. Jones, G. W.Jones, ail, LAwson, Lincoln, Lindsay, Marsnall, Mcllwaine, Meredith, B, R Walton Moore, Mandy, O' Flaherty, Orr, Parks, Pedigo, , Pollard, Portlock, Qaarles, Richmond, Rives, Robertson, Steb- Inmraers, Tarry, Thom, Thornton, Vincent, Waddill, Walker, 1, Wescott, Wise, Withers, Woodhoase, Wysor, Yancey, and Mr. lal of yesterday's proceedings was read and ap- 1 of Mr. McIlwaine, the Convention resolved itself littee of the whole, upon the report of the Com- ducation and Public Instruction, Mr. Parks in the e time passed in the committee of the whole the esumed the chair and Mr. Parks reported that the lad risen without coming to any conclusion upon •ef erred to them. 1 of Mr. Barnks, of Nansemond, the Convention WEDNESDAY, NOVEMBER 20, 1901. rention assembled at 10 o'clock A. M. Prayer by P. Scott, of the Baptist church, of the Convention was called, and the following )Te present and answered to their names. •ge K. Anderson, W. A. Anderson, Ayers, Barboar, Barham, lee, Thomas H. Barnes, Blair, Boaz, Bolen, Bouidin, Braxton, B, Brown, Cameron, P. W. Oampbell, Chapman, Crismond, Davis, man, Es^gleeton, Fletcher, Flood, Garnett, Gilmore, Gillespie, rdon, James W. Gordon. R. L. Gordon, Green, Gregory, Gwyn, icock, Hardy, Hatton, Hooker, Hubard, Hunton, Ingram, Cls^- f. W. Jones, Eeezell, Kendall, lAwson, Lincoln, Lindsay, Marshall, redith. Miller, Monoure* R. Walton Moore, Mandy, O'FUherty, Digitized by Goc 246 JOURNAL OF THE OONSTITUTIONAL CONVENTION. Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Portlock, Qaarlee, Richmond. Ri RobertaoD. Stebbins, Staart, Sammera, Tarry, Thorn, Thornton, Vincent, Wad< Walker, Walter, Wataon, Weecott, Willis, Wise, Withers, Woodhoaae. Wy Yancey, and Mr. President— 88. The journal of yesterday's proceedings was read and proved. Messrs. Quarles and Campbell, of Washington, presen petitions from citizens of Augusta and Washington counti relating to licensing the sale of intoxicationg liquors, wh were referred to the Committee on Preamble and Bill of Rig! The President laid before the Convention the follow: communication : Mrs. McKinley acknowledges with grateful appreciation tender expressions of sympathy extended to her in her sorrc September, 1901. Canton, O Leave of absence was granted the following members : Mr. Robertson, three days, on motion of Mr. Marshall. Mr. Wise, one day, on motion of Mr. Pollard. Mr. Wysor proposed an ordinance, No. 271, relating to s frage, which was ordered to lie on the table and be printed. On motion of Mr. McIlwaine, the Convention resolved if into a committee of the whole, upon the report of the C( mittee on Education and Public Instruction, Mr. Parks in chair. After some time passed in the committee of the whole President resumed the chair and Mr. Parks reported that committee had risen without coming to any conclusion u] the matter referred to them. On motion of Mr. Gordon, of Nelson, the Convention journed. THURSDAY, NOVEMBER 21, 1901. The Convention assembled at 10 o'clock A. M. Prayer Rev. Dr. Richard McIlwaine, of the Presbyterian church. The roll of the Convention was called and the following m< bers were present and answered to their names : Messrs. G^rf^e K. Anderson, W. A. Anderson, Ayers. Barbour, Barham, Mi H. Barnes. Thomas H, Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, Bria Brooke, Brown. Cameron, P. W. Campbell, Carter, Chapman, C'rismond, Di Danaway, Earman, Essleston, Epes, Fletcher. Flood, Garnett, Gilmore, Gille G'ass, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Gregory, Gi Hamilton, Hauoock, Hardy, Hatton, Hooker, Habard, Huuton, Ingram, Claj 1 Digitized by VjOOQIC [JBNAL OF THB OONSnTUTIONAL OONYBNTIOK. 247 Jonet, Keesell, KoDdall, Lawson, LIdooId, Lindsay, Loyell, line, Meredith, Miller, Moncore, R. Walton Moore, O'Flaherty, 0, Pettit, Phillips, Pollard, Portlock, Qaarles, Richmond, Rivee, Stuart, Sammers, Tarry, Thom, Vincent, Waddill, Walker, Weeoott, Willis, Withers, Woodhoase, Wysor, Yanoey, and Mr. 1 of yesterday's proceedings was read and ap- tfBRON, and Anderson, of Rockbridge, presented I citizens of the city of Petersburg, and the county >, respectively, relating to licensing the sale of in- [uors, which were referred to the Committee on Bill of Rights. >CK presented a petition from the Junior Order can Mechanics, protesting against tlie appropria- monejs to sectarian institutions, which was re- ]!ommittee on the Legislative Department, sence was granted the following membei^s : , five days, on motion of Mr. Gillespie. J, four days, on motion of Mr. Dun away. 5, of Nansemond, four days, on motion of Mr. N, from the Committee on Judiciary, made a re- as ordered to lie on the table and be printed. 3f Mr. HuNTON, the Committee on Judiciary was >m further consideration of ordinance No. 271 — lered to lie on the table. :>{ Mr. McIlwainb the Convention resolved itself tee of the whole upon the report of the Committee and Public Instruction, Mr. Parks in the chair, time passed in the committee of the whole the ;umed the chair, and Mr. Parks reported that the d risen without coming to any conclusion upon erred to them. ■ 2 o'clock having arrived the Chairman declared n adjourned until to-morrow at 10 o'clock A. M. FRIDAY, NOVEMBER 22, 1901. ition assembled at 10 o'clock A. M. Prayer by Cooper, of the Baptist church. the Convention was called and the following 3 present and answered to their names : Digitized by Go\ 248 JOURNAL OF THE CONSTITUTIONAL CONVENTION. MesBTS. George K. Andenon, W. A. Anderson, Ayera, Barbour, Barham, H. Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, Br i stow, Brooke, 1 Cameron, P. W. Gampbell, Carter, Crismond, Dun away, Earman, Egg Epee, Fletcher, Flood, Gramett, Oil more, Gillespie, Glass, B. T. Gordon, W. Gordon, R. L. €k>rdon, Green, Grettory, Gwyn» Hamilton, Hancock, 1 Hatton, Hooker, Habard, Inj^ram, Clapgett B. Jones, G. W. Jones, E Kendall, Lincoln, Lindsay, Lovell, Marshall, Mcliwaine, Meredith, Moncure, R. Walton Moore, Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Pc Qaarles, Richmond. Rives, Smith, Stebbine, Stuart, Pummers, Tarry, Thornton, Vincent, Waddill, Walker, Walter, Watson, Weecott, Willie, ^ Wysor, Yancey, and Mr. President— 82. The journal of yesterday *s proceedings was read an proved. Messrs. Quarles and Barbour presented petitions froii zens of Staunton and the Piedmont Convocation at Haym; respectively, relating to licensing the sale of intoxicating lie which were referred to the Committee on Preamble and I Bights. Leave of absence was granted the following members : Mr. HuNTON, one day (to-day) , on motion of Mr. Stuai Mr. Moore, of Montgomery, one day, on motion oi Blair. Mr. Withers proposed the following resolution and ask immediate consideration, which was agreed to : ''Resolved, That 300 copies each of ordinances Nos. 24 252, known as the Virginia Corporation Commission Bill the Employers' Liability Bill, respectively, be printed f< use of the members of this body.** — and on his motion it was adopted. Mr. Ayers, from the Committee on Public Institution Prisons, made a report, which was ordered to lie on the and be printed. On motion of Mr. McIlwaike the Convention resolved into a committee of the whole upon the report of the Coi tee on Education and Public Instruction, Mr. Parks ii chair. After some time passed in the committee of the who] President resumed the chair, and Mr. Parks reported the committee had risen without coming to any conclusion the matter referred to them. On motion of Mr. Marshall the Convention adjourned, 1 Digitized by VjOO§1C_ tKAL OF THB OONBTITUTIOKAL OONVBNTIOK. 249 TURDAY, NOVEMBER 23, 1901. ion assembled at 10 o'clock A. M. Prayer by NAWAY, D. D., of the Baptist church, le Convention was called and the following mem- jnt and answered to their names : I. Anderson, W. A. Anderson, Ay era, Manly H. Barnes, Boaz, Brietow, Brooke, Brown, P. W. Campbell, Carter, Criemond, , Egfifleston, Epes, Flood, Garnett, Gilmore, Gilleepie, James Jordon. Green, Gregory, Gwyn, Hancock, Hardy, Hooker, /laggettB. Jones, Keezell. Kendall, Lincoln, Lindsay, Lovell, ne, Meredith, Miller, Moneure, O'FlHherty, Orr, Pedigo, ortlook, Richmond, Rives, Stebbins, Ftnart, Sammerfj, Tarry, , Walker, Walter, Watson. Wescott, Willis, Wise, Withers, d Mr. President— 66, of yesterday's proceedings was read and ap- Lis, Walter, Barnes, of New Kent, and Qoode, tions from citizens of Elizabeth City, Spotsyl-. nt, and of the Norfolk Convocation of Protestant ch, respectively, relating to licensing the sale of juors, which were referred to the Committee on Bill of Rights. . presented resolution adopted by the Teacher's Rockingham county, touching the public school 5tate, which was referred to the Committee on Public Instruction. was granted three days' leave of absence, on Crismond. of Richmond, moved that when the Conven- )-day, it adjourn to meet at 12 o'clock M., on ■ Mr. McIlwaine, the Convention resolved itself 3e of the whole, upon the report of the Com- ation and Public Instruction, Mr. Flood in the me passed in the committee of the whole, the imed the chair and Mr. Flood reported that the risen without coming to any conclusion upon rred to them. . presented a petition from the Junior Order of lanics, which was referred to the Committee on Department. ence was granted the following : of Pittsyjyania, five days, on motion of Mr. r I Digitized by G^ 250 JOUBNAL OF THE OONSTITUTIOKAL OONVENnOlT. Mr. Rives, two days, on motion of Mr. Thornton. Mr. Pettit, two days, on motion of Mr. Flood, The second doorkeeper, two days, on motion of Mr. J of King and Queen, On motion of Mr. Ayers the Convention adjourned. MONDAY, NOVEMBER 25, 1901. The Convention assembled at 12 o'clock M. Pray Rev. Dr. Richard McIlwaine, of the Presbyterian churc The roll of the Convention was called, and the foil members were present and answered to their names : MesBTS. Geor^ K. Anderaon, W. A. Anderson, Ayere, Manly H. Barne Boaz, Bolen, Boaldin, Braxton, Brooke, Brown, CaoQeron, P. W. Ga Garter, Danaway, Earman, Epes, Flood, Garnett, Gil more, Gilleepie, Ja Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hancock, Hardy, Hubar. ton, Inirram, Clag^ett B. JoneB, Keezell, Kendal i. Lincoln, Lovell, Mel Meredith, Miller, Moncore, R. Walton Moore, O'Flaherty, Orr, Ptdigo. 1 Pollard, Richmond, Robertson, Stebbine, Summers, Tarrv, Thorn, Th Turnbull. Waddill, Walker, Walter, Watson, Wescott, Willis. Wise, V Wyeor, Yancey, and Mr. President— 62. The journal of Saturday's proceedings was read ai proved. Mr. Brooks presented petitions from citizens of Norfol relating to licensing the sale of intoxicating liquors, whicl referred to the Committee on Preamble and Bill of Right Leave of absence was granted the following members : Mr. Hooker, three days, on motion of Mr. Campbb Washington. Mr. QuARLBS, two days, on motion of Mr. Garnett. On motion of Mr. McIlwaine the Convention resolvec into a committee of the whole upon the report of the Co tee on Education and Public Instruction, Mr. Flood i chair. After some time passed in the committee of the who President resumed the chair, and Mr. Flood reported th committee of the whole had had under consideration the of the Committee on Education and Public Instructio; had risen without coming to any conclusion, and recon to the Convention that section 2 be recommended to th€ mittee on Education and Public Instruction for furthe sideration, which report was as^reed to. On motion of Mr. Garnett the Convention adjourned I Digitized by Google lL OY THI OONBTITUTIONAL OONYXNTION. 261 SSDAY, NOVEMBER 26, 1901. a assembled at 10 o'clock A. M. Prayer by ge, D. D. of the Protestant Episcopal church. Convention was called and the following mom- and answered to their names : .nderaon, W. A. Anderson, Ayen, Barboar, Barham, Manly E, Bolen, Bonldin, Braxton, Brooke, Brown, (Cameron. P. Chapman, Cobb, Davis, Danaway, Earman, Epee, Fairfax, ett, (iilmore, Gillespie, Glass, James W. Gordon, R. L. Gor- Gwym Hamilton, Hancock, Hardy, Harrison, Habard, ezell, Kendall, Lincoln, Lindsay, Lovell, Marshall, Mcll- ler, Moncure, R. Walton Moore, 0' Flaherty, Orr, Pedigo, lock, Richmond, Robertson, Smith. Stebbins, Stuart, Sum- Thornton, Tumbull, Waddill, Walker, Walter, Watson, > Woodhoose, Wysor, Yancey, and Mr. President— 79. yesterday's proceeding was read and approved. 30N and Brooke presented petitions from citi- county, and the city of Norfolk, respectively, ng the sale of intoxicating liquors, which were )mmittee on Preamble and Bill of Rights, ce was granted the following members : , of Rockbridge, four days, on motion of Mr. of Nelson, two days, beginning yesterday, on [)az. two days, on motion of Mr. Lovell. two days, on motion of Mr. Gordon, of Rich- two days, on motion of Mr. Green. me week, beginning Friday, on motion of Mr. posed the following resolution : Eit the employees of the Convention, except y contract, shall receive their per diem for the le last recess of the Convention, the secretary of the Convention be, and he is, 1 to issue certificates to the employees in ac- 9 above resolution." motion of Mr. Boaz, referred to the Commit- md Expenditures. PY proposed the following : at when the Convention adjourn on Wednes- ) meet at 12 o'clock on Friday.'* ved to amend by striking out the word '* Fri- the word " Monday." Digitized by Gol 252 JOUBNAL OP THB OONSTirtTTIONAL CONVKNTIOir. — which was rejected — ayes, 12 ; noes, 60 ; and on mot Barbour the vote was recorded as follows : Ayes— Messni. Ayen, Bolen, Flood, Garnett, Gilleepie, Meredii Stuart, Walker, Weecott, Wiilia, and Wysor— 12. Noes — Messrs. George E. Anderson, W. A. Anderson, Barbour, Ba H. Barnes, Blair, Boaz, Bouldin, Brooke, Brown, Cameron, P. "^ Carter, Cbapn\an, Cobb, Davis, Dun a way. Barman, Epes, Fairfax, Gi James W. Gordon, B. L. Gordon, Green, Gregory, Gwyn, H ami It Hardy, Hunton, Ingpram, Eeezell, Kendall, Lindsay, Lovell, Marshal Miller, Moncure, B. Walton Moore, O^Flaherty, Orr, Pedigo, Pin Richmond, Robertson, Stebbins. Summers, Tarry, Thornton, Turn I Walter, Watson, Wise, Woodhouee, Yancey, and Mr. President — 6C The vote was then taken on the resolution and it \ to— ayes, 38 ; noes, 34 ; and on motion of Mr. Barbot was recorded as follows : Atbs— Messrs. George K. Anderson, W. A. Anderson, Barhan Barnes, Blair, Bouldin, Brooke, Brown, Cameron, P. W. Campbe Cobb, Davis, Earman, Fairfax, Flood, Gilmore, Glaps. Gregory, C ton, Hunton, Keezell, Kendall, Meredith, Miller, R. Walton Moore Orr, Pedifi^, Richmond, Robertson, Stebbins, Summers, Waddill, "^ and Mr. President— 38. Noes — Messrs. Ay era, Barbour, Boaz, Bolen, Carter, Dunaway, E] Gramett, Gillespie, James W. Gordon, R. L. Gordon, Green, Hanco Lindsay, Lovell, Marshall, Mcllwaine, Moncure, Phillips, Polla Stuart, Tarry, Thornton, Turnbull, Walker, Walter, Watson, Willie Wysor, and Yancey— 34. The secretary laid the following communication Convention which, on motion of Mr. Ayers, was w companying papers, ordered to be printed as Docume Richmond, Nov. 25, To the Convention: Under resolution of the Convention, I have cor with the clerks of the several county, circuit and c courts to obtain from them statements showing cos in civil cases in their respective courts, and all other court expenses paid out of county and city levy, fo year ending September 30, 1900. I have received the desired information from all oi in the State, with the exception of the county clei enson. The information thus received has been tabulat herewith transmitted. Very respectfully, J. W. BUT! S< Digitized by Google OP THB CONSTITUTIONAL CONVENTION. 253 posed the following resolution which was he Secretary of the Convention be directed treasurer of every county, city and town in ;nt showing the amount of local revenue de- wing sources : m liquor licenses, m licenses other than liquor. )n bank stock. )n capital invested in business. »n railroads. >n street railways. >n real and personal property, exclusive of ns 5 and 6. I counties shall report separately the above towns, in their respective counties, not hav- rs for the collection of the said revenues. '. Ayers the Convention resolved itself into whole upon the report of the Conamittee on and Prisons, Mr. Barbouk in the chair. passed in the committee of the whole, the d the chair and Mr. Barbour reported that risen without coming to any conclusion upon to them. •. Meredith the Convention adjourned. 5SDAY, NOVEMBER 27, 1901. assembled at 10 o'clock A. M. Prayer by McIlwaine, of the Presbyterian church. Convention was called, and the following ent and answered to their names : lerson.W. A, Anderson* Ayers, Barbour, Barham, Manly Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, Brooke, nee J. Campbell. P. W. Campbell, Carter, Chapman, nn, Ejjgleaton, Epea, Fairfax, Fletcher, Flood, Gil more, V, Gordon, R. L. Gordon, Green. Gregory, Gwyn, Hamil- larrison, Hubard, Hun ton, Ingram, Claggett B. Jones, daay, Lovell, Marshall, McIlwaine Mered'th, Miller, Moore. 0*Flaherty, Orr, Pedigo, Phillips, Pollard, Port- nd, Robertson, Stebbins, Summers, Thorn, Thornton, ddill, Walker, Walter, Wataon, Wescott, Willie, Wise, icey, and Mr. President — 79. yesterday's proceedings was read and ap- r I Digitized by Gool 254 JOtlBKAL GW THB OOKtriTlUTlONAL CONTBNTIOH'. 'M Messrs. Willis, Hardy, Brooke, and Thom presents tions from citizens of Elizabeth City and Lunenburg cc and the city of Norfolk, respectively, relating to licens sale of intoxicating liquors, which were referred to th mittee on Preamble and Bill of Rights. Mr. Hancock presented a petition from the Junior United American Mechanics, protesting against the api tion of public moneys to sectarian institutions, which ferred to the Committee on the Legislative Department. Mr. MoNCURE proposed resolution No. 273, relating suflFrage question, which was ordered to lie on the table printed. Leave of absence was granted the following members Mr. Pedigo, one day (Friday) , on motion of Mr. Wai Mr. Gillespie, three days, beginning Friday, on m< Mr. Summers. Mr. Davis, one day (Friday), on motion of Mr. Phil] Mr. Tarry, three days, on motion of Mr. Turnbull. Mr. Moore, of Montgomery, four days additional, on of Mr. Gillespie. Mr. Earman, three days, beginning Friday, on mc Mr. 0' Flaherty. On motion of Mr. Ayers, the Convention resolved itsi a committee of the whole upon the report of the Comm Public Institutions and Prisons, Mr. Barbour in the ct Alter some time passed in the committee of the wh President resumed the chair, and Mr. Barbour reporl the committee had risen without coming to any conclusii the matter referred to them. The hour of two having arrived, the President anr the Convention adjourned until Friday at 12 o'clock M. FRIDAY, NOVEMBER 29, 1901. The Convention assembled at 12 o'clock M. Prayer 1 Dr. Richard McIlwaine, of the Presbyterian church. The roll of the Convention was called, and the fo members were present and answered to their names : Messrs. Greorge K. Anderson, Ayers, Barbour, Barham, Manly B Thomas H. Barnes. Blair, Boaz, Bolen, Boaldin, Braxton, Brooke Cameron, Clarence J. Campbell, Carter, Chapman, Cobb, Cri«mond, 1 Eggleston, Epes, Fairfax, Flood, Gilmore, B. T. Gordon, James W R. L. Gordon, Grej?ory, Gwyn, Hamilton, Hancock, Harrison, Hatton Habard, Ronton, Ingram, Claggett B. Jones, landeay, LoYeli, Mcllwai Digitized by VjQQglC L OY THB OOKSrmniOKAL OOKVEimOK. 255 n Moore, 0' Flaherty, Orr, Parks, Pbillipe, Pollard, Port- id, Rivefl, Robertson, Sammers, Thorn, Thornton, Tamboll, ter, Withers, Wysor, and Mr. President— 65. Wednesday'8 proceedings was read and ap- Eind Thom presented petitions from citizens of and Norfolk city, respectively, relating to of intoxicating liquors, which were referred on Preamble and Bill of Rights. 3nted a resolution from the Board of Trade and ssociation of Norfolk, protesting against the resolution, which was referred to the Com- )le and Bill of Rights. ind Ingram presented petitions from the Junior aerican Mechanics, protesting against the ap- iblic moneys to sectarian institutions, which le Committee on the Legislative Department, ce was granted the following members : o days, on motion of Mr. Dunaway. hree days, on motion of Mr. Lovell. , two days, on motion of Mr. Rives. two days, on motion of Mr. Walker. three days, beginning to-day, on motion of ^o days, beginning to-day, on motion of Mr. , of Washington, two days, beginning to-day. Hooker. ^r. HuNTON the Convention resolved itself into he whole upon the report of the Committee on 'lood in the chair. Qe passed in the committee of the whole the led the chair and Mr. Flood reported that the risen without coming to any conclusion upon ed to them. Mr. Harrison the Convention adjourned. ^URDAY, NOVEMBER 30, 1901. m assembled at 10 o'clock A. M. Prayer by Dunaway, of the Baptist church. le Convention was called, and the following resent and answered to their names : Digitized by ' r 256 JOUBNAL OF THB 00N8TITUTI0NAL CONVENTION. Meain. Qeorse K. Anderson, Ayers, Barbour, Manly H. Barnes, The Barnes, Blair, Boaz, Bonldin, Braxton, Brooke, Brown, Cameron, Carte maa, Crisxond, Diavip, Danaway, Eggleston, Ept^s, Garnett, Gilmore B. T. Gordon, James W. Gordon, E. L. Gordon, Gregory, Gwyn, Uamiltc cock, Harrison, Hatton, Hooker, Habard, Hunton, Ingrain, Claggett I Lovell, Marshall, Mcllwaine, Meredith, Miller, R. Walton Moore, 0*F Orr, Parks, Pedigo, Phillips, Pollard, Portlock , Quarles, Rivee, Robertsc mors, Tnom. 'rarnbull, Waddill, Walker, Walter. Watson. Wise, ^ Wysor, and Mr. President— 63. The journal of yesterday's proceedings was read ai proved. Mr. Withers proposed the following resolution, and its immediate consideration, which was agreed to. '* Resolved, That the special committee appointed to with a committee from the House of Delegates, relative joint use of the hall of the House of Delegates by that bo< this Convention during such time as both bodies may be sion, be further empowered, should such joint use of sa be found impracticable or inconvenient, to investigate i port as early as may be, what ball or halls suitable for st of this body may be in Richmond, Staunton, Charlottesv: Norfolk, and upon what terms and conditions such hall o may be had and the respective costs thereof." — and on his motion, it was adopted. Mr. Parks proposed resolution No. 274, relating to su which was ordered to lie on the table and be printed. Leave of absence was granted the following members : Mr. Gordon, of Louisa, two days, beginning Monday, tion of Mr. Carter. Mr. Wysor, two days. Mr. Watson, one day, on motion of Mr. Harrison. Mr. Stebbins, three days, on motion of Mr. Bouldin, On motion of Mr. Hunton, the Convention resolved into a committee of the whole upon the report of the mittee on Judiciary, Mr. Boaz in the chair. After some time passed in the committee of the who President resumed the chair, and Mr. Boaz reported tl committee had risen without coming to any conclusioi the matter referred to them. Mr. Braxton proposed the following resolution, whic agreed to : '* Resolved, That when the Convention adjourn tOKl adjourn to meet at 12 o'clock Monday.'' On motion of Mr. Hatton, the Convention adjourned. Digitized by Google Ai OF THB OONSTITtmONAL OOmrXNTIOV. 257 ONDAY, DECEMBER 2, 1901. )ii assembled at 12 o'clock M. Prayer by Rev. mson, of the Christian church, tie Convention was called, and the following resent and answered to their names : Andereon, Barboar, TbomaB H. BameB. Blair, Boaz, Bolen, istow, Brooke, Brown, P. W. Campbell, CSarter, Chapman, Epes, Garnett, Gilmore, Glaflfl, d. T. Gk>rdon, James W. ryn, Hamilton, Hancock, Harrison, Hatton, Hooker, Hab- L, G. W. Jones, Kendall, Lindsay, Marshall, Mcllwaine, Mer- Ell ton Moore, Thomas L. Moore, C Flaherty, Orr, Pedigo, rd, Portlock, Quarles, Richmond. Rives, Robertson, Smith, iraball, Waddill, Walker, Walter, Wesoott, Willis, Withers, 3. of Saturday's proceedings was read and ap- N presented a petition from citizens of Roanoke to licensing the sale of intoxicating liquors, red to the Committee on Preamble and Bill of Mr. HuNTON, the Convention resolved itself > of the whole upon the report of the Committee r. BoAZ in the chair. ae passed in the committee of the whole, the ned the chair, and Mr. Boaz reported that the isen without coming to any conclusion upon red to them. Mr. Barbour, the Convention adjourned. JESDAY, DECEMBER 3, 1901. on assembled at 10 o'clock A. M. Prayer by rravatt, of the Episcopal church, he Convention was called and the following ►resent and answered to their names : Anderson, Barbour, Manly H. Barnes, Thomas H. Barnes, , Braxton, Bristow, Brooke, Brown, Cameron, P. W. Camp- an, Cobb, Crismond, Dunaway. Eggleston, £!pes, Fairfax, ilmore, B. T. Gordon, James W. Cordon, Green, Gregory, ancock, Hardy, Harrison, Hatton, Hooker, Habard, Hanton, }, Keezell, Kendall, Lawson, Lindsay, Marshall, McIUwaine, . Walton Moore, Thomas L. Moore, Mondy, O'Flaherty, Digitized by Gooi 268i JOUBNAL OF THB OON8TITX7TIONAL COirraNTION. Orr, Pedigo, Pettit, PhilliM, Pollard, Portlock, Quarles, Richmond, Riv< Sammera, Tarry, Thorn. Tambull, Vincent, Waddill, Walker, Watson, Willia, Wise, Withers, Woodhooae, and Mr. President— 75. The journal of yesterday's proceedings was read a proved. Mr. JoNBS, of Pittsylvania, by request, proposed res No. 275, relating to creating a bonded indebtedness in c towns having a population of less than two thousand tants, which was referred to the Committee on Orgai and Government of Counties. Mr. Wescott presented a petition from the Junio United American Mechanics, protesting against the ap| tion of public moneys to sectarian institutions, which ferred to the Committre on the Legislative Department. Leave of absence was granted Mr. Aykrs for one w< ginning yesterday, on motion of Mr. Meredith. Mr. TuRNBULL proposed the following resolution, wh agreed to. ** Resolved, That when the Convention adjourns to adjourn to meet at 3 o'clock P. M. to-morrow.'' On motion of Mr. Hunton the Convention resolve into a committee of the whole, upon the report of th mittee on " Judiciary," Mr. Boaz in the chair. After some time passed in the committee of the wh President resumed the chair, and Mr. Boaz reported t committee had risen without coming to any conclusic the matter referred to them. On motion of Mr. Barbour the Convention adjournec WEDNESDAY, DECEMBER 4, 1901. The Convention assembled at 3 o'clock P. M. Pr Rev. Dr. Richard McIlwaine, of the Presbyterian chi The roll of the Convention was called and the followin bers were present and answered to their names : Messrs. Qeorge K. Anderson, Barbour, Barham, Manly H. Barnes, Bli Bolen, Bonldin, Braxton, Bristow, Brooke, Brown, Cameron, Clarence bell, P. W Campbell, Carter, Chapman, Cobb, Ciistnond, Davie, I Eggleston, Epes, Fairfax, Fletcher, Gamett, Gilmore, Gilleepie, B. T James W. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hard son, Hatton, Hooker, Habard, Hunton, Ingram, Claegett B. Jones, G. ) Keezell, Kendall, Lawson, Lindsay, Marshall. Mclllwaine, Meredith, ] Walton Moore, Thomas L. Moore, Mundy, 0' Flaherty, Orr, Parke, Pettit Pollard, Portlock, Quarles, Richmond. Rives, Summers, Tarry, Thom,' Vincftut, Waddill, Walker, Walter, Watson, Wescott, Willis, Wise, Woodhoose, and Mr. Pre8ident--80. Digitized by Google HB OOKSTITtjnONAL OOKVXNTION; 259 erday's proceedings was read and ap- committee appointed to confer with a L part of the House of Delegrtes, with the hall of the House of Delegates, re- nmittees recommend to their respective ention should have the use of this hall ock P. M., and at night as often as the apation and use of the Greneral Assembly. .e report was adopted. IS granted Mr. Pedigo, four days, on luNTON the Convention resolved itself 3 whole, upon the report of the Commit- r. BoAz in the chair. ;ed ill the committee of the whole, the 3 chair and Mr. Boaz reported that the vithout coming to any conclusion upon ihem. s granted Mr. Hancock for one day, on UNAWAY the Convention adjourned. AY, DECEMBER 5, 1901. embled at 10 o'clock A. M. Prayer by AY, of the Baptist church. ivention was called and the following and answered to their names. D, Barbour, Barfaam, Manly H. Barnes, Thomas H, Bouldin, Braxton, Bristow, Brooke, Brown. Game- ;er, Chapman, Cobb, Crismond. Davis, Danaway, cher. Flood, Garnett, Gillespie, Glass, B. T. Gordon, ordon, Green, Gregory, Gwyn, Hardy, Harrison, lunton,^ Ingrain, Claffgett B. Jones, G. W. Jones, l.ind8ay, Marshall, Mcllwaine, Meredith, Miller, L. Moore, Mandy, O'Flaherty, Orr, Parks, Pettit, Kuarles. Richmond, Rives, Sammers, Tarry, Thorn- iker, Walter, Wescott, Willis, Wise, Withers, Wood- ident— 79. ierday's proceedings was read and ap- Waddill presented petitions from citi- Henrico counties, relating to licensing 260 JOtTBKAL OY THB OOK8TITX7TIOKAL OOKVBKTtOK. the sale of intoxicating liquors, which were referred t Committee on Preamble and Bill of Rights. Mr. Thornton presented a petition from citizens of I William county protesting against the abolition of a 30urts, etc., which was ordered to lie on the table. Leave of absence was granted Mr, Gtlmorb for three beginning to-day, on motion of Mr. Parks. On motion of Mr. Hunton the Convention resolved into a committee of the whole upon the report of the Coi tee on Judiciary, Mr. Boaz in the chair. After some time passed in the committee of the whoL President resumed the chair and Mr. Boaz reported thj committee had risen without coming to any conclusion the matter referred to them. Mr. Ingram presented the following certificate of elect: Otway S. Allen as a member of this Convention. State of Virginia, ? 4.^ ^4* City of Richmond S ' I, Walter Christian, clerk of the hustings court of th of Richmond, and as such ex-officio clerk of the Board of missioners of Election in said city, do hereby certify tl election was held on the 3rd day of December, 1901, f< said city, pursuant to law, and that Otway S. Allen havii ceived the highest number of votes cast at said election f< office of Delegate to the Constitutional Convention froi city of Richmond. Therefore, I, Walter Christian, clerk as aforesaid, do c that the said Otway S. Allen was declared duly elected t office according to law. Given under my hand this 5th day of December, 1901. WALTER CHRISTIAN, Cle The President declared Mr. Allen a member of the Co tion and ordered his certificate to be filed. On motion of Mr. Crismond the Convention adjourned. Digitized by VjOOQ IC )nBNAL OY THB OOKSTITUTIOKAL OOKVXMTIOV. 261 FRIDAY, DECEMBER 6, 1901. Bntion assembled at 10 o'clock A. M. Prayer by :;hard McIlwainb, of the Presbyterian church. f the Convention was called and the following mem- esent and answered to their names : , George K. Andenon, W. A. Andenon, Barbour, Barham, 68, Thomas H. Bamee, Boaz, Bolen, Boaldin, Braxton, Bristow, Cameron, Clarence J.Campbell, P. W. Campbell* Carter, Cbap- ismond, Davis, Dana way, Eannan, Eggleston, Epes, Fairlkx, tt, Gillespie, Glass, B. T. Gordon, James W. Gordon, B. L. Gregory, Gwyn, Hancock, Hardy. Harrison, Hatton, Hooker, D, Insram. Claggett B. Jones, G. W. Jones, Eeesell, Kendall, kv, LoTeli, Marshall, Mcllwaine, Meredith, Miller, R. Walton L. Moore, Mand^, O'Flaherty, Orr, Parks, Pettit, Phillips, Pollard, )S, Richmond, Rives, Smith, Sammers, Tarry, Thornton, Tamboll, )r, Walter, Watson, Wesoott, Willis, Wise, Withers, Woodhonse, . President— 85. lal of yesterday's proceedings was read and ap- [ancock and Willis presented petitions from the ict Baptist Association of Virginia, and citizens of ty county, relating to licensing the sale of in toxi- cs, which was referred to the Committee on Pream- of Rights. L of Mr. HuNTON the Convention resolved itself into of the whole upon the report of the Committee on [r. BoAZ in the chair. le time passed in the committee of the whole the esumed the chair and Mr. Boaz reported that the lad risen without coming to any conclusion upon Bf erred to them ; and, furthermore, instructed him the Convention sections 5 and 10 of the report of lee on the Judiciary, with the recommendation that sections be recommitted to the committee of the be made a special order in the committee of the Bdnesday next. I agreed to. a of Mr. Campbell, of Amherst, the Convention Digitized by Googn * 262 JOUBNAL OF THB OONBTITUTIONAL CONVENTION. SATURDAY, DECEMBER 7, 1901. The Convention assembled at 10 o'clock A. M. Pra; Rev. Dr. W. F. Dunaway, of the Baptist church. The roll of the Convention was called, and the foil members were present and answered to their names : Meesn. Allen, QeoTse K. Anderson, W. A. Anderson, Barbour, BarbatD H.Barnes, Thomas H. Barnee,Blair,Boaz, Helen, Bouldin, Braxton, Briatow, Brown, Cameron, P. W. l/ampbell. Carter, Chapman, Crismond, Davie, Di Barman, Eggleston, Epes, Gillespie, Glass, B. T. Gordon, James W. Gordc Gordon, Green, Gregory, Gwyn, Hanoock, Hardy, Harrison, Hatton, Hanton, Ingram, Clatrgett B. Jones. G. W. Jones, Keezell, Kendall, ] Lovell, Marshall, Mcllwaine, Meredith, Miller, K. Walton Moore, Th Moore, Mandy, 0* Flaherty, Orr, Parks, Pettit, Phillips, Pollard, F Qaarlee, Richmond, Smith, Sammers, Tarry, Thorn, Thornton, Ti Waddill, Walker, Walter, Watson, Wescott. Willis, Wise, Withers, Woe Wysor, and Mr. President— 79. The journal of yesterday's proceedings was read ai proved. Mr. Meredith presented a petition from citizens of mond, relating to licensing the sale of intoxicating li which was referred to the Committee on Preamble and Rights. Mr. Thom presented a petition signed by the members Wholesale Tobacconists Association, of Tidewater, Vii urging the passage of an ordinance to create a corporatioi mission, which was referred to the Committee on Corporj Leave of absence was granted the following members : Mr. Anderson, of Alleghany, three days, on motion i Meredith. Mr. Barbour, three days, on motion of Mr. Crismond Mr. O'Flaherty proposed the following resolution was agreed to : Resolved, That when the Convention adjourn to-c adjourn to meet Monday at 12 o'clock. Mr. TuRNBULL proposed the following resolution whi< agreed to : Resolved, That a committee of five members be app by the President, of whom the President shall be cha: to confer with a similar committee that has been appoin the General Assembly to consider the question of the ac ment of the General Assembly and the reconvening of th after the adoption of the Constitution to be framed by this On motion of Mr. Hunton the Convention resolved into a committee of the whole, upon the report of the Cc tee on Judiciary, Mr. Boaz in the chair. After some time passed in the committee of the who Digitized by Goog THB CONSTITXrriONAL OOMTBMTIOV. 268 he chair, and Mr. Boaz reported that the ivithout coming to any conclusion upon them. lounced the following members of the ike committee from the General Assembly Btion of adjournment of the Oeneral MooRE, of Fairfax, Braxton, Wysor RiSMOND the Convention adjourned. .Y, DECEMBER 9, 1901. sembled at 12 o'clock M. Prayer by D. , of the Protestant Episcopal church. ention was called and the following mom- answered to their names : 3r8on, Manly H. Barnes, Thomas H. Barnes, Blair, [ton, Brooke. Brown, Clarence J. Campbell, P. W. , Crismond, Davis, Dunaway, Earman, £pe8, B. T. R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hat ton, Hooker, Hunton, Ingram, Claggett B. Jones, n, Lindsay, Lovell, Marshall, Mcllwaine, Meredith, 'homas L. Moore, Mandy, O'Flaherty, Orr, Parks, tlock, Quarlee, Kiehmond, Robertson, Stuart, 8om- ton, Turnbull, Waddill, Walker, Walter, Watson, i Mr. President— 71. iurday's proceedings was read and ap- s granted the following members : days, on motion of Mr. Davis. lay, on motion of Mr. Ingram. days, on motion of Mr. Moorb, of Fair- d a petition from the members of the d Tobacconists' Association of Norfolk, ssage of an ordinance to create a corpo- aich was referred to the Committee on ited a petition from the Middle District )rotesting against the appropriation of irian institutions, which was referred to Legislative Department. Digitizel 264 JOtTBKAL OY THB OONSnTUTIONAL COKYENTIOK. Mr. DuNAWAY proposed the following amendment to rules : Resolved, That until otherwise ordered, speeches both ii Convention and in the committee of the whole shall be lin to thirty minutes. — ^which was ordered to lie on the table and be printed. Mr. Anderson, of Rockbridge, proposed the following i tion to the rules as an independent section : 37a. The pending question, or the previous question, mi ordered in the committee of the whole in the same manner with like eflfect as when the Convention is sitting in ordi session. — ;which was ordered to lie on the table and be printed. On motion of Mr. Brown the amendment to the rule proposed by Messrs. Dunaway and Anderson, of Rockbr was set as a special order for Thursday at 10.30 o'clock A. : On motion of Mr. Hunton, the Convention resolved : into a committee of the whole upon the report of the Comm on Judiciary, Mr. Boaz in the chair. After some time passed in the committee of the whol President resumed the chair, and Mr. Boaz reported tha committee had risen without coming to any conclusion the matter referred to them. Mr. Meredith proposed the following resolution and f its immediate consideration, which was agreed to : Resolved, That the President of the Convention be au ized to place the recently elected member from Richmond Otway S. Allen, on any two of the standing committees, v^ the President may select. — and on his motion the resolution was adopted. The President than announced the appointment of Allen on the Committee on the Organization and Govern of Cities and Towns, and Agricultural, Manufacturing an dustrial Interest, and Immigration. On motion of Mr. Braxton the Convention adjourned. TUESDAY, DECEMBER 10, 1901. The Convention assembled at 10 o'clock A. M. Pray Rev. Dr. J. B. Hawthorne, of the Baptist church. The roll of the Convention was called and the folio members were present and answered to their names : Messrs. Allen, W. A. Anderson, Manlr H. Barnes, Thomas H. Barnes, BolWy go^ldin, Braxton, Bristow, Brooke, Brown, Cameron, Clarence J, I Digitized by Google rAL OF THl OOKSIITUnOKAL OOKTIXmOK. aes 1, Oarter, CSobb, Oriaipond, Davii, Dnnawftj, EannaD, Epes, jamett, Gilmore, B. T. Gordon. Jamee W. Gordon, R. L. Kory, Gwyn, Hamilton, Hardy, HarriBon, Hatton, Hooker, laggett B. Jones, G. W. Jones, Keeiell, Kendall, Lawaon, [iovell, Marshall, McHwaine, Meredith, Miller, B. Walton Flaherty, Orr, Parks, Pettit, Phillips, Pollard, Portlock, Rives, Robertson, Smith, Stebbins, Stoart, Summers, T^rry, imbull, Vincent, Waddill, Walker, Walter, WesooU, Wise, ), Yancey, and Mr. President— :81. •f yesterday's proceedings was read and ap- ve of absence was granted Mr. Moncure, on rURNBULL. Mr. HuNTON, the Convention resolved itself B of the whole, upon the report of the Com- idiciary, Mr. Boaz in the chair, me passed in the committee of the whole the med the chair, and Mr. Boaz reported that the isen without coming to any conclusion upon red to them. I Mr. Campbell, of Amherst, the Convention )NESDAY, DECEMBER 11, 1901. on assembled at 10 o'clock A. M., Mr. Walker rayer by Rev. G. 0. Meade, of the Protestant h. 3 Convention was called and the following mem- it and answered to their names : A. Anderson, Ayers, Barkam, Manly H. Barnes, Thomas H. n, Bonldin, Braxton, Bristow, Brooke, Brown, Cameron, [, P. W. Campbell, Carter, Cobb, Crismond, Davis, I>anawa}% ax, Fletcher, Gamett, Gil more. Glass, B. T, Gordon, James ordon. Green, Gre^rory, Gwvn, Hamilton, Hancock, Hardy, looker, Habard, Hanton, loiirram, Claggett B. Jones, G. W. lall, Lawson, Lincoln, Lindsair, Lovell, Marshall, Mcllwaine, i. Walton Moore, Mondy, O'Flaherty, Orr, Parks, Pettit, rtlock, Qoarles, Richmond, Rives, Robertson, Smith, Steb- srs, Tany, Thorn, Thornton, Tumboll, Waddill, Walker, Willis, Wise, Withers, Woodhonee, Yancey, and Mr. of yesterday's proceedings was read and ap- of Nansemond, presented a petition from the I Christian Conference, relating to licensing the Digitized by ' 266 JOUBKAL OF THB OONSTITtTTIONAL CONVENTIOH. sale of intoxicating liquors, which was referred to tt mittee on Preamble and Bill of Rights. Leave of absence was granted Mr. Watson for two di ginning yesterday, on motion of Mr. Hancock. On motion of Mr. Hunton the Convention resolve into a committee of the whole, upon the report of the C tee on the Judiciary, Mr. Boaz in the chair. After some time passed in the Committee of the wl President resumed the chair, and Mr. Boaz reported t committee had risen without coming to any conclusio the matter referred to them. The proposed amendments to the rules, by Messrs. Dt and Anderson, of Rockbridge, was read. The hour of two o'clock having arrived, the Presid] nounced the Convention adjourned until to-morrow at 1 THURSDAY, DECEMBER 12, 1901. The Convention assembled at 10 o'clock A. M. Pr Rev. Dr. Richard McIlwaine, of the Presbyterian chu The roll of the Convention was called, and the fo members were present and answered to their names : Messra. Allen, George K. Anderson, W. A. Anderson, Barbour, Barhan H. Barnes, Blair, Boaz, Bouldin, Braxton, Brsiow, Brooke, Brown, Clarence J. Campbell, Crismond, Davis, Dunaway, Earman, Kgj^lest Fairfax, Fletcher, Gilmore, Glass, B. T. Gordon, James "W. Gordon, B don, Green, Grejjory, Gwyn, Hamilton, Hancock, Hardy, Harrisoi: Habard, Hunton, In^pvm, Claggett B. Jonee, G. W. Jones, Keezell Lawson, Lincoln, Lindsay, Lovell, Marshall, Mcllwame, Meredith ton Moore, Mundy, O' Flaherty, Orr, Parks, Pedigo, Pelt it, Phillips Portlock, Qoarles, Richmond, Robertson, Smith, Stebbins, Stuart, Tarry, Thom, Thornton, Turnbull, Waddill, Walker, Walter, Watw Wise, Withers, Woodhouse, Yancey, and Mr. President— 81. The journal of yesterday's proceedings was read proved. Leave of absence was granted the following members Mr. BoLEN, five days, on motion of Mr. Mundy. Mr. Miller, five days, on motion of Mr. Blair. The amendments to the rules, as proposed by Messrs WAY and Anderson, of Rockbridge, being the special o the day, were taken up, and the question was put on the ment proposed by Mr. Dunaway, and it was rejectee 27 ; noes, 45. — and on motion of Mr. Dunaway the vote was reo follows : Digitized by VjOOQIC^ AL OF THB OOKirnTUTlONAL OONVJUITiON. 267 a, George EL Andenon, W. A. Anderaon, Barham, Thomas anaway, Earman, Fletcher, R. L. Gordon, Hatton, Hanton, [arsball, Mcllwaine, R. Walton Moore, Orr, Pollard, Rich- , Thornton, Waddill, Wiae, Woodhonae, and Mr. Preei- boar, Boaz, Booldin, Braxton, Briatow, Brooke, Brown, Campbell, Crismond, Epen, Fairfax^ Gilmore, B. T. Gordon, resory, Gwyn, Hamilton, Hancock, nardy, Habard, Ingram, , W. Jones, Eeezell, Kendall, Lovell, Meredith, Mandy, Mliffo, Pettit, Phillips, Qoarles, Robertson, Stebbins, Sam- lU Walker, Walter, Willis, Withers, and Yancey— 46. hen coming up on the amendment proposed by of Rockbridge, Mr. Withers called the pend- 'he pending question being ordered, the amend- td— ayes, 34; noes, 41. Mr. Brown the vote was recorded as follows : A. Anderson, Barbour, Barham, Thomas H. Barnes, smond, Davis, Earman, Fletcher, Glass, B. T. Gordon^ ^rrison, Hatton, Hanton, G. W. Jones, Lawson, Lindsay, R. Walton Moore, Orr, Parks, Pollard, Richmond, Robert- hornton. Withers, Woodhonse, and Mr. President— 34. i;e K. Anderson. Blair, Braxton, Bristow, Brooke, Brown, f Danaway, Egf^leston, Epes, Fairfax, Gilmore, James W. on, Gregory, Gwjn, Hancock, Hardy, Habard, Inj^ram, E^eeasell, Kendall, Lovell. Meredith. Mnndy, O'Flaherty, [W, Stebbins, Sammers, Tarry, Tamball, Waddill, Walker, , and Yancey— 41. pairs were announced : rith Mr. Bouldin ; Mr. Millkr, with Mr. 5d would have voted in the aflSrmative. ., of Amherst, moved to reconsider the vote by Iment to the rules was rejected, ected. posed the following amendment to the rules : It in committee of the whole, there shall be no bion to reconsider, or upon a reconsideration, be suspended by a vote of two-thirds of the lered to lie on the table and be printed. Mr. HuNTON the Convention resolved itself ) of the whole upon the report of the Commit- Mr. BoAZ in the chair. passed in the committee of the whole the med the chair, and Mr. Boaz reported that ad risen without coming to any conclusion upon red to them. Mr. Gordon, of Nelson, the Convention ad- me Digitized by ' 268 JOURNAL OF THB CONSTITUTIONAL CONTENTION. FRIDAY, DECEMBER 13, 1901. The Convention assembled at 10 o'clock A. M. Pi Rev. W. F. DuNAWAY, of the Baptist church. The roll of the Convention was called and the followii bers were present and answered to their names : Meean. Allen, W. A. Anderson, Barbour, Barham, Manly H. Ba: Boaz, Boaldin. Braxton, Bristow, Brooke, Brown, P. W. CanQpl: Davis, Dana way, Earman, Eggleeton, Epee, Fairfax, Garnett. Gil more T. Gordon , James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hancock, Hardy, Hatton. Hooker, Habard, Honton, Ingram, Claggett I W. Jones, Keezell, Kendall, Lawson, Lincohi, Lindsay, Lovell, Mare waine, Meredith. R. Walton Moore, Thomas L. Moore, Mundy, C Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Portlock, Quarlee, Rives, Robertson, Smith, Stebbins, Stoart, Sammers, Tarry, Tboin» Tumbnll, Waddill, Walker, Walter, Watson, Willis, Wise. Withers, Y Mr. President— 80. The journal of yesterday's proceedings was read proved. Mr. TuRNBULL proposed the following resolution ai its immediate consideration, which was agreed : Resolved, That speeches in the committee of the v the further consideration of the report of the Comn Judiciary, with the exception of section 2 of said r limited to twenty minutes. — and on his motion it was adopted. Mr. TuRNBULL made the following report : To the Convention : The select committee appointed to confer with the j< mittee of the Senate and House of Delegates as to tl ability of an adjournment by the General Assembly, 1 to report that they have performed that duty. It was that the matter was one for the General Assembly to pi and consequently no joint action was taken by your c< and the joint committee of the Senate and House of 1 in regard thereto. The joint committee of the Senate and House of ] announced to your committee that they had agreed mend to their respective bodies the adoption of the j resolution : Resolved, by the House of Delegates (the Senate com That when the General Assembly adjourns on Friday, day of December, 1901, it adjourn to meet on Wedne 19th day of February, 1902. Respectfully submitted, JOHN GOC Che Digitized by Google JOK-STlTtmoKAL CONVENTION. m on the table. iTON the Convention resolved itself rhole, upon the report of the Com- iOAZ in the chair. in the committee of the whole, the lair, and Mr. Boaz reported that the 3ut coming to any conclusion upon 1. )re the Convention two communica- of Lynchburg, relating to education, Committee on Education and Public )UR the Convention adjourned. DECEMBER 14, 1901. led at 10 o'clock A. M. Prayer by aNE, of the Presbyterian church. tion was called, and the following . answered to their names : 8on,W. A. Anderson, Barbour, Barham, Manly , Braxton, Brooke, Brown, Cameron, P. W, Dunaway, Earman, Epgleston, Epes, Garnett, lee W. Gordon, R. L. Gordon, Green, Gregory, iy. Hooker, Hubard, Hunton, Ingram, Claggett coin, Lindsay, Lovell, Marshall, Mcllwaine, homaa L. Moore Mundy, O' Flaherty, Orr, Pollard, Portlock, Quarles, Richmond, Rives, mmers, Tarry, Thom, Thornton, Turnbull, »n, Willis, Withers, Woodhouse, Yancey, and ay's proceedings was read and ap- ranted the following members : ania, five days, on motion of Mr. a motion of Mr. Rives. on motion of Mr. Walter. on motion of Mr. Gordon, of Nelson. rules, as proposed by Mr. Thom, was he Committee on Education and Pub- port, which was ordered to lie on the TON, the Convention resolved itself Digitized 270 JOtJBKAL Of TH» OONSTITUTIONAL CONVRKTIOir. into a committee of the whole, upon the report of 1 mittee on Judiciary, Mr. Boaz in the chair. After some time passed in the committee of th Prbsidknt pro tern then took the chair, and Mr. Boaz that the committee had risen without coming to any c< upon the matter referred to them. Mr. Lindsay offered the following resolution, wl agreed to : Resolved, That when the Convention adjourns to-( journ to meet Monday at 12 o'clock M. On motion of Mr. McIlwaine the Convention resol into a committee of the whole, upon the report of the tee on Education and Public Instruction, Mr. Bo-^ chair. After some time passed in the committee of the w President pro ^em resumed the chair,, and Mr. Boaz that the committee had risen without coming to an; sion upon the matter referred to them. Mr. O'Flaherty proposed the following resolution Resolved, That when the Convention adjourns on Fi 20th, it adjourn to meet on Wednesday, January 1 12 o'clock. Pending the consideration of which the Conventio tion of Mr. Barbour, adjourned. MONDAY, DECEMBER 16, 1901. The Convention assembled at 12 o'clock M. Praye Dr. W. B. Beauchamp^ of the Methodist Episcopal ch The roll of the Convention was called and the follow bers were present and answered to their names : MesBTB. Anen, Qeorge K. Anderson, W. A. Anderson, Rarboar, Bamefl, Blair, Boaz, Braxton, Brietow, Brown, Cameron, P. W. Cam Danaway, Earman, EgKleston, Flood, Garnett, Gilmore, Glass, B. James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamiltc Hardy, Harrison, Hooker, Habard, Hunton, Keezell, Kendall, LincG Lovell, Marshall, McIlwaine, Meredith, Miller, K. Walton Moore, Moore, Mandy, O' Flaherty, Orr, Parks, Pedigo, Pettit, Phillips, PoUa Qaarles, Richmopd, Robertson, Stebbins, Stuart, Summers, 'tarry, T ton, Tumbull, Waddill, Walker, Watson, Wescott, Wise, With Yanoey, and Mr.lPresident— 72. The journal of yesterday's proceedings was reac proved • Leave of absence was granted the following membe Digitized by Google AL OF THB OONflnrunOKAL OOMVJUITiOK. 271 iwo days, on motion of Mr. Thom. indefinite leave, on motion of Mr. Moors, of mo days, on motion of Mr. Barnes, of Nanse- N, four days, on motion of Mr. Marshall. proposed by Mr. O'Flahkrty, being the un- \ of the day, was taken up. ^ed to amend by 'striking out the words '* Wed- 1,1902," and inserting the words "Tuesday, d." len proposed the following amendment in the titute : it when the Convention adjourns on Friday, it adjourn to meet Monday, January 6th, at 12 luring the recess, (ailed the pending question, uestion being ordered, the vote was then taken nt proposed by Mr. Thom, and it was rejected — 57. of Mr. Keezell the vote was recorded as fol- A. Anderson, Barboar, Boaz, Bristow, Oameron, P. W. Mi, Glass, B. T. Gordon, Gwyn, Hancock, Hardy, Harrison, mton, Keezell, Marshall, Mcllwaine, Parks, Pollard, Rich- ebbins, Stoart, Thom, Thornton, Waddill, and Mr. Presi- • n, George K. Anderson, Thomas H. Barnes, Blair^ Braxton, gleston, Gamett, Gilmore, James W. Gordon, R. L. Gordon, milton, Kendall, Lincoln, Lindsay, Lovell, Meredith, R. mas L. Moore, Mandy. O 'Flaherty, Orr, Pedigo, Pettit, mmers, Tarry» Tombull, Watson, Wise, Withers, Wysor, hen proposed the following amendment to the ,t when the Convention adjourns December t adjourn to meet December 26th at noon, ed — ayes, 14 ; noes, 53. of Mr. Pollard the vote was recorded as fol- t>oar, Glass, Hancock, Hardy, Harrison, Hooker, Lindsay, Pollard, Thom, Thornton, Waddill, and Watson— 14. n, George K. Anderson, W. A. Anderson, Thomas H. s. Braxton, Bristow, Brooke, Cameron, P. W. Camp- lan, E^leston, Flood, Garnett. Gilmore, B. T. Gordon, u L. Gordon, Green. Grei^ory, Gwyn, Hamilton, Habard, idall, Lincoln, Loveli, Mcllwaine, B. Walton Moore, Thomas Digitized by Goo^ 272 JOtJBKAL Of THE CONSTITtJTlONiX CONVENTION. L. Moore, Mondy, O'FUherty, Orr, Parks, Pedigo, Pettit, Phillips, Richmond, Robertson, Stebbins. Stuart, Summers, Tarry, Tumbol Withers, Wysor, Tancey, and Mr. President— 53. Mr. Lindsay offered the following amendment : Resolved, That when the Convention adjourns on th it adjourn to meet Monday, December 30th, at 12 o'clod Mr. Barbour called the pending question. The pending question being ordered , the vote was take the amendment was rejected — ayes, 24 ; noes, 43. — and on motion of Mr. Lindsay the vote was recorded lows : Atbs— Messrs. Barboor, Boaz, Bristow, P. W. Campbell, Davis, FIoc B. T. Ctordon, R. L. Gordon, Hancock, Hardy, Harrison, Hooker, Hum zell, Lindsay, Marshall, Pollard, Stebbins, Stuart, Thom, Thornton, Wai Mr. President— 24. NoKB — Messrs. Allen, George K. Anderson, W. A. Anderson, Th Barnes, Blair, Braxton, Brown, Cameron, Dunaway, Eggleston, Gamett, James W. Gordon, Green, Gregory, Gwyn, Hamilton, Hubard, Kendall, Lovell, Mcllwaine, Meredith, R. Walton Moore, Thomas L. Moore, CFlaherty, Orr, Parks, Pedigo, Pettit, Phillips, Quarles, Richmond, R Sommers, Tarry, Tomboll, Watson, Wise, Withers, Wysor, and Yancey Mr. Barbour moved to amend the original resolution ding the words ''without pay during the recess.'' Mr. BoAZ called the pending question. The pending question being ordered, the amendme agreed to— ayes, 36; noes, 29. — and on motion of Mr. Barbour the vote was recordec lows : Atbb — ^Messrs. Allen, W. A. Anderson, Barbour, Thomas H. Bam Braxton, Earman, Eggleston, Flood, Glass, B. T. Gordon, James W. O L. Gordon, Gregory, Hamilton, Hancock, Hardy, Harrison, Hooker, Lindsay, Marshall, Meredith, R. Walton Moore, Pollard, Stebbins, Stua Thom, Thornton, Tnmball, Waddill, Watson, Wise, Withers, and ^ dent— 36. Nobs— Messrs. George K. Anderson. Blair, Bristow, Brown, P. W. < Davis, Dunaway, Gamett, Gilmore, Green, Gwyn, Hubard, Keezell, Mcllwaine, Thomas L, Moore, Mundy, O* Flaherty, Orr, Parks, Pedij Phillips, Quarles, Richmond, Robertson, Summers, Wysor, and Yancey- The following pairs were announced : Mr. Cameron, with Mr, Mij.ler; Mr. Lovell, w Walter ; Mr. Kendall, with Mr. Fletcher. The first named in each case would have voted in the ; tive. The question then recurring on the amendment, in ture of a substitute, proposed by Mr. Brown, to whi Moors, of Montgomery, ofifered the following amendmt Digitized by Google fAL OF THE CONSTITUTIONAL CONVENTION. 27o at when the Convention adjourns on Thursday to meet Monday, January 6, 1902. ected. then taken on the amendment, in the nature of 3red by Mr. Brown, which was rejected — ayes, 1 of Mr. Lindsay the vote was recorded as fol- lan, BraztOD, Brown, James W. Gordon, R. L. Gordon, Kendali, Lovell, Meredith, Pettit,Turnbull, and Withera— 13. lorge K. Anderson, W. A. Anderson, Barbour, Blair, Boaz, ^ W. Campbell, Davie, Dnnaway, Earman, Garnet t, Gilmore, , Green, Gwyn, Hancock, Harrison, Hooker, Hubard, Hun- y, Marshall,. Mcllwaine, R. Walton Moore, ThoiuaB L. Moore, , Orr, Parke, I'edif^o, Phillips, Pollard, Quarles, Richmord, , Stuart, Summers, Thorn, Thornton, Wuddill, Watson, Wise, —48. ered the following amendment : lat when the Convention adjourns on Monday, it be to meet again Friday, December 27th, at moved the previous question, question being ordered the amendment was re- 3 ; noes, 49. n of Mr. Hooker the vote was recorded as fol- '. A. Anderson, Brifitow, Flood, Glass, Hardy, Harrieon, Ludsay, Marehall, Mcllwaine, Pollard, Thorn, Tbomton, Tum- -16. len, Georfn, Brown, Cameron, Davip, Dunaway, Earman. Eggleston, 5. T. Gordon, James W. Gordon, R. L. Gordon, Green, Greg- on, Hancock, Hubard, Keezell, Kendall, Lovell, Meredith, 3' Flaherty. Orr, Parks, Pedigo, Pettit, Phillips, QuarleP, Rich- Htebbins, Stuart, Summers, Tarry, Watson, Wise, Withers, d Mr. President — 49 ; then taken on the original resolution, as offered :erty, and it was rejected — ayes, 28; noes, 40. m of Mr. TuRNBULL the vote was recorded as lien, W. A. Anderson, Barbour, Roaz, Braxton, Cameron, t. T. Gordon, R. L. Gordon, Gregory, Hancock. Hardy, Hun- [eredith, R. Walton Moore, Pettit, "^tebbins, Stuart, Thorn, I, Waddill, Watson, Willis, Wise, and Mr. President— 28. eorge K. Anderson, Ayers, Thomas H. Barnes, Blair, Bristow, pbell, Danaway, Earman, Gamett, Gilmore, Glass. James W. nryn, Hamilton, Harrison, Hooker, Hubard, Keezell, Kendall, 274 JOURNAL OP THE CONSTITUTIONAL CONVENTION. J.incoln, Lindsay, Marehall, Thomu L. Moore. Mundy, O' Flaherty, Orr, Phillipe, Pollard, Qaarlee, Richmond, Robertson, Sammers, Tarry, V Withers, Wysor, and Yancey — 40. Mr. LovELL announced that he was paired with Mr. W^ who, if he were present, would vote nay, and he would vot Mr. Gordon, of Richmond, then offered the foUowinj lution : Resolved, That when the Convention adjourns on the it be to meet on January 6, 1902, at 12 o'clock M., withoi to the members or employees, but with mileage. Mr. Keezell then offered a substitute for the pending sitions. Resolved, That when the Convention adjourns on th( it adjourn to meet at 12 o'clock on January the first. The vote was then taken on the amendment offered I Gordon, of Richmond, and it was rejected. The vote was then taken on the substitute proposed 1 Keezell, and it was agreed to— ayes, 42 ; noes, 27. — and on motion of Mr. Davis the vote was recorded lows : Aybs— Mewra. Georjfe K. Anderson, W. A. Anderson, Thomas H. Barn( Bristow, P. W. Campbell, Davis, Earman, Etrgleeton, Garnett, Gilmor Green, Gwvn, Hamilton, Hardy. Hubard, Keeze 1, Lincoln. Marshall, Mc Meredith, Thomas L. Moore, Mnndy,0' Flaherty, Parks, Pettit. Phillipp, Richmond, Robertson, Stuart, Summers, Tarry, Thorn, Thornton, Wadd eon. Wise, Wysor, Yancey, and Mr. President— 42. KoBB— Messrs. Allen, Ayers, Barbour, Braxton, Brown, Cameron, D Flood, B. T. Gordon James W. Gordon. R L. Gordon, Gregory, Hancork, I Hooker, Hunton, Kendall, Lindsay, R. Walton Moore, Orr, Pedigo. Polla bins. Turnbnll, Wescott, Willis, and Withers— 27. Mr. Barbour moved that the members receive no pay the recess. The President ruled that the motion was not in whereupon Mr. Barbour appealed from the decision chair. The question ''shall the decision of the chair stand a ment of the House'' being put, it was decided in the a tive — ayes, 55; noes, 12. ^-on motion of Mr. Barbour the vote was recorded as f( Ayes — Messrs. Allen, George K. Anderson, W. A. Anderson, Avers, H. Barnes, Blair, Boaz, Bristow, Brown, Davis, Dunaway, Earman, Fl( nett, Gilmore, Glass, B. T. Gordon, Green, Gregory, Gwyn, Hamilton, 1 Hardy, Harrison. Hooker, Hubard, Keezell, Kendall, Lincoln, Lindsay. 1 Mcllwaine, Meredith, Thomas L. Mcore, Mundy, O' Flaherty, Orr. Parks Pettil, Phillips, Qnarles, Richmond, Robertson, StebbinR, Stuart, Sumoie] Thorn, Waddill, Watson, Wescott, Wise, Withers, and Yancey — 55. NoES — Messrs. Barbour, Braxton, Cameron, James W. Gordon, R. L. Hunton, R. Walton Moore, Pollard, Thornton, TurnbuU, Willis, and W Digitized by Google P THE CONSTITUTIONAL CONVENTION. 275 endmenfc to the rules, by Mr. Thom, was >n his motion was passed by. laving arrived, tlie President declared the sd until to-morrow at 10 o'clock. 3AY, DECEMBER 17. 1901. sembled at 10 o'clock A.M. Prayer by Rev. AiNK, of the Presbyterian church, onvention was called, and the following nt and answered to their names •. C. Anderson, W. A. Anderson, Ayers, Barbour, Bar- Thomas H. Barnes, Blair, Boaz, Bouldin, Braxton, n, P. W. Campbell, ('haoman, ('obl>, Davie, Dnnaway, , Garnett, Gil more, Glass, B. T. Gordon, James W. Sreen, Grejrory, Gwyn, Hamilton, Hancock, Hardy, ■, Hiibard, Hantr>n, Ingram, Cla^gett B. Jones. Keezell, V, Lovell, Marshall, Mollwarne, Meredith, R, Walton Mundy, O' Flaherty, Orr, Parks, Pedi^ro, Petti t, Phillips, [id, Rives, Stebbina, Stuart, Summers, Tarry, Thom, 3ent, Waddid, Walker, Wateon, Wescott, Willis, Wise^ and Mr. President — 81. 3Sterday's proceedings was read and ap- ered the following resolution • lie Convention do proceed on January 6, J reports from the Committee on the Elec- ifications for Office, and Basis of Repre- ntment and Election, and that the same be I order until the same has been disposed of. a, was passed by, id the following resolution : in committee of the whole, there shall be )tion to reconsider unless the rule be sus- the Convention, except that the person to reconsider, shall have not exceeding ten reasons/' ition of Mr. Parks, referred to the Com- bed the following resolution, which was le Hon. A. J. Montague, Governor-elect of ph E. Williard, Lieutenant-Governor-elect ; A. Anderson, Attorney-General-elect ; be Digitized By 276 JOURNAL OP THE CONSTITUTIONAL CONVENTION. invited to take the oath of office in the presence of th vention on the first day of January next, at 12 o'ck and that a committee of five be appointed by the Presi convey this invitation to the distinguished gentlemen, I by Virginia by election, to these high offices, and to i the necessary ceremonies for the occasion. Mr. Anderson, of Rockbridge, proposed the followir lution : Resolved, That the pending question and the previou tion may be ordered in the committee of the whole by of two-thirds of the members present, and voting on th tion, with like effect, as when the Convention is sitting nary session. — which was, on his motion, referred to the Commi Rules. On motion of Mr. Hunton, the Convention resolvei into a committee of the whole, upon the report of th mittee on Judiciary, Mr. Boaz in the chair. After some time passed in the committee of the wh President resumed the chair, and Mr. Boaz reported t committee had risen without coming to any conclusioi the matter referred to them. The President laid before the Convention the followir munication : Richmond, Va., December 16, : To the Constitutional Convention of Virginia : Gentlemen, — I herewith transmit to your honorable preamble and resolution adopted by the Common Coi the City of Richmond, concurred in by the Board of Aid and approved by His Honor, the Mayor : Very respectfully, BEN T. AUGU^ Citg i Whereas the Constitutional Convention of Virginia and is seeking some suitable and convenient place of rt in order that they may give way to the Legislature no^ to assemble ; and, Whereas it is the desire of the people of Richmond to to this distinguished body every possible courtesy and coi tion ; therefore, be it Resolved by the Council of the city of Richmond (th< of Aldermen concurring) , That the use of the Council C of the city be, and is, hereby tendered to the Conven their use for such time as they need it for their use and nience. Digitized by Google tNAL OF THE CONSTITUTIONAL CONVENTION. 277 ;lie Common Councih concurred in by the Board approved by the Mayor December 12, 1901. BEN T. AUGUST, City Clerk, NT announced the appointment of the follow- v[, Greek, Hunton, Stuart and Allkn, as the invite the Governor, Lieutenant-Governor, and •al-elect. to take the oath of office in the presence itional Convention. two having arrived, the President declared the ourned until to-morrow morning at 10 o'clock. IDNESDAY, DECEMBER 18, 1901. tion assembled at 10 o'clock A. M. Prayer by auchamp, of the Methodist church, the Convention was called, and the following present and answered to their names. George K. Anderson, W. A. Anderson, Aycrs, Barbour, Manly toaz, Bjuldin, Braxton, Bristow, Brooke, Brown, Cameron, bapman, Cobb, Crisuioud, Davis, Dunaway, Earman, EKgles- >re, Giliespie, Glass, B. T. Gordon, James W. Gordon, R. L. egor)% Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hunton, Ingram, Claggelt B. Jones, Keezell, Kendall, Lincoln, -I ar shall, Mcllwaine, Meredith, R. Walton Moore. Thomas ', O'Flaherty Orr, Parks, Pedigo, Pcttit, Phillips, Pollard, . Rives, Stebbins, Summers, Tarry, Thorn. Thornton, Turnbull, Walker, Watson, Wescott, Willis, Wise, Withers, Yancey, -79. of yesterday's proceedings was read and ap- ence Avas granted the following members : , of Richmond, one (1) day, on motion of Mr. , of Nansemond, three days, on motion of Mr. two days, on motion of Mr. Moore, of Mont- ^D, two days, on motion of Mr. Barbour. if Mr. Hunton, the Convention resolved itself Digitized by Googi 278 JOURNAL OF THE CONSTITUTIONAL CONVENTION. into a committee of the whole, upon the report of the C tee on Judiciary, Mr. Boaz in the chair. After some time passed in the committee of the whc President resumed the chair and Mr. Boaz reported tl committee had had under consideration the report of thi mittee on Judiciary, to them referred, and had directed report the same with amendments. On motion of Mr. McIlwaine, the Convention again r itself into a committee of the whole, upon the report Committee on Education and Public Instruction, Mr. P^ the chair. After some time passed in the committee of the wh President resumed the chair and Mr. Parks reported tj committee had risen without coming to any conclusio the matter referred to them. The hour of 2 o'clock having arrived, the President d the Convention adjourned until to-morrow at 10 o'clocl THURSDAY, DECEMBER 19, 1901. The Convention assembled at 10 o'clock A. M. Pr Rev. Dr. Richard McIlwaine, of the Presbyterian chv The roll of the Convention was called and the fo members were present and answered to their names ■ Messre. Allen, George K. Andereon, W. A. Anderson, Ayers, Barboi H. Barnes, Blair, Boaz, Bouldin, Braxton, Brooke, Brown, Camerc Campbell, Carter, Chapman, Cobb, DaviB, Earman, Epgleston, Epe8 Gilmore, Gillespie, Glass, B. T. Gordon, R. L. Gonlon, Gret-n, Grei^or H milton, Hancock, Hardy, Harrison, Hat ton, Hooker, Hubard, Hi gram, Claggett B Jones. Kef zell, KeiidalJ, Lincoln, Lindsay, LoveU, McIlwaine, Meredith, R. Walton Moore, Thcmap L. Moore, O'Flah Parks, Pedigo, Pettit, Phillips, Pollard, Portlock, Qnarles, Richmoi Stebbins, ^tuart. Summers, Tarry, Thom,Tliornton, Turnbull, Vincent, Walker, Watson, Weecott, Wiilie, Wise. Withers, Wysor, and Mr. Preei Messrs. Barnes, of New Kent, and Wysor present! tions from citizens of York and Giles counties, respe relating to licensing the sale of intoxicating liquors, were referred to the Committee on Preamble and Bill of Leave of absence was granted the following members Mr. Gordon, of Richmond, one day (to-day) on mc of Mr. Pollard. Mr. Richmond, one day, on motion of Mr. O'Flaheb Mr. Summers, on day, on motion of Mr. O'Flahert^ Mr. Orr, one day, on motion of Mr. McIlwaine. Digitized by Google t^AL OF TUB CONSTITUTIONAL CONVENTION. 279 four days, from January 1, 1902, on motion of of Montgomery, two days, on motion of Mr. L offered the following resolution and asked its ideration, which was agreed to ; 'hat the clerks of this Convention shall receive >f four dollars during the recess." n hia motion, adopted. ON, of Rockbridge, proposed the following he rules : at the following be adopted as one of the rules on : elegate shall speak more than once to the same in the Convention or in the committee of the Tiore than twenty minutes at a time in the Con- raore thirty minutes at a time in the committee ithout the leave of the Convention, except that )f a committee, shall, in the committee of the the time he may deem necessary to present and ort of his committee, in opening the discussion : and the mover, or chairman of a committee pending matter, may speak in reply, but not gate choosing to speak shall have spoken, ferred to the Committee on Rules. Mr. McIlwaine the Convention resolved itself ee of the whole, upon the report of the Com- ation and Public Instruction, Mr. Parks in the ime passed in the committee of the whole, the raed the chair and Mr. Parks reported that the risen without coming to any conclusion upon Ted to them. , from the Committee on Accounts and Expen- ^llowing report : ee on Accounts and Expenditures of the Con- ch was referred a resolution providing for the rs and employees of the Convention during the ispectfully report that after making a careful ito all the facts and circumstances connected ', they are of the opinion and 'so recommend on that Mr. J. H. Brennaman and Mr. William be allowed, the former the sum of $75 and the :)f $25 for services actually I'endered during the Convention from August 3d to August 22d, and 5th to November 7th. >tion, was agreed to. Digitized by Goos 280 JOURNAL OF THE CONSTITUTIONAL CONVKNTION, Mr. Marshall oflfered the following araendment whicl ordered to lie on the table and be printed : ResolVed, That all speeches hereafter made in the comi of the whole shall be limited to twenty minutes duration otherwise ordered. Mr. Thom proposed the following resolution, whicl agreed to : Resolved, That the retiring Governor or Virginia, t tiring Lieutenant-Governor, the President and Associate J of the Supreme Court of Appeals, the Speaker of the ] of Delegates, the Members of the General Assembly, ar Mayor of the city of Richmond, be invited to be preser participate in the inauguration ceremonies to be held : presence of this Convention on January 1st next. The hour of two having arrived the Pkesident declan Convention adjourned until to-morrow at ten o'clock A. J FRIDAY, DECEMBER 20, 1901, The Convention assembled at 10 o'clock A. M. Praj Rev. Dr. W. A. Strange, of the Protestant Episcopal chv The roll of the Convention was callod and the foil members were present and answered to their names : MetBiu. Allen, QeorpjeK. Anderson, W. A. Anderson, A yerp, Barbour, Boi din, Brooke, Brown, Cameron, P. W. Campbell, Carter, Cobb, EaruiHD, Ejt Epes, Flood, Garnett, Gilmore, Gillespie, Glass, B T. Gordon, Jamee don, R. L. Gordon, Green, Gregory, Hamilton, Hancock, Hardy. ] Ingram, Clajjgett B. Jones, Keezell, Kendall, Lincoln, Lindsay, M Mcllwaine, Meredith, R. Walton Moore, O'Flaherty, Parks, Pedigo, ] Pollard, Portlofk, Quarles, Richmond, Rives, SttbbiLe, Stuart, Tarry, Thornton, Turnbull, Waddill, Walker, Watson, Weecott, Willis, Wise, ^ Wysor^ and Mr. President — 64. The journal of yesterday's proceedings was read ai proved. Messrs. Willis and Pollard presented petitions fro] zens of Elizabeth City county and the city of Richmoi spectively, relating to licensing the sale of intoxicating li which were referred to the Committee on Preamble and Rights. Mr. Marshall moved that the debate in the commi the whole, upon the report of the Committee on Educate Public Instruction, be limited to twenty minutes dui which was agreed to. On motion of Mr. McIlwainb the Convention resolvec Digitized by VjOO^ ' ^ AJL OF THE CONSTITUTIONAL CONVENTION. 281 of the whole, upon the report of the Commit- Dn and Public Instruction, Mr. Parks in the ne passed in the committee of the whole, the imed the chair, and Mr. Parks reported bee had risen without coming to any conclu- matter referred to them. He also further re- ommittee of the whole request the Convention n from further consideration of section 11 of Committee on Education and Public Instruc- mmittee on Finance make their report, eed to. om the committee on preparations for the in- e Governor, etc., made the following report : )GRAM FOR INAUGURATION. Arrangements in Hall. Governor, Lieutenant-Governor and Attorney- id the guests especially invited by resolution of will be provided at or near the clerk's platform, i rows of members' seats will be reserved for lembers of the families of the oflBcials named ►f the Convention and invited guests. 1 into the hall will be constituted as follows : ee of the Convention, ee of the General Assembly, '-elect and retiring Governor. nt-Gt)vernor-elect and retiring Lieutenant- lor. -General-elect and speaker of House of Dele- sident and Associate Judges of the Supreme of Appeals. f city of Richmond, tamed. will be received by the Convention standing. 5 offered by — r of the Convention will present the Governor- make an address, and then take the oath of President of the Supreme Court of Appeals. Digitized by Gool 282 JOUU:^AL OF THE CONSTITUTIONAL COJTVENTION. The Lieutenant-Governor-elect and the Attorney-Gen( will then take the oath of oflSce also before the Pre the Supreme Court of Appeals in the order named. A recess of the Convention, for five minutes, will taken, to afford the members of the Convention a tunity to pay their respects to the newly inauguratec of the State. — which was agreed to. On motion of Mr. Meredith the Convention adjour WEDNESDAY, JANUARY 1, 1902. The Convention assembled at 12 o'clock M. Prayer T. D. Thames, D. D., of the Baptist church. In accordance with the resolution previously adoptc A. J. Montague, Hon. Joseph E. Williard, and Hon. A. Anderson were introduced and sworn in as G Lieutenant-Governor, and Attorney-General, respective appropriate ceremonies. On motion of Mr. Boaz the Convention adjourned. THURSDAY, JANUARY 2, 1902. I The Convention assembled at 10 o'clock A. M. Pr Rev. Dr. Richard McIlwaine, of the Presbyterian chi The roll of the Convention was called, and the f members were present and answered to their names : Messrfi. Allen, George K. Anderson, W. A. Anderson, Barbonr Manly H. Barnes, Thomas H. Barnes, Boaz, Braxton, Bristow, Bro Campbell, Carter, Crismond, Dunaway, Ejrgleston. Kpes, Fairfax, I nett, Glass, B. T. Gordon, James W. Gordon, Grejrory, Gwyn, Hancock, Hardy, Hooker, Hunton, Incram, G. W. Jones, Keezell Lindsay. Marshall, McIlwaine, Mereditn, Moncui**, R. "Wahon Moi herty, Pollard. Rives, Stuart, Tarry, Thorn, Turnbull, Waddill, President— 49. No quorum appearing the Convention, on motiot Carter, adjourned. Digitized by Google iL OF THE CONSTITUTIONAL CONVENTION. 283 'RIDAY, JANUARY 3, 1902. n assembled at 10 o'clock A. M. Prayer by Dun A WAY, of the Baptist church. Convention was called and the following mem- t and answered to their names : )rpe K. Anderson, W. A. Anderson, Barbour, Barbam^ ?hoiiia8 H. Barnes, Blair, Boaz, Braxton, Bri(>tow, Brooke, p)>ell. Carter, Crismond, Ej^gleRton, Epes, Fairfax, Flood, J W. Gordon, Gregory, Gwyn, Hamilton, Hancock, Hardy, ram, G. W. Jones, Keezell, Lindsay, Marsball, Mcllwaine^ i, Walton Moore, O'Flaberty, Pollard, Rives, Stuart, Tarry, Idill, Wise, and Mr. President— 49. pearing, on motion of Mr. Flood, a call of the ordered. by direction of the President, furnished to rms a list of the absentees, who were absent on. r then instructed the sergeant-at-arms to arrest >ers and bring them to the bar of the Conven- at-arras soon thereafter appeared with Mr. tated to the Convention that his absence was 1 his family, and, on motion of Mr. Meredith, ne passed the sergeant-at-arms informed the he had used due diligence to bring to the bar n the other absent members, but had been un- more in the city, but would continue his efforts Convention at some future time. Mr. Barnes, of Nansemond, the Convention 10 o'clock A. M. to-morrow. rURDAY. JANUARY 4, 1902. n assembled at 10 o'clock A. M. Prayer by ID McIlwaine, of the Presbyterian church. e Convention was called, and the following •esent and answered to their names : ge E. Anderson. W. A. Anderson, Barbour, Barham, Manly H. Barnes, Boaz, Bouldin. Braxton, Brisiow, Brooke, pbell. Carter, Cobb, Crismond, Dunaway,EggIeston, Epes* Digitized by GoogI 284 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Fairfax, Flood, Garnett, Glass, B. T. Gordon, Jamee W. Gordon, Gwyn. Hamilton, Hancock, Hardv, Hooker, Hun ton, Ingram, G. Keezeil, Kendall, Lindsay, Marshall 7 Mcllwaine, Meredith, Moncure, Moore, O* Flaherty, Pollard, Portlock, Rives, Robertson, Smith, Stebbi Tarry, Thorn, TurnbuU, Vincent, Waddill, Wise, and Mr. President — £ Oa motion of Mr. Flood further proceedings, undei of yesterday, was suspended. The journal of Friday, December 20, 1901 ; January and 3d, 1902, were read and approved. Leave of absence was granted the following memben Mr. Orr, six days, beginning on the 1st, on motio McIlwaine. Mr. GiLMORE, four days, beginning on the 1st, on e Mr. Anderson, of Rockbridge. Mr. Glass, one day (Monday) , on motion of Mr. M Fairfax. Mr. Pettit, indefinite leave, on motion of Mr. Floc Mr. Blair, two days, beginning yesterday, on motic Rives. Mr. Richmond, five days, beginning on the 1st, 01 of Mr. O'FiiAHERTY. Mr. Gillespie, five days, beginning on the 1st, on r Mr. Stuart. Mr. Bristow, one day (Monday) , on motion of 1 NEXT. Mr. Smith, indefinite leave, on motion of Mr. ^i Fairfax. Mr. Thornton, five days, beginning on tlie 1st, o of Mr. HuNTON. Mr. Qqarles, three days, beginning to-day, on n Mr. BoAz. Mr. Harrison, two days, beginning to-day, on i Mr. Moore, of Fairfax. Mr. Pollard proposed the following resolution and immediate consideration, which was refused : Resolved, That the Secretary of this Convention b is, hereby instructed to furnish to the official stec daily a list of the names of all members who are abs out leave, and the said stenographer shall publish ss in a separate list in the daily official report of the pr of this Convention. Mr. Pollard, proposed the following amendment to Resolved, That rule 8 be amended by the additii following after the word ** payment '' in line 16 : ** that in certifying the amount due each member he sh; $4.00 for each day such member is absent without ] obtained, unless such member be thereafter for good cused by the Convention." Digitized by VjOOQ IC iL OJ? TUB CONSTITUTIONAL CONVENTION. 286 ered to lie on the table and be printed. E moved that the Convention resolve itself of the whole. i moved to amend as follows : rote upon the motion to strike out section 12, 3nts thereto, shall be taken after two hours de- me, unless sooner disposed of, one-half of said ?d to those favoring said motion, and the re- those favoring the retention of said section, •eed to. )n then resolved itself into a committee of the e report of the Committe on Education and 3n, Mr. Flood in the chair, ae passed in the committee of the whole, the led the chair, and Mr. Flood reported that the B whole had risen without coming to any con- 3 matter referred to them. I, of Rockbridge, moved that when the Con- 3 to-day it adjourn to meet on Monday at 12 reed to. Mr. Garnett the Convention adjourned. lONDAY, JANUARY 6, 1902. 3n assembled at 10 o'clock A. M. Prayer by DuNAWAY, of the Baptist church, le Convention was called, and the following resent and answered to their names : irjje K. Anderson, W. A. Anderson, Ayers, Barbour, Barbam, ,Braxton, Brooke, Brown, (/ameron, P. W. Tampbell, Carter, smond, Danaway, Rg:gIe8ton, Epes, Fairfax, Fletcher, Flood, J. T. Gordon, James W. Gordon, R. L. Grordon, Green, inoock, Hardy, Hatton, Hooker, Hunton, Ingram. G. W. [idall, Lawson, Lindsay, Marshall, Mcllwaine, Meredith, I Moore, Thomas L. Moore, O' Flaherty, Parks, Phillips, Pol- rles, Rives, Robertson, Stebbins, Stuart, Summers, Tarry, rumbull, Waddill, Walker, Watson, Wescott, Willis, Wise, and Mr. President— 73. of Saturday's proceedings was read and ap- mce was granted the following members : two days, on motion of Mr. Ingram. L, of Amherst, indefinite leave, on motion of Nelson. Digitized by Gooi 286 JOURNAL OP TUB CONSTITUTIONAL CONVENTION. Mr. Barnes, of Nansemond, two days, on motion Garnett. Mr. Hamilton, two days, on motion of Mr. Camero Mr. Withers, five days, on motion of Mr. Grekn. The President stated that he had received a commi from Mr. Gillespie, stating that he was detained at sickness. Mr. Green was, at his request, excused for bein since the first. Mr. Marshall proposed the following amendraeni rules : Amend rule No. 12 by striking out in line one of i the words '* A majority," and insert in lieu thereof tl ** Seventy-five," so that said section of said rule as i shall read, ** Seventy-five of the members of the Co shall be necessary to transact business, and every quest be determined according to the vote of the majorit members present." — which was ordered to lie on the table and be printed Mr. Flood proposed the following amendment to th< Resolved, That rule 8 be amended by the additic following, after the word ** payment" in line 16: [ that in certifying the amount due each member he sha $4.00 for each day such member is absent. — which was ordered to lie on the table and be printed Mr. Lindsay proposed the following resolution : Resolved, That the Auditor of Public Accounts hi is, hereby authorized to draw his warrants on the pub ury in favor of James Rowe and Charles A. Coles, f< each, for their salaries from October the 25th to Nove 7th, 1901, as janitors for the Convention, it having be sary for the janitors to perform such services during tl the Convention took a recess at that time. — which was referred to the Committee on Accounts penses. The amendment to section 8 of the rules, as pre Mr. Pollard, was read. The President laid before the Convention a comm : from Mr. A. F. Thomas, of Lynchburg, relating to E — which was referred to the Committee on Education lie Instruction. J On motion of Mr. Cameron the Convention resol into a committee of the whole, upon the report of * mittee on the Executive Department, Mr. Barbour ia After some time passed in the committee of the ^ I President resumed the chair, and Mr. Barbour repc 1 the committee had had under consideration the repc Digitized by VjOOQIC L OK THE CO.VSTITL'TIONAL CONVENTION. 287 Executive Department to them referred, and to report the same with amendments, oved to take up the report of the Committee nended by the committee of the whole, called the pending question. The pending 'dered, the motion was agreed to. he Committee on Judiciary, as amended by the whole, was then taken up. hen adopted, moved to amend section 2 by striking out the line 84, and insert the word one, which was ben adopted. 4 were then adopted. loved to amend section 5 by striking out all le words ** shall be/' in line 3, down to the I,'' in line 5, and insert the words ** elected by rs of the State," which was rejected— ayes, of Mr. QuARLKS, the vote was recorded as fol- our, Barham, Blair. Boaz, Bouldin, Chapman, Diinaway, >re, B. T. Gordon, Gwyn, Hancock, Hardy, G. W. Jones, irshall, Meredith, R. Walton Moore, Thomas L. Moore, Pollard, Quarles, Robertson, Summers, Walker, and Mr. I, George K. Anderson, W. A. Anderson. Ayers, Braxton, >ron, P. W. Campbell, Carter, Cobb, Crismond, Egi^leston, ,1, James W. Gordon, R. L. Gordon, Green, Gregory, Hat- , Ingram, Kendall, Mcllwaine, Parks, Portloek, Rives, ', Thorn, TarnbuU, Waddill, Watson, Wise, and Wysor— 38. )f Richmond, moved to amend section 5 by «vords '* chosen by the joint vote of the two neral Assembly," in lines 3, 4 and 5, and in- 1 '* appointed by the Governor, by and with e General Assembly, in joint session," which es, 32 ; noes 38. i of Mr. Gordon, of Richmond, the vote was YS : rs, Barbour, Barham, Blair, Bouldin, Braxton, Chapman, farnett, Gilmore, James W. Gordon, Gwyn, Hardy, Hatton, ndsay, Marshall, Meredith, R. Walton Mo'^re. Thomas L. ard, Robertson, Summers, Tarry, Walker^ Wescott, Willis, President— 32. D, George K. Anderson, W. A. Anderson, Boaz, Brooke, W. Campbell, Carter, Cobb, Crismond, Eggleston, Epes, Gordon, R. L. Gordon. Green, Gregory, Hancock, Hooker, W. Jones, Keezell, Mcllwaine, Parks. Portloek, Quarles, rt,Thom, Turn bull, Waddill, Watson, Wise, and Wysor— 38. Digitized by r 288 JOUBNAL OF THB CONSTITUTIONAL CONVENTION. Section 5 was then adopted. Section 6 was then adopted. Mr. Wysor moved to amend section 7 by striking word ** two,*' in line 3, and insert the word three, wh rejected. Section 7 was then adopted. Mr. Stuart moved to amend section 8, in line 54, by i out the word '* Grayson " and inserting the word ** Gil line 56, by striking out the word " Giles " and inserl word ** Russell ;" in line 58, by striking out the word sell " and inserting the word *' Grayson/' which amer were agreed to — ayes, 44 ; noes, 23. — and, on motion of Mr. Blair, the vote was recorder lows : Atbb — Messrs. Allen, W. A. Anderson, Ayers, Barbour, Barb&m, Brown, P. W. Campbell, Carter, Cobb, CriBmond, D ma war, Epes Fletcher, Flood, Gkirnett, 6. T. Gordon, R. L. Gordon, Gregory»Hancoc Hooker, Hunton, Ingram, Kendall, Laweon, Lindsay, Mcllwaine. Moncnre, Parks, Pollard, Quarles, Stebbins, iStuart, Thorn, Turnbull, Walker, Watson, Wescott, Wise, and Mr. President— 44. Noes — Messrs. George E. Andereon, Blair, Braxton, Brooke. Camei man, Eggleston, llard. Stebbins, Stuart, Thorn, Tnmball, Willis, and noved to amend section 9 by striking out ining with but, in line 19, ending with 6, which was rejected — ayes, 29; noes, 38. Robertson the vote was recorded as fol- Jouldin, Brown, Chapman, Dunaway, Epes, Fletcher, Hancock, H atton, Hooker, Ingram, Keezell, Lawson, Walton Moore, Thomas L. Moore, O'Flaherty, Phillips, Robertson, 8tuart, Wise, and Wysor — 29. 3eorge K. Anderson, W. A. Anderson. Avers, Barbonf, , Brooke, Cameron, P. W. Oaimpbell, Garter, Cobb, lore, B. T. Gordon, James W. Gordon, R. L. Gordon, , Jones, Lindsay. McUwaine, Moncare, Parks, Pollard, jr, Thom, Tumbull, Waddill, Walker, Watson, Wesoott, ^38. moved to amend by striking out the words the General Assembly," in lines 2 and 3, s '* the qualified voters of the circuit over ie," which was rejected — ayes, 19 ; noes, 48. n, the vote was recorded as follows : r, Barham, Blair, Chapman, Fletcher, Gilmore, B. T. mes, Lindsay, Marshall, Moncare, Thomas L. Moore, lard, Quarlee, Summers, and Mr. President— 19. George K. Anderson, W. A. Anderson, Ayers, Boaz, 3, Brown, Cameron, P. W. Campbell, Carter, Crismond, :, Flood, Garnett, James W. Gordon, R. L. Gordon, r, Hardy, Hatton, Hooker, Hanton, Ingram, Keezell, edith, R. Walton Moore, Parks, Portlock, Rives, Robert- ry, Thom, Turnbull. Waddill, Walker, Watson, Willis, laving arrived the Presidbnt declared the ed until 10 o'clock A. M. to-morrow. Digitized by ' 290 JOUBNAL OF THl OONSnTUTIOKAL COKTENTIOir. TUESDAY, JANUARY 7» 1902. The Convention assembled at 10 o'clock A. M. Pr? Rev. Dr. Richard McIlwaine, of the Presbyterian chui The roll of the Convention was called and the fol members were present and answered to their names : Meflera. Allen, George K. Andenon, W. A. Anderson, Ayers, Barbour, Manly H. Barnes, Blair, Boaz, Boaldin, Braxton, Brietow, Brooke, Cameron, P. W. Campbell, Carter, Chapman, ik)bb, Crismond, Dunaf man, Eggleston, Epee, Fairfax, Fletcher, Flood, Garnett, Gil fore, ( Glaes. B. T. Gordon, James W. Gk>rdon, R. L. Gordon, Green, Gre^tory Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Hubard, loK^am, G. W. Jones, Keesell, Kendall, Lawson, Lircotn, Lindsay, Lo^ shall, Mrllwaine, Meredith, Miller, Moncure, R. Walton Moore, Tl Moore, Mandy, O'Flaherty, Parks, Pedino, Pbillips, Pollard, Portlock, Rives, Robertson, Stebbins, Stuart, Summers, Tarry, Thom, Tnrnbull, Walker, Watson, Wesoott, Willis, Wise, Woodhouee, Wysor, Yancey, President— S6. 1 The journal of yesterday's proceedings was read t proved. Mr. Ayers, from the Committee on Asylums and I moved to recommend the report of the Committee on A and Prisons back to the committee for further considc — which was agreed to. Mr. Marshall called up his resolution for the Convei proceed on January 6th with the consideration of the from the Committee on the Elective Franchise, etc., t< he offered the following amendment. Strike out the words January 6, 1902, and insert thereof the following: January 13, 1902, and add at of said resolution these words — a vote shall be taken i pending propositions upon Thursday, January 23, 1902 The vote being then taken on the amendment and res* they were rejected. The amendments to the rules, provided by Mr, PoLLi Flood, were read. The report of the Committee on Judiciary, as amer the committee of the whole, being the unfinished busin« taken up. Mr. Stuart moved to reconsider the vote by wl amendments to section 8, in lines 54, 56 and 58, hi adopted, which was agreed to— ayes, 39 ; noes, 36. — and, on motion of Mr. Blair, the vote was recorde lows : Ayes — ^Messrs. Barbour, Manly H. Barnes, Blair, Bristow, Cameron, * Crismond, Dunaway, Earman, Eggleston, Kpes, James W. Gordon, Gw son, Hatton, Hooker, G. W. Jones, Eeezeli, Lincoln, Lovell, Marshall, I Digitized by Google LL OF THl OOKSTITnnOKAL OOKTEXTIIOV. 291 bomaa L. Moore, Mondy, O'Flaherty, Parks, Phillipfl, rtBon, Tarry, Waddill, Willie, Woodhoaee, Wyeor, YaDoey, ), ■B, Barham, Boaz, BonldiD, BraxtoD, BrowD, P. W. Camp- irfaz, Fletcher, Flood, Garnett. Gilmore, B. T. Gordon, U. Haacock, Hardy, Hantoo, Ingram, Laweon, Lindsay, )loore. Pollard, Portlock, Stebbins, Stnart, Sammers, Thorn, kteon, Weecott, and Wise— 36. then taken, on the amendment proposed by as rejected — ayes, 32 ; noes, 44. m of Mr. Blair, the vote was recorded as rs, Boaz, Bouldin, Brown, P. W. Campbell, Carter, Cobb, fodf Gillespie, B. T. Gordon, R. L. Gordon, Gregory, Han- , Ini^ram, Lawson, Lindsay, Meredith, R. Walton Moore, :>bins, Staart, Summers, Thorn, Tambnll, Waddill, Walker, ge K. Anderson, Barhonr, Barham, Manly H. Barnes. Blair, neron, Chapman, Crismond, Dunaway, Earman, Eggleston, James W. Gordon, Gwyn, Harrison, Hatton, Hooker, G. lincoln, Lovell, Marshall. Mcllwaine, Miller, Thomas L. herty, Parks, Phillips. Qiiarlee, Rives, Robertson, Tarry, Woodhonse, Wysor, Yancey, and Mr. President— 44. proposed the following amendments to sec- 3 1, 2, 3 and 4, and insert the following : 1 be divided into at least twenty-five judicial ^s : Norfolk shall constitute the first circuit. )cted. then adopted. loved to reconsider the vote, by which section nd to lay the motion on the table. eed to. )t Richmond, proposed the following amend- 0. ,t section 10 be amended by substituting the )d by the Governor, by and with the consent of le General Assembly, in joint session," for the )y the joint vote of the two houses of the Gen- in lines 2, 3 and 4 ; and by substituting the of said judges under this Constitution. The tricts bearing odd numbers shall be appointed ur years, and those of the districts bearing r a term of eight years ;" for the words '* elec- es, etc.," in lines 18, 19, 20, 21, 22, 23, 24, I end of the section, which was rejected — ayes. Digitized by Gol 292 JOURNAL OF THB CONSTITUTIONAL CONVENTION. — and, on his motion, the vote was recorded as follows Atbb— Meesra. Barboar, Barham, Blair, Bouldin, Braxton, Brietow, Dunaway, Gillespie, James W. Gordon, Gwvn, Hardy, Hatton, Lin ■hall, Moocare, Mandy, Pedi^, Pollard, Robertson, Summers, Weso Woodhoase, and Mr. President — 25. Nobs— Messrs. Greorge K. Anderson, Ayere, Manly H. Barnes, Bo Cameron, P. W. Campbell, Garter, Cobb, Crlsmond, Earman, Epet Flood, Gamett, Gilmore, B, T. Gordon, R. L. Gordon, Green, Grego ton, Hancock, Harrison, Hooker, Hubard, Hun ton, Ingram, G. W. J zell, Lindsay, Lovell, Mcllwaine, Miller, Parks, Portlock, Quarles, Tarry, Thom, Tumbull, Waddill, Walker, Wise, and Wy8or-^4, The following pairs were announced : Mr. Moore, of Fairfax, with Mr. Brooke. Mr. Glass with Mr. Rives. Mr. MooRB, of Montgomery, with Mr. Vincent. The first named in each instance would have vote aflBrmative. Mr. Barbour moved to strike out the word ** 8," i and insert the word '* 12." — which was rejected. Section 10 was then adopted. Mr. TuRNBULL moved to amend section 11 by ad words ** or city " after the word '' circuit/' in line 14. — which was agreed to. Mr. Barbour moved to strike out the word " sepai line 6, and also to strike out after the word city, in li: following: *'of the second class (as defined in secti this article, until said city shall abolish its existing city and insert the words " having a separate city court." Mr. Anderson, of Alleghany, called the pending ( The pending question being ordered the vote was take amendment to section 11, as proposed by Mr. Barbou was rejected — ayes, 19; noes, 55. — and, on motion of Mr. Barbour, the vote was re< follows : Aym— Mpssra. Barbour, Boaz, Bouldin, P. W. Campbell, C'hapi Fletcher, Flood, Gillespie, R. L. Gordon, Hooker, Uubard, Keez€ Lindeay, Mundy, Portlock, Quarles, and Watson— 19. NoBB— Meesra. Allen, George K. Anderson, Ayers, Barham, Manly Blair, Braxton, Bristow, Brown, Cameron, Carter, Cobb, Crismon Garnett, Gilmore, Glass, B. T. Gordon, James W. Gordon, Green, Grej Hamilton, Hancock, Hardy, Harrison, Ha' ton, Hunton, Ingram, G Lawson, Lovell, Marshall, Mcllwaine, Meredith, Miller, Thomas O'Flaherty, Parks, Pedigo, Pollard, Rives, Robertson, Stuart, 8umr Tumbull. Waddill, Walker. Wescott, Willis, Wise, Wysor, Yanoe President — 56. 1 Mr. MooRB, of Fairfax, announced that he was pa Digitized by CjOOQ IC 5F THE CONSTITUTIOKAL OONVBNTIOK. 293 had he been present, would have voted no, voted aye. landed, was then adopted. >osed the following amendment to section 12 : [lowing words in section 12, after the word : ** In case of the abolition of the corpora- urt of any city of the second class, such city ;ome in every respect within the jurisdiction of the county wherein it is situated, until by law, and the records of such corporation on become a part of the records of such circuit isferred thereto :'' and insert in lieu thereof s : In case of the abolition of the corpora- urt of any city of the second class, contain- nhabitants or more, such city shall thereupon cuit court, and become a part of the circuit Inch it is located, until otherwise provided jase of the abolition of the corporation or my city of the second class, containing less inhabitants, such city shall thereupon be- spect, within the jurisdiction of the circuit 7 wherein it is situated, until otherwise pro- the records of such corporation court shall a part of the records of such circuit and be ailed the pending question. The pending 3 red the vote was taken on the amendment, . QUARLES. ed. roposed to amend section 12 by adding after ," in line 64, the words "and during the rporation or hustings court the circuit court hich said city is situated shall have concur- Lth said corporation or hustings court in all d to. aended, was then adopted. ' moved to amend section 13 by striking out by the joint vote of the two houses of the " beginning in line 3, and insert the words iirect vote of the people ' ' — which was re- aoes, 51. )n, the vote was recorded as follows : m, Earman, Fletcher, Flood, Gilmore, Gillespie, B. T. ^. Jones, Lindeavt Marshall, Thomas L. Moore, Mnndy, mips, Pollard, Qaarles, Bummers, Wescott, and Mr. Digitized by ' 294 JOUBNAL OF THl OONSnTUTIOKAL COKYEKTIOH. NoM— MeflSTB. Allen, George K. Andenon, Ayers, Barbour, B&rba H. Barnes, Boaldin, Braxton, Bristow, Brown, Cameron, P. W. i Carter, Cobb, Orismond, Danawav, Fairfax, Garnett, Glass, James V/ B. L. Gk>rdon, Green, Grectory, Hamilton. Hancock, Hardy, Hatton Hanton, Ingram, Keezell, Lawson, Lovell, Mcllwaine, Meredith, Mc Walton Moore, Parks, Portlock, Robertson, Stebbins, Tarry, Thorn, Waddill, Walker, Watson, Willis, Wise, Woodhouse, and Yancey— 61. Section 13 was then adopted. Section 14 was then adopted. Mr. HuNTON moved to amend section 15, in line striking out the word " and " and inserting the word '* — which was agreed to. Mr. Parks moved to amend section 15 by adding to of the section the following words : * * and in the matte substitution of trustees.'* — which was agreed to. Section 15, as amended, was then adopted. Section 16 was then adopted. Mr. Marshall moved to amend section 17 by stril the words, beginning in line 3, ** shall be not less thai per annum, and " which was rejected — ayes, 25 ; noes, — and, on motion of Mr. Quarles, the vote was recc follows : Atbb— Messrs. George K. Anderson, Barb am. Manly H, Barnes, B< man, Earman, Fletcher, Flood« Gilmore, B. T. Gordon, Gwyn, Hooke Lawson, Lovell, Marshall, Moncare, Mnndy, O' Flaherty, Phillips, Robertson, Summers, Watson, and Yancey— 25. Nobs — ^Messrs. Allen, Ayers, Barbour, Boiildin, Braxton, Brieto^ Oameron, P. W. Campbell, Carter, Cobb, Criainond, Dunaway, Fairfai Gillespie, Glass, James W. Gordon. Green, Gregory, Hamilton, Hanco< IIatt/>n, Hanton, Ingram, G. W. Jones, Lincoln, Lindeay, Mcllwaine, II Walton Moire, Parks, Pollard, Portlock, Stebbins, Stuart, Tarr TurnbuU, Waddill, Walker, Wescott, Willis, Wise, and Mr. Preeident- The follo^^ing pairs were announced : Mr. Gordon, of Louisa, with Mr. Brooke. Mr. Moors, of Montgomery, with Mr. Vincent. The first named in each instance would have voted a Mr. Ayers moved to amend section 17 by adding ; word ** be," in line 7, the words '* not less than $2,50( num, one half of which shall be," which was rejecte< 34 ; noes, 39. — and, on motion of Mr. Marshall, the vote was rec follows : Atks— Messrs. Ayers, Barbour, Braxton, Brown, Cameron, P. W. Carter, Cobh, Crismond, Flood, Gillespie, James W. Gordon, Gregory, Hancock, Harrison, Hatton, Hunton. Inj?ram, G. W. Jones, L«wson, 1 Meredith, Pollard, Portlock, Stuart, Thorn, Turnbull, Waddill, Walke Willisi Wise, and Mr. President— 84. Digitized by Google NAL OF THB CONSTITUTIONAL CONVENTION. 295 len, George K. Anderson, Barham, Manly H. Barnes, Blair, itow, Chapman, Dunaway, Earman, Fairfax, Fletcher, Gar- , B. T. Gordon, R. L. Gordon, Green, Gwyn, Hardy, Hooker, klarshall, Miller, Moncure, Thomas L. Moore, Mundy, Phillipe, Quarlefl, Robertson, Stebbins, Summers, Tarry, jr— 39. )f Fairfax, announced that he was paired with ho, had he been present, would have voted aye, ave voted no. moved to amend by inserting after the word , the words '* not less than $2,000 per annum, licli shall be,'' and also by striking out the f," in line 10, which was agreed to — ayes, 42 ; )n of Mr. Marshall, the vote was recorded as 'ere, Barbour, Blair, Braxton, Bristow, Brown, Cameron, P. er, Chapman, Cobb, C ripmond, Dunaway, Fairfax, Flood, , Gordon, Gregory, Hamilton, Hancock, Harrison, Hatton, lirram, G W. Jones, Lawson, Lincoln, Mcllwaine, Meredith, lives, Stuart, Thom, Turnbull, Waddill, Walker, Wescott, r. President— 42. len, Georpe K. Anderpon, Barham, Manly H. Barnes, 6oaz, Fletcher, Garnett, Gilmore, B, T. Gordon, R L. Gordon, dv, Keezell, Lindsay, Lovell, Marshall, Miller, Moncure, Mundy, O' Flaherty. Parks, Phillips, Quarles, Robertson, Tarry, Watson, and Yancey— 33. oved to further amend section 17 by adding * court," in line 56, the words *' provided that f salaries herein provided for shall include jected. of Richmond, moved to amend by inserting * Richmond," in line 21, the words '' the sala- ds of city courts, in cities of the first class, shall $2,000 per annum." ;reed to. entered a motion to reconsider the vote by idment, proposed by Mr. Gordon, of Richmond, > section 5, was rejected. itered a motion to reconsider the vote by which iopted. moved to further amend section 17 by striking )rd *' paid," in line 33, the following : ** one-half IB Other half," also by striking out the word 35, and inserting in lieu thereof the words *' re- consideration of which the Convention, on PoRTLOCK, adjourned. Digitized by Gol 296 JOUBNAL OW THB OONSTITUTIONAL CONTENnOH. WEDNESDAY, JANUARY 8, 1902. The Convention assembled at 10 o'clock A. M. Pn Rev. Dr. W. F. Dunaway, of the Baptist church. The roll of the Convention was called and the to members were present and answered to their names : Messrs. Allen, George K. Anderson, W. A. Anderson, Ayers, Barb ham, Manly H. Barnes, Thomas H. Barnes, Blair, Bowles, Bould ton, Brietow, Brooke, Brown, Brown, Cameron, P. W. Campbell Chapm&n, Cobb, Crismond, Dunaway, Barman, Epes, Fairfax, Fletc more, Gillespie, Glass, B. T. Gordon, James W. Gordon, R. L. Gordo Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hot bard, Hunton, Ingram, Claggett B. Jones, G. W. Jones, Keezell. Lawson, Lincoln, Lindsay, Lovell, Marshall, Mcllwaine, Mereditl Moncure, R. Walton Moore, Thomas L. Moore, Mundy, Orr, Parks Phillips, Pollard, Portlock, Quarles, Richmond, Rives, Robertson, Stuart, Summers, Tarry, Thom, Thornton, Turn bull, Waddlll. Wal son, Wescott, Willis, Wise, Woodhoufle, Wysor, Yancey, and Mr. Presi The journal of yesterday's proceedings was read *< proved. Leave of absence was granted the following members Mr. Davis, three days, on motion of Mr. Pkdigo. Mr. Eggleston, three days, on motion of Mr. Kkeze Mr. Garnett, one day, to-day, on motion of Mr. F Mr. Wysor, one day, to-day, on motion of Mr. Ingr; Mr. Marshall proposed the following resolution : ** Resolved, That the Convention do proceed on Jam 1902, to take up the reports from the Committee on S and consider the same from day to day to the exclusio other business until the same is concluded." — which was ordered to lie on the table. The amendments to the rules as proposed by Mess LARD, Flood and Marshall were read. On motion of Mr. Pollard the consideration of the ment to the rules, as proposed by him, was postpone to-morrow. The amendment, as proposed by Mr. Barbour, to se of the report of the Committee on Judiciary, as amende committee of the whole, being the unfinished busim taken up. The vote being taken, it was rejected — ayes, 22 ; noe — and, on motion of Mr. Barbour, the vote was recc follows : Ates^ — ^Messrs. Barbour, Bristow, P. W. Campbell, Chapman, Duns man, Epes, Gilmore, R. L. Gordon, Hooker, Keezell, Lawson, Lind cure, Thomas L. Moore, Mundy, Phillips, Quarles, Elves, Stebbins, and Tliomton— 23- J Digitized by Google ►F THE OONBTITUTIOKAL (X)KYXNnOK. 297 George K. Anderson, W. A. Anderson, Ayers, Bar- Thomas H. Barnes, Blair, Bouldin, Braxton, Brooke, r, Cobb. Crismond, Fairfax, GilleBpie, Glass, B. T. n. Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, rd, Hunton, Ingram, Claggett B. Jones, O. W. Jones, I, Marshall. Mcllwaine. Meredith, Miller, R. Walton ird, Portlock, Robertson. Stuart, Tarry, Thorn, Tum- Wescott, Willis, Wise, Woodhouse, Yancey, and Mr. )sed the following amendment to section 17 : It all after the words " per annum " to the le 35. ;d. oposed as a substitute for the whole report, resent constitution, except as modified in ls follows : eneral Assembly at its first session after the nstitution, shall divide the State into not judicial circuits, equalizing as far as may the various circuits, and providing uniform ges. Greneral Assembly may re-arrange said cir- m, and increase or diminish the number Liblic interests require it at the end of periods Dved to amend section 17 by adding after the ine 56, the following : ** nothing herein con- nstrued to prevent the General Assembly ny county in the State, by the vote of its 's, to increase out of the treasury of such )f the circuit judge having jurisdiction over lied the pending question. The pending red, the vote was then taken on the amend- 9d. len adopted. [ to reconsider the vote by which section 17 ed. red to reconsider the vote by which section ch was agreed to — ayes, 45 ; noes, 37. f Mr. TuRNBULL, the vote was recorded as Ayers, Manly H. Barnes, Bouldin. Bristow, Brown, r. Chapman. Dunaway, Epes, Fairfax, Fletcher, Oil- B. T. Gordon, Hancock, Hatton, Hunton, Ingram, 3ditb, R. Walton Moore, Thomas L. Moore, Mundy, i|» Digitized by • -" 298 JOURKAL OW THB (X)K8TITUnONAL COKVENTTOK. Parks, Pedlgo, Pollard, Portlock, Quarles, Rives, Robertson, Stebbin Summers, Thom, Thornton, Waddill, Walker, Watson, Wise, Woodb Mr. President— 45. Noes — ^Messrs. George K. Anderson, W. A. Anderson. Barbour, Thomas H. Barnes, Blair, Boaz, Braxton, Cameron. Cobb, Crismond, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamlltor Harrison, Hooker, Claggett B. Jon/es, G. W. JoncB, Kendall, Lawson Lindsay, Lovell, Mcllwaine, MlUor, Orr,Phillips, Tarry, Turnbull, We^ lis, and Yancey — 37. Mr. MooRB, of Fairfax, then moved to amend secti line 21 , by striking out the words " 50,000 " and inser words *' 40,000/' and also substitute 40,000 for 50 line 26. Mr. DuNAWAY moved to amend the amendment by ii the words " 35,000 '' in lieu of '' 40,000.'' Mr. Lindsay called the pending question. The ] question being ordered, the vote on the amendraen amendment was taken. — and it was rejected. The vote was then taken on the amendment proposed MooRB, of Fairfax, and it was agreed to — ayes, 60 ; n On motion of Mr. Stuart the vote was recorded as i Ayes — ^Messrs. Allen, George K. Anderson, W. A. Anderson, Aj ham. Manly H. Barnes, Thomas H. Barnes, Bouldin, Braxton, Bristol Cameron, P. W. Campbell, Carter, Chapman, Dunaway, Earman, E fax, Fletcher, Gilmore, Gillespie, Glass, B. T. Gordon, James W Hamilton, Hancock, Hatton, Hunton, Ingrram, Claggett B. Jones Lincoln, Marshall, Meredith, R. Walton Moore, Thomas L. Moon Orr, Parks, Pedigo, Phillips, Pollard, Portlock, Quarles, Richmor Robertson. Stebbins, Stuart, Summers, Thom, Thornton, Waddill Watson, Willis, Wise, Woodhouse, and Mr. President — 60. Noes — Messrs. Barbour, Boaz, Cobb, Crismond, R. L. €rordon. Gr< ory. Gwyn, Hardy, Harrison, Hooker, G. W. Jones, Lindsay, Lovell, i Miller, Tarry, Turnbull, Wescott. and Yancey— 20. Mr. Turnbull moved to further amend section 9 bj after the word '* Assembly," in line 14, the following * ' after the expiration of four years from the adoption Constitution," which was agreed to — ayes, 44 ; noes, 3 — and, on his motion, the vote was recorded as follows Ates — ^Messrs. Allen, George K. Anderson, W. A. Anderson. Barl ham, Thomas H. Barnes, Boaz, Braxton, Brown, Cameron. P. W. Carter, Cobb, Crismond, Fairfax, Gilmore, B. T. Gordon, James \V R. L. Gordon, Gregory, Gwyn, Hardy, Harrison, Hooker, Hunton, G. Lawson, Lindsay, Lovell, Mcllwaine, Miller, Parks. Pollard, Stebbli Thom, Thornton, Turnbull, Wladdill, Walker, Wescott, Willis, Yance; President— 44. Noes— Messrs. Ayers, Manly H. Barnes, Blair, Bouldin, Bristow, Dunaway, Earman, Epes, Fletcher, Gillespie, Green, Hamilton^ 1 Digitized by Google rAL OW THB (X)K8TITnnOKAL OOVYESTLOV. 299 iggett B. Jones, Keezell, Kendall, Lincoln. Marshall, Mere- )re, Thomas L. Moore, Mundy, Orr, Pedlgo, Phillips, Port- mond. Rives. Robertson, Summers, Tarry. Watson, Wise, red to reconsider the vote by which the amend- 3d, which was agreed to^ayes, 42 ; noes, 38. otion, the vote was recorded as follows : 'ers. Manly H. Barnes, Blair, Bouldin, Bristow, Brooke, r. Barman, Epes, Fletcher, Gillespie, Glass, Hamilton, looker, Ingram. Claggett B. Jones, G. W. Jones, Keezell, Meredith, R. Walton Moore, Thomas L. Moore, Mundy, »s, Portlock, Quarles, Richmond, Rives, Robertson, Steb- ry, Thom, Thornton, Watson,and Wise— 42. len, George K. Anderson, W. A. Anderson, Barbour, Bar- imes, Braxton, Brown, Cameron, P. W. Campbell, Carter, irfax, Gilmore, B. T. Gordon, James W. Gordon, R. L. Gor- n. Hardy, Harrison, Hunton, Lawson, Lindsay, ' Lovell, Parks, Pollard, Stuart, Tumbull, WaddlU, Walker, Wes- , and Mr. President— 38. led the pending question. The pending ques- ed, the vote was taken on the amendment pro- TuBNBULL, and it was rejected — ayes, 41 ; n of Mr. Thom, the vote was recorded as fol- len, George K. Anderson, W. A. Anderson, Barbour, Bar- mes, Blair, Boaz, Braxton, Brown, Cameron, P. W. Camp- Crismond, Fairfax, Gilmore, B. T. Gordon, James W. Ion, Gregory, Hardy, Harrison, Hooker, Hunton, G. W. idsay, Lovell, Mcllwaine, Miller, Parks, Pollard, Tarry. Valker, Wescott, Willis. Yancey, and Mr. President— 41. ers. Manly H. Barnes, Bouldin, Bristow, Brooke, Chap- rman, Epes, Fletcher, Gillespie, Green, Gwyn, Hamilton, Ingram, Claggett B. Jones, Keezell, Kendall, Lincoln, Moncure, R. Walton Moore, Thomas L. Moore, Mundy, )8, Portlock, Quarles, Richmond, Rives, Robertson, Steb- Brs, Thom, Watson, and Wise— 41. of Richmond, moved to further amend section r the word *' Assembly," in line 14, the follow- Epiration of two years from the adoption of this ich was agreed to^ayes, 49 ; noes, 33. otion, the vote was recorded as follows : ien, George K. Anderson, W. A. Anderson, Ayers, Barbour. [. Barnes, Blair, Boaz, Braxton, Brown, Cameron, P. W. hapman, Cobb, Crismond, Fairfax. Gilmore, B. T. Gordon. I. L. Gordon, Gregory, Hamilton, Hardy, Harrison, Hooker, Uaggett B. Jones, Lawson, Lindsay, Lovell, Mcllwaine. >llard, Rives, Stebbins, Tarry, Thornton, Tumbull, Wad- a, Weecott. Willis, Yancey, land Mt. Preeldent— 49. Digitized by Goc 300 JOURKAL OW THB (X)K8TITUnOKAL CONVENTION. Noes— Messrs. Manly H. Barnes, Bouldin, Bristow, Brooke, Dunav man, Epes, Fletcher. Gillespie, Green, Gwyn. Hancock, Hatton, G. \ Keezell, Kendall, Lincoln, Marshall, Miller, R. Walton Moore, T^ Moore, Mundy, Orr, Pedigo, Phillips. Portlock, Quarles. Richmond, R Stuart, Summers, Wise, and Woodhouse— 33. Mr. Walker moved to reconsider the vote by wh amendment was adopted. — which was rejected. Section 9, as amended, was then adopted. Sections 18, 19, 20, 21 and 22 were then adopted. Mr. Gordon, of Richmond, moved to amend the rej adding the following as an independent section. *'The number and jurisdiction of the justices peace for each city and county shall be prescribed They shall be appointed by the judges of tlie circuit ci the respective cities and counties of the Commonwealth; in cities of less than ten thousand inhabitants which corporation or hustings court. In such cities they sbal pointed by the judges of said corporation or hustings coi cities which are authorized by law to have a police co police justice shall be elected as may be prescribed Justices of the peace may be removed in tlie manner pn bylaw." — to which Mr. McIlwaine offered the following amen Strike out all the words after the word ** be/' in line 5, sert the words ' ' elected by the qualified voters as pre bylaw." Mr. Meredith proposed the following as a substitute "The number and jurisdiction of the justices of th for each city and county shall be prescribed by law. counties and cities of the second class they shall be ele the people, as may be prescribed by law. In the citiei first class they shall be appointed by the judges of the l or corporation courts of the respective cities of the C( wealth. In cities which are authorized by law to have court, the police justice shall be elected or appointed as prescribed by law. Justices of the peace may be reir the manner prescribed by law." Mr. HuNTON called the pending puestion. The pendi: tion being ordered, the vote was taken on the araendme posed by Mr. McIlwaine to the amendment proposed Gordon, of Richmond, and it was adopted — ayes, 51 ; r — on motion of Mr. Thom the vote was recorded as foil Ayes — Messrs. George K. Anderson, W. A. Anderson, Barha: H. Barnes, Bouldin, Bristow, Brown, P. W. Campbell, Chapman. C mond, Dunaway. Earman, Fairfax, Fletcher, Gilmore, Gillespie, T. Gordon, Gregory, Gwyn, Hancock, Hardy, Harrison, Hooker, 1 Digitized by Google NAL OP THB CONSTITUTIONAL CONVENTION. 301 Keezell, Kendall, Lawsod, Lindsay, Lovell, Marshall, Mc- )ncure, Thomas L. Moore, Mundy, Orr, Parks, Pedigo, Phll- imond, Rives, Robertson, Summers, Thornton, Waddlll. President — 51. lien, Ayers, Barbour, Thomas H. Barnes, Boaz, Brooke, E3pes, James W. Gordon, R. L. Gordon, Green, Hamilton, . W. Jones, Meredith, R. Walton Moore, Pollard, Stebbins, ibull. Walker, Watson, Willis, and Woodhouse— 28. EC announced that he was paired with Mr. Yan- lie been present, would have voted aye, and he ed no. >ved to amend the amendment proposed by Mr. ihmond, as amended by adding to the section as irided, that justices of the peace for the cities of Lay be elected or appointed as may be prescribed jreed to. s then taken on the substitute as proposed by , and it was rejected — ayes, 37 ; noes, 42. Mr. Hatton the vote was recorded as follows : lien, George K, Anderson, W. A. Anderson, Ayers, Barbour. K Blair, Braxton, Cameron, Carter, Fairfax, Fletcher, Gil- jordon, R. L. Gordon. Green, Gregory, Gwyn, Hamilton, G. W. Jones, Kendall. Lincoln, Lovell, Marshall, Meredith, , Pollard, Stebbins, Tarry, Walker, Watson, Willis, Wise. -37. arham, Manly H. Barnes, Boaz, Bouldin, Bristow, Brooke, Jrismond, Dunaway, Earman, Epes, Gillespie, Glass, B. T. Hardy, Harrison, Hatton, Hooker, Hubard, Hunton, In- wson. Lindsay, Mcllwaine, R. Walton Moore, Thomas L. ligo, Phillips, Portlock, Quarles, Richmond, Rives. Robert- tiom, Thornton, TurnbuU, WaddiU, Wescott, and Wood- I offered the following as a substitute for the il Assembly shall provide by law for the appoint- n of such justices of the peace as the public in- quire, and shall prescribe their jurisdiction,'' pted — ayes, 48: noes, 30. )f Mr. Gordon, of Richmond, the vote was ows : Uen, George K. Anderson, W. A. Anderson, Ayers, Barbour, I, Barnes, Blair, Boaz, Braxton, Brooke, Brown. Cameron, imond, Epes, Fairfax, Fletcher, Glass, James W. Gordon, en, Gregory, Gwyn, Hamilton, Hardy, Hatton, Hunton, G. [, Lawson, Lincoln, Meredith, Miller, R. Walton Moore, Stebbins, Tarry, Thom, Turnbull, Walker, Watson, WlUis. and Mr. President — 48. 302 JOtmKAL Of THB OOKSTITtrrXOKAL COKTEKTIOir. Nobs — ^Messrs. Manly H. Barnes, Bouldin, Bristow, P. W. Campbe way, Earman, Gilmore, Gillespie, B. T. Gordon, Hancock. Harrison. Claggett B. Jones, Kendall, Lindsay, Lovell, Marshall, Mcllwaine, T: Moore, Mundy, Orr, Pedigo, Phillips, Quarles, Richmond, Rives, £ Thornton, Waddill, and Wescott— 30. Mr. Barbour moved to reconsider the vote by which t stitute h^ been adopted. — which motion was rejected. The vote was then taken on the original amende amended by the substitute. — and it was adopted. On motion of Mr. Marshall the Convention adjourn THURSDAY, JANUARY 9, 1902. The Convention assembled at 10 o'clock A. M. Fn Rev. Dr. Richard McIlwaine, of the Presbyterian chu The roll of the Convention was called and the fo members wiere present and answered to their names : Messrs. Allen, Qeorge K. Anderson, W. A. Anderson, Ayers, Barb ham, Thomas H. Barnes, Blair, Boaz, Bouldin, Braxton. Bristow, Brown, Cameron, Clarence J. Campbell, P. W. Campbell, Carter, i Cobb, Crlsmond, Dunaway. Earman, Bpes, Fairfax, Fletcher. Gar more, Gillespie, Glass, B. T. Gordon, James W. Gordon, R. L. Gordo Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hat ton, Hool ard, Hunton, Ingram, Claggett B. Jones, G. W. Jones, Keezell, Kend son, Lincoln, Lindsay, Lovell, Marshall, McIlwaine, Meredith, Mil cure, R. Walton Moore, Thomas L. Moore, Mundy, OFlaherty, On Pedigo, Phillips, Pollard, Portlock, Quarles. Richmond, Roberteon, Stuart, Summers, Tarry, Thom, Thornton, TurnbuU, Waddill, Wall son, Wescott, Willis, Wise, Woodhouse, Wysor, Yancey, and Mr. Presii The journal of yesterday's proceedings was read a proved. Mr. Glass proposed a substitute for the report of the ity of the Committee on the Elective Franchise. — which was ordered to lie on the table and be printed. Mr. Barboub proposed a substitute for the report Committee on the Elective Franchise. — ^which was ordered to lie on the table and be printed. Leave of absence was granted the following members Mr. BoLKN, two weeks, beginning January 1st, on mi Mr. WYSOk. Mr. Vincent, one week, on motion of Mr. Hamilton The amendment to the rules, as proposed by Messrs and Marshall, were read. 1 Digitized by Google AL OW THB OOKSTITUnOKAL OOKYXNTION. 30.-? Mr. Pollard the consideration of the amend- by himself and Mr. Flood, was postponed. \ reconsider the vote by which section 5 of the mmittee on Judiciary, as amended by the com- lole, proposed by Mr. Gbkbn, being the unfin- Lt was taken up, and Mr. Meredith moved to on to reconsider, which was rejected — ayes, 39 ; Mr. Meredith the vote was recorded as fol- A. Anderson, Blair, Boaz, Bristow, Clarence J. Campbell, hapman, Earman, Fletcher, Gamett, Oilmore, Gillespie, , Gregory, Gwyn, Claggett B. Jones, Keezell, Lincoln, Lind- 11, Meredith, Moncure, R. Walton Moore, Thomas L. Moore, Parks, Pedigo, Phillips, Pollard, Quarles, Summers, Wad- tt, Woodhouse, and Mr. President — 39. laen, Ayers, Barham, Thomas H. Barnes, Bouldin, rown, Cameron, Carter, Cobb, Crismond, Dunaway, Epes, [*. Gordon, Hamilton, Hancock, Hardy, Harrison, Hooker, W. Jones, Lawson, Mcllwaine, Miller, Orr, Portlock, Rob- hom, Thornton, TumbuU, Watson, Willis, Wise, Wysor, announced that he was paired with Mr. Eggles- Nere present, would vote no and he would vote then recurred on the motion to reconsider, called the pending question. The pending ordered, the vote, on the motion to reconsider, it was agreed to— ayes, 43, noes, 38. Mr. Meredith the vote was recorded as fol- 7, A. Anderson, Barham, Boaz, Bristow, Clarence J. I, Earman, Fletcher, Gamett, Gllmore, Gillespie, Glass, [y, Claggett B. Jones, G. W. Jones, Keezell, Kendall, Lin- II, Marshall, Meredith, Miller, Moncure, R. Walton Moore, , Mundy. G'Flaherty, Parks, Pedigo, Phillips, Pollard, mners. Walker, Wescott, Willis, Wise, Woodhouse, and Mr. len, Ayers, Thomas H. Barnes, Bouldin, Braxton, Brooke. \ W. Campbell, Carter, Cobb, Crismond, Dunaway, Epes, on, Gregory. Hamilton, Hancock, Harrison, Hatton, Hook- Q, Ingram, Lawson, Mcllwaine, Orr, Portlock, Robertson, om, 'iiimbull, Waddill, Watson, Wysor, and Yancey. — 38. I pairs were announced : th Mr. Vincent. of Richmond, with Mr. Thornton. with Mr. Eggleston. ned in each instance would have voted in the Digitized by G 304 ^OUlKKAt. Of talt OOKStrrtJTtOKAL OOKVXNTIOH. The question then being upon the motion of Mr. QuAi reconsider the vote by which the amendmeut to sectio proposed by Mr. Gordon, of Richmond, was rejected, reconsidered — ayes, 43 ; noes, 36. — and, on motion of Mr. Quarlbs, the vote was reco] follows : Ayes — Messrs. W. A. Anderson, Barliam, Thomas H. Barnes, Breutt tow. Carter, Chapman, Earman, Fletcher, Gamett, Gilmore, Gillespi Green, Gwyn. Hardy, Claggett B. Jones, G. W. Jones, Keezell. Kends say. Lovell, Marshall, Meredith. Miller. Moncure, R. Walton Moore, Tl Moore, Mundy, O'Flaherty, Orr. Pedigo. Phillips, Pollard, Robertson. I Summers, Walker, Wescott, Willis, Wise, Woodhouse, and Mr. Preside Noes — ^Messrs. Allen, Ayers, Boaz, Bouldin, Brooke. Brown, Camer ence J. Campbell, P. W. Campbell, Cobb, Crismond, Dunaway, Epes, B. T. Gordon, Gregory, Hamilton. Hancock, Harrison, Hatton. HooJ ard, Hunton, Ingram, Lawson, Mcllwaine, Parks, Portlock, Quarlei Thorn, Tumbull, Waddlll, Watson, and Wysor.— 36. The following pairs were announced • Mr. Gordon, of Richmond, with Mr. Thornton. Mr. Blair with Mr. Vincent. Mr. Barbour with Mr. Eggleston. The first named would have voted in the affirmative. The question then recuring on the amendment of M DON, of Richmond, to section 5, to strike out the words * by the joint vote of the two houses of the General Asse in lines 3, 4, and 5, and insert in lieu thereof the word pointed by the Governor, by and with the consent of tl eral Assembly in joint session." Mr. Glass called the pending question. The pendin tion being ordered, the vote was taken on the amendni< it was rejected — ayes, 32, noes, 48. — and, on motion of Mr. Pollard, the vote was reco follows : Ayes — Messrs. W. A. Anderson^ Thomas H. Barnes, Braxton, Car away, Fletcher, Gamett, Gilmore, Gillespie, Glass, Hardy, Hatton, CI Jones, Keezell, Kendall, Lovell, Marshall, Meredith, Moncure. R. Moore, Thomas L. Moore, Orr, Pollard, Robertson, Summers, Wal* oott, WUlis, Wise, Woodhouse, Yancey, and Mr. President — 32. Noes — Messrs. Allen, Ayers, Barham, Boaz, Bouldin, Bristow, Brown, Cameron, Clarence J. Campbell, P. W. Campbell, Chapman. O mond, E>arman, Epes, Fairfax, B. T. Gordon, R. U. Gordon Gregory, Gwyn, Hamilton, Hancock, Harrison. Hooker, Hubard, Hu gram, O. W. Jones, McDwaine, Miller, Mundy, O'Flaherty, Parks, Phillips, Portlock, Quarles, Richmond, Stebbins, Stuart, Tarry, Thoi bull, Waddill, Watson, and Wysor.— 48. 1 The following pairs were announced : Mr. Blair with Mr. Vincent. Mr. Gordon, of Richmond^ with Mr. Thornton. Digitized by VjOOQIC IKAL OP THfi CONfitlTUTlONAL CONVENTION. 305 R with Mr. Eggleston. med in each instance would have voted in the R offered the following amendment to section 5 it the words ** joint vote of the two houses of rt after the word Assembly, in line 5, the words lation of the Govfernor." r moved to amend the amendment by striking out iosen by the joint vote of the two houses of the ably '' and inserting the words ** elected in a prescribed by law.'' ejected. 1 then recuring on the amendment proposed by Mr. Ayers moved the previous question, ejected — ayes, 3G ; noes, 23. r then called the pending question. The pending J ordered, the vote was taken, and the amend- jted — ayes, 40 ; noes, 43. 5ion of Mr. Lindsay, the vote was recorded as 8V. A. Anderson, Thomas H. Barnes, Braxton, Bristow, Car- naway, Earman, Fletcher, Garnett, Gilmore, OiUespie, Glass. laggett B. Jones. Keezell, Kendall, Lawson, Lincoln, Lind- lall, Meredith, Moncure, R. Walton Moore, Thomas L. Moore. Pedlgo, Phillips, Pollard, Robertson, Summers, Walker, Voodhouse, Yancey, and Mr. President. — 40. Ulen, G«orge K. Anderson, Ayers, Barham, Boaz, Bouldln. ameron, Clarence J. Campbell, P. W. Campbell, Cobb, Cris- ax, B. T. (Jordon. R. L. Gordon, Green, Gregory, Gwyn, Ham- arrison. Hooker, Hubard, Hunton, Ingram, G. W. Jones, Mc- [undy. Parks, Portlock, Quarles. Richmond, Stebbins, Stuart, mbuU, Waddill, Watflon, and Wise.— 43. ig pairs were announced : irith Mr. Vincknt. , of Richmond, with Mr. Thornton. R with Mr. Eggleston. imed in each instance w^ould have voted in the is moved to amend section 5 as follows : aft(M' ?/' in line 3, insert the words **the Governor e eight lawyers of recognized standing from leral Assembly shall elect five judges." R called the pending question. The pending ; ordered, the vote was taken on the amendment, ?cted. ON proposed the following as a separate and in- tion of the report of the Committee on Judiciary, Digitized by VjOCI 306 JOURNAL OF THE CONSTITUTIONAL CONVENTION. ''The General Assembly shall have the right to prov whom and in what manner application for bail shall be and determined/' Mr. Anderson, of Alleghany, called the pending tion. The pending question being ordered the vote was and the section was agreed to — ayes, 59 ; noes, 14. — and, on motion of Mr. Hancock, the vote was recor follows : Ayes. — Messrs. AHen, George K. Anderson, W. A. Anderson, Ayers, 1 Thomas H. Barnes, Brooke, Brown, P. W. Campbell. Carter, Cobb, Ci Dunaway, Fairfax, Fletchar, Gernett, Gilmore, Gillespie, B. T. Gordo Gordon, Green, Gregory, Gwyn, Hamilton, Hardy, Harrison. Hooker. Hunton, Ingram, Claggett B. Jones, G. W. Jones. Keezell, Lawson Lindsay, Meredith, Miller, Moncure, R. Walton Moore, Mundy, 01 Orr, Parks. Phillips, Quarles. Richmond, Stebbins. Stuart Summers Thorn, Thornton, Tumbull, Waddill, Walker, Wescott. Willis, and Wis Noes. — Messrs. Bouldin, Bristow, Clarence J. Campbell Earraar James W. Gordon, Hancock, Hatton, Marshall, Mcllwalne, Pedigo, Robertson, and Woodhouse. — 14. The question then recurring on the substitute for the report, as proposed by Mr. Harrison, to which Mr. RoBi offered the following amendment : Strike out of section words ** provided, that counties containing less than thousand inhabitants shall be atttached to adjoining cc for the formation of districts for county judges,'* and in lieu the words *' provided, that several adjoining countie in the discretion of the Legislature, be united for the fori of districts for county judges." — which was accepted by Mr. Harrison as a part of his tute. Mr. Walker called the pending question. The p question being ordered, the vote was taken on tlie sub* and it was rejected — ayes, 27 ; noes, 50. — and, on motion of Mr. Harrison, the vote was recoi follows : Ayes. — Messrs. Bristow, Clarence J. Campbell, Chapman, Dunawi man, Epes, Fletcher, Gillespie. Gregory, Hancoclt, Harrison, Hooker. Ingram, Claggett B. Jones, Keezell. Lincoln. Marshall, Moncure. Th Moore, Mundy, Pedigo, Phillips, Portlock, Quarles, Robertson, and ton.— 27. Noes. — Messrs. Allen, W. A. Anderson, Ayers, Barbour, Barham. H. Barnes, Boaz, Bouldin, Braxton, Brooke, P. W. Campbell, Carte Crismond, Fairfax, Garnett, Gilmore. Glass, B. T, Gordon, James W. R. L. Gordon, Green, Gwyn, Hamilton, Hardy, Hatton, Hunton, G. V I^wson, Lindsay, Mcllwalne, Meredith, Miller, R. Walton Moore. 0*1 Orr, Parks, Pollard, Richmond, Stuart, Summers. Tarry, Thorn, 1 Waddill, Walker, Westcott, Willis, Wise, and Wtxjd house.— 50. \ Digitized by Google. rRNAL OF THE CONSTITUTIONAL CONVENTION. 307 as then adopted. Mr, Hunton then moved the bhe report of the Committee on Judiciary, as he Convention, and called the pending question, question being ordered, the report was adopted, jj then moved to refer it to the Committee on fi and Adjustments of the various provisions of ion that may be agreed upon, and upon the ch was agreed to. )f Mr. McIlwaine the Convention resoWed itself tee of the whole, upon the report of theCommit- ition and Public Instruction, Mr. Parks in the time passed in the committee of the whole, the iumed the chair and Mr. Parks reported that the id risen without coming to any conclusion upon ferred to them. f two o'clock having arrived, the President de- nvention adjourned until to-morrow at 10 A. M. FRIDAY, JANUARY 10, 1902. ition assembled at 10 o'clock A. M. Prayer by eiard McIlwaine, of the Presbyterian church. the Convention was called and the following e present and answered to their names : , George K. Anderson, W. A. Anderson, Barbour, Manly las H. Barnes, Blair, Boaz, Bouldin, Braxton, Bristow, Brooke, I, Clarence J. Campbell, P. W. CampbeU, Carter, Chapman, Dunaway, Earman, Epes, Fairfax, Fletcher, Q&rnett, Gilmore, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Gregory, , Hancock, Harrison, Hatton, Hooker, Hubard, Hunton, In- [. Jones, G. W. Jones, Keezell, Kendall, Lawson, Lincoln, Lind- shall, McIlwaine, Meredith. Miller, Moncurc, R. Walton Moore, re. MuDdy. O'Flaherty, Orr, Parks, Pedigo, Phillips, Pollard. s, Richmond, Rives, Robe rtson, Stebbins, Stuart, Summers, lornton. Turnbull. Vincent. Waddill, Walker, Walter, Watson, Wise, Withers, Woodhoune, Wysor, Yancey, and Mr. Presi- l of yesterday's proceedings was read and ap- TTON, Thom, Brooke, and Portlock, presented I the Methodist Ministers of Norfolk, Portsmouth, vicinity, relating to licensing the sale of intoxi- ;, which were referred to the Committee on Pre- II of Rights. r Digitized by Goos 308 JOURNAL OP THB CONSTITUTIONAL CONVENTION. Leave of absence was granted the following members : Mr. Barham, two days, to-day and to-morrow, on mot Mr. Barnes, of Nansemond. Mr. Ayers, one day, to-day, on motion of Mr. Marsha On motion of Messrs. Pollard and Marshall, the cor ation of the proposed amendments to the rules was posti Mr. Brooke, from the Committee on tlie Orgauizatio Government of Cities and Towns, made a report, whic ordered to be printed and referred to the committee whole. On motion of Mr. McIlwaine, the Convention resolved into a committee of the whole, upon the report of the Co tee on Education and Public Instruction, Mr. Parks i chair. After some time passed in the committee of the whol President resumed the chair, and Mr. Parks reported th commitcee had had under consideration the report of the raittee on Education and Public Instruction, to them ref and had directed him to report the same with amendmen On motion of Mr. McIlwaine, the report of the Comi on Education and Public Instruction, as amended by the mittee of the whole, was ordered to lie on the table a printed; and on his further motion, 500 copies of the i were ordered to be printed. On motion of Mr. Hunton, 500 copies of the report < Committee on Judiciary, as adopted by the Convention, ordered to be printed. On motion of Mr. Barnes, of Nansemond, the report < Committee on the Organization and Government of Cou as amended by the committee of the whole, was taken ui Mr. QuARLES moved to amend section 1 , in line 14, by sti out the words ** who shall not be elected nor serve for than two consecutive terms, nor shall he act as deputy f immediate successor.'' Mr. Wescott called the pending question. The pe question being ordered, the amendment was rejected— 41 ; noes, 43. — and, on motion of Mr. Quarles, the vote was record follows : Ate8 — Messrs. AUen, W. A. Anderson, Manly H. Barnes, Bristow, I Brown, Clarence J. Campbell, P. W. Campbell, Carter, Chapman. Cobl mond, Earman, Epes, Gillespie. R. L. Gordon, Green, Gregory, Hamiltoi cook, Hooker, Hubard, Ingram, Claggett B. Jones, Kendall. Lincoln, B ton Moore, Mundy, Pedigo, Phillips, Portlock, Quarles, Rives, RohertsoD mers. Tarry, Thom, Vincent, Willis, Wise, and Withers. — 41. Noes — Messrs.George K. Anderson. Barbour, Thomas H. Barnes, Blair Bouldin, Dunaway. Fairfax. Garnett, Gilmore, James W. Gordon, Gwyn, son, Hatton, Hunton, G. W. Jones, Keezell, Lawson, Lovedl, Marshall, Digitized by Google JRNAL OK THE CONSTITUTIONAL CONVENTION. 309 Miller, Moncure, Thomas L. Moore, O'Flaherty, Orr, Parks, id, Stebbins, Stuart, Thornton, Turnbull, Waddill, Walker, Wescott, Woodhouse, Wysor, Yancey, and Mr. President. — 43. 50N moved to reconsider, and to pass by his mo- ider. The motion to pass by was rejected. n to reconsider was then rejected — ayes, 38 ; tion of Mr. Harrison, the vote was recorded as Allen. W. A. Anderson Manly H. Barnes, Bri»tow, Brooke, J. Oampbell. P. W. Campbell, Carter. Chapman, Cobb, Cris- Epes, Gillespie R. L. Gordon, Gregory, Hamilton, Hancock. I, Hubard, Ingram, Claggett B. Jones, Kendall. Lincoln, R. lundy, Pedlgo, Phillips, Portlock, Quarles. Rives, Robertson, icent, and Withers.— 38. George K. Anderson, Barbour, Thomas H. Barnes, Blair, Boaz, y, Fairfax, Gamett, Gilmore, James W. Gordon, Green, Gwyn, G. W. Jones. Keezell, Lawson, I^ovell, Marshall, Mcllwaine. Moncure, Thomas U Moore, O'Flaherty. Orr, Parks, Pollard, ins, Stu-art, Summers, Thornton, Turnbull, Waddill, Walker, Wescott, Willis, Wise, Woodhouse, Wysor, Yancey, and 14. [ERTV then moved to amend section 1 by striking i, the words ** and there shall be appointed, in a Jed by law.'* I called the pending question. The pending ques- dered, the amendment was rejected — ayes, 29 ; tion of Mr. O'Flahkrty, the vote was recorded Manly H. Barnes, Bristow, Clarence J. Campbell, P. W. 7ay, Earman, Garnett, Gillespie, Gwyn, Hancock, Harrison, Ingram, Lincoln, Lovell, Thomas L. Moore, Mundy, O'Fla- go, Phillips, Portlock, Quarles, Richmond, Rives, Stuart, •alter. — 29. Allen, George K. Anderson, W. A. Anderson, Barbour, Thomas Boaz, Bouldln, Brown, Carter, Cobb, Crismond, Epes, Fairfax. Gordon, James W. Gordon, Green, Gregory, Hooker, Hunton, fzell, Kendall, Lawson, Marshall, Mcllwaine, Miller, Moncure, t. Parks, Pollard, Robertson, Stebbins, Tarry, Thornton, Turn- addiai, Walker, Watson, Willis, Wise, Withers, Woodhouse, ind Mr. President. — 48. ng pairs were announced : v^ith Mr. Gordon, of Louisa. of King and Queen, with Mr. Wkscott. med would have voted in the affirmative. RS moved to amend section 1 by inserting after •ne attorney for the Commonwealth/' the words B elected by the qualified voters of the judicial Digitized by Googk r 310 JOURNAL OF THE CONSTITUTIONAL CONVENTION. circuit in which said county is situated, and shall perfor duties of said office for all the counties composing said ju circuit/' Mr. Stebbins called the pending question. The pe (juestion being ordered, the amendment was rejected — aye noes, 53. ^-on motion of Mr. Marshall the vote was recorded lows : AYEs—^Messrs. Barbour, Manly H. Barnes, Blair, [*. W. Campbell. CI Glass, R. L. Gordon, Green, Gwyn, G. W. Jones. Marshall, Miller, Rl< Robertson, TurnbuH, Waddill, Watson, Wescott, Withers, and Mr. Pres 20. Noes — Messrs. Allen, George K. Anderson, W. A. Anderson, The Barnes, Bouldin, Bristow, Brooke, Brown, Clarence J. Campbell, Carte Crlsmond, Dunaway, Epes, Fairfax, Garnett, Gil more, Gillespie, Ja Gordon, Gregory, Hancock Harrison, Hatton, Hooker, Hubard, Hun gram, Keezell, Kendall, Lawson, Lovell, Mcllwaine, Meredith, R. Moore, Mundy, O'Flaherty, Orr, Parks, Pedigo. Phillips, Pollard, P Quarles, Rives, Stebbins, Stuart, Summers, Tarry, Vincent, Walker, Willis, and Wysor.— 53. Mr. Earman announced that he was paired with Mr. Ln who had he been present would have voted aye and he have voted no. Mr. Meredith moved to amend section 1 by insert line 3 after the word '* Commonwealth/' the words " the General Assembly shall prescribe that tliere shall be € a district attorney for one or more counties." Mr. Garnett called the pending question. The p^ question being ordered, the amendment was rejected — ay( noes, 45. ^-on motion of Mr. Marshall the vote was recorded Iowa : Ayes — Messrs. Allen, Barbour, Manly H. Barnes, Blair. Boaz, Browi Campbell, Chapman, Fairfax, Gllmore, Glass, James W. Gordon, R. L. Green, Gwyn, G. W. Jones, Keezell, Lindsay, Marshal!, Meredith, Mill^ cure. Parks, Richmond, Robertson, Stebbins, TurnbuU, Waddill, Wats( cott, Willis, Wise, Withers, and Mr. President.— 34. Noes — Messrs. George K. Anderson, W. A. Anderson, Thomas H. Bouldin, Bristow, Brooke, Clarence J. Campbell, Carter, Co'bb. Cr Dunaway, E:arman, Epes, Garnett. Gillespie, B. T. (rordon. Gregory, t Harrison, Hatton, Hooker, Hubard, Hun ton, Ingram. Kendall, Liawson Mcllwaine, R. Walton Moore, Mundy, O'Flaherty, Orr, Pedigo, PhllUi lock, QuaTles, Rives. Summers, Thornton, Vincent, Walker, Walter, house, Wysor, and Yancey. — 45. Mr. Pollard announced that he was paired witli Mr, ^ of Montgomery, who, had he been present, would liave no, and he would have voted aye. Mr. Withers naoved to eimend section i by inserting \ I Digitized by VjOOQIC_ RNAL OF THB CONSTITUTIONAL CONVENTION. 311 )rd '* sherifiF," the words " who shall, in addition s sheriff, perform the duties of treasurer as are y hereafter be prescribed by law : provided, that more than thirty thousand inhabitants the oflBce lay be created by law." tiled the pending question . The pending question the amendment was rejected — ayes, 31 ; noes, 42. bion of Mr. Withers, the vote was recorded as Alien, Barbour, Blair, Boaz, Carter, Fairfax, James W. Gor- on. Green. Gregory. Gwyn. Harrison, Hubard, G. W. Jones, 1. Mcllwaine, Meredith. Miller, Pollard, Quarles, Richmond, Turnbull, Waddill. Walker, Walter, Wescott, Wise, and Mr. George K. Anderson, \V. A. Anderson, Manly H. Barnes, es, Bouldin, Bristow. Brown, Clarence J. Campbell, P. W. an. Crismond, Dnnaway, Earman, Epes, Gamett, Gilmore, k. Hat ton, Hooker, Hun ton. Ingram, Keezell, Kendall, Law- alton Moore, Mundy, Orr. Parks, Pedigo, Phillips, PorUock, Thornton, Vincent, Watson, Willis, Woodhouse, Wysor, and ig pairs were announced : US with Mr. Flktchkr. rith Mr. Brooke. [nod would have voted in the affirmative. f moved to amend section 1 by inserting in line >rd '' sheriff/' the words ** who shall, in addition s sheriff, perform the duties of treasurer as are y hereafter by prescribed by law : provided, that more than fifteen thousand inhabitants the office lay be created by law/' L moved to amend the amendment by striking and inserting ** ten." ejected. 1 coming up on the amendment proposed by Mr. Turnbull called the pending question. The iion being ordered, it was rejected — ayes, 30 ; iion of Mr. Lindsay, the vote was recorded as lUcn. George K. Anderson. Barbour, Boaz, Carter, James W. Gordon, Green, Gregory, Gwyn, Harrison, Lawson, Marshall. Mcllwaine, Meredith, Miller, Moncure, Pollard, id, Summers, Tarry. Tiirnbiin. Waddill, Walter, Wescott, jsident — 30. fanly H. Barnes, Thomas H. Barnes, Blair, Bouldin, Bristow. larence J. Campbell, P. W. Campbell, Cobb, Crismond, Dun- Epes, Fairfax, Garnett, Gilmore, Gillespie, B. T. Gordon, Digitized by Gool 312 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Hamilton, Hancock, Hatton, Hooker, Hunton, Ingram. Cla^gett B. Kendall, R. Walton Moore, Mundy, OTlaherty, Orr, Parko, Pedigo, 1 Portlock, Rives, Robertson, Stebblns, Thom, Thornton, Vincent, Walk* son, Woodhouse, Wysor, and Yancey. — 46. Mr. Withers announced that he was paired witl Fletcher, who, had he been present, would have vot^ and he would have voted aye. Mr. Richmond then moved to amend section 1 by ins in line 17, after the words ** shall be,'' the words **electe Mr. Glass called the pending question. The pc question being ordered, the amendment was adopted — ay( noes, 37. — and, on motion of Mr. Richmond, the vote was recor follows : Ayes — Messrs. Allen, Manly H. Barnes. Blair, Brlstow, Brown. Cls Campbell, P. W. Campbell. 'Chapman, Diin^away, Barman, Garnett, G Gregory, Gwyn, H*amilton, Hancock, Harrison, Hatton, Ingram. Clai Jones, Lawson, Lovell, Marshall. Moncure, R. Walton Moore. Mund! herty, Orr, Pedigo, Phillips, Quarles, Richmond. Rives, Stuart. Summen Thom, Thornton, Vincent, Walter, and Mr. President— 41. Noes — Messrs. George K. Anderson, W. A. Anderson, Barbour. Th( Barnes, Boaz, Bouldin, Carter, Cobb, Crismond, Epes, Fairfax. Gilraon James W. Gordon, R. L. Gordon, Green, Hooker, Hunton, G. W. Jones, Kendall, Lindsay, Mcllwainc. Meredith, Parks, Pollard, Robertson, £ Turnbull, WaddHl, Walker, Watson, Wescott, Wise, Withers, Woodho Wysor.— 37. Mr. Brown moved to amend section 1, in line H, afi work ** clerk'' insert the words ** except tliat the C Assembly may provide for the election in counties of a lation of 20,000 or more, of a clerk for the county, whc be clerk of the board of supervisors, recorder of deeds ] county, and who shall have charge of the land books charged with such other duties as may be prescribed by Mr. Harrison moved to amend the amendment by si out the words ** in counties of a population of 20,000 or i — which was rejected. The vote then being taken on the amendment proposed : Brown, it was rejected — ayes, 8 ; noes, 71. — and, on motion of Mr. Brown, the vote was recorded lows : Ayes — Messrs. Brown, Chapman, Barman, Gillespie, Harrison, Keei and Summers. — 8. Noes — Messrs.AUen, George K. Anderson, W. A. Anderson. Barbou H. Barnes, Thomas H. Barnes, Blair, Boaz, Bouldin, Bristow. Brooke. J. Campbell, P. W^ Campbell, Carter, Cobb, Crismond. Dunaway, Ep fax, Garnett, Gilmore, Glass. B. T. Gordon, James W. Gordon, R. L. Green, Gregory, Gwyn, Hamilton, Hancock, Hatton, Hooker, Hunton, Olaggett B. Jones, G. W. Jones, Lawson, Llndsfiy, Lovell Marshall, 'Mi Digitized by VjOOQIQ THE CONSTITUTIONAL CONVENTION. 313 K R. Walton Moore, Thomae L. Moore. Mundy, , Phillips, Pollard, Portlock, QUarles, Richmond, s. Thorn. Thornton. Turnbuai, Vincent, Waddlll, Wal- scott. Withers, Woodhouse, Wysor, and Mr. Presi- ed to further amend section 1 , at the end J the words ** but should such commission- ! chosen by election, then they shall be in- n to the office the next succeeding term/' leration of which, on motion of Mr. Wise, irned. :DAY, JANUARY 11, 1902. isembled at 10 o'clock A. M. Prayer by AWAY, of the Baptist church, onvention was called and the following nt and answered to their names : . Anderson, W. A. Anderson, Ayers, Barbour, Manly rnes, Blair, Boaz, Bouldin, Braxton, Bristow, Brooke, Carter, Chapman, Cobb, Dunaway, EJarmfan, Epes, e, Glass, B. T. Gordon, James W. Gordon, R. L. Gor- nilton. Hancock. Hardy, Harrison, Hooker, Hubard, t B. Jones, G. W. Jones, Keezell, Kendall, Lawson. I, Mcllwaine, Meredith, Miller, Moncure, Thomas L. ty, Orr, Parks, Pedigo, Phillipe, Pollard, Portlock. es, Robertson, Stebbins, Stuart, Summers, Tarry, II, Waddill. Walker. Walter. Watson. Wescott. Willis. 36, Wysor, Yancey, and Mr. President. — 82. sterday's proceedings was read and ap- vvas granted tho following members : irfax, one day, to-day, on motion of Mr. > days, to-day and Monday, on motion of semond. 3 day, on motion of Mr. Moncurk. lay, to-day, on motion of Mr. Portlock. lite leave, on motion of Mr. Marshall. BW Kent, three days, on motion of Mr. 3 day, to-day, on motion of Mr. Jones, of days, on motion of Mr. Joj^ys, of King Digitized by ' 314 JOURNAL OF THE CONSTITUTIONAL CONTENTION. r Mr. Cameron, one day, to-day, on motion of Mr. Ha> Mr. Stebbins, three days, on motion of Mr. Bouldin, Mr. Kendall, two days, on motion of Mr. Hooker. Mr. PoRTLOCK, one day, on motion of Mr. Wysor. Mr. Green, three days, beginning to-day, on motion Withers. Mr. WooDHousE, three days, on motion of Mr. Linco] Mr. Willis, two days, on motion of Mr. Gordon, of Mr. Cobb, two days, on motion of Mr. Turkbull. Mr. Anderson, of Alleghany, two days, on motion LOVELL. Mr. Barbour moved that when the Convention adjoi day, it adjourn to meet on Monday at 12 o'clock M. — which was agreed to. Mr. Walker, from the Committee on Accounts and ditures, reported the following resolution, and recommei adoption : Whereas, the Committee on Public Institutions and ] acting under a resolution adopted in the Convention o 20, 1901, directing the said committee to make arranj to have the law library kept open from 9 A. M. to 6 P. ing the sessions of the Convention, did make such a ments, whereby the librarian and janitor of said librai required to remain on duty for an extra period of tw each day during the time when the court of appeals wa actual session ; and. Whereas, the said librarian and janitor have pres claim before your committee for compousation for ext: from the time such arrangement was made until Nc 12th, the beginning of the session of the Supreme ( Appeals, which claim your committee n^gard as reasons proper; therefore, be it Resolved, That the sum of $125.00 be allowed to* Turner, librarian, and the sum of $65.00 be allowed to Brown, the janitor, for the extra service aforesaid. — and, on his motion, it was adopted. And he also made the following recommendation to i vention : ** Whereas numerous applications have been made totl tary of the Convention for the positions of committee ( place of three clerks who have resigned, the Committe counts and Expenditures having looked into the questic necessity of filling these vacancies, are of the opinion, recommend to the Convention, that inasmuch as the be done by clerks of committees is greatly reduced, th* necessity that the said vacancies be filled, the present force being amply sufficient.'* — which recommendation was concurred in. \ Digitized by Goo$ . OF THE CONSTITUTIONAL CONVENTION. 315 nt proposed by Mr. Kekzell to section 1 of the ommittee on the Organization and Government as amended by the committee of the whole, shed business, was taken up. moved to add after the word ** election *' the people.'' reed to. of Nansemond, called the pending question, uestion being ordered, the amendment was 12 ; noes, 26. n of Mr. Gordon, of Richmond, the vote was 'WS : orge K. Anderson. W. A. Anderson, Ayers, Barbour, The- ir, Boaz, Bouldin, Chapman. Epes. F^airfax, Gilmore, B. T. Tordon. Gwyn, Hardy, Hooker, Hunton. Claggett B. Jones, ill, Kendall, Lawson, bovell. Marshall, Meredith, Miller. Fliaherty, Parks, Richmond, Stebbins, Thornton. Turnbull, 'escott, Willis, Withers, Woodhouse, Wysor, Yancey, and en, P. W. Campbell. Carter, Cobb, Dunaway, Earman, Gil- , Hamilton, Hancock. Harrison, Hubard. Ingram, Lincoln. L. Moore. Orr, Pedigo. Phillips, Portlock, Quarles, Robert- Thorn, and Walter.— 26. pairs were announced: th Mr. Grkgorv. with Mr. Waddiij.. with Mr. Rives. % with Mr. Bristow. led in each instance would have voted in the moved to further amend section 1, in line 20, the words ** one superintendent of the poor, surveyor.*' 4 called the pending- question. The pending rdered, the amendment was rejected — ayes, 23 ; otion, the vote was recorded as follows : [en, Barbour, Blair, Boaz, Garter, Cobb, James W. Gordon. :ory, Hamilton, Hardy, Harrison, Hunton, Kendall, Lin- jbbins, Turnbull. Watson, Wescott, WUlis. Withers, and ►orge K. Anderson. W. A. Anderson, Ayers, Thomas H. pistow, Brown, Chapman, Dunaway, Earman, Epes, Fair- ipie, B. T. Gordon. Gwyn. Hancock, Hooker, Hubard, In- ones, G. W. Jones, Keezell, Lawson, Ijovell, Marshall, Mc- liller, Moncure, Thomas L. Moore, Mundy, O'Flaherty. Orr. ips, Portlock. Queries, Richmond, Rives. Stuart. Summers, addill. Walker, Walter, Woodhouse. Yancey, and Mr. Presi- Digitized by Go( 316 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Parks moved to amend section 1, by inserting 20, before the word **one" the words *' there shal pointed in such manner as may be provided by law." Mr. Summers offered the following amendment in thi of a substitute for the amendment proposed by Mr, insert in line 20 before the word ** one "the words '' thi be elected by the people." Mr. Thornton called the pending question. The question being ordered, the amendment proposed by IS MERs was rejected — ayes, 11 ; noes, 49. — and, on motion of Mr. Summers, the vote was rec< follows : Ayes— Messrs. Blair, Bristow, Earman, Gwyn, Marshall, Thomas Mundy, Pedlgo, Phillips, Summers, Tarry, and Walter.— 11. Noes — Messrs. Allen, George K. Anderson. W. A. Anderson, Barboi H. Barnes, Boaz, Bouldin, Brown, P. W. Campbell. Carter, Cobb, Ei>es, Fairfax, GiJmore, B. T. Gordon, James W. Gordon, R. L. Gordoi Hancock. Hardy, Harrison, Hooker, Hubard, Hun ton. Ingram, C Jones, G. W. Jones, Keezell, Lawson, Lovell, Mcllwaine, Miller, C Portlock, Rives, Robertson, Stuart, Thornton, Tin nbull, Waddill. Wj cott, Willis, Withers, Wysor, Yancey, and Mr. President.— 49. Mr. Gillespie announced that he was paired w Meredith, who, had he been present would have v< and he would have voted aye. The question then recurring on the amendment pro] Mr. Parks it was adopted. Mr. Parks moved to further amend section 1 in liu striking out the words *' commissioners of the reve: number of whom, and'* and inserting the words '* < missioner of the revenue for each county : provided, counties of 30,000 or more there may be two commiss: revenue of such county.'' Mr. Gillespie called the pending question. The question being ordered, the vote was taken on the am and it was rejected. Section one as amended was then adopted. Mr. Withers moved to reconsider the vote by whicl one was adopted, whicli motion w^as decided in the nej Mr. Richmond moved to amend section 2 after t ** county," in line 8, by inserting the words ** may, discretion, require all able bodied male persons, betA ages of sixteen and fifty years, to work on some publii the vicinity where such person resides, not less than t more than five days in each year, without compensatic such regulation as may be provided by law.'' Mr. Thornton called the pending question. The 1 Digitized by Google ►F THE CONSTITUTIONAL CONVENTION. 817 -dered, the amendment was rejected — ayes, of Mr. TuRNBULL, the vote was recorded as s Cobb, Gregory, Hardy, Claggett B. Jones, G. W. Jones, /Richmond, Tarry, Thorn. V^illis, and Woodhouse.— 14. •ge K Anderson, Barbour, Manly H. Barnes, Thomas az Bouldin. Bristow, Brooke, Brown, P. W. Campbell, la'w^ay, Karman, Epes, Pairfax, Gilmore, Gillespie. B. T rdon R. I^- Gordon, Hancock, Hooker, Hunton, Ingram icoln' I^vell, Marshall, Mcllwaine, Miller, Thomas U lerty' Parks, Pedigo, Phillips, Pollard, Portlock, Robert Summers, Thornton, Turnbull, Waddill, Walker. Wat s, Wysor, Yancey, and Mr. President. — 55. then moved to amend section 2 after the word ? 8, by iuserting the words ** and the board of le counties of Scott, Lee, Wise, Dickenson, ington, Grayson, Carroll and Mecklenburg, cretion, require all able bodied male persons, of sixteen and fifty years, to work on some e vicinity where such person resides, not less ore than five days in each year, without com- iedj such person may furnish a sufficient sub- his stead, and in addition thereto levy a tax cents on the one hundred dollars in value of nal property for work purposes/' ►f Nanseniond, called the pending question. stion being ordered, the amendment w^as re- rv moved to amend section 2, in line 5, by in- vord * * supervisor " the words *' not more than he peace, one constable, and one overseer of ' Barbouk called the pending question. The beinfiC ordered, the amendment was rejected — i of Mr- O'Flaherty, the vote was recorded TC Anderson, W. A. Anderson, Manly H. Barnes. Bris- ^^^I'esoie, B. T. Gordon. Hancock, Ingram, Keezell, Lin- \ T-homas L. Moore. Mundy, O'Flaherty, Orr, Parks. d Richmond. Stuart. Summers, Thornton, Waddill, and Avers Barbour, Thomas H. Barnes, Boaz, Bouldin, »' Vibel'l Carter, Chapman, Cobb. DunaAvay. Epes, Fair- Cam^ Oordon. Gregory, Hardy, Hooker. Hunton, Clag- , K" Kendall. I^wson. Mcllwaine, Portlock, Hives, Rob- '"^TurnbuU. Watson, Wescott, Willis, Withers. Wysor. Digit^d by * 318 JOtJRNAL OP THE CONSTITUTIONAL CONVENTION, Section 2, as amended, was then adopted. Mr. Withers moved to reconsider the vote by which 2, as amended was adopted, which motion was rejected. Section 4 was then adopted, and Mr. Thornton m< reconsider the vote by which section 4 was adopted, motion was rejected. Sections 5 and 6 were then adopted. The amendment proposed by the committee of the w an independent section was then adopted as section 7. Mr. Barnes, of Nansemond, then moved that the re the Committee on the Organization and Government of Co as amended, be adopted by the Convention, and referred Committee on Final Revision and Adjustment of the ^ provisions of the Constitution that may be agreed upc upon the schedule, which was agreed to. Mr. Ayers, from the Committee on Public Institutic Prisons, reported a substitute for the report of the com which was ordered to be printed and referred to the con of the whole. On motion of Mr. Turnbull the Convention adjourm J' MONDAY, JANUARY 13, 1902. The Convention assembled at 12 o'clock M. Prayer t Dr. R. P. Kerr, of the Presbyterian church. The roll of the Convention was called and the fol members were present and answered to their names • Messre. Allen, W. A. Anderson, Ayers, Barbour, Thomas H. Bam Boaz, Boaldin, Braxton, Brooke, Brown, P. W. Campbell, Carter, C Davis. Dunaway, Earman, Eggleston, Epes, Fairfax, Fietclier, Gihnore, < B. T. Gordon, James W.Gordon, R. L. Gordon, Gregory ,Gwyn, Hamilton,! Hardy, Harrison, Hooker, Hunton, Ingram, Claggett B. Jones, G. \^ Keezell, Lawson, Lincoln, Lindsay, Lovell, Marshall, McUwaine, 1^ Miller, Moncure, R. Walton Moore, Thomas L. Moore, Mundy, O'l Orr, Parks, Pediaro, Phillips, Pollard, Quarles, Richmond, Rives, R* Stuart, Summers, Tarry, Thorn, Thornton, Turnbull, Waddill, Walker, Walson, Wescott, Withers, Wysor, Yancey, and Mr. President — 75. The journal of Saturday's proceedings was read a proved. Mr. Hooker presented a petition from three teac Patrick county, relating to compulsory education, whic referred to the Committee on Education and Public Instr Leave of absence was granted the following members Mr. Thornton, one day, to-morrow, on motion of Mr TON. L Digitized by Google HE CONSTITUTIONAL CONVENTION. 819 r, to-day, on motion of Mr. Gordon, of 7, to-day, on motion of Mr. Barnes, of ay, to-day, on motion of Mr. Hamilton. ay, to-day, on motion of Mr. Barbour. lUARLES be was excused for his absence : sickness. i^ERS, the Convention resolved itself into ole, upon the report of the Committee and Prisons, Mr. Barbour in the chair, ied in the committee of the whole, the 5 chair, and Mr. Barbour reported that under consideration the report of the nstitutions and Prisons to them referred, 0 report the same without amendment. cIlwaine, the report of the Committee lie Instruction, as amended in the com- as taken up. 5d. p-ed to amend section 2 by striking out s word ''years," in line 5, to and in- cial," in line 18. 1 to amend by striking out after first ords beginning with the *' school,'' down •enthesis, in line II. le following as a substitute for section 2. vision of the public free school system of ^d in a State Board of Education, to be erintendent of Public Instruction, and dors to be elected by the General Asseni- 7evy four years ; the four members then per diem and mileage as shall be fixed 3ing on the amendment proposed by Mr. isoN moved to divide the question. iken on the motion to strike out the words lind at Staunton,'' and it was agreed to — '. Withers, the vote was recorded as fol- Barnes, Blair, Cartf^r, Chapman, Dunaway, Farman, letoher, GilleHpif^, R. L. Gordon, Gwyn, Hancock, G. W. Jonea, Keezell, Maraliall, Miller, Mundy, ard, Richmond, Summers, Tarry, Thorn, Turnbull, VM there, Wysor, and Yancey — 37. Digitized by * 320 JOtJRNAL OF THB COKSTITDTIONAL CONVENTIOJf. Nosa— Messrs. Allen, W. A. Anderson, Avers, Barbour, Boaz, Bonl ton. Brown, P. W. Campbell, Davis, Gilinore, B. T. Gordon, James V Gregory, Hamilton, Hooker, Lawson, Lincoln, Lindeay, Lovell, I Meredith, Pedigo, Phillips, Quarts, Rives, Robertson, Stuart. Thornto Watson, and Mr. President— 32. The vote was then taken on thfi second branch of the mend to strike out the words '* and William and Mary C and it was rejected — ayes, 28 ; noes, 41. — and, on motion of Mr. Withers, the vote was reco follows : Ayrs— Messrs. W. A. Anderson, Blair, Carter, Chapman, Dunaway, Epes, Fletcher, Gillespie, R. L. Gordon, Hancock, Hardy, G. W. Jone Marshall, Miller, Mundy, O'Flaherty, Orr, Richmond,' Summers, Ta bull. Walker, Wescott, Withers, Wysor, and Yancey— 28. Nobs— Messrs. Allen, Ayers, Barbour, Thomas H. Barnes, Boaz. Braxton, Brown, P. W. Campbell, DaviB, Earman, Fairfax, Gilmore, don, James W. Gordon, Greaiory, Hamilton, Harrison, Hooker, In^ranr Lincoln, Lindsay, Lovell, Mcllwaine, Meredith, R. Walton Moore, Pari Phillips, Pollard, Quarles, Rives, Robertson, Stuart, Thorn, Thornton Walter, Watson, and Mr. President— 41 . The question then being on Mr. Eggleston's amei Mr. Thornton called the pending question. The ] question being ordered, the amendment was agreed tc 41 ; noes, 27. — on motion of Mr. Withers the vote was recorded as ] Aym — Messrs. W. A. Anderson, Manly H. Barnes, Blair, Bouldii Chapman, Davis, Dunaway,EgfirleBton, Epes, Fairfax, Fletcher, Gilmore, B.T.Gordon, R. L. Grordon, Gregory, Gwyn, Harrison, G. W Jone* Marshall, Mcllwaine, Miller, Thomas L. Moore, Mundy, O' Flaherty, 0 Pedigo, Phillips, Quarles, Richmond, Rives, Summers, Tarry, Tumbiill Walter, Withers, and Yancey — 41. Nobs— Messrs. Allen, Avers, Barbour, P. W. Campbell, Carter, Earm; W. Gordon, Hamilton, Hardy, Hooker, Ingram, Claggett B. Jones Lincoln, Lindsay, Lovell, Meredith, R. Walton Moore, Pollard, Roberts^ Thornton, Waddill, Watson, Wescott, Wysor, and Mr. President— 27. The following pairs were announced : Mr. Hancock, with Mr. Stuart. Mr. Gordon, of Louisa, with Mr. Braxton. The first named would have voted in the affirmative. Mr. Brown moved to reconsider the vote by whi amendment proposed by Mr. Egglhston was adopted, a moved to pass the motion by. Mr. Keezell called the pending question. The i question being ordered, the motion to pass by was rej ayes, 28 ; noes, 42. — and, on motion of Mr. Gordon, of Richmond, the v recorded as follows : ^ Digitized by Google THE CONSTITUTIONAL CONVENTION. 321 srs, Boaz, Brown, P. W. Campbell» Carter, Fairfax, rdon, Harailton, Hooker, Ingram, CJaggett B. Jones, Lovell, Meredith, Potlard, Robertson, Thom, Thorn- ker, Watson, Wyeor, and Mr. Yancey— 28. ierson, Barbour, Thomas H. Barnes, Blair, Bouldin, r, Earman, Eggleston, Eues, Fletcher, Gilmore, rregory, Gwyn, Hancock, Hardy, Harrison, (i. W. cllwaine. Miller, Moncure, Thomas L. Moore, Mundy, ligo, Ptjillips, Quarles, Richmond, Rives, Summers, thers, and Mr. President— 42. thdrew his motion to reconsider ; where- oved to reconsider the vote by which the by Mr. Eggleston, was adopted. d the pending question. to adjourn, which motion was rejected — the vote was recorded as follows : TS, Barbour, Brown, P. W. Campbell, Carter, Fairfax, rdon, Hamilton, Hooker, Ingram, Claggett B. Jones, I Moore, Pollard, Kobertson, Tbom, Thornton, Wad- r, and Yancey— 25. ereon, Thomas H. Barnes, Bouldin, Chapman, Davis, Lon, Epea, Fletcher, Giimore, Gillespie, R. L. Gor- ►ck, Hardy, Harrison, G. W. Jones. Keezeli, Lawson. oe, Moncure, Thomas L. Moore, Mundy, 0*Flaherty, , Quarles, Richmond, Hivea, Summers, Tarry, Turn- ers, and Mr. President — 42, isideration of the call of Mr. Harrison tion, the President announced that the Lving arrived, the Convention stood ad- ck A. M. to-morrow. )AY, JANUARY 14, 1902. sembled at 10 o'clock A. M. Prayer by lUx, of the Baptist church, onvention was called and the following t and answered to their names : ►our, Barham, Thomas H. Barnes, Blair, Boaz, Boudin., Cameron, P. W. Campbell, (>arter, Chupman, Cris- irman, Egplefton, Epi-s, Fanfax, Fletcher, Gilmore, don, R. L. Gordon, Gregory, Gwyn, Hamilton, Han- .tton. Hooker, Hunton, Inkrram, ClMptiett B Jnnee, G. >n, Lincoln, Lindsay, Lovell, Marehall, Mcllwaine, R ^Walton Moore, Muiidv, O' Flaherty, Orr, Parks, , Portlock, Quarles, Richmond, Rives, Kobertson, Digitized by^ 322 JOUBKAX OP THB CONSTITUTIONAL COKVENTION. Staart, Summers, Tarry, Thorn, Tambull, Vincent, Waddill, Walker, Watson, Wescott, Wi8e,Wither8, Wyeor, Yancey, and Mr. President— 7S The journal of yesterday's proceedings was read a proved. Mr. Pollard called up the amendment to the ru proposed by him, and it -was rejected — ayes, 20 ; noes, 4 — and, on his motion, the vote was recorded as follows : Atbb — Messrs. Ayers, Cameron, Davis, Dunaway, Epes, Gil more, ( Hancock, Hardy, G. W. Jones, Keezell, Marshall, Mcllwaine, Orr, Parks Biciimond, Waddill, Wescott, and Mr. President^20. Nobs— Messrs. Allen, Barbour, Barham, Thomas fl. Barnes, Boaz. Brooke, Brown, P. W. Campbell, Carter, Chapman, Crismond, Earmai ton, Fairfax, Fletcher, Glass, B. T. Gordon, R. L. Gordon, Gregory Hamilton, Harrison, Hooker, Hunton, Ingram, Claggett B. Jones, Lincoln, Lindsay, Liovell, Meredith, Miller, Mundy, O' Flaherty, PediKO, Portlock, Qiiarles, Kives. Robertson, Summers, Tarry, Turnbull, Walter, Withers, Wysor, and Yancey — 49. Leave of absence was granted the following members Mr. Harrison, indefinite leave, on motion of Mr. Ho: Mr. Anderson, of Rockbridge, one day, to-day, on mc Mr. GiLMORK. Mr. Harrison's call for the pending question on the of Mr. Withers to reconsider the vote by which the ; ment proposed by Mr. Eggleston to section 2 of the re the Committee on Education and Public Instructior adopted, being the unfinished business, was taken up pending question being ordered, the vote was taken on t tion to reconsider, and it was agreed to^ayes, 37 ; noes — and, on motion of Mr. Brown, the vote was recorded ows : A YB8— Messrs. Allen, Ayers, Barbour, Boaz, Brook** Brown, Camerc Campbell, Garter, Crismond, Earman. Rpes, Fairfax, Glass, B. T. Hamilton, Hardy, Harrison, Hooker, Hunton, Ineram, ClagKett B. Jot son, Lincoln, Lindfay, Meredith, Pollard, Portlock, Kobertson, Tbom, Watson, Wescott, Wise, Wysor, Yancey, and Mr. President— 37. Nobs — Messrs. Barham, Bouldin, Chapman, Davis, Dunaway, £j Fletcher, Gilmore, Gillespie, Gr^-gory, Gwyn, Hancock, G. W. Jones, Marshall, Mcllwaine, Miller, Mundy, O'Flaherty, Orr, Park?, Pedieo, Qiiarles, Richmond, Rives, Summers, Tarry, Turnbull, Walker, Wal Withers— 32. The following pairs were announced : . * Mr. LovKLL, with Mr. Anderson, of Rockbridge. Mr. Braxton, with Mr. Gordon, of Louisa. Mr. Thornton, with Mr. Barnes, of Nansemond. The first named in each instance would have voted afiirmative. The question recurring on the amendment to section 2 Digitized by Google f THE CONSTITUTIONAL CONVENTION. 323 :sTON, Mr. Wescott called the pending iing question being ordered, it was re- Bs, 39. Egglkston the vote was recorded as fol- ildin, Chapman, CriBmond, Davis, Dunaway, E^^lea- T. Gordon, Gregory, Gwyn, Hanrock, Harrison, Kee- Flaherty, Orr, Parks, Pedigo, Phillips, QuarleSi Kich- alker, Walter, and Withers,— 29. erp, Barbour, Barham, Boaz, Brown, Cameron, P. W. Epes, Fairfax, Glass, Hamilton, Hardy, Hooker, Hun- Jones, G. W. Jones, Lawson, Lincoln, Lindsay, Mere- Moore, Mundy, Pollard, Portlock, Robertson, Stuart, Watson, Wescott, Wysor, Yancey, and Mr. Presi- s were announced : msemond, with Mr. Thornton. Rockbridge, with Mr. Lovell. >uisa, with Mr. Braxton. th Mr. Wise. bh Mr. Brooke. a each instance would have voted in the ed to reconsider the vote by which the 1 2, as proposed by Mr. Withers, striking ol for deaf and blind at Staunton,'' was i the pending question. The pending ques- lie motion to reconsider was agreed to. being on the amendment of Mr. Withers s ** school for deaf and blind at Staunton," ithdrew the substitute for section 2, pro- lerday, and offered in lieu thereof the fol- i^ision of the public free school system of sted in a State Board of Education, to be pernor, Attorney-General, Superintendent 1, and four experienced educators, to be ote of the two houses of the General As- once every four years, and who, at the 1, shall be engaged in educational work in earning within the State, and the payment vhile serving on the board, shall be pro- eral Assembly the pending question. The pending ques- Digitized bl 324 JOUHNAX OP THB CONSTITUTIONAL CONVENTION. tion being ordered, the substitute was rejected — aye noes, 37. — and, on motion of Mr. Withers, the vote was recor follows : ATBS—MesBrs. Blair, Bonldin, Chapman, Crismond, Davie. Dunaway ton, Fletcher, Gilmore, GiMeepie, B. T. Gordon, Gwyn, Harriet n, Cli Jones, Keezeli, Marehall, Mcllwaine, Miiler, 0*Flaherty, Oir, I-'arkp, Phillips, Qiiaries, Bichmond, Robertson, 8ummere, WaUer, Waiter, an ere— 30. Nobs — Messra. Allen, A yen, Barbour, Bar ham. Boaz. Brown, Camero Campbell, Carter, Barman, Epee, FMirfax. GIhbs, Hamilton, Hancock, Hatton, Hooker, Hunton, Ii.gram, G. W. Junen, LawBon, Lincoln, J Meredith, Moncure. R. Walton Moore, Mum ly, Pollard, Sluart, Vincent,^ Watson, Wescott, Wise, Wysor, amd Mr. President — 37. The following pairs were announced • Mr. Gregory, with Mr. Gordon, of Richmond. Mr. TuRNBULL, with Mr. Brooke. Mr. Anderson, of Rockbridge, with Mr. Lovell. Mr. Rives, with Mr. Thom. Mr. Gordon, of Louisa, with Mr. Braxton. The first named in each instance would have voted afiirraative. Mr. Barbour moved to amend Section 2 by striking ( words *' one city and one county school superintendent," i 14 and 15, and substitute the words ** two division supe dents of public schools, one of whom shall be from one cities, and the other from one of the counties of the otai — which was agreed to. Mr. Thom moved to further amend section 2 by in after the word " eligible," in line 6, the words ** one and also by inserting the word *' respectively " after th ** furnished " in same line. — which was agreed to. Mr. Brown then moved to adopt section 2 as amended Mr. Thom called the pending question. The pending tion being ordered, the section, as amended, was adoptei Mr. Withers then moved to reconsider the vote by section 2, as amended, was adopted. Mr. Brown called the pending question. The pendin] tion being ordered, the motion to reconsider was rejectee Mr. Walker moved to amend section 3 by inserting aJ word ''instruction," in line 5, the following words: shall be an experienced educator." — which was agreed to. Mr. Meredith moved to further amend section 3 by s out the words ** qualified electors of the State; and a first term, which shall be fixed by law, he shall be ele Digitized by Google rOUKKAL OF THE CONSTITUTIONAL CONVENTION. 326 ne as the Governor and/' and substitute in lieu following words: *' State Board of Education and ts called the pending question. The pending ques- ordered, the amendment was rejected — ayes, 19; motion of Mr. Harrison, the vote was recorded as 3. Allen, Avers, Brown, Carter, Epep. Glapp» HemiUon, Hatton, m, ()lapqa;ett B. Jones, Lincoln, Mcllwainei Meredith, Ponlo<;k, tson, Wise, and Wy&or — 19. !. Barbour, Barham, Thomafl H. Barnpp, Blair, Boaz, Bonldin, P. >i8aiond. Davis, Uunaway, Ertrman, E^glfPton, Fiinfax, Flett her, pie, B. T. Gordon, Gwyn, Hancock, Hardy. Harrison, Hooker, p'f*zA\, Liweon, Lindsay, Lovell, Marsliall, Millar, Moncure, R, Mtmdy, O'Flaherty, Orr, Parke, i edipo, PhiliipP, Q'Jarles, Kich- iiuart, duiiimers, Turn bull, Walker, Walter, Wescott, Withers, r. President— 50. ping pairs were announced : ^RD, with Mr. Waddill. ON, of Ricliraond, with Mr. Gregory. TON, with Mr. Gordon, of Louisa. named in each instance would have voted in the 1 of Mr. McIlwaine section 3, as amended, was HLL moved to reconsider the vote by which section ed, was adopted, tion was rejected. I of Mr. McIlwaine it was determined to consider sub-sections. mond moved to amend sub-section 1, in line 14, rd ** division" by inserting the words ** who shall B political partisans while holding such office." 50UR called the pending question. The pending ng ordered, the amendment was rejected. i moved to amend sub-section 1, in line 12, by the words ** and, subject to the confirmation of the oint all superintendents of schools for such di- prescribe their duties, and may remove such super- r cause and upon notice to the incumbent." DUR called the pending question. The pending ques- 3rdered, the amendment was rejected — ayes, 21 ; motion of Mr. Blair, the vote was recorded as Digitized by Goo^ 326 JOURNAL OF THE OONSTITUTIOKAL CONTENTION. Aysb— Messn. Blair, Davis, Earman, Exgleaton, Gillespie, Gwyn Jonee, Eeezell« Lindsay, Marshall, Miller, Moncure, Miindy, O* Flaherty Phillips, Quarles, Richmond, Summers, Walter, and Withers— 21. NovB— Messrs. Allen, Ayers, Barbour, Barham, Thomas H. Bami Booldin, Brown, Cameron, P. W. Campbell, Carter, Crigmond, Dunaw Fairfax, Fletcher, Gilmore, Glass. B. T. Gordon, R. L. Gordon, Gregor ton, Hardv, Harrison, Hatton, Hooker, Hon ton, Ingram, Lawson, Lovell, Mcllwaine, Meredith, Orr, Parks, Pollard, Port lock, Rives, E Stuart, Turnbull, Vincent, Waddill, Walker, Watson, Wescott, Wyaor and Mr. President— 49. Mr. Harrison moved to amend sub-section 1 of secti inserting after the word " discretion " the words *' su the action of the General Assembly." Mr. Parks moved to amend the amendment by strik all the words from the beginning of the section dowE word*' of," in line 13, and insert in lieu thereof tb *' the General Assembly shall divide the State into sc visions, to be composed of one or more counties, and tl Board of Education shall, subject to the confirmation/' — which was rejected. Mr. Hatton moved to amend by striking out the wor its discretion." — which was rejected. The question then being on the amendment proposed Harrison, it was rejected — ayes, 26 ; noes, 42. — and, on his motion, the vote was recorded as follows : Ayss — Messrs. Ayers, Blair, Bouldin, Carter, Davie, Dunaway, Enr more, Gr^jjory, Gwyn, Hancock, Hardy, Hook*>r, Ingram, Marshall, >1 Miller, Moncure, Mundy, O'Flaherty, Orr, Parke, Pedigo, Pi^illips, Sum: Withers— 26. Nova — Messrs. Allen, Barbour, Barham, Thomas H. Barnes, Bofl2 Cameron, P. W. Campbell, Crismond, EjrKleston, Epee, Fairfax, Fletch B. T. Grordon, R. L. Gordon, Hamilton, Hatton, Hun ton, Keezell, Lindsay, Loyell, Meredith, R. Walton Moore, PoIJard, Portlock, Qiiai mond, Riyes, Robertson, Stuart, Thom. Turnbull, Vincent, Waddill, Walter, Watson, Wescott, Wysor, and Mr. President— 42. Mr. Marshall offered the following as a substitute i section 1. " A superintendent of schools for each county, who j elected by the qualified electors of the county, and wh hold their oflBce for a term of four years/' which was rej ayes, 18 ; noes, 47. And, on his motion, the vote was recorded as follows Atbb — Messrs. Blair, Earman, Gillespie, Gwyn. G. W. Jones, K^e shall. Miller, Moncure, Mundy, 0* Flaherty, Pedigo, Phillips, Quarles, R Summers, Walter, and Withers — IS. NoBS^Mesara. Allen, Ayers, Barbour, Barham, Thomas H. Barnf Bouldin, Cameron, P. W. Campbell, Carter, Crismond, Dunaway, 1 1 Digitized by Google UKNAIi OP THE CONSTITUTIONAL OOKTBNTIOH. 327 letcher, Gilmor©, Glaaa. Gregory, Hamilton, Hancock, Hardr, HantoD. Ingram. Lawson. LiDColn, Lovell, Mcllwaine, Meredith, 5, Orr, P-irk8, Pollard, Port lock, Rivee, Robertaon, Stuart, Turn- addUI, Walker, Watoon, WeBCOtt, Wyeor, and Mr. Preaident-47. moved to insert the word ''shall" before the word I line 12. agreed to. moved to amend, in line 13, by striking out the tnd inserting the word **one," and also in line 14, d **for,'' by inserting the words "each of." agreed to. *^AY then offered the following as a substitute for ppoint and have power to remove for cause, and to the incumbents, subject to confirmation by the )erintendent of public free schools for each county le State," which was rejected — ayes, 10 ; noes, 58. otion of Mr. Dunaway, the vote was recorded as Bonldin, Dnnaway. Hancock, Harrison, MarBhall, Moncure, Pedigo, and Rivea— 10. Allen. Ayers, Barbour, Barham, Thomas H. Barnes. Boaz, I, P. W. Campb^rill, Carter, Crismond, Davis, Barman, Ejfuleston, , jr. Gilmore, Gillespie, Glass, B. T. Gordon, R. L. Gordon. Hamilton, Hardy. Hatton, Hooker, Hnnton, Ingram. Ciaegett Jones, Keezell, I^aweon, Lincoln, Lnvell, Mcllwaine, Meredith, Parks. Philtipa, Pollard Portlock, Quarles, Richmond, Robert- Suramere, Tho . , Tarnbiill, Waddill, Walker, Walter, Watson, ■8, Wysor, and Mr. President— 58. of Mr. Glass second sub-section of section 4 was . i. :sT0N moved to strike out the first sub-section of ion was rejected. of Mr. McIlwaine the first sub-section of section dopted. ?j moved to reconsider the vote by which the first ►f section 4 was adopted, iion was rejected. I of Mr. McIlwaine the second sub-section of sec- hen adopted. n 3 of section 4 was then adopted. :>UR moved to reconsider the vote by which sub- J was adopted, bion was rejected. .ocK moved to amend sub-section 4, in line 34, by 3 word ''counties" after the word ''cities." Digitized by Goo^ 828 JOURNAL OP THE CONSTITUTIONAL CONTENTION. Mr. Lindsay offered an amendment to the substitute t out in line 30, beginning with the word **state/' all t lows. Mr. Wescott called the pending question. The | question being ordered, Mr. Lindsay called for the y nays. The question recurring on the amendment proposed PoRTLOirK, it was rejected. Mr. PoRTLOCK then moved to amend by inserting a word *'more," in line 32, the words '* counties of a pof of 20,000 or more," which was rejected. — and, on his motion, the vote was recorded as follows ; Ayis — Meears. P. W. Campbell, Fletcher, Gillespie, Gwyn, Hancock Insram, Marshall, PediKO, Po^tlock, Quarlea, Richmond, Rivea, Summe Walter, and Mr. President— 17. Nois — Messrs. Allen, Avers, Barbour, Barb am, Boaz, Brown, Came) mond, Davis, Dunaway, Earman, Efr^rleston, Epes, Fairfax, Gilmore, G Gordon, Grejkory, Hardy, Harrison, Hooker, ClatrgettB. Jones, G W. J( zell, Lawson, Lincoln, Lindsav, Lovell, Mcllwaine, Meredith, Miller, R. Walton Moore, Mnndy, 0*Flaherty, Orr, Parks, Pollard, RobertFOi TurnbuU, Waddill, Walker, Watson, Wescott, Witbers, and Wysor— 47, The hour of two having arrived, the President am the Convention adjourned until to-morrow at 10 o'clocl WEDNESDAY, JANUARY 15, 1902. The Convention assembled at 10 o'clock A. M. Pr Rev. Dr. W. R. L. Smith, of the Baptist church. The roll of the Convention was called and the fc members were present and answered to their names : Messrs. Allen, W. A. Anderson, Ayers, Barbour, Barham, Manly I Thomas H. Barnes, Blair, Boaz, Boaldin, Hri^tow, Brooke, Brown, Clarence J. Campbell, P. W.Campbell, Carter, Chapman, Cobb, < Davis, Danaway, Earman, Eg^leston, Epee, Fairfax, FJetcher, Flood Gilmore, Gillespie, Glass, B. T. Gordon, James W. Gordon, R. L Gregory, Gwyn, Hamilton, Hancock, Hardv, Hatton, Hooker, HuntoE Ciasr^ett B. Jones, G W. Jones, Keezell, Kendall, Lawaon, Lincoln, Lovell, Ma'^shall, Mcllwaine, Meredith, Miller, Moncure, R. Waltc Miindy, G'Flaherty. Orr, Parks, Pedisro, PhillipB, Pollard, Portlock Richmond, Rivea. Robertson, Stuart, Summers. Tarry, Thorn, Thomt bull, Waddill, Walker, Walter, Wataon, Wescott, Wise, Withers, W Wysor, Yancey, and Mr. President-— 87. The journal of yesterday's proceedings was read j proved. Digitized by Google aKAL OF THE CONSTirtTTIONAL CONTENTION. 329 of Mr. Brown, Mr. Gordon, of Richmond, was ibsence from the Convention yesterday. 1 of Mr. Moore, of Fairfax, the consideration of \n the Committee on the Legislative Department tie special order for to-morrow A. M., at 10:30 draent to sub-section 4 of section 4, of the report littee on Education and Public Instruction, as pro- Lindsay yesterday, being the unfinished business, DiTH moved to amend the amendment proposed by by inserting after the word '*State," in line 30, ; : **exercising such discretion as it may see fit in of books suitable for the schools in the cities and pectively. accepted by Mr. Lindsay. OUR called the pending question. The pending ig ordered, the amendment proposed by Mr. Lind- ided by Mr. Meredith, which was rejected — ayes, otion of Mr. Lindsay, the vote was recorded as Allen, Ayers, Barbour, Barham, Manly H. Barnes, Thomae H >az, Bristow Clarence J. Campbell, Chapman, Davie, Dunaway, Fairfax, Fletcher, Flood, Gilieppie, B. T. Gordon, R. L. Gordon, , Hooker, Clagaett B Jones, Keezell, Kendall, Lawson, Lincoln, ill, Meredith, Moncure. R. Walton Moor«, Mundy, Orr, Pwrks, Summers, Turn bull, Walker, Walter, Weecott, Wise, and With- Bouldin, Brooke, Brown, Cameron, P. W. Campbell, Carter, , Earman, Garnett, Gilmore, Glafis, James W. Gordon, Gregory, m, Hunton, Ingram, G W, Jones, Mcllwaine, Miller, 0*Flaherty, I, Quarlee, Richmond, Rives, Robertson, Stuart, Tarry, Thornton, 1, Woodhouse, Wysor, Y'ancey, and Mr. President— 37. ,L announced that he was paired with Mr. Harri- he were present, would vote aye and he would SRS moved to reconsider the vote by which the was adopted, which motion was rejected. yN, of Richmond, otfered the following substitute »n 4. **It shall provide for the method of selecting ducational appliances for use in the public free e State." NTON called the pending question. The pending ig ordered, it was rejected — ayes, 12 ; noes, 62. otion of Mr. Gordon, of Richmond, the vote was oUows : i^ JOTIBKAL or THB OONSTITDTIONAL CONTEITTIOK. 91 ■ i Atbb— Meesrs. Brooke, Oameron, Jamee W. Gordon, Hamilton, Ingram, Miller, Mandy, O'Flaherty, Pollard, Portlock, and Robertson— Noi8 — Mesers. Allen, W. A. Anderson, Ayers, Barb am, Manly H. Tbomas U. Barnes, Boaz, Kouldin, Bristow, Brown, Clarence J. Campbc Campbell, Carter, Cobb, Davis, Danaway, Earman, £ggle8ton, Epes, Fletcber, Flood, Garnett, Gilmore, Glass, B. T. Gordon, R. L. Gordon, Hancock, Hardy, Hooker, Han ton, ClafQcett B. Jones, G. W. Jonep, Lawson, Lincoln, Lindsay, Lovell, Marshall, Mi^Ilwaine, Meredith, ] E. Walton Moore, Orr, Parks, Pediflfo, Phillips. Ricnmond, Rives, Stuai Thornton, Turnball, Waddill, Walker, Watson, Wescott, Withers, Yancey, and Mr. President— 62. Mr. QuARLES announced that he was paired with Mi MOND, who, if he were present, would vote no and he vote **aye." Sub-section 4 to section 4, as amended, was then a< and a motion by Mr. Kkezkll to reconsider the vote b^ sub-section 4 was adopted, was rejected. Mr. Watson moved to amend sub-section 5, in line 4 the word ** prescribe," insert the words, *'butthelaw shall be under the control of the court of appeals." — which was agreed to. Sub-section 5, as amended, was then adopted. On motion of Mr. McIlwaine section 4, as amend< then adopted. Mr. Barb AM moved to pass by the consideration of 5, which was rejected. Mr. Barham then moved to reconsider the vote by wh Convention refused to pass by the consideration of se( which was rejected — ayes, 25; noes, 30. Mr. Hooker moved to amend section 5, in line 3, af word **be," by striking out the words ** elected by the p and inserting in lieu thereof the words *' provided by lav also in line 4 by striking out all the words beginning v words **four years," to the end of the section, and insei lieu thereof the words '* prescribed by law," which was to — ayes, 58, noes, 25. — and, on motion of Mr. O'Flaherty, the vote was reco follows : Atsb — Messrs. Allen, W. A. Anderson, Avers, Barham, Bonldin, Brook Cameron, P. W. Oampbell, Carter, Cobb, Crismond, Danaway, Edgiest Fairfax, Fletcher, Garnett, Gilmore, Glass, James W. Gordon/GreKory, ] Hancock, Hardv, Hatton, Hooker, Hnnton, Inf^ram, OaR^ett B. Jone Jones, Keezell, Kendall, Lawson, McIlwaine, Meredith, Miller, Moncur ton Moore, Orr, Parks, Pollard, Portlock, Rives, RobertBon. Tarry, Thor ton, Turnbull, Waddill, Walker, Watson, Wescott, Wise, Withers, Wyeoi and Mr. President--5S. Nobs — Messrs. Barbonr, Thomas H. Barnes, Boaz, Bristow, Clarence bell, Chapman, Davis, Barman, Flood, Gilleppie, B. T. Gordon, R. L. Go coin, Lindsay, Lovell, Marshall, Mnndy, O'Flaherty, Pedigo, Phillipc Richmond, Stuart, Summers, and Walter — 25. Digitized by Google URNAL OV THB OONSTITUTIOKAL OOKYBNTIOH. 331 a.8 amended, was then adopted. :rs moved to reconsider the vote by which section 1. ;piB moved to pass the motion to reconsider by, ;reed to. )iTH then offered the following as an independent section : ral Assembly shall have the power, at any time iration of the first term of the Superintendent of action under this Constitution, to require, by a hirds of the members elected to each house, that ball be elected by the State Board of Education," jected — ayes, 40 ; noes 43. otion of Mr. Gordon, of Richmond, the vote was allows : Allen, W. A. Anderson, Ayera, Barbour, ThomaiE H. Barnes, 1, CSHfter, rbapman, Cobb, CriBmond, Epes, Fairfax, Gil more, Gordon, Hamilton, Hardy, Ilatton, Hunton, Ingram, Glaggett 1, Lawson, Lincoln, Mcllwaine, Mereditb, Orr, Pollard, Portlock, , Thorn, Thornton, Tarnbull, Walker, Wescott, Wise, Wysor, it— 40. Barbam, Manly H. Barnes, Blair. Boaz, Roaldin, Bristow, B J. Campbell, 'p. W. Campbell, Davis, Danaway, Earman, ler. Flood, Gamett, Gilleppie, B. T. Gordon, R. L. Gordon, k. Hooker, G W. Jones, Keezell, Lindeay, Lovell, Marshall, Mandy, 0* Flaherty, Parks, Pedigo, Phillips, Quarles, Richmond, , Tarry, Waddill, Walter, Withers, and Yancey— 43. 1, of Fairfax, announced that he was paired with who, if he were present, would vote aye and he no.'' moved to reconsider the vote by which the amend- ected, and then moved to pass the motion to re- wrhich was rejected. len recurring on the motion to reconsider, it was s, 38 ; noes, 48. otion of Mr. Brown, the vote was recorded as Allen, W. A. Anderson, Ayers, Barbour, Thomas H. Barnes, Cameron, Carter, Crismond, Fairfax, Glass, James W. Gordon, n, Hunton, Inji^ram, Clagirett B. Jones, Kendall, Lincoln, Mere- PoHard, Portlock, Rives, Robertson, Thorn, Thornton, Turnbull, Wise, and Wysor--38. Barbam, Manly H. Barnes, Blair, Boaz, Bouldin, Bristow, Clar- . P. W. Campbell, Davis, Dunaway, Earman, Esglesion, Epes, jrarnett, Gilmore, Gillespie, B.T. Gordon, R. L. Grordon, Grejrory, , Hooker, G. W. Jones, Eeezell, Lawson, Lindsay, Lovell, Mar- Miller, Moncure, R. Walton Moore, Mnndy, (i'Flaherty, Pediso, Richmond, Rtuart, Summers, Tarry, Waddill, Walter, Wescott, . Pieddent— 48. M Digitized by Googl^ 832 JOUBNAL OF THE CONSTITUTIONAL CONVENTION. Mr. TuRNBULL moved to amend section 6 by striking line 6 the words, ''and all fines collected for offenses comi against the State," which was rejected— ayes, 34 ; noes, — and, on his motion, the vote was recorded as follows : Atbb— MeBsra. Allen, Ayere. Thomas H. Barnes, Boaz BouMin. ] Carter, Chapman. Etftfleaion, Fairfax, Fletcher, B. T. Gordon, R. L, Gregory, Hamilton, Hardy. Ration, Hnnton, G. W. Jonee, KeezeiU 1 Marshall, Miller, Mnncare, O'Fiaherly, Parke, Portlock, Rive», Robertsoi Tarnbull, Waddill, Watson, and Withers— 34. Non— Meesrs. W. A. Anderson, Burhour, Barham, Manly H. Barnep, Cameron, P. W. Campbell. Davis, Dunaway, Earnian, Epee, Garnett, ( Gilleppie. Glaf-e, James W. Gordon, Hancock, Hooker. Insjrani Laws n, Lovell, Mcllwaine, Miindy, Orr, Peilijio, Phillips Pollard, Qnarles, Ri< Stuart, Summers. Thorn, Thornton, Walker, Walter, Wescoil, Wite, Wy Mr. President— 40. Section 6 was then adopted. Mr. Kbbzell moved to amend section 7 by inserting the word ** apportionment," in line 10, the words, *'pro that in case the subjects of State taxation sliall be separate from the subjects of county and city taxatio General Assembly may otherwise provide for a fixed appi tion of State revenue to the support of the public schoi less than that provided in this section.*' —which was agreed to. Mr. OTlahkrty moved to amend, in line 9, by ins after the word **twenty,'* the word **one.'' Mr. Glass called the pending question. The pendin| tion being ordered, the amendment was rejected. Section 7 was then adopted. Mr. LiNDSA'Y moved to reconsider the vote by which s 7 was adopted. — which motion was rejected. Mr. Watson moved to reconsider the vote by which s 6 was adopted, and it was decided in the negative. Section 8 was then adopted, and Mr. McIlwaine mo reconsider the vote by which it was adopted, and it \n cided in the negative. Mr. Garnett moved to strike out section 9. Mr. Parks moved to amend the section by inserting afl word ** may,*' in line 4, the words " in its discretion." — which was .agreed to. Mr. OTlaherty moved to strike out the word *'thiri in line 5, and insert in lieu thereof the word ** twelve/' — which was agreed to. The question then recurring, on the motion of Mr. Gai to strike out section 9, it was rejected — ayes, 35 ; noes, 4 —on motion of Mr. Hatton the vote was recorded t lowB : r^. INAL OF THI OONSTrrnnONAL OONVEKTION. 338 arham, Boaldin, Bristow, Brooke, Brown, Davis, Daoaway, tt, Gillef>pi4>, James W. Gordon, R. L. Gordon, Hamilton, ngram, Kendall, Miller, Moncare, R. Walton Moore, O'Fla- 0, Ponlock, Richmond, Rives, Tarry, Thorn, Thornton, Turn- on, Wise, and Wysor— i35. lien, W. A. Anderson, Ayers, Barbonr, Manly H. Barnes, Boaz, Clarence J. Campbei , P. W. Compbell, Carter, Chap- 1, EtQfleston, Fietch«*r. Uilmore,* Glass, B. T. Gordon. Gregory, mlon, G. W. Jones, Keczell, Lawson, Lintoln Lindsay, Lo veil, le, Meredith, Mundy, Orr, Phillips, Pollard, Qoaries, Robertson, alker, Wescott, Witherb, and Yancey-— 43. amended, was then adopted. iNE moved to reconsider the vote by which sec- ided, was adopted, ejected. as then adopted. INE moved to reconsider the vote by which sec- 3pted. ejected, i Mr. Keezell the consideration of section 11 moved to strike out section 12. 5RTY moved to amend section 12 by adding after /' in line 4, the words ** provided, however, that on to the University of Virginia shall never ex- of the amount raised by the annual tax on prop- school purposes, nor shall the appropriation to lilitary Institute exceed one-twentieth of said INE called the pending question. The pending ordered, the amendment was rejected. L then recurring on the motion of Mr. Gordon, to strike out, it was agreed to — ayes 44 ; noes, 34. on of Mr. Gordon, of Richmond, the vote was lows : J, A. Anderson, Brooke, Brown, Clarence J. Campbell. Carter, rismond, Dhvi^ Dunaway, Karman, KvKl<*Bton. F.etcher, Gil- ass, Jumee W. Gordon, R. L Gordon, Hardy, HoO'er, (^lafrvett . Lawson, Lincoln, Lovell, Marshall, Mcliwaine, Mnndy BdiffO, Phillips. Qaarles, Richmond, Summers, Tarry, Thorn, 1, Waddi!l, Walker, Wescott, Withers, and Mr. President— 44. lien, Ayprs, Barbo'r, Thomas H. Barnes, Blair, Boaz, BoulHin nphell, Epes, Fairfax, Garn«tt, B. T. Gordon, Grepcory, Hamil ton, Hunton, Ingram, G W. Jones, Kendall, Lindsay, Mere lire, R. Walton Moore, Portlock, Rives, Robertson, Stuart, ^se, and Wysor— 34. g pairs were announced : >, with Mr. Vincent. with Mr. Harrison. Digitized by Googl 334 JOUEKAL 09 THB 00K8TITUTI0KAL COKVEKTION. Mr. Flood, with Mr. Danibl. The first named in each instance would have voted affirmative. Mr. Thornton moved to reconsider the vote by wh motion to *' strike out," was adoped. Mr. Kkbzbll called the pending question. The p question being ordered, the motion to reconsider was r€ Mr. MooRB; of Fairfax, offered the following as ar pendeDt section : ** The General Assembly shall m&ke pr for the maintenance of the University of Virginia by an appropriation not less than is now provided by law." Mr. Flood raised the point of order that the amei proposed by Mr. Moorb was out of order. The Pre over-ruled the point of order. Mr. Hamilton oflFered the following as a substitute amendment proposed by Mr. Moore, of Fairfax : The General Assembly shall make provision for the i nance of the Virginia Military Institute by an annual priation not less than is now provided by law.'' Mr. OTlahbrty called the pending question. The p question being ordered, the substitute was rejected — ay noes, 62. — and, on motion of Mr. Hamilton, the vote was recordei lows : Atxa— Messrs. Brooke, Fletcher, Gil more, James W. Gordon, HamUt cock, Hooker, Moncure, Pedigo, Portiock. and Yancey — 11. Noes— Messrs. Allen, Ayers, Barbonr, Manly H. Barnes, Blair, Bristo\^ Clarence J. Campbell, P. W. Campbell, Carter, Chapman, Davie, Dunaw man, Eg^leston, Epes, Flood, Gillespie, Glass, B. T. Gordon, R. L Gordon, Gwyn, Hardy, Hatton, Huntx>n. Ingram, Cla^ffett B. Jones, G. W. Jones, Kendall, Lawson,Lincoln, Lindsay, Love H, Marshall, McUwaine, Mereditl R. Walton Moore, Mandy, O'Flaherty, Orr, Phillips. Pollard, Qnarlt-s, Ri Robertson, Stuart, Summers, Tarry, Thornton, Turnbull, Waddill, Walk ter, Watson, Wescott, Wise, Withers, Wysor, and Mr. President— 62. Mr. Parks announced that he was paired with Mr. 1 SON, who, if he were present, would vote aye, and he vote no. Mr. Gordon moved to amend the motion of Mr. Mo( Fairfax, by inserting the words *• Virginia Military Ins and State Female Normal School,'' after the words ** I sity of Virginia." Mr. Thom appealed from the decision of the chair in ruling the point of order raised by Mr. Flood, pendi consideration of which the President announced that th of two o'clock having arrived, the Convention stood adjc until to-morrow at 10 o'clock A. M. if /Googk 1 Digitized by ^ BKAL 07 THB OONSTITUTIONAL OOKYBNTIOK. 335 rnURSDAY, JANUARY 16, 1901. tion assembled at 10 o'clock A. M. Prayer by Cooper, of tho Baptist church. the Convention was called and the following I present and answered to their names : V. A. Anderson, Ayera, Barbour, Barham, Manly H. Barnes, 18, Blair. Boaz, Booldin, Briatow, Brooke, Brown, Cameron, MU P. W. Campbell, Carter, Chapman, Cobb, Crismond, Davis, 1, Egsleston, Epes, Fairfax, Fletcher, Flood, Garnett, (ill more, i. T Grordon, James W. Gordon, R. L. Grordon, Gregory, Gwyn, Hatton, Hooker, Hanton, Ingram, Clagtirett B. Jones, G W, mdall, Lawson, Lincoln, Lindsav, Lr«vell, Marshall, Mrllwaine, Moncure, R. Walton Moore, Mundy, 0*Flaheity, Orr, Parks, 'ollard, Portlock, Qiiarlee, Richmond, Rives, Robertson, Stuart, rhom. Thornton, Turnbull, Waddill, Walker, Walter, Watson, ^ise, Withers, Wysor, Yancey, and Mr. Pretident — (»6. of yesterday's proceedings was read and ap- >sence was granted the following members : ND, two days, on motion of Mr. Barbour. JON, of Alleghany, three days, beginning to-day, Mr. Brookb. ousB, two days, on motion of Mr. Hatton. two days, beginning yesterday, on motion of Mr. , of Montgomery, one week, beginning last Tues- n of Mr. Blair. of Mr. Thom from the decision of the chair, be- shed business, was taken up, and the Convention tain the decision of the chair — ayes, 30 ; noes, 46. otion of Mr. Thom, the vote was recorded as Allen, Barbour, Boaz, Bouldin,Bristow, Garnett, Glass, Gregory, . Hunton, Ingram, Olajrgett B. Jones, Lawson, Lindsay, Loveil, h. Mundy, Orr, Pollard, Portlock, Rives, Robertson, tituart, Willis, Wise, and Wysoi^SO. IfV^. A. Anderson, Barham, Manly H. Barnes, Thomas H Barnes, llarenoe J. Campbell, Carter, Cobb, Crismond, Davis, Dnnaway, n, Epes« Fairfax, Fletcher, Flood, Gilmore, Gillespie, James W. rdon, Gwyn, Hamilton, Hardv, Hooker, G. W. Jones, Keezell, ine, Miller, Moncure, 0* Flaherty, Parks. PedifiTO, Phillips, id« Summers, Tarry, Thom, Thornton, Turnbull, Waddill, Wal- -40. ff, of Nelson, announced that he was paired with JSE, who, were he present, would vote " no," and vote '* aye." \ Digitized by Google JOXTfiNAL 0» TH» CONSTTrUTlONAL CONVENTIOK. Mr. BoAz ofifered the following as an independent a rate section : ** The General Assembly shall provide for the suppoi University of Virginia by an appropriation for each ye the general revenues of the State of a sura of money ing to not less than one-ninth of the sum arising fron on property applicable to public free schools for such j To which Mr. Glass offered the following amendmer •* Provided, that the General Assembly may, in a limit the amount to be appropriated to the sum of $50 Mr. Gordon, of Richmond, offered the following as ai ment to the section proposed by Mr. Boaz, '* and si make an annual appropriation to the Virginia Mili stitute of a sum not exceeding one-twentieth of the ar such taxes." — which amendment was rejected. Mr. Boaz accepted the amendment proposed by Mr and the vote being taken on his proposed section, as a it was rejected — ayes, 39 ; noes, 39. — and, on motion of Mr. Campbell, the vote was rec follows : Atbs— Messrs. Allen, Ayere, Barbour, Thomas H. Barnes, Blair, Boa Bristow, Brooke, Brown, P. W. Campbell, Carter, Cobb, E Gregory, Hatton, Hunton, Infifram, Cla^rgiett B. Jonep, Kendall, Lawsoi Meredith, R. Walton Moore, Pollard, Portlock, Quarlee, Rives, Roberta Thornton, TurnbuU, Walker, Watson, Wescott, Willie, Wise, and Wyi Nois — Messrs. W. A. Anderson, Barham, Manly H. Barnes, Clarenc bellyCrismond, Davis, Dunaway, Earomn, Eggleston, Fairf>ix, Fletchei Gillespie, R. L Gordon, Gwvn, Hamilton, Uancook, Hardv, Hook Jones, Eeezell, Lincoln, Marshall, Mcllwaine, Miller, Moncure 0 Flaherty, Orr, Pedigo, Phillips. Richmond, Summers, Tarry, ThoD Walter, Withers, and Mr. President— 39. The following pairs were announced : Mr. Daniel, with Mr. Flood. Mr. LovKLL, with Mr. Moore, of Montgomery. Mr. Harrison, with Mr. Parks. Mr. Stkbbins, tvith Mr. Gordon, of Richmond. Mr. BoLEN, with Mr. Yancey. Mr. Garnett," with Mr. Chapman. The first named in each instance would have vot( affirmative. Mr. Waddill moved to reconsider the vote by which posed section was rejected, and the motion was rejecte 41 ; noes, 41. — and, on motion of Mr. Glass, the vote was recc follows : Digitized by VjOOQIC aSTAL 07 THB 00N8TITUTI0NAL OONTBNTIOK. 837 AUen^ Ayen, Barbour, Thomas H. Bamw, Blair, Boas, Boaldin, Browo. r. W. Campbell, Garter, Cobb, Epefl, Gamett; Glaat, , Hnntoo, Ingram, Glaesett B. Jonea, Kendall, Lawsoii. Undaay, , B. Walton Moore, PolUrd, Portlock, Qoarlea, RiveB, Robertson, , Tambnll, Walker, Watson, Wescott, Willis, Wise, and Wysor W. A. Anderson, Barham, Manly H. Barnes, CSarenee J. Oamp- [)aviB, Donaway, Earman, Eegleston, Fairfax, Fletdier, Gilmore, W. Gordon, R. L. Gordon, Gwyn, Hamilton, Hancock, Hardy, ones, Eeezell, Lincoln, Marsliall, Mcllwaine, Miller, Monoore, rtj, Orr, Parks, Pediiro, Phillips, Richmond, Summers, Tarry, \^ithers, Yancey, and Mr. President — 41. ing pairs were announced : L, with Mr. Flood. •ON, with Mr. Waddill. amed would have voted in the affirmative. ^ moved to amend section 13, in line 5, after the ' ' by striking out the rest of the section and insert be appointed for terms of four years : provided, the members of the first boards, appointed under tion, shall be for two years, and one-half for four agreed to. !^ moved to reconsider the vote by which the amend- Bn adopted, which was agreed to. '^N, by unanimous consent, then withdrew the proposed by him, and substituted for it the fol- dment. nted for terms of four years : provided, that the )mbly may provide for diflFerent terms for the first nted under this Constitution so that there shall be imbers." rejected. was then adopted. 7AINB moved to reconsider the vote by which sec- Ekdopted. lion was rejected. iRSON, of Rockbridge, offered the following as an and separate section : Bral Assembly shall have the power, at any time piration of the first term of the Superintendent of uction under this Constitution, to provide, by a [ihirds of the members selected to each house, that tendent of Public Instruction shall be thereafter uch manner as the General Assembly may pre- i moved to lay it on the table, which was agreed ; noes 30. s motion, the vote was recorded as follows : Digitized by Google JOURNAL Of THE OONSTITUTIOKAL COKTENTIOK. Atbs— Messrs. Barbonr, Barham, Boaz, Cameron, Clarence J. Camp Davis, Dunawav, Barman, Fletcher, Gamett, Gillespie, Glass, B. T. don, Gregory, Gwyn, Hancock, Hardy, Hooker, G. W. Jones, Keezell, Noes— Messrs. Allen, W. A. Anderson, Manly H. Barnes, Thoma Barnes, Bouldin, Bristow, Carter, Cobb, Crismond, Epes, Fairfax, Gilr James W. Gordon, Hatton, Inn^m, Claggett B. Jones, Lawson, Lin McUwaine, Meredith, Orr^arks, Pollard, Robertson, Thornton, Wa Watson, Willis, Wise, and Wysor— 30. On motion of Mr. McIlwaine the report of the Commi on the Legislative Department, being the special order, taken up, and section 1 was adopted. Mr. Flood offered the following as a substitute for sectio; '*The House of Delegates shall be elected bi-ennially by voters of the several cities and counties on the Tuesday ceeding the first Monday in November, and shall consist ol more than one hundred and not less than ninety membe which was rejected — ayes, 34; noes, 39. — and, on motion of Mr. Robertson, the vote was recorde follows : Ayes— Messrs. Ayers, Boaz, Bouldin, Bristow, Brooke, Brown, Cann Clarence J. Campbell, Dunaway, Earman, E^gleston, Epes, Fletcher, F Oarnett, Gillespie, Glass, Hamilton, Hancock, Hatton, Ingram, Keezell, dall, Mundy, O'Flaherty, Pedigo, Rives, Summers, Thom, Walter, Wa Wise, Wysor, and Mr. President— 34. Noes— Messrs, W. A. Anderson, Barbour, Barham, Manly H. Ba Thomas H. Barnes, Carter, Cobb, Crismond, Davis, Fairfax, B. T. Qoi James W. Gordon, Gregory, Gwyn, Hooker, Hunton, Claggett B. J* I^wson, Lincoln, liOvelL Marshall, McHwaine, Meredith, Miller, Mon* R. Walton Moore, Orr, Parks, Phillips, Robertson, Stuart, Tarry, Tl ton, Tumbull, Waddill, Wescott, Willis, Withers, and Yancey— 39. The following pairs were announced : Mr. Walker, with Mr. Braxton. Mr. Allen, with Mr. Anderson, of Alleghany. Mr. Smith, with Mr. Hardy. Mr. Harrison, with Mr. Quarles. Mr. Pettit, with Mr. Gilmore. Mr. Daniel, with Mr. Lindsay. Mr. HuBARD, with Mr. Pollard. Mr. Chapman, with Mr. Richmond. The first named in each instance would have voted in affirmative. Section 2 was then adopted. Section 3 was then adopted. Mr. Barbour moved to amend section 5, in line 17, by serting the words "and his qualification thereto." — which was agreed to. Digitized by Googl JOUBNAI* OF THE OONSTITtTTIONAL CONVENTION. 339 i, as amended, was then adopted. )RK, of Fairfax, then moved to reconsider the votes iections 5 and 6 were adopted. as rejected. >D moved to amend section 1 , in line 3, by striking rd '*four" and inserting the word *'two/' and in striking out the word '* ninety" and inserting the by/' and also in line 12 by striking out the word tnd inserting the word "sixty/' which was agreed 18 ; noes, 37. bis motion, the vote was recorded as follows : isrs. Allen, W. A. Andereon, Boaz, Bouldin, Bristow, Brooke, sron; P. W. CampbelU Davis, Dunaway, Earman, Eggleston, Br, Flood, Gamett, Glass, B. T. Gordon, Hamilton, Hancock, ram, Claggett B. Jones, Keezell, Kendall, Lincoln, Mundy, Pedigo, Portlock, Rives, Thorn, Waddill, Watson, Wise, Wysor, ident— 38. isrs. Ayers, Barbour, Barham, Manly H. Barnes, Thomas H. ?nce J. Campbell, Carter, Cobb, Crismond, Fairfax, Gillespie, ►rdon, Gregory, Gwyn, Hooker, Hunton, Lawson, Lovell, Mar- line, Meredith, Miller, Moncure, R. Walton Moore, Orr, Parks, lertson. Stuart, Summers, Tarry, Thornton, TurnbuU, Walter, lis, and Withers— 37. wing pairs were announced : PH, with Mr. Hardy. .KKR, with Mr. Braxton. PIT, with Mr. GiLMORB. ARD, with Mr. Pollard. :rison, with Mr. Quarles. KRsoN, of Alleghany, with Mr. Yancey. PMAN, with Mr. Richmond. :)ENT, with Mr. Gordon, of Louisa. IKL, with Mr. Lindsay. named in each instance would have voted in the laherty moved to reconsider the vote by which the t to section 7 was adopted. RE, of Fairfax, moved to pass by the motion to re- the consideration of which the President announced 3ur of two o'clock having arrived, the Convention irned until to-morrow at 10 o'clock A. M. Digitized by Google $40 JOtJBKAL OV THB OOKSimTTIOKAL OOKYBKnoK. FRIDAY, JANUARY 17, 1902. The Convention assembled at 10 o'clock A. M. Praye: Rev. G. O. Mead, of the Prostestant Episcopal church. The roll of the Convention was called and the foUov members were present and answered to their names : Messrs. Allen, W. A. Anderson, Ayert^, Barbour, Barham, Manly H. Ba Thomas H. Barnes, Blair, Boaz, Bouldin, Braxton, Bristow, Brooke, Br Cameron, Clarence J. Campbell, P. W. Campbell, Carter, Cobb, D Dunawav, Earman, Epes, Fairfax, Fhtcher, Flood, Gamett, GOmore, lespie. Glass, B. T. Gordon, James W. (Gordon, R. L. Gordon, Gregory, G Hancock JHardy, Hatton, Hooker, Hubard, Hunton, Ingram, Claggel Jones, G. W. Jones, Keezell, Kendall, Lincoln, Lindsay, Lovell, Marshall Ilwaine, Meredith, Miller, Moncure, R. Walton Moore, Mundy, O'FIah Orr, Parks, Pedigo, Phillips, Pollard, Portlock, Quarles, Richmond, R Robertson, Stebbins, Stuart, Summers, Tarry, Thorn, Thornton, Turn Vincent, Waddill, Walker, Watson, Wescott, Willis, Wise, Withers, W house, Wysor, and Mr. President.— 86. The journal of yesterday's proceedings was read and proved. Leave of absence was granted the following members : Mr. Davis, one day, on motion of Mr. Pedigo. Mr. Walter, two days, on motion of Mr. Mundy. Mr. Chapman, two days, on motion of Mr. Withers. Mr. Kbezbll, two days, on motion of Mr. Withers. Mr. Lawson, four days, on motion of Mr. Kendall. Mr. Brooke, one day, on motion of Mr. Hatton. Mr. Yancey, three days, on motion of Mr. Turnbull. Mr. Meredith arising to a question of personal privil stated that he had inadvertently voted in the negative on motion of Mr. Flood proposed on Thursday to amend sec 7 by striking out the word ** quadrennial " and inserting word " biennial," when he had intended to vote in the affii tive. The motion of Mr. Moore, of Fairfax, to pass by the mo of Mr. O 'Flaherty to reconsider the vote by whicli the am ment to section 7 was adopted, being the unfinished busi of the day, was taken up, and it was rejected — ayes, 30 ; e 42. — and on motion of Mr. Campbell, of Amherst, the vote recorded as follows : Ayes— Messrs. Barbour, Ba«rham, Manly H. Barnes, Thomas H. Ba Carter, Cobb, Fairfax, James W. Gordon, Gregory, Gwyn, Hunton, L< Marshall, Mcllwaine, Meredith, Miller, R. Walton Moore, Orr, Parks, lard, Richmond, Robertson, Stebbins, Stuart, Thornton, Turnbull, cott, Willis, Wise, and Withers— 80. Nobs — Messrs. Allen, W. A. Anderson, Ayers, Boaz, Bristow, Bn Digitized by Google JOUBNAL OV THB OONSnTUTIONAL OONVBNTIOK. 341 eron, Clarenoe J. Campbell, P. W. Campbell, Davis, D una way, «, Fletcher, Flood, Gamett, Glass, B. T. Gordon, Hancock, Hat- Hubard, In^am, Cla^nrott B. Jones, G. W. Jones, Keezell, Ken- , Mnndv, O'Flaherty. Pedigro, PhUlips, Portlock, Rives, Sum- Waddill, Watson, Woodhonse, Wysor, and Mr. President — 42. ^wing pairs were announced : XTON with Mr. Walker. iDY with Mr. Smith. DON, of Louisa, with Mr. Vincent. ifORE with Mr. Pbttit. ^soN with Mr. Bouldin. RLSS with Mr. Harrison. DSAY with Mr. Daniel. ^ named in each instance would have voted in the stion then recurring on the motion to reconsider, \ called the pending question. The pending ques- ordered, the motion was rejected — ayes, 27; noes, motion of Mr. Campbell, of Amherst, the vote was J follows : isrs. Barbour, Barbam, Manly H. Barnes, Tbomas H. Barnes, >, Fairfax, James W. Gordon, Gregory, Gwyn, Huuton, Mar- line, Meredith, Miller, R. Walton Moore, Orr, Parks, Phillips, ertson, Thornton, Tumbull, Weseott, Willis, Wise, and With- isrs. Allen, W. A. Anderson, Avers, Boaz, Bristow, Brooke, eron, Clarence J. Campbell, P. W. CampbeU, Davis, Dunaway, «, Fletcher, Flood, Gamett, Glass, B. T. Gordon, Hancock, Hat- Hubard, Ingram, Claggett B. Jones, G. W. Jones, Keezell, coin, Mundy, O'Flaherty, Pedigo, Portlock, Rives, Stebbins, mers, Thom, Waddill, Watson, Woodhonse, Wysor, and Mr. 8. >wing pairs were announced : XTON with Mr. Walker. iDY with Mr. Smith. RDON, of Louisa, with Mr. Vincent. tfORE with Mr. Pettit. rsoN with Mr. Bouldin. jiLEs with Mr. Harrison. DSAY with Mr. Daniel. rcEY with Mr. Hamilton. SMOND with Mr. Chapman. ELL with Mr. Eggleston. ; named in each instance would have voted in the 'HERS moved to reconsider the vote by which section )ted, which was agreed to— ayes, 46 ; noes, 25. f Digitized by Googl? 342 JOUBKAL OF THB OOKSTITUTIONAL CONVENTIOK. — and, on motion of Mr. Parks, the vote was recorded lows : Aybs-— MeBsrs. Allen, Ayers, Barbour, Barham, Thomas H. Barne Boaz, Bristow, Brooke, Brown, Cameron, Clarence J. Campbell, Dav away, Epes, Fletcher, Flood, Gamett, Glass, B. T. Gordon, James W. * R. L. Gordon, Gwyn, Hatton, Hubard, Ingram, Claggett B. Jones, Jones, Keezell, Lincoln, Lindsay, Marshall, Miller, Mundy, O'F Pedigo, Phillips, Rives, Stebbins, Stuart, Summers, Watson, '^ Woodhouse, Wysor, and Mr. President — 46 Nobs— Messrs. W. A. Anderson, Manly H. Barnes, Carter, Fair lespie, Gregory, Hooker, Hunton, Kendall, Lovell, Mcllwaine, M Moncure, R. Walton Moore^Orr, Parks, Pollard, Robertson, Tt Tumbull, Waddill, Walker, Wescott, Willis, and Wise— 2d. The following pairs were announced : Mr. Hamilton with Mr. Yancey. Mr. Thom with Mr. Bbaxton. Mr. BouLDiN with Mr. Lawson. Mr. Pettit with Mr. Gilmore. Mr. Chapman with Mr. Richmond. Mr. Hardy with Mr. Smith. The first named in each instance would have voted affirmative. Mr. Withers then moved to amend section 3, in line striking out the word ** four" and inserting in lieu ther word "two.'' To which Mr. Ayebs proposed the following amendm< ** Strike out all the words in the section after the ' members ' in line two, and insert in lieu thereof the ' ' They shall be elected for the term of four years — for th tion of whom the counties, cities, and towns shall be < into districts. Each county, city and town of the res; districts shall, at the time of the first election of its d or delegates under this amendment, vote for one or nlon tors. The Senators first elected under this amendment tricts bearing odd numbers shall vacate their offices at t' of two years ; and those elected in districts bearing ever bers, at the end of four years ; and vacancies occur ing piration of term shall be filled by the election of Senat the full term.' " Mr. Meredith moved to amend the section by striki in line 2, after the word ''members/' the words, '* The be elected for the term of four years for their respecti^ tricts," and insert in lieu thereof the words, ** The S< shall be elected at the same time that the members of the of Delegates are elected, and their terms shall be the si those of the members of the House." Digitized by Google JSSAJL OV THB 00N8IITUTI0KAL CONVENTION. 848 8 accepted by Mr. Withsrs in lieu of his amend- EB moved to pass by the motion to amend section 3. 8 rejected. was then taken on the amendment proposed by Mr. Lt was rejected — ayes, 23 ; noes, 44. ation of Mr. Campbell, of Amherst, the vote was follows : ra. Allen, Manly H. Barnes, Brooke, Brown, Cameron, Campbell, P. W. Campbell, Cobb, D una way, Epee, Flood, BOck, Hatton, Hooker, Hubard, Kendall, Lincoln, Moncure, », Watson, and Mr. President — 2S. rs. W. A. Anderson, Barbour, Barham, Blair, Boaz, Brietow, 1, Fairfax, Fletcher, Glass, James W. Gordon, Gwyn, H union, :ett B. Jones, G. W. Jones, Keezell, Lindsay, Marshall, Mcll- th. Miller, R. Walton Moore, Mundy, Orr, Parks, Pedigo, id, Richmond, Robertson, Stebbins, Stuart, Summers, Thorn- WaddiU, Walker, Wescott, Willis, Withers, VVoodhouse, and nng pairs were announced : i, with Mr. Hardy. DIN, with Mr. Lawson. LTON, with Mr. Yancey. [T, with Mr. GiLMORE, BSTON, with Mr. Lovell. ,8, with Mr. Wise. :, with Mr. Braxton. BNT, with Mr. Gordon, of Louisa. iisoN, with Mr. Quarles. named in each instance would have voted in the then recurring on the amendment offered by Mr. 3 amended by Mr. Meredith, and accepted by Mr. [r. Glass called the pending question. The pend- being ordered, it was rejected — ayes, 45 ; noes, 23. LOtion of Mr. Parks, the vote was recorded as fol- rs. W. a. Anderson, Barbour, Barham, Blair, Boaz, Bristow, Runaway, Barman, Fairfax, Fletcher, Glass, James W. Gordon, Gwyn, Ingram, Claggett B. Jones, G. W. Jones, Keezell, Lind- darsball, McUwaine, Meredith, Miller, R. Walton Moore, ^arks, Pedigo, Phillips, Pollard, Richmond, Robertson, Sum- homton, Tumbull, WaddiU, Walker, Wescott, Willis, Withers, se— 45. rs. Allen, Manly H. Barnes, Brooke, Brown, Cameron, Clar- t)ell, P. W. Campbell, Epes, Flood, B. T. Gordon, Gregory, bton. Hooker, Habard, Kendall,. Moncure, Portlock, Rives, Bali, Watson, Wysor, and Mr. President— 23. r Digitized by Googl^ 344* JOUBKAL OF THB OOKSTITUTIOKAL CONVENTIOK. The following pairs were announced : Mr. Wise, with Mr. Aybrs. Mr. Yancey, with Mr. Hamilton. Mr. Lawson, with Mr. Bouldin. Mr. Hardy, with Mr. Smith. Mr. GiLMOBE, with Mr. Pettit. Mr. Braxton, with Mr. Thom. Mr. Quarlbs, with Mr. Harrison. The first named in each instance would have voted affirmative. Mr. Moore, of Fairfax, moved to reconsider the v which the amendment was adopted, which motion was r< Mr. Blair moved to amend section 3 in line 2, by in after the pord '* members," the following words ** to be ( one from each of the judicial circuits as created by this tution, except in cities of over 40,000 inhabitants, whic be formed into separate districts." — ^which was rejected. Section 3, as amended, was then adopted. Mr. Moore moved to reconsider the vote by which 3 was adopted. — ^which was rejected. Mr. Flood moved to "reconsider the vote by which se was adopted, which was agreed to— ayes, 44 ; noes, 25. — and, on motion of Mr. Carter, the vote was recorded lows • Ayes — Messrs. Allen, Barham, Manly H. Barnes, Blair, Boaz, Brooke, Cameron, Clarence J. Campbell, P. W. Campbell, Davis, D Earman, Eggleston, Fletcher, Flood, Gillespie, (Tlass, James W. Hancock, Hatton, Hooker, Hubard, Ingram, Keezell, Kendall, MiUer, Moncure, Mundy, O'Flaherty, Pedigo, Phillips, Portlock, Riv bins. Summers, Tarry, Vincent, Walker, Watson, Wescott, Withers President— 44. Noes — Messrs. W. A. Anderson, Barbour, Carter, Cobb, Fairfa Gordon, R. L. Gordon, Gregory, Gwyn, Hardy, Hun ton, Claggett ] LoveU, MarshaU, Mcllwaine, Meredith, R. Walton Moore, Orr, Pai lard, Robertson, Stuart, Turnbull, Woodhouse, and Wysor— 25. The following pairs were announced : Mr. Brown with Mr. Anderson. Mr. Daniel with Mr. Lindsay. Mr. Bouldin with Mr. Lawson. Mr. Hamilton with Mr. Yancey. Mr. Pettit with Mr. Cilmore. Mr. Chapman with Mr. Richmond. Mr. Thom with Mr. Braxton. Mr. Ayers with Mr. Wise. Mr. Harrison with Mr. Quarles. Digitized by Google [JENTAL OF THB CONSTITUTIONAL CONVENTION. 345 lamed in each instance would have voted in the then moved to reconsider the vote by which his 0 section 2 was rejected. TON called the pending question. The pending ig ordered, the motion was adopted — ayes, 43 ; ion of Mr. Flood the vote was recorded as follows ; . Allen, Barham, Manly H. Barnes, Blair, Boaz, Bristow, »n, Clarence J, Campbell, P. W. Campbell, Davis, Dana way, ton, EpeB, Fletcher, Flood, fiillespie, Glass, James W. Gor- Hatton, Hooker, Hiibard, Ingram, G. VV. Jones, Keezall, n, Miller, Moncure, Mundv, O'FIaherty, Pedigo, Phillips^ , Stebbins, Summers, Walker, Watson, Withers, and Mr. W. A. Anderson, Barbour, Carter, Fairfax, B. T. Gordon, Gregory, Gwyn, Hunton, Cla^ett B. Jones, Lovell, Mar- ?, Meredith, R. Walton Moore, Orr, Parks, Pollard, Robert- rry, Thornton, Tumbull, Waddill, Wescott, Willis, Wood- Dr— 28. ng pairs were announced : with Mr. Anderson, of Alleghany. TON with Mr. Yancby. SON with Mr. Quarles. CN with Mr. Lawson. with Mr. Wise. with Mr. GiLMORE. L with Mr. Lindsay. AN with Mr. Richmond. v'T with Mr. Walter. tvith Mr. Braxton. imed in each instance would hare voted in the is amended, was then adopted. moved to reconsider the vote by which section 2, w^as adopted, which motion was rejected. moved to amend section 7 by striking out the ,'' in line 6, and inserting in lieu thereof the after the adoption of." rejected. ? is amended, was then adopted. ;, of Fairfax, moved to reconsider the vote by i 7 was adopted, which motion was rejected. 9, 10, 11, 12, 13, 14, and 15 were then adopted, ns severally made by Mr. Moore, of Fairfax, to B votes by which these sections were adopted, they in the negative. Digitized by GoOgliT 346 JOUBKAL OF THE COKSTITUTIONAL OONVENTIOK. Mr. Summers oflFered the following as a substitute tion 16. Representatives in Congress and members of the ( Assembly of Virginia shall be apportioned in the State ginia, according to her respective numbers, counting th< number of persons, excluding Indians not taxed. Bu the right to vote at any election for the choice of elec President and Vice-President of the United States, Rej atives in Congress, or members of the General Asser Virginia, is denied to any of the male inhabitants of sue! being twenty-one years of age and citizens of the United or in any way abridged, except for participation in reb( other crime. The basis of representation in Congress United States and the General Assembly of Virginia s reduced in the proportion, which the number of such nc izens shall bear to the whole number of male citizens one years of age. Mr. Flood raised the point of order that the substiti not germane and the point of order was sustained by th< Sections 19, 20, 21 and 22 were then adopted, and on i severally made by Mr. Moork, of Fairfax, to reconsi< votes by which they were adopted — they were decided negative. Mr. SuMMBRS moved to amend section 23 by striking line two the word '* six '' and inserting the word '* four — which was rejected. Section 23 was then adopted, and, on motion of Mr. '. of Fairfax, to reconsider the vote by which section adopted, it was decided in the negative. Mr. Parks moved to strike out sub-section 6 of seel — which was rejected. Mr. Parks then moved to strike out sub-section 9 tion 24. — which was rejected. Mr. Thom moved to strike out sub-section 17, whi agreed to— ayes, 35; noes, 23. Section 24, as amended, was then adopted, and, on m* Mr. MooRB, of Fairfax, to reconsider the vote by wh section was adopted, it was decided in the negative. Mr. Thom moved that the session be extended 15 min day, so as to complete this report. — which was agreed to. Sections 25 and 26 were then adopted, and, on mot Mr. MooRB, of Fairfax, severally made, to reconsider tl by which these sections were adopted, they were decidec negative. Mr. TuRNBULL proposed the following substitute to t 1 Digitized by Google rSKAL OV THB 00K8IITUTI0KAL OONVBNTION. 347 section 27: ''The clerk of the House of Dele- keeper of the rolls of the State, but shall receive ion from the State for such service." igreed to. as amended, was then adopted, and, on motion , of Fairfax, to reconsider the vote by which sec- lended, was adopted, it was decided in the nega- PiB moved to amend the independent section, re- ppropriation of public funds by striking out, in ords, and continue the appropriation to William lege for male normal school purposes," which -ayes, 21 ; noes, 47. iion of Mr. Gillespie, the vote was recorded as Allen, Carter, Cobb, Dunaway, Fletcher, Gillespie, R. L. t B. Jones, KeezeU, Lindsay, Marshall, O'Flaherty, Orr, Richmond, Summers, Tumbull, Walker, Wescott, and With- Ayers, Barbour, Barham, Blair, Boaz, Bouldiu, Braxton, Brown, P. W. Campbell, Davis, Barman, Eggleston, Fairfax, rdon, James W. Gordon, Gregory, Hancock, H a tton, Hooker, , G. W. Jones, KendaU, Lincoln, Lovell, Mcllwaine, Mere- icure, R. Walton Moore, Pollard, Quarles, Rives, Robertson, , Tarry, Thorn, Thornton, Waddill, Watson, Willis, Wysor, it-47. was then adopted, and on motion of Mr. Moore, reconsider the vote by which it was adopted, it 1 the negative. then moved to adjourn, which was rejected, Y moved that the session of to-day be extended vhich was agreed to. dependent section relating to the General As- Qting a standing committee, etc., known as -the imittee, was then adopted, and on motion of Mr. irfax, to reconsider the vote, by which this sec- bed, it was decided in the negative. )flFered the following substitute for section 4 : iion in the General Assembly shall be based on or President and Vice-President, at the last elec- held prior to the adoption of this Constitution. , of Fairfax, raised the point of order that the J not germane, and the point of order was sus- chair. , of Fairfax, then moved the adoption of the re- mmittee, as amended, which was agreed to, and IDigitized by Google 348 JOUBKAL OF THB OOKSTITUTIONAL CONVENTIOIT. on his motion to reconsider the vote by which the i adopted, it was decided in the negative. The report, as amended, was then, on motion of Mr. Fairfax, referred to the Committee on Final Revisit justment of the various provisions of the Constitutio; be agreed upon, and upon the schedule. The Pbesidbnt then announced the Convention until to-morrow at 10 o'clock A. M. SATURDAY, JANUARY 18, 1902. The Convention assembled at 10 o'clock A. M. Rev. Dr. W. F. Dunaway, of the Baptist church. The roll of the Convention was called, and the members were present and answered to their names MeflBTS. AUen, W. A. Andenon. Ayers, Barbour, Barham, Mao Blair, Boaz, Bouldin, Braxton, Bristow, Cameron, P. W. Campbell, Danaway, Earman, EgKleeton, Epee, Fairfax, Flood, Gamt Gillespie, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Gi Hamilton, Hancock, Hardy, Hatton, Hooker, Kubard, Hunton, In^ B. Jones, Kendall^ Lincoln, Lindsay, Lovell, Marshall, Mcllwaii Miller, Moncnre, R. Walton Moore, Mnndy, Orr, Parke, Pedigo, Phi Portlock, Qoarlee, Richmond^ Rives, Robertson, Stebbins, Stua Tarry, Thornton, Tumbnll, Waddill, Walker, Watson, Weacott, W Woodhoose, Wysor, and Mr. President— 76. The journal of yesterday's proceedings was res proved. Mr. Summers proposed the following resolution : Whereas the birthday of General Robert E. Lee, 1 tal leader of the grandest army the world has ever si on Sunday, January 19, 1902, and it is the duty of a Virginians to honor his memory ; therefore, Resolved, That when the Convention adjourns to to meet Tuesday, January 21, 1902. Mr. Flood called the pending question. The per tion being ordered, it was rejected. Leave of absence was granted the following memt Mr. BouLDiN, three days, on motion of Mr. Stebe Mr. Fletcher, one day, on motion of Mr. Lovelj Mr. Glass, one day, to-day, on motion of Mr. Wy Mr. Barnes, of Nansemond, two days, beginning motion of Mr. Barham. Mr. Portlock, one week, on motion of Mr. Hatt Digitized by Googl F THE CONSTlTtJTIONAL CONVENTION. 349 Amherst, five days, on motion of Mr. Gor- btsylvania, four days, on motion of Mr. three days, beginning to-day, on motion of ays, on motion of Mr. Hooker. days, on motion of Mr. Gregory. lays, on motion of Mr. Garnett. ly, on motion of Mr. Boaz. 2 day, on motion of Mr. Hamilton. le day, on motion of Mr. Robertson. ed resolution No. 276, to rescind section 3 I report of the Legislative Department as ention, which was referred to the Commit- e Department. sed resolution No, 277, providing for the lators, which was referred to the Commit- ^e Department. Richmond, proposed resolution No. 278, to id 7 of the report of the Committee on the lent, which was referred to the Committee epartment. . Ayers the report of the Committee on md Prisons was taken up for consideration. >pted, and, on motion of Mr. Ayers to re- ' which it was adopted, it was decided in ived to amend section 2 by striking out the the word **The,'^ in line one, down to and "Senate,*' in line five, and insert in lieu directors shall be appointed by the Gov- he advice and consent of the Senate, who srnment and control of the penitentiary, prison farms, and shall appoint the super- eons thereof.'' to. n moved to amend by inserting after the > five, the word ** respective." to. aded, was then adopted, and, on motion of sider the vote by which it was adopted, it legative. vere then adopted, and, on motions sever- YERs to reconsider the votes by which these 3d, they were decided in the negative. Digitized by ' 350 JOURNAL OF THB OOKSTITUTIONAL OONYBNTIOIT. Mr. Ayebs moved to amend section 5 by striking eight the word *' and" and inserting a period after ''officers" in same line, and in line nine by making subject begin with a capital *'S," and also in line el the word ''said/' by striking out the words * 'officers in line twelve, after the word "board/' in line striking out the words "that approved the apportic the first instance." — which was agreed to. Section 5 was then adopted, and, on motion of to reconsider the vote by which it was adopted, it w in the negative. Section 6 was then adopted, and, on motion of to reconsider the vote by which it was adopted, it w in the negative. Mr. Lindsay proposed the following as a separate pendent section. Punishment for crimes and misdemeanors shall be prisonment, with or without labor, fines, disfranchis moval from office, and disqualification to hold and office of honor, trust, or profit under this State, and punishment as may be prescribed by law. Imprison labor shall be construed to authorize the employme convict labor on public works or highways, or othei public benefit, and the farming out thereof, where, manner, as may be provided by law. No convict, \^ may be farmed out, shall be punished for any failure a laborer, except by an officer of the State, and i farmed out shall be, at all times, under the super control, as to their government and discipline, of th directors of the penitentiary or some officer or aj State. Mr. TuRNBULL raised the point of order that it w mane, and the point of order was sustained by the c The report, as amended, was, on motion of M adopted, and, on his motion to reconsider the vote the report was adopted, it was decided in the negati\ On motion of Mr. Ayees the report was then refei Committee on Final Revision and Adjustments of t provisious of the Constitution that may be agreed upon the schedule. On motion of Mr. Cameron the report of the Coi the Executive Department was taken up for consider Section 1 was then adopted, and, on motion of Mr. to reconsider the vote by which it was adopted, it w in the negative. Mr. Cameron moved to amend section 2, in lin I Digitized by Google rSKAL OV THB OONCITITUTIOKAL OOKTSKTION. 361 the words '* by the '' the word " qualified," and [ '* voters '' by inserting the words '*of the State." igreed to. SON, of Rockbridge, moved to further amend by the word '* counted " in line 10 of section 2, the such manner as may be prescribed by the Gen- TT called the pending question. The pending ; ordered, it was rejected — ayes, 20 ; noes, 45. tion of Mr. Barbour, the vote was recorded as W. A. Anderaon, AyerB, Barboar, Barham, Manly H. Barnes, tristow, Egicleston, Epee, Gilmore, Green, Gregory, Gwyn, , Portlock, Richmond, Stebbins, and Waddill — 20. lllen, Blair, Cameron, P. W. Campbell, Cobb, Donaway, Ear- od, Gamett, Giileepie, B. T. Gordon, James W. Gordon, R. L. , Hardy, Hatton, Hooker, Habard, Ingram, Claggett B Jones, , Loyell, Marshall, Mcllwaine, Miller, Moncnre, Handy, Orr, hillips, Qaarles, Rives, Robertson, Stuart, Tarry, Thornton, , Watson, Wesoott, Woodhoase, and Mr. President— 45. s amended, was then adopted, and, on his motion bhe vote by which the section was adopted, it was negative, as then adopted, and, on motion of Mr. Cambron bhe vote by which it was adopted, it was decided e. RS moved to amend section 4, in line 2, by striking ^' five," and inserting in lieu thereof, the word rejected. as then adopted, and, on motion of Mr. Cameron the vote by which it was adopted, it was decided e. 3N moved to amend sedtion 5, in line 6, by insert- wovds '* application of " the words '' two- thirds," 6, by striking out the word *' executive." agreed to. JR moved to further amend section 5 by adding I "same," in line 43, the following: *'He shall to the provisions of this section and to such reg- ay be prescribed by law, the power to supercede >d not exceeding thirty days at any one time, and that may be limited by law, any sheriflF or ser- r executive officer of any county, city or town, w with the preservation of the public peace or Bxecutionof the public laws, whenever it becomes the preservation of the public peace or order, or Digitized by Google 362 JOUBNAL OF THB CONSTITUTIONAL CONVENTION. the prompt enforcement of the public laws, and he si have power to appoint a temporary superior to any sue so superceded with such powers and duties as may scribed by law." — ^which was rejected. Section 5 was then adopted and on motion of Mr. C to reconsider the vote by which it was adopted, it was in the negative. Sections 6 and 7 were then adopted, and, on motioE ally made by Mr. Cameron to reconsider the votes b; these sections were adopted, they were decided in the t Mr. Walkbb moved to amend section 8 by striking words beginning with the words ''The Governor," thirty-three, down to and including the word " others,' thirty-five. Mr. Carter called the pending question. The pendi tion being ordered, it was rejected — ayes, 20 ; noes, 50. — and, on motion of Mr. Cameron, the vote was rec follows : Atbs— Meesrs. W. A. Anderson, Bouldin, Cameron, Bunaway, Epes, Fair&Xy Flood, Hamilton, Hancock, Hooker, Hubard. Ingm Pedigo, Qaarlee, Waddill, Walker, Watson, and Mr. President— 20. NosB — Messrs. Allen, Barbour, Barbam, Manly H. Barnes, Boaz Bristow, P. W. Campbell, Carter, Cobb, Earman, Garnett, Gil more, B. T. Gordon, James W. Gordon, R. L, Gordon, Green, Gregory, Gwj HatiOD, Glaffsett B. Jones, Kendall, Lincoln, Lindsay, Lovell, Mars waine, Meredith, Moncnre, Mundy, Orr, Parks, Phillips, Pollard, Port mond, Rives, Robertson, Stebbins, Summers, Tarry, Thornton, Tun cott, Willis, Withers, Wood house, and Wysor— 50. Section 8 was then adopted, and, on motion of Mr. ( to reconsider the vote by which it was adopted, it was in the negative. Mr. Summers moved to strike out section 9, which jected. Section 9 was then adopted, and, on motion of Mr. ( to reconsider the vote by which it was adopted, it was in the negative. Section 10 was then adopted, and, on motion of Mr. ( to reconsider the vote by which it was adopted, it was in the negative. Mr. Withers moved to amend section 11 by strik beginning in line six, all the words after the word *■ down to and including the word ''law," which was rt ayes, 32 ; noes, 37. — and, on motion of Mr. Flood, the vote was recorde lows : n Digitized by Google OURNAL OP THE CONSTITUTIONAL CONVENTION. 353 s. W. A. Anderson, Barbour, Boaz, Braxton, P. W. Campbell, ston, Gillespie, James W. Gordon. R. L. Gordon, Green, Grej?ory, Lindsay, Mcllwaine, Miller, Mundy, Parkp, Pedijjro, Phillip?, Pol- iUchmond, Rives, Summers, Tarry, Turnbull, Waddill, Watson, ^oodhonse — S2, I. Allen, Ayers. Barham, Manly H. Barnes, Blair, Bouldin, Bris- Carter, Cobb, Dunaway, Epes, Fairfax, Flood, Garnett, B. T. Iton, Hancock, Hatton, Habard, Ingram, Claarjrett B. Jones, 1, Marshall, Meredith, Moncure, Orr, Portlock, Robertson, Steb- lomton. Walker, Wescott, Willis, and Mr. President— 37. n of Mr. Cameron further consideration of sections as passed by. LOCK moved to recommit section 12 to the Commit- Ixecutive Department, which was rejected. 18 moved as a substitute to section 12, the follow- i Secretary of the Commonwealth shall be elected vote of the two houses of the General Assembly, e in office for the term of four years, unless sooner le shall keep a record of the official acts of the rhich shall be signed by the Governor and attested etary ; and, when required, he shall lay the same, 3ers, minutes, and vouchers pertaining to his office, r house of the General Assembly ; and shall per- ther duties, and receive such salary, as may be pre- law. All fees received by the Secretary shall be le treasury. rKRS moved to amend section 12, in line 12, after office," add the words ** and to the office of Super- F Public Printing," which was agreed to — ayes, 35 ; lotion of Mr. Hancock, the vote was recorded as fol- 9. Barbour, Barham, Blair, Boaz, Bouldin, Carter, Cobb, Dnnaway, 1, Gilmore, James W. Gordon, R. L. Gordon, Green, Hamilton, r, Habard, Ingram, Mcllwaine, Miller, Monrure, Mundy, Parks, ss, Richmond, Rives, Robertson, Stebbins, Thornton, Turnbull, 3. and Withers— 35. I. Allen, Ayers, Manly H. Barnes, Bristow, Cameron, P. W. fax, Garnett, B. T. Gordon, Gregory, Gwyn, Hancock, Hatton, les, lanooln, Lindsay, Lovell, Marshall, Meredith, Orr, Phillips, ck, Stuart, Summers, Waddill, Walker, Watpon, Woodhonse, and -30. LOCK moved to further amend by striking out all 1 lines 1, 2, 3, and 4, to the word ''he," and insert 3of, the following : **A Secretary of the Common- 1 be elected by the joint vote of the two houses of Digitized by Google 354 JOURNAL OP THE CONSTITUTIONAL CONVENTION. the General Assembly for the same term as that of th nor.'' Mr. Barbour moved that when the Convention to-day it adjourn to meet at 12 o'clock on Monday, wl agreed to. Pending the further consideration of the amendm posed by Mr. Portlock to section 12, the Conventioi tion of Mr. Turnbull, adjourned. MONDAY, JANUARY 20, 1902. The Convention assembled at 12 o'clock M. Prayer Dr. Geo. Cooper, of the Baptist church. The roll of the Convention was called and the f members were present and answered to tlieir names : Messrs. Allen, George K. Anderson. W. A. AnderRon, Ayers, Barbou Manly H. Barnes, Blair, Boaz, Braxton, Bristow, Brooke, Brown, P. bell, Carter, Cobb, Crismond, Davie, Danaway, Earman, Egglestoi Fletcher, Garnett, Gil more, Gillespie, Glass, B. T. Gordon, James 1 R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hani; Habard, Hunton, Ingram, Kendall, Lincoln, Lindsay, Mcllwaine, Miller, Moncare, R Walton Moore, Mundy, Orr, Parke, Phillip Quarles, Richmond, Rivee, Robertson, Stebbins, Stuart, Summers, Ta Thornton, Turnbull, Waddill, Walker, Watson, Wescott, Willis, Wisi Wysor, and Mr. President.— 73. The journal of Saturday's proceedings was read proved. Leave of absence was grautjpd the following member Mr. Pedigo, one day, to-day, on motion of Mr. Day] Mr. BoLEN, one week, on motion of Mr. Wysor. Mr. Hatton, one day, to-day, on motion of Mr. Go Richmond. Mr. Eabman proposed resolution No. 279, relating 1 priation for education, which was referred to the Corar Education and Public Instruction. Mr. Withers proposed resolution No. 280, to rescind 5 of Article 6 of the report of the Committee on Jud adopted by the Convention, which was referred to the toe on the Judiciary. Mr. Withers proposed resolution No. 281, relatii election of the judges of the Supreme Court of Appeal was referred to the Committee on Judiciary. The amendment proposed by Mr. Portlock to sect the report of the Committee on the Executive Departme Digitized by ^^^sl ODRNAL OF THE CONSTITUTIONAL CONVENTION. 365 3d business of the day, was taken up, and, on mo- Hamilton the further consideration of the report a of Mr. Brooke, the Convention resolved itself littee of the whole on the report of the Committee lization and Government of Citities and Towns, Mr. the chair. D time passed in the committee of the whole, the esumed the ghair and Mr. Withers reported that e had risen without coming to any conclusion upon ef erred to ihem. BULL offered the following to section 3 of the report mittee on the Organization and Government of owns : ** The mayor and councilmen of towns shall risdiction in civil and criminal matters as shall be y the General Assembly for justices of the peace, be exclusive within the corporate limits of said 5 ordered to lie on the table. I of Mr. Thom, the session of to-day was extended asked unanimous consent to retake the vote upon to reconsider the vote by which the amendment rison for the maintenance of the University of Vir- ejected ; unanimous consent was granted, lotion of Mr. Thom, next Friday was fixed as the ing the vote, ention then adjourned until ten o'clck A. M. to- TUESDAY, JANUARY 21, 1002. ention assembled at 10 o'clock A. M. Prayer by issell Cecil, of the Presbyterian church. of the Convention was called, and the following ;re pr'sent and answered to their names ■ , Geo ge K. Andereon, W. A. Anderson, Ayers, Barbour, Barham, les, I nomas H, Barnes, Blair, Boaz, Braxton. Bristow, Brooke, )amp >elU Carter, Chapman, Crismond, Davis, Dunaway, Earman, rfax, Fletcher, Garnett, CTilmore, Gillespie, Glass, B. T. Gordon, ion, R, L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, m, Hatton, Hooker, Hiibard, Hun ton, Ingram, Clapjjett B. Jones, ►In, Lindsay, Mcllwaine, Meredith, Miller, Moncure, R. Walton Orr, Parks, Pedigo, PhilUps, Pollard, Quarles, Richmond, Rives, Digitized by Google 356 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Robertson, Stebbine, Stuart, Summers, Tfcrry, Thorn, Tarn bull, VVaddi Walter, Watson, Wescott, Willis, Wise, Wither?, Woodhonee, Wysc President — 79. The journal of yesterday's proceedings was read proved. Mr. Barbour presented a petition from citizens of relating to licensing the sale of intoxicating liquors, w referred to the Committee on Preamble and Bill of Ri| Leave of absence was granted the following member Mr. Cameron, one day, to-day, on motion of Mr. of New Kent. Mr. Bristow, four days, on motion of Mr. Hancoc* Mr. Walker, four days, on motion of Mr. Carter. Mr. Turnbull, four days, on motion of Mr. Cartej Mr. Moore, of Montgomery, three days, on motioi Blair. On motion of Mr. Brookk the Convention resolved i a committee of the whole upon the report of the Comi the Organization and Government of Cities and To Withers in the chair. After some time passed in the committee of the \ President resumed the chair, and Mr. Withers repo the committee had risen without coming to any c< upon the matter referred to them. Mr. Stebbins proposed resolution No. 282, rescim tion of section 1 of the report of the Committee on tb zation and Government of Counties, which was refen Committee on the Organization and Government of Co Mr. Anderson, of Rockbridge, proposed resolution providing that judges of statutory cities of less than habitants may reside outside the limits thereof, &c., w referred to the Committee on Judiciary. The hour of 2 o'clock having arrived, the Presi nounced the Convention adjourned until 10 o'clock to WEDNESDAY, JANUARY 22, lf>02. The Convention assembled at 10 o'clock A. M. ] Rev. Dr. Richard McTlwaine, of the Presbyterian eh The roll of the Convention was called and the members were present and answered to tlieir names ■ Messrs. Allen, Georjje K. Anderson, W. A. Anderson, Avers, Barbo Manly H. Barnes, Thomas H. Barnes, Boaz, Braxton, Brooke, Brow: Digitized by VjOOQ IC OF THE CONSTITUTIONAL CONVENTION. 357 ir, Chapman, Cobb, Criemond, Davis, Dunaway. £arman, ax, Fletcher, Flood, Gilmore, Gillespie, Glass, B. T. Gor- t), R. L. Gordon, Green Gregory, Gwyn, Hamilton, Han- n. Hooker, Habard, Hanton, Ingram, Clagirett B. Jones, acoln, Lindcay, Marshall, Mcllwaine, Meredith, Miller, Moore, Muudy, Orr, Parks, Pedigo, Phillips, Pollard, ives, Robertson, ^^tebbins, Stuart, Summers. Tarry, Thom, addill, Walter, Watson, Wescott, Willis, Wise, Withers, ancey, and Mr. President — 82. f yesterday's proceedings was read and ap- ce was granted Mr. Cameron, two days, on COKE. proposed the following resolution, and asked isideration, which was agree^ to : the Auditor of Public Accounts be requested Convention the following information : iber of names on the pension rolls by counties umber by counties and cities, placed on the pecial acts. cunt in pensions distributed during last fiscal ity and city, tion it was adopted. Mr. Green the report of the Committee on 1 of Rights, as adopted by the Convention, was ited and referred to the Committee on Final ustment of the various provisions of the Con- V be agreed upon, and upon the schedule. [r. Brooke the Convention resolved itself into e whole upon the report of the Committee on and Government of Cities and Town, Mr. hair. ne passed in the committe of the whole the ed the chair, and Mr. Withers reported that i risen without coming to any conclusion upon id to them. • o o'clock having arrived the President an- Convention stood adjourned until 10 o'clock Digitized by ' 358 JOURNAL OP THE CONSTITDTIONAL CONVENTION. THURSDAY, JANUARY 23, 1902. The Convention assembled at 10 o'clock A. M. Pr Dr. W. B. Beauchamp, of the Methodist Episcopal chuj The roll of the Convention was called and the fo' members were present and answered to their names : Messrs. Allen, George K. AndersoD, W. A. Anderson, Ayera, Barbour, Manly H. Barnes, Thomas H. Barnes, Blair, Boaz, Braxton, Brooke, 1 W. Campbell, Carter, Chapman, Cobb, Crismond, Davie, Dunaway, Eggleston, Epes, Fairfax. Fletcher, Flood, Garnett, Gilmore, Gilleej James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hardy, Harrison, Hatton, Hooker, Hubard, Hunton, Inf^rani, Claggetl G. W. Jones, Keezell, Kendall, Lincoln, Llndeay, Loveli, Marshalh M Meredith, Miller, Montnre, R. Walton Moore, O'Flaherty, Orr, tarki Phillips, Qoarles, Richmond, Rives, Robertson, Stebbins, Stuart, Snmm€ Thorn, Thornton, Vincent, Waddill, Walter, Wescott, Wil is, Wise, Woodhouse, Wysor, Yancey, and Mr. Pregideiit— 83. The journal of yesterday's proceedings was read i proved. Mr. Harrison presented a resolution, adopted by the c council of Winchester, relating to the article on the ment of cities and towns, which was referred to the Coi on the Organization and Government of Cities and To^^ Leave of absence was granted the following njembers Mr. Gordon, of Nelson, five days, on motion of Mr. Mr. MuNDY, five days, on motion of Mr. Gillespie. Mr. Pollard, one day, to-day, on motion of Mr. Goi Richmond. Mr. Watson, one day, to-day, on motion of Mr. Tho Mr. Ayers presented a petition from fourteen busin of Wise county, relating to licensing the sale of into: liquors, which was referred to the Committee on Pream Bill of Rights. On motion of Mr. Brooke the Convention resolved it! a committee of the whole upon the report of the Comna the Organization and Government of Cities and tow Withers in the chair. After some time passed in the committee of the wh President resumed the chair, and Mr. Withers repor the committee had risen without coming to any conclusi the matter referred to them. On motion of Mr. Campbell, of Washington, the Con adjourned. w Digitized by Google URNAL OF THE CONSTITUTIONAL CONVENTION. 369 FRIDAY, JANUARY 24, 1902. vention assembled at 10 o'clock A. M. Prayer by •y Christian, of the Methodist Episcopal church, of the Convention was called and the following ere present and answered to their names : jn, George K. AnderBon, W. A. Anderson. Ay ere, Barbour, Bar- H. Barnee, Boaz, Bou!din, Braxton, Brooke, Brown, P. W. Camp- )hapman, Criemond, Davis, Dunaway, Earnian, Epep, Fairfex, ►d. Garnett, Gilmore, Gillespie, Glass, Jamee W. Gordon, R. L. I, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, rd, Hunton, Ingram, Clapgett B. Jones, G. W. Jones, Keezell, Ken- Lindsay, Lovell, Marshall, Mcllwaine, Meredith, Miller, Moncure, ore, O* Flaherty. Orr, Parks, Pedigo, Phillips, QuarJes, Richmond, jon, Smith, Stebbins, Stuart, Summers, Tarry, Thorn, Thornton, ;er, Walter, Wescott, Willis, Wise, Withers, Woodhouee, Wysor, Ir. President— 81. *nal of yesterday's proceedings was read and ap- absence was granted the following members : LIS, one day, on motion of Mr. Garnett. coTT, three days, on motion of Mr. Kendall. MAN, three days, on motion of Mr. O'Flaherty. 'SON, one day, to-day, on motion of Mr. Flood. RLES, three days, on motion of Mr. Boaz. .ARD, two days, on motion of Mr. Gordon, of Rich- RE, of Montgomery, four days, beginning yesterday, >f Mr. Lincoln. shall offered the following resolution which was lie on the table. , That the Convention do proceed upon January 27, ce up the report of the Committee upon Corpora- onsider the same from day to day until Saturday, I, 1902, at] o'clock P. M., when a vote shall be i the ordinances reported by the committee and all ts and substitutes then pending before adjournment ^ and said report as then adopted shall be then re- he Committee upon Final Revision, and similar I be had with reference to the report from the Com- n Finance and Taxation commencing upon Monday, , 1902, and terminating on Saturday, February 8, ike and similar action shall be had with reference to 'rom the Committee for *'the elective franchise, etc.*' g Monday, February 10, 1902, and terminating on February 15, 1902, unless said reports shall sooner [of. Digitized by Google ■o 360 JOUKNAL OP THB CONSTITUTIONAL CONVENTION. Oil motion of Mr. Barham the Convention adopted t lowing as an amendment and separate section of the rep the Committee on the Legislative Department : ** That no new office shall be created or established! General Assembly, except by a recorded vote in each ho a majority of the members elected to such house/' and, < further motion, it was referred to the Committee on Fin vision and Adjustment of the various provisions of the C tution that may be agreed upon, and upon the schedule. Mr. Braxton, from the Committee on Corporations n report, which was ordered to lie on the table and be prin On motion of Mr. Brooke, the Convention resolved into a committee of the whole, upon the report of the Co tee or the Organization and Government of Cities and T Mr. Withers in the chair. After some time passed in the committee of the who President resumed the chair, and Mr. Withers reporte the committee had risen without coming to any cone upon the matter referred to them. The special order of the day being the motion of Mr. to reconsider the vote, by which the section proposed I Boaz providing for the maintenance of the University ( ^inia, was rejected, was taken up and the motion was re — ayes 33 ; noes 39. — and, on motion of Mr. Boaz, the vote was recorded i lows : Ayes— Messrs. Ayers, Barbour, Thomas H. Barnes, Boaz, Bouldin, Bra W. Campbell, Carter, Epes. Glass, Green, Gregory, Harrison, Hatton, Hur f^ram, Clajrgett B. Jones, Lindsay, Lovell, Meredith, R. Walton M.oore, i Rives, Robertson, Stebbins, Stuart, Waddill, Walker, Walter, Wescott, Wise, and Wysor— 33. Noes — Messrs. Georiye K. Anderson, W. A. Anderson, Barham, Brooke man, Davis, Ear man, Eggleston. Fairfax, Fletcher, Flood, Gilmore, GiJle L. Gordon, Gwyn, Hamilton, Hancock, Hardy, Hooker, Hubard, G. W Keezell, Lincoln, Mcllwaine. Miller, Moncure, 0' Flaherty, Orr, Parks, Phillips, Richmond, Smith, Summers, Tarry, Withers, Woodhouse, Yanc Mr. President— 39. The following pairs were announced : Mr. Watson with Mr. Dunaway. Mr. Pollard with Mr. Gordon, of Richmond. Mr. Brown with Mr. Barnes, of New Kent. Mr. Allen with Mr. Cameron. Mr. Garnett with Mr. Vincent. Mr. TuRNBULL with Mr. Marshall. Mr. Thornton with Mr. Mundy. Mr. Kendall with Mr. Moore, of Montgomery. Mr. PoRTLOCK with Mr. Thom. Digitized by Google rO0RNAL OF THE CONSTITUTIONAL CONVENTION. 361 EL with Mr. Pkttit. ;ON with Mr. Campbell, of Amherst. row with Mr. Crismond. named in each instance wouUl have voted in the a of Mr. Brooke, tlie Convention a^ain resolved committee of the whole upon the report of the 3n the Organization and Government of Cities and Withers in the chair. e time passed in the committee of the whole, the 'esumed the chair, and Mr. Withers reported that tee had risen without coming to any conclusion itter referred to them. n of Mr. ANDERSON; of Alleghany, the Convention SATURDAY, JANUARY 25, 1902. mention assembled at 10 o'clock A. M. Prayer by G. Scott, of the Protestant Episcopal church. )f the Convention was called and the following jre present and answered to their names : 1, George K. Anderson, W. A. Andereon, Barbour, Thomas H. 5oaz, Bouldin, Braxton, Brooke, Brown, P. W, Campbell, Carter, t, Dunaway, Eggleston, Fairfax, Flood, Garnett, Gilraore. Gillespie, on, R. L. Gordon, Green, Gwvn, Hamilton, H*^neock, Hardy, >n. Hooker, Huhard, Hunton, Ingram, Claggett B. Jones, G. VV. Kendall, Lincoln, Lovell, Marshall, Mcllwaine, Meredith, Miller, ^hillips, Kiohmond, Rives, Roberteon, Stebbins, ^tuart. Summers, rhornton, Waddill, Walker, Watson, Witheis, Wysor, Yancey, jnt— 64. lal of yesterday's proceedings was read and ap- absence was granted the following members : AM, three days, beginning to-day, on motion of Mr. New Kent. s, three days, beginning to-day, on motion of Mr. 5IN8, three days, on motion of Mr. Bouldin. , two days, beginning to-day, on motion of Mr. BKLL, of Amherst, four days, on motion of Mr. Digitized by GoogI 362 JOURNAL OF THB CONSTITUTIONAL CONVKNTION. Mr. Davis, three days, beginning to-day, on motion Withers. Mr. Pbdigk), three days, beginning to-day, on motion Summers. Mr. Gregory, two days, on motion of Mr. Allen. Mr. MooRK, of Montgomery, three days, on motion Blair. Mr. Fairfax, one day, on motion of Mr. Meredith. Mr. Gordon, of Richmond, one day, on motion Brown. Mr. Flood, four days, on motion of Mr. Watson. Mr. Harrison, five days, on motion of Mr. Andkv Alleghany. Mr. Barbour presented a memorial from the executr mittee of the anti-saloon league of Virginia, relating t sing the sale of intoxicating liquors, which was referre( Committee on Preamble and Bill of Rights. Mr. Robertson presented a memorial from forty-seve bers of the faculty, and students of Roanoke College, i to licensing the sale of intoxicating liquors, which was ] to the Committee on Preamble and Bill of Rights. On motion of Mr. Brooke the Convention resolved its a committee of the whole, upon the report of the Coi on the Organization and Government of Cities and Tow Withers in the chair. After some time passed in the committee of the wh President resumed the chair and Mr. Withers report the committee had risen without coming to any coi upon the matter referred to them. Mr. McIlwaine moved to take up section eleven of th of the Committee on Education and Public Instruc amended in committee of the whole, which was agreed Mr. Barbour moved that when the Convention adj day it adjourn to meet on Monday at 12 o'clock M. Pending the further consideration of section elovei report of the Committee on Education and Public Ins the Convention, on motion of Mr. Braxton, adjourned Digitized by Google ^UBNAL OF THE CONSTITUTIONAL CONVENTION. 363 MONDAY, JANUARY 27, J902. intion assembled at 10 o'clock A. M. Prayer by Beauchamp, of the Methodist Episcopal church, f the Convention was called and the following re present and answered to their names : , George K. Anderson, W. A. Anderson, Barbonr, Thomas H. oaz, Bolen, Bouldin, Braxton, Brown, P. W. Campbell, Carter, way, Eggleeton, Gamett, Gilmore, Gilleepie, Glass, K. L. Gordon, amilton, Hancock, Hardy, Hatton, Hubard, Hunton. Ingram, iezell, Kendall, Lincoln, Lindsay, Lovell, Mcllwaine, Meredith, , Orr, Phillips, Pollard, Portlock, Richmond, Robertson, Stuart, , Thom, Thornton, Tumbull, Waddill, Walker, Watson, Willis. 7 J and Mr. President— 59. %l of Saturday's proceedings was read and ap- ibsence was granted the following members : indefinite leave, on motion of Mr. Brown. R, indefinite leave, on motion of Mr. Brown. iTSON, two days, on motion of Mr. Richmond. 3, four days, on motion of Mr. Meredith. EALL, one day, to-day, on motion of Mr. Gwyn. RON, one day, to-day, on motion of Mr. Hamilton ER, three days, beginning to-day, on motion of Mr •f Washington. CB, one day, to-day, on motion of Mr. Thom. NDSAY and Pollard presented petitions from citi- marle county and Richmond city, respectively, re- nsing the sale of intoxicating liquors, which were iie Committee on Preamble and Bill of Rights. LT, from the Committee on Agriculture, Manufac- [ndustrial Interests, and Immigration, made are- was ordered to lie on the table and be printed, of the report of the Committee on Education and action, as amended in committee of the whole, be- lished business of the day, was taken up. ELL moved to amend by striking out, in line six, rd **Mary " all the words down to and including alleges," in line nine. [ERS moved as a substitute the following : Strike '^ords beginning with ** in," in line 7, down to and e word ** the *' before the word '* act,'' in line 7, I lieu thereof the following, *' not be construed as or prohibiting the continuing or discontinuing by Assembly of the payment of interest on certain ►y certain schools and colleges as provided by law/' Digitized by Google 364 JOURNAL OF THE CONSTITUTIONAL CONVENTION. On motioQ of Mr. McIlwaine the session of to-daj tended fifteen minutes. Mr. Barbour called the pending question. The question being ordered the substitute as proposed Withers was adopted. Mr. Eggleston moved to amend bv striking out ii the word ** and '' and inserting after the word ** couni words ** and districts '' and striking out the word *' or, 12, and adding after the word ** county " the words ** district.'' — which was agreed to. Mr. Eggleston then moved to insert after the word in line 3, the words ** or some political sub-division — which was agreed to. On motion of Mr. Brown the session of to-day was ten minutes more. Mr. Gillespie moved to amend by striking out all t from the word '* provided" in line 4 down to and the word '* Mary '' in line 6. Mr. Thornton called the pending question. The question being ordered, the amendment was rejected. On motion of Mr. McIlwaixe section 11 as arae then adopted, and on his motion to reconsider the which the section was adopted, it was decided in the The report of the Committee on Education and I struction, as amended by the Convention was then and on motion of Mr. McIlwaine, ordered to be pri referred to the Committee on ** Final Revision and Ad, of the various provisions of the Constitution that may upon, and upon the Schedule." Mr. Pollard offered an amendment to section one port of the Committee on the Elective Franchise, et was, on hi? motion, ordered to lie on the table and b( The President then declared the Convention adjoui 10 o'clock A. M. to-morrow. TUESDAY, JANUARY 28, 1902. The Convention assembled at 10 o'clock A. M. Rev. Dr. W. W. Lear, of the Methodist Episcopal ch The roll of the Convention was called, and the members were present and answered to their names : Digitized by Google . OF THE CONSTITUTIONAL CONVENTION. 365 ' rge K. Anderson, W. A. Anderson, Barbour, Thomas rZ, Bolen, Bouldin, Braxton, Bristow, Brooke, Brown, pbell, Carter, Chapman, Crismond, Dunaway, .Fair- t, Gilmore, Gillespie, Glass, James W. Gordon, R. L. 1, Hamilton, Hancock, Hardy, Hatton, Hubard, Hun- :t B. Jones, G. W. Jones, Keezell, Kendall, Lawson, veW, Mcllwaine, Meredith, Miller, Moncure, R. Walton ioore, O'Flaherty, Orr, Phillips, Pollard, Portlock, Stuart, Summers, Tarry, Thom, Thornton, TumbuU, tson, Willis, Withers, Woodhouse, Yancey, and Mr. yesterday's proceedings was read and ap- Tered an ordinance, No. 284, relating to the e, which was ordered to lie on the table and e was granted the following members : wo day, on motion of Mr. Willis. New Kent, indefinite leave, on motion of Mr. finite leave, on motion of Mr. Carter. [r. Cameron, the Committee on the Execu- vas granted permission to sit during to-day's vention. >. Brooke, the Convention resolved itself into e whole upon the report of the Committee on and Government of Cities and Towns, Mr. bair. 3 passed in the committee of the whole, the 3d the chair, and Mr. Withers reported that i had under consideration the report of the rganization and Government of Cities and lirected him to report the same, with amend- rention. [r. Braxton the secretary was directed to as- 3f the delay in printing the report of the Com- Ltions. ade a minority report from the Committee on ich was ordered to lie on the table and 500 inted. Ir. Green the secretary was directed to have Tt of the Committee on Corporations, printed ;t, if it be necessary, in order to have it here -nincr. Ir. EoriLESTON, the Convention adjourned. i| Digitized by Goi 366 JOUttNAL OP THB CONSTITUTIONAL CONVENTION. WEDNESDAY, JANUARY 29, 1902. 1 The Convention assembled at 10 o'clock A. M. Pi Rev. Dr. H. E. Johnson, of the Methodist Episcopal ct The roll of the Convention was called, and the fc members were present and answered to their names : Messrs. Allen, George K. Anderson, "W. A. Anderson, Barbour, Thomas H. Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, Bristo'w Brown, P. W. Campbell, Carter, Chapman, Crismond, Dunaway, Eggleston, Fairfax, Fletcher, Garnett, Gilmore, Gillespie, Glass, 1 don, James W. Gordon, R. L. Gordon, Green, Gwyn, Hamilton, Hardy, Hatton, Hubard, Hunton, Ingram, Clagf2:ott B. Jones, G. Keezell, Kendall, Lawson, Lindsay, Lovell, Mcllwaine, Meredii Moncure, R. Walton Moore, Thomas L. Moore, O'Flaherty, Orr, Pi igo, Philllips, Pollard, Portlock, Quarles, Richmond, Rives, Stu mers, Tarry, Thom, Thornton, Turnbull, Waddill, Walker, Watsc Wise, Withers, Woodhouse, Yancey, and Mr. President — 76. The journal of yesterday's proceedings was read ; proved. Leave of absence was granted the following members Mr. Hardy, five days, on motion of Mr. Turnbull. Mr. Wysor, indefinite leave, on motion of Mr, iNORi On motion of Mr. Brooke, the report of the Comn the Organization and Government of Cities and To amended in the committee of the whole was taken up. Section one was adopted, and on motion of Mr. Ak of Alleghany, to reconsider the vote, by which it was i it was decided in the negative. Mr. Brooke moved to amend section 2, by inserti the word *' until,'' in line II, the following words : '* cept in so far as." — which was agreed to. Mr. Hatton moved to further amend by striking on 14 all the words after the word '* in " down to and ii the word '*of " in line 15. —which was agreed to. Section 2, as amended, was then adopted. — and, on motion of Mr. Brooke to reconsider the which it was adopted, it was decided in the negative. Sections 4 and 5 were then adopted. — and, on motions severally made by Mr. Brooke to re the votes by which these sections were adopted, they cided in the negative. Mr. Ingram moved to amend section G by striking after the word *' years " in line 3. Mr. Anderson, of Alleghany, called tlie pending q Digitized by Google OURKAL OF THE CONSTITUTIONAL CONVENTION. 367 ing question being ordered, the amendment was re- 5, 28 ; noes, 41. lotion of Mr. Braxton, the vote was recorded as re. Allen, W. A. Andereon. Bouldin, Braxton, Bristow, Brown, iU, Crismond, Earman, Garnett, Glass, R. L. Gordon, Green, n, Cla^gett B. Jones, G. W. Jones, Mellwaine, Meredith, R. >, Orr, Pedigro, Pollard, Quarles, Stuart, Thorn, Willis, and re. George K. Andereon, Barbour, Barham, Thomas U. Boaz, Bolen, Brooke, Carter, Chapman, Dunaway, Fairfax, lore, B. T. Gordon, James W. Gordon, Hardy, Hatton, Hun- ^endall, Lawson, Lindsay, Lovell, Miller, Moncure, Thomas laherty. Parks, Phillips, Richmond, Summere, Tarry, Thom- , VVaddill, Watson, Withere, Woodhouse, Yancey, and Mr. >SAY moved to amend by adding after the word iine 7, the words ** but in cities of less than 10,000 , there shall be no city sergeant when such city has or corporation court. LLEs moved to amend the amendment by striking rds ''hustings or corporation'* and inserting in the word "separate," which was accepted by Mr. s called the pending question. The pending ques- ►rdered, the amendment was rejected, was then adopted, and, on motion of Mr. Brooke r the vote, by which it was adopted, it was decided bive. )KE moved to amend section 7 by striking out in words ' ' the term ' ' and ' ' his ' ' and inserting after during '' in 13, the words *' his terms.'' s agreed to. n of Mr. Brooke the further consideration of section dby. was then adopted. motion of Mr. Brooke to reconsider the vote, by ks adopted, it was decided in the negative. EDITH moved to amend section 9, by adding at end d© following : " No ordinance or joint resolution ap- money exceeding the sum of one hundred dollars, ixes, or authorizing the borrowing of money, shall jxcept by a recorded vote of two-thirds of all the ected to each branch of the council of said cities, of the veto by the mayor of such ordinance or joint it shall require a recorded vote of three-fourths of rbers elected to each branch of the council to pass Digitized by Gool 368 JOURNAL OF THE C0.V8TITUTI0NAL COKVEKTrOK. the same over such veto in the manner provided in sect — which was rejected. * ' Mr. Hatton moved to amend by adding at the end of the following : *' No ordinance or joint resolution approj money exceeding the sum of one hundred dollars, iu taxes, or authorizing tlie borrowing of money, shall be except by a recorded vote of a majority of all the m elected to each branch of the council of said cities, and of the veto by the mayor of such ordinance or joint res< it shall require a recorded vote of two-thirds of all the nc elected to each branch of the council to pass the same ov veto in the manner provided in section 9/^ Mr. Glass called the pending question. The pendir tion being ordered, the amendment was adopted — aj noes, 16. On motion of Mr. Hatton, the vote was recorded as i Ayks — Messrs. Allen, W. A. Andernon, Barhaiu, Thomas H. Bart din, Braxton, Chapman, Earman, Fairfax, Garnett, (xilmore, Gil T. Gordon, R. L. Gordon, Green, Gwyn, Hamilton, Hancock, Ha ton, Hubard, Ingn*am, G. W. Jones, Ivendall, Lindsay, Ix>vell, M Meredith, Miller. R. Walton Moore, Thomas L. Moore, O'Flahc Parks, Phillips, Pollard, Portlock, Quarleg, Richmond, Stuart, S Tarry, Thornton, Turnbull, Waddill, Walker, Willis, Wise, Withei house, Yancey, and Mr. I'resident — 63. Noes — Messrs. George K. Anderson, Barbour, Bristow, Brook* P. W. Campbell, Crismond, Dunaway, Fletcher, Glass. James W, Hunton, Lawson, Pedigo, Tlioni,and Watson — 16. Mr. Meredith then moved to amend section 9, as a by adding at end of the section, the following : ** Noth tained in this section shall be construed to repeal any ion in any existing city cliarter requiring a two-thirds the passage of any ordinance as to the appropriation of imposing taxes or authorizirg the borrowing of money,' — which was agreed to. Section 9, as amended, was then adopted. Section 10 was then adopted. On motions severall}^ made by Mr. Brooke, the ' which sections 9 and 10 were adopted, they were decide negative. Mr. Meredith moved to amend section 11, by inserti the word ** years *' in line 17, the following : ** Before | such franchise or privilege for a term of years, except trunk railway, such municipality shall first, after du- tisement, receive bids therefor publicly in such manner be provided by law, and shall then act as may be requ bylaw.'' — which was adopted — ayes, 54 ; noes, 13. m Digitized by VjOOQIC- OXJBNAL OF THE CONSTITUTIONAL CONVENTION. 369 otion Mr. Portlock, the vote was recorded as follows : Messrs. Allen, W. A. Anderson, Thomas H. Barnes, Boaz, Bolen, Bristow, Brown, Chapman, Fairfax, Garnett, Gilmore, Gillespie, T. Gordon, James W. Gordon, R. L. Gordon, Green, Gwyn, Ham- ncock, Hardy, Hubard, Ingram, Claggett B. Jones, G. W. Jones, Lawson, Lindsay, Lovell, Mellwaiue, Meredith, Miller, R, Walton rr, Parks, Pedigo, Phillips, Pollard, Quarles, Richmond, Stuart, 1, Tarry, Thornton, Tumbull, Waddill, Walker, Willis, Wise, Woodhouse, Yancey, and Mr. President — 54. -Messrs. Barbour, Blair, Bouldin, Brooke, P. W. Campbell, Cris- anaway, Eggleston, Hatton, Hunton, Portlock, Rives, and Thom jn 11, as amended, was then adopted, on motion of Mr. Brooke to reconsider the vote by t was adopted, it was decided in the negative. >ns 12, 13 and 14 were then adopted, on motions severally made by Mr. Brooke to reconsider js by which these sections were adopted, they were de- i the negative. otion of Mr. Stuart, the Convention resolved itself into littee of the whole upon the report of the Committee on tural. Manufacturing and Industrial Interests and Im- on, Mr. Glas^ in the chair. some time passed in the committee of the whole, the ENT resumed the chair, and Mr. Glass reported that the tee had risen without coming to any conclusion upon iter referred to them. lour of two having arrived, the President announced vention adjourned until 10 o'clock A. M. to-morrow. THURSDAY, JANUARY 30, 1902. Convention assembled at 10 o'clock A. M. Prayer by r. R. M. Maxey, of the Methodist Episcopal church, •oil of the Convention was called and the following mem- sre present and answered to their names : . Allen, George K. Anderson, W. A. Anderson, Barbour, Barham, H. Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, Bristow, Brooke, ^.W. Campbell, Carter, Chapman, Crismond, Dunaway, Earman,Eg- Fairfax, Fletcher, Garnett, Gilmore, Gillespie, Glass, B. T. Gordon, f. Gordon, H. L.Gordon, Green, Gwyn, Hamilton, Hancock, Hat- 3ker, Hubard, Hun ton, Ingram, Claggett B. Jones, G. W. Jones, Kendall. Lawson, Lincoln, Lindsay, Lovell, Mcllwaine, Meredith, oncure, R. Walton Moore, O'Flaherty, Orr, Parks, Pedigo, Phil- lard, Portlock, Quarles, Richmond, Rives, Stebbins, Stuart, Sum- 47 i Digitized by Googk 870 jouBKAti ot THi ooKffnnrnoKAL oonyektion. men, Tarry, Thorn, Thornton, TumbuU, Waddill, Walker, Watson, oott, Willifl, Wise, Withers, WoodhouBe, Yancey, and Mr. President— 7 The journal of yesterday's proceedings was read and proved. Leave of absence was granted the following members : Mr. Davis, indefinite leave, beginning to-day, on motioi Mr. Pedigo. Mr. OiLLBSPiB, five days, on motion of Mr. Orr. Mr. Grbgort, three days, beginning to-day, on motioi Mr. Willis. Mr. Marshall, three days, on motion of Mr. Orr. Mr. OiLMORB, three days, on motion of Mr. Andkrsojs Rockbridge. Mr. Thom, one day, Saturday, on motion of Mr. Moore Fairfax. Mr. Cameron, indefinite leave, beginning yesterday, on tion of Mr Hamilton. Mr. Barbour presented a petition from the faculty of P burne Military School; relating to licensing the sale of int eating liquors, which was referred to the Committee on '. amble and Bill of Rights. Mr. Green, from the Committee on Preamble and Bil Rights, made a report which was ordered to lie on the t and be printed. Mr. Fairfax, from the Committee on Taxation and Fina made a report which was ordered to lie on the table and printed. The President laid before the Convention a communica from the Secretary, relating to the local revenues received each county, city and town, which was ordered to be prii as Document No. 16. On motion of Mr. Stuart the Convention resolved itself a committee of the whole upon the report of the Committee Agricultural, Manufacturing, and Industrial Interests and migration, Mr. Glass in the chair. After some time passed in committee of the whole the Pb DENT resumed the chair, and Mr. Glass reported that the c mittee had risen without coming to any conclusion upon matter referred to them. Mr. Anderson, of Rockbridge, proposed the following r lution and asked its immediate consideration, which agreed to : Resolved, That the Committee on Final Revision and adj ment of the various provisions of the Constitution that maj agreed upon, and upon the Schedule, be increased by the Digitized by Google JOURKAL OF THE CONSTITUTIONAL CONVENTION. 371 two members to be appointed by the President of the on. 1 his motion, the resolution was adopted. tion of Mr. Barnes, of Nansemond, the Convention i. FRIDAY, JANUARY 31, 1902. onvention assembled at 10 o'clock A. M. Prayer by 3. Betty, of the Methodist Episcopal church. >11 of the Convention was called, and the following were present and answered to their names : Ulen, George K. Anderson, Barbour, Barham, Manly H. Barnes' . Barnes, Blair, Boaz, Boiildin, Braxton, Bristow, Brooke, Brown, ipbell. Carter, Cbapman, Dunaway, Earman, Egglestou, Fairfax, jarnett, Glass, B. T. Gordon, James \V. Gordon, R. L. Gordon, yn, Hancock, Hatton, Hooker, Hubard, Hunton, Ingrain, Clag- nes, G. VV. Jones, Kendall, Lawson, Lincoln, Lindsay, Lovell, Mc- ileredith, Miller, Moncure, R. Walton Moore, O^FIaherty, Orr, Ligo, Phiillips, Pollard, Portlock, Quarles, Richmond, Rives, Steb- rt, Summers, Tarry, Thom, Thornton, Turnbull, Waddill, Walker, ^escott, Willis, Wise, Withers, Woodhouse, Yancey, and Mr. Pres- >urnal of yesterday's proceedings was read and ap- JRNBULL offered the following resolution and asked its te consideration, which was agreed to. Ived, That the Auditor of Public Accounts be, and he 7 requested to furnish the Convention as soon as pos- h the number of colored voters in each of the counties s of the State, who have listed for taxation for the year I hundred dollars assessed value of property, whether 3onal or both combined." ^ALKER called the pending question. The pending being ordered the resolution was adopted. EiESiDENT, under the resolution proposed by Mr. An- of Rockbridge, and adopted on yesterday, announced intment of Messrs. Meredith and Watson on the Com- 1 Final Revision and Adjustment. of absence was granted the following members : cIlwaine, two days, on motion of Mr. Orr. EEZELL, three days, beginning to-day, on motion of KS. aiSMOND, two days, beginning to-day, on motion of Mr. i Digitized by Google 372 JOUBKAL OF THB OONSTITUTIONAL CONTENTION. Mr. Thornton, three days, on motion of Mr. Rives. Mr. BoLBN, three days, beginning to-day, on motion of '. GWYN. Mr. Willis, one day, on motion of Mr. Anderson, of A ghany. Mr. MooRB,of Montgomery, three days, beginning to-day motion of Mr. Jones, of King and Queen. Mr. Brookb, one day, on motion of Mr. Thom. Mr. Glass, two days, on motion of Mr. Lindsay. Mr. Flbtchbr, one day, to-day, on motion of Mr. Gordon Nelson. Mr. MuNDY, indefinite leave, on motion of Mr. Jones, King and Queen. On motion of Mr. Stuart the Convention resolved itself i a committee of the whole upon the report of the Committee Agricultural, Manufacturing and Industrial Interests Immigration, Mr. Glass in the chair. After some time passed in the committee of the whole President resumed the chair, and Mr, Glass reported that committee had had under consideration the report of the C mittee on Agricultural, Manufacturing and Industrial Inter and Immigration and had instructed him to report the same v amendments. On motion of Mr. Braxton the report of the Committee Corporations was set as the special order for 10 : 30 o'cl Tuesday. On motion of Mr. Stuart the report of the Committee Agricultural, Manufacturing and Industrial Interests Immigration, as amended by the committee of the whole, taken up. Mr. Eggleston proposed the following amendment to sectic Add after the word "years'' in line 8 the following: '* who shall be a member of the board and ex-officio its presider Mr. Lindsay moved to amend the amendment by adding ^ords : ''and who shall be elected by the qualified voters of State." Mr. Wescott called the pending question. The penc question being ordered, the amendment to the amendment rejected — ayes 30 ; noes 36. — and on motion of Mr. Boaz the vote was recorded as folio Ayes— Messrs. Barbour, Barham, Manly H. Barnes, Thomas H. Ba: Boaz, Bouldin, Bristow, Chapman, Earman, Garnett, B. T. Gordon, ] Gordon, Green, Hancock, Hubard, G. W. Jones, Lhidsay, Lovell, ^ waine, O'Flaherty, Parks, Pedigo, Phillips, Quarles, Richmond, Sumr Tarry, Thom, Watson, Wescott, Withers, Yancey, and Mr. President Nobs — Messrs. AUen, George K. Anderson, Blair, Braxton, Brc Brown, P. W. CampbeU, Carter, Dunaway, Eggleston, Fairfax, Jame Digitized by Google^ OTJRNAL OF THE CONSTITUTIONAL CONVENTION. 373 ryn, Hamilton, Hatton, Hooker, Hunton, Ingram, Claggett B. iall, Lawson, Lincoln, Meredith, Miller, Moncure, Oir, FoUard, ives, Stebbins, Stuart, Turnbull, Waddill, Walker, WilliB, and [owing pair was announced : ORE, of Fairfax, with Mr. Glass. ;t named would have voted in the affirmative. 3stion then recurring on the amendment proposed by ESTON, the question was, on motion of Mr. McIl- vided and the vote being taken on the first branch of Iment, it was rejected — ayes 18 ; noes 49. motion of Mr. McIlwaine, the vote was recorded as issrs. Brlstow, Carter, Earman, Eggleston, B. T. Gordon, R. L. een, Hubard, Lawson, Lindsay, MelWaine, Orr, Parks, Quarles, Watson, Withers, and Mr. President — 18. ^asrs. Allen, George K. Anderson, Barbour, Barham, Manly H. ir, Boaz, Bouldin, Braxton, Brooke, Brown, Chapman, Duna- X, Gamett, Glass, Gwyn, Hancock, Hatton, Hooker, Hunton, Lggett B. Jones, G. W. Jones, Kendall, Lincoln, Lovell, Mere- , O'FIaherty, Pedigo, Pollard, Portlock. Rives, Stebbins, Stuart, 'arry. Thorn, Turnbull, Waddill. Walker, Wescott, Willis, and tir then declared that the defeat of tSe first branch Lth it the second branch. JART moved to amend by inserting in line 13 after the jmbers" the words '*not exceeding three/' which was Ilwaine moved to strike out all in lines 12 and 13, 3 agreed to — ayes 36 ; noes 23. motion of Mr. Lindsay the vote was recorded as jssrs. George K. Anderson, Manly H. Barnes, Thomas H. Barnes, ow. Carter, Dunaway, Earman," Eggleston, Gamett. James W. L. Gordon, Gwyn, Hancock, Hooker, Hubard, Claggett B. ^ Jones, LawBon, Lincoln, Lindsay, Lovell, McIlwaine, Mere- ire, Orr, Parks, Pedigo, Phillips, Quarles, Tarry, Watson, Wise, incey, and Mr. President — 36. 38srs. Allen, Barbour, Boaz, Bouldin, Braxton, Brown, P. W. Fairfax, Ingram, Miller, O'Flaherty, Pollard, Portlock, Rich- es, Stebbins, Stuart, Summers, Turnbull, Waddill, Walker, id WUlis— 23. 3WN moved to amend by inserting after the Immigra- le 18, the following: '*but no member of the board ligible to such election/' which was agreed to— ayes 2. motion of Mr, Eggleston, the vote was recorded as Digitized by VjOOQIC 874 JOURNAL OF THE 00W8TITUTI0NAL CONVEKnON. AYBS—Messrs. Allen, George K. Anderson^ Barbour, Barham, Ma Barnes, Thomas H. Barnes, Blair, Boaz, Bouldin, Braxton, Brown, Campbell, Carter, Chapman, Dunaway, Eggleston, Fairfax, Gamett GorcU>n, James W. Gordon, R. L. Gordon, Gwyn, Hancock, Hatto bard, Ingram, Claggett B. Jones, G. W. Jones, Lawson, Lincoln, Li: Lovell, Mcllwaine, Meredith, Miller, Moncure, O'Flaherty, Orr, '. Phillips, Pollard, Portlock, Qnarles, Richmond, Rives, Stebbins, S Summers, Tarry, Thom, Tumbull, Waddill, Walker, Watson, Wi Willis, Wise, Withers, Yancey, and Mr. President— 60. Nobs— Messrs. Bristow, and Pedigo— 2. Mr. Pedigo moved to amend by striking out in line 3 the word "State," all the words down to and includin word * 'years" in line 8, and insert in lieu thereof, the i **who shall be elected by the people." Mr. Brown moved to lay the motion on the table, — which was agreed to. Mr. Barbour moved to amend by inserting after the ^ **four years" the words, '*and who shall be elected b qualified voters of the State," which was agreed to — aye noes, 28. — and on motion of Mr. Barbour the vote was record* follows : Aybs — Messrs. peorge K. Anderson, Barbour, Barham, Manly H. I Thomas H. Barnes, Blair, Boaz, Bouldin, Bristow, Brooke, Chapmai man, Gamett, R. L. Gordon, Gwyn, Hancock, Hubard, G. W. Jone^ son, Lindsay, LoveU, Mcllwaine,* ()' Flaherty, Parks, Pedigo, PI Qnarles, Richmond, Summers, Tarry, Thom, Watson, Weecott, W Woodhonse, and Mr. President— 36. * Nobs — Messrs. AUen, Braxton, Brown, P. W. Campbell, Carter, way, Eggleston, Fairfax, James W. Gordon, Hatton, Hooker, H Ingram, Claggett B. Jones, Ldncoln, Meredith, Miller^Moncure, Or lard, Portlock, Rives, Stuart, Tumbull, Waddill, Walker, Willi Wise— 28. The following pairs were announced : Mr. Fletcher with Mr. Stebbins. Mr. Moore, of Fairfax, with Mr. Glass, The first named in each instance would have voted i affirmative. Mr. Barbour moved to reconsider the vote by whicl amendment was adopted, which was decided in the negati Mr. Carter proposed the following as a substitute for the ' section. **The General Assembly, shall establish and mail at the seat of government with such subordinate branches where, as may be necessary, a Bureau of Agriculture au< migration, with powers and duties to be defined by law." Mr. Barbour moved to amend the substitute by adding the word ''law" the foUowiag : * 'provided that the executive officer of said bureau shall be a Commissio] Digitized by Goo^''^ JOimKAL OF THB OONSnTUTIONAL OONVXNTIOK. 376 Agriculture and Immigration, who shall be elected by the qualified voters of the State for a term of four years." Mr. Egglbston moved to amend the section by striking out all after the word officers, in line 17, down to line 20. — which was agreed to. Mr. Barbour withdrew his amendment to Mr. Carter's sub- stitute, whereupon Mr. Quarlbs renewed the amendment, and the vote being taken on it, it was rejected. The question then recurring on the substitute offered by Mr. Carter, it was rejected — ayes, 13 ; noes, 51. — and, on motion of Mr. Carter, the vote was recorded as follows : Ayes— Meflsrs. Blair, Brooke, Carter, Dunaway, B. T. Gordon, James W. Gordon, R. L. Gordon, Hatton, Hooker, Pedigo, Quarles, Thorn, and Wat- son—18. !NoES — Messrs. Allen, George K. Anderson, Barbour, Barham, Boaz, Bonldin, Braxton, Bristow, Brown, P. W. Campbell, Chapman, Earman, Eggleston, Fairfax, Gamett, Glass, Green, Gwyn, Hancock, Hunton, In- gram, Claggett B. Jones, G. W. Jones, Kendall, Lincoln, Lindsay, Lovell, Mcllwaine, Miller, Moncore, O'Flaherty, Orr, Parks, Phillips, Pollard, Portlook, Richmond. Rives, Stebbins, Stuart, S^n^mers, Tarry, Tumbull, Waddill. Walker, Wescott, Willis, Withers, Woodhouse, Yancey, and Mr. President— 61. The following pairs were announced : Mr. Barnes, of Nansemond, with Mr. Meredith. Mr. HuBARD with Mr. Wise. The first named in each instance would have voted in the affirmative. Section 1, as amended, was, on motion of Mr. Stuart, adopted. Mr. Fairfax moved to reconsider the vote by which section 1 was adopted, which was decided in the negative. On motion of Mr. Stuart, the report of the Committee on Agricultural, Manufacturing and Industrial Interests and Im- migration, as adopted by the Convention, was ordered to be printed and referred to the Committee on Final Revision and Adjustments of the Various Provisions of the Constitution that may be agreed upon, and upon the schedule. On motion of Mr. Meredith, the Convention adjourned. SATURDAY, FEBRUARY 1, 1902. The Convention assembled at 10 o'clock A. M. Prayer by Rev. W. F. Davis, of the Methodist Episcopal chwch, Digitized by Google 876 JOUBKAL OF THE 00N6TITUTI0NAL CONVENTION. The roll of the Convention was called and the foil members were present and answered to their names : Mefisra. Allen, W. A. Anderson, Barboar, Barham, Manly H. BameE Boaz, Boaldin* Braxton, Brown, P. W. Campbell, Carter, Chapman, Di Earman, Fairfax, Gamett, Glass, B. T. Gordon, James W. Gordon, K. L. < Green, Gwyn, Hamilton, Hancock, Hooker, Habard, Hun ton, Ingram, B. Jones, G. W. Jones, Kendall, Lawson, Lincoln, Lindsay, Lovell, M Miller, Moncnre, O'Flaherty, Orr, Parks, Pedigo, Phillips, Pollard, I Qoarles, Richmond, Rives, Stebbins. Summers, Tarry, Tarn bull, Waddill, Watson, Wescott, Wise, Withers, Yancey, and Mr. President— 61. Tlie journal of yesterday's proceedings was read ai proved. Leave of absence was granted the following members : Mr. Moore, of Fairfax, two days, beginning to-day, < tion of Mr. Hunton. Mr. Barnes, of Nansemond, two days, beginning to-d motion of Mr. Lawson. Mr. WooDHOUSE, two days, beginning to-day, on mot Mr. GwYN. Mr. PoRTLOCK, three days, on motion of Mr. Walker. Mr. Hatton, two days, beginning to-day, on motion < PORTLOCK. Mr. Glass, two days, on motion of Mr. Lindsay. Mr. Withers offered the following resolution : ** Resolved, That beginning Tuesday, February 4, 19( Convention shall assemble and be called to order at 10 < A. M., and remain in session until 1 o'clock P. M., wli chair shall be vacated until 3 o'clock P. M., at which he President shall resume the chair, and the Conventior remain in session until 5 o'clock P. M., provided that o urdays the morning session shall continue until 2 o'clock at which hour it shall be vacated for the day." — which, on his motion, was ordered to lie on the table. On motion of Mr. Green, the Convention resolved its^ a committee of the whole, upon the report of the Corr on Preamble and Bill of Rights, Mr. Turnbull in the cl After some time passed in the committee of the whc President resumed the chair and Mr. Turnbull report* the committee had risen without coming to any con< upon the matter referred to them. Mr. Barbour moved that when the Convention ad jo day, it adjourn to meet at 12 o'clock Monday. On motion of Mr. Waddill, the Convention adjournec Digitized by VjOOQIC- tNAL OF THB 00N8TITDTI0NAL CONVENTION. 377 UESDAY, FEBRUARY 4, 1902. tion assembled at 10 o'clock A. M. Prayer ICHARD McIlvvaink, of the Presbyterian church, the Convention was called, and the following present and answered to their names : . A. Anderson, Ayere, Barbour, Manly H. Barnes, Thomas Boaz, Bouldin, Braxton, Bristow, Brooke, Brown, P. W. CJrismond, Dunaway, Earman, Eggleaton, Fairfax, Fletcher, jiaes. B. T. Gordon' James W. Gordon, R. L. Grordon, Green, imilton, Hancock, Hatton, Hooker, Hubard, Hunton, Ingram, G. W. Jones, Keezell. Kendall, Lawson, Lincoln, Lindsay, Mcllwaine, Meredith, Miller, Moncure, Mundy, O'Flaherty, 3, Phillips, Pollard, Quarles, Richmond. Rives, Robertson, immers, Tarry, Thom, Thornton, Turnbull, Vincent, Waddill, 'at«on, Wescott, Willis, Wise, Withers, Wood house, Yancey, -80. of yesterday's proceedings was read and ap- 3nce was granted the following members : .L, of Amherst, one week, beginning Saturday of Mr. Gordon, of Nelson. », four days, on motion of Mr. Lincoln. in introduced by Mr. Withers on Saturday, was n the vote being taken it was rejected — ayes 19 ; trder of the day being the report of the Commit- ions, the Convention on motion of Mr. Braxton, nto a committee of the whole, for the consider- ne, Mr. Eggleston in the chair. me passed in the committee of the whole, the imed the chair and Mr. Eggleston reported that had risen without coming to any conclusion r referred to them. ■ Mr. Eggleston, the Convention adjourned. EDNESDAY, FEBRUARY 5, 1902. , ion assembled at 10 o'clock A. M. Prayer by •t Strange, of the Protestant Episcopal church, the Convention was called, and the following present and answered to their names : 878 JOUBNAL OF THE CONSTITUTIONAL CONVENTION. !dea8TB. Allen, W. A. Anderson, Ayers, Barbour, Manly H. Barnes, Th H. Barnee, Boaz, Boaldin, Braxton, Brietow, Brooke, Brown, F. W. Cam Carter, Chapman, Crismond, Dunaway, Earman, Fairfax, Fletcher, Gamett, more. Giileepie, Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, G Gregory, Gwyn, Hamilton, Hancock, Hatton, Hooker, Hunton. Ingram, gett B. Jones, G. VY. Jones, Keezell. Kendall, LawEon, Lincoln, Lindeay, L Marshall, Mcllwaine, Meredith, Miller, Moncure, R. Walton Moore, Mi O' Flaherty, Orr, Parks, Pedigo, Pollard, Qaarles, Richmond, Rives, Robei Stebbins, Stuart, Summers, Tarry, Thom, Thornton, TurnbuU, Vincent, Wa Walker, Walter, Watson, Wescott, Willis, Wise, Withers, Woodbouse, Ya and Mr. President— 79. The journal of yesterday's proceedings was read and proved. Mr. Orr proposed a resolution, No. 285, relating to the i rage, which was, ou his motion, ordered to lie on the table be printed. Leave of absence was granted the Secretary for one day day, on motion of Mr. Boaz. Indefinite leave of absence was granted the second doorkee on motion of Mr. Jones, of King and Queen. On motion of Mr. Braxton the Convention resolved i into a committee of the whole upon the report of the Comm: on Corporations, Mr. Keezkll in the chair. After some time passed in the committee of the whole, president resumed the chair and Mr. Keezel reported that committee had risen without coming to any conclusion t the matter referred to them. On motion of Mr. Carter the Convention adjourned. THURSDAY, FEBRUARY 6, 1902. The Convention assembled at 10 o'clock A. M, Praye: Rev. Dr. Richard McIlwaine, of the Presbyterian church The roll of the Convention was called and the following n bars were present and answered to their names : Messrs. Allen, W. A. Anderson, Ayere, Barbour, Barham, Manly H. B Thomas H. Barnes, Boaz, Bouldin, Braxton, Bristow, Brooke, Brown, ] Campbell, Garter, Chapman, Criemond, Dunaway, Earman, Eggleston, Fa Fletcher, Gamett, Gilmore, Gillespie, Glass, B. T. Gordon, James W. Gi R. L. Gk>rdon, Green, Gregory, Gwyn, Hamilton, Hancock. Hardy, K Hooker, Hnbard, Hanton, Ingram, G. W. Jones, KeezelU Kendall, La Lincoln, Lindsay, Lovell, Marshall, Mcllwaine, Meredith, Miller, Monca: Walton Moore, Mundy, CFlaherty, Orr, Parka, Pedigo, Pollard, Poi Qaarles, Richmond, Rives, Robertson, fitebbins, Stuart, Summers. Tarry, ' Thornton, Tumbull, Waddill, Walker. Walter, Wescott. Willis, Wise.'W: Woodbouse, Wysor, Yancey, and Mr. President— 82. Digitized by VjOOQ IC J JOUBNAL OF THE CONSTITUTION AX CONVENTION. 379 The journal of yesterday's proceedings was read and ap- proved. Leave of absence was granted the following members. Mr. Gregory, one day, to-morrow, on motion of Mr. Carter. Mr. TuRNBULL, four days, on motion of Mr. Walker. On motion of Mr. Braxton the Convention resolved itself into a committee of the whole upon the report of the Committee on Corporations, Mr. Keezel in the chair. After some time passed in the committee of the whole, the president resumed the chair and Mr. Keezel reported that the committee had risen without coming to any conclusion upon the matter referred to them. On motion of Mr. Braxton the Convention adjourned. FRIDAY, FEBRUARY 7, 1902. The Convention assembled at 10 o'clock A. M. Prayer by Rev. Dr. W. F. Dunaway, of the Baptist Church. The roll of the Convention was called and the following mem- bers were present and answered to their names : Meaere. Allen, W. A. Anderson. AyerB, Barbour, Barbam, Manly H. Bamea Thomas H. Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, Qristow, Brooke, Brown, P. W. Campbell, Carter, Chapman, Crismond, Dnnaway, Barman, Eg- fleeton, Fairfex, Fletcher, Garnett, Gilmore, Gillespie, Glass, B. T. Gonlon, amee W. Gordon, R. L. Gordon, Green, Gwyn, Hamilton, Hancock, Hardy, Hatton, Hooker, Hubard, Hunton, Ingram, G. W. Jones, Keezell, Kendall, Lin coin, Lindsay, Lovely Marshall, Mcllwaine, Meredith, Miller, Moncure, R. Wal ton Moore, Mundy, 0*Flaherty, Orr, Parks, Pedigo, Pollard, Portlock, Qoarles, Richmond, Rives, Roberteon, Stebbins, Stuart, Summers, Tarry, Thom, Thorn- ton, Waddill, Walker. Walter, Watson, Wescott, Willis, Wise, Withers, Wood boofe, Wysor, and Mr. President— 81. The journal of yesterday's proceedings was read and ap- proved. Leave of absence was granted the following : Mr. Bristow, indefinite leave, on motion of Mr. Garnett. Mr. Lawson, three days, on motion of Mr. Barnes, of Nanse- raond. Mr. Lincoln, one week (beginning Monday), on motion of Mr. Rives. Mr. Wescott, one day (to-morrow), on motion of Mr. Hat- ton. Mr. Moore, of Fairfax, one day, on motion of Mr. Stuart. The first door-keeper (Mr, Sullivan) , four days, on motion of Mr, BoAZ. Digitized by Google 380 JOURNAL OF THE CONSTITUTIONAL CONVENTION. On motion of Mr. Braxton the Convention resolved i into a committee of the whole upon the report of the Comm on Corporations, Mr. Kkezell in the chair. After some time passed in the committee of the whole President resumed the chair and Mr. Keezkll reported the committee had risen without coming to any conclu upon the matter referred to them. Mr. Barbour presented a substitute for the report of the ( mittee on the Elective Franchise, etc., which was ordere lie on the table and be printed. On motion of Mr. Gordon, of Richmond, the Conventioi journed. SATURDAY, FEBRUARY 8, 1901. The Convention assembled at 10 o'clock A.M. Praye Rev. Dr. W. T. Snead, of the Protestant Episcopal church The roll of the Convention was called and the foUo^ members were present and answered to their names : Messrs. Allen. W. A. Anderson, Ayers, Barbour, Barham, Thomas H. B Blair, Boaz, Boien, Bouldin, Braxton, Brown, P. W. Campbell, Carter, ' man, Dunaway, Earman, Eggleaton, Fairfax, Flood, Gilmore, Gillespie, Gli T. Gordon, James W. Gordon, R, L. Gordon, Green, Gregory, Gwjm, ilton, Hancock,' Hardy, Harrison, Hatton, Hooker, Hunton, Ingram, ( Jones, Keezell, Kendall, Lincoln. Lovell, Marshall, Mcllwaine, Meredith, P Moncure, Mnndy, O'Flahertv, Orr, Parks, Pedigo, Pollard, Portlock, Qi Richmond, Robertson, Stebbins, Stuart, Summers, Tarry, Thom. Thornton, dill, Watson, Wise, Withers, Woodhouee, Wysor, and Mr. President.— 70. The journal of yesterday's proceedings was read and proved. Leave of absence was granted the following : Mr. Garnbtt, three days, beginning to-day, on moti( Mr. Wise. Mr. Willis, one day, to-day, on motion of Mr. Lovell. Mr. HuBARD, five days, on motion of Mr. Wise. Mr, Gordon, of Louisa, two days, on motion of Mr. Brax Mr. Walker, three days, on motion of Mr. Kendall. Mr. Hancock, two days, on motion of Mr. Ingram. Mr. Lindsay, one day, to-day, on motion of Mr. Quai Mr. Tarry, six days, on motion of Mr. Gillespie. Mr. Stuart, one day, on motion of Mr. Hunton. Mr. Barbour moved that when the Convention adj to-day, it adjourn to meet Monday at 12 o'clock M., which agreed to. Digitized by Googk NAL OF THB CONSTITUTIONAL CONVENTION. 381 ' Mr. Braxton the Convention resolved itself ie of the whole, upon the report of the Commit- ions, Mr. Keezell in the chair, me passed in the committee of the whole the imed the chair, and Mr. Keezell reported that had risen without coming to any conclusion r referred to them. Y proposed Resolution No. 286, relating to suf- as, on his motion, ordered to lie on the table Mr. DuNAWAY the Convention adjourned. ONDAY, FEBRUARY 10, 1902. ion assembled at 10 o'clock A. M. Prayer by je Cooper, of the Baptist church, le Convention was called and the following mem- snt and answered to their names : eorge K. Anderson, W. A. Anderson, Ay era, Barbour, Bar- nes, Blair, Boaz, Bolen, Bouldin, Braxton, Brooke, Brown, i*. W. Campbell, Carter, Cbapman, Cobb, Crismond, Eggleston, Fairfax, Gilmore, Gllleppie, B, T. Gordon, James Gregory, Gwyn, Hamilton, Hardy, Harrison, Hatton, Hooker, ylagjjett B. Jones, G. W. Jones, Keezell, Kendall, Lindsay* le, Meredith, Miller, Moncure, R. Walton Moore, Mundy, arks, Pedigo. Pollard, Portlock, Quarles, Richmond, Rives, s, Summers, Thorn, Thornton, Waddill, Walker, Wise, Withers, esident — 71. of yesterday's proceedings was read and ap- 3nce was granted the folllowing : , two days, on motion of Mr. Green. :r, indefinite leave, on motion of Mr. Hunton. three days, on motion of Mr. Gregory. i offered the following resolution : That beginning at one o'clock to-morrow the le whole shall commence the consideration of the ommittee on Corporations by sections and sub- > continue from daj^ to day until the same is ing which period, no member shall speak for aty minutes at any one time to the same ques- ad time until every other member desiring to en." '. MiLRSHALL proposed the following amendment : Digitized by ^ 382 JOUBKAL OF THK OONBTItUTlONAL CONVENTIOH. ''And that on Thursday, February 13, 1902, a vote b upon the report of the committee and upon all amen and substitutes thereto then pending, and said votes i taken before adjournment upon said day/' Mr. Lindsay called the pending question. — which was rejected. The vote was then taken on the amendment offered Mabshall. — and it was rejected. The question then being on the resolution offered Lindsay, Mr. Walker called the pending question. The pending question being ordered, the amendmc was rejected — ayes, 31 ; noes, 36. \ — and on motion of Mr. Lindsay the vote was recorde* lows : Atbb— Meesra. George K. Anderson, Ayers, Barbour, Barham, Bo Braxton, Cobb, Grismond, Dana way, Gil more, Gilleepie, Jamee W Hardy, Hooker, G. W. Jones, Keezell, Kendall, Lindsay, Mcllwaine, Miller, Moncure, Orr, Parks, Pollard, Richmond, Waddill, Walker, Mr. President— 31. NoKB— Messrs. W. A. Anderson, Manly H. Barnes, Blair, Bouldir Brown, P. W. Campbell, Carter, Chapman, Earman, Epgleeton, Faii Gk>rdon, Green, Grej?ory, Gwyn, Hamilton, Harrison, Hatton, Huntou Claggett B. Jones, Marshall, R. Walton Moore, Mundy, O'Flaherty, Pe lock, Qaarles, Rives, Robertson, Stebbins, Summere, Thom, Thornton, sor— S6. k Mr. Thornton moved that when the hour of two o'c " rives to-day that the Convention take a recess until 4 — which was agreed to. On motion of Mr. Braxton the Convention resolve into a committee of the whole, upon the report of the ( tee on Corporations, Mr. Eogleston in the chair. After some time passed in the commiLtee of the wh I President resumed the chair and Mr. Eggleston i II that the committee had risen without coming to any co; upon the matter referred to them. The hour of two having arrived the President vacj J , ^hair until 4 o'clock P. M. fr AFTERNOON SESSION, The Convention assembled at 4 o'clock P. M. On motion of Mr. Braxton the Convention resolve into a committee of the whole, upon the report of the < tee on Corporations, Mr. Eggleston in the chair. ^ Digitized by VjQO^lC TAL OF THE CONSTITUTIOKAL CONVENTION. me passed in the committee of the whole, the med the chair and Mr. Eggleston reported that had risen without coming to any conclusion • referred to them. Mr. Thom the Convention adjourned. JESDAY, FEBRUARY 11, 1902. on assembled at 10 o'clock A. M. Prayer by Derieux, of the Baptist church, he Convention was called and the following present and answered to their names : jree K. Anderson, W. A. Atidersoo, Ayere, Barbour, Barham, rhomas H. Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, ence J. Campbell, P. W. Campbell, Carter, Chapman, Cobb, ,y, Earman, Eggleston, Epes, Fairfax, Flood, Gilmore, T. Gordon, James W, Gordon, Green, Gregory, Gwyn, , Hardy, Harrison, Hatton, Hooker, Hunton, Ingram, Clag- ^ Jones, Keezell, Kendall, Lindsay, Marshall, Mcllwaine, [oncure, R. Walton Moore, Mundy, O^Flaherty, Orr, Parks, rd, Portlock, Quarles, Richmond, Rives, Robertson, Stebbine, lom, Thornton, Vincent, Waddill, Walker, Watson, Wescott, Kihouse, Wysor, and Mr. President — 81. Bnce was granted Mr. Willis, three days, on Jraxton. oflfered the following resolution, and asked its ideration, which was agreed to. rhat beginning at one o'clock to-morrow the le whole shall commence the consideration of le Committee on Corporations by sections and I so continue from day to day until the same is opted. ': Mr. Braxtok, the Convention resolved itself je of the whole upon the report of the Com- >rations,Mr. Eggleston in the chair. me passed in the committee of the whole, the imed the chair, and Mr. Eggleston reported btee had risen without coming to any conclusion r referred to them. N moved that when the hour of two o'clock ar- t the Convention take a recess until four o'clock r called the pending question. The pending ordered, the motion was adopted. Digitized by Vji^CK m JOUBKAL OF TKB CONSTITUTIONAL OONTBNTION. Mr. Thornton moved that the committee heretofore pointed to secure a hall be re-appointed and that it proce find a suitable hall for the Convention to occupy, if neces when the Legislature convenes, which was agreed to. On motion of Mr. Lindsay, the chair was vacated until o'clock P. M. AFTERNOON SESSION. The Presidbnt, pro BKT, pro tem, in the chair. Prayer by Rev. Dr. W. F. Duna- ^^Y of the Baptist church. 49 Digitized by Google 386 JOUBNAL OP THE COKSTITUTIONAL CONVSNTIOK. The roll of the Convention wos called and the following mem- bers were present and answered to their naroes : Meears. Allen, George K. Anderson, W. A. Anderson, Ay era, Barbour, Barham, Thomas U. Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, Brown, P. W. Camp- bell, Chapman, Cobb, Orismond, Dunaway, Earman, Eggleston, £pes, Fairfax, Flood, Garnett, Gilmore, Gillespie, Glass, B. T. Gordon, James W. Gordon, R. L, Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Hunton, Ingram, Claggett B. Jones, G. W. Jones, Keezell, Kendall, Lawson, Lindsay, Lovell, Marshall, Mcllwaine, Meredith, Miller, Moncure, B. Walton Moore, Thomas L. Moore, Mundy, 0* Flaherty, Orr, Parks, Pedigo, Petti t, Phillips, Pollard, Portlock, Quarles, Richmond, Robertson, Stebbins, Stnart, Summers, Thom, Thornton, Turnbull, Waddill, Walt-r, Watson, Wescott, Wise, Withers, Woodhouse, Wysor, Yancey, and Mr. President — 83. The journals of yesterday's proceedings were read and ap- proved. Mr. O'Flahkrt/ presented a petition from citizens of Lou- doun county relating to education, which was referred to the Committee on Education and Public Instruction . Leave of absence was granted the following members : Mr. Bouldin, three days, on motion of Mr. Stebbins. Mr. Dunaway, one week, on motion of Mr. Epks. Mr. Walkkr, five days, beginning to-day, on motion of Mr. Jones, of King and Queen. On motion of Mr. Braxton the Convention resolved itself into a committee of the whole, upon the report of the Commit- tee on Corporations, Mr. Keezell in the chair. After some time passed in the committee of the whole, the President resumed the chair, and Mr. Keezell reported \ that the committee had risen without coming to any conclusion ' upon the matter referred to them. On motion of Mr. Barbour the chair was vacated until 4 o'clock P. M. AFTERNOON SESSION. •The President, pro tem^ resumed the chair at 4 o'clock P. M. On motion of Mr. Moore, of Fairfax, the Convention ad- journed until 10 o'clock A. M. to-morrow. I Digitized by Gogs JOUKNAL or THB OONSnTUTIONAL 00N7BNTI0N. 387 FRIDAY, FEBRUARY 14, 1902. The Convention assembled at 10 o'clock A. M. Prayer by Rev. E. V. Baldy, of the Baptist church. The roll of the Convention was called and the following members were present and answered to their names : Messrs. Allen, George K. Anderson, W. A. Anderson, Ayere, Barboar, Barham, Manly H. Barnes, Thomas H. Barnes, Blair, Boaz, Bolen, Braxton, Brown, P. W. Campbell, Carter, Chapman, Cobb, Criemond, Danaway, Earman, Eggleeton, Epea, Fairfax, Flood, Garnett, Gil more, Gilleepie, Glass, B. T. Gordon, James W. Gordon, R. L, Gordon, Green, Gregory, Gwyn, Hancock, Hardy, Harrison, Hatton, Hooker, Hunton, Ingram, Clagf^ett B. Jones, G. W. Jones, Keezell, Kendall, Lawson, Lindsay, Lovell, Mcllwaine, Meredith, Miller, Moncnre, R. Walton Moore, O* Flaherty, Orr, Parks, Pediffo, Pettit. Phillips, Pollard, Portlock, Qaarles, Richmond, Rives, Robertson, Stebblns, Stnart, Summers, Thorn, Thorn- ton, TurnbuU, Waddill, Walter, Watson, Webcott, Wise, Withers, Woodhouse, Wvsor. Yancev. and Mr. President — 81 The journals of yesterday were read and approved. Leave of absence was granted the following members : Mr. Hancock, one day, on motion of Mr. Ingram. Mr. Keezell, two days, on motion of Mr. Boaz. Mr. Marshall, one day, to-day, on motion of Mr. Robertson. Mr. Earman, four days, on motion of Mr. OTlaherty. Mr. Watson, one day, on motion of Mr. Green. Mr. Barbour, oflFered the following resolution : ** Resolved, That upon the conclusion of the remarks of Mr. Braxton, the committee of the whole shall commence the con- sideration of the report of the Committee on Corporations by sections and sub-sections, and so continue from day to day until the same is completed, during which period no member shall speak for more than twenty minutes at any one time to tlie same question, nor a second time until every other member desiring to do so has spoken.'' Mr. TuRNBULL moved to amend by substituting the words ** ten for twenty.'' which was agreed to. The resolution, as amended, was then adopted. On motion of Mr. Braxton the Convention resolved itself into a committee of the whole, upon the report of the Com- raittee on Corporations, Mr. Keezell in the chair. After some time, passed in the committee of the whole, the President resumed the chair, and Mr. Keezell reported that the committee had risen without coming to any conclusion upon the matter referred to them. The hour of two o'clock having arrived, the President de- clsLTBd the Convention adjourned until 10 o'clock A. M. to- morrow. Digitized by Google 388 JOUBKAL or THE CONSTITUTIONAL CONVENTION. SATURDAY, FEBRUARY 15, 1902. The Convention assembled at 10 o'clock A. M. Prayer Rev. C. S. Gardner, D. D., of the Baptist church. The roll of the Convention was called and the follow members were present and answered to their names : Meeers. Allen, George K. Anderson, W. A. Anderson, Ay ere, Barb Blair, Boaz, Bolen, Braxton, Brooke, Brown, P. W. Campbell, Carter, C< Crismond, Dunaway, Eggleston, Epes, Fairfax, Garnett, Gilmore, Gille& Glass, B. T. Gordon, James \V. Gordon, R. L. Gordon, Green, Greg Gwyn, Hamilton, Hardy, Hooker, Hunton, Ingram, Claggett B. Jo KendaU, Lawson, Lindsay, Lovell, Mellwaine, Meredith, Miller, Monc R. Walton Moore, Mnndy, O^Flaherty, Orr, Parks, Pedigo, Pettit, Phil Pollard, Portlook, Uuarles, Riehmond, Rives, Robertson, Stebbins, Stv Summere, Thom, Thornton, Turnbull, Waddill, Wescott, Wise, Witt Wysor, Yancey, and Mr. President— 71. The journal ot yesterday's proceedings was read and proved. Mr. Gordon, of Louisa, moved that when the Convent adjourns to day it adjourn to meet at 12 o'clock M. Mon< next. — which was agreed to. Leave of absence was granted the following members : Mr. Watson, indefinite leave, on motion of Mr. Ingram. Mr. PoRTLocK, three days, beginning Monday, on motioi Mr. Brookb. Mr. Willis, two days, on motion of Mr. Braxton. Mr. Barnbs, of Nansemond, three days, on motion of ] Lawson. Mr. JoNBS, of Pittsylvania, four days, on motion of " Grbbn. Mr. Harrison, four days, beginning Monday, on motioi Mr. Fairfax. Mr. Epes, three days, beginning Monday, on motion of Rives. Mr. Marshall, one day, to-day, on motion of Mr, Gwyn Mr. DuNAWAY, one week, beginning Monday, on motioi Mr. Fairfax. Mr. Blair proposed the following resolution : ** Resolved, that when the Convention adjourns on Tues next, it adjourn to meet again on Monday, March 10, 19C for which Mr. Turnbull proposed the following substitute •* Resolved, That when the Convention adjourns on Tues the 18th instant, it adjourn to meet on Tuesday the 18th da March, 1902, at 10 o'clock A. M. The members and emplo] of the Convention to receive no pay during the recess, but ^ mileage be allowed the members.'' 1 Digitized by VjOOQIC JOURNAL OF THE CONSTITUTIONAL CONVENTION. 389 jordon, of Louisa, called the pending question. The ; question being ordered, the substitute was rejected — 3 ; noes, 42. otion of Mr. Turnbull the vote was recorded as follows : -Messrs. Blair, Boaz, Brown, Epes, Garnett, Glass, B. T. Gordon, Claggett B. Jones, Lovell, Miller, Mundy, O'Flaherty, Orr, Pedigo, , Richmond, Rives, Summers, Turnbull, and Yancey — 31. -Messrs. Allen, George K. Anderson, Ayers, Braxton, Brooke, yobb, Crismond, Dunaway, Fairfax, Gilmore, Gillespie, James W. R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hardy, Hooker, Kendall, Lawson, Lindsay, Mcllwaine, Meredith, Moncure, R. SI core, Parks, Pettit, Phillips, Pollard, Qnarles, Robertson, Stuart, raddill, We'^cott, Wise, Withers, Wysor, and Mr. President— 42. Wlowing pairs were announced : roNEs, of Pittsylvania, with Mr. Thornton. tCEKZELL, with Mr. Stebbins. tV^ALTKR, with Mr. Barbour. Tlood, with Mr. Campbell, of Washington, irst named in each instance would have voted in the tive. Phom then proposed the following substitute, which was I: solved, That the committee heretofore appointed to con- ie matter of obtaining a hall for the use of the Conven- i authorized to secure a hall for the'purpose of continuing dons of this Convention without any intermission on f of the session of the General Assembly, such action on t of the committee to be subject to the approval of the tion.'' lotion of Mr. Braxton the Convention resolved itself ommittee of the whole, for the purpose of considering ort of the Committee on Corporations, Mr. Egglkston shair. some time passed in the committee of the whole, the ent resumed the chair, and Mr. Eggleston reported ^ committee had risen without coming to any conclusion le matter referred to them. President laid before the Convention a communication e Auditor of Public Accounts, showing the number of iS, etc., which was, on motion of Mr. Carter, ordered a the table and be printed as document No. 18. Harbour moved that the chair be vacated until 4 o'clock ernoon — no quorum voting. lotion of Mr. Thom the Convention adjourned. Digitized by GoogI 390 JOURNAL or THB CONSTITUTIONAL CONVENTION. MONDAY, FEBRUARY 17, 1902. The Convention assembled at 12 o'clock M. The roll of the Convention was called and the follov members were present and answered to their names : Meesre. Allen, George K. Anderson, W. A. Anderson, Ayers, Barbour, ] Boaz, Bolen, Braxton, Brooke, Brown, Cameron, P. W. Campbell, Carter, E way, Fairfax, Fletcher, Garnett, Gilmore, Gillespie, B. T. Gordon, Jame Goidon, R. L. Gordon, Gregory, Gwyn, Hamilton, Hancock, Hardy, Ho Hanton, Ingram, Kendall, Lawson, Lindsay, Lovell, Mereditb, Miller, Moc R. Walton Moore, Mundy, O'Flaherty, Orr, Parks, Pedigo, Pettit. Phillips lard, Qaarles, Richmond!^ Robertson, Stuart, Summers, Tarry, Thom, Thar Turnbull, Waddill, Wescott, Willis, Wise, Withers, Wysor, Yancey, and President— 64. The journal of Saturday's proceedings was retui and proved. Leave of absence was granted the following : Mr. McIlwaine, two days, beginning to-day, on motio Mr. Anderson, of Rockbridge. Mr. Stebbins, one week, on motion of Mr. Lindsay. Mr. Glass, indefinite leave, on motion of Mr. Lindsay. Mr. Green, one day, to-day, on motion of Mr. Withers Mr. Marshall, one day, to-day, on motion of Mr. Gwyi Mr. Egglkston, one day, to-day, on motion of Mr. Moi of Fairfax. The Secretary,. one day, to-day, on motion of Mr. Boaz. Mr. Thom, from the committee to obtain a hall, made following report. Richmond, Va., February 17 y 190 To the Convention : Your committee appointed to secure a hall for the use of Convention, respectfully reports as follows : That, subject to the approval of the Convention, the \ mittee has agreed, on behalf of the State, to lease the ha the Mechanics' Institute, together with an office for the S< tary of the Convention, including lieat and lights, for length of time as the Convention may desire to use the s\ at a rental at the rate of $250.00 per month, the Conver to furnish its own janitor service. The hall will be ready for occupation by the Conventic 10 o'clock of Wednesday morning the I9th inst. Respectfully submitted, JOHN GOODE, ALFRED P. THO] R. A. AYERS, WM. H, BOAZ. 1 Digitized by Google JOUBKAL OF THB CONSTITUTIONAL CONVENTION. 391 iM offered the following resolution : ^ed, That the action of the committee appointed to ill for the use of the Convention, as set out in their day filed, be, and the same is, hereby approved and DON, of Louisa, called the pending question. The lestion being ordered the resolution was adopted. >ERS0N, of Rockbridge, presented a resolution adopted ncil of the city of Buena Vista, in reference to the she corporation court of said city, which was referred imittee on Judiciary. on of Mr. Braxton the Convention resolved itself mittee of the whole upon the report of the Committee itions, Mr. Aykrs in the chair. me time passed in the committee of the whole, the resumed the chair and Mr. Ayers reported that the had risen without coming to any conclusion upon the srred to them. >M offered the following resolution : ed. That the sergeant-at-arms, under the direction of ►ENT of the Convention be, and is, hereby authorized [1 necessary and suitable arrangements for the occu- he Mechanic's Institute Building by the Convention sday the 19th inst.'' as agreed to. r of two having arrived, on motion of Mr. Braxton ?as vacated until 4 o'clock P. M. AFTERNOON §ESS10N. sident resumed the chair at 4 o'clock P. M. on of Mr. Braxton the Convention resolved itself mittee of the whole, upon the report of the Com- Corporations, Mr. Aykrs in the chair, me time passed in the committee of the whole, the ' resumed the chair, and Mr. Aykrs reported that ttee had risen without coming to any conclusion upon referred to them. on of Mr. Lindsay the Convention adjourned. Digitized by VjOOQI 392 JOUBKAL 0» THE CONSTITUTIONAL CONVENTION. TUESDAY, FEBRUARY 18, 1902. The Convention assembled at 10 o'clock A. M. Praj Rev. Dr. W. F. Dunaway, of the Baptist church. The roll of the Convention was called and the folk members were present and answered to their names : Messn. Allen, George K. Anderson, W. A. Anderson, Ayers, Barbour, B Manly H. Barnes, Blair, Boa«, Bolen, Boaldin, Braxton, Brooke, Brown, ron, P. W. Oampbell, Carter, Cobb, Crismond, Dunaway, Epgleston, 1 Fletcher, Gamett, Gilmore, Gillespie, B. T. Gordon, James W. Gordon Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Hatton, I Honton, Ingram, Claggett B. Jones, Keezeil, Kendall, Lawson, Lincoln, L Lovell, Marshall, Meredith, Miller, Moncare, R. Walton Moore, Mundy, herty, Orr, Parks, Pedigo, Pettit, Phillips, Pollard, Quarles. Richmond, Robertson, Stnart, Summers, Tarry, Thorn, Thornton, Turnbull, Waddil cott, Willis, Withers, Woodhouse, Wysor, Yancey, and Mr. President— 77 The journal of yesterday's proceedings was read an proved. Leave of absence was granted Mr. Gilmore for four da; motion of Mr. Anderson, of Rockbridge. On motion of Mr. Braxton the Convention resolved into a committee of the whole, upon the report of the mittee on Corporations, Mr. Ayers in the chair. After some time passed in the committee of the whol President resumed the chair, and Mr. Aykrs reporte< the committee had risen without coming to any cone upon the matter referred to them. Mr. Lindsay moved that when the Convention adjou day it adjourn to meet to-morrow at 12 o'clock M, — which was agreed to. Mr. Thom offered the following resolution : Resolved, That the place of meeting of the Convent: changed from the hall of the House of Delegates to the 1 the Mechanics' Institute, in the city of Richmond, and th ginning to-morrow at 12 o'clock, and until further order Convention, the sessions of the Convention be held in th hall of the Mechanics' Institute according to such rules ai heretofore been adopted governing the same. — which was adopted. The hour of two o'clock having arrived the Prestdb: clared the Convention adjourned until to-morrow at 1 2 o'clc Digitized by Google OURNAL OF THB OONSTTTtTTIONAL OONVBNTIOK. WEDNESDAY, FEBRUARY 19, 1902. ention assembled at 12 o'clock M. in the hall of the Institute. Prayer by Rev. Dr. James Nelson, of church. of the Convention was called and the following !re present and answered to their names : George K. AndereoD, W. A. Anderson, Ayers, Barbour, Barham, ee, Blair, Boaz, Bolen, Bouldin, Braxton, Brooke, Brown, Came- ipbell, Carter, Cobb, Crismond, Dunaway, Earman, Eggleston, er, Garnett, Gillespie, B. T. Gordon, James W. Gordon, R. L. Gregory, Gwyn, Hamilton. Hancock, Hardy, Harrison, Hatton, J, Claggett B. Jones, Keezell, Kendall, Lawson, Lincolii, Lindsay, I, Meredith, Miller, Moncure, R. Walton Moore, Thomas L. Moore, erty, Orr, Parke, Pedigo, Pettit, Phillips, Pollard, Quarles, Rich- lobertson, Stuart, Summers, Tarry, Thorn, Thornton, Tumbull. II, Wescott, Willis, Wise, Withers, Woodhouse, Wysor, Yancey, int— 80. lal of yesterday's proceedings was read and ap- tbsence was granted the following members : ON, two days, beginning to-day, on motion of Mr. , two days, on motion of Mr. Brooke. vvAiNE, indefinite leave, on motion of Mr. Ander- cbridge. Rsox, of Alleghany, offered the following resolu- That thfe sergeant-at-arms remove each alternate in this hall, and that the alternate numbers of drawn for by members in alphabetical order : pro- he members from Alleghany, Bath, and Highland ast. iecretary conduct the allotment to-morrow morning ding of the journal, and that the President draw t members. lHErty offered the following as a substitute : [, That the committee be authorized to secure , and report to the Convention at to-morrow's ses- moved that the resolution and the substitute, and elating thereto, be referred to a special committee, f Messrs. Brown, Gordon, of Richmond, and i agreed to. 1 of Mr. Braxton the Convention resolved itself Digitized by Goo? 394 JOURNAL OF THB OONSnTUTIOKAL CONVENTION. into a committee of the whole upon the report of theCc on Corporations, Mr. Ayers in the chair. After some time passed in the committee of the w^ president resumed the chair and Mr. Ayers reported committee had risen without coming to any conclusi the matter referred to them. On motion of Mr. Braxton the chair was yacate< o'clock P. M. AFTERNOON SESSION. The President resumed the chair at 4 o'clock. Leave of absence was granted Mr. Hancock for t- on motion of Mr. Turnbull. On motion of Mr. Braxton the Convention resolv into a committee of the whole, upon the report of the tee on Corporations, Mr. Ayers in the chair. After some time passed in the committee of the w Ayers reported that the committee had risen without to any conclusion upon the matter referred to them. A committee, consisting of Messrs. Card well and from the House of Delegates was introduced by Mr. Ti offered to the Convention the use of the hall of the Delegates. Mr. Thom oflFered the following resolution, which wi to: 1. Resolved, That the cordial thanks of this Conve and hereby are, tendered to the honorable, the House gates, for the offer of the use of their hall for the se the Convention, and, at the same time, that the House gates be informed that the Convention had already an occupy the hall of the Mechanics' Institute, and wi unnecessary to incommode the House of Delegates i of the hall of that honorable body. 2. That a copy of these resolutions be certified by tl DENT and Secretary of the Convention to the honor House of Delegates. The Secretary was directed to communicate the rose the House of Delegates. On motion of Mr. Turnbull the Convention adjoun W Digitized by Google 5UBNAL OF THE CONSTITUTIONAL CONVENTION. 396 THURSDAY, FEBRUARY 20, 1902. mtion assembled at 10 o^clock A. M. Prayer bj B, Beauchamp, of the Methodist Episcopal church, f the Convention was called and the following mem- esent and answered to their names : George K. Anderson^ W. A. Anderson, Ayers, Barbour, Barham, 368, Thomas H. Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, , Cameron, P. W. Campkell, Carter, Cobb, Dunaway, Earman, ee, Fairfax, Fletcher, Garnett, Gillespie, B, T. Gordon, Green, Gregory, Gwyn, Hamilton, Hardy, Harrison, Hatton, *d, Ingram, Claggett B. Jones, G. W. Jones, Keezell. Kendall, In, Lindsay, Lovell, Mashall, Meredith, Miller, Moncure, R. , Mundy, O'Flaherty, Orr, Parke, Pedigo, Pettit, Phillipe, ?e, Richmond, Rives, Robertson, Stuart, Summers, Tarry, ibull, Vincent, Waddill, Wescott, Willis, Wise, Withers, Wood- faticey, and Mr. President — 79. al of yesterday's proceedings was read and ap- absence was granted Mr. Gordon, of Richmond, , to-day, on motion of Mr. Pollard, and Mr. ivo days, beginning to-morrow, on motion of 'Mr. N, from the committee to arrange about the hall, t the seats had been arranged, and moved that the w draw for the seats. WAY moved as a substitute that all the seats be called the pending question. The pending ques- dered the substitute was rejected, on then recurring on the motion of Mr. Brown, it 0 — ayes, 34 ; noes, 30. then assigned the members by lot. :ioN, chairman of the Committee on the Executive presented a supplemental report, which was B on the table and be printed. of Mr. Braxton the Convention resolved itself into of the whole upon the report of the Committee on , Mr. Ayers in the chair. e time passed in the committee of the whole, the 3sumed the chair, and Mr. Ayers reported that the ad had under consideration the report of the Com- orporations, and had directed him to report the nendments. of Mr. Green the Convention resolved itself into of the whole upon the report of the Committee on d Bill of Rights, Mr. Turnbull in the chair. Digitizer' by ' lOogk 396 JOUBNAL OF THB CONSTITUTIONAL CONVENTION. After some time passed in the committee of the Prbsidbnt resumed the chair, and Mr. Turnbull rep the committee had risen without coming to any conch the matter referred to them. Mr. Pettit moved to reconsider the vote by \ adopted the resolution proposed by Mr. Thom on declining the invitation of the House of Delegates t< their hall. Mr. Wescott moved to lay the motion on the ta was agreed to. Mr. Blair moved that when the Convention adjoi it adjourn to meet at 10 o^clock A. M. to-morrow. Mr. Pollard moved as a substitute that the chair 1 until 4 o'clock this P. M., which was agreed to. The President then declared the chair vacated unt P. M. AFTERNOON SESSION. The President resumed the chair at 4 o'clock P. ? On motion of Mr. Green the Convention reso into a committee of the whole upon the report of the < on Preamble and Bill of Rights, Mr. Turnbull in tl After some time passed in the committee of the President resumed the chair and Mr. Turnbull rej the committee had risen without coming to any concl the matter referred to them. On motion of Mr. Brown, chairman of the con arrangements of the hall, he was authorized to pun ting for the floor. Mr. Eggleston oflFered the following resolution, ^ agreed to : ^'Resolved, That when the Convention resolve it committee of the whole to consider the report of th tee on Preamble and Bill of Rights, etc., no memb allowed to speak more than ten minutes, nor more until every other member wishing to speak has done On motion of Mr. Anderson, of Alleghany, the ( adjourned. Digitized by Google mKAL OF TBM OONSTITUtlONAL OOKVBNTIOK. 397 FRIDAY, FEBRUARY 21, 1901. Ltion assembled at 10 o'clock A. M. Prayer by \. Price, of the Presbyterian church, bhe Convention was called and the following mem- sent and answered to their names : George K. Anderson, W. A. Anderson, Ayers, Barboar, Bar- ames, Thomas H. Barnes, Blair, Boaz, Bolen, Boaldin, Bristow, P. W. Campbell, Carter, Chapman^ Gobb, Crismond, Davis, D, Eggleston, Epes, Fair&x, Fletcher, Garnett, Gillespie, B. T. J. Grordon, R. L. Gfordon, Green, Gwyn, Hamilton, Hancock, , Hatton, Hooker, Hubard, Ingram, Claggett B. Jones, G. W. endall, Lincoln, Lindsay, Lovell, Marshall, Meredith, Miller, ton Moore, Mundy, 0*Flaherty, Orr, Parks, Pedigo, Phillips, Richmond, Rives. Robertson, btaart, Summers, Tarry, Thom- faddill, Walter, Wesoott, Willis, Wise, Withers, Woodhoose, nd Mr. President— 78. .1 of yesterday's proceedings was read and ap- sence was granted the following members : 3N, one day, to-day, on motion of Mr. Moore, of i, three days, beginning to-day, on motion of Mr. of Mr. Grben the Convention resolved itself tee of the whole upon the report of the Committee md Bill of Rights, Mr. Turnbull in the chair, time passed in the committee of the whole, the 3umed the chair and Mr. Turnbull reported that e had risen without coming to any conclusion ber referred to them. , of Fairfax, moved that when the chair be va- Lt be resumed again at 4 o'clock this afternoon, agreed to. PON moved that a committee of five be appointed ►ENT to make arrangements for holding the ses- ommittee in the hall of the House of Delegates, hall than the one now occupied. JR called the pending question. The pending ig ordered, the motion was adopted — ayes, 34; )f Mr. Barbour the vote was recorded as follows : W. A. Anderson, Manly H. Barnes, Thomas H. Barnes, Blair, P. W. Campbell, Grismond, Davis, Dunawav, Earman, Epes, I, B. T. Gordon, Gwyn, Hamilton, Hancock, Harrison, Ingram, ezell, Miller, Mundy, 0' Flaherty, Pedigo, Rivee, Robertson, Tarry, Wesoott, Woodhouse, and Wysor— 34. Digitized by Googf 398 JOtJRKAL 0^ THB OONSTITUTIONAX CONVENTION. NoBB— Meflsrs. Allen, George K. Anderson, Ayers, Barbour, Barb Garter, Chapman, Cobb, Fairfax, Fletcher, Jamea W. Gordon, R. L. G^ Hardy, Hatton, Lindsay, Lovell, Marshall, Meredith, Moncare, Moore, Orr, Parks, Phillips, Pollard, Richmond, Thornton, Turnb Withers, Yancey, and Mr. Preeident~33. Mr. Barbour moved that the vote be taken upon j ments to section 2, of the report of the Committee on and Bill of Rights, at 5 o'clock this afternoon. Mr. Withers called the pending question. Tb question being ordered, the motion prevailed. On motion of Mr. Barbouk the chair was vaca o'clock this afternoon. AFTERNOON SESSION. The President resumed the chair at 4 o'clock P. 1 The President named as members of the committi arrangements for holding the sessions of the Con some other hall, the following: Messrs. Hamilton, Richmond, Parks, and Gordon, of Louisa. On motion of Mr. Green the Convention resolved a committee of the whole, upon the report of the Coi Preamble and Bill of Rights, Mr. Turnbull in the c After some time passed in the committee of the President resumed the chair, and Mr. Turnbull re] the committee had had under consideration the rej Committee on Preamble and Bill of Rights, and had him to report the same with amendments. Mr. Meredith moved to reconsider the vote by resolution proposed by Mr. Hamilton this mo adopted, which was decided in the affirmative. Mr. Moore, of Fairfax, then proposed the followi ment to the resolution : ** to make inquiry into the < of changing the meeting place of the Convention, ; the results of their investigation . ' ' — which was agreed to. The resolution, as amended, was then adopted- noes, 12. On motion of Mr. Ayers the vote was recorded as Ayes — Messrs. Allen, Geor^ K. Anderson, W. A. Anderson, Bar H. Barnes, Blair, Boaidin, Bristow, Brown, P. W. Campbell, Cart Crismond, Dana way, Earman, Eggleston, Fairfax, Fletcher. Gam R. L. Gordon, Hamilton, Hancock, Harrison, Hatton. Hooker, Ir Jones, Keesell, Kendall, Lincoln, Lovell, Meredith, Miller, R. W Mondy, O' Flaherty, Parks, Pollard, Rives, Robertson, Stuart, Ta WeeooU, Willis, Wysor, and Mr. President— 48, I Digitized by Googlg, JTBNAL OF THE COKSTITTTTIONAL COKVENTIOK. 399 P8. Avers, Barbam, fioaz, James W. Gordon, Greeoi Marshall, Orr, nond, Thornton, Withers, and Yancey — 12. COCK announced that he was paired with Mr. Turn- if he were present, would have voted no, and he J voted aye. RNTON moved that Mr. Allen be added to the com- ady appointed under the resolution. as agreed to. absence was granted the following : KKR, four days, on motion of Mr. Garnett. :.AHERTY, three days, on motion of Mr. Rives. ►n of Mr. Barbour the Convention adjourned. SATURDAY, FEBRUARY 22, 1902. vention assembled at 10 o'clock A. M. Prayer by i, F. DuNAWAY, of the Baptist church. of the Convention was called and the following 'ere present and answered to their names : BD, George K. Anderson, W. A. Anderson, Ayers, Barbour, tarnes, ThomaH H. Barnes, Blair, Boaz, Bouldiii, Bristow, flrn, Cameron, P. W. Campbell, Carter, Chapman, Crisniond, way, Earmau, Egji^Ieston, Epes, Fairfax, Oarnett, (xillespie, Q, James \V. Gordon, R. L. Gordon, Green, Gregory, Gwyn, ancock, Hardy, Harrison, Hat ton, Hubard, Hunton, Ingram, Fones, G. \V. Jones, Keezell, Kendall, Lincoln, Lovell, Marshall, iller, Moncure, R. Walton Moore, Mundy, O'Flaherty, Orr, ?o, Philllips, Pollard, Richmond, Rives, Robertson, Stuart, irry, Thorn, Thornton, Turnbull, Waddill, Walter, Weecott, Withers, Woodhouse, Wysor, Yancey, and Mr. President— 77. pnal of yesterday's proceedings was read and ap- absence was granted the following members : rcHKR, one day, to-day, on motion of Mr. Gordon, RLKs, four days, on motion of Mr. Gordon, of Nelson, RRisoN, four days, on motion of Mr. Moork, of JDHOUSE, two*days, on motion of Mr. Wysor. DALL, three days, beginning Monday, on motion of STT. ES, three days, beginning Monday, on motion of Mr, mers offered the following : Digitized by VjOOQ I ■I " 400 JOtTBHAL Of THB OOKSTITfTTIONAL OONVBKTIOK . " Whereas, George Washington, father of his countr and reared on the soil of Virginia, and this being the 16 niversary of his birth, and, whereas, it becometh true i triotic Virginians to commemorate that fateful day in t tory of the Commonwealth ; therefore , '* Resolved, That this Convention now adjourn until 1! Monday next." — which was rejected. Section 7 of the report of the Committee on Cities and was, on motion of Mr. Harrison, made the special on Friday at 10 : 30 o'clock A. M. On motion of Mr. Fairfax, the Convention resolve< into a committee of the whole upon the report of the Con on Taxation and Finance, Mr. Aykrs in the chair. After some time passed in the committee of the wh President resumed the chair, and Mr. Aye as reporte the committee had risen without coming to any coa upon the matter referred to them. Mr. Hamilton moved that the tlianks of the Conven extended to the House of Delegates for their kind oflFer use of their hall, and that the Convention accept the and, beginning on Monday, the Convention assemble : hall at 9 : 30 o'clock A. M.,'and remain in session until o'clock, and the chair be then vacated and resumed aj 3 : 30 o'clock and remain in session until 6 : 30 o'clock. Mr. MooRB, of Fairfax, proposed the following substil Resolved, 'That the thanks of the Convention be extei the House of Delegates for their kind offer, but that it clined and the Convention continue its sessions in th until its labors are concluded. Mr. Barbour called the pending question. The p question being ordered, the vote was taken on the sul and it was adopted — ayes, 37 ; noes, 19, On motion of Mr. Gordon, of Richmond, the vote i corded as follows : Ayes— Messrs. Ailen, Avers, Barbour, Manly H. Barnes, Bould tow, Cameron, Carter, Chapman, Diinaway, Eggleston, Eped, Gamett, B. T. Gordon, R. L. Gordon, Green, Gregory, Gwvn, '. LoveU, MarshaU, Meredith, Mmer, R. Walton Moore, Orr, Phill lard, Robertson, Thom, Thornton, TurubuU, Waddill, Withers, Yancey, and Mr. President — 37. Noes— Messrs. W. A. Anderson, Blair, Brooke, Brown, P. W. Ci Earman, Gillespie, Hamilton, Hancock, G. W. Jones, Keezell, Mundy, Parks, Richmond, Rives, Stuart, Summers, Tarry, and Wa L) The following pairs were announced : Mr. Gordon, of Richmond, with Mr. Anderson, o ghany. Digitized by CjOOQIC IRNAL OF THE CONSTITUTIONAL CONVENTION. 401 >Y with Mr. Ingram. :oTT with Mr. Barnes, of Nansemond. named in each instance would have voted in the N moved that a committee of three he appointed to House of Delegates the thanks of the Convention idness in offering the use of their hall, and the mo- led. The chairman appointed as the committee CEN, Hamilton and Moore, of Fairfax. IE, of Fairfax, moved that when the Convention idjourn to meet at 12 o'clock on Monday. s agreed to. n of Mr. Barnes, of Nansemond, the Convention MONDAY, FEBRUARY 24, 1902. vention assembled at 12 o'clock M. Prayer by [CHARD McIlwaine, of the Presbyterian church, if the Convention was called and the following mem- resent and answered to their names : 'n, George K. Anderson, W. A. Anderson, Ayers, Barbour, imes, Blair, Boaz, Bouldin. Braxton, Bristow, Brooke, Brown, r. Campbell, P. \V. Campbell, Carter, Chapman, Cobb, Davis, rman, Eggleston, Epes, Fairfax, Garnett, Gillespie, B. T. Gor- ^ Gordon, R. L. Gordon, Green, Greerory, Gwyn, Hamilton, tton, H II bard, Huntou, Ingram, G. W. Jones, Keezell, Lind- Mellwaine, Meredith, Miller, Moneure, K. Walton Moore, Parks, Pedigo, Pettit, Phillipn, Pollard, Portlock, Richmond, iuart, Summers, Tarry, Thorn, Thornton, Turnbull, Waddill, Withers, Wysor, and Mr. President — 70. nal of Saturday's proceedings was read and ap- >KE proposed resolution No. 287, relating to the jutant-General, which was referred to the Committee »utive Department. >n of Mr. Fairfax, the Convention resolved itself nittee of the whole upon the report of the Committee 1 and Finance, Mr. Ayers in the chair. le time passed in the committee of the whole the resumed tlie chair, and Mr. Ayers reported that the liad risen without coming to any conclusion upon referred to them. absence was granted the following : ESPiE, three days, on motion of Mr. Richmond. Digitized by Goos 402 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Barham, two days, on motion of Mr. Barnes «emond. Mr. Marshall, two days, on motion of Mr. Gwyn. Mr. Stebbins, four days, on motion of Mr. Bouldi^ On motion of Mr. Lindsay, the chair was vacatec o'clock this afternoon. AFTERNOON SESSION. The President resumed the chair at 4 o^clock P. M. On motion of Mr. Fairfax, the Convention resol into a committee of the whole upon the report of the C on Taxation and Finance, Mr. Ayers in the chair. After some time passed in the com^mittee of the v President resumed the chair, and Mr. Ayers reportei committee had risen without coming to an}^ conclus the matter referred to them. On motion of Mr. Eggleston, the Convention adjoi TUESDAY, FEBRUARY 25, 1902. The Convention assembled at 10 o'clock A, M. I Rev. Dr. W. F. Dunaway, of the Baptist church. The roll of the Convention was called and the members were present and answered to their names : Messre. Allen, George K. Anderson, W. A. Anderson, Ayers, Barb H. Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, Bristow, Bro Cameron, C. J. Campbell, P. W.Campbell. Carter, Chapman Cobb, 1 way, Earman, Emleston, Epes, Fairfax, Fletcher, Flood, Garnett, Gi Gordon, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn Hancock, Hardy, Hatton, Huton, Ingram, G. W. Jones, Keeze Lovell, Mcllwaine, Meredith, Miller, Moncure, R. Walton Mo< Orr, Parks, Pedigo. Phillips, Pollard, Portlock, Richmond, Robert Summers, Tarry, Thom, Thornton, Tarnbull, Vincent^ Waddill, Wt Wise, Withers, Wysor, and Mr. President — 74. The journal of yesterday's proceedings was read proved. On motion of Mr. Fairfax, the Convention resol into a committee of the whole upon the report of the C on Taxation and Finance, Mr. A\ers in the chair. After some time passed in the committee of the \ PRESIDENT resumed the chair, and Mr. Ayers repo Digitized by Google JODRNAL OF THE CONSTITUTIONAL CONVENTION. 403 littee had risen without coming to any conclusion matter referred to them. tion of Mr. Fairfax, the chair was vacated until 4 M. AFTERNOON SESSION. avention assembled at 4 o'clock P. M. tion of Mr. Fairfax, the Convention resolved itself imittee of the whole upon the report of the Committee on and Finance, Mr. Ayers in the chair. >me time passed in the committee of the whole, the r resumed the chair, and Mr. Aykrs reported that the 3 had risen without coming to any conclusion upon r referred to them. f absence was granted Mr. Campbell, of Washington, lys, on motion of Mr. Thornton. iion of Mr. Barnes, of Nansemond, the Convention WEDNESDAY, FEBRUARY 26, 1902. nvention assembled at 10 o'clock A. M. Prayer by John Hannan, of the Methodist Episcopal church. I of the Convention was called and the following mem- present and answered to their names : len. George K. Anderson, W, A. Anderson, Ayers, Barbour, Manly H. mae H. Barnes, Blair, Bouldin, Braxton, Brown, C. J. Campbell, pmau, Cobb, Davis, Duuaway, Earman, Epes, Fairfax, Fletcher, lore, B. T. Gordon, James W. Gordon, Green, Gregory, Gwyn, Eiancock, Hardy, Hat ton, Hubard, Hunton, Ingram, Claggett B. . Jones, Keezell, Lincoln, Lindsay, Lovell, Mcllwaine. Meredith, cure, R. Walton Moore, Mundy, Orr, Parks, Pedigo, Phillips, Pol- k. Rives, RobertPon, Stuart, Summers, Tarry, Thornton, Turnbull, liter, Willis, W^ise, Withers, Wysor, and Mr" Preeident— 66. urnal of yesterday's proceedings was read and ap- ►f absence was granted the following members : VELL, one day, on motion of Mr. Thornton. isTow, indefinite leave, on motion of Mr. Jones, of Queen. Digitized by CjOOQIC 404 JOURNAL OF THB OONSTITOTIONAL CONVENTION. n Mr. Garnett, two days, beginning to-day, on motion ol Mbrbdith. Mr. Gordon, of Louisa, one day, to-day, on motion of Barbour. On motion of Mr. Ayers, the further calling of the li standing committees was dispensed with during the remai of the sessions of the Convention. On motion of Mr. Fairfax the Convention resolved : into a committee of the whole upon the report of the Conine on Taxation and Finance, Mr. Aykrs in the chair. After some time passed in the committee of the whole President resumed the chair and Mr. Ayers reported tha committee had had under consideration the report of the ' mittee on Taxation and Finance, and had directed hi] report the same without amendments. On motion of Mr. Cameron the unfinished part of the r of the Committee on the Executive Department was takei Mr. Cameron moved to strike out lines 5, 6, and 7 ii tion 11. — which was agreed to. The vote was then taken on the amendment heretofor< posed by Mr. Portlock to section 12, and it was rejeci ayes, 19; noes, 37. — and, on motion of Mr. Withers, the vote was record follows : Ayes— Messrs. Allen, W. A. Anderson, Ayere, Thomas H. Barnee, Br Brown, Carter, Chapman, Epes, James W. Gordon, Gregory, Hamilton, E Hunton, Lincoln, Orr, Portlock, Robertson, and Thom^9. Nobs — Messrs. George K. Anderson, Barbour, Manly H. Barnes, Be Cameron, Cobb, Davis, Dunaway, Earman, Fairfax, Fletcher, Gilmore, Gordon, Green, Hancock, Hardy, G. W. Jones, Keezell, Lindsay, Mcll Meredith, Miller, Moncure, R. Walton Moore, Mundy, Parks* Pedigo, mond. Rives, Summers, Thornton, Turn bull, Waddill, Wise, Withers, > and Mr. President— 37. Mr. Lindsay moved to reconsider the vote by whio! amendment was rejected. — which was agreed to. On motion of Mr. Portlock the amendment propose him was passed by — ayes, 33 ; noes, 20. Mr. Cameron then moved to strike out section 18, t was agreed to. Mr. Ayers offered to amend section 12 by striking ou words " all the duties heretofore attaching to the oflfice of ister of the Land OflBce and to the office of Superintendei Public Printing and." Mr. Cameron moved that the supplemental report oi Digitized by Google JOURNAL OF THE CONSTITUTIONAL CONVENTION, 4/05 ee on the Executive Department be considered in the on, instead of in the committee of the whole, along report of the committee, which was agreed to. tion of Ml". Cameron, the chair was vacated until 4 \ M. AFTERNOON SESSION. RESIDENT resumed the chair at 4 o'clock P. M. mding question, being on the amendment to section 12, I by Mr. Ayers ; on motion of Mr. Withers, the ques- divided. )te being taken on the first branch of the amendment, as to strike out the words '^ all the duties heretofore g to the office of Register of the Land Office and," as decided in the affirmative — ayes, 31 ; noes, 14. n motion of Mr. Withers, the vote was recorded as 'esere. Allen, W. A. Anderson, Ayers, Bouldin, Cameron, C. J. Camp- \ Earman, Fairfax, Flood, James W, Gordon, Gwyn, Hatton, Hunton, . Jones, Lincoln, Meredith, Moncure, Mundy, Orr, Pedigo, Pollard, , Robertson, Stuart, Summers, Thoaa, Thornton, Walter, Wise, and essrs. George K. Anderson, Boaz, Braxton, Fletcher, Gil more, Lind- aine, R. Walton Moore, Parks, Phillips, Tarry, Willis, Withers, and ent— 14, •Uowing pairs were announced : LASS, with Mr. Gordon, of Nelson. ^ooDHOUSE with Mr. Turnbull. RKGORY with Mr. Barbour. ARSHALL with Mr. Hardy. OOKER with Mr. Waddill. ANCOCK with Mr. Epes. ROWN with Mr. Green. rst named in each instance would have voted in the Lve. Dte was then taken on the second branch of the amend- hich was to strike out the words '* and to the office of tendent of Public Printing," and it was decided in the ive — ayes, 36; noes, 19. m motion of Mr. Withers, the vote was recorded as Digitized by GoogI 406 JOURNAL OP THE CONSTITUTIONAL CONVENTION, Ayrs — Messrs. Allen, Geort^e K. Anderson, W. A. Anderson, Ayere, 1 Brown, Cameron, C. J. Oampbeil, Carter, Dnnaway, Earman, Fairfax, I James W. Gk>rdon, Gwyn, Hancock, Hatton, Hunton, G. W. Jones, Liii Meredith, Moncnre, Mundy, Pedigo, Pollardj^Portlock, Richmond, Bobei Stuart, Summers, Thom, Thornton, Waddill, Walter, Willie, and Wise— 36, Nobs — Messrs. Boaz, Bonldin, Braxton, Epes, Fletcher, Gilmore, Green, gett B. Jones, Lindsay, Mcllwaine, R. Walton Moore, Orr, Parks, Phillips, 1 Turnball, Withers, Wysor, and Mr. President— 19. Mr. Barbour announced that he was paired with Mr. G: ORY, who, if he were present, would vote aye and he w( vote no. The question then recurring on the adoption of the am^ ment proposed by Mr. Portlock. Mr. Cambron called the pending question. The pern question being ordered, the amendment was rejected — ayes, noes, 40. — on motion of Mr. Thom, the vote was recorded as follows Ayes— Messrs. Allen, W. A. Anderson, Avers, Braxton, Brown, C. J. C bell, Carter, Epes, Hardy, Hatton, Hubard, Huntoc, Claf^gett B. Jones, Lii Mcllwaine, Orr, Portlock, Robertson, Stuart, Thom, and Willis— 21. Nobs — Messrs. Geors:e K. Anderson, Barbour, Blair, Boaz, Bouldin, Cam Chapman, Davis, Dunaway, Earman, Fletcher, Flood, Gilmore, B. T. Go Green, Qwyn, Hamilton, Hancock. G. W. Jones, Keezell, Lindeay, Men Miller, R. Walton Moore, Mundy, Parks, Pedigo, Phillips, Richmond, I Summers. Tarry. Thornton, Turnbull, Waddill, Walter, Wise, Withers, \\ and Mr. President— 40. Mr. MoNCURB announced that he was paired with Mr. ( DON, of Louisa, who, were he present, would vote no anc would vote aye. Section 12, as amended, was then adopted. Mr. Cameron moved to reconsider tlie vote by which sec 12 was adopted. — which motion was rejected. Section 11, as amended, was then adopted. Mr. Cameron moved to reconsider the vote by which se< 11 was adopted. — which motion was rejected. Mr. Anderson, of Rockbridge, moved to amend sectio by striking out all the words beginning with the word ** in line I, down to and including the word '* Governor," in 3, and inserting in lieu thereof the words *' by the joint of the two houses of the General Assembly for the term of years,'* which was rejected — ayes, 28 ; noes, 30. — and, on motion of Mr. Withers, the vote was records follows : Ates — Messrs. Allen, W. A. Anderson, Ayers, Thomas H. Barnes, din, Brown, Carter, Dunaway, Floocl, Gilmore, James W. Gordon, 1 Digitized by VjOOQ IC JOUBNAL OP THE CONSTITUTIONAL CONVENTION. 407 iock, Hatton, Hubard, Hanton, Claggett B. Jones, Mcllwaine, Orr, Portlock, Robertson, Stuart, Tarry, Thorn, Waddill, Willie,. -28. iessrs. George K Anderson, Barbour, Blair, Boaz, Cameron, C. 311, Davis, Earman, Eegleston, Fletcher, B. T. Gordon, Green,, . W. Jones, Keezell, lincoln, Lindsay, Miller, Mundv, Parks, tiillips, Richmond, Rives, Summers, Thornton, Tumbull, Walter,, kud Mr. President— 30. RAXTON announced that he was paired with Mr. Qor- Liouisa, who, were he present, would vote no and he )te aye. 1 13 was then adopted. 1 of Mr. Keezell to reconsider the vote by which sec- ras adopted was rejected. A.RBOUR moved to amend section 14 by striking out all is beginning with the word '* by," in line 2, down to iding the word '* years," in line 3, and inserting in eof the words '* by the qualified voters of the State at I time, and for the same term as the Governor." ATTON called the pending question. The pending ques- Qg ordered the amendment was rejected — ayes, 18 ; tion of Mr. Barbour the vote was recorded as follows : llessrs. George K. Anderson, Barbour, Blair, C. J. Campbell^ rman, Keezell, Lindsay, Miller, Moneure, Mundv, Pedigo, Phillipn^ I, Summers, Tumbull, Withers, and Mr. President — 18. Messrs. Allen, W. A. Anderson, Ayers, Thomas H. Barnes, Boaz,. Braxton, Brown, Cameron, Carter, Chapman, Dunaway, Epes, more, B. T. Gordon, James W. Gordon, Green. Hamilton, Hancock^ Ektton, Hubard, Hunton, Claggett B. Jones, G. W Jones, Lincoln, 3, Meredith, Orr, Parks, Portlock, Rives, Robertson, Stuart, lornton, Waddill, Willis, Wise, and Wysor — 41. n 14 was then adopted. a of Mr. Cameron to reconsider the vote by which the vas adopted, was rejected, ns 15, 16, 17, and 18 were then adopted, ns severally made by Mr. Cameron to reconsider the which the sections were adopted, were rejected, atire report of the Committee on the Executive Depart- ; amended in the Convention, was then adopted and re- ) the Committee on Final Revision and Adjustment of 3us provisions of the Constitution that may be agreed id upon the schedule. AMBRON moved to reconsider the vote by which the re- > adopted and referred to the Committee on Final Re- ad Adjustment of the various provisions of the Con- 1 that may be agreed upon, and upon the schedule, motion was rejected. >tion of Mr. Turnbull the Convention adjourned. Digitized by Google 408 JOURNAL OF THE CONSTITUTIONAL CONVENTION. It THURSDAY, FEBRUARY 27, 1902. The Convention assembled at 10 o'clock A. M. P Rev. J. 0. Babcock, of the Methodist Episcopal churc The roll of the Convention was called and the f members were present and answered to their names : Messrs. Allen, George K. Anderson, W. A. Anderson, Ayers, Manly H. Barnes, Thomas H. Barnes, Boaz, Braxton, Brown, Ca J. Campbell, Carter, Chapman, Cobb, Dunaway, Earman, Epei Fletcher, Garnett, Gilmore, James W. Gordon, Green, Grego Hancock, Hardy, Harrison, Hatton, Hubard, Hunton, Ingram, C Jones, G. W. Jones, Keezell, Lincoln, Lindsay, Mellwaine, Mered Moncure, R. Walton Moore, Mundy, Orr, Parke, Pedigo, PhUlips Richmond, Rives, Robertson, Stuart, Summers, Tarry, Thorn, Tumbull, VVaddill, Walter, Watson, Willis, Wis^^e, Withers, and dent— 65. The journal of yesterday's proceedings was read proved. The President announced the receipt of a letter fr John W. Gordon, Vice-Regent, N. C, room Coi Museum, inviting the members of the Convention tc veiling of the portraits of four distinguislied North Ca on Saturday afternoon. Mr. Cameron, from the Committee on the Executiv< ment, made the following report : Hon. John Goode, President of the Convention : The Committee on the Executive Department, to w referred resolution No. 287, beg leave to report that it viously discussed the subject of making the Adjutant a Constitutional oflScer, with the result of making no of that oflSce in the article on the Executive Departni mitted to the Convention. The committee now report resolution No. 287 bac Convention without recommendation, and request t< charged from further consideration of the subject. Respectfully, WILLIAM E. CAMEE Chaiiin^ Leave of absence was granted the following member Mr. Lawson, indefinite leave, on motion of Mr. B^ Nansemond. Mr. Gordon, of Nelson, five days, on motion of M: BULL. Digitized by Google^ JOURNAL OF THE CONSTITUTIONAL CONVENTION. 409 A.RBOUR moved that the chair be vacated until 4 o'clock. YKRs moved to amend b}^ striking out the figure **4'' L'ting the figure *'12/' which was agreed to — ayes, 34 ; ►tion of Mr. Withers the vote was recorded as follows : easrs. Allen, Ay era, Thomas H. Barnes, Boaz, Cameron, Chapman, away, Barman, Fairfax, Fletcher, Green, Hancock, Hardy, Hanison, «, Keezell, Lindsay, Mcllwaine, Meredith, R Walton Moore, Mnndy, , Richmond, Rivep, Stuart, Tarry, Thorn, Thornton, Waddil*, Willis, nd Mr. President— 34, efsrs. George K. Anderson, W. A. Anderson, Barbour, Manly H. ftxton, Brown, (J. J. CampbeU, Carter, Epee, Garnett, Giimore, James ,, Gregory, Gwyn, Hatton, Ingram, Claiigett B. Jones, Lincoln, Miller, ortlock, Robertson, Summers, Turnbull, Walter, W^atson, and Wise ^solution, as amended, was then adopted. resident announced the chair vacated until 12o^clock resident resumed the chair at 12 o'clock M. lNderson, of Rockbridge, presented a communication le date of expiration of State, city, county, district and icers, which was ordered to lie on the table and be NDERsoN, of Rockbridge, offered resolution No. 288, re- the election of State treasurer, which was referred to mittee on the Executive Department. )tion of Mr. Green, the report of the Committee on e and Bill of Rights was taken up. ordon, of Richmond, moved to amend section 1 by sub- ' the word'* one '' for the w^ord '' two '' before the word ,nd.'' ARTER called the pending question. The pending ques- ng ordered, the amendment was rejected — ayes, 21 ; n motion of Mr. Gordon, of Richmond, the vote was as follows : essrs. Barbour, Chapman, Cobb, Earman, James W. Gordon, Gwyn, Hardy, Hatton, Claggett B. Jones, Meredith, Moricure, Mundy, Orr, ►rtlock, Robertson, Stuart, Turnbull, Walter, and Willis— 21. essrs. Allen, George K. Anderson, Ayers, Manly H. Barnes, Thomas Braxton, Brown, C. J. Campbell, Carter, Davis, Dunaway, Eggleston, 'ai, Garnett, Giimore, Green, Gregory, Hancock, Harrifon, Ingram, les, Lindsay, Mcllwaine, Miller, R. Walton Moore. Parks, Pedigo, Rives, Summers, Tarry, Thom, Thornton, Waddill, Watson, W^ithers, I Mr. President— 39. DBERTSON moved to amend section 1 by adding a sub- 52 Digitized by GoogK 410 JOUBNAL OP THB CONSTITUTIONAL CONVENTION, section to be numbered 7, as follows : '' for any debt or den prior to the filing of the claim for such exemption/' Mr. Aybrs called the pending question. The i>ending < tion being ordered, the amendment was rejected — ayes noes, 36. — and, on motion of Mr. Gordon, of Richmond, the vote recorded as follows : AYBB—Messrs. W. A. Anderson, Thomas H. Barnes, Chapman, Fletcher, W. Gordon, Gwyn, Hamilton, Hardy, Hatton, Ciaggett B. Jones, Keezell coin, Mcllwaine, Meredith, Moncure, R. Walton Moore, Mundy, Orr, Pollard lock, Robertson, Tarry, Thom, Tambull, Walter, and Willis— 26. Nobs — Messrs. Allen, George K. Anderson, Ayers, Barbour, Manly H. B Braxton, Brown, C.J. Campbell, Carter, Davis, Danaway, Eggleston. Epes fax, Garnett, Gilmore, Green, Gresrory, Hancock, Harrison, Ingram, G. W. Lindsay, Miller, Parks, Pedigo, Phillips, Richmond, Rives, Summers, Tho Waddill, Watson, Withers, Wysor, and Mr. President— 36. Section one was then adopted. Motion of Mr. Green to reconsider the vote by which sei - 1 was adopted, was decided in the negative. Mr. Meredith moved to amend section 2 by adding the lowing words : ** Nor as to a debt created in the purcha mershandise by a merchant or manufacturer for sale or u carrying on a store or manufactory," which was reject ayes, 27 ; noes, 31. — and, on his motion, the vote was recorded as follows : Ayes— Messrs. Allen, Barhour, Brown, Chapman, Davie, Earman, Epes fax, James W. Gordon, Green, Hamilton, Hardy, Ingram, Keezell, Lindea; Ilwaine, R. Walton Moore. Mundy, Orr, Pedigo, Pollard, Portlock, Rich Robertson, Tarry, Tumbull, and Willis— 27. Nobs — Messrs. George K. Anderson, W. A. Anderson, Ayers, Manly H. B Thomas H. Barnes, Braxton, C. J. Campbell, Carter, Dunawav, Egscl Fletcher, Garnett, Gilmore, Gregory, Gwyn, Hancock, Harri8f»n, Hatton, Jones, Miller Moncure, Parks, Phillips^ Rivea, Summers, Thornton, V Watson, Withers, Wysor, and Mr. President — 31. Mr. Carter moved to reconsider the vote by whicl amendment was rejected, which motion was decided in the ative. Mr. Gordon, of Richmond, moved to amend section adding thereto the words '* nor in any property the convey of which by the homestead claimant has been set aside o ground of fraud or want of consideration.'' Mr. Richmond called the pending question. The pei question being ordered, the amendment was agreed to — 30 ; noes, 29. — on motion of Mr. Braxton the vote was recorded as foil I" Digitized by VjOO^I^ JOURNAL OF THE CONSTITUTIONAL CONVENTION. 411 saSTB. Ayers, Barbour, Thomas H. Barnes, Braxton, Brown, Chapman, etcher, James W. Gordon, Gwyn, Hamilton, Hardy, Hatton, Claggett jncoln, Mcllwaine, Meredith, Moncare, Mundy, Orr, Pollard, Port- rtson, Tarry, Thornton, Turn bull, Walter, Willie, Wysor, and Mr. 30. BserF. Allen, George K. Andersonj W. A. Anderson, Manly H. Barnes^ bell. Carter, Cobb, Davis, Dunaway, Eggleston, Epes, Garnett, Gil- Q, Gregory, Hancock, Ingram, G. W. Jones, Lindsay, Miller, Parks, illips, Richmond, Rives, Summers, Waddill, Watson, and Withere ARBOUR moved to reconsider the vote by which the ent was agreed to, which was decided in the negative. 1 2, as amended, was then adopted. REKN moved to reconsider the vote by which section 2, led, was adopted, which was decided in the negative. IS 3, 4, 5, and 6 were then adopted. IS severally made to reconsider the votes by which sec- 1,5, and 6 were adopted, were decided in the negative. J — referring to the sale of intoxicating liquors, was 3n up. Sub-section first of section one, on motion of BOUR, was passed by. iRBouR offered the following amendment to sub-section Li of the substitute adopted in the committee of the isert the following language : cense to sell intoxicating liquors in quantities of less gallon or to be drunk at the place where sold shall be ed or granted in any town or county of this State for a f more than twelve months, nor without the written of a majority in number of the legally qualified and d voters resident in the town or in the precinct of the ^'herein such liquors are intended to be sold.'^ was rejected — ayes, 24; noes, 36. n motion of Mr. Grken, the vote was recorded as fol- easrs. Ayere, Barbour. Chapman, Cobb, Dunaway, Earman, Eggleeton, n, Gregory, Gwyn, Hardy, G. W. Jones, Lincoln, Lindsay, Mcllwaine, T, Pedigo," Richmond, Summers, Turnbuli, Watpon, and Mr. President eesra. Allen, George K. Anderson, W. A Anderson, Manly H. Barnes, , Barnes, Braxton, Brown, Carter, Davis, Fairfax, Fletcher, Gilraore, larrison, Hatton, Ingram, Clagrgett B. Jones, Keezell, Meredith, Miller, I. Walton Moore, Parks. Phillips, Pollard, Portlock, Rives, Robertson, ry. Thorn, Waddill, Walter, Willis, Withers, and Wysor— 36. illowing pairs were announced : AKNETT, with Mr. LoVELL. HORNTox, with Mr. Cameron. iNCENT, with Mr. Hamilton. Digitized by Google »■ 412 JOURNAL OF THE CONSTITUTIONAL CONVENTION. I' Mr. Stebbins, with Mr. Wkscott. The first named in each instance would have vot j_ affirmative. 4 ^ g Mr. Carter moved to reconsider the vote by \ amendment was rejected, which was decided in the n Mr. Summers proposed the following amendment : **No intoxicating liquors shall be sold in this State sealed packages, nor drunk where sold." Mr. DuNAWAY offered the following as a substitute ** The General Assembly shall-, in the year 1905, the qualified voters of the State the question, ' Shall ing liquors be sold in the State to be drunk where so majority of the votes in such election shall be cast ir ative, then no bar-room license shall thereafter be [ the State," which was agreed to — ayes, 32 ; noes, 31 — and, on motion of Mr. Hatton, the vote was recori lows ; Aym — Messrs. George K. Anderson, Ayere. Barbour, Manly H, B man, Cobb, Danaway, Earman, Egg^ieston, Epes, Fletcher, James Green, Greijory, Gwyn, Hardy, Claggett B. Jones, G. W. Jones, Li waine, Moncure, Mundy, Orr, Pedigo, Phillips, Pollard, Riehmon Tumbull, Waddill, Watson, and Mr. President— 32. Nobs— Messrs. Alien, W. A. Anderson, Thoraaa H. Barnes, Bo Brown, Carter, Davis, Fairfax, Gilmore, Hamilton, Hancock, Harr Ingram, Lindsay, Meredith, Miller, R. Walton Moore, Parks, Por Robertson, Stuart, Tarry, Thom, Thornton, Walter, Willis. Wither —31. Mr. Garnett announced that he was paired with ELL, who, if he were present, would vote ** no '^ an(] vote '* aye." On motion of Mr. Barnes, of Nansemond, the cha cated until 4 o'clock P. M. AFTERNOON SESSION. The pending question being the adoption of sub-se amended, the vote was taken thereon, and the sub- amended, was rejected — ayes, 18 ; noes, 33. — and, on motion of Mr. Thom, the vote was recor lows : Ayes — Messrs. George K. Anderson, Dun away, Earman, James Gwyn, Hardy, G. W. Jones, Moncure, Mundy, Orr, Pedigo, PhU Richmond, Summers, Tumbull, Waddill, and Mr. President— 18. Nobs— Messrs. Allen, W. A. Anderson, Ayers, Barbour, Thoma Boaz, Braxton, Brown, C. J. Campbell, Carter, Davis, Fairfax, Fletc Digitized by Google OVnHAL OP THE CONSTITUTIOKAL CONVENTION. 413 [ancock, Harrison, Hatton, Ingram, LindBav, Meredith, Miller, R. >re, Portlock, Rivetj, Robertson, Stuart, Thorn, Walter, Wateon, and Withers— 33. lowing pairs were announced : fcoLN with Mr. Tarry. Ilwatne with Mr. Gordon, of Louisa. EEN with Mr. HUNTON. EGORY with Mr. Parks. Es with Mr. Keezell. RNKs, of New Kent, with Mr. Thornton. RNETT with Mr. Cameron. ^Es, of King and Queen, with Mr. Kendall. BB with Mr. Brooke. it named in each instance would have voted in the e. MMERS moved to amend the section by adding after ** liquors," in line 15, the words *'no intoxicating lall be sold in this State except in sealed packages, drunk where sold." ivas rejected. arles moved to strike out section 1. fvas agreed to. estion then recurring on the motion of Mr. Green to the entire article, it was agreed to. EEX then moved to reconsider the vote by which the as stricken out, which was agreed to — ayes, 32; I his motion, the vote was recorded as follows : Bsrp. W. A. Ant'ereon, Barbour, IU>ttz, Braxton, C. J. Campbell, C hap- Dunaway, Barman, EsrK^eston, Epes, Garnett, James W. Gordon, ly, Harrison, Claggett B. Jones, G. W. Jones, Lindsay, Meredith, undv» Pedigo, Pollard, Quarlea, Summers, Tarry, Thornton, Turn* II, Willis, and Mr. President— 32. Rsrs. Allen, Ayers, Thomas H. Barnes, Brown, Carter, Fairfax, Imore, Green, Hamilton, Hancock, Hatton, Ingram, Miller, Portlock, Eiives, Robertson, Stuart, Thorn, AVaiter, Watson, Wise, and Withers lostion then being on the motion to strike out the was rejected — ayes, 22 ; noes, 34. . motion of Mr. Hatton, the vote was recorded as fol- I. Allen, George K. Anderson, Thomas H. Barnes, Carter, Fletcher, Hamilton, Hancock, Hatton, Ingram, Miller, Moncnre, Pedifto, Ichmond, Rives, Robertson. Thom, Walter, Watson, Wise, and psrs. W. A. Anderson, Ayers, Bar) our, Boaz, Braxton, Brown, C. J. Chapman, Dunaway, Barman, Kggleeton, Epes, Fairfax, James W. Gor- Digitized by VjjOOQIC 414 JOUBNAL OP THB CONSTITUTIONAL CONVENTION. don, Gwyn, Harrison, Ciaggett B. Jones, G. W. Jones, Lincoln, Lindsay, M R. Walton Moore, Mundy, Orr, Phillips, Qaarlee, Stuart, Summers, Tarry ton, Tamball, Waddill, Willis, and Mr. President— 34. The article, as amended, was then adopted. On motion of Mr. McIlwaine to reconsider the v< which the article was adopted, it was decided in the ne| Section one of the article relating to future changes Constitution was then adopted, and the motion to recc the vote by which the section was adopted, was decided negative. Mr. Barbour moved to insert the following as an ind ent and separate section : At such time as the General Assembly may by law pro majority of the members elected to eacli house being re* in the affirmative, the question, ** Shall there be a conven revise the Constitution and amend the same?'' shall bed by the electors qualified to vote for members of the G Assembly ; and in case a majority of the electors so quj voting at such election, shall decide in favor of a convent such purpose, the General Assembly, at its next session provide by law for the election of delegates to such ponv< and no such convention shall otherwise be called. Mr. Gordon proposed the following as a substitute : At the general election in the year 1921, and in every tieth year thereafter, and at such other time as the Genei sembly may by law provide, the question, *' Shall thei Convention to revise the Constitution and amend the shall be decided by the electors qualified to vote for mc of the General Assembly ; and there shall be decided same time and in the same manner, whether the propose vention shall have full power, or whether the proposed < tution shall be submitted to a vote of the people for the fication or rejection. In case a majority of the elect qualified, voting at such election, shall decide in fav< Convention for such purpose, the General Assembly, at i session, shall provide by law for the election of delegates 1 Convention. Mr. Braxton offered the following as an amendment section as proposed by Mr. Barbour, after the word pi in line 2, insert the following : **there shall be submitted decided by the electors qualified to vote for members General Assembly, the question, "shall there be a Cc tional Convention" to be held as prescribed in the act s ting the question, in which act the powers of the propose vention in the matter of proclaiming or submitting t] Constitution shall be specified." Mr. Withers called the pending question. The p Digitized by Google JOURNAL OF THE CONSTITUTIONAL CONVENTION. 416 being ordered, the amendment proposed by Mr. Brax- rejected — ayes, 15; noes, 42. n motion of Mr. Carter, the vote was recorded as fol- 'essre. Braxton. G. J. Campbell, Davip, Earxnan, Epee, Hamilton, Har- 7, Jones, Lincoln, Pedigo, Portlock, Robertaon, Stuart, and Willie — 15. [essTs. Allen, George K. Anderpon, W. A. Anderson, Ayers, Barbour, rn, Carter, Chapman, Dunaway, Efr^leston, Fairfax, Fletcher, Garnett, amea VV. Gordon, Green, Gwyn, Hancock, Hardy, Hatton, Insrram, Icllwaine, Meredith, Moncure, R. Walton Moore, Mundy, Orr, Parka, larles, Richmond, Rives, Summers, Tarry, Thornton, Turn bull, Watson, lers, and Mr. President— 42. uestion then recurrring on the substitute proposed by :don, Mr. Withers called the pending question. The question being ordered, it was rejected. * ote was then taken on the section as proposed by Mr. a, and it was agreed to — ayes, 31 ; noes, 25. Dtion of Mr. Harrison the vote was recorded as fol- lesars, Allen, W. A. Anderson, Ayere, Barbour, Boaz, Brown, Earman, Fairfax, Fletcher, Garnett, Gilmore, Green, Gwyn, Hardy, Hatton, klcllwaine, Meredith, Miller R. Walton Moore, Mundv, Orr. Phillips, uarlee, Tarry, Turnbull, Walter, Withers, and Mr. President— 31. fessrs. Braxton. C. J. Campbell, Carter, Chapman, Davis, Dunaway, es W. Gordon, Hamilton, Hancock, Harrison, Ingram, Lincoln, Mon- go, Portlock, Richmond. Rives, Robertson, Summers, Thornton, Wad- on, Willis, and Wise— 25. QOtion of Mr. Barbour to reconsider the vote by which ion was adopted, was rejected. lotion of Mr. Green the report of the Committee on le and Bill of Rights, as amended, was adopted, and notion to reconsider the vote by which the report was , was decided in the negative. eport of the Committee on Preamble and Bill of Rights, ted, was, on motion of Mr. Green, referred to the Coni- )n Final Revision and Adjustments of the various Pro- of the Constitution that may be agreed upon, and le schedule. ^ORTLOCK ofiFered resolution No. 289, relating to the office Secretary of the Commonwealth, which was referred to amittee on the Executive Department. 3 of absence was granted the following members : Jtebbins, two days, on motion of Mr. Braxton. )avis, four days, on motion of Mr. Pedigo. luNTON, two days, on motion of Mr. Moore, of Fairfax. lOtion of Mr. Barbour, the Convention adjourned. Digitized by Googk 416 JOURNAL OP THE CONSTITUTIONAL CONVENTION, FRIDAY, FEBRUARY 28, 1902. \l ) i The Conventiou assembled at 10 o'clock. Prayer b T. Bosman, of the Methodist Episcopal church. The roll of the Convention was called and the members were present and answered to their names : Messrs. AlleD, George K. Anderson, W. A. Anderson, Ayere, Bar' H. Barnee, Thomas H. Barnes, Blair, Boaz, Braxton, Brooke, Browi C. J. Campbell, Carter, Chapman, Cobb, Crismond. Davie, DunawA Eggleston, Epes, Fairfax, Fletclier, Flood, Garnett, Gil more, Gillespi Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Harrison, Hat I Hubard,Claggett B.Jones, G. \V. Jones, Keezell, Kendall, Lincoln, Lii waine, Meredith, Miller, Moncure, R. Walton Moore, Mundy, 0*Fli Parks, Pedigo, Phillips, Pollard, Portlock, Quarles, Richmond, Rives Staart, Summers, Tarry, Thorn, Thornton, Turnbull, Waddill, Wall Wescott, Willis, Wise, Withers, Wysor. and Mr. President— 77. The journals of yesterday's proceedings were reac proved. The President laid before the Convention an invita Mrs. Lila Meade Valentine to attend the Richmond 1 Association next Saturday afternoon. — which was, on motion of Mr. McIlwaine, accep thanks. Leave of absence was granted the following raembe: Mr. Willis, one day, on motion of Mr. Pollard. Mr. Lawson, four days, on motion of Mr. Barnes, mond. Mr. Ingram, one day, to-day, on motion of Mr. Ha: Section 7 of the report of the Committee on Cities a being the special order for 10:30 o'clock this A. taken up. Mr. Brooke moved to amend the section by adding word *' sub-division,'' in line 9, the following : *' Th) merous branch of the said council shall be compose* holders who shall own a free-hold estate in real estat in said city of an assessed value of at least one thou lars,'' which was rejected — ayes, 21 ; noes, 40. — on motion of Mr. Withers, the vote was recorded a Ayes — Messrs. George K, Anderson, Ayers, Thomas H. Barnes, Bt ron. Carter, Cobb, Crismond, James W. Gordon, Green, Grejjory, H; Jones, Kendall, McIlwaine, Moncure, Orr, Portlock, Turubull, Wats and Willis-21. Noes — Messrs. Allen, W. A. Anderson, Manly H. Barnes, Blair, Bra; Chapnaan, Davis, Earman, Epes. Fletcher, Flood, Garnett, Gilmore, cock, Harrison, Hooker, Clagjjett B. Jones, Lincoln, Lindsay, Mere R. Walton Moore, Mundy, Parks, Pedigo, Phillips, Pollard, Qa Robertson, Stuart, Summers, Tarry, Waddill, Walter, Wise, With President— 40. Digitized by Google JOURNAL OP THB CONSTITUTIONAL OOKYBNTIOir. 417 lUowing pairs were announced : AMILTON with Mr. DUNAWAY. NDERSON, of Alleghany, with Mr. Kebzbll. ARBOUR with Mr. Fairfax. HOM with Mr. O'Flahkrty. rst named in each instance would have voted in the Lve. Harrison moved to pass by temporarily the considera- ection 7, which motion was rejected — ayes, 20 ; noes, 32. [arrison then moved to amend the section by inserting is ** one or " after the word ** of/' in line 2, which was —ayes, 24 ; noes, 36. ►n his motion, the vote was recorded as follows : [eflsre- W. A. Anderson, Manly H. Barnea, Thomas H. Barnee, Chap- 3, Dunaway, Earman, Epes, Fletcher, Flood, Gilmore, Hooker. Glaggett rfundy, Parks, Phillips, Robertson, Stuart, Sammers, Tarry, Thornton, Valter, and Mr. President— 24, [essrs. Allen, George K. Anderson, Ayers, Barbour, Blair. Braxton, rown, Cameron, Carter, Cobb, Crismond, Gamett, Jamefl W. Gordon, egory, Gwyn, Hancock, Hatton, G. W. Jones, Kendall, Lindiay, Mcll- sredith. Miller R. Walton Moore, Orr, Pollard, Qaarlea, Rivee, Turn- >n, Wescott, Willis, Wise, and Withers— 36. [arrison then proposed the following amendment to be after the word ** sub-division,'' in line 9. " but in ider twenty-five thousand population the General As- may permit the council to consist of one branch," which cted — ayes, 26 ; noes, 37. )n his motion, the vote was recorded as follows : fefisrs. W. A. Anderson, Manly H. Barnes, Thomas H. Barnea, Garter, Davis, Dunaway, Karman, Epes, Fletcher, Flood, Gilmore, Harrison, lacgettB. Jones, Mnredith, Miller, R. Walton Moore, Mandy, Parks, lillipe, Robertson, Tarry, Thornton, Walter, and Mr. President — 26. lessrs. Allen, George K. Anderson, Ayers, Barbour, Blair, Braxton, rown, Carr eron, Cobb, Crismond, Gamett, James W. Gordon, Green, Gfwyn, Hancock, Hatton, G, W. Jones, Kendall, Lindsay, Mcllwaine, Orr, Pollard, Portlock, Quarles, Rives, Stuart, Summers, TumbuU, A^ateon, Wescott, Willis. Wise, and Withers— 37. [arrison then proposed the same amendment with the ten '' substituted for the words ** twenty-five." ►ARBOUR called the pending question. The pending i being ordered, the amendment was adopted — ayes, 39 ; L )tion of Mr. Parks the vote was recorded as follows : iessrs. W. A. Anderson, Manly H. Barnes, Thomas H. Barnes, Blair. lapman, Crismond, Davis, Dunaway, Earman, Epes, Fletcher, Flood, Gregory, Harrison, Hatton, Hooker, Claggett B. Jonee, Meredith, 53 / Digitized by Google 418 JOmUfTAL OT THl OOMTSTITtrnONAL COKVKNTIOir. Miller, Moncare, B. Walton Moore, Mnndy, Parks, PedifKo, Phillipe, Rol Stuart, Sammers, Tarry, Thorn, Thornton. Waddill, Walter, Wescott Withers, and Mr. Preeident— 39. NoBSh— Meenrs. Allen, Georse K. Anderson, Ayers, Barbour, Braxton, ] Brown, Cameron, Grarnett, James W. Gordon, Green, Gwyn, Hancock, Jones, Kendall, Lindsay, Mcllwaine, Orr, Pollard, Quarlee, Rives, Tnmb Willis— 28. Mr. Watson announced that he was paired with Mr. C HBBTYy who, if he were present, would have voted aye, a would have voted no. On motion of Mr. Brooke section 7, as amended, was adopted. Mr. Brooks moved to reconsider the vote by which tt tion was adopted, which was decided in the negative. Mr. Moorb, of Fairfax, then proposed the following amendment, to be added at the end of section 14, '* whe there shall be a State assessment upon such property. '' — which was agreed to. On motion of Mr. Brooke the report, as amended, was adopted. Mr. Brooke moved to reconsider the vote by which t port was adopted, which was decided in the negative. On motion of Mr. Brooke the report was ordered printed and referred to the Committee on Final Revisio Adjustments of the various Provisions of the Constitutioi may be agreed upon, and upon the schedule. Mr. Braxton moved to take up the report of the Comi on Corporations, as amended in committee of the whole. — ^which was agreed to. Section 1 was then taken up, and Mr. Jonks, of Kin Queen, moved to strike out the words '* Sleeping or Parle Company." Pending the consideration of which Mr, Br. moved to pass by the section. — which was agreed to. Section 2 was then adopted. Mr. Braxton moved to reconsider the vote by which s 2 was adopted, which was decided in the negative. Mr. Thom moved that each speaker be limited to ten mi upon each amendment, which was agreed to. Mr. Braxton then proposed the following amendmei section 3, which were adopted : Insert in line 3 the ''members of" after the word ''the." Insert the ** while " in line 25. Strike out the words ** who is," i 27, and insert ** while." After the word '' therein," ii 28, insert the words " or while engaged in practicing law Mr. Withers proposed the following amendment : Ins line 3, before the word *' commission," the words *' three 1 Digitized by VjOOQIC JOUBNAX OF THB CONSTITUTION'AL CONTENTION, 4if ' Strike out in lines 4 and 5 the words * ' appointed by rnor, subject to confirmation by the General Assembly jession," and insert the words "elected by the quali- rs of the^State/' ig the consideration of which, on motion of Mr. Bri.x- chair was vacated until 4 o'clock this afternoon. AFTERNOON SESSION. mvention assembled at 4 o'clock P. M. nding question being the amendment to section 3, as by Mr. Withers, it was taken up. INDSAY called the pending question. The pending being ordered, the amendment was rejected — ayes, 25 ; a motion of Mr. Gordon, of Richmond, the vote was as follows : jgsra. Blair, Boaz. Chapman, Davis, Earman, Eggleeton, Fletcher, Gil- Gordon, Green, Gwyn, Hooker, Keezell, Miller, Mundy, 0' Flaherty, go, Phillipe, Quarles, Richmond, Bummere, Walter, Withers, and Mr. 25. issra. Allen, George K. Anderson, W. A. Anderson, Ayers, Barbonr, 'ooke, Brown, Cameron, Carter, Crismond, Dunaway, Ejvee, James W. aggett B. Jones, G. W. Jones, Kendall. Mcllwaine, Meredith, Mon- .Iton Moore, Orr, Pollard, Portlock, Rivea, Robertson, Stuart, Thorn, 'urn bull, Wescott, and Wise — 32. lowing pairs were announced : RNES, of New Kent, with Mr. Barnes, of Nansemond. ooD with Mr. Cobb. wsoN with Mr. Tarry. LLESPiE with Mr. Bolen. lncock with Mr, Ingram. rnett with Mr. Hamilton. iBDiLL with Mr. Willis. mpbell, of Amherst, with Mr. Smith. lrrison with Mr. Woodhouse. iTSON with Mr. Wysor. ^coLN with Mr. Walker. jjDSAY with Mr. Hatton. 3t named in each instance would have voted in the e. ODD moved to amend the section by striking out in d 5 the words *' appointed by the Governor, subject to Digitized by Google 420 JOUBKAL OV THl OOKSTITXTTIOKAL OONYENTIOV. compensation by the Gleneral Assembly in joint sess] insert the words *' elected by the General Assembly." Mr. Wbscott called the pending question. The question being ordered, the vote was taken, and th ment was rejected — ayes, 23 ; noes, 33. — and, on motion of Mr. Gordon, of Richmond, the recorded as follows : Atk— Measn. Ayers, Blair, Boas, Gameron, Chapman, Davis, Ban il^ ton, Fletcher, Gilmore, R. L. Gordon, Gwyn, Hooker, Claggett B. Jo J !■ O'Flaherty, Orr, Pedigo, Phillipe, Portlock, Summers, Walter, and ' I ^_ NoK -Messrs. Allen, George K. Anderson, W. A. Anderson, Barbo ji ^H Brooke, Browm Garter, Grismond, Danaway, Epes, Gillespie, James I 'm G. W. Jonee, Keesell, Kendall, Lindsay, Mcllwaine, Meredith, Monci ton Moore, Pollard, Qoarles, Richmond, Kives, Kobertson, Stuart, Tl ton, Tomboll, Waddill, Wesoott, Wise, and Mr. President— 33. The following pairs were announced : Mr. Grbbn with Mr. Wysor. Mr. Lawson with Mr. Tarry. Mr. Hancock with Mr. Ingram. Mr. Flood with Mr. Cobb. Mr. Garnbtt with Mr. Hamilton. Mr. Lincoln with Mr. Walker. Mr. Barnes, of New Kent, with Mr. Barnes, of Na Mr. Harrison with Mr. Woodhouse. The first named in each instance would have vo affirmative. Mr. Kbbzbll moved to amend by striking out the lines 67, 68, 69, 70, and 71, and inserting in lieu tl words '*as the terms of office of the commissioner: I pointed under this ordinance expire ; their successoi '• elected by the people of the State at large, and tht Assembly shall provide by law for such election." Mr. Barbour moved to amend the amendment b] out the word '^ shall," and inserting in lieu thereof I '' may in the discretion of the General Assembly, ,* striking out the second *' shall " and inserting the wor } Mr. Thom called the pending question. The pend tion being ordered, the amendment was adopied— noes, 16. — and, on motion of Mr. Carter, the vote was recorc lows : Atbb— Messrs. Allen, George K. Anderson, W. A. Anderson, Aye Thomas H. Barnes, Blair, Boaz, Brooke, Brown, Cameron, C. J. Cam] Chapman, Crismond, Danaway, Eggleston, Epes, Fletcher, Gilmoi Grorcion, Green. Hancock, Claggett B. Jones, Kendall, Lincoln, Lii waine, Mereditn, Moncare, R. VValton Moore, O' Flaherty, Orr, Pai Portlock, Richmond, Rives, Robertson, Stuart, Summers, Tarry, Thoi Wescott, and Wise— 46. Digitized by Google JOUBKAL OP THB CONSTITUTIONAL CONVENTION. 421 ^fessFB. Davis, Karman, Flood, Gamett, Gillespie, R. L. Gordon, Gwyn, Ceezell, Miller, Mundy, Pedigo, Phillips, Quarles, Walter, and Watson Cggleston moved to amend the amendment proposed by EZELL, as amended by the amendment proposed by Mr. R, inserting after the words *' State at large " the words the joint vote of the two houses of the General Assem- Barbour called the pending question. The pending 1 being ordered, the vote was taken and the amendment acted — ayes, 15 ; noes, 45. on motion of Mr. Eggleston, the vote was recorded as Messrs. Blair, Boaz, Brown, C. J. Campbell, Carter, Chapman, Eggles- i, Gilmore, Green, Gwyn, Hooker, Summers, Thom, and Watson — 15. Messrs. Allen, George K. Anderson, W. A. Anderson, Ayers, Barbour* I. Barnes, Braxton, Cameron, Crismond, Davis, Dunaway, Earmani nett. Gillespie, James W. Gordon, R. L. Gordon, Hancock, Claggett B. W. Jones, Keezell, Kendall, Lindsay, Mcllwaine, Meredith. Moncure, V Flaherty. Orr, Parke, Pedigo. Pollard, Portlock, Quarles, Richmond, bertson, Stuart, Tarry, Thornton, Turnbull, Walter, Wescott, Wise, and ient — 45. question then recurring on the amendment proposed by EZELL, as amended by the amendment proposed by Mr. R. Mr, Barbour called the pending q uestion . The pend- stion being ordered, the vote was taken and the amend- as rejected — ayes, 23 ; noes, 27. on motion of Mr. Barbour, the vote was recorded as MeBsrs. George K. Anderson, Ayers, Barbour, Blair, Boaz, Chapman, rman, Eggleston, Gilmore, Gwyn, Hooker, Keezell, Lindsay^ 0' Flaherty, digo. Quarles, Richmond, Summers, Thornton, Watson, and Mr. Presi- Messrs. Allen, W. A. Anderson, Braxton, Brown, Carter, Crismond, , Epes, James W. Gordon, Claggett B. Jones, G. W. Jones, Kendall, e, Meredith, Miller, Mundy, Orr, Pollard, Portlock, Rives, Robertson, tiom, Turnbull, Walter, Wescott, and Wise— 27. following pairs were announced : jrREEN with Mr. Wysor. Barnes, of New Kent, with Mr. Barnes, of Nansemond. Withers with Mr. Hatton. jarnett with Mr. Hamilton. xORDON, of Louisa, with Mr. Cameron. [jawson with Mr. Tarry. 3ANC0CK with Mr. Ingram. jrlLLESPIE with Mr. BOLEN. Digitized by Google 422 JOmUfTAL OW TEM 00N8TITUTI0NAL OOKVBNTION. Mr. Flood with Mr. Cobb. Mr. Harrison with Mr. Woodhouse. Mr. Lincoln with Mr. Walker. Mr. Campbell, of Amherst, with Mr. Smith. Mr. Waddill with Mr. Willis. The first Darned in each instance would have voted i affirmative. Mr. O'Flahbrty moved to amend section 6 by strikin the word *-may" and inserting ^e word ** shall'' ii thereof. Mr. Braxton called the pending question. The pe] question being ordered, the vote was taken, and the at ment was rejected — ayes, 17 ; noes, 35, — and, on motion of Mr. O'Flaherty, the vote was recorc follows : Atxb— Meflsra. Blair, Chapman, Davis, Earman, Gillespie, Gwyn, Hooke zell, Lindiay, Mnndy, O'Flanerty, Pedigo, Quarlee, Richmond, Summers, \ and Mr. Preddent— 17. Non— Measrs. Allen, George K. Anderson, W. A. Anderson, Ayers, Bi Thomas H. Bamef, Boaz, Braxton, Brooke, Brown, Carter, Crismond, Du E^leston, Epee, Gilmore, James W. Gordon, Hancock, Olagsett B. Jones dall, McUwaine, Meredith, Miller, Orr, Parke, Pollard, Portlock. Rives, ] son, Stuart, Thorn, Thornton, Tumbnll, Wescott, and Wise— 36. The following pairs were announce#T Mr. Lawson with Mr. Tarry. Mr. Withers with Mr. Hatton. Mr. Harrison with Mr. Woodhouse. Mr. Gordon, of Louisa, with Mr. Cameron. The first named in each instance would have voted h affirmative. Mr. BiAiR moved to amend by adding after the figures in line 10, the words •' as long as the Governor shall ha^p appointment of the said commissioners, not more than t them shall be appointed from the same political party." Mr. Braxton called the pending question. The pei question being ordered, the vote was taken, and the ar ment was rejected — ayes, 13 ; noes, 42, AYn—Meesn. Blair, Davis, Earman, GilleBpie, Gwyn, Keezell, Mundy, herty, Pedigo, Pollard, Bichmond, Sammers, and Walter — 13. NoBB—Messrs. Allen, George K. Anderson, W. A. Anderson, Ayers, Bs Thomas H. Barnes, Boaz, Braxton, Brooke, Brown, Criemond, Dunawav, ] ton, Epes, Gamett, Gilmore, James W. Gordon, R. L. Gordon, Green, Ha Hooker, Cla^tt B. Jones, G. W. Jones, Kendall, Lindsay, Mcllwaine, Me Miller, Orr, Parks, Portlock, Qaarles, Robertson, Stuart, Tarry, Thorn, Ta Watson, Wescott, Wise, Withers, and Mr. Freeident— 42. Digitized by VjOO^ IC -'•i JOintNAL OF THE OONSTITtmONAL CONVENTION. 438 >llowing pairs were announced : INCOLN with Mr. Walker. Harrison with Mr. Woodhousk. rst named in each instance would have voted in the ive. NDERsoN, of Alleghany, moved to amend by adding in after the word ** required," the words, ** and in that e General Assembly shall provide for filling vacancies.'* was agreed to. n 3, as amended, was then adopted. RAXTON moved to reconsider the vote by which section [opted, which was decided in the negative. >tion of Mr. Braxton the Convention adjourned. SATURDAY, MARCH 1, 1902. lonvention assembled at 10 o'clock A. M. Prayer by leph D. Langley, of the Methodist Episcopal church, oil of the Convention was called and the following 3 were present and answered to their names : yien, George K. Anderson, W. A. Anderson, Ayers, Barbour, Manly , Thomaa H. Barnes, Blair, Boaz, Bolen, Braxton, Brooke, Brown, I!. J. Campbell, Carter, Chapman, Cobb,Cri8mond, Dunaway, Earman, Epes, Flood, Garnett, Gil more, Gillespie, R. L. Gordon, Green, Greg- , Hamilton, Hancock, Hardy, Harrison, Hooker, Claggett B. Jones, s^, Keezell, Kendall, Lincoln, Lindsay, Mcllwaine, Meredith, Miller, tfundy, 0' Flaherty, ParKS, Pedigo, Phillips. Pollard, Portlock, Quarles, lertson, Stuart, Summers, Tarry, Thorn, Thornton, TurnbuU, Waddill, atson, VVescott, Wise, Withers, Wysor, and Mr, President — 70. >urnals of yesterday were read and approved. ARBOUE moved that when the Convention adjourn to- .djourn to meet Monday at 12 o'clock. was agreed to. of absence was granted the following members : ^GRAM, one day, to-day, on motion of Mr. Hancock. URNBULL, two days, on motion of Mr. Carter. ORTLOCK, two days, on motion of Mr. Jonks, of King en. ARHAM, indefinite leave, on motion of Mr. Braxton. HORNTON, one day, on motion of Mr. Jones, of King en. URNBULL presented an amendment to sub-section 6 of I Committee on Taxation and Finance, which was, on on, ordered to lie on the table and be printed. 4 Digitized by Google 424 JOUBlfrAL ov thb ookstitutiokal oontektiof. The further consideration of the report of the Com Corporations was taken up. ^^ Sub-section *' a " of section 4 was then adopted, * i I^H * Mr. Braxton moved to reconsider the vote by v ' ^™ sub-section had been adopted, which was decided in tive. Mr. Braxton moved to amend sub-section '* b " as In line 30 strike out the word ** of ;" in line 32 strike words beginning with the words '*the said," down U eluding the word ** deem/' in line 36, and insert ii after the word *' as,'' the words '* may be ;'' in line after the word '* transportation " the words '' ortransi and insert after the word *' company," in same line, l " in favor of or ;" in line 75 strike out the words '* al and insert the words *' in substance;" insert the w length " after the word ''published," in line 83; s •' limit," in line 103, and insert '* prescribe ;" strike o in line 104, and insert *' rules, regulations and ;" stril words •' for all," in line 105, and insert the words '' i tion with any;" insert ** a" after the word '* under amendments were agreed to. O- ^M Sub-section '* b " was then adopted, and the moti< l| fl| Braxton to reconsider the vote by which the sub-se " adopted, was decided in the negative. Mr. Braxton proposed the following amendmen section " c :" Insert '* to" at beginning of line 118 ; word ** charges," in line 137, strike out remainder of line 138, and insert the following : ** to be observed ii duct of any business where the State has the right to the rates and charges in connection therewith;" ins ** of corporations " after word property, and strike out and insert " the ;" strike out ** or," in line 146 ; whic ments were agreed to. Sub-section " c " was then adopted, as amended, motion of Mr. Braxton to reconsider the vote by whi adopted, was decided in the negative. Sub-section *'d" was then taken up, Mr. Braxton the following amendments : Insert the word ' * rates ' ' word ** prescribing," in line 159 ; after the word ** cc in line 163, insert the following: **or refusing to ! suspending bond or requiring additional security on si or an increase thereof, as provided for in sub-sectio this section ;" insert after the word ** interested," in the words ** irrespective of the amount involved :" ac end of the sub-section the following: '* no court of t monwealth shall have jurisdiction by any process or p (except by way of appeal to the Supreme Court of Digitized by VjOOQIC OtTENAL OP THB CONSTITUTIONAL CONVENTION. 425 edeas as herein provided for or authorized) to review, jorrect, or annul, any action of said commission s scope of its authority, or suspend or delay the exe- Dperation thereof, nor in any such case to enjoin, re- interfere with the said commission in the performance ial duties : provided, however, the writs of mandamus bition shall lie from the Supreme Court of Appeals nmission in all cases where such writs respectively to any inferior tribunal or officer." rere agreed to. ;ion *' d," as amended, was then adopted. LXTON moved to reconsider the vote by which sub-sec- was adopted, which motion was recorded in the neg- :.ion ** e " was then taken up. AXTON proposed the following amendment : At the of sub-section insert the words *' upon the granting eal from any action of said commission, a writ of t may be awarded by the appellate court superseding ion of the action appealed from, till the final dispo- tie appeal, but/' which was agreed to. )M proposed the following amendment : Insert after ' commission," in line 206, the words ** or approved by the Supreme Court of Appeals." :scoTT called the pending question. The pending >eing ordered, the amendment was adopted — ayes, 24. motion of Mr. Thom, the vote was recorded as fol- srs. W. A. Anderson, Manly H. Barnes, Blair, Cameron, C. J. Camp- Chapman, Crismond, Earman, Flood, Garnett, Green, Gregory, ancock, Hooker, Hubard, Claggett B. Jones, G. W. Jones, Keezell, ndy, Pedigo, Quarles, Kobertson, Summers, Thom, Waddill, Walter, e, and Mr. President — 32. mTB. Allen, George K. Anderson, Ayers, Barbour, Boaz. Braxton- I, Gilmore, Gillespie, R. L. Gordon, Gwyn, Hardy, Kendall, Mcll- dith, Miller, Parks, Pollard, Rives, Stuart, Tarry, Turnbull, and owing pairs were announced : rcoLN with Mr. Walker. TTON with Mr. Wescott. SMOND with Mr. Moncurk, t named in each instance would have voted in the 3. LXTON moved to amend by striking out, in line 207, "such action be not reversed,*' and insert in lieu Digitized by GoogI 426 JOUBNAL OT THl 00K8TITUTI0NAL OONVBNTIOir. thereof the following: ''such charges made by the cc pending the appeal be not sustained on such appeal." — which was agreed to. Sub-section ** e " was then adopted, and on motion Braxton to reconsider the vote by which the sub-secti adopted, was decided in the negative. Mr. Braxton then proposed the following amendm sub-section ** f," in line 238: Strike out the words " dence;" insert after the word ** therefrom," in line 2 following : '* together with such of the evidence introdu fore or considered by the commission as may be selected fied, and required to be certified by any party in inter gether with such other evidence so introduced or consid the commission may deem proper to certify;" in lii sijrike out the word '* or " and insert the word ** and/^ amendments were agreed to. Sub-section '*f," as amended, was then adopted. Mr. Braxton moved to reconsider the vote by which t section was adopted, which motion was decided in the ne Sub-sections " h," " i " and '* k " were then adopte on motions severally made by Mr. Braxton to reconsii vote by which the sub-sections were adopted, were dec the negative. Mr. Wise proposed to amend sub-section '* 1 " by in after the word '* sub-sections," in line 319, the letter " b," '* c," which was agreed to. Mr. Hamilton moved to strike out, in lines 318 and S words *' upon the recommendation of the said commissic Mr. Wbscott called the pending question. The p question being ordered, the amendment was rejected — ^a] noes, 41. — on motion of Mr. Braxton, the vote was recorded as f ' 111 «.!■ ^ ATBS^Messrs. W. A. Anderson, Blftir, C. J. CampbeH, Barman, I Flood, Hamilton, Habard, Mundy, and RobertBon— 10. Noes— Messrs. Allen, George K. Anderson, Ayers, Barbour, Manly B Boaz, Bolen, Braxton, Brown, Cobb, Grismond, Garnett, Gilmore, Gil L. Gordon, Green, Gregory, Gwyn, Hardy, Hooker, Clap^tt B. Jone Jones, Kendall, Lindsay, Mcllwaine, Meredith, Parke, Pedigo, Pbillipe Quarles, Stnart, Summers, Tarry, TombuU, Waddill, Watson, Wise, Wysor, and Mr. Pre8identp-4l. The following pairs were announced : Mr. Cameron with Mr. Epbs. Mr. Walter with Mr.. Campbell, of Washington, Mr. Carter with Mr. Lawson. Mr. Brooke with Mr. Ingram. Mr, Thom with Mr. Fairfax. Digitized by Google JOURNAL OP THB CONSTITUTIONAL CONVENTION. 427 TLocK with Mr. Willis. ?TON with Mr. Wkscott. DOLN with Mr. Walker. i named in each instance would have voted in the ). DERSON, of Rockbridge, moved to insert after the ly," in line 319, the words *' or without such recom- , by a two-thirds vote of both houses of the General STDALL called the pending question. The pending eing ordered, the amendment was rejected — ayes, 12 ; motion of Mr. Anderson, of Rockbridge, the vote led as follows : irs. W. A. Anderson. Manly H. Barnes, C. J. Campbell, Earman, x)d, Hamilton, Hancock, Habard, Mundy, OTlaherty, and Robert- irs. Allen, George K. Anderson, Ay ere, Barbour, Boaz, Bolen, Brax- )obb, Crismond, Garnett, Gilmore, Gilleepie, R. L. Gordon, Green, rn, Hardy, Hooker, Claggett B. Jones, G. W. Jonee, Kendall, Lind- le, Meredith, Parks, Pedigo, Pollard, Quarlee, Stuart, Tarry, Tum- , Watson, Wise, Withers, Wysor, and Mr. President — 38. Dwing pairs were announced : OKK with Mr. Ingram. TER with Mr. Lawson. :ton with Mr. Wescott. [ERON with Mr, Epes. TLOCK with Mr. Willis. COLN with Mr. Walker. M with Mr. Fairfax. i named in each instance would have voted in the ;bour proposed the following amendment : Insert af- ires *' 1905/* in line 317, the words ** in addition to of amendment provided for in Article .*' ion *' 1," as amended, was then adopted. XTON moved to reconsider the vote by which the sub- s adopted, which was decided in the negative. 1 was then taken up and the amendment proposed by , of King and Queen, which was to strike out the jeping or parlor car company," was agreed to. 1, as amended, was then adopted. XTON moved to reconsider the vote by which section )ted, which was decided in the negative. XTON moved to amend section 5 by inserting after the dness," in line 8, the following: ** which shall be e of any specific license, or other tax, imposed by Digitized by Googl m 428 JOmUfTAL 01 THB OOKSTITUTIONAI. CONTBNTIOK. law upon such company, for the privilege of carry business in this State, or of any tax upon its franchi erty," which was agreed to. Mr. O'Flahbrty proposed to amend the section b after the word ** State," in line 7, the words *' exce; ble, religious or educational corporations.*' Mr. Lindsay moved to amend the amendment I out the word ** educational/' which was rejected. Mr. Barbour called the pending question. Tl: question being ordered, the amendment was rejected- noes, 37. — and, on motion of Mr. O'Flahkrty, the vote was : follows : Ayes— Messra. W. A. Anderson, Earman, Eggleeton, Garnett, Gri Lindsay, Meredith, Mundy, O'Flaherty, Pedigo, and Quarlee— 12, Noes— Messrs. Allen, George K. Anderson, Ayere, Barbour, Boaz ton, Brown, O. J. Campbell, Carter, Chapman. Cobb, Crismond, G pie, R. L. Gordon. Green, Gwyn, Hamilton, Hardy, G. W. Jones, ] waine. Parks, Pollard, Portlock, Stuart, Tarry, Turnbull, Waddill, cott, Wise, Withers, Wysor, and Mr. President— 3d. The following pairs were announced : Mr. Brooks with Mr. Ingram. Mr. Robertson with Mr. Rivks. Mr. Walter with Mr. Campbell, of Washington. Mr. Braxton proposed the following amendment the word *' article," in line 34, the words " provide General Assembly may relieve from the payment herein provided for any purely charitable institutic tutions," which Was agreed to — ayes, 39 ; noes, 14. — and, on motion of Mr. O'Flaherty, the vote was follows : Atbs— Messrs. George K, Anderson, W. A. Anderson, Ayers, I Boaz, Braxton, Brooke, Brown, G. J. Campbell, Chapman, Earm Garnett. Gillespie, Gregory, Gwyn, Hooker, Claggett B. Jones, Kei Mcllwame, Meredith, Mundy, O' Flaherty, Parka, Phillips, Poll Quarles, Robertson, Stuart, Tarry, Thom. Walter, Watson, Wescol Mr. President— 39. NoBB — Messrs. Allen, Garter, Cobb, Crismond, Gilmore, R. L. ( Hardy, G. W. Jonee, K^zell, Tombull, Waddill, Wise, and Withe Mr. Egglbston moved to amend by striking out, the words " and annuUment of the charter or," an lieu thereof the words '* of the ;" also to strike out the words '* as the case may be." Pending the consideration of which, the Convent tion of Mr. Braxton, adjourned. Digitized by Google JOUENAL OF THB CONSTITUTIONAL CONVENTION. 429 MONDAY, MARCH 3, 1902. ivention assembled at 12 o'clock M. Prayer by Rev. gby, D. D., of the Baptist church, of the Convention was called and the following mem- present and answered to their names : len, George K. AnderHon. W. A. Anderson, Ayere, Barbour, Manly tiomas H. Barnes, Boaz, Bolen, Bouldin, Braxton, Brooke, Brown, rter. Chapman, Ck>bb, Criemond, Earman, Epes, Fairfax, Flood, Gar- e, Gillespie, James W. Gordon, R. L. Gordon, Green, Gregory, 3ck, Hardy, Harrison, Hooker, Hubard, Hunton, G. W. Jones, dall, Lincoln, Lindsay. Marshall, Mcllwaine, Meredith, Miller, Mod- Iton Moore, Mundy, 0*Flaherty, Parks, Pedigo, Phillips, Pollard, imond, Robertson, Stebbins, Stuart, Summers, Tarry, Thorn, Wad- , Walter, Westcott, Willis, Wise, Withers, Woodhouse, Wysor, and it— 71. irnal of Saturday's proceedings was read and ap- f absence was granted Mr. Ingrau for one day, on Mr. Hancock. DERSON, of Alleghany, presented a resolution, No. ading sections 2 and 3 of the report of the Committee gislative Department, which was referred to the Com- the Legislative Department. •'laherty proposed a resolution, No. 291, relating to 3 for office, which was referred to the Committee on ve Franchise. RNES, of New Kent, presented a petition from the ' York county, relating to county treasurers, which ■ed to thfe Committee on the Organization and Gov- if Counties. endment proposed by Mr. Eggleston to section 5 of of the Committee on Corporations, being the unfin- ness of the day, was taken up, and, on motion of Mr. was passed by — ayes, 34; noes, 17. A.XTON moved to insert after the word *' provide" in :e words **by law" ; and after the word ** thereof" in le words "and otherwise for carrying out and making he provisions of this section," which was agreed to. 5 was then passed by. axton moved to strike out the word "other" in line m 6, which was agreed to. s 6 and 7 were then adopted, and the motions sever- by Mr. Braxton to reconsider the vote by which the ■ere adopted were decided in the negative. rsoR proposed the following as section 8 : The General Assembly shall, by general laws, of uni- Digitized by Gooi 430 JOtTfiKAL Ot Tfil OOKStCnmONAL OONTBNTIOir. form operation, provide reasonable and economical reg for the ascertainment of just compensation to all raili part of whose right of way may be condemned for the telegraph or telephone lines, and provide for the conden in one proceeding, of the whole of such part of the right of any railroad in this State, and that telegraph and te companies, by such proceedings, shall, by such proc( acquire only an easement in, and to the right of way railroads in this State, for the purpose of constructing taining and operating their lines, which must be done s to interfere with the operation of the railroad trains, ac any time, a railroad company shall need for railroad p any portion of its right of way occupied by a telegraph phone company, such telegraph or telephone compan;; upon reasonable notice, at its own expense, remove its ] such other points on the right of way as may be design; the railroad company. The railroad company shall h prior right to their entire right of way for railroad purj — ^which was, on motion of Mr. Thom, passed by until row. Mr. Braxton proposed the following amendment to 9: After the word ''apply" in line 20, insert the woi mileage tickets nor", which was agreed to. Section 9, as amended, was then adopted. Section 10 was then adopted, and the motions severall by Mr. Braxton to reconsider the votes by which the s were adopted, were decided in the negative. Section 11 was, on motion of Mr. Braxton, passed bj Section 12 was then taken up, and Mr. Ayers propo! following amendment : In line 18 after the word *'effec sert the following : '*but this section shall not prevent a eign railroad company, operating a railroad in this Stati building branch roads, not exceeding twenty miles in from any point or points on its present line, as now aut' bylaw." Pending the consideration of which, on motion of Mr. TON, the chair was vacated until 4 o'clock this afternoon AFTERNOON SESSION. ' 11 jrf The President resumed the chair at 4 o'clock P. M. The pending question, being the amendment to sec (|H by Mr. Aters, came up, and on motion of Mr. Braxto S passed by until to-morrow. } Digitized by Google JOtmNAL OF TKB CONSTITUTIONAL CONVENTION, 431 AXTON moved to amend section 12 as follows : In lines lake the word ''nor" read ''or'' ; in line 6 after the lade of" insert the word "similar" ; in line 21 after "individuals" insert the following: "and nothing in Dn shall restrict the power of the General Assembly to ate against foreign corporations whenever and in er respect it may be deemed expedient or wise to do ine 9 insert after the word "corporations" the words discriminating against their"; in line 19 after the all" the word "always", which amendments were iion of Mr. Braxton further consideration of section issed by until to-morrow. s 13, 14, 15, and 16 were then adopted. )tions severally made by Mr. Braxton to reconsider by which sections 13, 14, 15, and 16 were adopted, ded in the negative. AXTON moved to amend section 17, in line 1, before 5 "The free" insert the words "The exclusive right to )perate railroads parallel to its own or any other line ds shall not be hereafter granted to any company." iion of Mr. Braxton further consideration of section iSsed by. AXTON moved to amend section 18, in line 38, after "hereinbefore," insert the words "in this article." . 18, as amended, was then adopted. AXTON moved to reconsider the vote by which section lopted, which was decided in the negative. 19 was, on motion of Mr. Braxton, passed by. . 17 was then taken up, and the amendment formerly by Mr. Braxton was agreed to. AXTON moved to further amend : in line 4 strike out, I with the word "but," the remainder of the section, t the following : "but no such company shall build or ny line of railroad not specified in its charter." ■ :oM moved to amend the amendment by inserting the ain" between the words "any" and "line." iRBUOR called the pending question. The pending being ordered, the amendment was rejected — ayes, 15 ; lion of Mr. Barbour the vote was recorded as follows : sssre. Ayera, Thomas H. Barnes, Bouldin^ Chapman, Crismond, Ear- ck, Lincoln, Marshall, Mundy, Pedijijo, Thom, Waddill, Wescott, and ssrs. Allen, George K. Anderson, W. A. Anderson. Barbour, Boaz, ton, Brown, Epes^ Fairfax, Gamett^ Gilmore, Gillespie, James W, L. Gordon, Green, Gwyn, Hardy, Hooker, G. W. Jones, Keezell, Digitized by Googl^ 432 JOUBKAL Ot THB CONSTITUTIONAL CONVENTIOTf. Kendall, Mcllwaiiie, Meredith, Miller, Moncure, R. Walton Moon Pollard, Qaarlee, Kichmond, Stebbins, Stuart, Summers, Tarry, W Withers, Woodhoose, Wysor, and Mr. President — 41. The following pairs were announced : Mr. RoBBRTSON, with Mr. Rives. Mr. Cartbr, with Mr. Lawson. Mr. Brookb, with Mr. Ingram. Mr. WaLTBR, with Mr. Campbell, of Washington The first named in each instance would have vo afGirmative. Mr. O'Flahbrty moved to amend section 17, line ing out the word ''free." — which was agreed to. Mr. RoBBRTSON moved to strike out the entire sect Mr. Barbour called the pending question. Th question being ordered, the amendment was rejected Section 17, as amended, was then adopted. Motion of Mr. Braxton to reconsider the vote by section was adopted, was decided in the negative. Leave of absence was granted the following memb Mr. Orr, six days, on motion of Mr. Richmond. Mr. GiLLBSPiE, two days, on motion of Mr. Rich^ On motion of Mr. Braxton, the Convention adjoi ill A^ TUESDAY, MARCH 4, 1902. The Convention assembled at 10 o'clock A. M. Rev. I. M. Mercer, of the Baptist church. The roll of the Convention was called and the members were present and answered to their names Messrs. Allen, George K. Anderson, W. A. Anderson, Ay era, Bat H. Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, Brooke, Bro* Carter, Chapman, Crismond, Barman, Epes, Fairfax, Fletcher, F Gilmore, James W. Gordon, R. L. Gordon, Green, Gregory, Gw Hancock, Hardy, Harrison, Hatton, Hooker, Hubard, H union, Keezell, Kendall, Lincoln, Lindsay, Lovell, Marshal), Mcllwai Miller, Moncure, R. Walton Moore, Mundy, O' Flaherty, Parks, Pe Pollard, Qaarlee, Richmond, Rives, Robertson, Stebbins, Sum Thom. Thornton, Waddill, Walker, Walter, Wescott, Willis, \ Woodnoose, Wysor, Yancey, and Mr. President— 75. The journals of yesterday's proceedings were re; proved. Leave of absence was granted the following meml Mr. Hancock, one day, on motion of Mr, Carter Digitized by VjOOQIC JOUBKAL OP THl OOKSTITnTIOKAL OONYBNTIOK. m INGRAM, one day, to-day, on motion of Mr. Hancock. 3tion of Mr. Braxton, the consideration of section 12 iport of the Committee on Corporations was taken up amendment proposed by Mr. Atebs was rejected^ ; noes, 31. [esBra. Ayen, Cameron, Ohapman, Eanuaii, Garnett, Gregory, Gwyo, ibard, Lmcoln, R. Walton Moore, O'Flahertv. Pedigo, Phillfpe, Rich- Mrtaon, SmnmerB, Thorn, Thornton, Waddill, Walter, and Mr. Preai- [eflsrs. Allen, George K. Anderson, Thomae H. Bamee, Braxton, Brown, lood, Giimore, James W. Gordon, R. L. Gordon, Hancock, Hatton, . W. Jones, Kendall, Lindsay, LoTell, Mcllwaine, Miller, Moncnre, irks. Pollard, Qaarles, Tarry, Wescott, Willis, Withers, Woodhoase, d Yancey— 31. )llowing pairs were announced : [amilton with Mr. Greek. ARRisoN with Mr. Wise. ARTBR with Mr. Lawson. NDBRSON, of Rockbridge, with Mr. Barbour. RiSMOND with Mr. Boaz. rst named in each instance would have voted in the ive. RAXTON then proposed the following amendment, in line after the word '* eflfect,*' the following : ** without first ig incorporated under the laws of the State ;" which Bed to. n 12 was then adopted, and the motion of Mr. Brax- econsider the vote by which the section was adopted ided in the negative. RAXTON then moved to take up section 5, which was o, and the amendment formerly proposed by Mr. Eg- was rejected. n 5 was then adopted, and the motion of Mr. Braxton sider the vote by which the section was adopted was in the negative. Vysor, by unanimous consent, withdrew his amend- roposed on yesterday, to section 8. n 11 was then taken up. RAXTON then proposed the following substitute for sec- octrine of fellow-servant, so far as it affects the liability laster for injuries to his servant resulting from the acts ions of any other servant or servants of the common is, to the extent hereinafter stated, hereby abolished as mployee of any railroad company engaged in the phys- jtruction, repair or maintenance of its roadway, track, I the structures connected therewith, or in the physical 56 Digitized by Google 434 JOURNAL Of THB OOKSTITUTIOKAL OOMTSNTIOir. operation of its trains, cars, engines or switches, and such employee shall have the same right to recover for injury suflfered by him from the acts or omissions of any employee or employees of the common master, that a s< would have (at the time when this Constitution goes into > if such acts or omissions had been done by the master h in the performance of a non-assignable duty : provided ever, that the injury so suffered by such railroad employ suits from the negligence of a superior oflficer or agent i company or from that of a person employed by the coi and having the right, or being charged with the duty, t< trol or direct the general services or the immediate work party injured, or the general services or the immediate w the co-employee by whom he is injured, and also, when 1 jury results from the negligence of a co-employee enga^ another department of labor from that of the party inju engaged on another train of cars, or who has charge c switch, signal point, or locomotive engine, or is charged dispatching trains or transmitting telegraphic orders the and whether such negligence be in the performance of signable or non-assignable duty. Knowledge, by any sue ployee injured, of the defective or unsafe character or coe of any machinery, ways, appliances, or structures, shall defence to an action for injury caused thereby. When whether instantaneous or otherwise, results from any inj such an employee, received as aforesaid, and which w^oul( entitled him to recover for such injury under the above ] ions, had death not occurred, then the personal represen surviving consort and relatives of the deceased shall r( ively have the same rights and remedies for such death deceased as they respectively would have had, if his deai been caused by the negligence of a co-employee of the co master while in the performance, as vice-principal, of j assignable duty of the company. Any contract or agre( express or implied, made by any employee, to waive th efit of this section, shall be null and void. This section not be construed to deprive any employee, or his legal o sonal representative, surviving consort or relatives, c rights or remedies that he now has, or that they now ha the law of the land. Nothing contained ia this section have the effect of restricting the power of the General I bly to further enlarge, for the above named class of empl the rights and remedies hereinbefore provided for, or to c such rights and remedies to, or otherwise enlarge the p rights and remedies of, any other class of employees of rai or of employees of any person, firm or corporation. Mr. Wysor proposed the following amendment to the s ^ Digitized by VjOOQI^ JOUBNAL OF THB CONSTITUTIONAL CONTBNTION. iM posed by Mr. Braxton : Strike out the words, in line t to be a defence to an action," and insert the words itself be a bar to a recovery," and at end of substitute e following : *' Nothing in this section shall impair the of contributory negligence." V^KSCOTT called the pending question. The pending being ordered, the vote was taken on the first half of ndment, and it was rejected — ayes, 26 ; noes, 39. tion of Mr. Harrison, the vote was recorded as fol- [esars. Ayers, Thomas H. Barnes, Bolen, Bouldin, Brooke, Cameron, lapman, Barman, Gregory, Hamilton, Harrison, Hatton, Kendall, xivell, Mundy, Richmond, Robertson, Thom, Thornton, Waddill, K)d house, Wysor, and Yancey— 26. [esers. Allen, George K. Anderson, W. A. Anderson, Barbour, Blair, Irown, Epefi, Fairfax, Fletcher, Flood, Garnett, Gilmore, James W. . L. Gt)rdon, Green, Gwyn, Hancock, Hardy, Hooker, G. W. Jones, Icllwaine, Meredith, Miller, Moncure, O* Flaherty, Parks, Phillips, ^uarles, Rives, Stebbins, Stuart, Summers, Tarry, Wescott, Withers, resident— 39. [gore, of Fairfax, announced that he was paired with LKER, who, if he were present, would vote no and he ote aye. ote was then taken on the second half of Mr. Wysor's tent and it was rejected — ayes, 19 ; noes, 42. ►tion of Mr. Wysor, the vote was recorded as follows : leesrs. Ayers, Thomas H. Barnes, Bolen, Bouldin, Brooke, Cameron, irman, Gregory, Hamilton, Hatton, Lincoln, Mundy, Richmond, , Thom, Willis, Wysor, and Yancey — 19. [essrs. Allen, George K. AnderBon, W. A. Anderson, Barbour, Braxton, lapman, Kpes, Fairfax, Fletcher, Flood, Garnett, Gilmore, James W. ,. L. Gordon, Green, Gwyn, Hancock, Hardy, Harrison, G. W. Jones, Ejovell, Mcllwaine, Meredith, Miller, Moncure, 0*Flaherty, Parks, hilUpB, Pollard, Quarles, Rives, Stebbins, Stuart, Summers, Thornton, rVescott, Withers, and Mr. Preaident — 42. ,0BKRTS0N moved to amend the substitute by inserting e word ** thereby, '* in line 27, the following: '* pro- lowever, that the language here employed shall be e interpretation put upon it by the Supreme Court of ppi in the case of Buckner vs, Richmond & Danville I Company, et. al., reported in 72 Mississippi Reports, Jraxton called the pending question. The pending t being ordered, the amendment was rejected — ayes, 7 ; ►tion of Mr. Robertson, the vote was recorded as fol- Digitized by Google 4S6 JOUBKAL OF THE CONSTITUTIONAL CONVENTION. Atxs— MesBTB. Thomaa H. Barnes, Brooke, Cameron, Barman, 1 Mondy, and Robertson^T. Nobs — Messrs. Allen, George K. Anderson, W. A. Anderson, Ayers, Bolen, Boaldin, Brown, Chapman, Epes, Fairfax, Fletcher, Flood, Gilmore, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hardy, Hooker, Habard, G. W. Jooes, Lindsay, Lovell, Mcllwaine, Miller, Moncare, O'Flaherty, Parks, Pedigo, Phillips, Pollard, Quarles, f Rives, Stebbins, Stuart, Summers, Tarry. Thom, Thornton, Waddill Wesoott, Willis, Withers, Woodhouse, Wysor, and Mr. President— 53. The substitute proposed by Mr. Braxton was then a Section 11, as amended, was adopted, and the motior Bbaxton to reconsider the vote by which it was adop decided in the negative. Mr. HuBARD proposed the following as an independ tion : *' Provided, no member of this Convention shal] gible to the position of corporation commissioner ere this body.'' Mr. Harrison raised the point of order that the ame was not in order and the point was sustained by tb whereupon Mr. Hubarb appealed from the decision chair. The question, shall the decision of the chair re the judgment of the committee? being put, was decided negative— ayes, 27 ; noes, 30. Atxb — Messrs. Barboar, Thomas H. Barnes, Bolen, Bouldin, Braxto Earman, Epes, Fairfax, Garnett, Gil more, Gwyn, Hancock, Hardy, G. W. Jones, Keezeli, Lovell, Mcllwaine, Miller, Moncnre, R. Walt Mandy, Richmond, Stebbins, Weecott, and Willis— 27. Nobs — ^Messrs. Allen, George K. Anderson, W. A. Anderson, Ayers, Br ter, Chapman, Fletcher, Flood, James W. Gordon, R. L. Gordon, Green, '. Hooker, Habard, Lindsay, Meredith, O' Flaherty, Parks, Pedigo, Phillip Quarles, Rives, Robertson, Stuart, Thom, Withers, Woodhouee, and \ On motion of Mr. Braxton, the chair was vacated o'clock this afternoon. AFTERNOON SESSION. *f The President resumed the chair at 4 o'clock P. M. Mr. Mbrbdith moved to reconsider the vote by wh decision of the chair was overruled, which was agreed t Mr. HuBARD then asked unanimous consent to withd appeal, which was granted, and the appeal was withdn Mr. HuBARD then proposed the following as an indej and separate section : No. 20. *' No member of the Convention shall be eli the position of corporation commissioner, created by tl at the first appointments.'' Digitized by VjQOglC JOUSHAL Of THl OOKSTITUTIONAL OOKYBNTIOK. 487 RESiDBNT stated that as this was a question of order ^ 1 put the question of consideration to the Convention. I being taken, it was agreed to— -ayes, 36 ; noes, 22. n motion of Mr. Harbison, the vote was recorded as easra. Allen, Greorge K. Anderson, W. A. Anderson, Ayers, Brooke, -man, Flood, Garnett> James W. Grordon, Green, Hamilton, Hardy, [ubarci, Hunton, G. W. Jones, Lindsay, Meredith, R. Walton Moore, 'Flaherty, Parks, Pedigo, PhilliDfl, Pollard, Qaarles, Rives, Stuart, rhom. Waddill, Wescott, Willis, Wise, and Withers— 36. essTB. Barbour, Thomas H. Barnes, Boaz, Bolen, Booldin, Braxton, lapman, Crismond, Fairfax, Gilmore, R. L. Gordon, Hanoock, Harri- 11, LoTell, Moncure, Richmond, Stebbins, Thornton, Yancey, and Mr. -22. ►Hewing pairs were announced : INCENT with Mr. Tarry. A.MERON with Mr. McIlwainb. rst named in each instance would have voted in the ve. [uestion then recurring on section 20, as proposed, )KRSON, of Alleghany, called the pending question. iing question being ordered, the proposed section was —ayes, 23; noes, 35. tion of Mr. Hooker, the vote was recorded as follows : eun. Allen, W. A. Anderson, Ayers, Bolen, Brooke, Carter, Barman, Hilton, Hooker, Habard, G. W. Jones, Lindsay, Mondy, Pedigo, >llard, Qoarlee, Robertson, Sommeis, Thorn, We8Cott,and Withers— 28. essrs. George K. Anderson, Barbour, Thomas H. Barnes, Boaz, raxton. Brown, Ghapman, Crismond, Epes, Fairfax, Gamett, Gilmore, Sordon, R. L. Gordon, Hanoock, Hardy, Han ton, Eeezell, Loyell, Moncure, R. Walton Moore, 0' Flaherty, Parks, Richmond, Rives, Huart, Thornton, Waddill, Willis* Wise, Yancey, and Mr. Presi- llowing pairs were announced : iMERON with Mr. McIlwainb. [NCBNT with Mr. Tarry. BEEN with Mr. Brown. rst named in each instance would have voted in the af- EULXTON moved to reconsider the vote by which section een rejected, which was decided in the negative, port, as amended, was then adopted, and, on motion RAXTON to reconsider the vote by which the report was was decided jn the negative. ition of Mr. Braxton, the report of the Committee on ions, as amended and adopted by the Convention, was ^o be printed and referred to the Committee on Final. Digitized by Google 438 JOUBKAL Of THB CONSTITUTIONAL CONVBNTION. Revision and Adjustments of the various provisions ( stitution that may be agreed upon, and upon the sch On motion of Mr. Braxton, 500 extra copies of were ordered to be printed. On motion of Mr. Fairfax, the report of the Coi Taxation and Finance, as amended in the commit whole, was taken up, and, on his further motion, th ation of sections 1 and 2 were passed by. Mr. Harrison moved to amend section 3 by striki following words, beginning in line 8 : *' and whene\ chise tax shall be imposed upon a corporation doing this Stat6, or;" which was rejected. Mr. MooRB, of Fairfax, moved to amend by addin section the following : ** But the city of Alexandr permitted by law to impose such taxes or assessmem ing and improving streets as well as for the purpose a which was rejected. Mr. Allbn moved to amend, in line 18, after the v ing," the words '* then existing ;'' which was agreec Mr. Fairfax moved to amend, in line 18, after '* for " insert the words ** either the," and after *' construction " the words ** or otherwise the use ;" agreed to. On motion of Mr. Fairfax, section 3, as ame adopted. Motion of Mr. Fairfax to reconsider the vote by tion 3 was adopted was decided in the negative. On motion of Mr. Barbour, the Convention ajoun WEDNESDAY, MARCH 5, 1902. The Convention assembled at 10 o'clock A. M. Rev. Dr. W. T. Derieux, of the Baptist church. The roll of the Convention was called and the members were present and answered to their names f MeflBn. Anen, George K, Anderson, W. A. Anderson, Ay Barham, Manly H. Bamee. Thomas H. Barnes, Blair, Boaz, Bo Brooke, Brown, Cameron, Garter, Chapman, Crismond, Davis, Ka ton, Epes, FairfJEUc, Fletcher, Flood, Garnett, Gilmore, James W L. Gk>rdon, Qreen, Gregory, Gwyn, Hamilton, Hancock, Han Hooker, Ingram, Claggett B. Jones, G. W. Jones, Keezell, Ker Lindsay, Lovell, Marahall, Mcllwaine, Meredith, Miller, Moncui Moore, Muiidy, O'Flaherty, Parks, Pedigo, Phillips, Pollard, Pori Bichmond, Rivee, Robertson, Stebbins, Stuart, Summers, Tarry, ' ton, Tumbull, Waddill, Walker, Walter, Wescott, Willis, Wiee, W boofle, Wyaor, Yancey and Mr. JF^ident— SO. jj^.' Digitized by Google >UBNAL OP THB CONSTITUTIONAL CONVENTION. 439 rnals of yesterday's proceedings were read and ap- absence was granted the following members : 'TON, indefinite leave, on motion of Mr. Wescott. iTON, one day, to-day, on motion of Mr. Moore, of PBELL, of Washington, five days, on motion of Mr. rs, one day, to-day, on motion of Mr. Anderson, Qy. her consideration of the report of the Committee on nd Finance was taken up. 4 and 5 were then adopted. ions severally made to reconsider the votes by which )ns were adopted, were decided in the negative. PRISON moved to amend section 6 by striking out, ord '^determine," in line 12, all the words down to ing the word '*law," in line 15. ERSON, of Alleghany, moved to amend by inserting, e^ord **but,'' in line 12, the following words: **the isembly may provide that," DON, of Louisa, called the pending question. The lestion being ordered, the amendment proposed by tsoN, of Alleghany, was rejected. DON, of Richmond, moved to amend by striking out is beginning with **but,'' in line 12, and substituting e words **but said capitation tax shall not be a lien soUected by legal process from, the personal property f a laboring man, which may be exempt from levy under the poor debtor's law." as rejected. LAHERTY movcd to amend by adding to the end of the words '*but until one year after the same shall returned delinquent." as rejected. jtion then recurring on the amendment proposed by SON, it was rejected — ayes, 21 ; noes, 46. >n of Mr. Harrison, the vote was recorded as fol- irs- Greorge K. Anderson, Barbour, Chapman, Davie^ Earman, Flood, ;gett B. Jones, Keezell, Lincoln, Marshall, Mcllwaine, Moncure, arks, Pedigo, Phillips, Rives, Robertson, Walker, and Walter— 21. irfl. Allen, W. A. Anderson, Barham, Manly H. Barnes. Thomas H. lin, Brooke, Cameron, Carter, Crismond, Epes, Fairfax, Fletcher, lore, James W. Gordon, R. L. Gordon, Gregrory, Gwyn, Hamilton, er, G. W. Jones, Lindsay, Lovell, Miller, R, Walton Moore, Mundy, lock, Quarlee, Eicbmond, Stebbins, fcJiuart, bummers, Tarry, Thorn, Digitized by Googk 440 JOUBKAL Of THB 0ON8TITUTIONAL OOKYBNTIOir. Thornton, Tornboll, Waddill, Weicott, WilliB. Wise, Withera, Yaii( Mr. Pre6id6nt-^16. Mr. Davis proposed the following as a substitute for 6 : ** The General Assembly shall levy a tax of one do! annum on every male citizen who has attained the age years, except those pensioned by this State for military s which shall be applied exclusively in aid of public free scl which was rejected — ayes, 6 ; noes, 49. On motion of Mr. Davis, the vote was recorded as foil Am^MeflBTB. Davis, Lincoln, Pedigo, Phillips, Summers^ and Walter NoiB— MesBre. Allen, George E. Andereon, Barbour, Barham, M Barnes, Thomae H. Bamee, Boaldin, Brooke, Cameron, Carter, Cbapn mond, Fairfax. Fletcher. Flood, Garnett, James W. Gordon, R. L. Gregory, Hamilton, Hardy, Hooker, Clapprett B. Jones, G. W. Jonee, Lindeay, Lovell, Marshall, Mcllwaine, Miller, Mundy, O' Flaherty, Portlock, Qaarles. Richmond, Rives, Robertson, Stebbins, Stuart, Tarr Tumbull, Waddill, Walker, Willis, Wise, Withers, and Mr. President- Mr. Epics moved to amend by inserting the word *' after the word '* said," in line 12, and by adding the fo] at end of the section : '* And the General Assembly nftay i ize the board of supervisors of any county, or the a council of any city or town, to levy an additional caj tax not exceeding one dollar per annum on each of su( sons, which shall be applied in aid of the public schools county, city or town, or to such other county, city orto^ poses as they shall determine,'' which was agreed to — aj noes, 27. — and, on motion of Mr. Keezell, the vote was recor follows : Atsb — Messrs. Allen, Ayers, Barbour, Manly H. Barnes, Thomas H Bouldin, Brooke, Brown, Cameron> Chapman, Epes, Fairfax » James "W. Gregory, Hamilton, Hardy, Ingram, Cla^^ett B. Jones, G. W. Jones, Mcllwaine, Meredith, Miller, Moncure, R. Walton Moore, O'Flaheit; Pollard, Portlock, Rives, Robertson, Stebbins, Stuart. Tarry, Thornton, ' Walker, Wescott, Willis, Wise, Withers, Woodhouse, Wysor, and W dent— 44. Nobs — Messrs. George K. Anderson, Barham, Blair, Bolen, Carter, C Davis, Earman, Fletcher, Gilmore, R. L. Gordon, Gwyn, Harrison, Keesell, Lincoln, Lindsav, Lovell, Marshall, Mundy, Pedigo, Phillips, Ri Summers, Thorn, Waddill, and Yancey— 27. Mr. Gaenbtt announced that he was paired wii QuABLBS, who, if he were present, would vote no and h6 vote aye. Mr. Gordon, of Richmond, moved to amend in line striking out the words '*levy or distress" and subs! therefor the words "levy, distress or garnishment'* and w Digitized by Google JOUBKAL OF THE CONSTITUTIONAL CONVENTION. 441 e section the words '*or the laboring men's exemp- iDON, of Richmond, asked that the amendment be di- voted on separately, which was agreed to. e was then taken on the first branch of the amend- lereupon Mr. Gordon, of Richmond, withdrew the anch. RKS moved to amend by striking out the words in 13, 14, and 15 **but said capitation tax shall not be >n, nor collected by legal process from, the personal B^hich may be exempt from levy or distress under the or's law,'' and to insert in lieu thereof the words, General Assembly may provide by general law for 7 from the payment of such tax, all persons who, be- ihysical disability and indigency are unable to pay ' which was rejected. :scoTT moved to amend by inserting before the word line 7 the words '* within the counties and cities ?rived" and to insert after the word ''population" in the words '*of the respective school districts therein" s rejected- — ayes, 18 ; noes, 47. motion of Mr. Keezell, the vote was recorded as Bars. Chapman, Fairfax, Gilmore, Harrison, Claggett B. Jones, Kee- I, Marshall, R. Walton Moore, Mundy, 0*Flaherty, Parke, Stuart, 'escott, Willis, Withers, and Wysor — 18. ssrs. Allen, George K. Anderson, Ay era, Barbour, Manly H. Barnes, Barnes, Blair, Bouldin, Brooke, Brown, Cameron, Carter, Orismond, Bfeton, Epes, Flood, Garsett, James W. Gordon, R. L. Gordon, peyn, Hamilton, Hardy, Hooker. Ingram, G. W. Jones, Lincoln, dith, Miller, Moncure, Pedij?o, Phillips, Pollard, Portlock, Richmond, rtson, Stebbins, Summers, Tarry, Thom, TurnbuU, Waddill, Wood- ir. President— 47. 6 was then adopted. of Mr. Fairfax to reconsider the vote by which the is adopted, was decided in the affirmative, and Mr. then moved to pass the section by, which was agreed DERsoN, of Alleghany, moved to amend section 7 by after the word ** value" in line 7, the words ** without Strike out the words **tax so failed to be assessed I insert the words ''property shall" ; after assessed" nsert the words **for taxation" which amendments ed to. 7 was then adopted. tion of Mr. Fairfax to reconsider the vote by which a was adopted, was decided in the negative. >6 Digitized by Google 442 JOUBNAL OF THE CONSTITUTIONAL CONVENTION. Section 8 was then taken up, and pending its conside on motion of Mr. Fairfax the chair was vacated until 4 P.M. AFTERNOON SESSION. The Prbsidbnt resumed the chair at 4 o'clock P. M. Mr. Wbscott moved to strike out the words in line 2 : any time defined by law," and insert the following w the end of the section : **but the General Assembly ma time to time provide by law for surveys to define such i beds, rocks, or shells." — which was agreed to. Section 8, as amended, was then adopted. The motion of Mr. Fairfax to reconsider the vote by the section was adopted, was decided in the negative. Mr. Mbrbdith moved to amend section 9 by striking line 3 the word *'now," and insert after the word "law," in the words ''on January 1, 1902," and in line 14, by s out the word **now," and after the word *'by," in8< word ''said." — which was agreed to. Section 9, as amended, was then adopted. And the of Mr. Fairfax to reconsider the vote by which the was adopted, was decided in the negative. Mr. Gordon, of Louisa, moved to amend section 10 I ing at the end of the section "provided the Legislatui increase the amount of such franchise tax at any t the public welfare may require," which was rejected — a noes, 51. — and, on his motion, the vote was recorded as follows : Atsb— Messrs. Barboar, Davis, EgKleston. R. L. Gordon, Hancock, Marshall, Phillips, and Qoarles— 0. KoBB — Messrs. Allen, Thomas H. Barnes, Boaz» Brooke, Brown, Cart< man, Grismond, Epee, Fairfttx, Fletcher. Garnett, Gil more, Jam^ W. Green, Hamilton, Hardy, Harrison, Claggett B. Jones. G. W. Jones, Lindsay, Lovell,McIlwaine, Meredith filler, Moncure, K. Walton Moore Parks, Pollard, Portlock, Richmond, Kives, Robertson, Stebbina« titaar Thom, Thornton, TumbuU, Waddill, Walter, Weacott, Willis, Wither house, Wysor, Yancey, and Mr. President— 51. Section 10 as amended was then adopted. On motion of Mr. Fairfax to reconsider the vote by the section was adopted, was decided in the negative. Section 11 was then adopted. I Digitized by VjOOQIC JOURNAL OF THE CONSTITUTIONAL CONVENTION, 443 )tion of Mr. Fairfax to reconsider the vote by which n was adopted was decided in the negative. SREDiTH moved to amend section 12 by striking out in I word ''existing" and inserting after the word **law" i ''in force on January 1, 1902," and by striking out > the word **existing", which was agreed to. I 12 as amended was then adopted. )tion of Mr. Fairfax to reconsider the vote by which n was adopted, was decided in the negative, . 13 was then adopted. don of Mr. Fairfax to reconsider the vote by which n was adopted, it was decided in the negative. SREDITH moved to amend section 14 by adding at end the following : ''provided, that if the said system any reason, become inoperative, the General Assem- have power to adopt some other system." was agreed to. tRDON, of Louisa, moved to amend by striking out the 1910" and inserting in lieu thereof the figures ''1908." L 14 as amended was then adopted. )tion of Mr, Fairfax to reconsider the vote by which n was adopted was decided in the negative. 5REDITH moved to amend section 15 by striking out "now" in line 4 and inserting after the word "taxed" the words "by law in force January 1, 1902", which 3d to. . 15 as amended was then adopted, •ion of Mr. Fairfax to reconsider the vote by which n was adopted, it was decided in the negative. 16 was then taken up. CREDITH moved to amend sub-section e by striking out the words "real and personal property" and insert- u thereof the words "real estate" and by inserting word "by" in line 44 the words "and personal prop- iging to" and also in line 46 by inserting after the ^lums" the word "reformatories," which amendments sed to. RNBULh moved to amend by adding at the end of sub- the following : le exemption mentioned in this sub-section shall not any industrial school, individual or corporate, not rty of this State, that contracts for work of any kind, (S work shops, printing establishments, or factories of that do work for compensation, or manufacture articles 1 competition with like work shops or factories in the by in which such school is located." AZ moved to amend the amendment by adding to the Digitized by GoogI 444 JOUBNAL Of THB OOKSTITUTIONAL OONYBNTIOa'. end the following : ''unless the work so done, or the ai manufactured shall be done or manufactured by stud such institutions . " To which Mr. Mbredith offered the following amend] the nature of a substitute, and which was accepted by TuRNBULL and Boaz in lieu of theirs. *' But the exemption mentioned in this sub-section s] apply to any industrial school, individual or corporate, property of this State, which does work for compensa manufactures and sells articles in the community in whi school is located." — which was agreed to. Mr. Gordon, of Richmond, proposed the following: Amend section 16, in line 70, by inserting after th ''person" the words "except those fraternal secret ordei ing at the time this Constitution goes into effect, whose property and assets are dedicated to, and used exclusiv charitable and benevolent purposes." — which was rejected. Mr. Gordon, of Richmond, proposed the following : Amend section 16 by striking out all the words bej with the word "then," in line 73, to the end of the i and by inserting, in place of the language stricken < following words : ' 'then so much of such building and is leased, or produces revenue or profit, shall be liable tion as other land and buildings in the same county, town." — which was rejected. Mr. Brooks moved to amend at end of line 75 by add following : "except that nothing herein contained shall strued as authorizing or requiring any county, city, or tax for county, city, or town purposes, in violation of th of the lessees thereof existing under any lawful contra^ tofore made, any real estate owned by such county, < town and heretofore leased by it." Pending the consideration of which, the Convention, tion of Mr. Grebn, adjourned. THURSDAY, MARCH 6, 1902. The Convention assembled at 10 o'clock A. M. Pr Rev. H. A. Bagby, of the Baptist church. The roll of the Convention was cieJled, and the fo members were present and answered to their names : 1 Digitized by Google JOtJEKAIi OF TKfi COKSTITOTIOKAL OOITVEKTIOK. 445 lien, Geow K. AnderBon, W. A. Andereon, Ayers, Barham, Manly Phomas H. Bamea, Boaz, Bolen, Bouldin, Brietow, Brooke, Brown, . J, Campbell, Carter, Chapman, Cobb, Crismond, Davis, Earman, ilpes, Fairfax, Fletcher, Flood, Garnett, Gilroore, Gllle*?pie, James W. L. Gordon, Green, Grejjory, Gwyn, Hancock, Hardy, Harrison, Hat- , Hun ton, Ingram, ClaRgett B. Jones, G. W. Jones, Keezell, Kendall, ideay, Loveil, Marshall, Mcllwaine, Meredith, Miller, Moncure, R. ore, Mundy, O'Flaherty, Parks, Pedieo, Pettit, Phillips, Pollard, larles, Richmond, Rives, Robertson, Stebbins, Stuart, Summers, Tarry, mton, Tumbull, Waddill, Walker, Wescott, Willis, Withers, Wood- >r, Yancey, and Mr. President — 83. irnals of yesterday's proceedings were read and ap- >f absence was granted the following members : ikLTER, one day, to-day, on motion of Mr. Davis. RBOUR, one day, to-day, on motion of Mr. Gordon, of Flaherty proposed the following amendment to the a motion to rescind has been carried, the Convention e the same control of the matter under consideration ction had been taken." was ordered to lie on the table for two days and be rther consideration of the report of the Committee on and Finance was taken up. rooke's amendment to section 16, in line 75, of the the Committee on Taxation and Finance, being the d business, was taken up, and the amendment was -ayes, 50 ; noes, 2, I motion of Mr. Thom, the vote was recorded as fol- )mTB. Allen, George K. Anderson, W. A. Anderson, Barham, Manly Bouldin, Bristow, Brooke, Brown, Cameron, Carter, Crismond, Epes, rnett, Gilmore, James W. Gordon. Green, Gregory, Hancock, Hardy, jram, G. W. Jones, Kendall, Lincoln, Marshall, Mcllwaine, Meredith, icure, R. Walton Moore, Mundy, O'Flaherty, Pedigo, Phillips, ;hmond. Rives, Robertson, Stebbins, Summers, Tarry, Tbom, Thorn- l1), Waddill, Willis, Yancey, and Mr. President— 60. issra. R. L. Gordon, and.Weecott — 2. JRFAX moved to amend section 16, in line 7, after the irpose,'^ by inserting the following: *' all obligations the State and exempted by law ; obligations issued es, cities, or towns may be exempted by the authori- Lch localities from local taxation." was agreed to. >RD0N, of Louisa, moved to amend, after the word in line 3, by adding the words, *'But the General As- Digitized by Google 446 JOtmKAL OF THB OONSTrTTJTIONAL OONVEKTION. sembly may hereafter tax any other property hereby e: except that mentioned in sub-section 'a.' '' —which was agreed to. Mr. Parks moved to insert, after the word ''antiquii line 56, sub-section (g) , the words, "the Confederate &! Literary Society." — which was agreed to. Section 16 was then adopted as amended, and on the of Mr. Fairfax to reconsider the vote by which it was i was decided in the negative. Section 17 was then adopted. Motion of Mr. Fairfax to reconsider the vote by wl section was adopted, was decided in the negative. Mr. Brown moved to amend section 18 in line 10 bj ing after the word ''improvement*' the words **excep roads," which was agreed to^ayes, 42 ; noes, 29. — and on his motion the vote was recorded as follows : Atb9— Mesen. George K. Anderson, W. A. Andereon, Barbam, Briatow, Brooke, Brown, Epes, Fairfax, Fletcher. James W. Gordon, don, Green, Hooker, Inftram, Claggetl B. Jonee, G. W. Jones, Lincoli LoveH, Marshall, Meredith. Miller, Moncure, R. Walton Moore, Mur Phillips, Pollard, Qaarles, Richmond, Rives, Robertson, Stebbins, St mers, Thorn, Waddill, Walker, Wilhs, Yancey, and Mr. President— 41; Nobs— Messrs. Allen, Manly H. Barnes, Thomas H. Barnes, Boaz, Can Camptell, Garter, Cobb, Crismond, Earman, Garnett, Gilmore, Greg< Hancock, Hardy, Harrison, Kendall, Mcllwaine, 0*Flaherty, Ped: Tarry, Thornton, Tamboll, Wescott, Withers, Woodbouse, and Wysoi Mr. Gordon, of Louisa, proposed to amend the se< adding "at end of section the following words : '*provid this section shall not prevent the perfecting of a sub; by a city or county to the capital stock of a railroad ( heretofore authorized by existing charters conditioned affirmative vote of the voters and freeholders of sue county in favor of such subscription : provided furtl such vote be had prior to July 1, 1903," — which was agreed to. Mr. Stuart proposed the following amendment, by to the end of the section the following: *'nor shall tl of supervisors of any county create any bonded inde on said county or borrow money on the credit of the except under authority first obtained therefor by the rent vote of a majority of the qualified voters of the which majority shall include a majority of the fre voting in the election.'' Pending the further consideration of section 18, it motion of Mr. Fairfax, passed by. . Sections 19, 20, and 21 were then adopted. Digitized by VjOOQIC JOUBKAL Of THl OOKBTITUTIOKAL OOKVBKTIOK'. 447 18 severally made to reconsider the votes by which tions were adopted, were decided in the negative. 1 22 was then adopted. lOM moved to reconsider the vote by which section 22 ►ted, which was rejected — ayes, 38 ; noes, 38. tion of Mr. Gordon, of Louisa, the vote was recorded s : Bsars. Allen, W. A. Anderson, Ayers, Manly H. Barnes, ThomM H. »aldin, Bristow, Brooke, Cameron, C. J. Campbell, Carter, Cobb^ Dftvie, Earman, James W. Gordon, R. L. Gordon, Gregory, Harrison, j^^tt B. Jones, Kendall, Lincoln, Lindsay, O'Flaherty, Parks, tit, Phillips. Portlock, Rives, Robertson, Stebbins, Summers, Tarry, abull, and Waddill— 38. isars. George K. Anderson, Barbam, Boaz, Brown, Epes, Fair&x, iood, Garnett, Gil more, Gillespie, Green, Gwyn, Hancock, Hardy, ►oker, G. W. Jones, Lovell, Marshall, Mcllwaine, Meredith, Miller, :. Walton Moore, Mundy, Pollard, Quarles, Richmond, Stuart, Thom- tt, Willis, Withers, Woodhouse, Wysor, Yancey, and Mr. Presi- 1 22 was then adopted. otion of Mr. Fairfax to reconsider the vote by which )n was adopted, was decided in the negative. CORE, of Fairfax, from the Committee on the Legisla- artment, presented a report, which was ordered to lie ,ble and be printed. ADDiLL asked unanimous consent to insert, in line 16, 2, after the word ''other," the word "State/' which ed to. NDSAY moved that the vote be retaken on the motion ider the vote by which the Convention adopted section h was agreed to. >te was then retaken and decided in the affirmative — ; noes, 32. essrs. W. A. Anderson, Ayers, Manly H. Barnes, Thomas H. Barnes, Srietow, Brooke, Brown, Cameron, C. J. Campbell, Carter, Cobb, d, Garnett, James W. Gordon, R. L. Gordon, Gregory, Hooker, Han- Q, Clafiff^ett B. Jones, Kendall, Lincoln, Moncure, Mundy, O'Flaherty, igo, Pettit, Portlock, Rives, Robertson, Stebbins, Stuart, Summers, m, Tumbull, and Waddill— 40. essrs. George K. Anderson, Barham, Earman, Epes, Fairfax, Fletcher, lUespip, Green, Gwyn, Hancock, Hardy, Hatton, G. W. Jones, Lind- , Marshall, Mcllwaine, Meredith, Miller, R. Walt^^n Moore, Phillips, larles, Richmond, Thornton, Wescott, Willis, Withers, Woodhouse, I Mr. President— 32. RisMOND announced that he was paired with Mr. Boaz, re he present, would vote no and he would vote aye. HOM moved to amend as follows : nserting the word "original" before "public*' in line / Digitized by Google 448 JOUfiKAL Of THS OOKSTITUTION'AL OOKVBHTION'. 3, and after the word "Virginia" in same line, the wo isting at the time of Virginia's dismemberment," an out in line 4 the words ''Virginia and," and before t * 'public" in line 6, insert "West Virginia's proportio] original," and add after the word "State" in line 6 tl "of Virginia, but nothing herein contained shall in j affect the settlement already made by Virginia with h( tors." Mr. Anderson, of Rockbridge, proposed the I amendment to the rules : 9a. When any article, section, or clause, which 1 adopted by the Convention, has been rescinded, a amended proposition relating to the same subject may sidered and adopted by the Convention, in place of th section, or article so rescinded, and the new or amende< section, or article so adopted shall thereupon be refern Committee on Final Revision, etc., to be incorporated i propriate place in the Constitution. — which was ordered to lie on the table and be printed On motion of Mr. Moorb, of Fairfax, the chair was until 4 o'clock P. M. AFTERNOON SESSION. The President resumed the chair at 4 o'clock P. M. The pending question being the amendment proposei Thom to section 22. Mr. Fairfax, from the committee, made the follow port : To the Convention : The Committee on Taxation and Finance recommei section 22, of the article as heretofore proposed, be Such omission will not deprive the General Assemb] power to give ample protection to the State as well ac viduals whose rights may be involved, and will in no pair any moral or legal obligation that may exist, —which was agreed to. Mr. Stuart proposed the following as an independ separate section : '•No interest-bearing debt of, or binding any county created without the approval of a majority of the < voters thereof, which majority shall include a majorit; the freeholders voting at the election, and the General bly shall enact such laws as may be necessary to give the provision." Digitized by Google JOUBNAL OF THB OOKSTITXrTIONAI/ COKVENTIOK. 449 consideration of this was, on motion of Mr. Ander- >ckbridge, passed by. ion of Mr. Fairfax section 1 was adopted, and on his reconsider the vote by which the section was adopted, ed in the negative. tfERON moved to amend section 2 by striking out the line 4, after the word *']aw'' and insert the words : rate of taxation on the values so ascertained shall be uniform, within the territorial limits of the authority le tax." iras rejected — ayes, 15 ; noes, 47. motion of Mr. Robertson the vote was recorded as ere. Allen, W. A. Anderson, Tbomaa H. Barnee, Brietow, Cameron, lan, Jamea W. Gordon, Hun ton, Pedigo, Phillipe, Portlock, Stebbins, Vyeor— 15. isrs. Barham, Bouldin, Brown, Davis, Ejrgleston, Epes, Fairfax, rnett, Gilmore, Gillespie, R. L. Gordon, Green, Gwyn, Hancock, ieon. Hooker, Ingram, Clap(?ett B. Jones, G. W. Jones, Keezell, idsay, Lovell, Marshall, Mcllwaine, Meredith, Miller. Moncure, R. re, Mundy, Parka, Pettit, Pollard, Quarlea, Richmond, Rives, Stuart, arry, Thornton, TurnbuU, Willia, Withers, Yancey, and Mr. Preai- owing pairs were announced : .TSON with Mr. Orr. TTON with Mr. Wkscott. BKBTSON with Mr. Ayers. t named in each instance would have voted in the e. 2 was then adopted. to reconsider the vote by which the section was vas decided in the negative. anoN, of Louisa, proposed the following as an inde- 3Ction : eneral Assembly may confer upon the proper county s of any county the right to levy and collect a special iition to the ad valorem tax upon all vehicles used on ids having tires less in width than the standard width hich may be prescribed by such county authorities, or ras rejected. .DDiLL proposed the following as a substitute for the int and separate section proposed by Mr. Stuart : eneral Assembly shall not, by general or special laws, boards of supervisors to create any interest-bearing LUg any county, except for the purchase of a county Ltes for county buildings, or for the reconstruction, .7 Digitized by Google 460 JOURNAL OF THB OOKSTITUTIONAL OONYBNTIOK. enlargement, or repair of such buildings, or for expei curred in times of epidemic or of want, unless by a v( majority of the qualified voters of such county, whic include a majority of the resident free-holders of said entitled to vote, and who shall vote in said election." — whereupon Mr. Stuart withdrew his proposed sectioi The question then recurring on the section proposed Waddill, it was rejected. The following independent section. No. 24, as prop< by Mr. Withers, was taken up. Sec. 24. On all tracts of land and lots, and the impro't thereon, and all personal property, choses in action, r credit and capital, not exempt from taxation by the pr< of this article, there shall be a tax of twenty cents oi hundred dollars of the assessed value thereof, the proc which shall be applied to the support of the goverment further tax of ten cents on every hundred dollars of the i •value thereof, which shall be applied to the support of tb free schools of the State : provided, that after the 1st daj uary, 1907, the tax rate upon such real and personal pi choses in action, moneys, credit, and capital, for the su] the government and for public free school purposes, s such as may be prescribed by law. — and on his motion it was amended as follows : in after the word ''all" insert the word ''tangible*' ; in sai after the word "property" strike out the wo/ds **choses tion, moneys, credit, and capital" ; in line 10 strike < figures ''1907," and insert "190-" ; in line 11, after th "and," insert the word "tangible" ; in same line af word "property," strike out the words "choses in moneys, credit and capital." Pending the further consideration of this section, tl vention, on motion of Mr. Turnbull, adjourned. FRIDAY, MARCH 7, 1902. The Convention assembled at 10 o'clock A. M. Pra Rev. J. B. Hawthorne, D. D., of the Baptist church. The roll of the Convention was called and the foUowin bers were present and answered to their names : MesBn. Allen, George K. Anderson, W. A. Anderson, Ayers, Barb hfim, Manly H. Barnes, Thomas H. Barnes, Blair, Bolen, Bonldin, Bristow, C. J. Campbell, P. W. Campbell, Carter, Cobb, Crismond, Davi ton, Epes, Fairfox, Fletcher, Flood, Gamett, Gilmore, Gillespie, J Digitized by Google OURNAL OF THB CONSTITUTIONAL CONVENTION. 451 L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, itton, Hooker, Hunton, Ingram. Claggett B. Jones, Keezell, Kendall, coin, Lindsay. Lovell, Marshall, Mcllwaine, Meredith, Miller, Mon- Iton Moore, Mundy, O' Flaherty, Parks, Pedigo. Pettit, Phillips, Jock, Quarles, Richmond, Rives, Robertson, Stebbins, Stuart. 8um Thorn, Thornton, Turnbull, Waddill, Walter, Westcott, Willis, odhouse, Wysor, Yancey, and Mr. President— 6;>. rnals of yesterday's proceedings were read and ap- f absence was granted the following members : BARD, indefinite leave, on motion of Mr. Moore, of APMAN, two days, on motion of Mr. O'Fi.ahkrty. [ORNTON, one day, to-morrow^ on motion of Mr. ,M0RE, two days from to-morrow, on motion of Mr. r, of Rockbridge. RMAN, five days, on motion of Mr. Summkrs. tES, of Pittsylvania, four days, on motion of Mr. Mil- 30KK, two days, on motion of Mr. Thom. RDY, four days, on motion of Mr. Turnbull. tfMERS presented ordinance No. 292, relating to the ff-hich wms ordered to lie on the table and be printed, ther consideration of the report of the Committee on and Finance was taken up. ident section 24 was adopted — ayes, 41 ; noes, 32. motion of Mr. Hooker, the vote was recorded as fol- jsre. Ayers, Barbour, Barham, Manly H, Barnes, Boaz, Braxton, P. 1. Davis, Epes, Flood, Gil more, Gillespie, James VV. Gordon, R. L. jgory, Gwyn, Hardy, Hooker, Keezell, Laweon, Lindsay, Lovell, iler, Moncure, Mundv, Parks, Pettit, Phillips, Pollard, Rives, Stuart, ^rry, Thornton, Turnbu)!, Walttr, Withers, Woodhouse, Yancey, and It— 41. jsrs. Allen. W. A. Anderson, Thomas H. Barnes, Blair, Bouldin, iwn, C. J. Campbe'l,''Carter, Orismond, Fairfax, Fletcher, Hamilton, arrison, Hatton, Hunton, Ingram, Claggett B. Jones, Mcllwaine, Flaherty, Pedigo, Quarles, Richmond, Robertson, Stebbins, Thom, «cott, Willis, and Wyeor— 32. lowing pairs were announced : RNETT with Mr. Brooke. een with Mr. Cameron. \ss with Mr. Moore, of Fairfax. s'ES, of Pittsylvania, with Mr. Kendall. DKRSON, of Alleghany, with Mr. Pohti.ock. ^t named in each instance would have voted in the e. Digitized by Gooi 452 JOUBHAL OF THX OONBTITUTIOKAL OOKVSNTIOK. Mr. Marshall moved to reconsider the yote b^ the section was adopted, which was decided in the ne On motion of Mr. Fairfax, the report as amen< adopted, ordered to be printed and referred to the Oo on Final Revision and Adjustment of the various Prov the Constitution, and upon the Schedule. On motion of Mr. Turnbull, the Convention adjouri SATURDAY, MARCH 8, 1902. The Convention assembled at 10 o'clock A. M. Pi • Rev. C. S. Gardner, of the Baptist church. The roll of the Convention was called and the f< members were present and answered to their names : Meflsn. Allen, Greorge E. Anderson, W. A. Anderson, Ayera, Barham, Manly H. Barnes, Boaldin, Braxton, Brown JP. W. Gampbe Oobb, Criamond, Eggleston, Epes, Flood, Glass, James W. Gk>rdon, R. ] Green, Gregory, Gwyn. Hancock, Hatton, Hooker, Hanton, Ingrain Lawson, Lincoln, Lindsay, Lovell, Marshall, Mcllwaine, Miller, M< Walton Moore, O'Flaherty, Parks, Pedigo, Pettit, Phillips, Pollard, Qaarles, Richmond, Rives, Robertson, Stebbins, Stuart, Tarry, Thorn, Walter, Withers, Wysor, Yancey, and Mr. PreBidentr-{>9. The journal of yesterday's proceedings was read proved. Leave of absence was granted the following members Mr. Gillespie, one day, to-day, on motion of Mr. Tu Mr. Keezell, two days, beginning to-day^ on motioi Lovell. Mr. MuNDY, four days, beginning Monday, on motio: Green. Mr. Wysor, four days, beginning Monday, on motio: Ingram. Mr. Thomas H. Barnes, two days, beginning to-day tion of Mr. Wysor. Mr. WooDHousE, two days, beginning Monday, on m Mr. Rives. Mr. Cameron, one day, to-day, on motion of Mr. Ho Mr. Bristow, two days, on motion of Mr. Crismond Mr. Fletcher, one day, to-day, on motion of Mr. M Fairfax. Mr. Jones, of King and Queen, one day, Monday, or i of Mr. MooRB, of Fairfax. I Mr. Wescott, one day, to-day, on motion of Mr. M Fairfax. 1 Digitized by Google JOTTRNAL OF THB OONSTITtTTIONAL CONTENTION. 453 aNETT, three days, on motion of Mr. Braxton. [)KRSON, of Alleghany, three days, on motion of Mr. >f Louisa. RRisoN, two days, on motion of Mr. O'Flaherty. PERSON, of Rockbridge, Chairman of the Committee levision, etc., moved that the President of the Con- lall appoint two additional members upon the Com- Final Revision, etc., which was agreed, to, where- pREsiDENT appointed Messrs. Braxton and Bouldin. )M moved that when the Convention adjourn to-day, to meet at 12 o'clock M. on Monday, which was on of Mr. Thom the Convention adjourned. MONDAY, MARCH 10, 1902. ivention assembled at 10 o'clock A. M. Prayer by EliCHARD McIlwaine, of the Presbyterian church. I of the Convention was called, and the following w^ere present and answered to iheiv names : en, TV. A, Anderson, Barbour, Manly H. Barnes, Blair, Boaz, Bolen, xton, Brooke, Cameron, P. W. Campbell, Carter, Cobb, Daniel, iTf Flood, Glass, B, T. Gordon, James W. Gordon, R. L. Gordon, TV, Gwyn, Hancock, Hooker, Hunton, Ingram, Lawaon, Lincoln, ell, Marshall, Mcllwaine, Meredith, Miller, Moncure, O'Flaherty, Pollard, Portlock, Qaarles, Richmond, Rives, Robertson, Stebbina, \ Thom. Turnbull, Vincent. Waddill, Walker, Watson, Wescott, 5rs, Wysor, Yancey, and Mr. Presidentr- 62. rnal of Saturday's proceedings was read and ap- f absence was granted the following members : fMERS, six days, on motion of Mr. Richmond. SRS, six days, on motion of Mr. Richmond. coLN, one week from Wednesday, on motion of Mr. IRFAX, two days from last Saturday, on motion of DITH. 3ERSON, of Rockbridge, one day, to-morrow, on mo- '. Hunton. LXTON presented resolution No. 293, relative to the tnt of women as notaries public, which was referred amittee on Elective Franchise and Qualification for .on of Mr, Thom the Convention adjourned. Digitized by Google 454 JOURNAL OP THE CONSTITUTIONAL CONVBNTIOH. TUESDAY, MARCH 11, 1902. The Convention assembled at 10 o'clock A. M. I Rev. H. P. Atkins, of the Christian church. The roll of the Convention was called, and the members were present and answered to their names : Messrs. Allen, W. A. Anderson, Barbour, Barbara, Manly H. Bam H. Barnes, Boaz, Bouldin, Braxton, Brooke, Brown, Cameron, P. W, Cobb, Crismond, Daniel, Eggleston, Epes, Fletcher, Flood, Gametl Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Greg< Hamilton, Hancock, Hardy, Hatton, Hooker, Haivton, Infrram, Cla^fr Kendall, Lawfion, Lindsav. Lovell, Marshall, Mcllwaine, Meredith, I care, R. Walton Moore, 6' Flaherty, Orr, Parks, Pettit, Pollard, Portlo Richmond, Rives, Robertson, Stebbins, Stuart, Tarry, Thom, Thomtoi Vincent. Waddill, Walker, Watson, Wescott, Willis, Wise. With house, Wysor, Yancey, and Mr. President— 71. The journal of yesterday's proceedings was read proved. Mr. Anderson, of Rockbridge, presented ordinance relative to the appointment of a commission to revise ute laws of the Commonwealth, which, on his motion ferred to the Committee on Final Revision, etc. — 3 noes, 20. On motion of Mr. Flood, the Convention adjournec WEDNESDAY, MARCH 12, 1902. The Convention assembled at 10 o'clock A. M. F Rev. H. H. Moore, of the Christian church. The roll of the Convention was called and the follow bers were present and answered to their names : Messrs. Allen, Geort^e K. Anderson, W. A. Anderson, Barbour, Bar! U. Barnes, Thomas H. Barnes, Boaz. Bolen, Bouldin, Braxton, Brist Cameron, C. J. Campbell, Chapman, Cobb, Crismond, Daniel, Dnna ston, Epes, Fairfax, Fletcher, Flood, Garnett, Glass, B. T. Gordon, Gordon, R. L. Gordon, Green, -Grej^ory, Gwyn, Hamilton, Hancock Hatton, Hooker, Hunton, Ingram, Olacj^ett B. Jones, G. W. Jonc's, K( dall, Lawson, Lindsay, Lovell, Marshall, Mcllwaine, Meredith, Mille R. Walton Moore, O'Flaherty, Orr, Parks, Pettit, Pollard, Portloc Richmond, Rives, Robertson, Stebbins, Tarry, Thom, Thornton Walker, Walter, Watson, Wescott, Willis, Wise, Withers, Woodhoc Yancey, and Mr. President — 79. The journal of yesterday's proceedings was read proved. Digitized by Google JODKNAL OF THE CONSTITUTIONAL CONVENTION. 455 MKRON, from the Committee on the Executive Depart- sented reports which were ordered to lie on the table inted. ion of Mr. Flood, the Convention adjourned. THURSDAY, MARCH 13, 1902. nvention assembled at 10 o'clock A. M. Prayer by .. Cave, of the Christian church. 11 of the Convention was called and the following were present and answered to their names : lien, George K. Anderson, W. A. AnderRon, Barbour, fiarbam, Barnes, Boaz, Bolen, Bouldin, Braxton, Bristow, Brooke, Brown. . J. Campbell, Carter, Chapman, Cobb, Daniel, Dunaway, Eggle- Fairfax, Fletcher, Flood, Garnet t, Glass, B. T. Gordon, Jamtfs R. L. Gordon, Green, Gregory, Gwyn, Hamilton, Hancock, ison, Hatton, Hooker, Hunton, Ingram, Claggett B, Jones, G. W. sll, Kendall, Lawson. Lindsav, Lovell, .Marsiiall, Mcllwaine, Mere- Moncure, R. Walton Moore, O'Flaherty. Orr, Parks, Pettit, Pollard, larles, Richmond, Rives, Robertson, Stebbins, Stuart. Tarry, Thorn, urnbull, Vincent, Wand, Daniel, Dunaway, Eggleston, Epes, Fairfax. Fletcher, Flood, more, Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Digitized by God 456 JOUBNAL OF TKB OONSTITUTIONAL OONYBNTIOlf . Gregory, Qwjn, Hamilton, Haaoock, Hardy, Hanriaon, Hatton, Hoc^e Btebbins, Stuart, Tarry, Thorn, Thornton. Vincent, Waddill, Walkei Wesoott, Willis, Wise, Withers, and Mr. Preeident~81. The journal of yesterday's proceedings was read proved. The following leaves of absence were granted : Mr. Grbbn, two days, on motion of Mr. Withbrs. Mr. Cambbon, two days, on motion of Mr. Brookb. Mr. Yancby, four days from Monday, on motion LOVBLL. Mr. RivBS, two days from Monday, on motion HOOKBR, Mr. PoRTLOCK, three days from Monday, on motion Hatton. Mr. PoiXARD, one day, to-day, on motion of Mr. Goi Richmond. On motion of Mr. Gordon, of Richmond, the Coi adjourned. SATURDAY, MARCH 15, 1902. The Convention assembled at 10 o'clock A. M. Pr Rev. C. P. Williamson, of the Christian church. The roll of the Convention was called and the followii bers were present and answered to their names : Messrs. Allen, George E. Anderson, W. A. Anderson, Barboar, Barh H. Barnes, Thomas H. Barnes, Boaz, Bolen, Boaldin, Braxton, Brook P. W. Campbell, Garter, Ghapman, Orismond, Daniel, Danaway, Eftgiei Fairfax, Flood, Gamett, Gilmore, Glass, B. T. Gordon, James W. Gore Gordon, Gregory, Gwyn, Haipilton, Hancock, Hardy, Harrison, Hatto Hanton, Ingram, Claggett B. Jones, G. W. Jones, Eeezell, Kendall Lindsay, Lovel), Marshall, Mcllwaine, Meredith, Miller, Moncnre, 1 Moore, O'Flaherty, Orr, Parks, Pettit, Pollard, Portlock, Richmon Robertson, Stebbins, Tarry. Thom, Thornton, Waddill, Walker, Walte Wesoott, Willis, Wise, Withers, and Mr. President^74. The journal of yesterday's proceedings was read proved. Mr. Barbour moved that when the Convention adJ4 day, it adjourn to meet at 12 o'clock on Monday, wh agreed to. Leave of absence was granted the following memben Mr. Withers, four days, on motion of Mr. Hatton. Digitized by Google JOUBNAL OF THB CONSTITtTTIONAL OONVENTIOIT. 457 tfPBELL, of Amherst, one week, on motion of Mr. )f Nelson. ion of Mr. Robertson, the Convention adjouraed. MONDAY, MARCH 17, 1902. ivention assembled at 12 o'clock M. Prayer by Rev. DuNAWAY, of the Baptist church. [ of the Convention was called and the following mem- present and answered to their names : en, George K. Anderson, W. A, Anderson, Barbour, Thomas H, , Bolen, Bouldin, Braxton, Brooke, Brown, P. W. Campbell, Carter, >bb, Daniel, Dunaway, Earman, Eggleston, Fairfax, Fletcher, Flood, Qore, Gillespie, Glass, B. T, Gordon, James W. Gordon, R. L. Gordon, yn, Hancock, Hardy, Harrison, Hooker, Hunton, Ingram, Clapgett W- Jones, Keezell, Kendall. Lawson, Lindsay, Lovell, Marshall, rieredith, Miller, R. Walton Moore, O'Flaherty, Orr, Parks, Pettit, ard, Qaarles, Richmond, Robertson, Stuart, Tarry, Thorn, Thornton, tddill, Walker, Walter, Watson, Wescott, Willis, and Mr. Presi- rnal of Saturday's proceedings was read and ap- iHAM was granted two days leave of absence, on mo- . Barnes, of Nansemond. DERSON, of Rockbridge, from the Committee on Final etc., reported an ordinance relative to the creation, neral Assembly, of a legislative commission, and mmediate consideration, which was agreed to. On r motion the ordinance was adopted. on of Mr. Robertson, the Convention adjourned. TUESDAY, MARCH 18, 1902. ivention assembled at 10 o'clock A. M. Prayer by li. R. Mason of the Episcopal church. [ of the Convention was called and the following vere present and answered to their names : en, George K. Anderson, W. A. Anderson, Ay ere, Barbour, Manly homas H. Barnes, Boaz, Bolen, Bouldin, Braxton, Bristow, Brooke, . Campbell, Carter, Chapman, Cobb, Crismond, Daniel, Dunaway, [leston, Fair&x, Fletcher, Flood, Gamett, Gilmore, Glass, B, T. 8 Digitized by Goos 458 JOURNAL OF THB CONSTITUTIONAL CONVENTION Gordon, JamaiW. Gordon, R. L. Grordon, Green, Grej^ory, G^ Hardy, Harrison, Hooker, Hanton, Ingrain, Clapgett B. Jonee, Keezell, Kendall, Lawson, Lindsay, Ix>vel], Marehall, Mcllwa Miller, Moncure, R. Walton Moore, O* Flaherty, Orr, Parks, ] Qnarles, Richmond, Rives, Robertson, Stuart, Tarry, Thom, Thor Walker, Walter, Watson, Wescott, Willis, Wiee, Wood house, \\ President— 77. The journal of yesterday's proceedings was re proved. Mr. Stebbins was granted two days leave of ab yesterday, on motion of Mr. Bouldin. Mr. Mundy was granted five days leave of absenc terday, on motion of Mr. Green. Mr. Allen presented an invitation to the meiu Convention from the Chamber of Commerce to atte Roads Convention on the 20th and 21st. Mr. Gar: that the thanks of the Convention be conveyed to tl of Commerce in acknowledgment of the invitation, agreed to. On motion of Mr. Barnes, of Nansemond, the adjourned. WEDNESDAY, MARCH 19, 1902. ..-.! The Convention assembled at 10 o'clock A. M. Rev. Dr. L. R. Mason, of the Episcopal church. The roll of the Convention was called and th members were present and answered to their nam« Messrs. Allen, Georfte K. Anderson, W. A. Anderson, Ayers, '. H. Barnes, Thomas H. Barnes, Boaz, Bolen, Bouldin, Braxton, B Brown, Carter, (chapman, CJobb, Crismond, Daniel, Dunaway, ston, £pes, Fairfax, Fletcher, Flood, Garnett, Gil more, Gillespi* Gordon, James W Gordon, R. L. Gordon. Green, Gregory, Gw Hancock, Hardy. Harrison, Hooker, Hunton, Ingram, Claggett t Jones, Keezell, Kendall, Lawson, Lindsay, Ixivell, Marshall, Mc dith. Miller, Moncure, R. Walton Moore, CFIalierty, Orr, Parks, Qnarles, Richmond, Rives, Robertson, Stebbins, Stuart, Tarrv, cent, Waddill, Walker, Watson, Wescott, Willis, Wiee, Woodhou Mr. President— 79. The jou'-nal of yesterday's proceedings was r proved. Mr. HuBARD was granted indefinite leave of abs( tion of Mr. Flood. Mr. Phillips was granted four days leave of ahn tion of Mr. Earman. On motion of Mr, Ayebs, the Convention adjoui JJM^ Digitized by Google^ OURNAL OF THE CONSTITUTIONAL CONVKNTION. 459 THURSDAY, MARCH 20, 1902. ivention assembled at 10 o^clock A. M. Prayer by ohn Moncure, of the Episcopal church. of the Convention was called and the following vere present and answered to their names : len, George K. Andersou, W. A. Anderson, Ayers, Barbour, a,uly H. Barnes, Thomas H. Barnes, Boaz, Bolen, Bouldin, istdw. Brown, Carter, Chapman, Cobb, Daniel, Dunaway, Eg- s, Fletcher, Flood, Garnett, Gilmore, Gillespie, Glass, B. T. Lies W. Gordon, R. L. Ciordon, Green, Gregory, Gwyn, Hamil- k. Hardy, Harrison, Hooker, Hiinton, Ingram, Claggett B. . Jones, "Keezell, Kendall, Lawson, Lindsay, Lovell, Marshall, kleredith, Miller, Moncure, R. Walton Moore, O 'Flaherty, Orr, ^o, Pettit, Pollard, Quarles, Riclnuond, Rives, Robertson, Steb- , Tarry, Thorn, Thornton, Turnbull, Vincent, Waddill, Walker, , Woodhouse, Wysor, and Mr. President — 77. rnal of yesterday's proceedings was read and ap- 'TON was granted indefinite leave of absence, on ac- ckness, on motion of Mr. Willis. on of Mr. Anderson, of Rockbridge, the Convention FRIDAY, MARCH 21, 1902. vention assembled at 10 o'clock A. M. Prayer by Goodwin, of the Episcopal church. [ of the Convention was called and the following vere present and answered to their names : en, George K. Anderson, \V. A. Anderson, Ayers, Barbour, Bar- H. Barnes, Thomas H, Barnes, Boaz, BouUlin, Braxton, Bristow, n, P. W. Campbell, Carter, Chapman, Cobb, Daniel, Dunaway, Etr- , Fletcher, Flooresent and answ^ered to their names : :n, Georj^e K. Anderson, W. A. Anderson, Ay era, Barbour, Barham, larnes, Boaz, Bolen, Bouldin, Braxton, Bristow, Brooke. Brown, f. Campbell, P. W. Campbell, Carter, Chapmtn, Cobb, Crismond, Dunaway, Eggleston, Epes, Fairfax, Fletcher, Flood, Garnett, Gil- B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Gregory, ton, Hancock, Hardy, Hatton, Hooker, Ingram, Claggett B. Jones, [all, Lindsay, Lovell, Marshal), Mcllwaine, Meredith, Miller, Mon- 3n Moore, Mandy, O'Flaherty, Parks, Pedigo, Pettit, Phillips, Port- Richmond, Rives, Robertson, Stebbins, Stuart, Tarrv.Thom, Thorn- 1, Vincent, Waddill, Walker, Watson, W^escott, 'Wise, Withers, Vysor, and Mr. President — 82. rnal of yesterday's proceedings was read and ap- LKKR, from the Committee on Accounts and Expen- bhe Convention, made a report, the consideration of , on his motion, postponed until to-morrow, LAHERTY gave notice that he would on to-morrow call >lution, heretofore proposed by him, changing the : was granted one day's, to-day, leave of absence, on Mr. Richmond. LARD was granted one day's, to-day, leave of absence, of Mr. Dunaway, on of Mr. McIlwaink the Convention adjourned. Digitized by Goo! 464 JOUBNAL 09 THl OOirSTITUTIOKAL OOmrXNTIOir. SATURDAY, MARCH 29, 1902. The Convention assembled at 10 o'clock A. M. P: Rev. Dr. Jere Witherspoon, of the Presbyterian chure The roll of the Convention was called and the foUowi bers were present and answered to their names : Messrs. Allen, W. A. Anderson, Avers, Barbonr, Thomas H. Bar Boaz, Bolen, Bouldin, Brooke, Brown, P. W. CampbeU, Cart Davis, Dunaway, Eggleston, Epes, Flood, Garnett, Gilmore, GJ Gordon, James W. Gordon, R. L. Gordon, Gregory, Gwyn, Hardy, Harrison, Hooker, Ingram, Kendall, Lindsay, Lovell, Mcllwaine, Meredith, Miller, Moncure, Mundy, O^Flaherty, Parli Pettit, Phillips, Portlook, Quarles, Richmond, Rives, Robertsc Stuart, Tarry, Thornton, WaddiU, Walker, Wise, Withers, "^ Mr. President— 69. The journal of yesterday's proceedings was read proved. Mr. Pedigo moved that when the Convention adjour it adjourn to meet on Tuesday, at 12 o'clock M., in th( the House of Delegates. Mr. McIlwainb moved to amend by making it 12 oN Monday, in this hall, which was agreed to. The resolution, as amended, was then adopted. Mr. 0 'Flaherty then called up his resolution amen* rules. Mr. Lindsay moved to lay the resolution on the tabl was rejected — ayes, 16; noes, 35. Mr. O'Flaherty then called up the resolution, proj him, amending the rules as follows : ''After a motion to rescind has been carried, the Coi shall have the same control of the matter under consi as if no action had been taken." Mr. Lindsay moved to lay the resolution on the tabl was rejected — ayes, 16 ; noes, 35. On motion of Mr. Lindsay the vote was recorded as Ayes — Messrs. Barbour, Thomas H. Barnes, Blair, Bolen, J Gordon, R. L. Gordon, Hardy, Kendall, Lindsay, Marshall, Meredii Mundy, Richmond, Stuart, and Withers — 16. Noes— Messrs. Allen, W. A. Anderson, Avers, Bouldin, Brook< Carter, Cobb, Davis, Dunaway, Epes, Flood, Garnett, Gilmo Gordon, Gregory, Gwyn, Hancock, Hooker, Ingram, Lovell, lA Moncure, O'Flanerty, Parks, Pettit, Portlock, Robertson, Smit Waddill, Walker, Wise, Wysor, and Mr. President— 35. Mr. RivES announced that he was paired with Mr. Tu who, if he were present, would vote aye and he would Mr. Aysbs called the pending question. The pendii Digitized by Google JOUBKAL Oy THB OONSTITUTIONAL OONVBNTION. 465 ordered, the resolution was adopted — ayes, 33 ; noes, LAHEKTY moved to reconsider the vote by which the was adopted. OD called the pending question. The pending ques- ordered, it was rejected. SRS proposed the following resolution : ed, That debate upon every proposition to rescind imited to fifteen minutes for and fifteen minutes eh proposition. And upon every proposition to sub- er matter instead of that rescinded, debate shall be imited to fifteen minutes for and fifteen minutes :h proposition." LBouR moved that the resolution be divided, which 1 to. ^ was then taken on the first branch and it was stion then recurring on the second branch, the vote and it was adopted. ART moved to reconsider the vote by which the reso- adopted, which was decided in the negative. IR proposed the following resolution, which was or- e on the table and be printed : ! any action of the Convention can be rescinded, of the members present shall be recorded in the on of Mr. Robertson the Convention adjourned. MONDAY, MARCH 31, 1902. ivention assembled at 12 o'clock M. Prayer by Rev. NAWAY, D. D., of the Baptist church, of the Convention was called and the following mem- present and answered to their names : 30rge K. Anderson, W. A. Anderson, Ayers, Barbour, Manly H. )nia8 H. Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, Bristow, ^wn, Cameron, P. W. Campbell, Carter, Cobb, Daniel, Davis, Earman, Eggleston, Flood, Garnett, Gilmore, Glass, B. T. aes W. Gordon, R. L. Gordon, Gwyn, Hamilton, Hardy, Hunton, iggett B. Jones, Kendall, Lincoln, Lindsay, Lovell, Marshall, Miller, Moncure, R. Walton Moore, Mundy, Orr, Parks, Pedigo, lips. Pollard, Richmond, Robertson, Smith, Stuart, Summers, m, Turnbull, W^addUl, Walker, Willis, Wise, Withers, Wysor, jsident. — 58. Digitized by Google 466 JOUBNAL 07 THl 00K8TITUTI0KAL OOmrXNTIOir. The journal of Saturday's proceedings was read proved. Leave of absence was granted Mr. Allen for to-day, tion of Mr. Wise. Indefinite leave of absence was granted Mr. Orr, on of Mr. McIlwainb. Mr. Pollard was excused for his absence on Satur motion of Mr. (tordon, of Richmond. Mr. Gordon, of Richmond, moved that on and after day, April 3d, the Convention meet in the hall of the I Delegates, and that the Secretary be istructed to make essary arrangements, which was agreed to. The account of Frank M. Eastman for $860, reports the Committee on Accounts and Expenditures, was allo^ ordered to be paid. Mr. Daniel proposed a resolution relative to suflfraj moved its immediate consideration by the Convention. Mr. Blair proposed the following resolution : '* Resolved, That report of the Committee on Electiv chise and Qualification for Office be set for hearing on day, the 3d day of April, at 10 o'clock, at which time tl shall be taken up by the committee of the whole." — which was rejected — ayes, 17 ; noes, 40. On motion of Mr. Blair, the vote was recorded as fol Ayes — Messrs. Manly H. Barnes, Blair, Bolen, Bristow, Brown, < Earman, B. T. Gordon, James W. Gordon, Gwyn, Lincoln, '. Mundy, Pedigo, Phillips, Summers, and Tarry — 17. Nobs — Messrs. George K. Anderson, W. A. Anderson, Ayers, Thomas H. Barnes, Boaz, Bouldin, Carter, Cobb, Daniel, Dunawa Gamett, Gilmore, Glass, R. L. Gordon, Hamilton, Hardy, Hunton, Claggett B. Jones, Lindsay, Lovell, Mcllwaine, Miller, R. Waltoi Orr, Parks, Pollard, Richmond, Robertson, Stuart, Thorn, 1 Walker, Willis, Wise, Withers, Wysor, and Mr. President— 40. Mr. Daniel then withdrew his motion for the imi consideration of the resolution proposed by him. Mr. TuRNBULL moved to discharge the committee whole from further consideration of the report of the C tee on Elective Franchise, etc. Mr. Moore, of Fairfax, moved to amend the motion n Mr. TuRNBULL, by providing that upon the discharge committee of the whole from further consideration of tl tion of suflfrage, the Convention proceed to the immedis sideration of the resolution proposed by Mr. Daniel. Mr. TuRNBULL accepted the amendment proposed 1 Moore, whereupon Mr. Brown moved as a substitute ti Convention resolve itself into a committee of the whole consideration of the report of the Committee on Suffragi Digitized by Google JOIJBKAL OF THB CONSTITUTIONAL CONVENTION. 487 ARBOUR moved the pending question, which, being or- le substitute of Mr. Brown was rejected — ayes, 30; >tion of Mr. Blair the vote was recorded as follows : tfessre. Manly H. Barnes, Bouldin, Bristow, Brooke, Brown, P. W. Campbell, Daniel, Davis, Earman, B. T. Gordon, Gordon, Hamilton, Ingram, Claggett B. Jones, Kendall, Lincoln, Mundy, Parks, Pedigo, Phillips, Pollard, Robertson, Summers, om, Waddill, Wise, and Mr. President— 30. tfessrs George K. Anderson, W. A. Anderson, Ayers, Barbour, I. Barnes, Blair, Boaz, Braxton, Carter, Cobb, Dunaway, Eggles- ett, Gilmore, Glass, R. L. Gordon, Gwyn, Hunton, Lindsay, Lovell, ?, Miller, R. Walton Moore, Pettit, Richmond, Stuart, TurnbuU, V^illis, Withers, and Wysor—Sl. Dte was then taken on the motion made by Mr. Turn- amended by Mr. Moore, which was rejected — ayes, 5,30. n motion of Mr. Turnbull, the vote was recorded as tfessrs. George K. Anderson, W. A. Anderson, Ayers, Thomas H. 3oaz, Braxton, Carter, Cobb, Dunaway, Eggleston, Garnett, jlass, R, L. Gordon, Hunton, Lindsay, Lovell, Mcllwaine, Miller, 1 Moore, Parks, Pettit, Richmond, Stuart, Turnbull, Willis, Wise, ^fVysor, and Mr. President — 29. Messrs. Manly H. Barnes, Blair, Bouldin, Bristow, Brooke, ameron, P. W. Campbell, Daniel, Davis, Earman, B. T. Gordon, , Gordon, Gwyn, Hamilton, Ingram, Claggett B. Jones, Kendall, larshall, Mundy, Pedigo, Phillips, Pollard, Robertson, Summers, lom, Waddill, and Wise— 30. LASS then moved the immediate consideration of the >n proposed by Mr. Daniel. ORDON, of Richmond, moved the pending question, )eing ordered, the motion made by Mr. Glass was —ayes, 31 ; noes, 29. 3tion of Mr. Gordon, of Richmond, the vote was re- .s follows : Edessrs. George K. Anderson, W. A. Anderson, Ayers, Barbour, H. Barnes, Boaz, Braxton, Carter, Cobb, Daniel, Dunaway, I, Garnett, Gihuore, Glass, R. L. Gordon, Hunton, Lindsay, Lovell, e, Miller, R. Walton Moore, Parks, Pettit, Richmond, Turnbull, Villis, Withers, Wysor, and Mr. President— 31. Messrs. Blair, Bouldin, Bristow, Brooke, Brown, Cameron, P. W. , Davis, Earman, Flood, B. T. Gordon, James W. Gordon, Gwyn, , Ingram. Kendall, Lincoln, Marshall, Mundy, Pedigo, Phillips, lobertson, Stuart, Summers, Tarry, Thom, Waddill, and Wise — our of 2 o'clock having arrived, the President an- the Convention adjourned until 10 o'clock A. M., to- Digitized by Google f * 468 JOUBNAL 09 THl 00K8TITUTI0KAL OOKTBNTIOK. TUESDAY, APRIL 1, 1902. The Convention assembled at 10 o'clock A. M. Pi Rev. Dr. C. D. Waller, of the Presbyterian church. The roll of the Convention was called and the follow: bers were present and answered to their names : Meflsra. Georse E. Andereon, W. A. ADderaon, Ayen, Barboar, Barnes, Thomas H. Barnes, Blair, Boaz, Bolen, Booldin, Braxton, Brist Brown, Gameron, P. W. Campbell, Carter, Cobb, Crismond, Dai Donawav, Earman, Eggleston, Fairfax, Fletcher, Flood, Gamett, G: lespie. Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, Gree Gwyn, Hamilton, Hancock, Hardy, Hatton, Hooker, Hnbard, Hant4 ClMsett B. Jones, Keezeli, Kendall, Lawson, Lincoln Lindsay, Lovel Mcllwaine, Miller, Moncnre, R. Walton Moore, Mandy, O'Flabe Pedigo, Pettit, Phillips, Pollard, Quarles, Rives, Robertson, Smith Stuart, Summers, Tarry, Thom, Thornton, Tumbull, WaddiU, Walk< Willis, Wise, Withers, Wysor, and Mr. President— 83. The journal of yesterday's proceedings was read proved. Mr. Glass offered the following resolution, wl agreed to : Resolved, That, commencing with to-day, the Co hold two sessions daily : from 10 A. M. to 2 P. M., s 4 P. M. to 6 P. M. Leave of absence was granted the following member Mr. Richmond, five days, on motion of Mr. Aysrs. Mr. Allen, indefinite leave, on motion of Mr. Gbeg Mr. Gbsgoby, one day, on motion of Mr. Garter. The amendment to the rules proposed by Mr. Bi read. The ordinance on the elective franchise, proposed Daniel, being the unfinished business, was taken up. Mr. Blair moved that the Convention resolve itse! committee of the whole for its consideration, which m< rejected — ayes, 16 ; noes, 38. Section one was read, and Mr. Flood proposed the i amendment: In line 10 strike out the words * 'three and insert the word **year" ; and in line 21 strike c •*years" and insert word *'year" ; and in same line s words ''not exceeding three.'' — which amendment was rejected — ayes, 16 : noes, 57 On motion of Mr. Hatton the vote was recorded as ] Atib— Messrs. Geoiye K. Anderson, Blair, Bristow, Brown, Davi Flood, B. T. Gordon, Green, Habard, Ingram, Marshall, Pedigo, Fh mers, and Thom— 16. Nobs— Messrs. W. A. Anderson. Ayers, Barboar, Manly H. Barnes, Barnes, Booldin, Braxton, Brooke, Cameron, P. W. CampbeU, Ga Digitized by VjOOQ IC JOUBKAL OP THE CONSnTUTIOirAL OOKVBNTIOK. 469 >anie], Dnnaway, Fair&z, Fletcher, Gamett, Gilmore, Glass, James R. L. Gordon, Gregory, Gwyn, Hamilton, Hardy, Hatton, Hooker, Fones, Keezell. Kendall, Lindsay, Lovell, Mcllwaine, Miller, Moncare, Moore; Mandy, Parks, Pettit, Pollard, Qnarles, Rives, Robertson, »bins, Stoart, Tarry, Thornton, Tambnll, Waddill, Walker, Willis, ers, Wysor, and Mr. President — 57. lowing pair8 were announced. A.TSON with Allbn. NCOLN with Mr. Wescott. Bt named in each case would have voted in the affirm- DiGo proposed the following amendment : In line 3 i the words '*two years" and insert "one year" ; and t in line 4 the words ''one year" and insert the words ths.^' was rejected. one was then adopted, and the motion of Mr. Glass ider the vote by which the section was adopted was a the negative. L two was then taken up, and Mr. Thom proposed to J the following words in lines 20, 21, 22, and 23 : **and isonable explanation of the same ; or, being a person LOt for himself read such section of this Constitution, .ble to understand and give a reasonable explanation hen read to him by the officers of registration." g the consideration of which, the chair was, on mo- r. Lindsay, vacated until 4 o'clock this afternoon. AFTERNOON SESSION. ssiDSNT resumed the chair at 4 o'clock. be was taken upon the amendment proposed by Mr. d it was rejected — ayes, 21 ; noes, 44. kion of Mr. Thom the vote was recorded as follows : «srs. Blair, Bristow, Brooke, Crismond, Davis, Barman, Gillespie, dlton, Hubard, Inmim, Marshall, Mcllwaine, Pedigo, Phillips, rol- Sammers, Thom, Waddill, and Watson— 21. issrs. George K. Anderson, W. A. Anderson, Avers, Barboar, Thomas Bouldin. Braxton, P. W. Campbell, Carter, Daniel, Dnnaway, Eg- rfex, Fletcher, Gamett, Gilmore, Glass, B. T. Gordon, James W, rdy, Hatton, Hooker, Hanton, Claggett B. Jones, Keezell, Lawson, ►veil, Miller, Moncure, R. Walton Moore. O'Flaherty, Pettit, Quarles, rt, Tarry, Thornton, Tambull, Walker, Willis, Withers, Wysor, and nt— 44. lowing pairs were announced : >BSBTS0N with Mr. Parks. Digitized by Google fTTB 470 JOUBKAL 07 THl OONSTITXTTIONAL OONTXNTIOH. Mr. Flood with Mr. Wise. Mr. Lincoln with Mr. Wescott. Mr. MuNDY with Mr. Yancey. Mr. Hancock with Mr. Gregory. Mr. Gordon, of Louisa, with Mr. Cobb. The first named in each instance would have vote affirmative. Section two was then adopted, and the motion of M to reconsider the vote by which the section was adop decided in the negative. Section three was then taken up, and Mr. Braxton the following amendment : Add at end of line 26, sc page 4, the words "who is blind or physically unable pare his ballot, or who shall make oath before the ji election that he is unable to read." — which was rejected — ayes, 13 ; noes, 56. On motion of Mr. Braxton the vote was recorded as Aybb— MeBsrt. Barbour, Braxton, Brietow, Brooke, James W. Gk>rd ton, Hardy, Ingram, Mcllwaine, O' Flaherty, Parka, Pollard, and Sami NoBB— Messrs. GreorseK. Anderson, W. A. Anderson, Ayers, Thomas Blair, Boaz, Boaldin, Brown, P. W. Campbell, Carter, Crismond, Dai Dunaway, Eggleston, Fairfax, Fletcher, Gamett, Gilmore, Glass, B. R. L. Gordon, Hancock, Hatton, Hooker, Hnbard, Hnnton, Claggel Keezell, Kenaall, Lawson, Lindsay, Loyell, Marshall, Miller, Moncare Moore, Mandy, Pedigo, Pettit, Phillips, Qaarles, Rives, Smith, Stebb Tarry. Thornton, Tumbull, Waddill, Walker, Watson, Willis, With< and Mr. President— 56. Mr. Kendall proposed the following amendment : Ii section 3, page 5, after the word ** designate*' add **u the opinion of the judges of election, he is unable to his ballot." — which was rejected. Mr. Waddill proposed the following : after the word in line 6, insert the words ''under the provisions of t stitution and the laws enacted pursuant thereto." — which was rejected. Mr. Braxton proposed the following : Insert at en< 26 the words : "who is blind, unable to read, or physi able to prepare his ballot." — which was rejected — ayes, 18, noes, 36. Mr. Gillespie moved to strike out, in line 27, tl: "such officer of election," and insert in lieu thereof t] "any person." — ^which was rejected — ayes, 11 ; noes, 59. On motion of Mr. Blair the vote was recorded as f( Aybb— Messrs. Blair, Bristow. Davis, Earman, Gillespie, Green, Mm Phillips, Sommers, and Waddill— 11. Digitized by VjOOQ IC JOUBKAL OF THB 00N8TITUTI0NAL CONVENTION. 471 leflra. George K. Andereon, W. A. Anderson, Ayers, Barbour, Thomas H. z, Bonldin, Brooke, Brown, P. W. Campbell, Carter, Criamond, Daniel, Il^leflton, Fair£Bix, Fletcher, Garnett, Gilmore, Glass, B. T. Gordon, Gordon, R. L. Gordon, Hancock, Hardy, Hatton, Hooker, Hubard, pram, Clageett B. Jones, Keezell, Kendall, Lawson, Lindsay, Level 1, Miller, Moncure, R, Walton Moore, O'Flaherty, Pettit, Pollard, ives. Smith, Stebbins, Staart, Tarry, Thorn, Thornton, Turnbull, atson, Willis, Wise, Withers, Wysor, and Mr. President— 59. iRDON, of Louisa, proposed the following : After the ition, line 23, add "provided, he, his wife, or his pa- le bona fide owner of property assessed for taxation to of two hundred dollars ($200) : and provided further, property qualification shall not apply to any soldier d in section two or the descendant of such soldier.'' «vas rejected — ayes, 14; noes, 57. 5ion of Mr. Gordon, of Louisa, the vote was recorded enrs. Barbour, Thomas H. Barnes, Boaz, Brooke, Brown, Fletcher, n, Green, Hardy, Habard, Claggett B. Jones, Moncure, Watson, and ssrs. George K. Anderson, W. A. Anderson, Ayers, Blair, Bouldin, Htow, P. W. Campbell, Carter, Crismond, Daniel, Davis. Diinaway, .'i -ton, Fairfax, Garnett, Gilmore, Gillespie, Glass, James W. Gordon, ork, Hatton, Hooker, Hnnton, Ingram, Keezell, Kendall, Laweon, irlsay, Lovell, Marshall, Mcllwaine, Miller, R. Walton Moore, Mundy, Pedigo, Pettit, Philhps, Pollard, Quarles, Rives, Smith, Stebbins, mers, Tarry, Thornton, Tambnll, Waddill, Walker, Withers, Wysor, sident— 57. lowing pairs were announced : BERT80N with Mr. Parks. OOP with Mr. Wisb. jt-named in each instance would have voted in the LLESPIE moved to strike out the following : *'and shall, be physically disqualified, make application for reg- in his own handwriting, without aid or suggestion or ■ memorandum, in the presence of an oflBcer of regis- the precinct in which he resides, setting forth the d residence of his parents, his own name, age, place of birth, his occupation and place of residence at the for two years prior to the date of his application ; and previously voted, then to state in what State, county, d voting precinct he last voted ; and he shall answer, iny and all questions propounded to him by the regis- Bcer affecting his qualification as an elector, which tions and answers shall be reduced to writing ; having ch and made oath to his statement, he shall be duly the registrar of election." was rejected-^ayes, 12; noes, 54, . , Digitized by Google 472 JOURNAL 09 THB OOKSnTUTIONAL OOKVIMTIOV. On motion of Mr. Gillespie the vote was recorded a Am— MesBTB. Barboar, Blair, Bristow. Bayis, Eannan, Gillespie, 1 Marahall, Mandy, Pedigo, Phillipfl, and Sammen— 12. Non— Messrs. George K. Anderson, W. A. Anderson, Ayers, Barnes, Boaz, Boaldin, Brooke, Brown, P. W. Campbell, Carter, D way, E^leston, Fairfax, Gramett, Gilmore, Glass, James W. Grordon, ] Gwyn, Hancock, Hardy, Hatton, Hooker, Hubard, Ingram, Kee« Lawson, Lindsay, Lovell, Mcllwaine, Miller, Moncure, R. Wa O'Flaberty, Pettit. Pollard, Qparles, Rives, Bmitb. Stebbins, 8ti Thornton, Tamball, Waddill, Walker, Watson, Willis, Wise, Witb and Mr. President— -54. The following pairs were announced : Mr. Robertson with Mr. Parks. Mr. Lincoln with Mr. Wbscott. The first named in each instance would have yot affirmative. Mr. Stuart moved to strike out, in line 14, the w< names and residence of his parents." — which was agreed to^ayes, 37 ; noes, 32. On motion of Mr. Blair the vote was recorded as f Aybb— Messrs. W. A. Anderson, Ayers, Blair, Braxton, Bristow, ] bell, Grismond, Daniel, Davis, Danaway, Earman, Fletcher, Gilmoi B. T. Gtordon, Gwyn, Hancock, Hooker, Hunton, Ingram, Keezc Lovell, Marshall, Moncdre, Mandy, O'Flaherty, Parks, Pedigo, PhiU Rives, Stuart, Sammers, Waddill, Walker, and Wysor— 37. Non— Messrs. George E. Anderson, Barboar, Thomas H. Barnes, din, Brooke, Brown, Eggleston, Fairfax, Gamett, James W. Go Gordon, Green, Hardy, Hatton, Claggett B. Jones, Lawson, Lindsay Miller, R. Walton Moore, Pettit, Pollard, Smith, Stebbins, Tarry Tamball, Watson, Willis, Withers, and Mr. President— 32. Mr. WisB announced that he was paired with M: who, if he were present, would vote no and he would Mr. Kendall moved to insert after the word '*desij line 28, the following; "So far as consistent with tl ions of this Constitution, the absolute secrecy of theb be maintained, and to this end the General Assem enact such laws as may be necessary.'' — which was agreed to^ayes, 42 ; noes, 26. On motion of Mr. Gordon, of Richmond, the vot< corded as follows : Aties— Messrs. George K.^Anderson, Ayers, Barboar, Thomas H. 1 Boaldin, Braxton, Brown, Egffleston, Fairfax, Garoett, Glass, *B. James W. Gordon, R. L. Gordon, Hancock, Hardy, Hooker, Hani Claggett B. Jones, Keezell, Kendall, Lawson, Lindsay, Miller,. ] Walton Moore, O* Flaherty, Parks, Pollard, Rives, Smith, Stebbins, S Thornton, Tarnball, Walker, Willis, Wysor, and Mr. President— 42. Nobs— Messrs. W. A. Anderson, Blair, Bristow, Brooke, P. VV Grismond, Davis, Danaway, Earman, Fletcher, Gilmere, Gillespie, G JOURNAL OF THB 0ON8TITUTI0NAL OONVKNTION. 473 sU, Marshall, McIIwaine, Mundy, Pedigo, Phillipg, Qaarlee, Sum- 1, Watson, and Withers— 26. three, as amended, was then adopted, and the motion iss to reconsider the vote by which it was adopted, • id in the negative. [ absence was granted Mr. Hunton for one day, on Mr. Stuart. on of Mr. Turnbull the Convention adjourned. WEDNESDAY, APRIL 2, 1902. Lvention assembled at 10 o'clock A. M. Prayer by ge^Dooper, D. D., of the Baptist church. I of the Convention was called and the following vere present and answered to their names : >rge K, Anderson, W. A. Anderson, Ay era, Barbour, Barham, Thomas lair, Boaz, Bouldin, Braxton, Bristow, Brooke, Brown, Cameron, P. , Carter, Crismond, Daniel, Davis, Dun away, Earman, Epes, Fairfax, x)d, Garnett, Gilmore, Gillespie, Glass, B. T. Gordon, James W, Li. Gordon, Green, Gwyn, Hamilton, Hancock, Hardy, Hatton, lard, Ingram, Keezell, Kendall, Lawson, Lincoln, Lindsay, Lovell, Ilwaine, Meredith, Miller, Moncure, R. Walton Moore, Thomas L. ly, O'Flaherty, Parks, Pedigo, Pettit, Phillipe, Pollard, Portlock, es, Robertson, Smith, Stebhins, Stuart, Tarry, Thorn, Thornton, neent, Waddill, Walker, Willis, Wise, Withers, Wysor, Yancey, ident— 8L irnal of yesterday's proceedings was read and ap- f absence was gi'anted the following members : SB, two days, on motion of Mr. Crismond. fMERs, one day, on motion of Mr. Lincoln. DERsoN, of Alleghany, moved to rescind the action of ntion in deciding to move to the hall of the House of , which was rejected — ayes, 30 ; noes, 42. Lon of Mr. Pedigo the vote was recorded as follows : srs. George K. Anderson, Barbour, Thomas H. Barnes, Braxton, lond, Dunaway, Epes, Fairfax, Gilmore, Glass, B. T. Gordon, Hardy, Kell, Kendall, Lawson, Lindsay, Marshall, McIIwaine, Meredith, R. re, Pettit, Stebbins, Thornton, Turnbull, Willis, Withers, Wysor, lident— 30. srs. W. A. Anderson, Ayers, Manly H. Barnes, Blair, Boaz, Bouldin, V. Campbell, Daniel, Davis, Earman, Fletcher, Flood, Garnett, James R. L. Gordon, Green, Gwyn, Hancock, Hooker, Hubard, Ingram, ell, Miller, Moncute, Mundy, O* Flaherty, Parks, Pedigo, Phillips, tlock, Quarles, Rives, Robertson, Smith, Tarry, Waddill, Watson, incey^i2. 0 Digitized by Googl 474 JOURKAL 09 THB OOK'STITUTIOK'AL OOHVUJTiOK. Mr. Anderson, of Alleghany, moved that when the tion adjourns at 2 o'clock to-day, it adjourn to meet in of the House of Delegates to-morrow at 10 o'clock A. J Mr. Glass moved to lay the motion on the table, wl agreed to. Mr. TuRNBULL offered the following resolution, wl ordered to lie on the table. *' Resolved, That the action of the Convention, on { last, in changing rule 9 be, and the same is, hereby res — which was ordered to lie on the table and be printed The consideration of the amendment to the rules ] by Mr. Blair was passed by, on motion of Mr. Turnb The ordinance upon the suflfrage, as proposed by Mr. being the unfinished business, was then taken up. Sections 4 and 5 were then adopted, and the motion tively made by Mr. Glass to reconsider the vote by wl sections were adopted, were decided in the negative. Section 6 was then taken up. Mr. Blair proposed the following amendment : A word "people" strike out the words *'shall be by ballot was rejected. Section 6 was then adopted. Mr. Glass moved to reconsider the vote by which s was adopted, which was decided in the negative. Section 7 was then taken up. Mr. Gillespie proposed the following amendment t ded at end of section 7 : *'and a copy of the ballots to at any election shall be posted by the sheriflF of the co sergeant of the city, for at least ten days previous to tion, at each voting precinct of the county or city w election is to be held." — which was rejected — ayes, 9; noes, 53. On motion of Mr. Gillespie the vote was recordei lows : Aybs— Meean. Bristow, Dayis, Earman, Gilleepie, Keezell, Pedi| Waddill, and Wysor— 9. Non—Messra. W» A. Anderson, Ayerg, Barboar, Manly H. Barnes, Barnes, Boaz, Bouldin, Braxton, Brooke, Brown, P. W. CSampbell, C mond, Danaway, Epes, Fletcher, Gamett, Gilmore, Glass, James W. L. Gordon, Green, Gwyn, Hancock, Hardy, Hatton, Hooker, Ingrai LawBon, Lindsay, Lovell, Mcllwaine, Meredith. Miller, Moncnre, Moore, O' Flaherty, Parks, Portlock, Quarles, Biyes, Robertson, Qtmit Thornton, Tumball, Walker, WiUis, Wise, Withers, Yancey, and Mr. 58. ^ The following pairs were announced ; Mr. Lincoln with Mr. Wescott. Mr. MuNpy with Mr. Hunton. 1 Digitized by Google OUBNAL 07 THB OOKSTFrUTIOKAL OONVIMTIOK. 475 i; named in each instance would have voted in the lERTsoN moved to strike out section 7, which was de- le negative — ayes, 15 ; noes, 48. on of Mr. Robertson the vote was recorded as fol- En^ W. A. Andenon, Blair, Brietow. Dayis, Earman, Flood, Gilles- Marahall, Mcllwaine, Pedigo, Phillips, Robertson, Thornton, and irs. Geonce K. Anderson, Ayers, Barbour, Thomas H. Barnes, Boas, Kton, Brown, P. W. Campbell, Carter, Crismond, Daniel, Donaway, »r, Garnett, Gil more. Glass, B. T. Gordon, James W. Gordon, R. L. en, Gwyn, Hancock, Hardy, Hatton, Hooker, Ingram, Keezell, rson, Meredith, Miller, Moncare^ Parks, Portlock, Qaarles, Rives, ins, Stuart, Turnbull, Willis, Wise, Withers, Wysor, Yancey, and t— 48. 3wing pairs were announced : j^DY with Mr. HuNTON. coLN with Mr. Wescott. t named in each instance would have voted in the LAHERTY moved to reconsider the vote by which the strike out section 7 was rejected, which was decided ative — ayes, 28; noes, 35. on of Mr. Turnbull the vote was recorded as fol- Brs. W. A. Anderson, Blair, Braxton, Bristow, Brown, Davis, Duna- , Epes, Garnett, Gillespie, Glass. B. T. Gordon, James W. Gordon, )ze)l, Kendall, Lovell, Marshall, Moncare, O'Flaherty, Pedigo, Rives, nith, Thornton, Walker, and Wise— 28. irs. Geoive K. Anderson, Ayers, Barbour, Thomas H. Barnes, Boaz, 7. OampJBell, Carter, Crismond, Daniel, Fairfax, Fletcher, Gilmore, n. Green, Hardy, Hatton, Hooker, Ingram, Lawson, Lindsay, Her, Parks, Pettit, Phillips, Portlock, Qaarles, Stebbins, Tomball, rs, Wysor, Yancey, and Mr. President— 35. STDY announced that he was paired Mr. Hunton, who, present, would vote no and he would vote aye. 7 was then adopted. ss moved to reconsider the vote by which section 7 3d, which was decided in the negative. 8 and 9 were then adopted, and the motions respec- e by Mr. Glass to reconsider the votes by which sec- 1 9 were adopted, were decided in the negative. 10 was then taken up. ;don, of Louisa, moved to strike out, in lines 7 and 8, * 'other than members of the General Assembly/' rejected. Digitized by Google 476 JOUBNAL OF THB OONSTITUTIOKAL OONVENTIOK. Mr. Kendall moved to insert after the word "co line 5, the words **or subdivision thereof or" ; and word ''county/' in line 7, to insert the words ''or s thereof or," which were severally agreed to. Mr. Davis proposed to strike out the following wo the General Assembly may prescribe a property quali not exceeding two hundred and fifty dollars for elect county, or subdivision thereof, or town, or city of th a prerequisite for voting in any election for oflBc wholly elected by the electors of such county, or s thereof, city, or town, other than members of the G< sembly. Such action, if taken, to be had upon the of the representatives in the General Assembly fron town, or county immediately affected : provided, thai ral Assembly, in its discretion, may make such lawf tions from the operation of said property qualificatic not be in conflict with the Constitution of the United the State of Virginia." — which was rejected — ayes, 18 ; noes, 48. On motion of Mr. Davis the vote was recorded as Atbs— Meaera. W. A. Anderson, Blair, Brietow, Oameron, Da Gilleapie, Green, Gwyn, Hancock, Hooker, Keezell, Marshall, Thoi Pe^ligo, Phillips, Smith, and Withers— 18. NoBB— Messrs. George K. Anderson, Ayers, Barbour, Thomas H. j Bouldin, Braxton, Brown, P. W. Campbell, Garter, Orismond, Dani Epes, Fairfax, Fletcher, Gamett, Gilmore, Glass, B. T. Gordon, Jame Hardy, Hatton, Ingram, Lawson, Lindsay, Loyell, Mcllwaine, MilJ 0»Flaherty, Parks, Pettit, Portlock, Quarles, Riyes, Robertson, Ste Thornton, TurnbuU, Waddill, Walker, Willis, Wise, Wysor, Yan( President — 48, The following pairs were announced : Mr. Lincoln with Mr. Wescott. Mr. MuNDY with Mr. Hunton. Mr. Gordon, of Louisa, with Mr. Orr. The first named in each instance would have vot affirmative. Section 11 was then taken up. Mr. Davis moved to insert after the word **men: line 5, the following words : **not more than two of v belong to the same politital party," which was agreec 48; noes, 32. On motion of Mr. Gordon, of Louisa, the vote wa as follows : r Aybs— Messrs. W. A. Anderson, Ayers, Barboar, Blair, Bristc Daniel, Davis, Earman, Epes, Gillespie, Glass, B. T. Gordon, Jame Green, Gwyn, Hatton, Kendall, Lindsay, Marshall, Mcllwaine, M< Digitized by Google JOITBNAL OV THE OOKSTITtJTIOKAL OOKVBNTIOK. 477 on Moore, CFlaherty, Pedigo, Pettit, Pbillipfl, Portlock, Qaarles, on, WaddiU, Walker, Wise, Withers, Wysor, and Mr. Preaidentr- re. George K. Andereon, Thomas H. Barnes, Boaz, Booldin, Braxton, Campbell, Carter, Crismond, Donaway, Fairfax, Fletcher, Gamett, I. (jordon, Hamilton, Hancock, Hardy, Hooker, Ingram, Keezell, dl. Miller, Parks, Robertson, Smith, Stebbins, Tumball, Vincent, uicey— 32. >wing pairs were announced : my with Mr. Hunton. ^OLN with Mr. Wescott. named in each instance would have voted in the PLOCK moved to strike out, in lines 11, 12, 13, and rson, nor the deputy of any person, holding any ice of profit or trust in this State, or in any county, vn thereof, shall be appointed as « member of the board, or as registrar, or as judge of election." as rejected. ss movod to insert after the word **party," in line 5, ng words : ''of those first appointed, one shall be for a term of one year, one for a term of two years, 3er for a terra of three years ; and thereafter their shall be appointed for full terms of three years.'' as agreed to. BOUR moved to reconsider the vote by which the t proposed by Mr. Davis was adopted. E called the pending question. The pending ques- ordered, it was agreed to— ayes, 38; noes, 31. on of Mr. Gordon, of Louisa, the vote was recorded irs. Barham, Manly H. Barnes, Thomas H. Barnes, Boaz, Bonldin, Campbell, Carter, Crismond, Daniel, Danaway, Epes, Fletcher, X, GlasB, E. L. Gordon, Gwyn, Hamilton, Hancock, Hardy , Hooker, ell, Lawson, Loveil, Mcllwaine, Miller, Moncure, rarks, Robertson, ns, Stuart, Turnbull, Walker, Willis, and Yancey— 38. ira. W. A. Anderson, Ayers, Barhonr, Blair, Bristow, Cameron, n, Gilmore, Gillespie, B. T. Gordon, Jaires W. Gordon, Green, lall, Marshall, Meredith, R. Walton Moore, Mundy, 0»Flaherty, it, Phillips, Portlock, Qoarles, Riyes, Summers, Waddill, Wise, lor, and Mr. President— 31. >wing pairs were announced : .XTON with Mr. Richmond. iNETT with Mr. MooRB, of Montgomery. )ERS0N, of Rockbridge, with Mr. Summers. rsoN with Mr. Lindsay. ^TON with Mr. Lincoln. rfax with Mr. Walter. r^ Digitized by Google 478 JOUfilTAL Ot THB (X)lrSTITtmOKAL (X)KVEKTIOK. The first named in each instance would have vo affirmative. The question then recurred on the amendment pi Mr. Davis, which was rejected — ayes, 30; noes, 38. On motion of Mr. Barbour the vote was recorded Aybb— Messrs. W. A. Anderson, Ayers, Barbour, Blair, BriBt4 Davis, Earman, Gillespie, Glass, James w. Gordon, Green, Hat Lincoln, Marshall, Meredith, R. Walton Moore, Thomas L. Moon Pedigo, Pettit, Phillips, Portlock, Qoarles, Rives, Waddill, Withers Mr. President^SO. Nobs— Messrs. Barham, Manly H. Barnes, Thomas H. Barnes, £ Braxton, Brown, P. W. Campbell, Carter, Crismond, Daniel, Da Fairfax, Fletcher, Flood, Garnett, Gilmore, R. L. Grordon, Gwy Hancock, Hardy, Hooker, Keezell, Lawson, Lovell, Mcllwaine, 1 Robertson, Smith, Stebbins, Stnart, Tomball, Walker, Willis, and The following pairs were announced : Mr. Summers with Mr. Anderson, of Rockbridge. Mr. Ingram with Mr. Richmond. Mr. MuNDY with Mr. Hunton. Mr. Lindsay with Mr. Watson. The first named in each instance would have vol affirmative. Mr. Stuart moved to insert after the word ''judge S, the words *'and clerks." Mr. Braxton moved as a substitute to strike out t ing words : ''and in the selection of judges of elect sentation, as far as possible, shall be given to each o political parties which, at the general election next their appointment, cast the highest and next highei of votes. Mr. Glass called the pending question. The penc tion being ordered, the amendment proposed by M was rejected — ayes, 18 ; noes, 51. On motion of Mr. Gillespie the vote was record lows : I r Atbs— Messrs. Ayers, Bristow, Davis, Earman, Gillespie, James Green, Keezell, Marshall, Moncnre, Thomas L. Moore, O'Flaherty, I Utaart, Thornton, Waddill, and Wysor— 18. Nobs — Messrs. Georse K. Anderson, W. A. Anderson, Barbour, Bi H. Barnes, Thomas H. Barnes, Blair, Boaz, Bouldin, Braxton, B Campbell, Carter, Crismond, Daniel, Dunaway, Eggleston, £] Fletcher, Flood, Garnett, Gilmore, Glass, B. T. Gordon, R. L. Gc Hamilton, Hancock, Hatton, Hooker, Kendall, Lawson, Lindsajr, '. waine. Miller, B. Walton Moore, Parks, Portlock, Qnarles, Rivei Smith, Stebbins, Tarry, Tomball, Walker, Willis, Withers, an< dent— 51. The following pairs were announced : Mr. Richmond with Mr. Ingram. Digitized by Google DUBNAI, OP THB CONSTITUTIONAL CONVENTION. 479 SBY with Mr. Hunton. ; named in each instance would have voted in the i, 3tion recurred on the motion of Mr. Braxton to in lines 8, 9, 10, and 11. Mr. Glass called the pend- )n. The pending question being ordered, it was re- 11, as amended, was adopted. ss moved to reconsider the vote by which section 11 3d, which was rejected. 12 was then adopted. ss moved to reconsider the vote by which section 12 3d, which was rejected. 13 was then taken up. lEDiTH proposed to strike out the word '* eighteen," tnd insert in lieu thereof, the word ''twenty-one." ss called the pending question. The pending ques- ordered, it was rejected — ayes, 33 ; noes, 39. on of Mr. Cameron the vote was recorded as follows : ire. Barham, Thomas H. Barnes, Bouldiu, Brown, Crismond, Daniel, n, Epes, Fairfiax, Fletcher, B. T. Gordon, Green, Hamilton, Han- Keezell, Lovell, Mcllwaine, Meredith, Miller, R. Walton Moore, , Phillips, Qaarles, Stebbins, Stuart, Tarry, Waddill, Walker, Willis, jrs. George K. Anderson, W. A. Anderson, Avers, Barbour, Manly air, Boaz, Braxton, Bristow, Cameron, P. W. Campbell, Carter, gleston, Garnett, Gilmore, Gilleppie, Glass, JameB W. Gordon, R. wyn, Hooker, Hubard, Ini^ram, Kendall, Lawson, Lincoln, Lindsay, ndy, O' Flaherty, Pettit, Rives, Robertson, Smith, Thornton, Turn- md Mr. President— 39. 3 as amended was then adopted. ss moved to reconsider the vote by which section 13 id, which was rejected. 14 was then taken up. DON, of Richmond, moved to strike out section 14. ss called the pending question. The pending ques- ordered, it was rejected. 14 was then adopted. ss moved to reconsider the vote by which section 14, 3d, which was rejected. 15 was then taken up. XTON moved to strike out section 15. ;s called the pending question. The pending question red, it was rejected — ayes, 23 ; noes, 46. on of Mr. Waddill the vote was recorded as follows : irs. Manly H. Barnes, Blair, Braxton, Bristow, P. W. Campbell, tniel, Davie, Eggleston, Fletcher, B. T, Gordon, R. L. Gordon, Digitized by Goc 480 JOUlUfAL 09 TBM OOVBTtTDtlOKAL OOHTBHTtOV. Green, Hamiltoiu Hooker, Mcllwaine, Ftodigo, Pettit, Portlock, Bive Tarry, mnd WaddiU— 28. Nobs— Meean. George K. Andenon, W. A. Anderson, Ayere, Barb< ThoniM H. Barnes, Boas, Booldin, Brown, Cameron, Garter, Donair Epes, Fair&x, Gamett Gilmore, Glass, James W. Gordon, Gwy Hatton, Hubard, Ingram, Keezell, Kendall, Lawson, Lincoln, Level Miller, Moncore, B. Walton Moore, Mondy, Parks, Qoarles, Smit Stoart, Thornton, Tambnll, Walker, Willis, Withers, Wysor,and Mr 46. Section 15 was then adopted. Mr. Glass moved to reconsider the vote by which was adopted, which was rejected. Section 16 was then taken up. Mr. Pediqo moved to strike out the words ''gei primary" in line 3, which was rejected. Mr. Parks proposed the following amendment : word ''shall" in line 7, strike out the words ''lose th vote and hold oflBce" and insert in lieu thereof tl ''thereafter be disqualified from voting and holdii which was agreed to. Mr. Gordon, of Richmond, proposed to amend by end of the section the following words : "and shall power to provide that no person shall be excused fro ing in prosecutions for the violation of any election h The hour of 2 o'clock having arrived, the Pres; nounced that the Convention stood adjourned until P. M. AFTERNOON SESSION. The amendment proposed by Mr. Gordon, of Rict section 16 being the unfinished business it was take rejected — ayes, 19; noes, 40. On motion of Mr. Gordon, of Richmond, the vot corded as follows : Atb9 — Messrs. W. A. Anderson, Barbour, Clarence J. Campbell, Da Glass, B. T. Gordon, Hardy, Kendall, Marshall, Mcllwaine, Meredith Parks, Pedigo, Phillips, Pollard, Robertson, and Thornton— 19. NoB»— Messrs. Ayers, Barham, Boaz, Boaldin, Braxton, Bristow, bell, Carter, Crismond, Donaway, Epes, Fairfax, Fletcher, Gam< R. L. Gordon, Green, Gwyn, Hatton, Hooker, Ingram, Keezell, Law Lovell, Miller, Moncure, R. Walton Moore, Portlock, Qaarles, i Tarry, Tambnll, Waddill, Walker, Willis, Withers, Yancey, and Mi 40. Mr. MuNDY stated that he was paired with Mr. Hu if he were present, would have voted no and he w voted aye. Digitized by Google JOUEKAL OF THE CONSTITUTIONAL CONVENTION. 481 CTON moved to strike out the word *' primary " in nsert in lieu thereof the word ''local'' which was CTON moved to strike out section 16 which was re- 6 was then adopted. IS moved to reconsider the vote by which section 16 i, which was rejected. s:ton proposed an independent section as follows : ral Assembly may, from time to time, enact laws or the use, throughout the State at large, or in any re counties, cities or towns in any election, of )r receiving, recording and counting the ballots cast ovided, that the secrecy of the ballot be not thereby vhich said laws may be amended or repealed at the the General Assembly *' which was agreed to — ayes, 12. m of Mr. Braxton the vote was recorded as follows : ra. W. A. Anderson, Barbour, Barbam, Bonldin, Braxton, P. W. rie, Dunaway, Earman, Fairfax, Glasp, B. T. Gordon. Jamee W. , Gordon, Hardy, Hatton, Keezell, Kendall, Lindsay, Marsfaall, Walton Moore, 0* Flaherty, Pedigo, Pollard, Portlock, Quarlee, !on, Stebbine, Thornton, Waddill, Walker, Willis, and Mr. Preei- rs. Ayers, Boaz, Bristow, Carter, Crismond, K pes, Fletcher, Gamett, n, Gwyn, Hancock, Hooker, Ingram, LawBon, Lovell, Mcllwaine, re, PhiUipB, Smith, and Turn bull— 22. DY announced that he was paired with Mr. Hunton, were present, would have voted no and he would aye. L7 was adopted. 3s moved to reconsider the vote by which section 17 d, which was rejected. L8 was then taken up. KS moved to strike out in lines 24 and 25 the words ible time before such election " and also the word ' and insert after the word ** the '' the word '* said " he word ** shall " insert the words '* deliver or cause 3red with the poll-books," and after the word •' to " ivords ** one of," rxoN called the pending question. The pending nng ordered it was agreed to — ayes, 41 ; noes, 20. )n of Mr. Gordon, of Richmond, the vote was re- ollows : r8. George K. Anderson, W. A. Anderson, Barbour, Barham, Boaz, ence J. Campbell, Carter, Crismond, Epes, Fairfax, Garnett, Gil- W. Gordon, Green, Hancock, Hardy, Hooker, Ingram, Keezell, L Digitized by GoogI 482 JOUENAL OF THE CONSTITUTIONAL CONVENTTOK. Kendall, Lawson, Lindsay, Lovell, Mcllwaine, Meredith, Miller O* Flaherty, Parke, Pollard, Portlock, Quarles, RiveB, Robertson, Sm ton, Turnbull, Waddill, Walker, and Mr. President— 41. Noes — Messrs. Ayers, Bouldin, Bristow, P. W. Campbell, Davis Eggleston, Fletcher, Glass, B. T. Gordon, R. L. Gordon, Gwyn, Hatto R. Walton Moore, Pedigo, Phillips, Stebbins, Willis, and Withers— 2C Mr. Barbour moved to strike out the words '' mak< line 8 and insert the words *' have printed,'' and after ** ward " in line 13 insert the words, '* and shall ke« oflBce at least ten printed copies for public inspection t also cause the said list to be published in such other n may be prescribed by law." Section 18 as amended was then adopted. Mr. Glass moved to reconsider the vote by which s< was adopted, which was agreed to. Mr. Daniel proposed the following amendment : - word ** voting " in line 30 insert the following words production to the officers of election by any person di tered, of his receipt for payment of the capitation t; scribed as a prerequisite to the right to vote shall be of such payment." Mr. Waddill proposed the following amendmem amendment : *^ The treasurer shall keep a daily recoi persons who have paid the capitation taxes, shall di receipt given for the payment, and his record shall be public inspection. Any false entry in, fraudulent from, or alteration of such record, or the false dating tax receipt shall be a felony." Mr. Gordon, of Louisa, called the pending questi Turnbull asked that the question be divided, which w to. The pending question being ordered the first brj rejected — ayes, 17; noes, 48. On motion of Mr. Hatton the vote was recorded as Ayes — Messrs. W, A. Anderson, Bouldin, Clarence J. Campbell, I away, Gillespie, B. T. Gordon, Kendall, Moncure, O' Flaherty, Pe< Phillips, Pollard, Waddill, Wysor, and Mr. President — 17. Noes — Messrs. George K. Anderson, Ayers, Barbour, Barham, Bra: Campbell, Carter, Crismond, Earman, Eggleston, Epes, Fairfax, Game Glass, James W. Gordon, R, L. Gordon, Green, Hamilton, Hancc Hatton, Hooker, Ingram, Keezell, Laweon, Lindsay, Lovell, Mcllwaini R. Walton Moore, Mundy, Parks, Portlock, Quarles, Rives, Roberta Stebbins, Stuart, Tarry, Thornton, Turnbull, Walker, Willis, Wia Yancey, and Mr. President — 48. Mr. Waddill asked leave to withdraw the second \ the amendment, which was granted and the amendi withdrawn. Mr. O'Flaherty moved to add after the word ** the Digitized by Google 70UBNAL OP THB CONSTITUTIOKAL OONYENTION. 483 3 words *' as well as those who are exempt under sec- ticle 1, which was rejected. DERSON called the pending question. The pending being ordered, it was rejected. 18 as amended was then adopted. ASS moved to reconsider the vote by which section 18 ted, which was rejected. [.LKSPiE proposed a substitute for the whole. THERS moved that the vote be taken on the suffrage at 2 o'clock P. M. on Friday. MPBELL, of Amherst, proposed as a substitute that the ,ken on Friday at 1 : 30 P. M. and sooner if the discus- d before that time, which was agreed to. OM, from the Committee on the Judiciary, presented lental report in reference to the judge of the corpora- i in cities having less than five thousand inhabitants, s ordered to lie on the table and be printed. )f absence was granted the following members : OM, three days, from to-morrow, on motion of Mr. •N. ASS, one day, on motion of Mr. Lindsay, ion of Mr. Wise the Convention adjourned to meet in of the House of Delegates at 10 o'clock A. M. to- THURSDAY, APRIL 3, 1902. nvention assembled at 10 o'clock A, M., in the hall of 9 of Delegates. Prayer by Rev. Dr. W. F. Dunaway, ptist church. 1 of the Convention was called and the following mem- present and answered to their names : Hen, George K. Anderson, W. A. Andereon, Barbour, Barham, Manly Cbomas H. Barnes, Blair, Boaz, Bouldin, Braxton, Bristow, Brown, . J. Campbell, P. W. Campbell, Carter, Crismond, Daniel, Davis, barman, Eggleston, Epes, Fairfax, Fletcher, Flood, Gilmore, B. T. mes W. Gordon, R. L. Gordon. Green, Gregory, Gwyn, Hamilton, ardy, Hooker, Hubard, Ingram, Keezell, Kendall, Lawson, Lincoln, »V€ll, Marshall, Mcllwaine, Meredith. Miller, Moncure, R. -Walton mas L. Moore, Mundy, O' Flaherty, Parks, Pedigo, Pettit, Phillips, tlock, Quarles, Rives » Robertson, Smith, Stebbins, Stuart, Tarry, 'urnbull, Vincent, Waddill. Walker, Watson, Willis, Wise, Withers, cey, and Mr. President— 80. ion of Mr. Barbour the reading of the journal was [ with. Digitized by GoogT 484 JOURNAL OF THE CONSTITUTIONAL CONVKNTIOIT. Mr. Moore, of Fairfax, moved that immediately vote is taken on the suffrage to-morrow, all motions j lutions to rescind be taken up and finally disposed of. — which was agreed to. Mr. Flood moved that a vote be taken to-morrow at on his motion to rescind the action as to the election tors. Mr. TuRNBULL moved as a substitute that the r amend the rules as proposed be taken up and settled 1 resolutions to rescind were considered. — which was agreed to. Mr. Flood moved to reconsider the vote by which tl of Mr. TuRNBULL was agreed to, which was decide negative — ayes, 26; noes, 44. On motion of Mr. Flood the vote was recorded as f Ates — Messrs. W. A. Anderson, Manly H. Barnes, Bouldin, Briat C. J. Campbell, P. W. Campbell, Dunaway, Earman, Epes, Flood, < T. Gordon, Hancock, Hooker, Ingram, Moncure, O' Flaherty, Pett Portlock, Robertson, Smith, Tarry, Walker,' and Watson — 26. Noes — Messrs. Allen, George K. Anderson, Barbour, Barham, Barnes, Blair, Boaz, Cameron, Carter, Crismond, Davis. Fairfax, Flel W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hardy, Keeze Lawson, Lindsay, Lovell, Marshall, Mcllwaine, Meredith, Miller, Mao re, Mundy, Parks, Pedigo, Pollard, Quarles, Rives, Stebbins, Stu ton, Turnbull, Vincent, Willis, Wise, Withers, and Mr. President— 4^ Mr. Lincoln announced that he was paired with M who, were he present, would vote nay, and he would Leave of absence was granted the following membe Mr. HuNTON, one day, to-day, on motion of Mr. Fa Mr. Pkdigo, indefinite leave, on motion of Mr. Bris Mr. Summers, indefinite leave, on motion of Mr. L: Mr. Gillespie, four days, on motion of Mr. Marsh Mr. Garnett, one day, to-day, on motion of Mr. W Mr. Button, the Secretary, was granted one day's leave of absence, on motion of Mr. Blair. The ordinance proposed by Mr. Daniel on the sufi then taken up, and pending the consideration of w hour of two o'clock having arrived, the chair was until 4 o'clock P. M. AFTERNOON SESSION, The chair was resumed at 4 o'clock P. M. Mr. Portlock offered the following resolution, w ordered to lie on the table until to-morrow : Digitized by Google rOUHKAL OF THB CONSTITUTIONAL OONTKNTIOK. 485 id, That section 23 of the report of the Committee on .nd Taxation, as adopted by the Convention and re- the Committee on Final Revision and Adjustment, ig a reduction of the present rate of taxation on all and and lots, and the improvements thereon, and on le personal property, etc., be rescinded, isideration of the ordinance proposed by Mr. Daniel frage, was then continued. VIS moved to amend the substitute as proposed by ISPIB, by striking out in section 3, beginning in line words down to and including the word "election," in eas rejected. Lvention, on motion of Mr. Moore, of Fairfax, ad- FRIDAY, APRIL 4, 1902. avention assembled at 10 o'clock A. M. Prayer by Richard McIlwaine, of the Presbyterian church. I of the Convention was called and the following mem- present and answered to their names : lien, George K. Andereon, W. A. Anderaon, Ayers, Barboar, Bar- r H. Barnes, Thomas H. Barnes, Blair, Boaz, Boaldin, BraztoD, oke, Brown, Cameron, C. J. Campbell, P. W. Campbell, Carter, Cobb, 'avis, Dunaway, Earman, Eggleston, Kpes, Fairfax, Fletcher, Gar- e, Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, yn, Hamilton. Hancock, Hardy, Hubard, Hunton, Ingram, ClagKett r. \V. Jones, Keezell, Kendall, Law son, Lincoln, Lindsay, Lovell, [cllwaine, Meredith, Miller, Moncure, R. Walton Moore, Mandy, Parks, Pettit, Phillips, Pollard, Port lock, Qaarlee, Rives, Robertson. )in8. Tarry, Thornton, Turnbull, Waddill, Walker, Watson, Willis, reor, Yancey, and Mr. President — 80. ion of Mr. Thornton the reading of the journal was with. EKS offered the following resolution : d, That when the Convention adjourns to-day, it shall > meet again on Wednesday, the 2l8t day of May, it the Committee on Final Revision and Adjustment prions provisions of the Constitution that may be on, and upon the Schedule, be authorized to sit du- ecess, with authority to print one thousand copies of itution as finally revised by it ; and its members and U receive pay during such time as its members ac- end its sessions ; that the other members of the Con- Diiitized by CiOOQ IC 486 JOURNAL 07 THB OOKSTITUTIOKAL OONTBNTIOir. vention and its officers shall not receive pay but sh titled to mileage. Mr. BoAz moved to pass by the resolution, which y to — ayes, 42 ; noes, 25. On motion of Mr. Gordon, of Louisa, the vote was as follows : Atbb— Meisrs. Allen, W. A. Anderson, Barbour, Boai, Booldin, Bra: Carter, Cobb» Crismond, Eggleston, Epes, Fletcher, Gameti, B. T. G W. Grordon, R. L. Gtordon, Green, Gr^^orv, Gwyn, Hancock, Ha Ingram, G. W. Jones, Keezell, Lindsay, Loyell, Meredith, Millei Moore, Mandy, CFlaherty, Parks. Portlock, Riyes, Robertson, Stel Turnboll, Withers, and Mr. President— 42. Nobs— Messrs. Georee E. Anderson, Ayers^ Barham, Manly H. Ba H. Barnes, Bristow, P. W. Campbell, Davis, Donaway, Earman. more, Kendall, Lawson, Marshall, Mcllwaine, Pettit, Phillips, Poll Smith, Thornton, Walker, Willis, and Yancey— 25. Mr. Aybrs offered the following resolution : '^Resolved, That speeches upon the suffrage artich der consideration, be hereafter limited to ten mir leave to any member of the Convention to print in t any remarks he may desire to make upon the propos — which was agreed to. The unfinished business for to-day being the ordir posed by Mr. Daniel on the suffrage, was taken up. being taken on the substitute as proposed by Mr. Gi] was rejected — ayes, 5 ; noes, 66. On motion of Mr. Kebzkll the vote was recorded s Aybs— Messrs. Bristow, Davis, Earman, Mnndy, Phillips-^. Nobs— Messrs. Allen, Georse K. Anderson, W. A. Anderson, Ay Barham, Manly H. Barnes, Thomas H. Barnes, Boaz, Bouldin, Bnu Brown, P. W. Campbell, Cobb, Orismond, Donaway, Eggleston, E Fletcher, Gamett, Gilmore, Glass, B. T. Gordon, R. L. Gordon, Gr Gwyn, Hancock, Hardy, Hooker, Habard, Ingram, Glaflxett B. , Jones, Keezell, Kendall, Lawson, Lindsay, Lovell, Marshall, Mcllwai Miller, Moncare, R. Walton Moore, O'Flaherty, Parks, Pettit, Polli Qaarlee, Kives, Smith, Stebbins, Tarry, Thornton, Tamball, Wad Watson, Willis, Wise, Woodhoose, and Mr. PreBidentr-66. The following pairs were announced : Mr. Pedigo with Mr. Carter. Mr. GiLLESPiB with Mr. Richmond. The first named in each instajnce would have vol affirmative. The question then recurring on the minority rep committee, as amended by the Convention, the vote and it was adopted — ayes, 59 ; noes, 20. On motion of Mr. Turnbull the vote was record lows ; Digitized by Google JOUBNAL OF THE CONSTITUTIONAL CONVENTION. 487 Bsre. Allen, George K. Anderson, W. A. Anderson, Ay ere, Barham, arnes, Thomas H. Barnes, Bouldin, Braxton, Brown, Cameron, P. II, Carter, Cobb, Dunaway, Egeleston, Fairfax, Fletcher, Garnett, ass, B. T. Gordon, James W. Gordon, Gregory, Hancock, Hardy, oker, Hubard, Hunton, Ingram, Claggett B. Jones, G. W. Jones, idall, Lawson, Lindsay, Love 11, Meredith, Miller, K. Walton Moore, Parks, Portlock, Quarles, Rives, Smith, Stebbins, Tarry, Thornton, ^alker, Willis, Wise, Withers, Woodhouse, Wysor, Yancey, and Mr. '9. Barbour, Bristow, Brooke, C. J. Campbell, Crismond, Davis, ©en. Gwyn, Hamilton, Marshall, Mcllwaine, Moncure, Thomas L, iy, Phillips, Pollard, Summers, Waddill, and Watson— 20. lowing pairs were announced. rTiT with Mr. Robertson. JART with Mr. Pedigo. AZ with Mr. Thom. :hmond with Mr. Gillespie. R with Mr. Blair. cscoTT with Mr. Lincoln. NiEL with Mr. Gordon, of Louisa. Ks with Mr. Flood. it named in each instance would have voted in the e. ion of Mr. Glass to reconsider the vote by which the s adopted, it was decided in the negative, ion of Mr. Glass the report as adopted by the Con- as ordered to be printed and referred to the Commit- lal Revision and Adjustment of the various provisions istitution that may be agreed upon and upon the [owing amendment to the rules, as proposed by Mr. Before any action of the Convention can be rescinded, ! of the members present shall be recorded in the af- " was taken up, and on motion it was rejected — ayes, 44. ion of Mr. Turnbull the vote was recorded as fol- jsrs. Barbour, Barham, Carter, Cobb, Earman, Fairfax, Fletcher, R. jreen, Gwyn, Hardy, G. W. Jones, Keezell, Lawson, Lindsay, Mar- line, Meredith, Miller, R. Walton Moore, Mundy, Parks, Phillips, rles, Turnbull— 25. jsrs. Allen, George K. Anderson, W. A. Anderson, Ayers, Manly H. 5, Bouldin, Bristow, Brooke, P. W. Campbell, Criemond, Dunaway, letcher, Garnett, Gilmore, Glass, James W. Gordon, Gregory, Ham- ck, Hubard, Hunton, Ingram, Claggett B. Jones, Kendall, Lincoln, rare, 0' Flaherty, Pettit, Portlock, Kives, Smith, Stebbins, Tarry, 'addill, Walker, Watson, Willis, Wise, Yancey, and Mr. Presid^ut — 44, lowing pairs were announced : APMAN with Mr. Gordon, of Nelson. Digitized by Google 488 JOTJENAL OF THE CONSTITUTIONAL CONVENTIOK. Mr. Withers with Mr. Thom. The first named in each instance would have vol affirmative. The following amendment to the rules, propose TuRNBULL, was taken up : **Resolved, That the action of the Convention on last, in changing Rule 9 be, and the same is, hereby n — and on the vote being taken, it was agreed to — noes, 35. On motion of Mr. Gordon, of Louisa, the vote wai as follows ; Ayes — Messrs. Allen, Barbour, Barhain, Manly H. Barnes, Thoroj Boaz, Braxton, Bristow, P. W. Campbell, Carter, Cobb, Earnian, Fi James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hardy, Keezell, Lawson, Lindsay, Marshall, McIIwaine, Meredith, Miller Moore, Mundy, Parks, Phillips, Pollard, Quarles, Thornton, Tumbi —37. Noes— Messrs. George K. Anderson, W. A. Anderson, Ayers, Boul Crismond, Danaway, Eggleston, Epes, Fletcher, Gamett, Gilmor Hancock, Hubard, Hunton, Ingram, Claggett B. Jones, Kendally Li Moncure, O* Flaherty, Pettit, Portlock, Rives, Smith, btebbins, Tai Walker, Watson, Wise, Wysor, and Mr. President— 35. The following pairs were announced : Mr. Chapman with Mr. Gordon, of Nelson. Mr. Withers with Mr. Thom. The first named in each instance would have voi affirmative. The report of the Committee on Judiciary, in re the judge of the corporation court in cities having le^ thousand inhabitants as follows: ^'Section — . Th( the corporation court of any corporation having a cit but less than five thousand inhabitants, may reside < corporate limits ; and the same person may be judj corporation court and judge of the corporation coui other city having less than ten thousand inhabita then taken up, and on the vote being taken, it was a ayes, 60 ; noes, 13. On motion of Mr. Ayers the vote was recorded as Ayss — Messrs. Allen, George K. Anderson, W. A. Anderson, Ay Barham, Manly H. Barnes, Thomas H. Barnes, Bouldin, Braxton, 1 eron, C. J. Campbell, P. W. Campbell, Cobb, Crismond, Davis, Eai ton, Epes, Garnett, Gilmore, B. T. Gordon, James W. Gordon, R Green, Gregory, Gwyn, Hamilton, Hancock, Hardy, Hatton, Hnb Clajreett B. Jones, G. W. Jones, Kendall, Lindsay, Lovell, Marshi R. Walton Moore, Mundy, O' Flaherty, Pettit, Pollard, Portlock, 1 Tarry, Thornton, Turnbull, Waddill, Walker, Watson, Willis, Wise cey, and Mr. President — 6D. Noes — Messrs. Boaz, Carter, Dunaway, Fairfax, Glass, Hunton » Hwaine, Meredith, Miller, Phillips, Quarleb, and Stebbine— 13. Digitized by VjOOQ IC OITRNAL OP THE OONSTITtTTIONAL CONVENTION. 489 rHERs moved to discharge the Committee on Judiciary ideration of resolution No. 280. d, That section 5, article 6, of the pending Constitu- tntained in the report of the' Committee on the Ju- jpartment, adopted on the 8th day of January, 1902, e same is, hereby rescinded. 7as agreed to. IBOUR then moved to pass the resolution by, which i to — ayes, 41 ; noes, 32. !on of Mr. Turnbull the vote was recorded as fol- sre. George K. Andereon, Barbour, Barham, Manly H. Barnee, Boaz, r. Campbell, Davis, Dunaway, Earman, Epes. Fairfax, Fletcher, Gil- W. Gordon, R. L. Gt>rdon, Green, Gwyn, Hancock, Hardy» Cla^gett VV, Jones.Keezell, Lindsay, Lovell, Marshall, Meredith, Miller, Mon- >rty, Parks, Pettit, Pollard, Portlock, Rives, Turnbull, Waddill, Wal- , Yancey, and Mr. President — 41. BTs. Allen, W. A. Anderson, Avers, Bouldin, Bristow, Brooke, Brown, W. Campbell, Garter, Cobb, Crismond, Garnett, Gregory, Hamilton, »ard, Hunton, Ingram, Kendall, Lawson, Mcllwaine, R. Walton y, Phillipa, Smith, Stebbins, Thornton, Watson, Willis, Wise, and ^RLES announced that he was paired with Mr, Thom, were present, would vote in the negative, and he 5 in the affirmative. ort of the Committee on the Executive Department ion No. 288 was then taken up. RHAM called the pending question. The pending being ordered the report was rejected — ayes, 31; on of Mr. Withers the vote was recorded as follows : sre. Allen, W. A. Anderson, Ayere, Braxton, Cameron. Crismond, pes, Fletcher, Garnett, Gilmore, James W. Gordon, Gregory, Hamil- , Hatton. Hubard, Ingram, Claggett B. Jonee, Kendall, Moncure, ck, Rives, Smith, Thornton, Waddill, Watson, Willis, Wise, and srs. George K. Anderson, Barbour, Barb am, Manly H. Barnes, Barnes, Boaz, Bouldin, Bristow, C. J. Campbell, Carter, Dunaway, Earman, Fairfax, Glass, B. T. Gordon, R. L. Gor- 3wyn, Hardy, Hunton, G. W. Jones, Keezell, Lawson, Lindsay, lall, Mcllwaine, Meredith, Miller; Mundy, O^Flaherty, Parks, Phil- Quarles, Stebbins, Tarry, Turnbull, Walker, Withers, Yancey and t— 44. ►WN announced that he was paired with Mr. Wescott, were present, would vote in the negative, and he e aye. kRLEs moved to reconsider the vote by which the reso- rejected, and it was decided in the negative. 2 Digitized by Google 490 JOUBNAL OF THE OOKBTITUTIONAL OONVEKTIOK The report of the Committee on the Executive I on resolution No. 289, as follows: *'The Commit Executive Department, to which was referred reso 289, *To rescind section 12 of the Article on the Ex partment and to substitute a new section in lieu tl spectfully return herewith said resolution with the dation that it be not adopted. And the committee discharged from further consideration of resolution was then taken up, and on the vote being taken, was adopted. Mr. Stebbins moved to discharge the Committee ganization and Government of Counties from furthe ation of resolution No. 282 : Resolved, That the action of the Convention in in following words, to-wit : '* who shall not be elected for more than two consecutive terms, nor shall he deputy of his immediate successor/' in the first sec report of the Committee on the Organization and G of Counties be, and the same is, hereby rescinded. — which was agreed to. Mr. Stebbins then moved the adoption of the which motion was rejected. Mr. Parks moved to reconsider the vote by whicl lution was rejected, which was decided in the negat: By unanimous consent, at the request of Mr. An Rockbridge, the Committee on Final Revision, et structed to insert in line 39 of section 8 of the rej Committee on Judiciary, after the word ** Warwick,' ''and the city of Williamsburg.'' The resolution of Mr. Portlock rescinding sectioi Report of the Committee on Finance and Taxation taken up, and on the vote being taken it was reje* 23 ; noes, 56. On motion of Mr. Portlock the vote was recorded Atbb — Messrs. W. A. Anderson, Bristow, Brooke, Brown, Camen bell, Crismond, Dunaway, Fletcher, Hamilton, Hancock, Hatton, '. ton, Ingram, Lincoln, Mcllwaine, R. Walton Moore, O'Flabe Qoarlee, Willis, and Wysor— 28. Noes — Messrs. Allen, Greorge K. Anderson, Ayers, Barbour, Barb Barnes, Thomas H. Barnes, %lair, Boaz, Bouldin, Braxton, P. Garter, Cobb, Davis, Earman, Epes, Fairfax, Garnett, Gil more, Gh don, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn, Hi B. Jones, G. W. Jones, Keezell, Kendall, Lindsay, Lovell, Marsh Miller, Moncare, Mandy, Parks, Pettit, Phillipe, I^ollard, Rives, Si Tarry, Thornton, Tumball, Waddill, Walker, Watson, Wise, Wit and Mr. President— 56. The following pair was announced : Mr. Thom with Mr. Hooker, Mr. Thom would ha the affirmative and Mr. Hookbr in the negative. Digitized by VjOOQIC JOUBNAL OF THE CONSTITUTIONAL OONTBHTIOK. 491 EKS moved to reconsider the vote by which the reso- s rejected, which was decided in the negative. iLKER offered the following resolution : sd, That when the Convention adjourns to-day, it shall 0 meet again on Thursday, the 22d day of May, 1902, ock M. ; that the Committee on Final Revision and nt of the various provisions of the Constitution that ^reed upon, and upon the Schedule, be authorized to 1 the recess, jwith authority to print one thousand the Constitution as finally revised by it, together with lule and report of the committee, audits members and [1 receive pay during such time as its members ac- end its sessions, as well as mileage; that the other of the Convention and its officers and employees shall ^e pay, but shall be entitled to mileage. was agreed to. RBOUR offered the following resolution : id. That the Secretary of the Convention have printed ely 10,000 copies of the various articles of the Consti- agreed upon by the Convention and referred to the je on Final Revision and Adjustment, for the use of )ers, and he is also directed to send to each member 3 thereof. was agreed to. RDON, of Richmond, presented a communication from ^eant of Richmond, relating to his term of office, s referred to the Committee on Final Revision, etc. ur of two o'clock having arrived, the chair was va- il 4 o'clock P. M. AFTERNOON SESSION. ur was resumed at 4 o'clock P. M. iLKKR presented the following resolution : ;d, That the Committee on Revision be, and they are, apowered and directed to so amend the article on the s department as to provide that all the members of e be elected once every four years for a term of four e members of the House of Delegates to be elected ent provided in said article, bi-ennially for a term of ;. was agreed to— ayes, 55 ; noes, 13. don of Mr. Hatton the vote was recorded as follows : Digiti2lj by VjjOOQIC 492 JOUBNAL OT THB OOKSTITUTIOKAL OOKYXNTIOK. ATES—Meflsn. Allen, W. A. Anderson, Ayers, Barbour, B*rhmm, Be Braxton, Brown, Cameron, G. J. Campbell, Garter, Grismond, Dam Fletcher, Gramett, Gilmore, Glass, B. T. Gordon, R. L. Gordon, Gwyi Hancock, Hardy, Habard, Ingram, Claggett B. Jones, G. W. Jones, £ dall, Lindsay, Lovell, Marshall, Mcllwalne, Miller, Moncare, R. Wa Parks, Pettit, Portlock, Qaarles, Rives, Stebbins, Tarry, Thomtoi Waddill, Walker, Watson, Wise, Wysor, and Yancey— 56. Nois— Messrs. Tnomas H. Barnes, Blair, Brooke, Eannan, Eggleeti James W. Gordon, Green, Hatton, Mondy, O* Flaherty, Phillips, and Mr. Kbbzbll moved to reconsider the vote by whicl lution was adopted, which Was decided in the negativ Resolutions Nos. 277, 278, 280, and 281 were in postponed, on motion of Mr. Moore. On motion of Mr. Quarlbs the Convention adjo meet Thursday, May 22d, at 12 o'clock M. THURSDAY, MAY 22, 1902. The Convention assembled at 12 o'clock M. Praye Greorge Cooper, D. D., of the Baptist church. The roll of the Convention was called and the follow bers were present and answered to their names : Messrs. Allen, George E. Anderson, W. A. Anderson, Barbour, Barhi Barnes, Thomas H. Barnes, Blair, Boaz, Boaldin, Bristow, Brooke, I eron, Carter. Cobb, Daniel, Dunaway, Earman, Eflrgleston, Epes, Fairfi Gamett, Gilmore, Glass, James W. €k)rdon, R. L. Gordon, Grec Hamilton, Hancock, Hatton, Hooker, Ingram, Claggett B. Jones, C Kendall, Lawson, Lincoln, Lindsay, Marshall, Mcllwaine. Mereditt Moore, Thomas L. Moore, Mandy, Orr, Fediiro, Pettit, Phillips, Polla Richmond, Rives, Robertson, Stebbins, Tarry, Thom, Thomtoii Waddill, Walter, Watson, Willis, Wise, Yancey, and Mr. Preeident- On motion of Mr. Boaz the reading of the journal pensed with. Leave of absence was granted the following membe Mr. HuBARD, indefinite leave, on motion of Mr. M< Mr. HuNTON, indefinite leave, on motion of Mr. Fa Mr. Wysor, four days, on motion of Mr. Anderson bridge. Mr. WooDHOusE, indefinite leave, on motion of ^ LOCK. Mr. Davis, three days, on motion of Mr. And] Rockbridge. Mr. Gregory, one day, to-morrow, on motion of Mr The President laid before the Convention the ppnamunication : 1 Digitized by Google JOURNAL OF THE CONSTITUTIONAL CONVENTION. 493 Jarratt, Va., May 22nd, 1902. Goode, Richmond, Va.: •Sir: Owing to sickness in my family I will not be ae over this morning. Hope that under the circum- rill be readily excused. With best wishes, I am, Very truly yours, G. L. Vincent. >ERsoN, of Rockbridge, chairman of the Committee Revision and Adjustment of the various provisions of bution, and upon the Schedule, made a report which fd to lie on the table and be printed. riEL, from the Committee on Final Revision, etc., following resolution : I, by the Convention, That the Convention do pro- vith to consider the following question, viz : ''Shall tution framed by this body be submitted to the whole as now constituted, for ratification or rejection?" If on be decided in the negative, then this body shall le question : *' Shall the Constitution framed by this bmitted to the electorate provided for in said Con- 'or ratification or rejection?" If this question be de- e negative, then thip body shall consider the ques- all the Constitution framed by this body be ordained Qvention?" until 1 : 30 o'clock the 29th day of May, debate shall ' upon the three questions above stated, and they len to amendment ; that their debate shall close and ! taken upon each question in the order named, un- □aative vote in favor of one or another of the propo- ore the Convention. as soon as the decision of the Convention is reached, ipon the subject shall be referred to the Committee I Revision, etc., and Schedule, which shall thereupon oon as practicable a proper provision of the Consti- Df ordinance, to execute the will of the Convention d by such decision. NBULL moved to lay the resolution on the table un- ow, which motion was rejected — ayes, 29 ; noes, 38. lis motion the vote was recorded as follows : ira. George K. AnderBon. Manly H. Barnes, Blair, Boaz, Bouldin, ►ke. Brown, Carter^ Cobb, Egpleston, Epes, Garnett, Green, Han- , G. W, Jones, Marshall, Meredith, Thomas L. Moore, Pedigo, Port- on, Tarry, Tumbuli, Walter, Watson, Wise, and Yancey— 29. Digitized by Google 494 JOtmNAL OF THB CONSTITUTIONAL CONVENTION. Nosa— Messrs. Allen, W. A. Anderson, Barbour, Barham, Thomaa Cameron, Daniel, Dunaway, Earman, Fairfax, Fletcher, Gilmore, Gordon, R. L. Gordon, Gregory, Hamilton, Hatton, HooKer, Clagge Kendall, Lawson, Lindsay, Mcllwaine, R. Walton Moore, Mundy, Phillips, Pollard, Richmond, Rivee, Stebbins, Thorn, Thornton, Wad and Mr. President— 38. Mr. McIlwaine moved to strike out "29th" in sect] insert **27th.'' — which was rejected — ayes, 15 ; noes, 40. On motion of Mr. Lindsay the vote was recorded as ft>' 4 a YBS— Messrs. Barbour, Barham, Thomas H. Barnes, Dunawaj James W. Gordon, Claggett B. Jones, Lawson, Lindsay, Mcllwaine, Pollard, Richmond, and Thorn— 15. NoBss— Messrs. Allen, George K. Anderson, W. A. Anderson, Manly Blair, Boaz, Bouldin, Bristow, Brooke, Brown, Cameron, Carter, Cc Earman, Eggleston, Epes, Fairfax, Garnett, Gilmore, R. L. Gord Gregory, Hamilton, Hancock, Hatton, Hooker, Ingram, Kendall, Lii hall, Meredith, R. Walton Moore, Thomas L. Moore, Mundy, Pedis Portlock, Rives, Robertson, Stebbins, Tarry, Thornton, Tumbul Walter, Willis, Wise, Yancey, and Mr. President— 50. The vote was then taken on the resolution as pro] Mr. Daniel, and it was adopted. Mr. MooRE, of Fairfax, offered the following resolu '^Resolved, That when the Convention adjourns t adjourn to meet each day at 10 o'clock A. M., take a 2 o'clock P. M., re-assemble at 4 o'clock P. M., and a< 6 o'clock P. M." — which was agreed to. Mr. Brown moved '*That the Secretary be instructe the Constitution as referred by the Convention to the tee on Final Revision, etc., and the Constitution as by said committee, printed in parallel columns." Mr. Barbour called the pending question. The question being ordered, the resolution was agreed i 34 ; noes, 17. On motion of Mr. Barbour the Convention adjourn FRIDAY, MAY 23, 1902. I The Convention assembled at 10 o'clock A. M Rev. Dr. P. B. Price, of the Presbyterian church. The roll of the Convention was called and the followi bers were present and answered to their names : Digitized by Google JOTTBNAL OF THB CONSTITUTlOKAL CONVBNTION. 495 n, George K. Anderson, W. A. Anderson, Barbour, Barbam, Manly lomas H. Barnes, Blair, Boaz, Boaldin, Braxton, Bristow, Brooke, ron, P. W. Campbell, Carter, Chapman, Cobb, Daniel, Uunaway, I, Fletcber, Flood, Gamett, Gilmore, Gillespie, Glass, James W. J. Gordon, Green, Gwyn, Hancock, Hardy, Harrison, Hatton, am, Clagf^ett B. Jonen, G. W. Jones, Keezell, Kendall, Lawson, say, Lovell, Marshall, Mcllwaine, Meredith, Moncure, R. Walton is L. Moore, Mundy, O' Flaherty, Orr, Parks, Pedijjo, Pettit, Phil- Portlock, Quarles, Richmond, Rives, Robertson, Stebbins, Tarry, )all, Waddill. Walker, Walter, Wateon, Wescott, Willis, Wise, :ey, and Mr. President — 80. rnal of yesterday's proceedings was read and ap- siDENT stated that the order of the day was the reso- [r. Daniel adopted yesterday, and it was taken up. 3 consideration, Mr. Barbour moved to adjourn un- 'ow at 10 o'clock, which was rejectd — ayes, 27 ; aotion of Mr. Keezell, the vote was recorded as re. Barbour, Manly H. Barnes, Blair, Bouldin, Bristow, BrowD, P. Carter, Cobb, Fletcher, Garnett, Gwyn, Hamilton, Hancock, In- , Marshall, Meredith, Thomas L. Moore, 0' Flaherty, Pedigo, Port- Rives, Robertson, Tarry, and Wise— 27. rs. George K. Anderson, Boaz, Chapman, Daniel, Dunaway, Eg- Gilmore, Gillespie, James W. Gordon, R. L. Gordon, Green. Hardy, :er, G. W.Jones, Keezell, Lawson, Lovell, Mcllwaine, Moncure, Parks, Pettit, Pollard, Richmond, Stebbins, Thorn, Tumbull, Wad- Willis, and Withers— 34. yn of Mr. Barbour the Convention adjourned. SATURDAY, MAY 24, 1902. vention assembled at 10 o'clock A. M.,Mr. Barbour r. Prayer by Rev. Dr. E. N. Calisch, of Beth Ahaba of the Convention was called and the following mem- present and answered to their names : m, George K. Anderson, W. A. Anderson, Barbour, Barham, Manly lomas H. Barnes, Blair, Boaz, Bouldin, Braxton, Bristow, Brooke, Campbell, Carter, Chapman, Daniel, Dunaway, Earman, Eggleston, r. Flood, Garnett, Gilmore, Glass, James W. Gordon, R. L. Gordon, ry, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Ingram, ones, G. W. Jones, Keezell, Kendall, Lawson, Lindsay, Lovell, [Iwaine, Meredith, Moncure, R. Walton Moore, Mundy,0* Flaherty, 3digo, Pettit, Phillips, Pollard, Portlock, Richmond, Rives, Robert- lom, Thornton, Waddill, Walker, Walter, Watson, Wescott, Wise, Yancey— 73. Digitized by GoogI 496 JOtTBKAL OP THE CONSTITUTIONAL CONTENTION. 4 Leave of absence was granted the following membei Mr. GooDE, one day, to-day, on motion of Mr. Brov Mr. GwYN, one day, to-day, on motion of Mr. Mars Mr. TuRNBULL, one day, to-day, on motion of Mr. E Mr. Thornton, one day, Monday, on motion of Mr. Mr. Hooker, three days, on motion of Mr. Camp Washington. Mr. Daniel, one day, on his motion. Mr. Stuart, three days, on motion of Mr. Ande Rockbridge. Mr. Cameron, one day, to-day, on motion of Mr. Aj of Rockbridge. Mr. Fairfax, one day, to-day, on motion of Mr. Ro Mr. Stebbins, three days, beginning to-day, on n Mr. Bouldin. Mr. Gillespie, one day, to-day, on motion of Mr. P Mr. Quarles, one day, to-day, on motion of Mr. Po Mr. PoRTLocK, three days, on motion of Mr. Hatto] Mr. Walker moved that when the Convention ad- day, it adjourn to meet Monday, at 12 o'clock M. — which was agreed to. The further consideration of the resolution proposed Daniel, being the unfinished business, was taken up. its consideration Mr. Roberston moved to adjourn, w rejected — ayes, 23; noes, 34. — and on motion of Mr. Lindsay, the vote was record( lows. Ayes — Messrs. Allen. Manly H. Barnes, Blair, Bristow, Brooke, Brc Flood, Garnett, Green, Gregory, Hancock, Ingram, Mundy, O'Flal lock, Richmond, Rives, Robertson, Thorn, Waddill, Wise, and Yance Noes— Messrs. George K. Anderson, W, A. Anderson, Barb am, ' Barnes, Boaz, Bouldin, P. W. Campbell, Chapman, DanieK Buuawa Epes, Gilmore, R. L. Gordon, Hamilton, Hardy, Hatton, Claggett 1 W. Jones, Keezell, Lawson, Lindsay, Lovell, McUwaine, Orr, Pa Phillips, Pollard, Tarry, Thornton, Walker, Wescott, and Withers — 3 The Convention then, on motion of Mr. Campbell, ington, adjourned. Digitized by Google NAL OT THB OOKSTITUTIOKAL OONYXNTIOK. 497 MONDAY, MAY 26, 1902. ion assembled at 12 o'clock M. Prayer by Rev. AWAY, of the Baptist church, le Conyention was called and the following mem- nt and answered to their names : orge K. Anderson, W. A. Anderson, Ayers, Barboar, Barham, ["homas H. Barnes, Blair, Boaz, Boaldin, Braxton, Brooke, mpbell, Carter, Chapman, Cobb, Crismond, Danaway, £ar- les, Fletcher, Gamett, Gilmore, Gillespie, James W. Gordon, ^ry, Gwyn, Hamilton, Hancock, Hardy, Harrison, Ingram, G. W. Jones, Kendall, Lawson, Lincoln, Lindsay, I^vell, B, Meredith, Moncnre, 0*Flaherty, Orr, Parks, Pedigo, Pettit, larles, Richmond, Rives, Robertson, Tarry, Thom, Tnmbnll, Salter, Wescott, Wise, Withers, Woodhouse, Wysor, Yancey, 71. ince was granted the following members : , three days, on motion of Mr. Garnett. ., three days, on motion of Mr. Garnktt. >ne day, to-day, on motion of Mr. Ingram. SfT laid before the Convention a petition from circuit court of Fauquier county, and other cir- 3, in regard to their tenure of office as fixed by hedule to the amended Constitution, which was Committee on Final Revision, etc. MOND, Gilmore and Bouldin presented peti- ilerks of the circuit and county courts of Scott, Halifax counties, relating to the tenure of their i>y the proposed Schedule to the amended Con- L were referred to the Committee on Final Re- onsideration of the resolution proposed by Mr. ihe unfinished business, was taken up. Pend- ation the chair was, on motion of Mr. Walker, o'clock P. M. AFTERNOON SESSION. ffT resumed the chair at 4 o'clock P. M. ition of the resolution proposed by Mr. Daniel Mr. Thom the Convention adjourned. Digitized by 498 JOURNAL OF THE CONSTITUTIONAL CONVENTION, TUESDAY, MAY 27, 1902. The Convention assembled at 10 o'clock A.M. P Rev. Dr. Richard McIlw aine, of the Presbyterian ch The roll of the Convention was called and the members were present and answered to their names : Messrs. Allen, W. A. Anderson, Ayers, Barbour, Barham, Thouias Blair, Boaz, Bouldin, Braxton, Brooke, Cameron, P. W. Campbell, C man, Cobb, Crismond, Daniel, Davis, Dunaway, Earman, Egglei Fletcher, Garnett, Gilmore, Gillespie, James W. Gordon, R. L. Gor Gregory, Gwyn, Hancock, Hardv, Harrison, Hatton, Ingram, Ciagge G. W. Jones, Kendall, Lawson, Lincoln, Lindsay, Lovell, Marshall, Meredith, Moncure, R. Walton Moore, Mundy, 0' Flaherty, Orr, Pai Fettit, Phillips, Pollard, Portlock, Quarles, Richmond, Rives, Robert Thom, Thornton, Turnbull, Waddill, Walker, Walter, Wataon, Wef Withers, Woodhouse, Wysor, Yancey, and Mr. President — 76. Leave of absence was granted the following membe Mr. Tarry, one day, to-day, on motion of Mr. Gill Mr. Brown, one day, to-day, on motion of Mr. Gc Richmond. Mr. Blair presented a petition from the circuit an court clerks of Wythe county, relating to the tenure office as fixed in the proposed Schedule to the amen stitutioU; which was referred to the Committee on I vision, etc. Mr. Thornton offered the following resolution ai that it lie on the table until to-morrow, which was agi ** Resolved, That the Supreme Court of Appeals of be, and is, hereby requested to give its opinion in w: the earliest time practical, as to the authority of the tional Convention to proclaim the proposed Constituti The resolution proposed by Mr. Daniel, being the u business, was taken up. Pending its consideration J RisoN moved to adjourn, which was rejected. Mr. Dunaway moved the chair be vacated until ^ this afternoon, which was rejected. Mr. Dunaway moved to rescind the resolution pro Mr. Daniel, under which the Convention is workinj was rejected — ayes, 23 ; noes, 43. — and on motion of Mr. Lindsay, the tote was record lows : Aybs — Messrs. Ayers, Barham, Thomas fl. Barnes, Boaz, Crismon( Gilmore, Gillespie, Hardy, Hatton, Claggett B. Jones, G. W. Jone Lindsay, Loveli, Mcllwaine, Meredith, Orr, Pettit, Richmond, Tumbi: and Woodhouse — 23. Noes — Messrs. Blair, Bouldin, Braxton, Brooke, Cameron, P. W. Carter, Cobb, Daniel, Davis, Dunaway, Earman, Eggleston, Epes, Gar Digitized by Google JOURKAL OF THB CONSTITUTIONAL CONTENTION. 499 , R. L. Gordon, Green, Gregory, Hancock, Harrieon, Ingram, Kendall, oncure, R. Walton Moore, Mundy, O'Flaherty, Parks, Phillipe, Pol- ock, Qaarles, Rivee, Robertson, Thorn, Thorton, Waddill, Walter, escott, Wyeor, and Mr, President — 43. i.RTER moved to adjourn, which was rejected — ayes, ;, 32, .AIR moved to reconsider the order of the vote on resolu- )osed by Mr. Daniel and adopted by the Convention, as rejected. )RDON, of Eichmond, moved to adjourn, which was ALKER moved to take a recess until 4 o'clock this af- which was agreed to — ayes, 33 ; noes, 32. motion of Mr. Lindsay the vote was recorded as fol- gssrs. W. A. Anderson, Ayers, Blair, Boaz, Bouldin, Braxton, Chap- Crismond, Daniel, Dunaway, Epes, Fletcher, Garnett, Gilmore, R. L. een, Gregory, G. W. Jones, Lincoln, Lovell, Mundy, Orr, Pettit, Ichmond.Turnbull, Waddill, Walker, Weeeott, Withers, Yancey, and int— 33. issrs, Barham, Thomas H. Barnes, Brooke, Carter, Davis, Earman, ames W. Gordon, Hancock, Harrison, Hatton, Ingram, Claggett B. 3on, Lindsay, Mcllwaine, Meredith, R. Walton Moore, O* Flaherty, iKO, Phillips, Pollard, Quarles, Rives, Robertson, Thorn, Thornton, tson, Woodhouse, and Wysor— 32. air was then vacated until 4 o'clock this P. M. AFTERNOON SESSION. ►nvention assembled at 4 o'clock P. M. of absence was granted Mr. Hamilton, three days, on I Mr. Robertson. iDERsoN, of Alleghany, was excused for his absence morning session, on motion of Mr. Parks. solution proposed by Mr. Daniel, being the unfinished was taken up. Pending its consideration, the Con- on motion of Mr. Campbell, of Washington, ad- Digitized by Goos 500 jOnHKAL OT THI OOKSTITDTIOHAL OOKyiNTIOir. I| WEDNESDAY, MAY 28, 1902. The Convention assembled at 10 o'clock A. M. 1 Rev. Dr. Richard McIlwainb, of the Presbyterian cl The roll of the Convention was called and the members were present and answered to their names : Messrs. Allen, George K. Anderson, W. A. Anderson, Ayers, B ham. Manly H. Barnes, Thomas H. Barnes, Blair, Boaz, Braxton, Bro P. W. Campbell, Carter, Chapman, Cobb, Crismond, Daniel, DaTii Earman, Egsieeton, Epes, Fletcher, Flood, Gilmore, Gillespie, Glasi don, James W. Gordon, R. L. Gordon, Green, Gregory, Gwyn,Han4 Harrison, Hatton, Ingram, Clagsett B. Jones, G. W. Jones, Kendi Lincoln. Lindsay, LoTell, Marshall, Mcllwaine, Meredith, Moncnre Moore, ' Mnndv, O' Flaherty, Orr, Parks, Pedigo, Pettit, Phiili Portlock, Qaarles. Richmond, Rives, Robertson, Smith, Tarry, Thon Tumbnll, Waddill, Walker, Waiter, Wesoott, Willis, Withers, Wy and Mr. JPresident— 79. Leave of absence was granted the following membe Mr. Garnett, two days, beginning to-day, on moti Barnes, of Nansemond. Mr. Watson, one day, to-day, on motion of Mr. G< Louisa. Messrs. Ayers, Portlock, and Tarry presented from the county and circuit court clerks of Scott, Nor Mecklenburg counties, relating to the tenure of their fixed in the Schedule as proposed to the amended Coc which was referred to the Committee on Final Revisit The resolution proposed by Mr. Daniel, being the i business, was taken up. Mr. O'Flaherty moved to adjourn, which was rejc Mr. Robertson moved the chair be vacated until which was rejected. Mr. MooRE, of Fairfax, offered the following n which was agreed to : Resolved, That upon the final adjournment of the tion, the Secretary deliver to the authorities of the U for use in its law library, a set of the American Co and the New York Annotated Constitution. Mr. Barbour moved to adjourn, which was rejectee Mr. OTlahbrty moved that the chair be vacate< o'clock, which was rejected. On motion of Mr. Gordon, of Richmond, the Convi journed. 1 Digitized by Google JOUENAIi OF THE CONSTITUTIONAL CONVENTION. 501 THURSDAY, MAY 29, 1902. ivention assembled at 10 o'clock A. M. Prayer by Richard McIlwaine, of the Presbyterian church. I of the Convention was called and the following mem- present and answered to their names : len, George K. Anderson, W. A, Anderson, Ayers, Barbonr, Barbam, Barnes, Thomas H. Barnes, Blair, Boaz, Bolen, Braxton. Bristow, wn, Cameron. C. J. Campbell, P. W. Campbell, Carter, Chapman, ond, Daniel, Davis, Dunaway, Eaiman, Eggleston, Epes, Fletcher, ?tt, Gilmore, Gillespie, Glass, B. T. Gordon, James W, Gordon, R. Jreen, Gregory, Gwyn, Hancock, Hardy, Harrison, Hatton, Hooker, ggett B. Jones, G. W. Jones, Keezell, Kendall, Lawson, Lincoln, veil, Marshall, McIlwaine, Meredith, Moncure, R. Walton Moore, loore, Mundy, 0*Flahertv, Orr, Parks, Pedigo, Pettit, Phillips, Pol- ek, Qaarles, Richmond, Rives, Robertson, Smith, Stebbins, Sum- , Thom, Thornton, Turnbull, Waddill, Walker, Walter, Wataon, Ilia, Wise, Withers, Woodhouee, Wysor, Yancey, and Mr. Presi- EsiDENT laid before the Convention petitions from the drcuit courts of Bedford, Amherst, Accomac, Norfolk, City, Southampton, Washington, Montgomery, , Shenandoah, Rockingham, Augusta, and Rock- mties, relating to the tenure of their offices as fixed ledule to the amended Constitution, which were re- he Committee on Final Revision, etc. 3M offered the following resolution, to be considered esolution proposed by Mr. Daniel, and adopted by intion : d, That when the Constitution shall have been com- nsed and amended by this Convention, it shall, in its id amended form, be certified, under the hand of the of this Convention, attested by the Secretary, to the ssembly, in order that the General Assembly may 1 measures as it may deem proper for submitting the Bd and amended Constitution to the people of this realth for ratification or rejection. Dlution proposed by Mr. Daniel, being the unfinished was taken up. ►me time passed in its consideration, Mr. Lindsay extend the time to take the vote from 1 : 30 o'clock clock P. M., which was agreed to — ayes, 52 ; noes, 30. his motion the vote was recorded as follows : tsrs, Allen, W. A. Anderson, Ayers, Barbour, Blair, Braxton, Bristow, wn, C. J. Campbell, Carter, Chapman, Daniel, Davis, Earman, pes. Flood, Garnett, Gilmore, K. L. Gordon, Green, Gwyn, Han- 3n, Ingram, Keezell, Kendall, Lindsay, Lovell, Meredith, Moncure. Digitized by Gool 502 JOURNAL OF THB CONSTITUTIONAL CONVENTION. R. Walton Moore, Thomas L. Moore, Mundy, O* Flaherty, Parks, 1 lock, Quarles, Richmond, Rives, Robertson, Stebbins, Summers, Tai Walter, Wataon, Willis, Wysor, and Yancey — 52. Noes— Messrs. George K. Anderson, Barham, Manly H. Barnes, Barnes* Boaz, Bolen, P. W. Campbell, Cobb, Crismond, Dunawa B. T. Gordon, James W. Gordon, Gregory, Hatton, Hooker, Claggi G. W. Jones, Lincoln, Mcllwaine, Orr. Pettit, Phillips, Pollar Walker, Wescott, Withers, Wood house, and Mr. President— 30. Mr. Flood offered the following amendment to the proposed by by Mr. Daniel. Resolved, That the Constitution framed by this bo mitted to such electorate as this body may determine cation or rejection. If this question is decided in the affirmative, then shall consider the question : '* Shall the Constitution this body be submitted to the whole electorate as n( tuted for ratification or rejection?'* If this last ques cided in the negative, then this body shall consider tion : ** Shall the Constitution framed by this body I: ted to the electorate provided for in said Constitutioi fication or rejection?*' If the first question is decid negative, then this body shall consider the questior the Constitution framed by this body be ordained by vention?" Mr. Keezell offered the following amendment to t ment proposed by Mr. Flood : Resolved, That the roll shall be called, and as each name is called he shall announce his vote, either fo sion to the present electorate, for submission to the provided under the proposed new Constitution, or i mation, as he may elect. If, at the conclusion of the roll call, neither of thi sitions receive the votes of a majority of all the elected to the Convention, then the proposition rec* least number of votes shall be dropped, and the vot< taken as between the remaining two propositions, tl ceiving the votes of a majority of all elected to preva Pending the consideration of the resolution propos Daniel, the hour of two o'clock having arrived, the vacated until 4 o'clock P. M. AFTERNOON SESSION. The resolution proposed by Mr. Daniel, being the business, was taken up. Pending its consideration j Digitized by Google JOURNAL OF THE CONSTITUTIONAL CONVENTION. 503 P. M., having arrived, Mr. McIlwainb moved to ex- time five minutes, to which Mr. Gordon, of Louisa, i a substitute, the time be extended 30 minutes, which ras rejected. The motion to extend the time five min- then agreed to. .GOD withdrew his amendment in favor of the amend- tposed by Mr. Kekzell. lestion then recurring on the amendment proposed by zell, the vote was taken and it was rejected — ayes, ,47. motion of Mr. Keezell the vote was recorded as fol- ifisrs. Allen, W. A. Anderson, Manly H. Barnes, Blair, Bolen, Brax- HT, Brooke, Cameron, C. J. Campbell, P. W. Campbell, Chapman, nan, Eggleston, Flood, Gilmore, Gwyn, Hancock, Harrison, In^^am, Qcoln, Marshall, Moncure, E. Walton Moore, Thomas L. Moore, Pedigo, Pettit, Phillips, Richmond, RiveB, Robertson, Smith, Sum- i, Thornton, Waddill, Wise, and Wyeor — 41. jssrp. Ayers, Barbour, Barham, Thomas H. Barnes, Boaz, Brown, b, Crismond, Dunaway, Epes, Fletcher, Garnett, Glass, B. T. Gordon, Gordon, R. L. Gordon, Green, Gregory, Hardy, Hatton, Hooker, Jones, G.W.Jones, Kendall, Laweon, Lindsay, Lo veil, McJlwaine, lundr, Orr, Parks, Pollard, Portlock, Quarles, Btebbins, Tarry, Turn- er, Walter, Watson, Willis, Withers, Woodhouse, Yancey, and Mr. 47. [lowing pairs were announced : ^^DERSON, of Alleghany, with Mr. Millkr. ^MILTON with Mr. Wkscott. St named in each instance would have voted in the le, lestion then recurring on the resolution proposed by [EL, the vote was taken on the first proposition con- the resolution, and it was rejected — ayes, 33 ; noes, 52. tion of Mr. Turnbull the vote was recorded as fol- jBsrs. Allen, W. A. Anderson, Blair, Bolen, Bristow, Brooke, C. J. P. W. Campbell, 'Chapman, Crismond, Davis, Karman, Flood, Gil- 1, Hancock, Harrison, Keezell, Lincoln, Marshall, Thomas L. Moore, Pedigo, Pettit, Phillips, Portlock, Rives, Robertson, Smith, Sum- i. Wise, and Wysor— 33. fssrs. Ayers, Barbour, Barham, Manly H. Barnes, Thomas H. Barnes, ton, Brown, Cameron, Carter, Cobb, Dunaway, E«;le8ton, Epes, arnett, Glass, B. T. Gordon, James W. Gordon. R. L. Gordon, Green, tardy, Hatton, Ingram, Claggett B. Jones, G. W. Jones. Kendall, ndsay, Lovell, Mcllwaine, Meredith, Moncure, Mundy, Orr, Parks, larles, Richmond, Stebbins, Tarry, Thornton, Tambull, Walker, ^tson, Willis, Withers, Woodhouse, Yancey, and Mr. Fr^si^ent— 52. f I Digitized by Google 504 JOUBNAL OF THB OONSTITUnOlTiLL OONVBNTIOV. The following pairs were announced : Mr. Danibl with Mr. Hunton. Mr. Moore, of Fairfax, with Mr. Fairfax. Mr. Waddill with Mr, Bouldin. Mr. Hooker with Mr. Wescott. Mr. Anderson, of Alleghany, with Mr. Miller. Mr. Gillespie with Mr. Stuart. Mr. Hamilton with Mr. Wescott. The first named in each instance would haye vol affirmative. I The vote was then taken on the second proposition in the resolution, and it was rejected — ayes, 24 ; noe On motion of Mr. Withers the vote was recorded t Atbb — Meesra. Manly H. Bamee, Bolen, Brooke, CameroD, G. . Chapman, Epee, Glass, Gwyn, Hancock, Harrison, Hooker, Infi Moncnre, Pettit, Pollard, Portlock, Rives, Smith, Thorn, Thornton, Wise— 24. Nois— Messrs. Allen. George K. Anderson, W. A. Anderson, Ay< Thomas H. Barnes, Blair Boaz, Braxton, Bristow, Brown, P. \ Carter, Cobb, Crismond, Davis, Donaway, Efrf^leston, Fletcher, Fl< Gilmore, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, Ha B. Jones, G. W. Jones, Keezell, Kendall, Lawson, Lincoln, Lindsa Mcllwaine, Meredith, Thomas L. Moore, Mundy, O'Flaherty, Phillips, Qaarles, Richmond, Robertson, Btebbins, Tarry, Tamb Walker, Waiter, Willis, Withers, Woodhouse, Wysor, Yancey, ai dentr-68. The following pairs were announced : Mr. Ayers with Mr. Vincent. Mr. HuNTON with Mr. Daniel. Mr. Gregory with Mr. Bouldin. Mr. Moore, of Fairfax, with Mr. Fairfax. Mr. Hamilton with Mr. Wescott. The TOte was then taken on the third proposition in the resolution, and it was adopted — ayes, 47 ; noe On motion of Mr. Withers the TOte was recorded i Ayis— Messrs. Ayers, Barbour, Barham, Thomas H. Barnes, B Brown, P. W. Campbell, Garter, Cobb, Danaway, Eggleston, Fietc B. T. Gordon, James W. Gordon, R. L. Gk)rdon, Green, Gregory, EL Ingram, Claggett fi. Jones, G. W. Jones, Kendall, Lawson, Lindsay Ilwaine, Meiidith, Mundv, Orr, Parks, Pollard, Qaarles, Richmo Tarry, Thornton, Tumbnll, Walker, Walter, Willis, Withers, Woo< cey, and Mr. President— 47. Noes— Messrs. Allen, W. A. Anderson, Manly H. Barnes, Blur, B< Brooke, Cameron, C. J. Campbell, Chapman, Crismond, Davis, £ Flood, Gilmore, Gwyn, Hancock. Harrison, Hooker, Keezell, Linoo Moncure, Thomas L. Moore, O'Flahertv, Pedigo, Pettit, Phillips, Po Robertson, Smith, Summers, Thom, Watson, Wise, and Wysor^-38 ^ Digitized by Google JOimNAL OF THE CONSTITUTIONAL CONVENTION. 506 lowing pairs were announced : [LLER with Mr. Anderson, of Alleghany. JNTON with Mr. Daniel. DART with Mr. GiLLESPIB. JRFAX with Mr, Moore, of Fairfax. iuldin with Mr. Waddill. EscoTT with Mr. Hamilton. ^ St named in each instance would have voted in the re. [THKRs moved to reconsider the vote by which the >position contained in the resolution was adopted, ts decided in the negative. )ORE, of Fairfax, offered the following resolution : 3d, That as it has been determined to proclaim the ion, provision should be made for its recognition, 'pted, by the political departments of the government, at end, the General Assembly shall be convened at an was agreed to, and the resolution as adopted was re- the Committee on Final Revision, etc. ird proposition in the resolution proposed by Mr. nd adopted by the Convention as follows : *' Shall the ion framed by this body bo ordained by this Conven- es then referred to the Committee on Final Revision, lion of Mr. Withers the Convention adjourned. FRIDAY, MAY 30, 1902. nvention assembled at 10 o'clock A. M. Prayer by Jere Witherspoon, of the Presbyterian church. 11 of the Convention was called and the following were present and answered to their names : lien, George K. Anderson, W. A. Anderson, Ayers, Barbour, Manly Thomas H. Barnes, Blair, Boaz, Bolen, Bouldin, Braxton, Bristow, )wn, P. W. Campbell, Carter, Chapman, Cobb, Crismond, Daniel, I way, Earraan, Eggleston, Kpea, Fletcher, Flood, Garnett, Gilmore, Gordon, James W. Gordon. R. L. Gordon, Green, Gregory, Gwyn, [ardy, Hatton, Hooker, Inj?ram, Claggett B. Jones, G. W. Jones, mdall, Lincoln, Lindsay, Lovell, Marshall, Mcllwaine, Meredith, U AValton Moore, Mundy, Orr, Parks, Pedigo, Pettit, Phillips, Pol- 3k, Quarles, Richmond, Rives, Robertson, Smith, Stebbins, Summers, n, Thornton, Turnbull, Waddill, Walker, Walter, Wescott, Willis, ere, VVoodhouse, Wysor, Yancey, and Mr. President — 84. 64 Digitized by Google 506 JOURNAL OF THE CONSnTUTIONlL CONTSNTIOK. Leave of absence was granted the following memb Mr. Harrison, four days, beginning to-day, on Mr. Allen. Mr. Wescott, three days, beginning to-day, on Mr. Green. Mr. OTlaherty, two days, beginning to-day, on Mr. Richmond. Mr. Yancey, two days, on motion of Mr. Gordoi son. Mr. Thornton, two days, on motion of Mr. Rives. Mr. Phillips, two days, on motion of Mr. Keszbl Mr. Watson, two days, beginning to-day, on moti Ingram. Mr. PoRTLocK, one day, on motion of Mr. Hatton Mr. Lawson, four days, on motion of the Prksidei Mr. Barham, three days, beginning to-day, on mot Parks. Mr. Stuart, indefinite leave, on motion of Mr. i of Rockbridge. Mr. Barbour oflFered the following resolution : '^Resolved, That in considering the draft of the ne tutio^, as reported from the Committee on Revision i ule, speeches be limited to three minutes." — which was agreed to. Mr. Anderson, of Rockbridge, chairman of the ( on Final Revision, etc., made a report of the Const revised by the committee, and on his motion, the i suspended, and it was ordered to be taken up by th tion and considered section by section. Article I taken up ; all the sections down to section 8 were res Mr. DuNAWAY moved that section 8, as reported committee, be struck out, and the section as re fen committee by the Convention be inserted in lieu ther was rejected. Mr. Anderson, of Rockbridge, moved to strike out '*men," in line 27, section 8, which was agreed to. Sections 9 and 10 were then read. Mr. Robertson moved to strike out the word **juri< 5, section 11, and insert in lieu thereof the word which was agreed to. Mr. QuARLEs moved to insert after the word "maj 3, section 12, the word ''freely," which was agreed 36; noes, 24. On motion of Mr. Quarles the vote was recorded i Ayes— Messrs. Allen, George K. AnderBon, W. A. AndersoD, Ayi Manly H. Baraks, Bolen, Braxton, Bristow, Brown, Grismond, I Digitized by Google lUBNAL OP THE CONSTITUTIONAL CONVENTION. 507 er, B. T. Gordon, James W. Gordon, Hancock, G. W. Jones, n, Lovell, Marshall, R. Walton Moore, Mundy, Parks, Pettit, 3, Richmond, Rives, Smith, Summers, Turnbull, AVaddill, and Boaz, Bouldin, Brooke, P. W. Campbell, Carter, Dunaway, R, L. Gordon, Green, Gregory, Gwyn, Hardy, Hatton, Ingram, line, Orr, Portlock, Robertson, Stebbins, Wescott, Willis, and 3, 14, 15, 16, and 17 were then read, was then taken up, was then read. was then read, and Mr. Anderson, of Rockbridge, nraittee, offered the following as a substitute for >-division of this section : . who owns property upon which, for the year next at in which he oflFers to register, State taxes aggre- ist one dollar, have been paid, or" CER called the pending question. The pending iig ordered, it was agreed to — ayes, 38 : noes, 21. L of Mr. Gordon, of Louisa, the vote was recorded . W. A. Anderson, Ayers, Manly H. Barnes, Thomas H. Barnes, ildin, Bristow, Cobb, Daniel, Davis, Earman, Eggleston, Gilmore, ireen, Gregory, Gwyn, Hancock, Hooker, Claggett B, Jones, G. sell, Kendall, Meredith, R. Walton Moore, Mundy, Orr, Parks, Richmond, Smith, Stebbins, Summers, Waddill, and Withers — 38. . Barbour, Brown, Carter, Crismond, Dunaway, Epes, Garnett, >n, R. L. GordoUj Hatton, Lincoln, Lindeav, Lovell, Mcllwaine, Thom, Turnbull, Walker, Wescott, and Wi'ilis— 21. 5L moved to strike out the words, '*or the former,'' irst sub-division of section 20, which was rejected. RSON, of Rockbridge, moved to strike out the letter vord ''answers," in line 20, third sub-division, greed to. was then read. )UR moved to strike out the words, "of treason, or" ection 23, which was rejected. was then read. asoN, of Rockbridge, moved to strike out the word 3, section 25, and insert the word '*for," which 0. J, 27, and 28 were then read. UR moved to strike out the words, "to work upon or" in lines 3 and 4, section 29, which was 7K moved to strike out the words, "the represen- aes 7 and 8, section 30, and insert in lieu thereof Digitized toy GoU 508 JOUBNAL OF THE CONSTITUTIONAL CONVENTION aHRJH the words "a representative/' which was agreed tc noes, 28. — and on motion of Mr. Lindsay the vote was reco lows : Ates— MessTS. Allen, Georf;e K. Anderson , Barbour, Bristow, ; Garter, Cobb, Orismond, Daniel, Eggleston, Epes, Garnett, R. L. < Hooker, Olaggett B. Jonee, Kendall, Lindsay , Moncare, Orr, : Quarlea, Rives, TumbulU Walker, Weecott, and Willis— 29. Noes— Messre. W. A. Anderson, Ay erg, Thomas H. Bamee, Danaway, Glass. B. T. Gordon, James W. Gordon, Green, Gregor cock, Hatton, G. W. Jones, Keezell, Lincoln, Lovell, Mcllwai Moore, Mundy^ Richmond, Smith, Stebbins, Waddill, Withei and Wysor--28. Mr. Egglbston moved to insert the word *'town word "county" in line 11, section 31, which was n Mr. Barbour moved to insert after the word **St 3, section 32, the words '* wherein he resides", agreed to. Sections 33, 34, and 35 were then read. Mr. Barbour moved to insert the words **and the word ''general" in line 3, section 36, which wa Mr. Green moved to strike oufc section 36 as am substitute in lieu thereof the following : The General Assembly shall enact such laws as a and proper for the purpose of securing tlie reg purity of general, local and primary elections, and and punishing any corrupt practices in connection and shall have power, in addition to other penaltie ishments now or hereafter prescribed by law for su to provide that persons convicted of them shall tl disqualified from voting or holding office. — which was agreed to. Mr. Gordon, of Richmond, moved to amend sec inserting after the word "thereat" in line 4, the connection with or as a substitute for voting by ba" Mr. Parks moved as a substitute, to strike ou "votes" in line 4 and insert the word "ballots," line 5 strike out the word "voting" and insert the lotting," which was rejected — ayes, 8 ; noes, 46. On motion of Mr. Eggleston the vote was reco lows : Atbs — Messrs. Bristow, Eggleston, Epes, Green, Moncure, P& Walker—S. Nobs — Messrs. Allen, W. A. Anderson, Ay era, Barbour, Boaz, I Carter, Crismond, Davis, Dunaway, Garnett, Giimore, Glaee, B. T W. Gordon, R. L. Gordon, Gregory, Gwyn, Hancock, Hatton, H Digitized by Google JOtmNAL 0» THS COKSTITUTIONAL CONVENTION. 509 W. Jones, Keezell, Kendall, Lincoln, Lindsay, Lovell, Marshall, R. Walton Moore, Mundy, Orr, Pettit, Phillips, Pollard, Portlock, timond, Rivee, Stebbins, Tarry, TurnbuU, Wcacott, and Withers— 46. ;e was then taken on the amendment proposed by Mr. )f Richmond, and it was rejected. RBOUR moved to insert after the word "each/' in line 38, the word ''regular/' which was agreed to. Es moved to further amend by striking out the word •ial" in line 9, and insert the word ''election/' which ;ed. RBOUR moved to amend by striking out the word line 34, and insert the word "every/' which was OWN moved that when the chair was vacated it should i until 10 o'clock to-morrow A. M., which was re- ^es, 29 ; noes, 29. ion of Mr. Lindsay the vote was recorded as follows : Bsra. Allen, Barbour, Manly H. Barnes, Blair, Bouldin, Brietow, ;er, Crismond, Davie, Dunaway, Epes, Garnett, Glass, B. T. Gordon, ordon, Gwyn, Hancock, Hatton, Lincoln, Honcure, Petti t, Phillips, tlock, Quarles, Rives, Smith, and Stebbins — 29. Bsrs. W. A. Anderson, Ayere, Boaz, P. W. Campbell, Eggleston, Gil- Gordon, Green, Gregory, Hooker, Claggett B. Jones, G. W. Jones, idall, Lindsay, Lovell, Marshall, Mcllwaine, R. Walton Moore, Orr, mond, Tarry, Thom, TurnbuU, Waddill, Walker, Weecott, and ASS stated that owing to a misunderstanding with a if the Convention he had abstained from voting, and e misunderstanding he would have voted for procla- TTON was granted two days leave of absence, on mo- P. PORTLOCK. IT of two o'clock having arrived, the chair was va- il 4 o'clock. AFTERNOON SESSION. THERS offered the following : vedf That each member, except the chairman of the je on Final Revision and Adjustment, be limited to h on each section, or amendment offered by him or mber." request it was ordered to lie over until to-morrow. Digitized by Google 610 JOUfiKAL OF THE CONSTITUTIONAL CONVENTIOl! Leave of absence was granted the following mem Mr. Richmond, one week, beginning Monday, oij Mr. Orr. Mr. Chapman, two days, on motion of Mr. With: Mr. Glass, two days, on motion of Mr. Withers Mr. BouLDiN, one day, Monday, on motion of Mi Mr, Hardy, three days, on motion of Mr. Turnb Mr. Kendall, two days, on motion of Mr. Jone and Queen. Mr. Willis, one day, on motion of Mr. Lovell. Mr. Moore, of Fairfax, two days, on motion of of King and Queen. Mr. Bristow, three days, beginning Monday, or Mr. Jones, of King and Queen. Mr. Robertson, two days, beginning Monday, on Mr. Carter, Mr. Ayers moved that when the Convention adj- it adjourn to meet on Wednesday, at 12 o'clock, wl jected. Mr. Gordon, of Nelson, moved that the word ''f line 44 of section 38, be struck out and the word ' serted, which was rejected. Sections 39, 40, 41, 42, 43, 44, and 45 were then : Mr. Anderson, of Rockbridge, moved to strike oi ''further,^' in line 8, section 46, which was agreed Sections 47, 48, and 49 were then read. Mr. Moore, of Fairfax, moved to insert after the sage," in line 9, section 50, the word * therein," agreed to. Mr. Moore, of Fairfax, moved to strike out the "^ been," in line 16, which was agreed to. Sections 51, 52, and 53 were then read. Mr. Moore, of Fairfax, moved to add the letter word ''impeachment/' in line 16, section 54, agreed to. Mr. Barbour moved to strike out the words *'ex( cers at the seat of government," in lines 2 and 3, and insert in lieu thereof the words *'all others," rejected. On motion of Mr. Ayers the Convention adjourn Digitized by Google rOUBNAL OP THE CONSTITUTIONAL CONVENTION. 511 SATURDAY, MAY 31, 1902. nvention assembled at 10 o'clock A. M. Prayer by W. T. Derieux, of the Baptist church. 1 of the Convention was called and the following mem- present and answered to their names : leu, W. A. Anderson, Ay ere, Barbour, Blair, Boaz, Boaldin, Braxton, own, P. W. Campbell, Carter. Daniel, Davis, Dunaway, Earman, Epes, Flood, Garnett, Gilmore, B. T. Gordon, James W. Gordon, ory,Gwyn, Hamilton, Hancock, Hooker, Ingram, Claggett B. Jones, !, Keezell, Lincoln, Lindsay, Lovell, Mcllwaine, Meredith, Moncure, r, Parka, Pettit, Phillips, Pollard, Portlock, Quarles, Richmond, rtaon, Stebbins, Summers, Tarrv, Thorn, Turnbull, Waddill, Walker, jrs, Woodhouse, and Mr. President — 61. tding of the journal was dispensed with, on motion of KSTON. KBOUR moved that when the Convention adjourn to- >'clock, it adjourn to meet Monday at 12 o'clock. ERS moved to amend by striking out **Monday'' and * 'Tuesday,*' which was rejected. estion then recurring on the original resolution, it ted. >f absence was granted the following members : lRshall, three days, on motion of Mr. Richmond. JRAM, two days, on motion of Mr. Hancock. RNES, of Nansemond, two days, beginning to-day, on Mr. Garnett. OWN, one day, on motion of Mr. Gordon, of Rich- GLESTON, two days, on motion of Mr. Bouldin. DERSON, of Rockbridge, offered the following resolu- id, That a special committee of eleven be appointed •esident, to recommend to the Convention suitable ! chosen as members of the registration boards in the unties and cities of the State. ?vas ordered to lie over until Monday, port of the Committee on Final Revision, on the Constitution, being the unfinished business, was DERSON, of Rockbridge, moved to amend section 54 ig out in line 3, the word **aud" and insert after the vernment" the words *'and all officers appointed by nor or elected by the General Assembly," which was ERS moved to amend section 55 by inserting after the Digitized by Google 512 JOtTlUTlIi Of THl OOKSTITUTIOKAL OONVEKTiO! word "shall," in line 1, the words "by law,'' wl jected — ayes, 26; noes, 26. On motion of Mr. Carter, the vote was recordec Aybs — Me68ra. Ayere, Boaz, Braxton* Bristow, BrowD, DaDiel, £ T. Gk>rdon, James W. Gordon, Glagftett B. Jones, Lincoln, Lindsay, cure, Mnndy, Orr, Parks, Pollard, Quarles, Richmond, Rives, Sue Walker, and Woodhonse— 26. Noes— Messrs. Allen, W. A. Anderson, Barbonr, Boaldin, Oa Earman, Flood, Gilmore, Green, Gregory. Gwyn, Hancock. Ingra Mcllwaine, Pettit, Phillips, Portlock, Robertson, Stebbins, T] Wise, Withers, and Mr. President— 26. Sections 56, 57, 58, 59, 60, 61, and 62 were read Mr. Anderson, of Rockbridge, moved to amend by striking out the word *'but,'' in line 4, and ii word **and," which was agreed to. Mr. Braxton moved to amend section 63 by ins the word * 'jurisdiction," in line 6, the words "1 Assembly shall regulate the exercise by courts of 1 punish for contempt." Mr. Withers rising to a point of order, Mr. Br^^ for unanimous consent to consider the amendment, given, and the amendment was then adopted. Sections 64, 65, ()6, 67, and 68 were read. Article V was then taken up. Sections 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 83, 84, 85, and 86 were read. Article VI was then taken up. Sections 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 100, 101, 102, 103, 104, 105, 106, 107, 108, and 108 Article VII was then taken up. Mr. Braxton moved to amend section 110 by 8 the word •*also," in line 5, which was agreed to. Mr. Lindsay moved to amend by striking ou **county," in line 5, which was rejected. Section 111 was read. Mr. Portlock asked unanimous consent to conpi lowing : Amend section 32 by inserting after the ^ stitution," in line 4, the words ''but residence wit! shall, for the purposes of this section, be regarded lent to residence within the county whose court h< uated in such city." Unanimous consent being given, Mr. Barbour following as a substitute : ''and except that this pre residence shall not apply to any office elective by when the law provides otherwise." On motion of Mr. Anderson, of Rockbridge, the corded as follows : ^ Digitized by Google JOURNAL OF THB CONSTITUTIONAL CONVENTIOK. 613 isers. Ayers, Barbour, BoaZi Bouldin, Braxton, Brown, P. W. Gamp- ■, Daniel, Davie, Dunaway, Earman, Epes, Gamett, B. T. Gordon, Gordon, Gregory, Gwyn, Hamilton, Hancock, 01ap;gett B. Jones, icoln, Lindsay, Lovetl, Meredith, Mundy, Parke. Pettit, Pollard, Port- ia, Rives, Stebbins, Thom, Turnbull, Waddill, Walker, and Mr, Presi- issrs. W. A. Anderson, Gil more, Green, Hooker, G. W. Jones, Mcll- Ricbmond, and Withers — 8. Drum appearing the Convention, on motion of Mr. L, adjourned. MONDAY, JUNE 2, 1902. >nvention assembled at 12 o'clock M. Prayer by Rev. J. Beauchamp, of the Methodist Episcopal church. 11 of the Convention w^as called and the following mem- 3 present and answered to their names : Jlen, W. A. Anderson, Manly H. Barnes, Blair, Boaz, Bolen, Braxton, jwn, Cameron, C. J. Campbell, P. W. Campbell, Garter, Cobb, Daniel, Sarman, Epes, Fairfax, Flood, Garnett, Gilmore, B. T. Gordon, James , R. L. Gordon, Gregory, Gwyn» Hamilton, Hancock, Hooker, Clag^jrett S. W. Jones, Keezell, Lincoln, Lindsay, Lovell, Mcllwaine, Meredith, tundy, 0*Flaherty, Parks, Pettit, Phillips. Pollard, Portlock, Quarlee, arry, Thom, Turnbull, Waddill, Walker, Willis, Wise, Withers, Wood- Mr. President— 68. tion of Mr. Walker the reading of the journal was i with. of absence was granted the following members : ATSON, one day, to-day, on motion of Mr. Gordon, of RKEN, two days, beginning to-day, on motion of Mr. 3. •RR, two days, beginning to-day, on motion of Mr. 5. EEZELL, two days, on motion of Mr. Withers. ROOKE, two days, on motion of Mr. Thom. YKRS, two days, on motion of Mr. Garnett. ►tions severally made by Messrs. Meredith, Brown, :, Daniel, Blair, and Quarles the Secretary was in- to send one set of the American Constitutions to each llowing institutions and libraries : Richmond College, Polytechnic Institute, Washington and Lee Univer- ginia Military Institute, Hampden-Sidney College, the rary at Wytheville, and the Law Library at Staunton. 65 Digized by Google 514 JOURNAL OW THS 00N8TITUTI0KAL OONTEKTIO Mr. Anderson, of Rockbridge, called up the res posed by him Saturday, relating to the appointmen committee of eleven to name the registrars. Mr. Daniel moved to amend the resolution b; read ** the Committee on Final Revision, etc.," ii special committee of eleven," which was agreed to Mr. Keezell oflFered the following resolution : Resolved, That the Committee on the Journal rollment of the Ordinances and Resolutions of the be instructed to provide for the enrollment, in a si ner, of the ordinances of the Constitution, as they j by the Convention, to the end that the work of the may be completed at the earliest possible day. — which was agreed to. Mr. Anderson, of Rockbridge, made the foUowi expenses incurred by the Committee on Revision, Resolved, that the following expenses incurred 1 mittee on Revision be paid : To Sheppard Shorts, janitor, from April 14 to Jun To George C. Jordan, page and messenger, 30 day To stenography and typewriting — which was on motion of Mr. Stebbins referred mittee on Accounts and Expenses. The report of the Committee on Final Revision the unfinished business, was taken up. Mr. Carter moved to reconsider the vote b] amendment proposed by Mr. Braxton to seel adopted, and asked the motion to be passed by, agreed to. The consideration of section 32 was then taken motion of Mr. Thom the Committee on Revision, ( structed to change the section to conform to the proposed by Mr. Portlock. Mr. Withers moved to reconsider the votes b; amendments to section 32 were adopted. Mr. Meredith moved that the motion be passec was agreed to. Mr. Anderson, of Rockbridge, moved to amen( by striking out the word ''may," in line 7, and i word * 'shall," which was agreed to. Mr. Anderson moved to further amend by stril words "or hustings," in line 8, which was agreed 1 Digitized by Google JOtTBNAL OF THE CONSTITUTIONAL CONVENTION. Slfi NDERsoN, of Rockbridge, moved further amendments ng out all the words beginning with the word '*and," 2, down to and including the word *'same/' in line 14, rt the following : *'In every city of the second class the ion or hustings court existing at the time this Consti- oes into eflfect, shall continue under the name of the ion court of such city; but it may be abolished''; ke out the word **its," in line 15, and insert the word also, after the word ^'electors," in same line, insert is "of such city'* also, in line 24, after the word **cor- t/' insert the words ''or hustings" ; also, in line 28, it the word **said'' and insert ''such." were agreed to. Ieredith moved to amend section 111 by inserting I word *'county," in line 9, the words "subject to such ts may be provided by law," which was agreed to. ns 112, 113, 114, and 115 were then read. e VIII was then taken up. •ROOKE moved to amend section 118 by striking out in le words "until the General Assembly shall otherwise ," and insert the words "so long as such courts shall 3 in existence," which was agreed to. ns 117, 118, and 119 were read. [eredith moved to amend section 120 by inserting after 1 "city," in line 7, the words "all city and town offi- Lose election or appointment is not provided for by this ition, shall be elected by the electors of such cities and )r of some division thereof, or appointed by such au- J thereof as the General Assembly shall designate," ras agreed to. ms 121, 122, 123, and 124 were read. Ieredith moved to amend section 125 by inserting in after the word "any" the word "such," and after the property" the words "or easement," which was agreed ►ns 126, 127, and 128 were read. e IX was then taken up. m 129 was read. IcIlwaine moved to amend section 130, in line 16, by g after the word "except" the word "that," which was to. ms 131, 132, 133, 134, 135, 136, and 137 were then read. IcIlwaine moved to amend section 138 by striking out d '*and," in line 3, and inserting the word "or," which eed to. ms 139, 140, 141, and 142 were then read. le X was then taken up. Digitized by Google 616 JOURNAL OW THE CONSTITUTIONAL CONTENTIO Mr. Anderson, of Rockbridge, moved to amend by inserting in line 4, after the word ''prescribed, '*by the Board of Agriculture and Immigration un provided/' Mr. Withers called the pending question. 1 question being ordered the vote was taken and the was agreed to. Section 146 was then read. The hour of two o'clock having arrived the ch Gated until 4 o'clock P. M. AFTERNOON SESSION. The report of the Committee on Final Revisioi unfinished business, Article XI was taken up. Sections 147, 148, 149, 151, and 152 were then r Article XII was then taken up. Mr. Braxton moved to amend section 153, line ing out the letter ''s" in the word '* regulations'' ; 30, strike out the words ''whether use in,'' and in thereof the word "and'' ; also, in same line, str word '*or'' and insert after the word ''singular" tl well as." Sections 154 and 155 were then read. Mr. Braxton moved to amend section 156, sub-c line 308, by inserting after the word ''may" the law," which was agreed to. Sections 157, 158, 159, 160, and 161 were then r Mr. Braxton moved to strike out the semi-col word "track" and insert a comma ; also, in line i the word "switcher" and insert the word "switc same line, after the word "service" insert the wo: ing his service" ; also, in line 37, after the word insert the word "of." Sections 163, 164, 165, 166, and 167 were then t Article XIII was taken up. Sections 168 and 169 were then read, Mr. Anderson, of Rockbridge, moved to amend by inserting after the word "taxed," in line 12, th the authority levying the same." Pending its consideration the Convention, on ni< Lindsay, adjourned. Digitized by Google JOUBKAL OF THl OONSTirUTIONAL OONYBNTIOir. 517 TUESDAY, JUNE 3, 1902, )nvention assembled at 10 o'clock A. M. Prayer by W. V. Tudor, of the Methodist Episcopal church. 11 of the Convention was called and the following mem- 3 present and answered to their names : Ulen, W. A. Anderson, Ayers, Barbour, Manlj H. Barnes, Boaz, Idin, Braxton, Brown, Cameron, 0. J. Campbell, P. W. Campbell, b, Crismond, Daniel, Dunaway, Earman, Epes, Fairfax, Flood, Gar- re, Glaes, B. T. Gordon, James W, Gordon, R. L. Gordon, Gregory, nilton, Hancock, Hatton, Hooker, Claggett B. Jones, G. W. Jones, ndsay, Lovell, Mcllwaine, Meredith, Moneure, R, Walton Moore, Flaherty, Parks, Petti t, Phillips, Pollard, Portlock, Quarles, Rives, Smith, Stebbins, Summers, Tarry, Thorn, Waddill, Wateon, Willis, ers, Woodhouse, and Mr, President — 65. tion of Mr. Moore, of Fairfax, the reading of the jour- lispensed with. of absence was granted the following members : IRNBULL, two days, on motion of Mr. Carter. ALKER, indefinite leave, on motion of Mr. Jonbs, of I Queen. tion of Mr. Hooker, the Secretary was instructed to set of the American Constitution to William and Mary nsideration of section ]70 of the report of the Commit- nal Revision, etc., being the unfinished business, was aendments offered yesterday to this section were with- nd Mr. Meredith proposed the following amendment : 2, after the word ''taxed," *'but this provision shall mt any taxing authority in this State from taxing the f any stock company, however invested, so far as sit- thin the territorial limits of the authorities levying the which Mr. Braxton offered the following as an amend- the nature of a substitute : lever a franchise tax shall be imposed by the State corporation doing business in this State, or whenever ipital, however invested, of a corporation chartered e laws of this State, shall be taxed by the State, the stock issued by any such corporation shall not be fur- sd by the State ; but nothing in this section shall pre- several counties, municipalities, or local subdivisions ate from taxing such shares.'* AMILTON raised the point of order that these amend- Bre new matter and not germane to the subject. The Drder was sustained by the chair and they were ruled ■igitized by VjjOOQIC 518 JODBNAL or THB OOKSTITOnOKAL OONVBHTIOX i 1 t i i i are Mr. Braxton then moved to amend the section out all the words beginning at the word '*whenev( 7, down to and including the word ** taxed," in line Mr. Withers raised the same point of order, whi sustained, and the amendment was ruled out. Sections 171, 172, 173, 174, 175, 176, 177, 178, 1^ 182, 183, 184, and 185 were then read. Mr. Anderson, of Rockbridge, moved to amend i in line 5, by striking out the letter "s" in the w( priations" and also by striking out the word line, and inserting in lieu thereof the word "is, agreed to. Sections 187, 188, and 189 were then read. Article XIV was taken up. Sections 190, 191, and 192 were then read. Mr. Barbour moved to amend section 193 by ins the word '* Constitution," in line 6, the words '*pr such right, if hereafter exercised, be not in conflic exceptions set forth in sections 190 and 191," agreed to. Sections 194 and 195 were then read. Article XV was taken up. Section 196 was then read. Mr. Meredith moved to strike out in line 7, sect words **at such election," and insert the word which was agreed to. Section 32 was then taken up. Mr. Withers called up his motion to reconsider which the amendment proposed by Mr. Portlock t to the Committee on Final Revision on motion of which was agreed to — ayes, 27 ; noes, 24. The question then recurring on the motion of M refer the amendment to the Revision Committee, by unanimous consent, then withdrew his motion. The vote was then taken on the amendment prop Portlock, which was agreed to. Section 154 was then taken up. Strike out all the words beginning with the word in line 3, down to and including the word '* thereof which was agreed to. Section 156 was then taken up. Mr. Braxton moved to amend by striking out in words **such companies,*' and insert the words '*( or other persons," which was agreed to. Section 55 was then taken up. Mr. Meredith moved to reconsider the vote bj Couvention refused to adopt the motion of Mr. Ayi 1 Digitized by Google JOURNAL OP THB CONSTITUTIONAL CONVENTION. 519 3 "by law' ^ after the words **General Assembly," in hich was agreed to. lestion then recurring on the original motion it was 1 197 was then taken up, and Mr. Thom moved to le section by striking out the words beginning in line 9, convention for such purpose shall be otherwise called. ' ' iRBOUR raised the point of order that this was a sub- ;hange and the chair sustaining the point of order, it 1 out. I 63 was then taken up, and Mr. Carter moved to re- the vote by which the amendment proposed by Mr. to insert the words **the General Assembly shall regu- xercise by courts of the right to punish for contempt" .ted. RAXTON called the pending question. The pending being ordered the vote was taken and the amendment ted — ayes, 15 ; noes, 40. motion of Mr. Carter the vote was recorded as fol- sssrs. Boaldin, Carter, Cobb, Crismond, Dunaway, Flood, Hamilton, [atton, Hooker, Portlock, Smith, Stebbins, Waddill, and Willis — 15. iBSTB. Allen, W. A. Anderson, Ayere, Barbour, Manly H. Barnes, ton, Brown, C. J. Campbell, P. W. Campbell, Daniel, Epes, Fairfax, ilmore, B. T. Gordon, James W. Gordon, R. L. Gordon, Gregory, srgett B. Jones, G. W. Jones, Lindsay, Lovell, Mcllwaine, Meredith, Moore, Mundy, O' Flaherty, Parks, Pettit, Phillips, Pollard, Quarles, irtson, Wataon, Withers, Woodhouse, and Mr. President — 40. RAXTON announced that he was paired with Mr. who, if he were present, would vote aye and he would 30RE, of Fairfax, moved to strike out the word ** shall" lendment and insert **may," which was agreed to. IS 123 and 125 were then taken up. JDERSON, of Rockbridge, moved to amend sections 123 )y striking out the word **branche3,'^ in lines 42 and ;ion 123, and lines 7 and 11 of section 125, which was \, i 127 was then taken up. fDERSON. of Rockbridge, moved to amend by striking rord '*State," in line 6, which was agreed to. fDERSON, of Rockbridge, moved that the Constitution led by the Convention be referred to the Committee on jnt of the Ordinances and Resolutions of the Conven- ch was agreed to. tion of Mr. Moork, of Fairfax, the report of the Com- I Preamble was taken up. Digitized by Google 520 JOUBKAL OF THB OON 8TITUTI0NAL OOKYBNTIOl The amendment proposed by Mr. Hatton to the port was, by unanimous consent, withdrawn. The question then recurring on the amendment jority report proposed by Mr. Gordon, of Richmom Resolved, That the report of the Committee on P; Bill of Rights be amended by striking out the p ported by the committee, and substituting therefor ing: We, the people of Virginia, duly assembled in " through our representatives, according to law, wit to God for His past favors, and invoking His blei the result of our deliberations, do ordain and estab] lowing system of government for the Commonwea rejected — ayes, 23 ; noes, 28. — and on his motion the vote was recorded as follo' Atm— Meflsrs. Ay era, Boaldin, Braxton, Brown, Daniel, Garnc Gordon 2 James W. Gordon, Grefcory, Gwyn, Hooker, Lincoln, I Mcllwaine, Meredith, Mandy, Qaarles, Stebbins, Willis, Wooc President— 23. NoBB^Messra. Allen, Barboar, Manl^ H. Barnes, Boaz, P. W. Gi Cobb, Grismond, Danaway, Epes, Fairfax, Flood, Gilmore, K. L cock, Hatton, G. W. Jones, R. Walten Moore, O'Flaherty, Parks, Rives, Robertson, Smith, Waddill, Watson, and Withers— 28. Mr. McIlwaine moved to amend the majority re lows: After the word ''purpose'' add the follo\ therefore, the people of Virginia, so assembled in through our representatives (according to law) , wi to God for His past favors and invoking His blessir result of our deliberations, do ordain and establish ing revised and amended Constitution for the goi the Commonwealth of Virginia:" which was agree 44 ; noes, 7. On motion of Mr. Smith the vote was recorded a Ates— Messrs. Allen, W. A. Anderson, Ayers, Barboar, Boaz, Bo Brown, G. J. Campbell, P. W. Campbell, Carter, Cobb, Epes, Gamett, Gilmore, Glass, B. T. Gordon, James W. Goraon, Gregory, Gwyn, Hooker, Clagsett B. Jones, G. W. Jones, Lii Lovell, Mcllwaine, Meredith, Mundy, Parks, Pettit, Pollard, I Stebbins, Waddill, Watson, Willis, Withers, Woodhoase, and Mr NoHS—Messrs. Crismond, Hancock, Hatton, R. Walton Mooi Robertson, and Smith— 7. The question then recurring on the minority re] Pettit, from the Committee on Preamble and Bil Mr. Hatton offered the following as an amendmen ture of a substitute to the minority report ; ^ Digitized by Google JOURNAL OF THB CONSTITUTIONAL CONVENTION. 521 \s the delegates and representatives of the good people ia, in Convention assembled, on the twenty-ninth day in the year of our Lord, one thousand, seven hundred ity-six, reciting and declaring that, IS George the Third, King of Great Britain and Ireland ior of Hanover, before that time entrusted with the >f the kingly office in the government of Virginia, had ed to pervert the same into a detestable and insup- tyranny, by putting his negative on laws the most le and necessary for the public good ; by denying his 5 permission to pass laws of immediate and pressing ce, unless suspended in their operation for his assent, I so suspended, neglecting to attend to them for many 7' refusing to pass certain other laws, unless the per- 5 benefited by them would relinquish the inestimable epresentation in the Legislature ; by dissolving legis- emblies repeatedly and continually, for opposing with mness, his invasions of the rights of the people, when ; by refusing to call others for a long space of time, leaving the political system without any legislative endeavoring to prevent the population of our country, bat purpose obstructing the laws for naturalization of s; by keeping among us, in time of peace, standing id ships of war ; by affecting to render the military ent of, and superior to, the civil power : by combining srs to subject us to a foreign jurisdiction, giving his their pretended acts of Legislature for quartering ies of armed troops among us ; for cutting ofiF our trade )arts of the world ; for imposing taxes on us without nt ; for depriving us of the benefit of the trial by jury ; ^porting us beyond the seas for trial for pretended for suspending our own Legislatures and declaring es invested with power to legislate for us in all cases er ; by plundering our seas, ravaging our coasts, >ur towns, and destroying the lives of our people ; by insurrection of our fellow subjects with the allure- forfeiture and confiscation ; by prompting our negroes arms against us — those very negroes whom, by an in- se of his negative, he had refused us permission to ex- law ; by endeavoring to bring on the inhabitants of iers, the merciless Indian savages whose known rule e is an undistinguished destruction of all ages, sexes, litions of existence ; by transporting hither a large foreign mercenaries to complete the work of death, 1, and tyranny then already begun, with circum- f cruelty and perfidy unworthy the head of a civilized 56 Digitized by Google 522 JOURNAL OF THB OON STITUnONAL OONVXNTIO nation ; by answering our repeated petitions for n repetition of injuries ; and finally by abandoning government and declaring us out of his allegiance tion ; by which several acts of misrule the govern] country, as before exercised under the crown of Gi was totally dissolved — did, therefore, having m sidered the premises and viewing with great con* plorable condition to which this once happy count] reduced unless some regular adequate mode of should be speedily adopted in compliance with th< dation of the general congress, ordain and declar government of Virginia ; and Whereas a Convention held on the second day c thousand, seven hundred and eighty-eight, ratified tution of the United States of America, and prop amendments thereto ; land Whereas a Convention held on the fifth day of i thousand, eight hundred and twenty-nine, did pr< people of this Commonwealth an amended Constiti of government, which was ratified by them ; and Whereas a Convention held on the fourteenth da one thousand, eight hundred and fifty, did propose pie of this Commonwealth an amended Constitutic government, which was ratified by them ; and Whereas a Convention held on the thirteenth di ary, one thousand, eight hundred and sixty-one, d: ratification of the Constitution of the United States and resume all the rights and powers granted und stitution ; and Whereas during the war between the States, held on the thirteenth day of May and the eleventh one thousand, eight hundred and sixty-one, res] which the great body of the people of this Commo no representation, severed from this Commonweal tory now composing the State of West Virginia, w of said Conventions was never ratified by the pe Commonwealth, but was maintained by the civil ; power of the United States of America ; and Whereas during the war between the States ano tion, held on the thirteenth day of February, oi eight hundred and sixty-four, and in which the g the people of this Commonwealth had no represc declare an amended Constitution or form of gov this Commonwealth, which was never ratified by 1 this Commonwealth ; and Whereas a Convention held on the third day o one thousand, eight hundred and sixty-seven, unc I Digitized by Google JOITRKAL OP THE CONSTITUTIONAL CONVENTION. 523 r and authority of the United States of America, did > the people of this Commonwealth an amended Con- r form of government which was by them ratified in ejected in part ; and 3 by an act of the General Assembly of Virginia, ap- j fifth day of March, one thousand, nine hundred, 3n ** shall there be a Convention to revise the Consti- [ amend the same?'* was submitted to the electors 0 vote for members of the General Assembly of this ealth, and a majority of such electors voting upon lion were in favor of such Convention ; and 3 the General Assembly at its next session did provide the election of delegates to such Convention ; refore, the delegates of the good people of Virginia, d in Convention assembled in pursuance of said acts, and declare the following amended Constitution and vernment for this Commonwealth, as adopted — ayes, 31 ; noes, 23. notion the vote was recorded as follows : are. Allen, W. A. Anderson, Barbour, Boaz, Brown, P. W. Camp- CJobb, Dunaway, Fairfax, Garnet t, Glasp, B, T. Gordon, James W. L. Gordon, Gregory, Gwyn, Hatton, Claj^gett B Jones, Lincoln, Fell, Mcllwaine, Mundy, O'Flaherty, Parks, Pollard, Stebbine, house, and Mr. President — 31. ers. Ayers, Manly H. Barnes, Bouldin, Braxton, Crismond, Daniel, Gilmore, Hancock, Hooker, G. W. Jonei, R. Walton Moore, Pettit, es, Robertson, Smith, Tarry, Thom, Waddill, Watson, and With- stion then recurring on the adoption of the minority imended, it was rejected — ayes, 10 ; noes, 42. motion of Mr. Hatton the vote was recorded as fol- srs. W. A. Anderson, Brown, Daniel, Gregory, Hatton, Pettit, Pol- c, Quarles and Wood house — 10. srs. Allen, Ayers, Barbour, Manly H. Barnes, Boaz, Bouldin, Brax- k)bb, Crismond, Dunaway, Epes, Fairfax, Garnett, Gilmore, Glass, , James W. Gordon, R. L. Gordon, Gwyn, Hancock, Hooker, Claar- , G. W. Jones, Lincoln, Lindsay, Lovell, Mcllwaine, Meredith, R. e, Mundy, O'Flaherty, Parke, Rives, ^tebbins. Tarry, Thom, Wad- Willie, Withers, and Mr. President— 42. B was then taken on the majority report as amended, I adopted — ayes, 37 ; noes, 18. motion of Mr. Smith the vote was recorded as fol- lere. Ayere, Barbour, Boaz, Bolen, Bouldin, Braxton, Brown, P. W, arter, Cobb, Dunaway, Epee, Fairfax, Garnett, Gilmore^ Glass, Digitized by Google 524 JOUBKAL OF THB OON STITUnONAL OOKYBNTIO] B. T. Gordon, Jamee W. Gordon, R. L. Gordon, Gregory, Qin Jones, G. W. Jones, LindMjr, Mcllwaine, Meredith, Mondy, J Qoarlee, Stebbins, Tarry, Watson, Willis, Withers, Woodhonse, dent— 37. Nobs—- Messrs. Allen, W. A. Anderson, Manly H. Barnes, B] Hancock, Hatton, Hooker, Lincoln, R. Walton Moore, O'Fl Phillips, Portlock, Rives, Smith, Thorn, and Waddill— 18. Mr. Pettit 6flFered the following resolution : Resolved, That the Declaration of Rights adopte< resentatives of the people, in Convention assembled, 1776, and the Preamble to the Constitution adopt 29, 1776, be prefixed to and published with the ( adopted by this Convention. — which was, on motion of Mr. Barbour, referred mittee on Final Revision, etc. Mr. Withers moved to reconsider the vote bj Preamble was adopted, which was decided in the n Mr. Withers moved that the Preamble as ai adopted by the Convention be referred to the Cc Enrollment of the Ordinances and Resolutions of t tion. Mr. Blair offered the following resolution : ** Resolved, That owing to the unavoidable abs( member belonging to the minority party, on the on Final Revision, etc., that the Convention appc member from that party." — which was rejected. On motion of Mr. Anderson, of Rockbridge, the adjourned until 10 o'clock A. M. to-morrow. WEDNESDAY, JUNE 4, 1902. The Convention assembled at 10 o'clock A. M. Rev. Dr. W. F. Davies, of the Methodist Episcopal The roll of the Convention was called and the foil bers were present and answered to their names : Messrs. Allen, George E. Anderson, W. A. Anderson, Ayers, ] H. Barnes, Thomas H. Barnes. Boaz, Boaldin, Braxton, O. J. G; Campbell, Carter, Crismond, Daniel, Davis, Danaway, Barman, I Fairfax, Fletcher, Fldod, Garnett, Gilmore. Glass, B. T. Gok Grordon, R. L. Gordon, Green, Gregory, Gwyn, Hancock, Ha Hooker, Glaggett B. Jones, G. W. Jones, Kendall, Lincoln, I Marshall, Mcllwaine, Meredith, Moncure, R. Walton Moore, Man Orr, Phillips, Pollard, Portlock, Qoarles, Rives, Robertson, Si Sammers, Tarry, Thorn, Thornton, Waddill, Watson, Willis, ' Woodhouse, and Mr. President— 69. ) Digitized by Google JOtJENAL OF THE 00K8TITUTI0NAL CONVENTION. 525 ion of Mr. Gordon, of Richmond, the reading of the 53 dispensed with. ESiDENT laid before the Convention a petition from in the Auditor's oflSce asking for extra pay, which red to the Committee on Accounts and Expenses. )f absence was granted the following members : RKS, two days, on motion of Mr. Withers. ;Ilwainb, six days, on motion of Mr. Summers. LNCOCK, one day, on motion of Mr. Barbour. LTHERs, two days, on motion of Mr. Robertson, rnett, three days, on motion of Mr, Moorb, of Fair- iion of Mr. Anderson, of Rockbridge, the Schedule, as from the Committee on Final Revision, etc., was iion of Mr. Barbour the speeches on this report were > five minutes to each member. [derson, of Rockbridge, moved to strike out the word a line 2, section 1, and insert the words "so far as," is agreed to. rDERsoN, of Rockbridge, moved to insert after the word line 9, section 5, the words **now or hereafter,'' which ;d to. [derson, of Rockbridge, moved to amend section 7 by at the end of the section the following words : **The now allowed by statute to judges of county courts and of certain city courts to practice law shall continue le terms of the judges whose terras are continued by dule, unless otherwise provided by law," which was tion of Mr. Campbell, of Amherst, section 8 was pas- rDERSON, of Rockbridge moved to amend section 10 by )ut the word "and," in line 21, and insert the follow- ovided, that the term of the Senator now residing in if Richmond, who, by the provisions of the apportion- , approved April 2, 1902, is continued in office as one Senators from the Thirty-eighth Senatorial district reated, be extended until the second Wednesday in 1906," which was agreed to. fDERSON, of Rockbridge, moved to further amend sec- y striking out the word **two," in line 28, and insert- rord "four," also, in line 30, after the word ** district," 3 words **in the Senatorial districts bearing odd num- in the city of Richmond to fill the vacancy, which above provided, occur on the second Wednesday in 1906, there shall be elected, on the Tuesday after the Digitized by Goog" 626 JOnHKAt OF THB OOKSTITUTIOKAL OOUVXKTiO: first Monday in November, 1905, for a term of t? begin on the second Wednesday in January succ election, members of the Senate to represent sucl also, in line 31, strike out the word **five" and ins **9even;" also, in line 15, after the word '*su< words **or whose terms of office shall begin the July, 1902," which amendments were agreed to. Mr. Anderson, of Rockbridge, moved to insert s section 11 the following: *• Electoral boards, with conferred by existing laws, except the appointmc trars, shall remain in office until March 1, 1904,'' agreed to. Mr. Pollard moved to amend section 11 by str line 28 the words ''the school superintendents for ( cities" and insert after the word "appointments," the words **The school superintendents for countic shall remain in office for their respective terms an< successors are appointed." Mr. Fairfax called the pending question. ^ question being ordered the vote was taken and the was agreed to^ayes, 45 ; noes, 22. On motion of Mr. Pollard the vote was recorder Arn — Messrs. Allen, Georxe K. Anderson, Manly H. Barnes, '. Cameron, C. J. Campbell, P. W. Campbell, Carter, Cobb, Cr Davis, Earman, Eggleston, Gilmore, B. T. Gordon, James W. G Hancock, Harrison, Hooker, Kendall, Lincoln, Lindsay, Love Walton Moore, Mandy, 0' Flaherty, Orr, Phillips, Pollard, Pc Rives. Robertson, Smith, Stebbins, Summers, Thom, Thornton, \ and Mr. Presidentr— 45. NoRS— Messrs. W. A. Anderson, Avers, Barboar, Thomas H. Boaz, Danaway, Fair&z, Fletcher, Glass, R L. Gh>rdon, Green, Claggett B. Jones, G. W. Jones, Mcllwaine, Meredith, Tarry, and Woodhoose— 22. Mr. Brown moved to amend by inserting aftc amendment the words : **The board of education s 1, 1905, fill the offices of county and school superii the term of one year from July 1, 1905, and on J the said board shall appoint such superintendent term under this Constitution,'' which was rejecte< Mr. Anderson, of Rockbridge, moved to amen(] in line 2, after the word ''granted" by inserting tl amended," which was agreed to. Mr. Mbrbdith moved to amend section 14, in the word "eflfect" by inserting the words "or wh office shall begin on the first day of July, 1902," agreed to. ) Digitized by Google JOUBKiX OP THS CONSTITUnOKAL OOKVUmoK. 527 )KRSON, of Rockbridge, moved to strike out the word a line 5, which was agreed to. )KRSoN, of Rockbridge, moved to amend section 15 : In line 2 strike out the word "July" and insert the )tember'' in lieu thereof ; in lines 3 and 4 strike out ''fourth Thursday in May" and insert in lieu thereof ''second Tuesday in June ;" at the end of section 15 J period into a comma, and insert "except that where 5 are prescribed as ending on the first day of July of they shall be extended until the first day of Septem- ing," which were agreed to. >ERS0N, of Rockbridge, moved to amend section 18 : In line 2, before the word "shall," begin a new dth the word "It." In lines 1 and 2 strike out the acted on the first Tuesday in November, 1901," and lich convened on the first Wednesday in December, 1 be called by the Governor to meet in session at the 12 o'clock M., on Tuesday, the fifteenth day of July, line 10, after the word "shall," strike out the rest :tion, and insert in lieu thereof, "elect judges for all uit courts provided for in this Constitution, and also )oration courts for Bristol, Radford, and Buena Vista d city courts are sooner abolished," which amend- ■e agreed to. PERSON, of Rockbridge, moved the following amend- iction 19 : Strike out all from the beginning down to 'enact," in line 3, and insert in lieu thereof, "The ■al Assembly shall, etc." >M offered the following resolution : d. That the General Assembly which will convene in the fifteenth day of July next be, and it hereby is, I to appoint a commission, of such number as it may jdient, and to consist of members of the General As- • of suitable and competent lawyers not members of al Assembly, or of botli, for the purpose of preparing ting to an adjourned session of the General Assembly such laws as may be proper to carry into effect the of the new Constitution, and to provide for its prac- ition, and that the General Assembly be further au- 5 prescribe and regulate the pay of the members of nission, whether members of the Gteneral Assembly ras, on his motion, referred to the Committee on ision, etc. DKRSON, of Rockbridge, moved to amend section 20 g out all the words beginning with "General," in line > and including the word "two," in line 5, and insert D gitized by Google 528 JOURNAL OF THE CONSTITUTIONAL CONVENTK in lieu thereof the words ** first day of January, 1 was agreed to. On motion of Mr. Barbour section 20 was refe the Committee on Final Revision, etc. Mr. Kendall offered the following resolution : **A11 members of the Legislature shall take an port the Constitution and faithfully discharge the office." — which was, on motion of Mr. Moore, of Fairfax the Committee on Final Revision, etc. On motion of Mr. Campbell, of Amherst, the adjourned. THURSDAY, JUNE 5, 1902. The Convention assembled at 10 o'clock A. M Rev. Mr. E. E. Bomar, of the Baptist church. The roll of the Convention was called and t members were present and answered to their nam Messrs. Allen, George K. Anderson, W. A. Anderson, Ay era, J H. Barnes, Boaz, Bouldin, Braxton, Bristow, Brooke, Brown, P. W. Campbell, Carter, Cobb, Crismond, Daniel, Davie, Dui Eggleston, ilpes, Fairfax, Fletcher, Gilmore, Glass, B. T, Gordoi don, R. L. Gordon, Green, Gregory, Gwyn, Hardy, Harrison, I Claggett B. Jones, G. W. Jones, Keezell, Kendall, Lawson, L Lovell, Marshall, Meredith, Moncure, R. Walton Moore, Mar Orr, Phillips, Pollard, Quarles, Rives, Robertson, Smith, Stel Tarry, Thom, Thornton, TurnbuU, Waddill, Wataon, Vt^escot and Mr. President — 70. On motion of Mr. Robertson the reading of the dispensed with. On motion of Mr. Carter, Mr. Gregory was day's leave of absence. The President laid before the Convention the f< gram : Norfolk, Va., Ju Hon, John Goode, Richmond^ Va,: Our convention has passed resolutions thanking support in behalf of the Employers' Liability bill. P. M. . Mr. Anderson, of Rockbridge, from the Commi Revision, etc., offered the following as a substitut 34 of the Constitution : Sec. 34. Members of the General Assembly and executive and judicial, elected or appointed after Digitized by Google JOURNAL OF THB C0N8TITUTI0KAL CONVENTION. 629 )es into eflfect, shall, before they enter on the perform- heir public duties, severally take and subscribe the I oath or aflBrmation : **I do solemnly swear (or affirm) II support the Constitution of the United States and titution of the State of Virginia, ordained by the Con- ivhich assembled in the city of Richmond on the 12th me, nineteen hundred and one, and that I will faith- l impartially discharge and perform all the duties in- on me as , according to the best of my So help me God." was agreed to. NDKRsoN, of Rockbridge, proposed the following as an lent and separate section to the Schedule, to be num- No. 18. 1 elections held after this Constitution goes into effect tfications of electors shall be those required by Article his Constitution." was agreed to. motion sections numbers 18, 19 and 20 were then jtions numbers 19, 20 and 21. ^fDERSON, of Rockbridge, proposed the following : iion twenty (nineteen as reported by the committee) , Lt all of the section from and including the word '*The" ine, to and including the word '* Constitution," in line tnd insert the following in lieu thereof : members shall receive for their services four dollars a ihe time when the General Assembly is actually in ses- luding Sundays and recesses of not exceeding five days, mileage provided by law ; the Speaker of the House of s and President of the Senate shall each receive seven •er day for the same period, and the mileage provided and the other officers and employees shall receive such ation for their services as the General Assembly may ?." was agreed to. 4RTER moved to amend by striking out the words *'and js of courts of record." 'Flaherty called the pending question. The pending being ordered the vote was taken and the amendment cted — ayes, 17; noes, 52. )tion of Mr. Smith the vote was recorded as follows : [essrs. Brigtow, Brooke, Carter, Davie, Eartnan, Harrison, Kendall, . Walton Moore. Phillips, Port lock, Robertaon, Smith, Sum mere, Thorn, and Waddill— 17. essrs. Allen, George K. Anderaon, W. A. Anderson, Ayers, Barbour, . Barnee, Boaz, Bouldin, Braxton, Brown, P. W. Campbell, Cobb, Cris- 67 Digitized by GoogT Nf^ 530 JOUBNAL OF THB OONSnTUTIONAL OONYBNTION. mond, Daniel, Eggleston, Epes, Fairfiax, Fletcher, Gilmore, Glass, B. James W. Gordon, H. L. Gordon, Green, Gregory, Gwyn, Hardy, h gram, Glaggett B. Jones, G. W. Jones, Keesell, Laweon. Lovell, Mars ditb, Moncare, Mandy, O'Flaherty, Orr, Pollard, Qnarles, Rives, Stebl Turnbull, Watson, Wescott, Willis, Wise, Woodhoose, and Mr. Pr€ The question then recurring on the section as propo Anderson, of Rockbridge, offered the following as an dent and separate section : Sec. 23. The official copy of the Constitution and £ and of any ordinance adopted by the Convention, shall as they shall be enrolled, be signed by the President tested by the Secretary of the Convention ; and the 1 will thereupon cause the same to be delivered to the £ of the Commonwealth, who will file and preserve the i curely among the archives of the State in his custody. The Secretary of the Commonwealth will cause the tution. Schedule, and said ordinances to be transcril book to be provided for the purpose and safely kep office. The Secretary of the Convention will immediately i adoption of this Schedule, deliver a certiiBed copy of 1 stitution and Schedule, and of said ordinances, to the ( of the Commonwealth. — which was agreed to. Mr. Anderson, of Rockbridge, offered the foUowin independent and separate section : Sec. 24. The Governor is authorized and directed t diately issue his proclamation announcing that this re^ amended Constitution has been ordained by the people ginia, assembled in Convention, through their represe as the Constitution for the government of the peoph State, and will go into effect as such, subject to the pi of the Schedule annexed thereto, on the tenth day of Ju at noon, and calling upon all the people of Virginia t< their true and loyal support to the same, as the organi the Commonwealth. — which was agreed to. Mr. Anderson, of Rockbridge, offered the followin independent and separate section : Sec. 25. This Constitution shall, except as is otherv vided in the Schedule, go into effect on the tenth day nineteen hundred and two, at noon. This Schedule shall take effect from its passage. Mr. MooRE, of Fairfax, moved to reconsider the which section 66 of the Constitution was adopted, wl agreed to. He then moved to amend the section by inserting s 1 Digitized by Google JOUBNAL OF THB OONBTITlTnONAL OONYSNTION. 531 Delegates," in line 5, the words ''including the clerks /' which was agreed to. Anderson, of Rockbridge, proposed the following as an ideut and separate section : 22. When the General Assembly convenes on the fif- iay of July, 1902, its members and oflBcers, before en- ipou the discharge of their duties, shall severally take bscribe the oath or affirmation prescribed by Section four of the Constitution. And not later than the twen- ty of July, 1902, the Governor, and all other executive of the State whose offices are at the seat of government, judges of courts of record, shall severally take and sub- uch oath or affirmation ; and upon the failure of any Beer, executive or judicial, to take such oath by the day his office shall thereby become vacant. Such oaths or tions shall be taken and subscribed before any person zed by existing laws to administer an oath. The Secre- the Commonwealth shall cause to be printed the neces- Lnks for carrying into effect this provision, and the said ad affirmations so taken and subscribed, except of the ^s and officers of the General Assembly, shall be returned Sled in his office ; and those taken by the members and of the General Assembly shall be preserved in the rec- the respective houses. ^Ieredith moved to amend section 22, as proposed, as the word ''affirmation" strike out the full stop and in- omma, and then insert following: "SvUd upon the fail- tny such officer, executive or judicial, to take such oath lay named, his office shall thereby become vacant.'' i was adopted — ayes, 45 ; noes, 16. lotion of Mr. Thom the vote was recorded as follows : VTesars. Allen, George K. Anderson, W. A. Anderson, Ayers, Barbour, L Barnes, Boaz, Braxton, Brown, C. J. Campbell, P. W. Campbell, emond, Daniel, Epes, Fairfax, Fletcher, Gilmore, B. T. Gordon, James n, R. L. Gordon, Gregory, Gwyn, Hardy, Hooker, Ingram, G. W. Jones, ^vell, Meredith, M on cure, Mundy, 0' Flaherty, Orr, Pollard, Quarles, sbbins, Tarry, Turnbull, Weecott, Willie, Wise, Woodhouae, and Mr. -45. Vfessrs. Bouldin, Brooke, Carter, Davis, Barman, Harrison, Lincoln. R. [oore, Phillips, Robertson, Smith, Sammers, Thom, Thornton, Wad dill, on— 16. Campbell, of Amherst, announced that he was paired r. Flood, who, if he were present, would vote no and Id vote aye, juestion then recurring on the section as amended, the ks taken and it was adopted. ( Digitized by Goos 532 JOUBNAL OF THE OOKUTITUTIOKAL OOMVENTIOV. Mr. BoAz oflfered the following resolution : Resolved, by the Convention, That the Committee oi ment be instructed to employ a sufficient number of co penmen to have the enrollment of the Constitution cc within three days. Mr. RoBBRTSON moved as a substitute the following : Resolved, That the Committee on Enrollment be in to have the new Constitution and Schedule printed and back to the Convention within three days. Mr. Thom moved that the matter be left to the Comn Enrollment, etc., with instructions to report to-morroi« — which was agreed to. Mr. Thom offered the following resolution : Resolved, That when the Constitution shall have be pleted 25,000 copies be printed, of which two hundred ; shall be specially bound as a memorial edition. 2. That of the copies specially bound, ten be deposits State Library, five each to the library of the Supreme Appeals at Richmond, at Staunton, and at Wythe^ spectively, and two to be presented to each member Convention, and one to each of the officers and employ* Convention, the remainder to be deposited with the S of the Commonwealth. — which was agreed to. Mr. Glass offered the following resolution : Resolved, That the Committee on Reporting and Prir and hereby is, authorized to contract for editing and ing, in condensed, permanent book form, the debate Constitutional Convention, either by awarding the wor dividual enterprise at the entire risk and cost of the contracting for the work, or by awarding the work to at the expense of the State, the volumes to be owned State, and sold at such figure as may seem most exped cept that two setts of such debates shall be presented member of this Convention, the work to be done under pervision of the Committee on Reporting and Printing, — which was agreed to — ayes, 32 ; noes, 28. Mr. Ayers moved to reconsider the vote by which t lution was adopted, which was decided in the negativ 53 ; noes, 36. On motion of Mr. Aykrs the vote was recorded as fo] A TBS— Messrs. W. A. Anderson, Ayers, Thomas H. Barnes, Boai BrooKe, Grismond, Daniel, Davis, Dtmaway, Barman, Epes, Fletcbei R. L. Gk>rdon, Green, Gwyn, Harrison, Glaggett B. Jones, G. W. Jonei Lawson, Lovell, Marshall, R. Walton Moore, O'Flaherty, Orr, Phill Smith, Summers, Tarry, and Watson — 33. Digitized by Google JOUBNAL OF THE CON8TIT0TI0NAL CONTENTION. 533 Messrs. Allen, George K. Anderson, Barbour, Bouldin, Brown, Cameron, Qpbell. P. W. Campbell, Carter, Cobb, Ej^gleston, Glass, B. T. Gordon, . Gordon, Hardy, Hooker, Ingram, Keezell, Lincoln, Lindsay, Meredith, , Mundv, Pollard. Portlock. Quarles, Robertson, Stebbins, Thom,ThorD- ibull, Waddill, Wescott, Willis, Wise, and Mr. President— 36. xotion of Mr. Barbour the Conventiou adjourned. FRIDAY, JUNE 6, 1902. Convention assembled at 10 o'clock A. M. Prayer by sa Driscoll, of the Methodist Episcopal church, roll of the Convention was called and the following rs were present and answered to their names : . Allen, George K. Anderson, W. A. Anderson, Ayers, Barbour, Manly ?8, Thomas H. Barnes, Blair, Boaz, Bouldin, Braxton, Bristow, Brooke, Cameron, O. J. Campbell, P. W. Campbell, Carter, Chapman, Cobb, i, Daniel, Davis, Dunaway, Earman, E^igleston, Epes, Fletcher, Flood, Glass, B. T. Gordon, James W. Gordon, R. L Gordon, Green, Gwyn, , Hardy, Harrison, Hatton, Hooker, Ingram, Clagpett B. Jones, G. W. eezell, Kendall, Lawson, Lincoln, Lindsay, Lovell, Marshall, Meredith, , R. Walton Moore, Thomas L. Moore, Mundy, O* Flaherty, Orr, Phillips, Portlock, Quarles, Rives, Robertson, Smith, Stebbins, Summers, Tarry, Thornton, Turnbull, Waddill, Walter, Wateon, Wescott, Wise, Wood- ancey, and Mr. President — 79. action of Mr. Barbour the reading of the journal was ^ed with. Barbour offered the following resolution : solved. That the members and clerks of the Committee edule and Final Revision and Adjustment be paid one e to and from their respective homes, in addition to their m pay heretofore allowed them for their attendance on sions of said committee during the recent recess of this ition." ih was referred to the Committee on Accounts and Ex- Lires. Lindsay made the following special report of the Com- on the Journal and on Enrollment of the Ordinances and tions of the Convention : r committee has carefully considered the question sub- and makes the following report : r committee is unanimously of the opinion that it is in- ent to attempt to have a draft of the Constitution and lie written by several different penmen, k of a crude and unsatisfactory character, would be the Digitized by Googk 634 JOUBNAL OF THE OONSTITUTIONAL OOKVENTIOir. result, and as compared with providing a printed di would be no saving in time. Your committee finds that, even using the type al only resetting so much as is necessary to incorporate t raents adopted and the Schedule, it will require five at the lowest estimate, for the printer to furnish a draft of the printed instrument. In this estimate no allowance is made for the time for your committee to do the proofreading, correctioi fication that would be necessary to insure an absolute draft of the Constitution and Schedule as amended an< Your committee is unwilling to report back to th tion as correct, a draft of the Constitution and Schec out having made a most careful verification. In order to present such verified copy it will be that your committee be allowed several days for this addition to the time required by the printer. Your committee is firmly convinced that it will be therefore, under the most favorable conditions, thi seven or eight days be allowed this committee to pr present to the Convention such a draft of the Constit Schedule as they could vouch to be correct. It will require this time to prepare such a draft, in expeditious manner, and it will entail considerable e: the Convention to remain in actual session waitin work to be completed. A recess taken with mileage, but without pay, \ much less and would enable your committee to dis duties in what it considers the proper manner. Your committee therefore earnestly recommendi Convention take such a recess until June 25th, an< that the Committee on the Journal and on Enrollm( Ordinances and Resolutions of the Convention be aul sit during said recess. J. H. LINDSAY, Ch JAS. W. MARSHAL JNO. THOMPSON B W. L. COBB, TIMOTHY RIVES, J. B. T. THORNTOl J. A. BRISTOW. Mr. Barbour offered the following as a substitute ** Resolved, That the Committee on Enrollment b to have the Constitution and Schedule engrossed by June 9, 1902, and authorized and directed to employ i number of persons to carry out these directions." n Digitized by Google JOUfilTAL OF TnB CONSTITUTIONAL CONVBNTION. 535 Fmr, Gordon, of Richmond, offered as an amendment to the pbstitute, the following : i **Resolved, That the Committee on Enrollment be instructed p proceed at once to furnish the Convention, as soon as possi- ile, with a printed copy of the Constitution, to be certified by Be President and Secretary of the Convention." f-which was rejected. The question then recurring on the substitute proposed by Ir. Barbour, it was rejected — ayes, 20 ; noes, 50. ] On motion of Mr. Barbour the vote was recorded as follows : -\fe88r8. Barbour, C. J. Campbell, Garter, Chapman, Davie, Earman, on, B.T. Gordon. R. L. Gordon, Hardy, Hooker, Keezell, LawBon,LoveU, )L Moore, Orr, Robertson, Smith, Tarnbull, and Yancey— 20. Messrs. Allen, George K. Anderson, W. A. Anderson, Manly H. Barnes, «tr, Bouldin, Braxton, Bristow, Brooke, Brown, Cameron, P. W. Campbell, bbb, Crismond, Daniel, Dunaway, Epes, Gilmore, James W. Gordon, Green, kjn, Hancock, Harrison, Hatton, Ingram, Claggett B. Jones, G.W.Jones, indsay, Marshall, Meredith, R. Walton Moore, Mundy, O'Flaherty, Phillips, Blkrd, Portlock, Quarles, Rives, Stebbins, Summers, Tarry, Thorn, Thornton, Tiddill, Walter, Watson, Wescott, Wise, Woodhouse, and Mr. President— 50. Mr. BoAZ announced that he was paired with Mr. Glass, rho, if he were present, would vote no, and he would vote aye. The vote was then taken on the report of the committee, and was adopted. On motion of Mr. Anderson, of Rockbridge, the Committee n Enrollment, etc., was discharged from further consideration f the new Constitution as referred to them. ' Mr, Cameron moved that the Constitution be now adopted. The question being put "shall the Constitution, as revised ind amended, become the organic law of the State?'' it was lecided in the aflSrmative — ayes, 90 ; noes, 10. hand, on motion of Mr. Flood, the vote was recorded as fol- lows: ttng— Messrs. Allen, George K. Anderson, W. A. Anderson, Avers, Barbour, Pmid, Manly H. Barnes, Thomas H. Barnes, Boaz, Bolen, Bouldin, Braxton, jrooke, Brown, Cameron, C. J. Campbell, P. W. Campbell, Carter, Cbapman, wbb, Crismond, Daniel, Dunaway, Eggleston, Epea, Fairfax, Fletcher, Flood, pMTiett, Gilmore, Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, Green, J«^ry, Gwyn, Hamilton, Hancock, Hardy, Harrison, Hatton, Hooker, Hubard, " on, Ingram, Claggett B. Jones, G. W. Jones, Keezell, Kendall, Lawson, «y. Lovell, Marshall, Mcllwaine, Meredith, Miller, Moncure, R. Walton e, Mandy, 0*Flaherty, Orr, Parks, Pettit, Pollard, Portlock, Quarles, Rich- nd. Rives, Robertson, Smith, Stebbins, Stuart, Tarry, Thom, Thornton, Tum- Wll, Vincent, Waddill, Walker, Walter, Watson, Wescott, Willis, Wise, With- Ni Woodhouse, Wysor, Yancey, and Mr. President — 90. ! Koft-Messrs. Blair, Bristow, Davis, Earman, Gillespie, Lincoln, Thomas L. Koore, Pedigo, Phillips, and Summers— 10, Digitized by Google 536 JOURKAL OY THB OONSTITUTIONAL OOKVBNTIOV. Mr. Lindsay offered the following resolution : Resolved, That a copy of the specially bound Const and also a copy of the debates of the Convention, she be printed by the Convention, be presented to each of 1 paper reporters who have regularly reported for their n papers the proceedings of the Convention. — which was agreed to. On motion of Mr. Quarles the Constitution, as ad the Convention, was referred to the Committee on ment, etc. Leave of absence was granted the following membei Mr. Cameron, two days, on motion of Mr. Andi Alleghany. Mr. Hamilton, three days, beginning yesterday, oi of Mr. Thom. Mr. Thom, one day, on motion of Mr. Braxton. Mr. Moore, of Fairfax, one day, on motion of Mr. I Mr. Hatton, one day, on motion of Mr. Portlock. Mr. WooDHousB, one day, on motion of Mr. Brook Mr. Barham, one day, on motion of Mr. Barnes, o mond. Mr. Braxton, three days, on motion of Mr. Lindsa Mr. Cobb, two days, on motion of Mr. Hardy. Mr. Campbell, of Amherst, two days, on motioi Gordon, of Nelson. Mr. Eggleston offered, the following resolution : Resolved, That a suflBcient number of bound copie Constitution be furnished the Secretary of the Comm< to supply public libraries, and National and State insi with which tlie Virginia State Library has established c arrangements. — which was agreed to. Mr. Thom moved that when the Constitution is pri Secretary be instructed to send each member of the Co fifty copies, and each clerk of the counties and cities dred copies. — which was agreed to. On motion of Mr. Anderson, of Rockbridge, sectior Schedule was taken up. Mr. Anderson, of Rockbridge, moved to amend seci inserting after the word ''counties," in line 6, the wor the clerks of all the other county courts of the State e: clerks of the county courts of Accomac, Augusta, Campbell, Fairfax, Lee, Loudoun, Hanover, Henrico, ham, Nansemond, Southampton, Pittsylvania, Neh Wythe." Mr. Meredith moved as an amendment in the nai 1 Digitized by Google JOUBNAL OF THB CONSTITUTIONAL OOKTSNTIOir. 537 itute the following : Strike out from the word '' there," in Jl3, down to the word ''counties," in line 15, and insert in thereof the words, "the judge of the circuit court elected this Constitution shall designate which of the said clerks Id be the county clerk, and the clerk so designated should from the 1st day of February, 1904, to the 1st day of r, 1906, on which last mentioned day his successor ed'on Tuesday after the 1st Monday in November, 1905, all enter upon the discharge of his duties." Mr. Wescott called the pending question. The pending estion being ordered, the question was put on the amendment jposed by Mr, Meredith, and it was rejected — ayes, 30; es, 42. On motion of Mr. Meredith the vote was recorded as fol- F5. ne — Messrs. Alleu, Ayers, Barbour, Manly H. Barnes, Thomas H. Bamee, ter, Cobb, Dunaway, EggleBton, Gilmore, James W. Gordon, R. L. Gordon, In, Gwyn. Hardy, Hooker, Claggett B. Jones, G. W. Jones, Kendall, Lawson, iluill^ Meredith, Mundy, Orr, Koberteon, Tarry, Turnball, Watson, Wescott, Mr. Pr^ident— 30. )BB — Messrs. George E. Anderson, W. A. Anderson, Blair, Boaz, Bouldin, Eton« Bristow, Brooke, Brown, Cameron, C. J. Campbell, P. W. Campbell, [»inan, Criemond, Daniel. Davie, Earman, Epes, Flood, Gla^s, B. T. Gordon, rock, Harrieon, Hatton, Ingram, Lincoln, Lindsay, Lovell, Moncnre, R. Wal- Hoore. Thomas L. Moore, Phillips, Pollard, Portlock, Qaarles, Riyes, Smith, bios. Summers, Thom, Thornton, and Yancey — 42. le question then recurring on the amendment proposed by Anderson, of Rockbridge, the question was put and it a^eed to — ayes, 48 ; noes, 21. motion of Mr. Meredith the vote was recorded as fol- L" -Messrs. Allen, George K. Anderson, W. A. Anderson, Manly H. Barnes, f, Boaz, Bouldin, Bristow, Brooke, Brown, Cameron, C. J. Campbell, Carter, pman, Cobb, Crismond, Earman, Eg$(le8ton, Epes, Flood, Gilmore, Glass, m, Hancock, Hardy, Harrinon, Hatton, Hooker, In|i:ram, Lincoln, Lindsay, Talton Moore, Thomas L. Moore, Mundy, Phillips, Pollard, Portlock, Qaarles, %, Smith, Stebbins, Thom, Thornton, Turnbiill, Waddill, Woodhoase, Yan- and Mr. President— 48. ^m — Measrs. Ayers, Barbour, Thomas H. Barnes, Braxton, P. W. Campbell, id^ Dana way, James W. Gordon. R. L. Gordon, Green, G. W. Jones, JLaw- LoTcll, Marshall, Meredith, Orr, Robertson, Summers, Tarry, Watson, and ftitt— 21. m Andkbson moved to further amend by inserting after the ■ "counties/' in line 12, the following words: *'of Acco- ^Augusta, Bedford, Campbell, Fairfax, Lee, Loudoun, rdon, Green, Gregory, Gwyn, sock, Hardy, Harrison, Ingram, Claggett B. Jones, Keezell, Kendall, Bay, Lovell, Marshall, Meredith, Moncure, Mandy, O' Flaherty, Orr, Pettit, ipe. Pollard, Portlock, Quarles, Rives, Robertson, Smith, Stebbms, Bammers, r, Thornton, Tamball, Waddill, Watson, Wescott, Yancey, and Mr. Presi- -61. n motion of Mr. O'Flaherty the reading of the journal dispensed with. [r. Thornton offered the following resolution : esolved. That when the Convention adjourns to-day it ad- •n to meet on Wednesday, the 25th day of June, 1902, at >'clock; the members and employees of the Convention, ex- fc the members of the Committee on Enrollment and neces- r clerks, to receive no pay during the recess, but shall be tied to mileage. The members of the Committee on EnroU- it and the clerks of said committee to receive pay for the B actually employed during the recess, ^hich was agreed to. [r. Meredith oflFered the following resolution : iesolyed. That when this Convention shall adjourn after the 3lling of the Constitution, it shall adjourn subject to the of the President, or in case of his inability, subject to the of the Vice-President thereof, or in case of the inability of 1 the President and Vice-President, subject to the call of Governor of the State of Virginia, if in the opinion of the «r making such call, the re-assembling of the Convention be Jssary in order to put in more perfect operation the Consti- on proclaimed by this Convention as of the 10th day of f, 1902, or for any other important matter which may arise ■eunder; provided, however, that if no such call be made r to the 1st day of January, 1903, this Convention shall I stand adjourned sine die, id, on his motion, it was ordered to lie on the table and be ited. 'r. Braxton asked unanimous consent for the county of abeth City to be added to the list of counties exempted in ion 8 of the Schedule, which was agreed to. t. AiJDERsoN, of Rockbridge, asked unanimous consent to »id section 19 of the Schedule as follows : Before the word d/' in line 6, insert the words ''qualifications of members." bjections being raised, Mr. Anderson, of Rockbridge, ^ftd to suspend the rules, which was agreed to— ayes, 50; »,1. kevote was then taken on the amendment and it was pted. Digitized by Google 540 JOURNAL OF THE CONSTITUTIONAL OONVBNTI Mr. Meredith offered the following resolution Resolved, That the Secretary of the Convention to obtain from the clerks of the several committee the record or minute books of the several commi papers containing any resolution referred to such and that he shall also compile a complete set of a or propositions offered to this body pertaining to ; the Constitution. 2. That he shall deliver such books and papers Librarian for safe keeping. — which was agreed to. On motion of Mr. Green unanimous consent ^ record Mr. Withers as voting in favor of section by the Convention. Leave of absence was granted the following me Mr. Davis, one day, to-day, on motion of Mr. 1 Mr. Jones, of Pittsylvania, one day, to-day, i Mr. Green. Mr. Parks, one day, to-day, on motion of Mr. Rockbridge. Mr. Anderson, of Rockbridge, from the Comm Revision, etc., reported an ordinance to provide tration of voters under this Constitution, and pri< 1904. Mr. Barbour moved that the speeches on this < amendments thereto be limited to five minutes eat agreed to. Mr. Blair presented the following communicat Richmond, Jt Gentlemen of the Convention: I have, after diligent enquiry and careful cons cured a list of gentlemen for appointment as reg the new Constitution and I most earnestly comn you for appointment. These gentlemen are all men of the highest < intelligence, and are all Democrats of life-long st I refer you to any person in Wythe county as t of these gentlemen and as to their unquestionable I trust they may meet your approval, as the ch men who compose the boards of registrars is of t] importance to the people of the counties in whicl serve. Wytheville Magisterial District, — J. M. Sud Brady, Frank Owens. Black Lick Magisterial District, — J. B. S Snavely, Jos. L. Groseclose, Digitized by Google OtJRKAL 07 THB CONSTITUTIONAL CONVENTION. 541 -H. M. Ayer, Noah Akers, —James K. Hollingsworth , G. Hager, Jas. ell Magisterial District,— )wn. Lnes Magisterial District,- kson, Thomas Painter, liswell Magisterial District, — Saml. % Robert Blair. LiR then moved the names mentioned in the above ation be the board of registrars for Wythe county, bion was rejected — ayes, 3 ; noes, 50. PERSON, of Rockbridge, moved to adopt the ordinance ation as amended. Lss called the pending question. The pending ques- ordered, the question ** shall the ordinance on regis- amended be adopted*' was put and it was decided in ative — ayes, 49 ; noes, 3. ion of Mr. Gordon, of Richmond, the vote was re- follows : ars. Allen, Georj^e K. Anderson, W. A. Anderson, Ayerp, Barbour, rnea, Thomas H. Barnes, Boaz, Bouldin, Braxton, Brooke, Brown, bell, Carter, Crismond, Daniel, Epes, Gilmore, Glass, B. T. Gordon, ordon, R. L. Gordon, Green, Gregory, Hancock, Ingram, Gla^ett 5ndall. Lindsay, Lovell, Marshall, Meredith, Orr, Pettit^ Pollard, irles, Rives, Robertson, Stebbins, Tarry, Thornton, TurnbuU, Wad- Wescott, Wise, Yancey and Mr. Preeident— 49. era. Blair, Bristow, and Sunamers — 3. JBOUR offered the following resolution • d, That the printing and binding of the 250 special he Constitution, as well as of the 25,000 copies of the tofore ordered to be printed, be done under the su- of the Committee on Enrollment, ?'as agreed to. ion of Mr. Ayers the Convention adjourned. WEDNESDAY, JUNE 25, 1902. ivention assembled at 12 o'clock M. Prayer by Rev. . L. Smith, of the Baptist church, of the Convention was called and the following mem- present and answered to their names : len, George K. Anderson, W. A. Anderson. Ayers, Barbour, Barbam, JarneB, ThomaB H. Barnes, Blair, Boaz, Bolen, Boaldin, Bristow, leron, C. J. Campbell, P. W. CampbelL Carter, Obapman. Cobb, aniel, Davis, Eggleston, Epes, Fairfax, Fletcher, Gamett, Gilmore, I Digitized by Googk 542 JOUBNAL OF THE CONSTITUTIONAL C0NVEN1 B. T. Gordon, JamcB W, Gordon, R. L. Gordon, Green, Gregror Hardy, Hatton, Hunton, Ingram. Claggett B. Jonea, G. T Kendall, Lawson, Lincoln, Lindsay, Lovell, Marshall, Mel Miller, Moncure, R, Walton Moore, Thomas L. Moore, 0*FIah( Phillips, Pollard, Portlock, Quarles, Richmond, Rives, Roberteo Stuart, Tarry, Thorn, Thornton, Turnbull, Vincent, Waddill, Willis, Wise, Withers, Wysor, and Mr. President— 82. On motion of Mr. Barbour the reading of th dispensed with. Leave of absence was granted the following m Mr. Braxton, two days, on motion of Mr. M fax. Mr. Summers, one day, to-day, on motion of 1 of Washington. Mr. Orr, indefinite leave, on motion of Mr. E Mr. Brooke, one day, to-day, on motion of Mi Mr. Walker, indefinite leave, on motion of King and Queen. Mr. Green offered the following resolution : Resolved, That the members and clerk of the the Journal and Enrollment of the Ordinances a] of the Convention, who were in attendance at th that committee during the recess, be allowed mi! — which was referred to the Committee on Acc< penses. Mr. Anderson, of Rockbridge, offered the fol tion : Resolved, That out of the 25,000 copies of tb and of the copies of the registration ordinance, j order of the Convention, 1,750 copies of each b( the Secretary of the Commonwealth to enable carry out the provisions of the registration ord: Convention, — which was agreed to. Mr. HuNTON offered the following resolution : Resolved, That the members of the Committe and Reporting are hereby appointed as revisers ( ings of the Convention and are empowered to such steps as may be necessary to carry out su< was authorized by the resolution of the Conven on Thursday, June 5th, and to make such co therein authorized. 2. That the Treasurer of the State is hereby i required to pay such warrants as may be drawn the payment of the work so authorized. — which was agreed to. Mr. Anderson, of Rockbridge, offered the f nance : Digitized by Google JOUEKAL OF THE CONSTITUnOWAL OOKVBKTIOir. 643 dained by the delegates of the people of Virginia in m assembled that 1. All charters heretofore granted by special acts of iture of this State, which, by their provisions, may which may be forfeited for any non-performance of rement therein, between the 1st day of May, 1902, 3t day of May, 1903, are hereby extended to the Ist ty, 1903. 2. This ordinance shall be in force from its passage, vas referred to the Committee on Final Revision, etc. ion of Mr. Hunton, and by unanimous consent of the 'n, the word **Fauquier'' was inserted after the word " in section 8 of the Schedule. ion of Mr. Wysor, and by unanimous consent of the n, the words '*and W3^the" were stricken out and the d" inserted after the word ''Pittsylvania." DERsoN, of Rockbridge, moved to reconsider the vote the ordinance on registration was adopted, which %s decided in the affirmative. ; of registrars was then taken up, and on motion of tM the name of Matthew H. Morton, in the first ward r of Manchester, was stricken out, and the name of en inserted in lieu thereof. ion of Mr. Pettit the name of A. 0. Bell, in Oolum- ;t, Fluvanna county, was stricken out, and the name . Holland was inserted in lieu thereof. ion of Mr. Brown the name of J. E. Fuqua, in the Bedford, was stricken out, and the name of W. R. r., inserted in lieu thereof. ^iR moved to strike out the name of William Terry, nty of Wythe, and insert in lieu thereof the name of tdy. ras rejected. iscoTT moved to strike out the name of William T. Liee magisterial district, Accomac county, and insert of Thos. C. Kellara in lieu thereof. ^as agreed to. NiEL moved to strike out the name of Mark A. Haden, Liver district, Campbell county, and insert the name )illard in lieu thereof. eas agreed to. RNETT moved to strike out the name of W. K. Smith, listrict, Gloucester county, and insert in lieu thereof of W. A. Robins. vas agreed to. RDON, of Nelson, moved to strike out, in Rockfish dis- i Dig»d by /Google 644 JOtTRKAti 0> THB OONtflTi'UTIONAL OONVBNTl ^ trict, Nelson county, the name of Hugh T. Foste in lieu thereof the name of J. L. Kent, Jr. — which was agreed to. Mr. Withers moved to strike out the name of G in Horse Pasture magisterial district, Henry coi sert the name of D. M. Fry in lieu thereof ; also, the name of B. F. Dyer, in Leatherwood magist Henry county, and insert the name of T. G. ii thereof ; also, to strike out the name of M. J. Le Creek magisterial district, Henry county, and ins of Thomas R. Winn in lieu thereof; also, to £ name of J. H. Hobson, in Irisburg magisterial di county, and insert the name of W. G. Gravely, ir — which motions were agreed to. Mr. Anderson, of Rockbridge, moved to strike of J. S. Aker, in Marion magisterial district, S and insert the name of John T. Fry in lieu there — which was agreed to. Mr. Bristow moved to strike out the name ol in Jamison district, Middlesex county, and ins of Burke Richardson in lieu thereof. — which was agreed to. Mr. Moore, of Montgomery, moved to substiti ing names for those already adopted for Montgon Alleghany Springs,— E. H. Taylor, S. C. Bt Lancaster. Christiansburg, — Geo. W. Fagg, J. W. Waltei rence. Auburn, — P. H. Kinger, Chas. W. Surface, C. Blacksburg, — Howe Brown, M. S. Price, G. C. — which was agreed to. Mr. HuNTON moved to strike out the names shall and Jno. B. Payne, in Marshall district, Fai and insert the names of Jno. M. Ashby and Og lieu thereof. — which was agreed to. Mr. O'Flaherty moved to strike out the nt Finnell, in Battle magisterial district, Clarke cc sert the name of P. H. Powers, in lieu thereof. — which was agreed to. Mr. Cameron offered the following resolution. DENT, pro terriy in the chair :) Resolved, That the thanks of the Convention t tended to the Honorable John Goode, President for the great ability, fairness, and efiBciency whic hibited in the discharge of his duties, with ou wishes for his health, happiness, and prosperity. — which was unanimously agreed to. Digitized by Google JOUfiNAL OP THB OONSTIXUTIONAL OOKTSNTION. 545 NiEL, then, in a few appropriate remarks, presented to iDKNT of the Conventon a watch and chain in behalf embers of the Convention. lOM offered the following resolution : ed, That the thanks of this Convention be, and the eby are, tendered to Col. Joseph Button, the Secretary >nvention, for his uniform courtesy, and for his fidelity ty in the performance of his exacting and honorable 'ith the request that ho receive from the Convention %nce of the affectionate regard and esteem of all its was unanimously agreed to. ooRE, of Fairfax, offered the following resolution : ed, That out of the 25,000 copies of the Constitution, e copies of registration ordinance, printed by the order anvention, 1,750 copies of each be furnished to the J of the Commonwealth, to enable thatofiBcer to carry ►rovisions of the registration ordinance of this Con- was agreed to. ooRK, of Fairfax, offered the following resolution : ed. That on the order of the Secretary of the Com- th, with proper vouchers attached, the Auditor of ccounts draw on the Treasurer of the State, in favor Secretary of the Commonwealth, for sums of money ; to pay postage and express charges necessary to carry )rovisions of the registration ordinance of this Con- The said sums to be charged as a part of the ex- f the Convention, was agreed to. STDERSON, of Alleghany, offered the following resolution : he Committee on Reporting and Printing be, and they J by authorized to secure from the stenographers who the first few days proceedings of the Convention, be- official reporters were secured, a full report of those ngs, and that the Treasurer of the State is hereby in- and required to pay such warrants as may be drawn a for the payment of said report, was agreed to. fiGLESTON offered the following resolution and asked its te consideration, which was agreed to. ^ed, That Jno. H. Overby and Jno. P. Goss, clerks in 3 of the Auditor of Public Accounts, be paid each the S300.00, the said suras to be charged by the Auditor 5 of the expense of the Convention, he Secretary of the Convention be directed to draw 69 Hgitized by Google S46 JOURNAL OF THB OONSTITUTIOKAL OONVBNTIO warrants on the Auditor of Public Accounts for s favor of said persons. The vote was then taken on the adoption of th and it was rejected — ayes, 15 ; noes, 56. On motion of Mr. Wkscott the vote was recordec Atbi— MeMrs. Ay era, Bolen, Boaldin, Bristow, Brown, Da Garnett, Hancock, Ingram, Lindsay, Pollardt Portlock, Richi dill— 15. Noes— Messrs. Allen, W. A. Anderson, Barbour, Barham, M Thomas H. Barnes, Blair, Cameron, Carter, Chapman, Cobb, C Epes, Fairfax, Fletcher, Gilmore, James W. Gordon, R. L. Gregory, Gwyn, Hardy, Hatton, Hunton.ClsggettB. Jones, G. Vi Lawson, Loyell, Marshall, Mcllwaine, Meredith, Miller, Mon< Moore, O' Flaherty, Parks, Pettit, Phillips, Riyes, Robertson, i Tarry, Thorn, Thornton, Tambnll, Vincent, Watson, Wescot Withers, Wysor, and Mr. President— 56. On motion of Mr. Brown the length of to-day'i extended so that the report of the Committee on Enrollment could be received. Mr. Brown moved that when the Convention ad; it adjourn to meet to-morrow at 10 o'clock A, M. — which was agreed to. Mr. Lindsay, from the Committee on the Journs roUment of the Ordinances and Resolutions of the presented the following report : To the Honorable John Goode, President of the Conve This committee begs leave to submit the followi Your committee has prepared an ofiBcial copy o tution and Schedule adopted by the Conventio been duly certified to the Governor as directed in the said Schedule. It presents herewith to the Convention the Con Schedule adopted by the Convention and referred mittee for enrollment. Every detail of the enrollment has been perform closest scrutiny by your committee, and in the and painstaking manner of which it is capable. Every effort has been exhausted to so prepar transcript of the work of the Convention that scrupulously exact in every detail. This committee feels constrained to say, in just sor Wagner, that his work would have been mon to him could he have devoted more time to its e: desires to commend the grade of the work he has der the heavy pressure necessary in order to comp the limits of time allowed. Your committee has had suflBcient space pro' 1 Digitized by CjOOQ IC JOURNAL OF THE CONSTITUnONAL OONVBNTION. 647 ter of the Convention may subscribe his name to the id a comprehensive index of the Constitution and repared, which appears in the printed copies, ovided, ready for distribution to the members of the 1, the five thousand (5,000) printed copies ordered $e. ity thousand (20,000) additional copies are being rapidly as possible. hundred and fifty (250) special copies will also be iistribution very soon. ►f-sheets for all the copies ordered printed were read y the committee, and the finished work has been re- Brified with great care. of the printed copies of the instrument, so far as littee can guarantee it, is correct in every detail, mittee offers the following resolutions, and requests )nvention adopt the same : ., That the Committee on Enrollment be, and is, bhorized to prepare one hundred and fifty special be Constitution, Schedule, and ordinances, in addi- two hundred and fifty copies heretofore ordered, le copy be sent by the Secretary of the Convention mber and officer of the General Assembly. [, That the Committee on Enrollment be, and is, lorized to contract for three hundred photo-lithograph le Constitution, Schedule, and ordinances, one-fourth original, that said copies shall be executed under )n of the Secretary of the Commonwealth, who shall copy to the Governor, one to each member and of- Convention, one to Professor Wagner, and one each B Library, to the libraries of the "Court of Appeals nd, Staunton, and Wytheville, to the different State 1 institutions, and to the several other colleges in the shall preserve the remaining copies in his ofiice sub- action of the General Assembly, hich is respectfully submitted, J. H. LINDSAY, Chairman. JAS. W. MARSHALL, MANLY H. BARNES, TIMOTHY RIVES, J. B. T. THORNTON, JNO. THOMPSON BROWN, C. E. MILLER, J. A. BRISTOW, W. L. COBB, J. L. BARHAM. )i|ed by Google DigMed by 548 JOURKAL OF THE GOKBTITUTIQNAL GOKVBNTIOM Mr. Barboue moved to strike out the section of referring to lithographing, which was agreed to- noes, 10. On motion of Mr. Ba&bour the vote was recorded Atu— Meflsra. Allen, George K. Anderson, W. A. Anderson, Bar Thomas H. Barnes, Boaz, Bolen, G. J. Campbell, P. W. Campbell, maD, Crismond, Davis, EgKleston, Epes, Fairfax, Fletcher, Gamei T. Gordon, James W. Gordon, R. L. Gordon, Green, Gregory, Hi Hunton, ClaKgett B. Jones, G. W. Jones, Keezell, Kendall, Li Mcllwaine, Meredith, Moncure, R. Walton Moore, Thomas L. Mooi Parks, Pettit, Phillips, Pollard, Richmond, Robertson, Smith, Su Tarry, Thornton, TambuU, Vincent, Watson, Wescott, Willis, ^ Wysor, and Mr. President— 60. NoBS—Messrs. Ayers, Manly H. Barnes, Bouldin, Bristow, Brc Hatton, Miller, Portlock and Rives— 10. The report, as amended, was then adopted. Mr. LiNDSAi: offered the following resolution : Resolved, That the members of the Convention b to sign the engrossed copy of the Constitution. — which was adopted. On motion of Mr. Fairfax the Convention adjou THURSDAY, JUNE 26, 1902. The Convention assembled at 10 o'clock A. M. Rev. Dr. Richard McIlwaine, of the Presbyterian The roll of the Convention was called and the folL bars were present and answered to their names : Messrs. Allen, George K. Anderson, W. A. Anderson, Barbour,] H. Barnes, Thomas H. Barnes, Blair, Boaz, Bolen, Bouldin, Br Brown, Cameron, O. J. Campbell, P. W. Campbell, Carter, Ch Crismond, Daniel, Davis, Dunaway, Eggleston, Epes, Fairfax, Fie Gilmore, Glass, B. T. Gordon, James W. Gordon, R. L. Gordon, C Gwyn, Hancock, Hardy. Hubard, Hanton, Ingram, Clageett B Jones, Keezell. Kendall, Lawson, Lincoln, Lindsay, LovelirMarsb Meredith, Miller, Moncure, R. Walton Moore, Thomas L. M O* Flaherty, Parks, Pettit, Phillips, Pollard, Portlock, Quarle8,Ric Robertson, Smith, Stebbins, Stuart, Tarry, Thorn, Thornton, Tun Waddill, Watson, Wescott, Willie, Wise, Withers, Woodhouse, V and Mr. President— 86. On motion of Mr. Anderson, of Alleghany, the the journal was dispensed with. Leave of absence was granted Mr. Cameron one ( tion of Mr. Moore, of Fairfax. 1 Digitized by Google JOURNAL OF THE CONSTITUTIONAL OONVXKTIOir. 549 iTYN offered the following resolution : Bd, That the thanks of this Convention be tendered )hn W. Richardson, Register of the Land Office, for rm courtesy and kindness to this body and its mem- was agreed to. )ORE, of Fairfax, offered the following resolution : 3d, That the draft of the Constitution and Schedule, 3d by the Committee on Enrollment, be, as the same is, d and accepted as the accurate and authentative and t, and copies thereof printed by authority of the Con- and copies thereof certified by the Secretary of the wealth, shall be received as evidence by the courts of , and the General Assembly may provide other methods of such Constitution and Schedule, was agreed to. fDKRSON, of Rockbridge, from the Committee on Final , etc., made the following report : rdained by the delegates of the people of Virginia, in Dn assembled, that I 1. All charters heretofore granted by special acts of ral Assembly of this State, which, by their provisions re, or which may be forfeited for any non-performance quirement therein, between the first day of May, 1902, irst day of May, 1903, are hereby extended to the first ay, 1903. But this ordinance shall not operate to ex- charter of any corporation as to postpone any forfei- Bof till said last named date, unless and until such shall have paid into the treasury of the State the :;e now prescribed by law. This ordinance shall be in force from its passage, was adopted. fDERsoN. of Rockbridge, offered the following resolu- asked its immediate consideration, which was agreed 3d, That the sum of two hundred dollars be paid to naman, assistant secretary of the Convention, for ex- ;es rendered by him in connection with the work of nittee on Final Revision and Schedule, and the Com- 1 the Enrollment of the Constitution and ordinances >y the Convention. te was then taken on the resolution and it was adopted. MPBELL, of Washington, oflfered the following resolu- Bd, That the Secretary of the Convention be directed lis warrant on the Auditor of Public Accounts to the rgeant-at-arms, and the door-keepers, for fifty dollars litized by Google 550 JOUBKAL OV THB OONSTITUTIONAL OONVENTIO] each, and the pages for twenty-five dollars each, ex sation for the session of the Convention. — which was, on motion of Mr. Boaz, referred to 1 tee on Accounts and Expenses. Mr. Lindsay offered the following resolution : Resolved, That it shall be the duty of the Super Public Printing to see to the distribution of prini the Constitution among the members of the Com of the General Assembly as heretofore provided, pense connected with printing, binding, and distril same shall be paid by the proper oflScers of the S ment, upon presentation of the said superintende therefor. — which was agreed to. Mr. TuRNBULL offered the following resolution : Resolved, That the thanks of the Convention b< are, hereby tendered to F. B. Watkins, the serge and A. O. Sullivan and P. E. Lipscomb, dobrkee Convention, for the eflScient manner in which the charged the duties of their respective positions. — which was agreed to. Mr. Meredith called up the resolution proposed lating to the date of final adjournment of the Con^ offered the following as a substitute : Resolved, That when the Convention adjourns to adjourn subject to the call of the President of the or, in case of his inability, subject to the call of th pro tempore, or, in case of the inability of both th and President pro tempore, subject to the call of tl of the State of Virginia, if, in the opinion of the ofl such call, the re-assembling of the Convention be i order to put in more perfect operation the Consi claimed by this Convention as of the 10th day of Ji for any other important matter which may arise provided, however, that if no such call be made first day of January, 1903, this Convention shall adjourned sine die. Mr. MooRB, of Montgomery, offered the folio amendment in the nature of a substitute : **Resolved, That when the Convention adjouri adjourn sine die.'' Mr. Barbour moved to lay the amendment in th a substitute on the table, which was agreed to. The question then recurring on the resolution Mr. Meredith, it was rejected — ayes, 20; noes, 54 On motion of Mr. Wbscott the vote was recordec 1 Digitized by Google JOUBNAL OP THB CONSTITUTIONAL CONVENTION. 551 sera. Allen, W. A. Anderson, Manly H. Barnes, Thomas H. Barnes, >wn, Cobb, Crismond, Epes, Fairfax, B. T. Gordon, Gregory, Han- , Mcllwaine, Meredith, Mundy, Parks, Richmond, and Tarry — 20. ssrfi. George K. Anderson, Barbour, Barham, Blair, Boaz, Bouldin, . Campbell, P. W. Campbell, Davis, Dunaway, Eggleston, Fletcher, mes W. Gordon, Green, Gwyn, Hunton, Ingram, Claggett B. Jones, es, Keezell, Kendall, Lawson, Lincoln, Lindsay, Lovell, Marshall, care, Thomas L. Moore, O' Flaherty, Pettit, Phillips, Pollard, Portlock, ^es, Robertson, Smith, Stebbins, Stuart, Thom, Thornton, Turn bull, addill, Watson, Wescott, Willis. Wise, Withers, Wood house, and lowing pairs were announced : NiKL with Mr. Flood. RNETT with Mr. HUBARD. )ORE, of Fairfax, with Mr, Harrison. Az with Mr, Hatton. RDON, of Louisa, with Mr. Carter. 3t named in each instance would have voted in the re. [thers offered the following resolution : 3d, That this Convention desires to express and put of ; appreciation of, and thanks for, the hospitality, cour- kindness of the citizens of Richmond and the press, sally and cordially extended to this body and every thereof, was agreed to. addill offered the following resolution : ed, That the thanks of this Convention be, and the , hereby tendered to the stenographers and pages of ention for their faithful and efficient services. was agreed to. .RBOUR offered the following resolution and asked its ie consideration, which was agreed to. ed, That the sum of $200.00 be allowed the Secretary nvention for work he will of necessity have to perform adjournment of the Convention, such as indexing the etc. lestion then recurring on the resolution, the vote was i it was adopted. lOM then, on behalf of the members and officers of the on, presented Mr. Joseph Button, Secretary of the on, with a handsome watch, as a testimonial of their id affection. ADDILL offered the following resolution : ed, That the thanks of this Convention be, and they by tendered the assistant secretaries, Messrs. George and J. N. Brenaraan, and other officers and employees nvention not embraced in resolutions heretofore of- Digitized by Google &5i JOUHNAL Ot I'HB CONSTITUTIONAL CONVBNTM fered, for the faithful manner in which they havi their respective duties. — which was agreed to. Mr. Garnett offered the following resolution : Resolved, That the thanks of the Convention be the ministers of the gospel who have opened the se Convention with prayer. — which was agreed to. Mr. Anderson, of Rockbridge, moved to refer t relating to corporations, adopted to-day, to the C Enrollment, etc., which was agreed to. On motion of Mr. Wescott the chair was vac o'clock P. M. AFTERNOON SESSION. The chair was resumed at 4 o'clock P. M. Mr. O' Flaherty offered the following resolutio Resolved, That the thanks of the Convention b C. A. Boyce, Andrew Joyner, Horace A. Hawkins lor, -Walter E. Harris, E. B. Chesterraan, and E of the Washington Post, the fair and gentlemanlj ents, who have so faithfully and ably reported th( of this Convention, and that a c6py of this reso nished each of these gentlemen by the Secretary oi tion. — which was agreed to. Mr. O'Flaherty offered the following resolutic its immediate consideration, which was agreed to Resolved, That the Secretary of the Convents ized to purchase a copy of '* Payne on Election,' over to the Librarian of the State in place of one the Convention, and the Auditor of the State is draw a warrant for the purchase price of same. The vote was then taken upon the resolution] agreed to. On motion of Mr. Lindsay the Secretary of t wealth was instructed to permit, previous to Au any member of the Convention, who has not do the Constitution. Ordinances numbers one and two were then ad< Mr. Waddill, from the Committee on Account ses, made the following report. Resolved, That the Secretary of the Conventic to issue his warrant on the Auditor of Public A( Digitized by VjOOQ IC JOURNAL OP THB CONSTITUTIONAL CONVENTION. 563 g as extra compensation for the session of the Conven- e Lindsay, assistant secretary, $25; J. N. Brenaman, t secretary, $25; John W. Burger, clerk, $25; T. H. disbursing clerk, $25; A. O. Sullivan, door-keeper, E. Lipscombe, door-keeper, $25; F. B. Watkins, -at-arms, $25; J. B. Rowe, janitor, $25; C. A. Cole, $25; John C. Goode, page, $12.50; William Norfleet, 2.50; George C. Jordan, page, $12.50; Olin Richard- ge, $12.50; G. R. Warthen, page, $12.50; William page, $12.50; Walter Moncure, page, $12.50 ; E. B. page, $12.50 ; B. E. Walker, page, $12.50. Total, $300. iooRE, of Fairfax, racved that the Convention adjourn RESIDENT then put the question, ** Shall the Conven- Durn sin^ dieV^ and it was decided in the affirmative. ^RESIDENT then at 4:43 o'clock P. M. declared the ion adjourned sine die. 70 Digitized by Google r Digitized by Google 40 Digitized by Google n Digitized by Google INDKX. ITS AND EXPENSES. relating to, 101 atlon to employ an ad- lerk. 104 Auditor of Public Ac- 0 employ additional 105 committee on, 112 committee on, 128 1 committee on. 154 1 committee on. 279 committee on. 286 1 committee on. 314 committee on. 455 committee on. 456 committee on. 533 committee on. 542 extra clerical work, 545 the committee on. 549 ensation for employees, 553 TJRE, MANUFACTURING 0U9TRIIAL INTERESTS D IMMIGRATION. committee taken up by iittee of the whole, 369 rom the committee of 3. 372 m up, 372 Lb relating thereto, 372 to 375 imended adopted, 375 .LBN, OTWAY S. of election of. 260 relating to. 264 RANGE OP MEMBERS . Kendall, 25 kuart^ 25 AUDITOR OP PUBLIC ACCOUNTS Resolution requesting informa- tion, 99 Resolution requesting informa- tion, 101 Resolution requesting informa- tion, 104 Resolution requesting informa- tion, 107 Resolution requesting informa- tion, 117 Resolution requesting informa- tion, 123 Resolution requesting informa- tion, 169 Resolution requesting informa- tion, 367 Resolution requesting informa- tion, 371 BRBNAMAN, J. N. Appointed Second Assistant Secre- tary, 51 E/Xtra compensation allowed, 549 Thanks of convention extended to, 551 \ BRYAN, WM. JENNINGS. Resolution by Mr. O'Plaherty, 77 Relating to, 82 BUTTON, JOSEPH. Thanks of the convention extended to, Watch presented to, CAMERON, WILLIAM E. Relating to« 545 S61 166 Hgitized by Google 556 1NDB2C CHARTERS. An ordinance relating thereto, 543 An ordinance relating thereto, 549 Referred to the committee on en- rollment, 552 CITIES AND TOWNS. Report from the committee of the whole relating to the organiza- tion and govemment of, 365 Report taken up, 366 Amendments relating thereto, 366 to 369 Amendments relating thereto, 416 to 418 Report as amended, adopted and referred to the committee on final revision. 418 CLERKS. 51 Appointment of committee. Resolution relating to their per diem, 279 V COMMITTEIBS. Relating to appointment of. Relating to appointment of, Relating to appointment of. Appointment of« Appointment of standing. Relating to appointment of com- mittee on reduction of expenses. Relating to appointment of com- mittee on reduction of expenses. Appointment of committee on re- duction of expenses. Relating to appointment of com- mittee on agricultural, manu- facturing and industrial inter- ests and immigration. Appointment of committee on ag^ ricultural, manufacturing and industrial interests and immi- gration. Appointment of special committee, 234 Appointment of special committee, 263 Appointment Mr. Allen to, 264 Appointment of special committee, 277 Appointment of committe on final revision and adjustment, 371 93 95 Appointment of special ( to obtain some other li Resolution relating to th< tee on final revision, € COBiMUNICATI From the constitutional tion of Alabama. From the Chamber of C city of Richmond, From the Commonwea city of Richmond. From the legal, medical ceutical and dental ase From the local league o tional Afro-American From Jas. P. Harrison, From Morton Marye. au From Richmond Chambe merce. From A. A. Moss, of News, From James Hay, Sec] State, From the faculty of Wi] Mary college. From A. F. Thomas, c burg. From the common counc of Richmond, From A. F. Thomas, c burg. From the city sergeant mond, From P. M. Arthur, CONSTITUTK Draft of. Resolution relating then Report of the committee revision. Amendments relating th Amendments relating th Adopted as amended and to the committee on ei Substitute for section N Resolution to print» Adoption of. Relating to bound copiei Relating to distribution I Digitized by Google INDBX 557 rom the committee on It. ; the draft of the con- dor expense of distribu- 546 549 550 PBS'MJD ELE5CTI0N. 8at vs. Roger Gregory, by Mr. Blair relating to, by Mr. Harrison relat- by Mr. Gillespie relat- m the committee on, m 6 members of com- m 4 members of com- m Mr. Pollard, relating to« , relating to, seating Mr. Gregory "^TINGENT FUND, n Auditor of Public CONVENTION. 25 41 43 77 136 165 178 178 179 194 197 200 141 of the. 3 eeting, 15 relating to a recess, 24 relating to a recess. 87 relating to a recess, 91 relating to a recess, 95 relating to a recess, 124 relating to a recess. 125 relating to a recess. 129 relating to a recess. 133 relating to a recess 135 relating to time of 182 relating to time of 190 relating to time of 199 relating to time of 209 Resolution relating to a recess, 217 Resolution relating to a recess, 224 Resolution relating to time of meeting, 234 Resolution relating to time of meeting, 236 Resolution relating to a recess, 251 Resolution relating to a recess, 270 to 274 time of Resolution relating to meeting. Resolution relating to time of meeting. Resolution relating to a recess. Resolution relating to a recess, Resolution relating to a recess, Resolution relating to time of meeting. Resolution relating to adjourn- ment. Resolution relating to adjourn- ment. Amendment proposed by Mr. Mer- edith, 550 376 377 388 485 491 494 539 539 CORPORATIONS. Report of committee taken up by the committee of the whole, 377 Resolution relating to report, 381 Resolution relating to report, 388 Resolution relating to report, 387 Reported, with amendments, from the committee of the whole, 395 Report taken up by convention, 418 Amendments relating thereto, 418 to 428 Amendments relating thereto, 428 to 437 Report, as amended, adopted and referred to the committee on final revision, etc.« 437 COURT OF APPEALS. Requesting opinion ot COUNTIES. 49$ Report from the committee of the whole relating to the or- ganization and government of, 239 Report taken up« 308 iied by Google Digitiied by 558 INDEX Amendments relating thereto, 308 to 313 Amendments relating thereto, 315 to 318 Relating to resolution No. 282, 490 DANIEL, JOHN W. Seconding the nomination of Hon. John Goode for president of the convention, 7 DAVIS, BEVERLY A. Resolution relating to. 171 DEBATES OP THE CONVENTION. Resolution for editing. 532 Resolution relating to. 542 How expenses to be paid, 545 DOCUMENTS. Number L 102 Number IL 103 Number III, 107 Number IV, 107 Number V, 109 Number VI. 115 Number VI I L 134 Number IX, 139 Number X. .139 Number XI, 140 Number XII, 140 Number XIII. 161 Number XIV, 167 Number XV, 252 Number XVI, 370 Number XVII, 385 Number XVIII, 389 EDUCATION AND PUBLIC STRUCTION. IN- Report from the committee of the whole relating to. 308 Report taken up, 319 Amendments relating thereto, 319 to 328 Amendments relating thereto, 328 to 338 Relating to provisions tor the maintenance of the University of Virginia, 355 Relating to provision f< tenance of the Ud Virginia, Section 11 of the repoi Amendments relating The report, as amend and referred to the on final revision, et ELEX}TIVE FR^ Substitute proposed b) to minority report c Substitute proposed b hour to minority rep Amendment to sectioi report. Substitute proposed b; hour to the report mittee on Taken up by conventi( Amendments relating Amendments relating Amendments relating Amendments relating Resolution to limit. del Amendments relating Report, as amended, s referred to the coi final revision^ ftc.« ENROLLME^ Resolution relating to. Constitution referred tee on. Resolution relating to Resolution relating to. Constitution, as adopt to committee on, EXECUTIVE DBF Report from the comno whole relating to the Report taken up. Amendments relating The unfinished part ol taken up by the con Amendments thereto. Digitized by Google INDEX 559 as amended, adapted ■red to the committee Bvision and adjustment, 407 No. 280 rejected, 489 from further consid- f No. 289, 490 SVISION AND ADJUST- MENT, Ac. committee on, :he committee on judi- jrred to the committee le committee on the or- a and government of the committee on pub- Litions and prisons, the committee on pre d bill of rights, the committee on edu- id public instruction, relating to the com- the committee on agri- manufacturing and in- Lnterests and immigra- 153 307 318 350 857 364 370 875 the committee on the department. 407 tie committee on the or- Q and government of I towns< 419 ; committee to sit dur- B. 491 D.OOO copies of the ar- 491 3 to change report. 490 3 to change report of e on the legislative de- 491 the recognition of the on, 505 > the proclamation of titution. 505 [ERAL ASSEMBLY. relating thereto. 232 relating thereto. 238 relating thereto, 256 Resolution relating thereto. Resolution relating thereto, Report of special committee. Relating to recognition of constitution. the 259 262 268 505 GOODE, JOHN. Tlianks of the convention ex- tended to. 544 Watch presented to, 545 GOVERNOR OF VIRGINIA. Committee appointed to wait on, 14 Address of« 15 Relating to inauguration of the, and other State officers, 275 Relating to Inauguration of the, 280 Relating to inauguration of the, 281 Inauguration of the, 282 JUDICIARY. Report of the committee of the whole relating to. ^8 Report taken up, 287 Amendments relating thereto, 287 Amendments relating thereto. 290 to 306 Report, as amended, adopted and referred to the committee on final revision. Ac., 307 Supplementary report from com- mittee, *82 Supplementary report taken up, 488 Committee discharged from fur- ther consideration of resolution No. 260. *89 Relating to the committee on, 490 LEGISLATIVE COMMISSION. An ordinance to create a, 457 LEGISLATIVE DEPARTMENT. Relating to the report from the committee of the whole, 213 Report taken up, 338 Amendments relating thereto, 338 to 348 An amendment and separate sec- tion to the report, 360 Instructions to committee on final revision to change article on the. 491 DigitiJd by Google 560 INDEX LINDSAY, GEORGE. Appointed First Assistant Secre- tary, 51 Thanks of convention extended to, 551 Mckinley, william. Resolution relating to, 158 Resolution relating to. 168 Resolution relating to, 169 Report of committee relating to, 172 Memorial service to late, 176 Resolution to print, 178 Resolution to print agreed to, 193 Acknowledgment from Mrs. Mc- Klnley, 246 MOORE, R. WALTON. Nominating speech of. 6 MEMBERS OF CONVENTION. List of, 3 MEMORIALS. From certain women of Virginia, 78 From Knichen Fiers and others, 78 From Lafayette Fitzhugh. 79 From negro citizens of Pulaski county, 83 From negro citizens of Orange county, 92 From I. St. Pierre, of Amelia county, 99 From C. B. Hite, 99 From committee of Richmond district conference, 110 From Bedford temperance league, 114 From the Virginia association for the deaf, 124 From business men's association of Hampton. Va., 127 From public free school teachers of Lee county, 139 From bar of Manchester, Va., 147 From Shiloh Baptist church, 157 From the Free Press, Danville, 157 From Jas. E. Moxey, 172 From Australia lodge, I. O. 0. F., 174 From the bar of Lynchburg, 181 From the executive committee of the anti-saloon league, 362 From 47 members < and students of Re NEWTON, V Resignation of. OATH OF v. Relating to. Relating to. Relating to. Relating to. Relating to^ OFFICERS OF ( Election of the, PAGI Appointment of^ Appointment of add Resolution relating t PETITl From negro citizens From colored citizen county. From Thomas Wi Danville, Va., From colored cltiz county, From merchants au rers, From business me] Forge, From teachers* leagi Va., From Dover Baptist From Chamber of Co] lottesville, Va., From Board of Trade From social safety 1 peper, From Concord Baptii From members of county, From Rappahannoc church, From Methodist mini mond. From Lebanon Bapti From merchants of J Digitized by Google iNDBi 661 ms of Bedford county, oke Baptist church, US of Wythe county, ins of Lee county, ms of Rockbridge Co., Eens of Mecklenburg >f Chesterfield county, )f Botetourt county, oke Baptist association, Brove church, Accomac 9n's temperance union, county, lodist district confer- Eens of Montgomery •Elizabeth City county, >f Staunton, iTalley and Slate River ssociatfons. irelical Lutheran sjmod, tiants of Wythe county, >f Culpeper and Patrick viddie Baptist f rater- irberry Baptist associa- marle Baptist associa- :il of Staunton, ¥berry Baptist assocla- »ns of Alexandria city, ma of Petersburg, pendent Order of Odd- h Baptist church, templars, marie association, andoah Baptist associa- pendent Order of Odd- ¥berry Baptist associa- cord Baptist associa- 143 144 144 144 144 144 144 144 145 145 146 146 146 146 146 148 148 148 148 149 149 149 149 150 150 150 151 151 152 152 152 153 153 153 From Appomattox Baptist associa- tion, 153 From business men of Buchanan, 153 From New River Baptist church, 155 From Albemarle association, 155 From bar of Charlotte county, 155 From fraternal societies of Sto- nega, 155 From Albemarle association, 156 From New River Baptist church. 156 From preachers' meeting of Nor- folk and vicinity, 159 From the bar of Halifax county, 159 From citizens of Richmond county, 159 From citizens of Bedford county, 159 From Church Valley Baptist asso- ciation, 161 From Shenandoah Baptist associa- Uon, 161 From bar of Highland and Alle- ghany counties, 161 From Covington lodge, A. F. and A. M.. 161 From citizens of Fall church, 161 From citizens of Albemarle county, 163 From citizens of Fluvanna county, 163 From citizens of Wythe county, 163 From citizens of Lancaster county, 163 From the Powell River Baptist as- sociation, 163 From the New River Baptist asso- ciation, 163 From the Valley Baptist associa- tion, 163 From the New River Baptist asso- ciation, 163 From the Radford Baptist church, 163 From the White Top Lodge, 1. O. Odd Fellows, 163 From the citizens of Southampton county, 164 From Bedford county, 164 From Hanover county, 164 From Middlesex county, 164 From the bar of Lexington, Va., 164 From the voters of Shenandoah county, 166 FYom the Potomac Baptist associa- tion, 166 Digitized by Google 562 IKDBX Ff om citizens of Pittsylvania coun- ty, From citizens of Shenandoah coun- ty. From citizens of Mathews county, Fi-om citizens of Washington coun- ty, Im citizens of Petersburg, 177 From citizens of Portsmouth, 177 From Virgin Lodge, I. O. O. F., 177 From Junior Order American Me- chanics, 177 From the Strawberry Baptist asso- ciation, 177 From the bar Ac, of Newport News 177 From citizens of Montgomery county, 179 From citizens of Tazewell county, 179 Fiom citizens of Rappahannock county, 179 From citizens of Culpeper county, 179 From citizens of Caroline county, 179 From citizens of Portsmouth, 179 From citizens of Roanoke, 179 From citizens of Danville, 179 From citizens of Prince William county, 180 From citizens of Lunenburg coun- ty, 180 From citizens of Loudoun county, 180 From citizens of Albemarle county 180 From citizens of Warren county, 180 From citizens of Augusta county, 180 From citizens of Chesterfield coun- ty, 180 From citizens of Bedford county, 180 From citizens of Norfolk county, i80 From citizens of Fredericksburg, 180 From citizens of Lynchburg, 180 From citizens of Staunton, 180 From citizens of Newport News, 180 Fiom the Junior Order United American Mechanics 181 From the Valley Baptist associa- tion 181 From the citizens of Fairfax coun- ty, 183 From the citizens of Clarke coun- ty, 183 From the citizens of Shenandoah county 183 From the citizens of Pittsylvania county 183 From the citizens of Danville 183 From the Augusta county Sunday union 183 Digitized by Google 564 INDBX From the Junior Order American Mechanics 183 Prom the citizens of Rockingham county 186 Prom the citizens of Petersburg 185 Pkx>m the citizens of Richmond 185 Prom the Junior Order United American Mechanics 185 Prom certain women 185 Prom citizens of Middlesex county 186 Prom the Junior Order United American Mechanics 186 From citizens of Smyth county 187 FYom citizens of Caroline county 187 Prom citizens of Richmond county 187 Prom citizens of Albemarle county 188 From citizens of Charlottesville 188 Prom the Junior Order United American Mechanics 188 Prom citizens of Pittsylvania county 190 Prom citizens of Rockingham coun- ty 190 Prom citizens of Charlotte county 190 From citizens of Wythe county 190 From citizens of Cumberland coun- ty Prom citizens of Nansemond coun ty Prom citizens of Richmond county 190 From citizens of Norfolk county 190 Prom the Junior Order Undted American Mechanics Prom the Odd-Fellows of Manches- ter Prom citizens of Northampton county Prom citizens of Prince George county. From citizens of Fairfax county. Prom citizens of Norfolk county From citizens of Chesterfield coun- ty From citizens of Manchester From Junior Order United Amerl can Mechanics From citizens of Lexington 190 190 190 190 192 192 192 192 192 192 192 193 From citizens of Dickenson county, 193 Prom citizens of Hanover county, 193 From citizens of Roanoke county, 193 From citizens of Mathews county, 193 From citizens of Page county, 193 From the Junior American Mechani From citizens of Br ty, Prom citizens of county. From citizens of Ro From citizens of Gl< ty, From citizens of Wa From citizens of Dai From citizens of Re From the Junior American Mechani From the citizens county From citizens of Cai From citizens of Yor From citizens of Lan Prom the Portsmoutl elation From the Virginia elation. From citizens of No county, From citizens of county. From citizens of county. From citizens of Sm From citizens of Ma From citizens of Loi From citizens of county. From citizens of ] county, From citizens of Bue Prom citizens of Ricl From citizens of Be< From citizens of Cul From citizens of Roa From citizens of Nan ty. From citizens of Pag From citizens of Sui From citizens of Pow] From citizens of Ora From citizens of Isl county. From citizens of Gree ty. Digitized by CjOOQ IC INDEX 565 of Kkhmond 203 IB of Mecklenburg 203 ; of Northumberland 204 t of Richmond coun- 204 of Greensville coun- 204 of Wjrthe county, 204 us of Southampton 204 mlor Order United of Newport News 205 I of Patrick county 205 lechanlcs 204 I of Norfolk county 205 of Smyth county 207 i of Brunswick coun- 207 of Rockbridge coun- 208 I of Dinwiddle coun- 210 IB of Mecklenburg 210 IS of Spotsylvania 210 of Botetourt county, 210 IS of Buckingham 210 I of Augusta county, 210 I of Winchester, 210 used liquor dealers of 210 zens of Pulaski coun- 212 of Warren county 212 I of Page county 212 I of Stafford county 212 ( of Halifax county 213 s of Westmoreland 213 9ggbom 213 of Montgomery coun- 216 of Wise county 216 z lodge, 24, K. of P. 216 B Of Prince George 216 of Richmond 222 22Z 224 224 224 227 227 227 227 227 228 228 228 228 IFrom citizens of Waynesboro 222 From citizens of Claremont 222 Prom Bfarshall lodge. No. 12, K. of P., From citizens of Richmond From citizens of Alleghany county From citizens of King William county From citizens of Fairfax county From citizens of Buckingham coun- ty From citizens of Franklin county From citizens of Alleghany county From citizens of Richmond coun- ty From citizens of Nottoway coun ty. From citizens of Norfolk county From citizens of York county From citizens of Franklin county From citizens of Madison cqunty From citizens of Craig county From citizens of Albemarle county 228 From citizens of Bedford county, 228 From Richmond clerlcus 228 From citizens of Nansemond coun- ty 228 From citizens of Henrico county 228 From citizens of Dinwiddle county 228 From citizens of New Kent county. From citizens of Augusta county From citizens of Louisa county. From citizens of Wise county. From citizens of Northampton county. From citizens of Chesterfield county, From citizens of Albemarle county, 230 From citizens of Southampton county. From citizens of Madison county. From citizens of Mecklenburg county. From citizens of Augusta county From citizens of Glucester county From citizens of Alleghany coun- ty. From citizens of Accomac county. From citizens of Richmond From citizens of Roanoke From citizens of WHU^msburg 229 229 229 230 230 230 230 230 230 230 230 230 230 230 230 230 '; Digitized by Google 566 INDEX 230 231 231 233 233 From citizens of Manchester 230 From cfitizens of Staunton 230 From the Christian Women's Board of Missions 230 From students at Crozier Seminary 230 From the State Female Normal school From Holston Conference, From Junior Order United Ameri can Mechanics From citizens of Elizabeth City county From citizens of Greensville coun- ty From citizens of Norfolk county 233 F'rom citizens of Powhatan county 233 From citizens of Dinwiddle county 233 From citizens of Roanoke, 235 From the Junior Order United American Mechanics From citizens of Halifax county From citizens of Sussex county From citizens of Roanoke county From students of William and Mary college From students of Roanoke Female college From certain ladies of Winches- ter From citizens and teachers of Bris- tol From citizens of Frederick county 236 From citizens of Tazewell county 236 From the Junior Order United American Mechanics From citizens of Isle of Wight county From citizens of Giles county From citizens of Pulaski county From citizens of James City coun- ty. From citizens of Norfolk county From citizens of Richmond, From citizens of Westmoreland county. From citizens of Clarke county From the Suffolk Baptist church From the Virginia annual confer- ence From the Junior Order United American Mechanics 240 233 235 235 235 235 235 235 237 239 239 239 239 239 240 240 240 240 From citizens of Albema From citizens of Korfoll From citizens of Richmo From citizens of Pittsylv ty From citizens of Washin ty From citizens of Wise a From citizens of King county From citizens of Bedfor From clergymen of the church From the Suffolk Baptls From certain ministers < From citizens of Petersb From the Junior Ord< American Mechanics From citizens of Norfol From citizens of Richm From citizens of Frankll From citizens of King t county From citizens of Mathev FYom citizens of Glouce ty From citizens of August From citizens of Washin ty From citizens of Rockbr ty From citizens of Petersi From the Junior Ord< American Mechanics From citizens of Staunt From the Piedmont con From citizens of Eliza county From citizens of Sp county From citizens of New I ty From Norfolk convocati( From Teachers' asso Buckingham From the Junior Ord< American Mechanics From citizens of Norfol From citizens of Norfol From citizens of Frede ty Digitized by Google INDEX 567 as of Halifax county IS of Norfolk county ard of trade of Norfolk Junior Order United Mechanics QS of Roanoke county, Junior Order United Meclianics IS of Botetourt county ns of Henrico county ns of Prince William e district Baptist asso- jns of Elizabetla City 18 of Richmond ^sale tobacconists asso- isale tobacconists asso- e district Baptist asso- iastern Virginia Ohris- srence as of York county, as of Giles county, sns of Elizabeth City QS of Richmond, dethodist ministers of nd vicinity oo\ teachers of Patrick )mmon council of Win- jen business men of ity QS of Albemarle county ns of Richmond culty of Fishburne mll- >ol QS of Giles county ns of York county erk of Fauquier county ilerks of Scott county, clerks of Rockbridge lerks of Halifax coun- 255 255 255 255 257 25S 259 259 260 261 261 262 262 263 263 265 278 278 280 280 307 318 358 358 363 363 370 385 429 497 497 497 497 From the clerks of Wythe county 498 From the clerks of Scott county 500 From the clerks of Norfolk county 500 From the clerks of Mecklenburg 500 From the clerks of Bedford county 501 From the clerks of Amherst county 501 From the clerks of Accomac coun- ty 501 From the clerks of Norfolk county 501 From the clerks of Elizabeth City county 501 From the clerks of Southampton county 501 From the clerks of Washington county 501 From the clerks of Montgomery county 501 From the clerks of Frederick coun- ty 501 From the clerks of Shenandoah county 501 From the clerks of Rockingham county 501 From the clerks of Augusta county 501 From the clerks of Rockbridge county 501 REGISTRATION. Resolution to appoint a committee on, 511 Relating thereto, 514 An ordinance reported from the committee on final revision 540 Communication relating thereto 540 List of registrars taken up 543 Amendments thereto. 543 to 544 REPORTING AND PRINTING. Resolution by Mr. Flood relating to contract of committee on 77 Relating to committee on 82 To contract and print proceedings 532 RESOLUTIONS. By Mr. Harrison By Mr. Ayers By Mr. Waddill By Mr. Parks By Mr. O'Plaherty By Mr. Wise By Mr. Flood 24 24 24 25 33 86 Digitized by Googi 568 INDEX By Mr. Richmond, 43 By Mr. Mcllwalne 46 By Mr. Hatton, 46 By Mr. Campbell, of Amherst, 47 By Mr. Anderson, of Alleghany 47 By Mr. Harrison 47 By Mr. Thom 48 By Mr. Oreen. 51 By Mr. Flood 51 By Mr. Keezell 52 By Mr. Quarles 52 By Mr. Quarles 54 By Mr. Quarles 54 By Mr. Stebbins 54 By Mr. Stebbins 54 By Mr. Stebbins 65 By Mr. Lindsay 55 By Mr. Eggleston 55 By Mr. Eggleston 56 By Mr. Waddlll 56 By Mr. Brown 57 By Mr. Lincoln 57 By Mr. Keezell, No. 18 58 By Mr. Pollard, No. 19, 59 By Mr. Boaz, No. 20 60 By Mr. Boaz, No. 21 60 By Mr. Meredith, No. 22 60 By Mr. Meredith, No. 23 63 By Mr. Meredith, No. 24 69 By Mr. Quarles, No. 25 71 By Mr. Quarles, No. 26 72 By Mr. Quarles, No. 27 72 By Mr. Hatton, No. 28, 72 By Mr. Hatton, No. 29, 72 By Mr. Mcllwalne, No. 30 72 By Mr. Davis, No. 31 73 By Mr. Davis, No. 32 73 By Mr. Summers, No. 33 73 By Mr. Summers, No. 34 74 By Mr. Summers, No. 35 74 By Mr. Stebbins, No. 36 75 By Mr. Stebbins, No. 37 75 By Mr. Blair, No. 38. 75 By Mr. Wise, No. 39 75 By Mr. Waddill, No. 40 76 By Mr. Anderson, of Alleghany, No. 41 76 By Mr. Pollard, No. 42 77 By Mr. Turnbull, No. 42 1-2 79 By Mr. Smith, No. 43 79 By Mr. Braxton, No. 44, 79 By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Bir. By Mr. By Mr. By Mr. By Mr. 65 By Mr. By Mr. By Mr. By Mr. 69 By Mr. 70 By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. 75 By Mr. 76 By Mr. 77 By Mr. 78 By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. Braxton, No. i Braxton. No. Braxton. No. Hubard, No. Pettit, No. 49 Wysor, No. 5C Thom, No. 51 Barbour, No. 5: Walter, No. 5: Ingram, No. G Stebbins, No. Richmond, No, Richmond, N( Bolen, No. 58 Owyn, No. 69 Owyn, No. 60 Owyn, No. 61 Phillips, No. 6 Phillips, No. 6 Phillips, No. 6^ Barnes, of Nc Pollard, No. 6i Pollard, No. 61 Thornton, No. Anderson, of A Anderson, of A Walter, No. 7: Hubard, No. 7 Chapman, No. Glass Cameron Watson Dunaway, No. Gordon, of Rj Gordon, of Ri Gordon, of Rl Gordon, of Rl Dunaway, No. Lindsay, No. \ Lindsay, No. Barham, No. Mundy, No. S Mundy, No. 8^ Mundy, No. i Digitized by CjOOQ IC INDEX 669 iierty. No. 86 .herty. No. 87 herty. No. 88 es. No. 89 mond. No. 90 , No. 91 ►r. No. 92 Q, No. 93 Q, No. 94 ^o. 95 sTo. 96 r, No. 97 )n. of Nelson. No. 98 , No. 99 on. No. 100 erson, of Alleghany, mr. No. 102 )ur. No. 103 mr. No. 104 Qond, No. 105 I, No. 106 rd. No. 107 1, No. 108 e on taxation and fl- ;1 ill. No. 109 ►ur, No. 110 ►ck. No. Ill herty. No. 112 , No. 113, Qers, No. 114 lers, No. 115 tners, No. 116, aers. No. 117 ston. No. 118 No. 119 No. 119 No. 120 No. 121 No. 122 r. No. 124 ay. No. 125 in. No. 126 m, of Richmond, No. aine. No. 128 , No. 129 ion, of Nelson, No. 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 85 85 85 85 85 85 8b 85 86 86 86 87 87 87 87 87 87 87 87 87 87 87 87 87 90 90 90 90 90 90 90 By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. 152 ;By Mr. fey Mr. 154 By Mr. 155 By Mr. )By Mr. 156 By Mr. 157 By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. by Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. By Mr. 173 By Mr. Wysor, No. 131 Dunaway, No, 132 Pollard, No. 133 Waddill, No. 134 Mundy, No. 135 Pedlgo, No. 136 Hooker, No. 137 Vincent, No. 138 TurnbuU, No. 139 Braxton, No. 140 Portlock, No. 142 Phillips. No. 143 Phillips, No. 144 Quarles, No. 145 Brooke Wise, No. 146 Pettit, No. 147 Pettit, No. 148 Braxton, No. 149 Turnbull, No. 150 Goode, No. 151 Barnes, of Nansemond, Waddill, No. 153 Gordon, of Richmond, No. No. Anderson, of Alleghany, No. 90 92 9t 9t n n 9t n 93 93 96 96 96 96 96 96 96 96 96 96 96 97 97 97 9T Watson Moore, of Montgomery, No. Moore, of Montgomery, No, Lindsay, No. 158 Parks, No, i59 Parks, No. 160 Ayers, No. 161 BarbouT, No. 162 Gillespie, No. 163 Meredith, No. 164 Meredith, No. 165 Meredith, No. 166 Meredith, No. 167 Meredith, No. 168 Braxton, No. 169 O'Flaherty, No. 170 Barbour, No. 171 Barbour, No. 172 Gordon, of Richmond, No. Glass, No. 174 99 99 99 99 99 99 99 100 100 100 101 101 101 101 101 101 101 101 101 Digitized by ' 570 IKDB^ By Mr. Pedigo,No. 175 102 By Mr. Fairfax, No. 176 102 By Mr, Mundy, No. 177 102 By Mr. Parks, No. 178 102 By Mr. O'Flaherty, No. 179 104 By Mr. Pollard, No. 180 104 By Mr. Pedigo, No. 175, 102 By Mr. Willis, No. 182 106 By Mr. Chapman, No. 183 106 By Mr. Barbour, No. 184 106 By Mr. Barbour, No. 185 106 By Mr. Quarles, No. 186 106 By Mr. Quarles, No. 187 106 By Mr. Moore, of Montgomery, No. 188 108 By Mr. Moore, of Montgomery, No. 189 108 By Mr. Hamilton, No. 190 108 By Mr. Tarry, No. 191 109 Relating to resolution No. 163 109 By Mr. Wise, No. 192 110 By Mr. Mundy, No. 193 110 By Mr. Quarles, No. 194 110 By Mr. Braxton, No. 195 110 By Mr. Hatton, No. 196 110 By Mr. Gordon, of Richmond, No. 197 110 By Mr. Hamilton, No. 198 111 By Mr. Earman, No. 199 111 By Mr. Harrison, No, 200 111 By Mr. Wise, No. 201 111 By Mr. Mcllwaine, No. 202 112 By Mr, Bristow, No. 203 .112 By Mr. Earman, No. 204 112 By Mr. Quarles, No. 205 112 By Mr. Richmond, No. 206 113 By Mr. Bouldin, No. 207 113 By Mr. Anderson, of Alleghany, No. 208 113 By Mr. Brooke, No. 209 113 By Mr. Hubard, No. 210, 114 By Mr. Blair, No. 211 114 By Mr. Chapman, No. 212 114 By Mr. Braxton, No. 213 115 By Mr. Braxton, No. 214 115 By Mr. Braxton, No. 215 115 By Mr. Braxton, No. 216 115 By Mr. Hancock, No. 217, 116 By Mr. Hancock, No. 218, 116 By Mr. Hancock, No. 219, 116 By Mr. WaUon, No. 220, 116 By Mr. Cameron, No. By Mr. Hatton, No. By Mr. Hubard, No. Relating to No. 125, By Mr. Robertson, > By Mr. Earman, No. By Mr. Parks, No. 2 By Mr. Rives, No. 2S By Mr. Wysor, No. i By Mr. Boaz, No. 22! By Mr. Pedigo, No. 1 By Mr. Hancock, No By Mr. Hancock, No By Mr. Turnbull, No By Mr. Goode, No. 2 Relating to resoluti( By Mr. Summers, N< By Mr. Pedigo, No. By Mr. Ingram, No. By Mr. Hardy, No. S By Mr, Eggleston, N By Mr. O'Plaherty, ^ By Mr. Bristow, No. By Mr. Withers, No, By Mr, Anderson, c No. 243, By Mr. Bristow, No. Relating to resolute By Mr. Hatton, No. S By Mr. Bristow, No. By Mr. Portlock, No. By Mr. McHwaine, T By Mr. Thom, No. 24 By Mr. Barbour, N By Mr, Stebbins, Nc By Mr. Withei-s, No By Mr. Gordon. < No. 253, Relating to resolutio Relating to resoluti Relating to resolutic By Mr. O'Flaherty, I By Mr. O'Flaherty, I By Mr. O'FIaherty, By Mr. Wysor, No. 5 Relating to resolutic Relating to resoluti and 256, By Mr. Summers, I By Mr. Pedigo, No. Digitized by Google INDKX 57i sor. No. 260. 177 Amendment to. m His, No. 261, 179 Amendment to. IM rbour. No. 262, 183 Amendment to. m iss, No. 263, 185 Amendment to, les miel. No. 264, 187 Amendment to. 167 rhmond, No. 265, 201 Relating to amendment to. 175 laherty. No. 267, 205 To amend rule 20, 190 ixton. No. 268, 237 Amendment to rule 20 rejected, 202 :> resolutions Nos. 264 Amendment to, 203 237 Amendment to, 209 rrison. No. 269, 240 Relating to amendments to. 210 Lss, No, 270, 240 Amendment to, 211 ttit, No. 27, 241 Proposed amendment to, 222 } resolution No. 271, 247 Amendment proposed by Mr. Green •ks, No. 274, 256 adopted. 225 les, of Pittsylvania, No. Amendment proposed by Mr. 258 Quarles adopted. 226 Hard, 284 Proposed amendment by Mr. Gor- 30d, No. 276, 349 don, 228 >od, No. 277, 349 Proposed amendment by Mr. Dun- rdon, of Richmond, No. 349 away, Independent rule proposed by 264 trman. No. 279, 354 Mr. Anderson, of Rockbridge, 264 ithers. No. 280, 354 Relating to amendment proposed thers, No. 281. 354 by Mr. Dunaway, 266 ebbins, No. 282, 356 Relating to section proposed by iderson, of Rockbridge, Mr. Anderson, of Rockbridge, 267 356 Amendment proposed by Mr. Thom 267 lart, No. 284, 365 Amendment proposed by Mr. Thom 275 T, No. 285, 378 Amendment proposed by Mr. An- naway, No. 286, 381 derson, of Rockbridge, 276 •ooke. No. 287, 401 Amendment proposed by Mr, An- 3 No. 287, 401 derson, of Rockbridge, 279 iderson. of Rockbridge, Amendment proposed by Mr. Mar- 409 shall, 280 ptlock. No. 289, 415 Amendment proposed by Mr. Pol- nderson, ol Alleghany, lard, 285 429 Amendment proposed by Mr. Mar- "laherty. No. 291, 429 shall, 286 ixton, No. 293, 453 Amendment proposed by Mr. iderson, of Rockbridge, Flood, 286 454 Amendment proposed by Mr. 0 resolution No. 289, 490 O'Flaherty, 445 0 resolution No. 282, 490 Relating to. 464 0 resolutions Nos. 277, Relating to. , . 4T4 and 281, 492 Relating to, 486 0 No. 288, 489 SCHEDULE. RULES. it to, 135 As reported from the committee Lt to. 138 on final revision tftk^u up. 525 Digitized by Google 572 INDEX Amendments relating thereto, 526 to 528 Amendments relating thereto, 529 to 581 Amendments relating thereto, 586 to 588 Adopted, 588 Amendments thereto, 539 Amendments thereto, 548 SECRETARY OP THE COMMON- WEALTH. To be furnished with. 545 How expenses to be paid, 545 RESCIND. Resolution relating to proposition to. 465 SECRBTARY OF CONVENTION. Elected, 13 Who nominated, 18 Appointment of assistants, 24 Instructions to, 98 Requiring to obtain information, 107 Communication from, 115 Request to obtain information, 127 Request to obtain information, 253 Amount allowed for indexing, Ac, 551 TAXATION AND FINANCE. Report from the committee of the whole relating to, 404 Amendment to subsection 6, 428 Report taken up by Convention, 438 Amendments relating thereto, 438 to 445 Amendments relating thereto, 445 to 451 Report, as amended, adopted and referred to the committee on final revision, 452 To rescind section 23, 485 To rescind section 23 rejected, 490 PLACE OF MEETING. Resolution relating thereto, Resolution relating thereto. Resolution relating thereto, Resolution relating thereto, i^^plutlon relating thereto, 256 389 390 391 392 1 Resolution relating then Resolution relating then Resolution relating then POSTMASTER AND : CLERK. Resolution relating to, PREAiMBLE AND BILL Resolution relating to t of the committee on. Resolution relating to 1 of the committee on. Resolution relating to 1 of the committee on. Report from the commit whole relating to. Substitute for Article VI Substitute for the repc committee, The bill of rights take Amendments relating t Amendments relating t Amendments relating th Report, as amended, ad Resolution relating to. Report from the commit whole relating to. Report taken up by con\ Amendments relating tl Report, as amended, ad referred to the com final revision, &c., Preamble taken up. Amendments relating tt ^Preamble, as amended and referred to the coc final revision, &e., PRESIDENT Elected, Address of the, OF co: PROCLAMATION OR Resolution relating then Taken up. Amendment relating the Amendment relating the Resolution to proclaim a Digitized by Google INDSX 578 INSTITUTIONS AND PRISONS. ymmittee recommitted, 290 1 the committee of the iting to, 319 n up, 349 3 relating thereto, 349 to 350 i,mended, adopted and to the committee on ion, &€., 360 REPORTS je on rules, 26 ee on privileges and ;e on organization, je on rules amended, ie on printing, tee on organization, se on supplementary, ;e on reporting, . ie on reporting, le on reduction of ex- ee on preamble and hts. je on reduction of ex- ort of committee on re- ' expenses, 3 to report of corn- preamble and bill of 3 to report of com- preamble and bill of j€ on reduction of ex- to report of committee )le and bill of rights, to report of committee )le and bill of rights, om committee on re- *. expenses, jmmittee on reduction es, >mmittee on reduction 58, 34 37 41 41 44 46 57 88 105 112 117 119 120 122 122 123 123 123 128 134 From the committee on reduction of expenses. From the committee on the legis- lative department, Minority report from the com- mittee on the legislative depart- ment. From the committee on reduction of expenses. Minority report from the com- mittee on the legislative depart- ment. From the committee on the elect- ive franchise, Minority report from the com- mittee on the elective franchise, 187 From the committee on the organ- ization and government of coun- ties. Minority report from the com- mittee on the organization and government of counties, From the committee on the execu- tive department. From the special committee. An amendment from the committee on the organizaUon and govern ment of counties, From the committee on education and public instruction, From the committee on the elect- ive franchise, From the committee on the Judi clary, From the committee on public in stitutions and prisons. From the committee on education and public instruction. From the committee on the organi- zation and government of cities and towns, From the committee on public insti- tutions and prisons, a substitute. From the committee on corpora- tions, From the committee on agricul- ture, manufacturing and indus- trial interests, Minority report from the com mittee on corporations, 136 146 147 152 163 185 196 196 237 237 237 239 241 247 248 269 308 318 360 363 365 f.... Googl 674 INDEX From the committee on preamble and Mil of righte, 370 From the committee on taxation and flnance, 370 Supplemental report from the committee on the executive de- partment, 395 Supplemental report from the com- mittee on Judiciary. 482 From the executive From the committee Ion and adjustmei From the committee nal and enroll men Amendments thereto Adopted as amended 'i.i liiF" Digitized by DOCUMENT No. I. COMMUNICATION FROM THK tary of the Convention IN RELATION TO 5 OF CLERKS OF COUNTY COURTS AS TO THE ER OF FELONY AND MISDEMEANOR CASES ' iMMENCED, DECIDED, PENDING AND NOLLE PROSEQUIED, ETC. Richmond, Va., July 12th, 1901. ition: Under the resolution, adopted by the Convention on June 13th, t«d to communicate with the Clerks of the County Courts of the ueet them to furnish certain information for the uee of the Conven- he number of felony and misdemeanor cases commenced, decided, nolle prosequied, and the number of days of the session of the ; year ending August 31, 1900. ived refiponses from all of them, except the counties of Bath, Dick- lin, Norfolk, Scott and Westmoreland, 3 have been tabulated and are herewith transmitted. Very respectfully, JOS. BUTTON. ^ Secretary, I Digitized by Goog Document No. I. REPORT. COUNTIKS AND CITIES. Accomac . . . Albemarle . . . Alexandria . . . Alleghany . . . Amelia . . . . Amherst . . . Appomattox . . AuguBta Bat)i ...... Bedford Bland Botetourt . . . . Brunswick . . , Buchanan . . . . Buckingham . . Campbell . . . . Caroline . . . . Carroll . . . . . Charles City . . Charlotte . . . . Chesterfield . . Clarke Craig Culpeper . . . . Cumberland . . Dickenson . . . Dlnwiddie . . . Elizabeth City . Essex Fairfax Fauquier . . . . Floyd Fluvanna . . . . Franklin . . . . Frederick . . . . Giles Gloucester . . . Goochland . . . Grayson . . . Greene Greenesville . . Halifax . . . . Hanover . . . . Henrico Henry Highland . . . . Isle of Wight . . James City . . . King George . . King and Queen King William , Lancaster . . . , Lee Loudoun . . . . Louisa Lunenburg . . . Madison . . . . Mathews . . . . Mecklenburg . . Middlesex . . . Montgomery . . Nansemond . . . Nelson New Kent . . . . Norfolk >.- >» !S § i r J^-^ fc * >% s a o "I-n "Z be fe« bc •c ^-TS c o o c a; tt u-C 1- o. 1" 35 2: 2 Is oS . lu o a. Eli 2 ^g 3t c-c 2 Accomac . , . . Albemarle . . . . Alexandria . . . . Alleghany . . . . Amelia . . . . . Amherst ... Appomattox . . . Augusta Bath Bedford Bland Botetourt Brunswick . . . . Buchanan Buckingham . . . Campbell Caroline . . . . . Carroll Charles City . . . Charlotte Chesterfield . . . Clarke ...... Craig Culpeper Cumberland , . . Dickenson . . . . Dinwiddle . . . . KUzabeth City . . Essex ....... Fairfax Fauquier Floyd Fluvanna Franklin Frederick Giles Gloucester . . . . Goochland . . . . Grayson Greene ..... GreenesvUle . . . Halifax Hanover . . . . . Henrico Henry Highland Isle of Wight . . . James City . . . . King George . . , King and Queen . King William . . Lancaster Lee Loudoun Louisa Lunenburg; . . . . Hadison . . . . . Mathews Mecklenburg . . . Middlesex . . , . Montgomery . . . Kansemond . . . . Nelson New Kent Norfolk . . . . ^ 8 1 2 3 . . 2 4 44 8 1» 4 16 2 Q 2 47 1 4 5 21 2 1 .... b 2 2 13 ■ 27' 6 1 12 1 2 SO 6 . . 27 2 2U 1 ft B 1 2 S 86 .... 7 .... 1 • . . 8 . 2 ' 4 3 4 14 I Digitized by Google Document No. I. REPORT — Continued. is. ■5 = !l il ?^ t: = 8l 5lR II 11= c «) ;3 ^sJi |H-= SJ5 O red from docket. 7 one, but at July term, Iftoo. eight days Digitized by Google r* Digitized by CjOOQ IC DOCUMENT No. II. COMMUNICATION FROM THB irintendent of Penitentiary IN RELATION TO ]R OF COLORED CONVICTS NOW IN THE PEN- ^TIARY, AND THE NUMBER OF WHICH CAN READ AND WRITE, AND THE NUMBER THAT HAS ATTENDED PUBLIC FREE SCHOOLS. Richmond, Va., July 11, 1901. . EeeLESTON, A<^, Chairman, Committee on Public InaHtuHons and Prisons^ CUy. l: In compliance with the request of your Committee, I beg to submit dng figures, to-wlt : Read and Write. Illiterate. Att. Pub. Schl. id males in Pent'y, 971 679 392 495 females '' 62 29 83 29 1,0 08 425 524 Yours very truly, e. M. HELMS, Superintendent, Digit zed by Google .1 • Digitized by Google Digitized by Google n i Digitized by Google DOCUMENT No. III. 'ULATION OF VIRGINIA UNDER CENSUS OF 1900. Digitized by Google Document No. 3. POPULATION^. OOUNTIE3. Acconiac . . Albemarle . . . AlexaFidria . . Alleghany Amelia .... Amherst . . . Appomattox . . Aueusta ..... Bath Bedford Bland Botetourt . . . Brunswick . . . Buchanan .... Buckingham . . Campbell .... Caroline .... Carroll Charles City . . Charlotte .... Chesterfield . . Clarke Craig .... Culpeper .... Cumberland . . Dickenson . . . Dlnwlddie . . . Elizabeth City . Essex ...... Fairfax ..... Fauquier ... Floyd Fluvanna .... Franklin .... Frederick .... Giles . . Gloucester . . . Goochland . . . Grayson . . Greene Greenesvllle . . Halifax . . Hanover .... Henrico Henry Highland .... Isle of Wight . . .Tames City . . . King and Queen King Georj^e . . King William Lancaster .... Lee Loudoun . . . . Louisa . Lunenburg . . . Madison .... Mathews .... Mecklenburg . . Middlesex . . Montgomery . , Nansemond. . . Nelson New Kent .... Norfolk Digitized by Google Document No. 3. COUNTIBS. )ton . . >erland ila Iward . org€ . Inne . [IJiam . tDock . am ah »ton Dla on . land CITIES. ita . STllle , sbarg . g . . . er . . . S'ewg . >urg Population Total Popula- tioa. White. 13 770 9346 12,3«6 12,671 1S,7M 15,403 46.804 e.824 16,(M5 7,752 11,192 11.112 14,609 8,84y 7,088 15,837 21JW S8,527 18,0»1 22,6»4 3U,258 17,121 22,848 8,097 8«468 1S,082 2aS84 8,887 4,888 28,905 9,243 19.658 30.487 7.482 14S28 4,B7i* 2,888 6 44» 16 520 5.068 18.891 9,715 19,635 4e.6i4 21,810 17.427 8.844 86 05'! 21.495 7,289 6,161 2,044 6,141 6,680 4,066 7,060 12,864 18,779 25,606 2,843 6,276 2,886 5,505 8.240 11,872 6,121 4,160 11.990 17,715 8(1,893 17,267 22,l>67 19 60* 15.050 0,165 6,858 6,489 8,286 4,121 10309 7,872 1,160 26,483 4,881 17,688 17,653 3.401 0,086 8,551 1,978 3,834 10.002 8.446 10,687 6,876 12.788 26,817 11,057 11.782 2.887 52,8(H 15,654 5,456 4,056 1,866 1,192,858 Oolored. 7.620 4.166 7,400 5.621 1,440 1,624 21,2«9 4.481 9,769 4,866 6,687 2.872 3,287 2,722 2,929 '»,847 4.084 2,684 764 627 649 1,171 is.tias 3,686 1,608 5.188 7,961 8.582 1465 8,729 2,561 4.862 1.965 2,784 4,081 4,542 l,t>28 410 2,615 6.518 1,622 8.254 8 330 6,847 20.807 10,758 •.646 457 82.246 5,841 1.883 1.105 678 661,826 Digitized by Google '' ' w' I Digitized by VjjOOQIC DOCUMENT No. IV. STATEMENT cost to the State ofthcpresaU Judiciurrj System, prqmred by the Auditor of [ccounU, in obedience to a resolution of (he Judiciary CommiUee of the ianal Convention^ adopted June ^Sth, 190 L COST OF SUPRKMK COURT OF APPEALS. ident of Court I 3 200 OO •ciaie Judge residing in Richmond * * 4'ooo m ree Associate Judges® $3,000.00 9,000 00 trPICEM OF THE COURT AS FIXED BY STATUTE: le Court at Riclimond 500 00 le Court at Staunton . * 39n Ort le Court at WytheviUe * ' " " g^ ^ ^«^ 1/200 00 1,800 00 chman at Richmond 480 00 penges '* Iges .'.'.*.*.*,'.'.'.* supreme Court of Appeals COST OF CIRCUIT COURTS. e of let Circuit 1,«00 00 2n« '* I,fi00 00 8rd 1,V^ 00 ™ 2,300 00 JiJ „ 2,200 00 JJJ ., 2,800 00 8*5 . I'^OO 00 ?iJl. * ^^^ 00 J?J5 * 1,600 00 11th ;; , . i,(joo 00 12th '• , 1,800 00 13th l^POo 00 i|>5 " i.«oo 00 1SJ5 i'*<^ ^ J^tJ 1/JOO 00 18th ^ i^eoo 00 ; of Richmond Circuit Res penses , Circuit Courts ..!!..'.'.'.'** COSTS OF OTHER COURTS. NCERY COUBT OP NORFOLK: udge expenses JRT op RlCHMOKI> : iidge , • • expenses TT Court of Richmond : }^^ lerk expenses IT OP Richmond: erk expenses be Judiciary System 116,200 OO 4,030 00 7,8«3 «S rtOO 00 128,183 96 30,000 00 400 00 3,000 00 12,026 70 a.ooo 00 200 00 3,aoo 00 1.084 00 2,800 00 400 00 1,611 43 1,000 00 092 00 45,425 70 3,200 00 3,384 00 4,311 43 1,992 00 ^,447 08 Digitized by ^ Googl Document No. 4. STATEMENT Showing the cost to the Stale in the fiscal year eroding September SO, Xi AppeaUf each Circuit Court and each oth^r Court where expenm are paid liy the State. Prepared by the Auditor of Public Acem a resohuion of ffte Committee on Judiciary of the Con^Uulional ( June ^5, 1901, CIRCUIT COURTS OF COUNTIES, Clerks. Sheriff and Sergeants. Janilon. Accomac 84 00 7»00 40 00 44 00 86 00 44 00 24 00 196 00 30 00 124 00 54 00 iiaoo 48 00 34 00 76 00 84 00 18 00 156 00 600 24 00 04 00 108 00 83 00 160 00 28 00 4 50 44 00 20 00 Albemarle Alexandria 30 00 90 00 Alleghany Amelia 55 00 16 50 15 00 Amherst Appomattox Auirusta aooo 80 00 15 00 30 00 80 00 30 00 BaiV ::;;;::::::..: Bedford 54 00 Bland . Botetoart Brunswick 16 80 300 80 00 26 00 Buchanan . . . . 17 60 'so 00 4 00 80 00 45 00 40 00 Backlnffham ^ . . . . . OaBipbell Caroline Carroll Charles City 'I'OM 60 00 33 00 27 00 Charlotte Chesterfield . Clarke Craig Oulpeper . Cumberland , 80 00 80 00 80 00 42 00 30 00 Dickenson Dinwiddle Kllzabeth Citv "aboo 15 00 15 00 45 00 20 00 42 00 40 00 74 00 42 00 54 00 78 00 216 00 60 00 44 00 6 (X) 40 00 40 00 32 00 56 «0 26 00 m 00 00 00 20 00 4 Ot) 74 00 J6 00 10 00 82 00 76 00 80 00 76 m 74 00 26 00 16 00 76 00 72 00 20 00 06 00 100 00 600 18 80 20 00 ■42W '1000* Bssez •••••.. Fairfax Fanauler ... Floyd Fluvanna 15 00 1ft 00 30 00 60 00 30 Ot) 30 00 Franklin Frederick 85 00 Giles Gloucester ., ...,, 24 00 2 00 20 00 18 00 12 00 a-Joo Goochland Grayson .... Greene , . Greenesvllle 80 00 SO 00 Halifax Hanover 30 00 Henrico 30 00 10 00 Henry 30 00 80 00 Highland Isle of Wight ' ' 9 00 800 10 00 16 00 34 00 James City . Kine George 80 00 80 00 an 00 HO 00 80 00 45 00 King and Queen King William Lancaster ,,-.. I^e LfOudoun 14 00 2000 20 00 16 00 31 00 27 00 10 00 Louisa Lunenburg Madison 30 00 80 00 46 00 Mathews Mecklenburg Middlesex Montgomery 15 00 80 00 Nansemond 25 00 5 00 10 60 38 00 Nelson New Kent 45 00 16 00 10 00 66 00 NorfolU Digitized by ' Document No. 4. STATEMENT— Continued. UlT COUKTS OF COUNTIBS. Clerks. Sheriff and Sergeants. Janitors. Bxam- Ing Clerks Office. ToUl. n 80 00 SOW 18 00 88 00 82 00 80 00 20 00 82 00 42 00 SflOO 82 00 8 00 400 40 00 58 00 82 00 'asoo* 104 00 144 00 108 00 72 00 108 00 186 00 18 00 « 00 10 00 81 00 20 00 174 00 16 00 . . . 64 00 land 68 00 12 00 6 00 500 30 00 "eoo" 80 00 4 00 4 00 800 20 00 20 00 14 00 ' 'lb bo" 44 00 15 00 10 00 30 00 51 00 35 00 83 00 k 52 00 80 00 73 00 »rd 62 00 ge 80 00 15 00 80 00 45 00 80 00 80 00 80 OO 80 00 80 00 30 00 80 00 78 00 80 00 43 00 ne . . . . am 23 00 78 00 128 00 82 00 44 00 ' * 118 00 37 00 4 00 30 00 15 00 27 00 171 00 1 178 00 168 00 117 00 210 00 236 00 n 18 00 \ . , . 400 800 6 00 750 10 00 80 00 45 00 80 00 48 00 82 00 57 60 174 00 80 00 46 00 80 00 80 00 80 00 15 00 10 00 116 00 24 00 54 00 200 00 600 36 00 U 00 7 50 47 50 161 00 ad 800 28 00 60 00 3 00 18 00 'l6 00' 62 00 112 00 295 00 24 00 CITIES. 54 00 11 00 , iHe 45 00 30 00 80 00 20 00 46 00 68 00 06 00 ufR 46 00 10 00 132 00 88 00 wa 80 00 45 00 80 00 80 00 15 00 64 00 96 00 42 00 18 00 16 00 69» 99 304 00 39 00 50 00 7 50 30 00 688 91 163 00 191 m 79 60 78 00 81 00 1,288 90 80 00 384 00 St Circuit Coarts . . . ancery Court, Norfolk . >urt, Richmond .... uity Court, Hlchmond . urt, Richmond 2,425 50 30 bo" 7,216 00 200 00 600 00 1,208 00 682 00 2,269 21 116 00 12,025 70 200 00 5^1 00 403 43 860 00 1.034 00 1,611 00 092 00 2,495 50 9,756 90 3,586 04 116 00 16,868 13 Digitized by Google Document No. 4. STATEMENT— Continued. SUPREME COUKT OF APPEALS. Books, Stationery and Postage. Librar- ians. Crier. TlpsUffti, and Janitors. At Richmond «>5 44 4M 00 510 93 2,273 7B 800 00 800 00 1.3] 2 00 125 00 582 73 At Staunton At Wythevllle Total 1,072 97 2,878 75 2,019 73 ill Digitized by Google DOCUMENT No. V. AMOUNT OF OUNTY AND CITY LEVIES FOR JBLIC SCHOOL PURPOSES. Digitized by GoogI Document No. 5. REPORT. COUNTIES. Amount of County Levy for Pub- lic School Purposes. Pi Amount of „T' District r" Levy for Pub- ^ lie School ^Sf Purposes. ^^ C( Accomac . 6,614 12 6,993 78 2,447 12 8,826 00 935 76 1,300 00 :,842 12 18,178 63 8,928 00 4,946 47 842 36 4,386 .32 404 04 328 42 1.851 72 4.478 58 2.000 00 1,072 53 669 50 1,151 12 4.938 83 2,578 00 913 22 8,665 44 633 78 2,412 17 780 47 585 27 4.262 34 6.320 43 1.189 76 1.167 46 2,801 04 8,832 22 1,906 88 1.479 88 1,058 89 759 90 358 06 184 27 4,596 46 8.008 56 12,193 70 2,132 81 1.489 53 25158 796 88 712 01 1,264 07 660 75 1 046 89 1.9(H 61 10,941 47 1,846 60 6,514 12 3.627 70 8.748 48 8,826 00 W35 76 1.200 00 671 06 11,509 58 1.961 60 3.989 91 1,014 26 4,386 32 2.809 16 991 86 *4,'478 58 Albemarle Alexandria Alleghany . . Amelia Amherst . . . Appomattox Augusta Batii .;'.;." . Bedford Bland Botetourt ......••• Brunswick Buchanan Buckingham Campbell Caroline Carroll Charles Citv 1.072 53 6 9 50 2303 SK 2,474 92 2,!J60 00 1,162 IS 8,845 45 1,D61 16 "2,'412 17 8.197 71 1,549 26 5,ai4 72 7.214 86 :i 560 58 1,167 46 2,301 04 4.^196 98 2.675 29 1,479 88 703 26 (V59 32 1,(^74 26 865 08 4/^96 46 1.501 77 11.606 38 2,182 81 1.489 68 251 68 796 83 712 01 * ' ' 627 '«f 1,W6 89 1.904 61 10.941 47 1,346 60 Charlotte Chesterfield . . ....... Clarke Cratg Culpeper Cumberland Dickenson Dinwiddle BUzabeth Cilv . . . B.ssex Fairfax .... Fauquier Floyd .... Fluvanna . . Franklin .... Frederick Uiles . . .... Gloucester Goochland Grayson . . ... .... Greene GreenesvUle Halifax Hanover Henrico Henry . Highland Isle of Wight James City KlngGeoTRft King and Queen ... .... King William Lancaster Lee Loudoun Louisa , . Lunenburg Madison Mathews Mecklenburg Middlesex . . Montgomery . 752 70 2,495 02 307 68 2,523 95 l.&'iS 47 1,899 67 1.068 00 37.280 18 752 70 2 495 02 1,228 .W 2,528 95 1.833 47 1,466 14 Viab'gfl* Nansemond Nelson New Kent . . . •. Norfolk , Digitized by Google Document No. 5. COUNTIES. Amount of County Levy for Pub- lic School Purposes. Amount of District Levy for Pub- lic School Purposes. Paid by Towns, which are Independ- ent School Districts In County, Total. ton srland 1,409 47 2,032 02 2.987 50 2.860 85 571 77 5,139 42 1.409 47 ■ 2,032 02 2.937 50 3.155 08 907 04 5.189 42 * "iJmsW 2,818 94 4.064 04 5.875 00 6,879 17 1.478 81 10.278 84 ia vard . , . . . rge 1,474 82 1.808 48 834 66 1,808 43 2.808 88 nne .... Ham 8,616 86 9,147 20 8,217 19 lock ....**'!.. 8,906 57 4,810 62 874 48 8,246 69 874 48 9,028 04 ' 12,581 66 2,916 '08 1,748 96 &...!..'!.'[!!!! 12,274 73 9.888 98 m 9,522 22 24,969 96 1,640 84 4,924 82 1,876 98 1,986 98 6,r)80 82 1.035 16 1.480 25 1.520 00 4.166 07 2,244 60 8T2 40 6,628 75 1,649 34 4 924 82 1 .876 98 8,873 96 2,820 18 979 28 1,430 25 1,620 00 2,498 57 2.244 60 872 40 *828'20' 1,265 04 's.'ooo'oo 464 00 1,235 84 8,298 68 h 10.668 84 5.018 90 .on ia 5.810 94 9,400 45 2,014 44 2,860 50 8,040 00 9,058 64 4.953 20 n 2,970 14 6 628 75 and 3.899 72 2.601 96 769 51 3.017 86 2.601 96 833 68 *2,"22i5'56* 6.917 58 7.429 47 1,603 19 unt of county levy for School purposes 248,695 03 unt of district levy for School purposes .... 247,717 43 1 levies, Independent of and District levies . . 16.507 55 al 512 920 01 CITIES. b 18,500 00 13,600 00 a 1.600 00 5.500 00 16.697 87 8 000 00 16.280 60 7,142 48 88.425 00 11.678 40 13.774 84 8,179 26 182,600 00 29.632 63 8,000 00 1,140 00 2.406 88 17.586 91 1,500 00 6,600 00 16,597 87 3.000 00 18.900 00 5.592 72 84,600 OO 11,678 40 10 192 27 3.179 26 132,600 00 26.646 21 8.000 00 1,140 00 2 406 88 17,586 91 vllle burg r .... • 1.075 00 h . . ..... . arg r ews .... . . f city levy for Public purposes 821,018 77 fc07.520 02 unt of revenue thus de- ted from poll-tax for school purposes. Digitized by Google Digitized by CjOOQ IC DOCUMENT No. VI. REPORT SHOWING THE AMOUNT OF ilEAL AND PERSONAL PROPERTY EXEMPTED FROM TAXATION, APPROXIMATED. Digitized by Google Document No. 6. REPORT. COUNTIES. Religious. Kduea- tlonal. Charitable Accomac + 18.300 00 15,250 00 46,000 00 Albemarle Alexandria . . Alleghany ..... 10,000 00 2,600 00 Amelia Amherst .... 4,844 60 . . . 600 00 a Appomattox .... Augusta 7.800 00 800 00 800 00 Batli ...:... Bedford Bland 110,445 00 1 20,1)00 00 8,000 00 * 88.885 bo' *108,000 00 ■ "eioooo b Botetourt ..... Brunswick .... Buchanan Buckingham . , . 75."o6o 00* 6,000 00 7,000 00 . . . Campbell Caroline 1 4.600 00 Carroll 2,600 00 Charles City ... Charlotte I 88.110 00 24,000 00 90,400 00 * 12>5(t 00 l'2rt.:U)0 00 5 304 45 75. 745 00 240,000 00 60,(HW 00 12,500 00 8,000 00 1,000 00 11,000 00 9.000 00 d EIl?:abeth City . . Kssex Fairfax ...... 58,800 00 206 00 IS Fauquier . . Floyd Fluvanna .... 6,000 00 46.000 00 250 00 Franklin Frederick Giles .... 2.000 00 ' 2.1 000 00 2 760 00 8,000 00 BOO 00 Gloucester .... Goochland .... Grayson . . 20,000 00 &70 00 10.000 00 149,000 00 Greene Greenesville . . . Halifax 4.000 00 1,216 85 U 000 00 700 00 Hanover Henrico Henry Highland 552.000 00 8,125 00 120.000 00 7.000 00 600 00 1,000 00 Isle of Wight . . . JameR City .... King George . , . 8.000 00 King and Queen . King William . . .... Lancaster Lee Loudoun 56.550 00 10.000 00 2,500 *00 '7.200 00 4,000 00 S.060 00 6,600 00 Louisa . . Lunenburg .... 'x Madison .... Mathews 35.000 OO" 247.500 'oO 27 Ot¥l on lo.f'Oo tio M**ckl*»nburg . . . Middlesex Montgomery , , . Nansemond .... Kolson New Kent ..... 50,000 00 f 81.500 00 03.*>00 00 1S.500 00 Digitized by Googl Document No. 6. ES. Religious. Kduca- tional. Cliarital&le Beiieflcl- ary or Other Societies. Miscel- laneous. Total. t t 1 . . . and . 80,000 00 73,000 00 1,000 00 8,550 00 112,650 00 . . . . 25,000 00 12,000 00 1,000 00 S8,000 00 t '+ 87,000 00 rd '. . 6.800 00 6,800 00 'e , . le . . 1,000 00 500 00 89,100 00 ck . . l,0ci) 00 85.250 00 ig.ooooo W440 00 5.200 00 140,150 00 800 00 61,733 00 26,000 00 a»l,278 00 i 46,000 00 t 15,000 00 10 500 00 52,000 00 106,500 00 1 . . . *2 ,500 00 17,600 00 • 80.000 00 99,500 00 '4,000 00 1200 00 124.700 00 d' * 100,000 00 SOO.OOOOO 5.000 00 10,000 00 815,000 00 6,000 00 «3,40OOO 20,000 00 43,400 00 25 000 00 28 000 00 2,000 00 140,800 00 24.600 00 >antles 1^593,426 29 198 500 00 8,187,213 86 81,000 00 449.048 00 15,200 00 894,505 00 80,000 00 168,000 00 5,787,188 14 274,700 00 lie ". '. irg . . 8000 00 185,000 00 804 650 00 97.«X> 00 t 98,520 00 tl 844 095 00 t 83 000 00 t '214.70000 2't,0f>0 CO rw,4rm 00 SOOJXIOOO l.ffOO 00 20.000 00 58 050 00 7,760 00 *620 00 " le.'oob *oo' 21.650 00 12,800 00 600 00 ' 98 176 '00 12,750 00 h^m 00 169,585 00 / m,m "00 fj 854,600 00 i 85.000 00" 9.00000 170,000 00 481.025 00 274,0^0 00 ' 122.424 00 ' e 61,880 00 . 12,000 00 8.000 00 196" .000 00 g '. : ! 808 200 00 no.rtoo 00 12,20(i 00 15n.00(» 00 506.000 00 250 .oon on 18 450 00 64 200 00 5,000 00 1.442.700 00 h 886,000 00 122,060 00 450.000 00 ntlea. . 1.810,365 00 706.420 00 979,000 00 340,844 00 600,980 00 4,800,299 00 1 . . . 10,087,447 14 1 ■ • • for information. ms of ascertaining. ;ed. en. 358^^ acre.<» belonging to churches, wihoMs, and charitable institutions. fquested Commissioner of Revenue to furnish list. louse. Jail, and Poor-house. >urg Pulp & Paper Company, exempt from all county levies for term of fifteen anuary 1, 1899. Digitized by Google 4 Document No. 6. c Land owned by city of Manchester, in Chesterfield county, pari cemetery. d Court-house and Jail. c Colored cemeteries, $1,880.00; United States Custom-House, $60,C for 1900, $6, 608 ,W 1.00. / Manufacturing plants, pipe works, furnace, and woolen mill. ff Miflcellaneous. A This includes W. & M. College. i City and county buildings, aud grounds In city. i Digitized by VjOOQIC DOCUMENT No. VII. )PULATION OF VIRGINIA, CLA88IFIBD BY LOR, SEX, AND AGES BY COUNTIES. 1900. Digitizel by /Google Document No. 7. TABLE I. COUNTIES. Total Popula- tion. White Males. 20. Black Males. VirginJa 1.864. 1»4 Accomac . ... 8i..')70 Albemarle ii8,47» Alexandria . . 8,4m) Alleghany . . 16,8JJ0 Amelia 9,U87 Amherst , . 17.864 Appomattox ... ».»«2 Augusta Bath a2.a7(i h,bU,'> Bedford 3u,a^4 Bland 5.4H7 Botetourt 17.1«i Brunswick .... in.'iii Buchanan v,m-i Buckingham . . . 15.266 Campbell Caroline 24,m ifl urn Carroll iw.aoij Charles City . , . fi.tMO Charlotte 1.5 .8^ H Chegterfleld . . . 18K04 Clarke 7ft27 Craig .... 4,2fl.S Oulpeper 14.123 Cumberland . , . 8,mHi Dickenson . . . 7 747 Dtnwlddie .... 15,874 Elizabeth City . . l»4fi0 Kssex 9,701 Fairfax 1».£>80 Fauquier 23,874 Floyd lft,888 Fluvanna ..... 9.1(50 Franklin 2fi,058 Frederick l.«J,23» Giles. ... 10 793 Gloucester .... 12,8!V2 Goochland .... 9.5] » Grayson . . 16,853 Greene 6,214 Greeneaville . . 9,7.'>8 Halifax 37,197 Hanover 17,rtl8 Henrico S'l.oai Henry Highland 19.265 5.517 Isle of Wight . . . 18.102 James City .... 8,««8 King and Queen 9.265 King George . . . 6,918 King William . . 8.38(' Lancaster 8,fr»9 Lee 19.8^.6 Loudoun 21 .948 Louisa . . 16 517 Lunenburg .... 11,705 Madison .... 10.216 Mathews 8.239 Mecklenburg . , . 26 ..^'il Middlesex ... 8 220 Montgomery . . . 15.852 Nanaemond .... 28,078 Nelson ...... 16,075 NewK«nt 4,865 30M7d 8D0 617 146,122 6.478 5.144 4.445 4.788 1.407 BTjS 8,579 3.124 790 746 2.rtt9 2&46 1.318 1,572 6,638 6.486 I Am 1.1^ 4.89H 5,401 1.186 1.466 3,119 8.4SM 1 .874 1,837 1.957 8.1U0 1.781 1.920 3.148 8.678 1 856 1,9&8 3.908 5,68!J 4U 80.1 l,6r.7 1,841 2,860 2.741 1,487 1,899 924 1.061 2,ti80 1,870 718 628 1,521 2.4.»10 1.582 1..'80 5+47 1,644 877 900 8,757 8206 8.721 8.697 2,916 4.178 1.281 1,211 4,118 6.760 3.211 8,r*82 2,828 2861 1624 1.685 1.059 975 8.368 4,464 1 058 1.294 R75 884 4,297 4.810 2.472 2,651 4 548 4.3.^7 2,481 8,059 1.268 1.414 1,767 1,679 868 361 980 961 a59 980 845 827 1,081 1,018 4.008 5.596 4.2^ 8J>20 2,014 1,9 1,845 1,618 63 777 1,597 1,758 466 67 1,138 1,202 2,842 2,884 1,287 1.108 1.648 198 792 979 182 168 1,480 1.1' 18 179 250 1.218 8.651 1.552 8.022 1.688 67 1,433 630 9i4 682 948 1.111 160 1,247 1.6(i5 1,187 669 566 8.056 1.012 612 8.056 1,062 663 8.661 2.914 565 970 1.776 2.072 1.162 1,519 264 2 865 68 1,118 3,171 1 2.2: 2,721 2,865 101 1,113 2.5:^9 2, Hi 618 1,845 1.912 2,593 1.852 1,8 '5 1.U86 2.476 316 l.II 1,762 219 239 1,872 1.648 263 432 1.866 6,626 2.889 3,289 2,463 126 1.771 682 1,6.57 I.U42 1,581 1,899 827 1.690 2,442 2,t>84 1,015 691 4,728 1.859 791 8,4.S6 1.661 968 Digitized by Google Document No. 7. White Black White Black Total Males. Males. Females. Fem ALKS. 'IKS. Popula- tion. 21. 2a 21. 80. 21. 20. 21. 20. 50.780 5.492 4,419 8.482 7,607 4.788 4,414 7,766 7.795 on ! ! , ]3,7TO 1.698 1493 1.669 2,195 1,521 1,420 1.570 2 198 rland . 9Mfi 1,6<)X 1,393 885 1.2;i5 1.840 1.846 804 1,242 13,S66 1,243 1.273 1.425 2.164 1.195 1.256 1,651 2,160 12,571 1.7o6 1.7<»2 1.049 i,m\ 1.1*24 1,688 1,287 1,697 I a. 794 2.918 3.216 299 896 2.980 8.2(0 818 427 15.41)3 2,923 4,(X)0 296 5tj9 3.005 3.851 386 484 A ... 4rtt^ 5,859 7.017 4.03« 6.142 6,989 6.740 4.669 6.555 6,824 659 588 886 1.361 605 491 908 1..326 ard I '. '^'2iS 1.280 1,69 1,876 2.931 1.374 1.853 2 m 2,855 rge . . 7,752 781 702 1 0.58 1.404 714 689 1,066 1.340 ine . . 11. m 1,621 1 323 1.466 1,587 1,818 1,248 1.163 1,521 lam . . 11.112 2.182 2.007 614 828 2,196 1,855 bm 843 14,609 2,591 3 188 778 908 2 513 3,Cj80 708 868 ock *. '. 8 MS 1,.505 1,507 498 846 1609 1.500 007 771 .... 7068 999 1,081 686 913 l.f»74 1,(J05 688 842 15.8J7 2,818 3.098 889 1.0O4 2,955 3,120 926 1,046 21.7WI 4.2:ii 4.761 904 l,rt24 4,411 4.312 983 1,178 n , . . 33,527 7.473 7.617 570 655 8,806 7.497 701 706 is.oai 8,817 6.042 195 206 8.558 4,a50 140 223 22, 2.742 1.180 2.941 2.357 1^628 J, 248 46,624 8,022 6.113 5372 3,620 7,776 5,406 6,529 4,209 21,810 2,997 2,206 2,426 2.278 8,457 2.397 8.408 2.639 17,41'7 8.770 2.412 1,571 1.108 8.286 2.314 1,718 1.2:}a . . ■ 3844 781 724 110 109 704 728 119 118 .... 85.050 14,945 10.617 8.472 5.882 16.280 10,956 10.t32 7,144 21.495 4,408" 8.510 1,876 1218 4,124 3,612 1.785 1,M0 .... 7,289 1,734 888 892 385 1,987 902 626 4-6 . . > • 6.161 1.078 74.'5 248 224 1,882 851 861 272 rg . . . 2.044 475 225 149 161 503 168 208 170 Digitized by Google :^' Digitized by CjOOQ IC DOCUMENT No. VII. tal Population of Virginia, CLA88IFUD BT COLOR AND LITERACY BY COUNTIES. 1900. CfcitizedbyCjOOQl ^ 6 Document No, 7. TABLE II. COUNTIES. White. 5 3 Virginia . . Accoraac . Albemarle . Alexandria AileKhany . Amelia . , . Amherst . . Appomattox Augusta Batn .... Bedford . . Bland . . . Botetourt . Brunswick Buchanan . Buckingham Campbell . Caroline Carroll . . . Charles City Charlotte . Chesterfield Clarke . . . Craig . . . Culpeper . Cumberland Dickenson Dlnwlddje . KlizabethCity Bssex . . . Fairfax . , Fauquier . Floyd . . . Fluvanna Franklin . Frederick . Giles. . . . Gloucester . Goochland Grayson . . Greene . . , (ireenesvllle Halifax . . Hanover Henrico . . Henry . . . Highland . Isle of Wight James City . . King and Queen KingGeorge . King William Lancaster Lee Loudoun . , Louisa . . . Lunenburg Madison . . Mathews . Mecklenhurg Middlesex . , Montgomery 1,854,184 1.192,855 1,094,696 98.160 8,%570 20,748 18,466 $.288 28,47» 18.136 17,072 1068 «,4W) 8,963 8«860 103 1(1.330 12,318 11.406 910 ».(Vi7 8,052 2,994 68 17.8W 10 807 10.260 647 9M2 5.781 5,843 889 82,870 26 670 25,810 1,360 5,&»5 4.689 4,299 290 80,85rt 20.617 19,864 1,253 hjyi 5,286 4,889 44H 17,1H1 13.284 12,402 882 18.217 7.375 6,627 748 »,oe2 9,687 6.845 2,842 15,256 • 7.415 6,646 869 23.256 13.641 12.687 954 16.709 7.667 6.8^ 772 1».3()8 18.964 15,968 2,996 ft,040 1,844 1,248 96 l.-i.SAS 6.798 6.4SH 865 18 8iM 11. la^ 10,218 887 7,927 5,695 5.424 271 4,293 4.032 8,798 239 14.123 8.069 7,688 881 8,996 2,791 2,701 90 7.747 7i747 6.189 1,558 15,374 6.874 5,548 326 19.460 10/757 10.248 514 9.701 8,576 3,256 82(» 18,580 lSX)7fl I3.i137 589 23,874 15,074 14,294 780 I.'V,8S8 11.813 12,625 1.688 9.050 5.039 4,806 233 25,963 20.005 17.242 2.763 18,289 12,486 11.955 581 10 793 9,994 9.066 928 12.832 6.224 6.466 7(58 9.519 8.961 8,789 222 16.853 15 8tl4 14.097 1,797 6.214 4 788 3,797 986 9.758 3.402 S,10I 801 87.197 17.922 16,136 1,786 17,618 9.696 9,118 578 80,062 17.246 16,748 498 19.265 10.881 9 814 1,067 5 647 5.369 4,933 336 13,102 6.883 6,199 634 3.688 1.846 1.291 65 9.265 4,0«i6 8.668 840 6.918 8.596 3,812 284 8,S80 8,266 8.101 166 8,949 4.058 8.810 218 19.856 19.116 16.018 3,098 21.948 16.079 15.441 638 16iil7 7896 7,478 418 11,705 5.138 4.889 244 10.'J16 6.695 6,a52 643 8,239 5,844 5.566 278 26.551 10.353 9.433 920 8.220 8.684 8.4fiw5 189 15,853 12,927 11,683 1,295 Digitized by Google Document No. 7. Other i Whitb. Negro (a ). Colored ^ (b). lES. 1 « « & s i B 4 3 5 1 5 i OS B & g 3 n ^ s 5 & 3 M 1 . . . 23.078 10 115 0,880 786 12.692 8.536 4.426 1 1 . . . 16,075 10,408 9.264 1,139 5,672 8.660 2.012 . . . . 4865 l,6ti0 1,691 69 8,'i04 2,866 888 1 50 780 19,US 18.245, 868 8i,61 2,192 2,682 1,840 792 "2 IS.nsi 17.267 14.037 8.280 764 428 841 •i2,6W 2-i.()67 18.289 8,.S28 627 408 224 h* ", 20,25» 19,fKM 18.469 1,18.^ 049 485 214 . . . . 17,121 15.950 18,781 2,169 1,170 811 359 1 on . . 22,848 9.165 8,186 1.029 13 688 8.8«>8 4.875 . 1ft . . 0,2S9 5,353 4.987 866 8,886 2,027 1,259 8.ft97 6 489 6 627 862 1.608 1.011 £97 8 4«ft 8,286 8.110 176 5,18:1 3.345 i.8;i8 , . 12,082 4,121 8.968 IM 7,961 4,81*5 8,066 28 384 19.tHi2 17,085 2 717 3,852 2,670 912 8837 7,372 6,7H9 588 1,468 992 471 2 4.888 1.159 l.irtHt 60 8,729 2,658 1,071 Q . . 28.WJ5 26,488 22,602 S,83J 2,5.55 1.744 811 '7 »nd ft,243 4,881 4 ()24 857 4,861 2.962 1 899 1 . . . . 10.653 17,fi>*8 15,220 2,468 ,1.965 1,340 625 20,437 17,6.53 15.268 2,890 2,788 1,966 817 1 ES. 7,482 3,401 8.175 2i6 4,081 2,aS5 1,246 14 528 9.986 9.812 174 . 4.583 8,683 900 9 1 8 . . . . 4 579 8.551 8.164 887 1,027 757 270 1 a . . . 2.888 1.978 1.8*V9 lUfl 410 261 149 , . rllle . 6.449 8.8;m 3,784 60 2.618 1.933 680 *2 *2 , 16,520 10 002 9 H(Xt 702 6.515 4,2^10 2,265 8 2 burg . 5068 8.446 8,295 151 1.621 1,118 503 1 1 1 . 18,891 10.fl.S7 10,472 165 8,254 5,778 2,476 I . , r . . . 9,715 6,876 6.070 806 8.JJii8 2,886 952 *1 1 ws . 19.6.S5 12.789 12.664 125 6,798 6,482 1,36*) 1 48 28 *20 46 624 2f\M7 25,791 626 20.280 18,8»1 6Jf89 1 77 67 10 21.810 11,057 10,598 464 10.751 7,172 3.579 1 2 1 % . . . 17,427 11.782 11.584 248 5 625 4.038 1,592 20 15 . . . 8,a44 2.887 2,829 58 4*8 356 100 1 1 1 85 050 52,798 51.885 918 82,230 28.6.'S8 8.572 22 6 16 . . . . 21.41*5 15,654 15,427 227 5,834 4.661 1.173 7 7 7.289 5.456 5,237 219 1.828 1,377 451 5 3 2 5,161 4.a56 3 995 61 1,105 822 283 irg ; [ 2,044 1.366 1.844 22 678 476 202 '. '. des all persons of negro descent. ese, Japanese, and Indiana. Digitized by Google Digitized by VjOOQ IC DOCUMENT No. VII. .E POPULATION OF VIRGINIA, ^ENTY-ONE YEARS OF AGE AND OVER, CLASSIFIED BY* COLOR AND LITERACY BY COUNTIES, 1900. oi^d by Google 1 10 Document No. 7. TABI^ III. COUKTIBS, o 1 Whiti. Nkoro (J 4^ £ s ■Urn 2 3 3 1 k s 5 S 2 o o o ^ H 3 n H 3 Virginia 925,807 801,879 264386 36,4»8 146,122 69,358 Accomac 16,618 5,478 4.888 1.005 2,470 938 Albemarle 14,116 4,446 4.023 4-^ 2.018 1,012 Alexandria .... 3,50d 1,407 1,856 52 679 418 Alleghany ..... Amelia ft,U» 8,579 8.285 844 1,444 780 4.531 790 756 84 1,219 444 Amherst 8,1*56 2.619 2,898 221 1.419 627 Appomattox .... 4,78-2 1.313 1,149 164 785 266 Augusta . . . 15,868 6,638 6.104 684 1,276 09(1 Bath 2.»20 1,185 1,053 182 296 178 Bedford 15,063 4,893 4,885 508 1,9.6 723 Bland ...... 2,765 1,186 1.018 168 46 20 Botetourt 8.622 H,119 2,794 826 891 474 Brunswick . . . 9.018 1,874 1.558 816 2,186 789 Buchanan 5.05» 1.957 1,261 696 1 1 Buckingham . . 7.475 1,781 1.487 844 1,545 46i Campbell ..... U.iroline , . 11,887 8,148 3 760 898 l,t^5 697 8 297 1,856 1,550 sue 1616 646 Carroll . B.665 8,908 8,003 906 63 34 Charles City . . . 2,604 411 862 49 777 261 Charlotte . . 7.6S4 1.657 1,493 164 1,697 494 Chesterfield . . . 9.495 2,860 2.533 827 1,753 707 Clarke 3,921 1,437 1,843 94 466 242 Craig •J. 132 924 844 80 67 49 tnupeper ... 6,934 2,080 ijm 184 1.188 486 Cumberland .... 4.4.5U 713 678 40 1,202 4«9 Dickenson .... 8.951 1,521 1,141 880 . , Dinwiddle . . 8.1W7 1.582 1.417 166 2,841 1.088 KUzabethOity , . . 11.898 5,447 S.()12 485 1 2.384 1.689 Essex 4,889 877 7iJ5 142 : i,m 546 Fairfax 9,457 8.757 8.512 245 1,108 590 Fauquier 11544 8.721 8.412 809 1.648 777 Floyd .... 7,60« 2.916 2.4'i6 490 198 90 Fluvanna . . 4.387 1.281 1.175 106 792 S95' Franklin .... 12.610 4.118 3,148 976 979 271 Frederick 6,644 8,211 2,992 219 182 104 irUes . 5.596 2.328 1.986 842 168 79 Gloucester 6.E>61 1,524 1.178 846 1.480 638 Goochland .... 4.900 1,059 948 111 1.218 473 Grayson , . . 8.'i76 8,368 231« 552 179 73 Grepne 8,WJ4 1.058 727 ' 381 1^ 93 Greenesville . . 4.8.H8 876 752 123 1,218 499 Halifax 18,H84 4,297 8.509 788 8.651 1,388 Hanover ... 8.978 2,472 2,198 274 1,552 52B Henrico 15.811 4.648 4.406 288 8,023 1.461 Henry . . . Highland , . '. ' 9,542 2.481 2,004 477 1,538 678 2,875 1.268 1,178 9$ 67 26 Isle of Wight . . . 6.651 1.767 1,506 261 1,488 496 James Cltv , . . 1,936 863 838 25 630 187 King and Queen . . 4,542 980 821 159 944 428 King George .... 8,563 859 737 122 682 286 King William . . . 4,237 845 768 77 9-18 861 Lancaster 4,6>22 2.014 1.844 170 1,665 709 Lunenburg .... 5.885 1,P07 1.18b 119 1,187 846 Madison 4,966 1.551 1.815 286 669 247 Mathews 4.175 1.5a3 1,435 148 566 828 Mecklenburg . . . 12 909 2.560 2,136 424 8,0^ 1069 _ Middlesex 4.2.5B 9.S6 872 84 i.nia 480 |^B^''^'>tgotti^ry . . . 7,814 3,011 2,587 424 612 804 Digitized by Google Document No. 7. 11 , Otheb 1 VVhitb. NiOB«(a ). Colored « (b). [S8. 3 5 2 t 2 3 5 g 2 & S 5 i 2 i o o o o H H 3 NH H ^ U H 5 "^ . . . . 11. WO 2,578 2,271 807 8.060 1,415 1,641 1 1 . . 7M2 2,474 2,061 413 i,oea 864 698 . . 2,504 442 409 88 ens 871 292 1 "i 2&,m 5,492 5,145 847 8,482 4.86J 8,671 27 17 10 >n . 7,067 1.698 1,630 168 1,(»9 648 1,026 2 2 rland 5.1 U 1.601 1,391 210 885 874 611 es.KXi 1.248 1.219 24 1,425 711 714 . . . 6,125 1,736 1,628 113 1,049 462 687 2 * 2 6.85ft 2.94H 2.417 531 299 127 172 . 7,727 2,923 2,009 914 296 97 198 ft 28 051 5, 8.19 4.674 1,185 4.088 1,847 2,686 8.41H 659 636 28 886 274 612 . aid 7.356 1,280 1.198 82 1,876 783 1.143 ^ •ge. 8,«4» 781 708 78 l,t^ 367 691 *4 ne . 5.047 1.621 1808 818 1,466 615 851 . , iam 5,6.^2 2,182 hmi 281 614 266 348 1 7.460 2.591 2,m 897 778 405 878 ock" 4,3dfl 1,505 1.225 280 498 181 817 . . 3.67e 999 832 167 586 199 387 7.7iK) 2.818 2,555 268 869 465 404 1 10.920 4,2:u 8.893 838 904 449 456 n' ', 16,817 7,473 6,707 766 670 283 287 ' *a 9.^!60 8,817 2 814 1.003 195 60 135 11.8fl7 4.786 8.594 l,19]i 141 46 95 , h* '. 9,905 4.872 4.495 377 160 74 66 8,608 8.754 2,984 770 252 131 121 1 on ', 11,586 2.JJ04 1.891 413 2,874 1,256 1,618 la . 4.584 1,330 1.178 157 807 353 454 4,105 1,637 31 248 148 100 rg * 1,000 475 460 15 149 89 60 des all persons of negro descent, ese, Japanese, and Indians. Digitized by VjOOQ IC « Digitized by CjOOQ IC DOCUMENT No. VIII. COMMUNICATION FROM THE itor of Public Accounts, IN RELATION TO UMBER OF MALE CITIZENS OF THE COMMON- ^LTH ASSESSED FOR TAXES ON REAL ESTATE VALUED AT $300,00 AND OVER IN THE YEAR 1900. COMMONWEALTH OF VIRGINIA, OFPICK OF THE AUDITOR OF PUBLIC ACCOUNTS, Richmond, August i, 190 J. ^ GOODE, PreMeni of the Constiiutional Convention : >bedience to a resolution of the Convention, agreed to on the 9th ulto,, honor to hand you herewith, a statement show iog the number of male each county and city, who are aseeseed for taxation, with real estate of >f three hundred dollars ; white and colored persons stated separately. Very respectfully, MORTON MARYE, Auditor Public Accounts, i .■Digitized by Google Document No. 8. STATEMENT. I I COUNTIES. White. Ool Accomac • 1,860 878 425 542 1,118 687 2,888 28» 1,822 305 991 846 892 630 1.084 767 213 127 701 1,486 517 269 mQ 448 73 741 840 428 1,984 1,381 59P 4(K> 1.133 1,291 651 681 478 443 281 268 1,628 1,193 1,525 629 411 757 186 388 441 897 872 692 1,925 686 449 661 869 991 351 957 1.083 681 211 Albeniftrlo . ■• Alexandria Allpifhanv Amelia . Amherst Augusta - Bath Bedford , Bland Botetourt Brunswick Buchanan BucklnGrliam . ...... CaniDb<*ll . . . . Caroline Carroll Charles Citv Charlotte - ... Chesterfield Clarke . Craie CuiDeoer . . .... ... Cumberland Dickenson .... Dinwiddle . BUzabeth City Essex ........ Fairfax Fauquier Floyd . Fluvanna Franklin . . Frederick Giles Gloucester , Goochland .... Grayson ... , .... Greene Greenesvllle Halifax lianover Henrico , . . Henry ' Highland .... Isle of Wight James City King George King and Queen King William Lancaster Lee Loudoun Louisa Lunenburg Madison Mathews " • * . . Mecklenburg ... Middlesex Montgomery Nansemond Nelson New Kent JL. Digitized by Google Document No. 8. NTIKS. White. Colored. TOTAL. 3,10B 683 008 802 680 878 481 1,818 288 717 440 808 910 667 468 884 808 1,202 2,788 602 870 1,700 868 860 842 611 480 641 866 622 81 1,142 642 608 088 200 018 286 112 476 081 862 887 656 1,808 2,028 808 075 480 6.218 1,760 488 01 404 880 68 80 48 20 10 4 81 26 142 48 20 60 7 8 27 62 81 17 2 8* 0 106 42 0 101 60 18 m' 8 88 14* 24 300 16 ire' 216 08 204 148 186 160 871 118 8 647 121 88 83 82 3,786 810 888 740 688 888 486 1,807 811 860 488 887 078 664 468 801 880 1,878 2,786 604 870 1,712 887 068 884 620 600 800 888 622 138 1,160 806 608 080 814 [S8. 1036 800 112 818 1,146 446 1,181 700 1,R28 2,178 1,287 1,001 441 6,783 1.880 571 124 488 06,882 8,144 108.808 Digitized by ' J r Digitized by CjOOQ IC DOCUMENT No. IX. COMMUNICATION FROM THE ditor of Public Accounts, SHOWING THB T OF TAXES RETURNED DELINQUENT IN EACH Y AND COUNTY BY WHITE AND COLORED PERSONS FOR THE YEAR 1895. Goods, liideni of the Constitutional Convention : Richmond, August 22, 1901. lieuce to a resolution of the (Convention, adopted July 11, 1901, 1 have o hand you herewith statements showing the amount of taxes on real onal property, and polls, paid hy white and colored persons, respec- ach of the past five years, in each county and city ; also statements B amount of taxes of white and colored persons, i-espectively, which led delinquent in each of the past five years, in each county and city ; nent showing the amount due hy treasurers and other officers for the 1890, and the amount thereof lost to the State ; and a statement show- to the State through treasurers and others through relief hills in the receding June 1, 1901. Very respectfully, MORTON MARYE, Auditor of Public AccoxivIh, f Digitized by Goog^ Document No. 9. COUNTISS. Tax of Whitk p Accomac . . . . Albemarle . . . . Alexandria . . , Alleghany . . . . Amelia , Amherst . . . . . Appomattox . . . Augusta . . . . Bath Bedford Bland Botetourt . . . . Brunswick . . . Buchanan . . . . Buckingham . . Campbell . . . , Oarollne . . . . Carroll Charlotte . . . Charles City . . Chesterfield . . . Clarke Craig Culpeper . . . . . Cumberland . . . Dickenson . . . Dinwiddle . . . . Elizabeth City . . Essex Fairfax Fauquier . . . , Floyd Fluvanna . . . Franklin . . . . Frederick . . . . Giles Gloucester , . . . Goochland . . , Grayson Greene , GreenesvlUe . . Halifax . . . . . Hanover . . , , Henrico Henry Highland . . . , Isle of Wight . . James City . . , King and Queen , King George . , , King William . , Lancaster . . . , Lee , Loudoun . . . . . Louisa Lunenburg . . Madison . . . , , Mathews . . . . , Mecklenburg . . Middlesex , . . . Montgomery . , Nansemond . . , Nelson . . . . , New Kent . . . . Norfolk 617 00 1,17« 00 im 00 899 00 76 00 fiftO 64 194 00 i,(m 00 178 00 940 73 9a 00 771 00 224 00 124 00 842 00 599 OS 190 00 56a 00 249 00 41 00 572 98 211 00 110 70 354 00 109 00 97 00 153 00 280 00 1»2 00 063 00 B76 00 175 00 379 00 515 25 229 00 276 90 219 00 52 OO 191 00 76 00 104 00 875 00 290 00 1.459 00 199 00 218 00 192 00 28 00 68 89 91 00 287 66 161 00 423 00 427 00 278 00 177 00 231 00 106 00 338 00 62 00 371 26 273 00 557 64 48 00 1,565 00 Digitized by Google Document No. 9. OLORBD Persons Retuenbd Dkunqubnt. Aggebgatb of White and Colored Delinquent. i (3 i? 2 §1 2*r 0 ll 5 s ,0, 1 5 1 OS 1 43 92 194 m 9 98 9 89 i 36 2 06 1,178 98 1,645 00 127 02 14 56 1,786 57 3,586 48 1,493 42 1,402 42 1,266 08 114 76 69 47 596 101 17 1,103 14 426 40 235 85 878 53 1,970 00 545 00 619 00 349 00 219 60 66 67 95 24 8 08 1,346 88 891 85 688 18 909 00 49 51 6 42 45 39 883 931 75 247 26 1,487 49 431 00 119 27 16 69 1,069 38 81 06 2.676 09 528 75 12 13 81 S8 727 01 1,777 00 118 SI 947 06 2,837 56 843 00 4,297 61 174 98 2,365 31 992 98 3 86 45 45 11 14 89 708 1 67 119 32 24 50 «I 16 41 76 03 1,182 36 6 85 509 85 632 49 249 00 1,958 32 99 00 1,215 00 733 00 124 00 741 00 80 47 208 88 7 84 123 45 20 04 18 79 45 74 563 53 2,180 81 68 14 1,026 86 239 94 2,865 29 424 26 " 18 '74 ' " 'ssW '44*164 8,003 m 1,210 99 ^ 43 9 62 78 60 8 01 521 33 431 81 1,024 35 em 68 HI 72 21 83 2,301 38 60 92 3,527 40 686 98 86 14 75 4 i)7 2178 268 27 37 13 599 00 18 70 199 61 817 81 11 31 14 66 240 46 250 680 16 202 68 1,076 19 189 18 843 10 224 00 1378 88 896 00 61 59 6 17 115 12 29 14 240 51 47 69 1,993 60 24 22 1,145 20 277 86 3,48 1*6-1 CKl 18U 00 s,im 50 !,««>« (Kt 1.888 00 121 (K) 9.128 OO i,;t47 00 84i» 00 13 00 449 90 211 07 Bristol 136 50 Riiena Vista , , 10 01 Oharliittesvllle 80 53 Danville 241 15 Fredertekfiburg 28 80 Lynchburg 229 11 Manchester 223 97 Newport News , Norfnlk 65 42 1,8] ^ 99 Pet'^rsburg 41S 01 Portsmouth 254 60 Radford 27 01 Richmond 4,774 10 Roanoke , 805 84 Staunton . 172 64 William flburg 4 06 Winchester 100 88 Total 28,3.56 90 8.088 14 Total, Counties Total, Cities ... 35.879 28 23,8.56 90 5,628 48 8,03S 14 Grand total 59,2.% 13 14,156 62 Digitized by Google Document No. 9. QOLOBBD PEBSONS KSTURMBD Aggbegatb of Whitk and Colored DKLINtiUENT. Delinquent. 6 a ^1 ss _j S §2 H WCh 'a iS ?• wo* « i « 5 o fl9 « V o au « ^ o 0. OS H 21 71 4 91 mi 62 1.170 00 35 52 99 11 1.304 68 m 3 29 90 13 140 (K) 5 28 22 77 168 06 8 08 14 72 476 8tJ 580 00 25 55 143 71 749 26 31 71 67 37 730 08 969 00 106 19 596 84 1,671 53 4 tV> 12 47 156 12 678 IW 5-1 30 - 275 81 1,008 H 1 78 3 77 99 50 404. 00 20 53 228 81 653 34 39 ^3 mi 29 2,150 62 3,064 00 130 74 1,312 43 4.607 17 8 77 24 75 256 52 848 00 80 87 129 89 608 76 SI 81 161 89 977 70 1,039 00 103 10 1,260 (m 2.402 18 6 6H 41 76 275 44 268 00 18 10 851 94 (^38 04 10 W> 8 59 210 68 823 00 27 31 170 15 520 46 4 49 7 07 96 56 210 00 40 46 2t>9 56 5.50 02 1^ 81 81 88 398 69 815 IK) 88 72 404 02 1.307 74 5 40 I 48 230 94 61100 17 96 7 80 586 76 8f.2 12 42 223 79 367 38 7 81 74 31 849 00 0 68 44 77 356 45 755" 04) 268 26 2,765 52 8,788 78 8»5 35 40 332 11 861 76 44 62 t»59 20 1,86-. 58 206 2 69 124 75 597 80 38 91 276 14 912 85 1 42 12 44 54 517 00 42 65 149 50 709 15 1 49 48 49 879 0(» 84 96 190 29 1,154 25 2 75 7 93* 104 68 l,ia5 00 179 69 358 25 1,722 84 1 10 6 77 94 87 759 00 21 24 106 57 885 81 18 98 73 85 806 88 jmi m 57 86 566 92 l,60f> 78 4 49 8 08 215 67 865 00 12 15 147 10 524 25 3 15 1 68 150 78 502 00 53 34 115 89 671 28 m 14 27 93 3i»5 07 486 00 83 61 225 50 745 11 U) 50 8 30 332 30 414 50 29 49 203 98 647 97 8 80 10 54 2;i4 34 722 00 67 94 594 20 1384 14 a 02 3 2.5 120 27 837 00 18 03 W 16 4a5 19 13 25 27 07 288 82 658 00 51 88 237 72 817 60 10 72 19 39 205 U 1,372 00 87 16 607 38 2,066 54 18 28 26 00 865 28 436 00 29 21 828 58 793 79 4 74 138 74 mi 00 315 m 2,iJ86 95 3,369 60 4 70 * " ' 5 "28 209 98 772 00 79 52 244 12 1,095 64 8 2U 4 98 2:M 27 295 00 14 51 130 64 440 15 1,771 S3 4,746 95 46,987 04 76/297 49 7,2i>5 31 57,082 59 140.675 39 4 02 110 82 983 8i 2,418 00 215 09 623 50 3,256 59 4 at 42 80 190 14 451 00 140 84 1,939 80 2.531 64 14 3 58 28 06 89 49 10 15 1,588 89 l,6K8 58 14 ;irt 82 72 392 08 7IUJ 50 44 89 84 52 862 91 15 87 85 40 880 27 1,242 00 257 02 525 2-2 2.if24 24 3 22 8 68 173 90 415 (KI 27 (12 91 61 5it8 6!i 78 m 22;{ 45 1,682 31 2,225 71 302 11 693 89 8,221 71 m 9e 447 84 1.156 80 1.6<^ 00 287 98 1,832 33 8.729 26 11 50 4 62 156 02 820 00 76 92 118 72 515 64 2fJ6 (H 106 80 3,618 44 6.69fi 60 1,519 08 2,376 40 10,592 m 153 85 814 45 8.085 30 3,723 00 571 86 3,002 64 7.297 40 15 18 8-J 50 1.012 68 2,H(»3 m 269 74 1.195 30 4.268 04 m 40 44 49 164 25 28 75 1,648 69 1,836 60 &46 84 1,856 72 8.098 56 14,818 00 5;J21 03 16.896 80 37,035 88 &4 'J9 424 15 l.(H5 44 1,9:{4 (K) 430 13 14.151 61 16,515 74 66 43 51 91 693 34 825 00 237 97 520 22 1.683 19 2 72 6 02 626 68 42 tK) 7 38 6 67 56 05 28 63 91 90 855 90 129 51 388 42 1,378 88 1.244 23 4,393 16 28,645 94 46 937 04 41.865 45 9,877 87 47,679 08 98.922 45 1 j71 ai 4,7i6 95 76,297 49 7,295 81 57.082 59 140,675 39 1,244 23 4.893 16 23,645 94 41365 45 9.877 87 47.679 63 98.922 46 3,016 06 9.140 n 70,582 98 117,662 94 17.172 68 104,762 22 239,697 84 Digitized by Google Digitized by CjOOQ IC COMMUNICATION FROM THB ditor of Public Accounts SHOWING THB ' OF TAXES RETURNED DELINQUENT IN EACH >UNTY AND CITY FOR THE YEAR 1896. Digitized b] iGoogk 8 Document No. 9. COUNTIES. Accomac .... Albemarle . . . Alexandria . . Alleghany . ■ . Amelia Amherst . . • Appomattox . . Augusta Batli ...... Bedford Bland Botetourt . . . . Brunswick . - . Buchanan .... BuckiuKham . . Campbell . . . . Caroline . . . . Carroll Charles City . . Charlotte . . . . Chesterlleld . Clarke Craig Culpeper . . . ■ Cumberland . . Dickenson . . Dinwiddle . . Klizabeth City . Kssex Fairfax Fauquier . . . . Floyd Fluvanna - - Franklin , . . . Frederick .... Giles ... • Gloucester . . . Goochland . . . Grayson .... Greene GreenesviUe . . Halifax . . Hanover . . . Henrico Henry Highland . . . . Isle of Wight . . James City . . . King George . . King and Queen King William . Lancaster .... 1/66 Loudoun .... Louisa .... Lunenburg . . . Madison .... Mathews .... Mecklenburg . . Middlesex . . . Montgomery . , Nansemond . . . Nelson New Kent .... Norfolk Tax OF White 1 Deli 459 00 .091 76 214 00 B*>2 00 Qb 77 &U2 06 171 00 ,120 00 16fl 00 942 85 124 00 71» 00 2.W as 221 W> 298 18 522 93 2ai 00 71ft 00 50 00 26.5 .'iO 580 00 2(H 00 100 m 408 00 115 00 116 00 100 (K) 210 00 JH4 00 «74 04 527 00 lf}0 25 Kft7 00 tm 54 245 00 270 50 225 00 67 00 429 00 55 00 148 00 ,0(H 60 a02 IK) ,47« 00 178 00 188 00 219 00 2.S 00 79 «3 9a DO 255 00 72 00 888 62 424 00 275 00 186 00 •ill 00 147 00 428 00 47 00 4.-34 01 !«{2 00 048 90 40 00 ,618 00 Digitized by CjOOQ IC d Document No. 9. 9 OLOBED Persons Retubnkd I AOGREOATE OF WHITE AND COLORED Delinquent. Returned Delinquent. H 1 "3 Q >t le a i *A i t 3 o '1 « 1 S o <£ « H o 0. P< H 37 14 1 00 1,096 14 1,616 00 102 48 8 91 1,627 84 82 31 131 69 1,217 00 2.144 76 192 26 1.885 87 8,67a 89 8 79 63 15 446 94 589 00 175 82 969 85 ,1,734 17 13 09 67 W 634 13 966 00 127 43 965 16 2,048 58 2 06 97 67 357 73 326 77 22 52 795 58 1,144 87 49 41 57 86 962 14 1,446 82 15150 759 47 2,358 79 « t2 8 71 197 93 364 00 16 6H 84 60 455 18 50CKJ 63 69 943 69 1,960 00 165 02 613 46 2,728 48 4 21 94 21 256 00 JJ3 13 I 68 290 81 86 m " ' '&4 28 1,122 19 1,944 16 283 82 1,450 79 3.678 77 51 05 13 56 iS7 00 14 09 31 57 182 66 18 29 22 08 489 32 1.168 00 149 72 690 29 2,008 01 6 41 24 459 65 706 32 S3 42 4 31 744 06 48 48 231 00 37 96 2,895 93 8,154 89 20 86 27 28 448 14 698 18 85 73 357 53 1,141 44 21 28 145 88 711 63 1,070 40 il66 m 1,792 98 8,2-20 01 9 81 7 18 477 02 691 00 89 43 62 58 848 01 40 48 25 83 741 (K> 26 44 207 76 976 10 5 54 IS 86 200 90 2:M)00 11 76 49 i«i 291 71 22 75 16 6l> 604 45 fiJiO 60 353 95 831 13 1,815 68 28 54 190 49 973 86 1,3:J4 73 363 91 1.713 88 3,402 52 2 6.S 2 11 2r>5 79 406 00 45 29 22 W 472 63 P2 08 19 20 122 19 89 68 157 33 819 20 Iff OS 34 75 590 BO 978 00 94 02 816 94 1,888 96 21 07 35 25 574 32 633 00 62 05 418 79 1,103 84 m 1 03 117 00 46 48 263 66 427 14 12 19 ' " 9 27 25;t 4« 332 00 34 95 102 80 469 75 24 55 244 19 909 71 861 00 201 85 6!i6 12 1,588 97 19 87 28 79 497 66 f>m 00 28 95 86 60 698 54 47 7« 82 m 767 61 1,301 04 278 12 1.637 64 3.216 80 25 16 65 67 666 83 1,113 00 75 07 349 10 1,537 17 58 67 23 25 172 26 18 47 34 28 225 00 5 14 11 98 634 12 984 OO 56 92 161 21 1,202 13 6 88 7 39 858 27 937 64 155 18 246 04 1,887 76 1 90 4 83 52 73 291 00 26 m 334 27 652 11 78 06 41 81 311 60 72 85 25 59 409 94 9 10 42 92 506 08 678 00 16 80 150 52 846 32 27 46 26 72 382 18 395 00 86 86 278 92 704 78 60 1 18 80 78 458 00 8a 04 44 29 686 33 76 86 76 90 00 3 36 98 86 14 04 * '8'74 801 19 437 41 68 22 " ' ' 64 18 664 81 66 72 114 19 2,293 91 3,132 50 466 34 1.006 48 4,698 83 20 06 26 03 455 09 711 00 64 06 190 23 956 89 118 53 974 51 3,732 04 3,115 00 l,2Jll 90 6,558 14 10,906 04 4 93 60 257 53 430 00 39 07 29 18 498 25 93 33 93 221 00 22 13 86 248 99 IB 18 ■ ' 32 49 748 62 919 WJ 102 36 129 10 1,160 46 3 ti3 24 88 177 81 172 00 10 17 73 67 265 84 2 36 6 i»9 206 65 275 93 11 15 82 36 319 44 14 56 82 dl 369 16 406 00 25 91 laS 85 68-1 79 27 40 tK) 55 569 24 701 29 71 34 623 98 1,396 56 18 61 4 76 2m 57 382 20 36 63 50 m 419 46 45 16 29 404 46 68 28 .H8 32 601 06 16 09 ' '26 95 419 04 800 00 102 92 106 31 1,009 23 6 46 64 87 516 33 720 00 121 89 313 06 1,164 95 9 67 7 00 297 67 417 00 23 02 132 53 572 55 4 00 15 83 207 83 3i>9 00 20 35 90 31 509 66 2 92 7 74 196 66 333 00 19 60 122 54 474 04 25 60 29 93 1.413 33 1,786 (to 113 73 121 71 2,021 44 6 07 11 74 817 81 347 00 12 38 80 74 890 13 7 99 24 43 277 50 679 09 97 14 301 91 1,078 14 83 43 117 frl 1,126 47 1,308 00 81 09 348 41 1.787 60 22 49 29 37 537 71 1.134 75 229 77 697 80 l,tm2 32 3 57 7 02 177 14 206 65 7 11 80 48 294 14 270 03 1,098 74 4,763 77 6,013 00 778 18 6,073 95 11,866 08 Digitized by Googk 10 Document No. 9, 00UNT188. Tax op WHiTk Ck m O Northampton Northumberland Nottoway . Orange Page Patrick PItUylfania Powhatan Prince Edward Prince George Princess Anne Prince William Pulaski Rappahannock Richmond Roanoke Rockbridge Rockingham . . Russell Scott Shenandoah Smyth Southampton SpotBylvania Stafford . . . . Surry Sussex Tazewell Warren Warwick Washington Westmoreland Wise Wythe York Total GITIBS. Alexandria Bristol Buena Vista Charlottesville Danville Fredericksburg Lynchburg . . . • Manchester Neapolls Norfolk Newport News Petersburg Portsmouth Radford Richmond Roanoke Staunton Williamsburg Winchester Total Grand total 2^ 00 58 00 107 00 176 00 614 00 S57 00 1 .108 77 112 00 2:i4 00 fll 00 358 GO 143 00 406 95 271 00 71 00 444 00 637 00 571 38 610 00 798Q0 1,005 00 728 00 276 00 152 00 S5« 00 100 00 111 00 760 05 240 00 48 00 1^17 00 145 00 627 04 732 00 75 00 37,408 48 1,687 00 886 00 84 53 388 53 688 10 300 ttO 966 83 1,010 10 301 00 3,946 30 408 00 1,711 00 1,941 00 62 00 9,224 00 1.S20 00 397 00 10 00 481 00 25,165 89 62,573 t^ Digitized by Google Document No. 0. 11 OLORED Persons Rxtubnxd Aggbegate of \\ HITE AND OOLOmSD Deukqdent. Retubnkd Delinquent. 1 3 1 § E s 3 £ s g £ p§ & ^?S? 3156 935 16 1,168 00 49 13 52 28 1,264 40 5 29 8 40 99 69 149 00 15 98 26 02 im 95 9 73 19 79 530 51 668 00 28 29 133 56 Biii 85 U 51 88 04 898 56 517 00 44 06 863 66 934 72 5 W 81 80 222 14 799 00 88 98 386 70 1,269 68 278 2 46 117 24 4 2,228 69 9 01 68 97 812 08 581 00 69 9K 230 83 881 81 36 42 8 21 096 81 1,676 72 268 79 20 91 1 961 42 49 60 196 07 742 67 1,155 00 219 32 806 59 2.180 81 8 90 890 881 10 1,510 00 158 12 4 r»o l,ti68 02 170 00 190 86 8,064 86 7,587 00 8,298 68 5,550 95 16,4it6 68 212 60 520 92 4,068 62 5 889 00 849 84 1,655 28 7.894 12 18 02 127 12 1,864 14 8,841 00 895 88 2.320 28 7,0.7 16 86 5 40 28 70 60 00 146 W 714 52 920 58 «22 66 1,067 86 7.084 62 16J242 00 4,731 36 11,521 99 81 .-U« 35 20 56 196 16 762 72 1,718 00 297 m 4A\m 98 6,514 02 48 90 60 88 914 28 727 00 140 82 276 ^ 1,144 66 3 19 2 40 67 69 78 00 6 58 13 60 92 16 24 98 86 92 610 90 051 00 160 07 176 28 1,277 85 1^8 09 2,727 68 28,210 95 45,033 82 12.786 92 29,670 54 88,801 28 1^83 06 3.718 96 44,688 04 78,097 05 12,618 79 33,801 84 124.512 68 1,278 09 2J27 68 28,210 96 46,988 82 12,786 92 29.670 54 88,891 28 2,861 15 6,441 64 67,748 00 124,080 87 26,400 71 68,472 88 212,908 96 Digitized by Google Jf Digitized by CjOOQ IC COMMUNICATION FROM THE iditor of Public Accounts SHOWING TBB T OF TAXES PAID ON REAL ESTATE, PER- )NAL PROPERTY, POLLS, Etc., FOR THE YEAR 189G. ■ • Digitized byCjOOQlC 56 Document No. 9. COUNTIES. Accomac . . . . Albemarle . . . Alexandria . . . Alleghany . . . Amelia Amherst . . . Appomattox . . Augusta Bath Bedford Bland Botetourt , . . . Brunswick . . . Buchanan . . . . Buckingham . . Campbell . . . . Caroline . . . . Carroll Charles City . . Charlotte . . . . Chesterfield . . Clarke Craig ...... Culpeper . . . . Cumberland . . Dickenson . . . Dinwiddle . . . Kllzabeth City . Kssex ...... Fairfax Fauquier . . . . Floyd Fluvanna . . . . Franklin . . . . Frederick . . . . Giles Gloucester . . . Goochland . . . Grayson . . . . Greene Greenesville . . Halifax . . . . Hanover . . . Henrico Henry Highland . . . . Isle of Wight . . James City . . . King George . . King and Queen King William . Lancaster . . . . Lee Loudoun . . . . Louisa . . . . . Lunenburg , . . Madison . . . . Mathews . . . . Mecklenburg . . Middlesex , . . Montgomery . . Nansemond . . . Kelson . . . . . New Kent . . . . Norfolk Digitized by Google Document No. 9. 67 ^EBSONAL PBOPBBTT. Capitation. 1 i t »J o o o i o o 1 • O SH Q H M 267 72 6,168 78 4,628 00 1,645 00 6,268 00 0 125 !J3 5,796 60 2.634 00 1,044 OG 8,678 00 « 29 59 480 99 467 00 101 00 658 00 « 6 18 1,422 76 897 00 66 00 963 00 e 114 07 1,122 75 635 00 702 00 ^•S!2? 1 0908 1,449 74 1,529 40 637 84 2,067 34 K> 82 24 1,066 24 1,028 00 606 00 1,528 00 4 78 75 0,909 09 4,939 00 611 00 6,550 00 « 14 12 1,375 00 844 00 78 00 022 00 8 141 53 8,231 01 8,723 59 1,130 80 4,864 30 »7 1 92 W7 59 951 00 21 00 072 00 ^ 57 81 2.884 65 2,2W 00 458 00 2,712 00 » 188 50 1,770 13 1,480 00 1,855 00 2,835 00 S 10 691 02 1,329 00 1 00 IrSSOOO £2 178 66 1,868 88 1,295 00 887 00 2,182 00 MI 161 55 6,495 21 2,368 00 1,869 00 8,737 00 5 IM U* 1,645 34 1,352 00 1,009 63 2,861 68 H 3 12 1,154 36 2,779 00 23 00 2,802 00 ro 89 75 817 54 288 00 558 00 846 00 rt 156 12 1,782 49 1,291 60 1,029 40 2320 00 r« 142 63 2,282 39 2,019 25 986 60 8,005 76 11 23 09 1,788 60 1,074 00 261 00 1,386 00 )3 2 32 881 25 726 91 18 00 739 91 )8 94 71 8,821 29 1,873 00 604 00 1,977 00 a 110 12 684 35 541 00 606 60 1,146 60 )S 578 08 1,150 00 ^•i?*S }0 190*51 1,373 17 1,149 00 *i,io6*oo" 2,266 00 MS 127 51 8,762 16 947 00 T^OO 1,676 00 »2 H7 33 1,023 25 750 00 mi 50 ^'^I 52 & 150 75 5,227 60 2,406 00 681 66 8.086 60 18 212 97 7,674 85 2,745 00 895 00 8,M0 00 t4 10 98 1,187 42 2,425 98 183 43 2,569 41 >5 54 66 700 21 831 00 853 00 1,184 00 1 W 52 l/>42 93 3,225 00 595 43 8.820 48 )S 17 69 2.781 54 2,587 00 104 00 2,601 OO >2 968 1,271 20 1,648 60 110 00 1,758 60 N) 218 9a 1,418 82 1,186 00 9<>6 00 2,091 00 M 148 60 925 64 733 00 691 00 1,424 00 »7 3 71 1,010 28 2,496 m 98 00 2,604 08 >0 25 17 670 67 899 00 207 00 1,106 00 »3 147 7« 887 69 645 50 875 75 1.621 ^ 6 201 6] 5,762 07 3,069 20 1,769 88 4,820 06 17 189 40 8,367 07 1,934 00 949 00 2,888 00 H) 17 09 10369 08 1,610 iK) 258 00 1,868 00 ri 01 88 1,783 59 1,983 00 1.068 00 8,061 00 » 13 55 1,830 35 1,054 00 42 00 1,096 00 r4 192 63 2,472 87 1,549 00 1,120 00 2,669 00 7 56 U 854 71 266 00 360 00 626 00 « 68 74 609 36 688 00 416 80 1.104 80 4 21H 21 1,160 35 818 00 664 00 1,482 00 U 119 80 1,508 21 660 00 680 00 1.84J00 15 178 58 1,238 03 059 0'} 864 09 1,818 09 11 18 90 2.459 31 2,720 80 97 52 2.818 82 rr 127 65 13,744 42 8,256 00 754 00 4,010 00 w 186 24 1,016 24 1,261 00 978 00 2,284 00 » 97 44 1,144 07 985 00 730 00 1,715 00 M 81 79 1,556 45 1,138 00 445 00 i»SS2S j7 57 54 696 11 1,314 00 889 00 1,708 00 11 216 72 8,162 13 2.000 33 1,912 85 8,013 68 12 165 71 016 03 789 00 740 00 1,620 00 36 39 04 2,800 79 1,005 01 289 82 234 88 18 1B9 85 8,027 88 1,920 OO 1,708 OO 3,682 00 t6 06 88 1,051 34 1,635 03 516 56 2,061 58 30 60 60 888 08 854 00 451 00 806 00 U 20G78 6.488 02 678 00 2,387 00 2,060 00 4 Digitized by Google 58 Document No. 9. OOUNTIKS. I Northampton Northumberland ...... Nottoway Orange Page Patrick Pittsylvania Powhatan Prince Edward Prince George Princess Anne Prince William Pulaski Rappahannock Richmond Roanoke Rockbridge Rockingham Russell Scott Shenandoah Smyth Southampton Spotsylvania Stafford Surry Sussex Tazewell Warren Warwick . . Washington Westmoreland Wise Wythe York Total CITIES. Alexandria Bristol . . . , Buena Vlflta Charlottesville Danville Fredericksburg Lynchburg . . . ■ , , . . . Manchester Newport News Norfolk Petersburg Portsmouth Radford Richmond Roanoke Staunton Williamsburg Winchester Total Grand total Digitized by Google Document No. 9. 59 Pkesomal Pkofbbtt. Capitation. 4 t o 3 1 1 i o o o o O H o H 84 229 19 1.806 03 1,313 00 809 00 2,121,00 96 134 56 1.621 50 1,274 00 684 00 1,958 00 78 120 65 1,096 28 1.050 OO 858 00 1.908 00 79 107 64 2.4S3 43 1,240 00 721 00 1,961 00 17 4 48 2.432 65 2,073 65 138 96 2,212 51 85 22 64 1,060 49 2,349 00 222 00 2,571 00 63 138 46 2,951 09 4,089 19 1,669 32 5.758 51 56 117 18 845 73 491 00 615 00 1,106 00 4S 125 78 2,278 21 846 00 918 00 1,763 00 04 90 85 1,086 89 652 00 721 00 1,873 00 2!( 105 61 1,265 86 1,177 00 701 00 1,878 00 45 106 41 2,359 86 1,727 00 487 00 2,164 00 m 28 86 8.477 05 1,587 00 878 00 1,000 00 «5 31 85 1,887 60 946 00 240 00 1,186 00 66 105 29 852 94 836 00 459 00 1,295 00 14 46 92 11,492 06 1,877 00 483 00 2^10 00 08 67 01 5,098 09 8,120 Oo 475 00 8,596 00 78 29 35 9,968 13 6,247 64 326 38 6,674 02 86 13 64 2,178 50 2,590 00 91 00 2,681 00 W) 5 08 K605 98 8,097 80 67 00 3,164 80 U 3 64 3.633 58 3.tt80 00 27 00 8,107 00 83 10 99 1,811 82 2,828 00 131 00 2,459 00 06 373 07 4,370 03 1,881 00 1,947 00 8,828 00 16 99 61 1.072 77 897 00 451 00 1,848 00 03 38 64 904 67 1,216 00 199 00 1,415 00 04 142 02 1,048 06 743 00 879 00 1,623 00 90 168 32 1.3(34 22 903 00 1,344 00 2,247 00 99 48 63 8,754 62 2,614 77 299 00 2.918 77 48 10 69 1,283 17 1,195 00 124 73 1,819 78 SO 49 93 457 73 258 00 326.00 584 00 79 28 94 2,178 73 3,384 00 319 00 8,703 00 6a 187 51 953 04 941 00 604 00 1,645 00 61 8 57 1.546 18 1,880 00 72 00 1.962 00 90 19 38 4.iS2 96 2,476 00 226 00 2,702 00 67 115 64 472 81 683 00 621 00 1,804 00 98 9,786 39 248,506 87 165,761 08 62,020 84 227,781 92 ) 40 24 94 4,145 43 1,020 00 168 90 1488 00 46 1S8 492 78 167 00 5 00 172 00 •00 68 447 73 8(»6 00 29 00 886 00 > 24 46 26 2,180 50 685 00 260 00 945 00 »54 71 49 10,461 08 1,865 00 698 00 2,568 00 r 88 24 16 1,941 99 487 00 76 00 568 00 r 18 99 82 16,617 00 1,742 46 600 82 2,848 28 >28 38 01 1,068 82 789 00 213 00 962 00 1 11 22 72 8.806 83 1,155 00 243 00 1,898 00 L 12 59 68 12,460 80 1,445 00 ^00 1,588 00 »06 61 48 9,667 56 881 00 291 00 1,172 00 S 96 16 90 2.962 85 780 00 76 00 805 00 I 41 8 28 674 69 400 00 58 00 468 00 )88 124 60 60,175 38 8,201 00 877 00 8,578 00 1 S2 37 68 3,440 00 2,882 00 339 00 3.671 00 ) 17 29 89 8.500 06 870 00 100 00 970 00 I 60 22 46 497 95 128 00 59 00 187 00 ) 32 28 80 2308 12 547 00 56 00 603 00 (96 697 00 136.703 96 18,700 46 8,726 72 22,427 18 S 94 10,433 39 885.210 38 184,461 54 65,747 56 250,209 10 Digitized by Google 1 Digitized by CjOOQ IC COMMUNICATION FROM THE DiTOR OF Public Accounts BROWINO THE TO THE STATE THROUGH TREASURERS OR aERS THROUGH RELIEF BILLS DURING THE EN YEARS NEXT PRECEDING JUNE 1, 1901. Digitized bjGoog le . •/ Digitized by VjOOQ IC Document No. 9. 63 STATEMENT. NAM! or Pbkson Bkliivbd. Amount Rklikvid Against. »— AuthorlJEes the sureties of Jas. P. Crlts, Treasurer of Pulaski county, to discharge their Uahillty to the Commonwealth In Rlddleherger bonds at face value. The amount of bonds delivered to the State under this act was 11,661 00 The bonds are worth 06 cents, and, therefore, the loss to the State was 77 56 I— Authorizes the sureties of W. 8. Gravely, Treasurer of Henry county, to settle their liability in Rlddleherger bonds. The amount of bonds delivered under this act was ... 827 34 These bonds are worth 06 cents, and, therefore, the loss to the State was 41 86 I— Authorizes surety of J. H. Sears, Treasurer of Mathews county, to settle his indebtedness to the State In Rlddle- herger bonds at face value. The amount of bonds deliv- ered under this act was I,a00 00 The present value of these bonds is 06 cents, and, there- fore, the loss to the State was 00 00 B—Authorizes W. H. Bwlng, Treasurer of Prince Bdward counnty, and his sureties, to settle their Indebtedness to the State in Century bonds at face value. The amount of bonds delivered to the State under this act was 1,806 26 These bonds are now worth 06 cents, and, therefore, the loss to the State was 00 81 I— Relieves John G. Adams, of Nelson county, from the pay- ment of a fine amounting to 6000 4— Relieved M. P. Fulcher and others from payment of their bond for the hire of Noah Davis, who had been arrested by the sheriff of Floyd county under a caj)ia8 pro fine and hired out under the statute Z—Relieved Henry A. Slaven, of Highland county, from pay- ment of 1100, being part of a fine of |200 imposed upon him by the County court >— Relieved George W. Chewnlng from payment of of fine and costs imposed by County Court of Louisa »— Relieved Francis Crlgler from judgment obtained in County Court of Culpei>er, as surety for William Cooper on his bail bond 1— Relieved Thomas P. Darracott, of Highland county, from payment of fines amounting to »— Relieves Joel Sumner, of Floyd county, from payment of judgment against him as surety on a ball bond I—Relieves F. P. Sweet, of Washington county, from payment of a fine of 2— Relieves M. P. Fulcher, Tobias Phillips, and Bearford Akers, of Floyd county, from liability on a ball bond for .... (—Relieves George Ramsay and Morgan Ramsay, of Franklin county, from payment of a judgment upon a recognizance to keep the peace 2— Relieves John W. Gardner, of Washington county, from payment of a fine of 9810 22 $120 72 100 00 200 00 100 00 610 00 50 00 260 00 120 72 100 00 125 00 Digitized by Google 64 Document No. 9. February 26 — Relieves Lewis Hobson, of Hanover, from thepajnK part of a fine Uarch 2— Relieves W. W. Hudson, of King George countj, froi payment of a line of March a—Relieves estate of William Isom, of Grayson county, payment of a fine of March 2— Relieves W. A. Mourn teas tie, of Richmond city, fron mentofafineof March 4— Relieves John Thompson, of Richmond county, from ment of a fine of . . , February 25 — Relieves John W. Gardner, of Washington county, payment of a fine of 1804. February 28— Relieves R. K. Clay, of Amelia, from payment of a fi February 6 — Relieves A. R. Ellerson from payment of a fine of . . . February 9— Relieves Jos. D. Mitchell, of Grayson county, from paj of a fine of .... . . February 19— Relieves J. W. Rogers, of Craig county, from iMiymen fine of February 12— Relieves R. Waltman, of Sussex county, from pay men fine of ... . February 27— Relieves Geo. W. Whittater, of Giles county, from pay of a fine of 1895. March 2— Releases James G. Fields, late Attorney -General o ginia, from payment of a judgment of $1,000, in cc eration of his relinquishing his claims against the for professional services and for salary as Atto General March 4— Releases estate of Wm. W. Larkln, surety of Kugene son, of Alleghany county, from payment of a judg on a forfeited recognizance March 4— Releases Patrick Fox, of Alleghany county, from paj of a fine of March 3— Releases M. P. Fulcher, of Floyd county, from paymen fine of March 5— Relieves E. B. Lee, of Lee county, from a fine of ... . February 14— Relieves Sterling Willis, of Scott county, from a fine o 1900. February 5— Relieves James P. Keith, of Russell county, from twc of S25 and $5, respectively . . . February 5— Relieves A. B. Cook, of Roanoke City, from two fir $100 and $50, respectively February 15— Kelifcvese&tateof William M. Flanagan from forfeited; nlzance for February 26— Relieves Geo. A. Hutcheson. of Staunton, from fine o March 5— Relieves Caroline Pool, of Grayson county, and hei ties from a fine of March 5— Relieves R. M. Robinette, of Roanoke City, from a fix March 7— Relieves Warren S. S holes, of Lynchburg, from paym a fine of Digitized by Google COMMUNICATION rBOM TIXS DiTOR OF Public Accounts BBOWMO TBB IT DUE BY TREASURERS AND OTHER OFFI- CERS ON TAXES SINCE 1890. DBzed by Google i 4 Digitized by VjOOQ IC Document No. 9. 67 o * a i i Of o a £ 0 •d a « I "S c •c o. c: o OB B k ;3 -is 1^1 c • • „ i. II ^ § iM 3 - a. *> 5 5 <« •d a a I o II O Bi ; &S. - *? III -51 O^ o S V ca CO, " B * ^ «i Pt^ c = o s c = . « " 0. 0. <^ !r s^ a» * X « e: "" s6 O S O O ^ fc, O e -. r- c p; a- « G •O 0- I* ^-1 gl*p.§g I 1 I ^ B-d 5 « O P> »o »o "P .000 to tc tc E S a a^ £ • •O "O "O =S.= s ■0= « BS x) ^ ^ ca «B « 00 J2 H H H H «t-oooo -^ « rH ea ^*Kf od* "2 = ■^•2 8«^ g:=C -•s-s-g M cSS * »* ►- — s ■ ■ *B C'C'C B 3^ < 989BB 2 IS S S S uDxSsSS S SS SSS ooSaBS cdSX Digitized by Google 08 Document No. 9. 1 00 < 03 7j H C o 0 ^' hi o O o K U I - S 8 II i 18 1 ♦» - *• a c3 o 33 3 oo •CO c c s c s. o •s 8"' •o-o « « PQOQ isssliiiiii Digitized by CjOOQ IC DOCUMENT No. X. COMMUNICATION FBOM THB iditor of Public Accounts, SHOWINa THB :r and kind of liquor licenses issued ich county and city in the year 1900. r Goods, erident of the ContUtutional ConvenHon : Richmond, Aug:a8t 20, 1901. the honor to hand yoa herewith a statement showing the number and aor licenses issued in each county and city in the year 1900, and the ereon, also the tax paid on licenses other than liquor in each county irepared in obedience to a resolution of the Convention adopted July Very respectfully, MORTON MARYE, Auditor of Public AccoutUs, I. 1 / 1 1 ; ! i } \ t : Digitized by Google Document No. 10. COUNTIBS. WaOLBSALl Liquor Dealkrs. Ketail Liquor Dealers. No. Tax. No. Tax. Accom&c 88 12 16 23 2 1 3.729 87 1,049 77 1,818 06 8,100 00 300 00 8800 Albemarle Alexandria Alleghany Amelia Amherst Appomattox Augusta .... Bath 8 8 1,213 00 1,368 88 Bedford Bland Botetourt 6 11 19 18 7 6 2 16 9 388 33 675 'OO* 1,060 00 1.765 80 1,198 87 808 84 537 88 19187 1,470 8S 1,800 38 Brunswick Buchanan ..... Buckingham Campbell Caroline Carroll . Charles City Charlotte Chesterfield Clarke Craig Culpeper 8 8 1,061 07 725 00 Cumberland Dickenson . Dinwiddle 21 88 8 0 10 1 4 4 * 1,911 'ao* 9,Sf7S8 468 8S 507 57 1,402 30 88 68 383 84 400 00 Elizabeth City Essex . Fairfax Fauquier .......... Floyd Fluvanna Franklin Frederick . . . Giles Gloucester 18 9 1,138 81 796 84 Goochland , . Grayson Greene .... GreeneevlUe 13 19 17 59 6 20 5 1,228 34 2.108 00 1,491 78 5,443 60 766 18 "l J68 43 500 00 Halifax Hanover Henrico Henry Highland Isle of Wight James City King George King and Queen 2 8 300 00 083 00 King William Lancaster Lee Loudoun . • . • Louisa Lunenburg IS 8 1488 80 800 00 Madison Mathews .......... 1 Mecklenburg . Middlesex 2 775 00 1U8 8S Montgomery Nansemond 28 6 14 06 8.714 00 468 84 836 00 14.008 48 Nelson New Kent Norfolk '. [ [ [ Digitized by Google Document No. 10. 5 Wholesale Dealbbs in Malt LlQUOBS. Retail Dbalebs IN Malt Liquobs. Total Taxks ON LiQUOB Licenses. Taxes on Li- censes Other than Liquor. No. Tax. No. Tax. 8,729 67 1,054 77 1.366 65 3.280 00 210 00 93 00 5,612 72 2,214 02 320 00 2,737 26 819 47 1,309 18 986 81 8,607 47 1.358 45 2.578 68 575 25 2,211 55 1,834 52 408 00 1.408 26 2,143 76 1,454 35 1,327 32 497 50 > 1 75 00 1,212 00 1,363 38 398 32 37 50 575 00 1,050 00 1.760 80 1,196 87 723 34 • 537 63 191 67 1,470 83 1,480 28 85 00 1,091 07 725 00 5 00 1,911 36 9,992 36 458 33 787 57 1,482 20 138 m 403 34 770 00 85 DO 1.807 57 1.628 32 1,303 41 645 88 1,478 17 612 38 556 45 1,098 65 4,467 87 1,017 76 1302 81 8 490 &4 1 150 00 I 15 00 1,179 77 1,079 01 1,582 65 1,459 25 1,191 40 1,125 61 758 34 1,403 50 776 62 1,414 06 452 00 1.233 3-1 2.253 00 1.491 76 5.492 59 836 18 1.362 58 5,S«Ii 52 1,748 06 3.132 84 1,696 56 965 14 1,848 43 600 00 2.446 69 353 82 779 57 200 00 682 90 946 41 1,202 20 1,591 21 2,246 85 * 8,586 00 ' ' 1,168 89 380 00 160 00 1,465 61 684 24 866 10 1,345 47 845 00 108 33 8,204 05 1,846 20 2,240 68 8,769 90 528 84 825 00 J4,90g 43 5,278 67 882 96 416 00 I '. • ' 6,811 29 Digitized by VjOOQI©*^ mi Document No. 10. COUNTIKS. Wholesale Liquor Dealers. Retail Liquo Dealers. • No. Tax. No. Tax. NorthamBton 41 3,985 NnrtlmiiiDfirlaiid . ... 8 10 8 2 25 7 n » 18 16 800 902 PaffC 286 Patrick 206 Pitturlvanla .... 1,706 700 Prince Edward 090 664 I,84e PriiiGH William . ... 1,611 Pulaski . . S 11 294 908 Roanokp Roekbrldee Rock infill Am * « . . 7 1,528 Russell Scott i ' * 12 Shenandoah 1,212 Smyth S 2 5 16 13 13 188 SnotRvlvanla 200 StafTord 483 Surry .......•■•• 1.171 Sussex . 983 Tazewell 2,516 Warren Warwick 44 0 18 8,918 Washington 1,186 Westmoreland 1,075 Wise . Wythe 0 10 1,487 York 977 Total for Counties . . 962 61 8 107.98« CITIES. Alexandria 3 3 600 00 460 00 ujm Bristol 1,76ft Buena Vista .... Charlottesville Danville 1 ISO 00 20 27 13 85 10 128 182 50 54 rt 227 28 16 4 10 8.868 5.28S Fredericksburg 2,680 Lvnchburff 8 1,000 00 6.450 Manchester 3,783 Neapolis Norfolk Petersburg 8 7 4 700 OO fll2 50 S50 00 19,160 26.886 9,140 Portsmouth Radford 10,008 I,1I« Richmond Roanoke . 25 8,825 00 43.209 6,437 Staunton 2,968 Williamsburg 452 Winchester 1.983 Total for Cities .... 59 7,187 50 883 155,SMJ8 Total in State 5fl 7,187 60 1,705 263,874 Digitized by VjOOQIC Document No. 10. Wholssale Dkalkbs in Malt *|. LIQUOB8. Retail Dialsbs IN Malt LiqUobs. Total Taxes ON Liquor Licenses. Taxes on Li- censes Other Than Liquor. 1 NO. Tax. No. Tax. • 8.986 20 8,600 82 1.496 48 800 00 972 50 406 27 841 40 2.28122 700 00 950 00 659 99 1346 66 1,641 62 2,496 61 2.104 86 2,186 64 988 01 8,215 04 717 86 2,825 68 600 25 1,081 00 215 06 2,284 50 404 86 968 09 10 00 140 00 1,606 00 600 85 00 1,262 00 ■ '268 '85* 200 00 498 66 1,281 45 1X)18 65 2,696 67 8,918 '86 1.176 00 1,075 09 718 75 1,442 68 977 50 1,069 76 925 84 2,166 19 4,124 41 6,490 94 1,578 88 1,786 96 2,490 52 2,288 00 8,668 89 662 16 876 21 1,208 05 ' 1 * ■ 160 00 1,766 37 8,968 79 1.006 10 1,509 46 2,719 02 1,891 62 © 648 76 8,151 60 8.848 07 .... 766 50 8 848 76 1 16 00 112,902 41 12,456 68 2,216 67 4,01*8*67' 5,288 98 2.680 00 7.450 01 8.783 87 19,210 48 27,947 85 9.902 50 10,488 89 1,116 67 47,089 94 5.687 67 2.968 84 452 01 1,988 84 187,497 72 6,158 16 2,677 00 762 27 4,729 2S 12,897 62 2,709 46 • • • • 21,891 87 8,884 24 11 1 2 *8 1 412 60 150 00 76 00 '' 487 50 160 00 11,900 97 81,622 00 9,197 42 7.610 60 1,978 44 78,985 62 11,964 81 6.566 78 786 81 .... 3,096 62 38 81 1,275 00 164,576 42 218,862 19 2,128 76 1 15 00 277,477 88 406,852 91 Digitized by Googk 1 .,£ Digitized by Google Digitized by Goog '^inr^F, Digitized by VjOOQ IC DOCUMENT No. XI. COMMUNICATION FROM THE uditor of Public Accounts IN RELATION TO 5SED VALUATION OF PROPERTY OF CORPORA- 'lONS ASSESSED FOR TAXATION IN EACH CITY AND COUNTY, ETC. Richmond, August 20, 1901. HN Goods, PremderU of Con$tUutiorial Ckmveniion : obedience to a resolution of the Convention, adopted on July 11. 1901, 1 s honor to hand you herewith, a statement showing by counties and e assessed value of property of corporations assessed with taxes, and the anty and city taxes aseessed thereon in the year 1900. Very respeotfully, MORTON MARYE, Auditor Public Accounts, Digitized IGooglc n Document No. 11. P1B8O COUNTIES. p > i f AccomAC ••«••.• *..-. $22,969 00 162.086 00 2,WO0O 474,312 00 10.500 00 400 00 600 00 21,478 49 75,087 00 18,966 00 4,450 00 37.790 00 1,000 00 $9 Albemarle 69t AlpxAndrlA . * *.. K All&ffhftnv « ...* i.svr Amelia 4' Amherst . .*.....•. J Augusta Batli SI 321 Bedford 71 Bland 1 Botetourt BrunsTirlclc .... . 16 Buchanan ....' RuGkliiirham ... .. 5,025 00 228,895 26 21 Campbell Caroline 91 Carroll . 4.446 00 Charles Cltv Charlotte , 11,780 00 26.440 00 4 Chesterfield ... 10 Clarke Craig GulDCDer ..... 190 00 Cumberlaud Dickenson .... ...• Dinwiddle S,60«00 376,530 00 700 00 6,200 00 686 00 1 Kllzabeth City Kssex .•....,••.. 1,50 Fairfax 3 Pauauler .• Floyd Fluvanna Franklin 8,0(K) '00 28.650 00 1,976 00 Frederiolc . . ... I Giles U Gloucester Goochland Grayson Greene Greenesville 22.868 00 88,620 00 2.228 00 467.504 00 13 863 00 Q Halifax 83 Hanover Henrico 1 83 Henry , , 5 Highland Isle of Wight 91,060 00 36 Jamps City King George KinK and Queen 1,320 00 8,168 00 30.800 00 1,720 00 2.308 00 King William 1 Lancaster IS Lee 1 Loudoun ... Louisa .....'. Lunenburg . Madison Mathews Mecklenburg 26,010 00 IC Middlesex Montgomery ... 5,834 00 30,001 00 68,160 00 Nansemond 1' Nelson ] ." ' 27 New Kent Norfolk '.[[''[['' 3dt.59'5 00 1.4S L Digitized by ' Document No. 11. Rial Estatb. AeOBKQATB PfcMONAL PbOPKETT AKD Bbal Bstatb. •O -d H G . m a . K H H OS ^1 f-e i H ^^ cnf J H ^t: «jf 2 0 OfJ 1 1 go CO O b^^ > ta o H^ fO $100 Q3 $143 98 $258 86 $50,447 60 $20101 $263 65 »464 66 K* 715 51 967 18 1.682 64 841,449 69 1.413 65 1,877 17 3,2iK) 82 6 1^4 52 4,143 88 5,378 85 310.588 05 1.245 16 4,187 47 5,432 63 S 4,425 56 10,537 80 14,963 36 1,580.666 88 6,822 74 15,042 65 21,365 39 »0 58 06 111 29 169 36 26,008 00 100 m 195 29 295 35 >0 73 69 147 18 220 77 18,806 00 75 19 149 98 225 17 (0 1 20 2 40 8 60 800 00 3 20 5 90 9 10 K» 1,117 00 1,801 96 2,418 95 3(J0.804 39 1,202 94 1,411 22 2,614 16 K) a.WS 87 4,698 66 6,642 58 588,032 60 2.272 23 5,112 47 7,384 70 W 845 57 445 27 7m 84 105,420 00 421 48 692 00 1,018 48 N) 58 45 188 02 241 47 19,062 00 76 25 240 76 817 01 0 tm 16 1»860 30 2,040 46 207,876 10 881 81 1,647 90 2,479 21 »3 102 m 883 89 486 78 26,745 08 106 89 847 19 464 08 J8 6»6 19 1,835 mt 2,451 88 168,856 68 616 19 1,835 69 2,451 88 fc 161 50 242 12 408 62 45,881 30 181 60 272 29 468 89 w 1,100 32 905 86 2.006 18 508,184 81 2,014 88 2,059 36 4.074 23 » Sa 47 42 88 76 35 8,367 25 83 47 42 88 76 36 i4 249 45 501 30 750 75 66,790 24 268 14 689 11 797 25 » 3 1» 688 9 57 795 00 8 19 6 88 9 67 X) 90 61 248 44 389 06 84,385 W 137 58 341 01 478 64 17 2,771 91 4460 69 6,982 60 719,428 17 2,877 67 4,318 64 7,196 81 » 65 24 87 17 152 41 16.J{08 38 65 24 87 17 152 41 « 358 30 807 17 1,165 47 89,684 98 858 30 807 17 1,165 47 )0 119 54 195 98 815 52 30,072 00 120 80 197 07 817 87 X) 2 00 4 ^ 6 26 500 00 2 00 4 25 6 26 iS 250 68 759 96 1,010 64 68,045 98 250 68 759 96 1,010 64 jO 125 82 185 60 310 92 84,581 50 139 32 206 60 345 92 -5 226 62 877 47 604 09 431,869 76 1,728 78 2,721 68 4,450 46 30 15 96 21 94 37 90 4.693 00 18 76 25 79 44 56 )0 529 70 852 48 1,882 18 187,582 00 550 50 877 53 1.428 OS SO 86 72 101 20 187 92 22,208 90 88 87 103 78 192 65 » 9 28 '16 45 'i^'ts' '2,322 00 ' 9'ffi' ' ' * 16 45 *25'73 >0 32 94 89 36 122 80 8,286 50 82 94 89 36 122 80 K) 815 08 402 32 717 40 81.734 00 327 08 417 07 744 16 K> 166 28 887 86 564 09 70,210 0(t 280 83 656 24 936 07 KJ 1 00 1 85 2 35 2,225 00 8 91 12 03 20 94 ^ 102 W 166 28 267 32 25,574 58 102 04 165 28 267 33 )0 13 92 ' * 57 76 84 80 48 72 8.480 00 13 92 34 80 48 72 J3 148 "47 201 23 * 87,*297 83 157 '60 *S2'l*30 *478 1K) $2 182 48 819 00 501 48 129,184 62 516 64 513 80 1,029 94 W 76 81 91 88 168 14 21,342 00 85 23 102 98 188 21 10 5.820 11 6,376 99 11,697 10 1,786,078 00 7,150 15 8,558 24 15,708 39 50 42 04 84 08 126 12 24,372 50 97 48 270 43 367 91 'B 87 18 95 36 132 64 9.290 76 37 18 95 36 132 5.1 )0 260 64 325 81 586 45 156,211 00 634 84 644 53 1,269 87 M* '6 37 ' ' * 1*2 "76' '19 12 * *1.*5mW 6 37* ' * ' 12 '76 19 1*2 1,220 00 56,603 75 4 88 226 00 6 71 248 80 11 59 75 '218 '87 285 00" 448 87 474 80 W) 40 65 1 05 30,400 00 121 (JO 170 60 292 20 50 158 40 295 98 449 47 40,115 50 169 37 327 77 497 14 25 93 22 98 09 191 31 25,609 25 102 45 107 79 210 34 56 748 00 966 70 1,709 70 185,712 56 743 00 966 70 1.709 70 TO 4 60 11 00 15 60 1,044 62 4 60 11 00 15 60 00 608 988 15 96 1.620 00 6 08 9 88 15 96 00 44 77 1 21 110 00 44 77 1 21 06 36 48 68 86 104 84 85,128 06 140 62 807 15 447 67 00 1 61 2 41 4 02 400 00 1 61 2 41 4 02 R5 152 70 800 25 452 95 48,978 35 176 03 348 38 524 41 50 811 60 1,157 20 1,998 80 240,437 50 961 60 1317 29 2,278 89 JS 159 93 276 60 486 58 108,126 ^ 432 53 763 65 1,186 18 SO 62 35 116 47 178 82 15,487 60 62 85 116 47 178 82 00 6,795 72 18,591 44 20,887 le 2,068,?36 00 8,23^90 16,488 00 24,670 90 Digitized by Google "H Document No. 11. COUNTIBS. > Northampton . . Northumberland Nottoway .... Orange Page Patrick Pltteylvania . . Powhatan . . , . Prince Edward . Prince George . Princess Anne . Prince William . Pulaski Rappahannock . Richmond . . . Roanoke Rockbridge . . . Rockingham . . Russell Scott Shenandoah . . .Smyth Southampton . . Spotsylvania Stafford Surry Sussex Tazewell .... Warren 6,028 00 ' 1,260 00 600 00 01,fil6 00 3,U71 00 6 836 00 8fj,131 tK» 7,UW 00 1*15 UO WH 00 164,223 00 1,850 00 241,«06 00 10.108 00 66,835 00 4«,19f> 00 3,745 00 23,365 00 10,866 00 120,782 00 6.136 00 17,194 00 9,370 00 1.4U5 00 16.340 00 Warwick * ' * M,440 00 5,000 00 230 Washington '. ' 20 Westmoreland Wise <19,445 00 348,779 00 277 Wythe * ' * 1,207 York . • * Total 4,128,520 75 16,236 CITIBS. Alexandria . 86,i>r>0 00 37,755 00 79,:tl0 00 32,985 00 645,911 00 25,476 (K) 758,980 00 100,137 00 330,409 00 258,290 00 3M),965 00 98,740 00 17,100 00 6,501,22000 266,897 00 72,995 00 347 Bristol 151 Buena Vista 817 Charlottesville 131 Danville 3 419 Fredericksburg 105 Lynchburg . . . • ] . . . . Manchester 3,035 400 Newport News Norfolk 1.322 1,088 Petersburg 1,865 ( Portsmouth . . 894 ) Radford ' " Richmond rt8 24,513 * Roanoke 1.068 1 Staunton 292 ( Williamsburg Winchester ........ 85,040 00 140 Total 9,699.166 00 88,608] Total, Counties 4,128,520 75 16,236 ' Total, Cities 9,699,166 00 88,608 Grand total 13827,68675 54,844 ( Digitized by Google Document No. 11. Real Estate. Aggregate Personal Property and Real Estate. 1 1^ 1 5 1^ On §1 3g 00 o H^ > CD O 5 53 34 73 21 126 46 19,340 25 77 36 101 10 181 46 b 45 44 62 34 107 78 11,862 75 45 44 62 34 107 78 fl SM 78 587 66 881 84 74.589 97 298 «* 592 63 8i»l 48 ^ 119 57 149 54 269 11 29,511 72 121 97 152 54 274 51 )0 677 52 934 18 1,611 70 280,849 00 92:J 59 1,242 55 2,166 14 lO 106 71 325 24 4.^0 95 29 502 00 117 99 356 86 474 86 T 214 85 531 29 746 14 53,789 07 214 85 581 2M 746 14 U 203 18 478 83 677 01 57,618 26 280 54 540 82 771 86 0 186 76 266 63 453 89 132,875 50 459 28 611 ,S5 1,100 68 5 8 W 12 07 20 61 9.184 75 86 M 54 07 i«i 61 W 4*^8 49 740 00 1,168 49 107.304 20 429 16 740 m 1,370 10 0 19 83 V2 45 42 28 5,471 00 22 16 25 02 47 18 0 1,961 22 3.189 05 5,150 27 654,847 00 2,618 18 4,256 50 6,874 »\8 0 12 00 20 40 82 40 3,000 00 12 00 20 40 82 40 1,850 00 5 40 10 12 15 52 0 * 'l,'46bb5' '2.288 87' ' '8,692 M mm ,914 00 2,426 65 8,080 65 6,607 20 1 1.4«4 76 2,991 89 4,456 15 881,982 21 1,529 22 8,108 62 4,6:12 84 2 679 81 911 61 1,591 42 236,809 72 947 16 1,128 40 2,070 56 A 779 88 2,262 19 2.1M2 07 243,098 m 972 66 2,692 86 3,665 01 0 211 81 4.50 11 661 42 56,083 00 226 30 486 80 712 60 0 369 24 558 12 927 36 115,781 00 462 73 672 61 1,135 84 9 1,797 56 5,7(« 40 7,505 96 459.697 79 1,839 44 6,8-i9 17 7,668 61 0 75 W 118 07 189 04 139,777 00 559 11 777 40 1,836 51 & lUl 88 185 32 287 20 25,469 95 101 88 185 32 287 20 0 10 66 29 57 40 28 9.097 00 36 61 77 90 114 51 & 264 77 458 91 7i3 68 88,170 05 333 66 564 26 897 82 i 310 02 664 00 974 02 86,9-U 14 347 50 743 66 1,091 15 1 1,5^ 04 1,438 12 2,718 16 322.369 01 1,290 66 1,446 60 2,737 26 4 226 m 566 (J7 786 90 72,045 84 288 19 704 71 992 90 1 L356 16 4,069 50 5,425 66 398,286 91 1,586 62 4,685 28 6.271 90 5 1,380 44 2,983 46 4,818 90 349.475 85 1,400 44 2,975 96 4.876 40 0 60 91 116 92 177 83 15,234 00 (M) 91 110 92 177 83 2 4,868 08 12,476 35 16,835 03 1,158,748 82 4,686 50 13,199 06 17.8:J5 56 0 2,779 49 4,999 68 7.779 07 1,M8,829 00 3,987 87 7,285 78 11,278 15 0 143 88 274 06 417 94 35,967 80 143 88 274 06 417 94 B 57,107 86 112,008 15 169,116 01 18,400,840 63 73,844 68 138,678 92 212,028 55 [) 730 06 8,079 71 8,799 77 267,015 00 1,067 86 4,566 56 6,684 42 > 923 11 3,450 ()0 4,878 11 268,705 W 1,074 11 4,016 32 6.090 43 749 78 2,794 39 8,644 17 265,638 (K) 1,067 02 8,78-1 54 4,851 M 3r>6 91 1,182 22 l,5t{9 18 1'22.211 00 488 85 1,619 28 2,1(« 13 5,290 ao 17,892 65 28.182 M6 1.971,291 00 8,710 29 27,076 i»5 35,787 24 153 80 442 17 6lt5 97 64,926 00 259 70 746 64 1,006 34 1,765 14 6 62(1 17 8„385 31 1.2(X),331 00 4,801 09 11,174 10 15,i*75 19 2,120 5H 9.266 25 ll,;i86 83 629,684 00 2,521 19 11,018 64 13,f)39 83 8,107 29 25,321 78 38.429 07 2.:J56.887 IK) 9,4 21> 68 29.454 46 38,884 14 7.267 89 30,878 (X> 38,145 89 2,074,690 (MJ 8,»K) r>5 85,268 93 43,569 48 1^70 58 6,284 0(J 7,854 58 743.735 00 3.486 59 11,899 44 15.3;i5 OS l,im 80 4.790 00 5,8^1 80 1 872,440 00 1,489 76 8,517 76 8,007 52 1,670 69 8.926 75 5,497 44 40i».7flO 00 1,639 m 4,072 43 5,711 52 15,406 (M 58,915 00 69,y21 04 10,3;V2,187 00 39.919 24 144,931 45 lS4,a50 69 7,H6 00 22,342 00 29.488 00 2,053,293 00 8,214 40 25.670 28 83.884 63 290 40 909 61 1.199 91 145 495 00 682 40 1,821 96 2,404 86 14 88 37 20 52 08 3.720 00 14 88 37 SO 62 08 143 60 251 80 894 90 70,940 00 283 76 602 88 786 6-1 W,6ei 85 198,383 10 248,074 45 2S,.^72.898 00 9839 46 324.179 77 417,479 28 67,107 86 112,008 15 169.116 01 18,400,840 63 73,844 63 1.^8,678 92 212,023 55 54,601 85 198,383 10 248,074 46 28,372,898 00 93,299 46 824.179 77 417,479 23 111,799 21 305,891 25 417,190 46 41,778,788 68 166,644 09 463.868 69 629,502 78 Digitized by CjOOQ IC n Digitized by CjOOQ IC Digitize(|byCjOOQlC nr Digitized by VjOOQIC DOCUMENT No. XII. COMMUNICATION FBOM THB itor of Public Accounts SHOWING THB 3N, WHITE AND COLORED, AND THE AGGRE- ^ BOTH, AND THE ASSESSED VALUE OF iND PERSONAL PROPERTY, AND TOTAL UE OF BOTH, IN EACH CITY AND UNTY IN THE STATE IN THE YEARS 1860, 1870, 1880, 1890, AND 1900. Richmond, Aagast 20, 1901. t of the (hmtUiUional Convention : a resolution of the Convention, I have the honor to band yon ment showing the population, white and colored, and the agg^- i the assessed value of property, real and personal, and the total county and city in the State, in the years 1860, 1870, 1880, 1890, Very respectfully, MORTON MARYE, Auditor of Public Accounts, Digitized by Goos 14 Document No. 12. OOUNTIKS. Accomac . . . . Albemarle . . , , Alexandria . . . Alleffhany . . , . Amelia Aznberst Appomattox . . . Augusta . . Bath Bedford Bland Botetourt , . . . Brunswick . . . Buchanan . . . , Buckingham . . Campbell . . . , Caroline . . . . Carroll ...... Charles City . , Charlotte . . . . Chesterfield . . , Clarke , Craig Culpeper . . . . , Cumberland . . , Dickenson . . . Dinwiddle . . . , KUzabethClty . . Essex , Fairfax . . . . , Fauquier . . . , Floyd Fluvanna . . . . Franklin . . . . Frederick . . . , Giles. ...... Gloucester . . , . Goochland . . . Grayson Greene Greenesville . . Halifax Hanover . . . . Henrico Henry Hlffhfand . . . . Isle of Wight , . James City . . . King George . . . King and Queen . King William . . Lancaster . . . . Lee Loudoun Louisa Lunenburg . . . Madison Mathews Mecklenburg . . Middlesex . . . Montgomery . . Nansemond . . . Nelson . . , . . New Kent . . . . Norfolk Digitized by VjOOQIC Document No. 12. 15 COUNTIES. 1.425,799 1,405,518 119,645 592,2^)9 2tty,95fi 866.573 290,092 2.661,753 317.763 925.114 168,006 917.116 4B4,S8S 144,(M5 S84J68 799.816 <531.004 2S4.464 176,280 423,161 620.920 533,711 216.160 608,267 2118.354 120,675 267,885 882,195 870,580 908.581 1.672.884 286.436 241.670 446.926 934,174 327,757 404, 3M 275.380 236,702 187,550 160,448 1,476,3M 690,104 8,676.954 449.936 326.699 677,412 114.ai5 186,539 850,300 611.491 249,586 679^63 8,491,157 612,427 290,708 S49,979 176,601 524,617 208,366 657,267 840,482 894,050 184,712 787.409 4,899.768 5,120.211 1.465,670 2,392,6,723 2,m>2,262 1,106.027 11,833,621 1.105,6/9 4,420,884 666,297 8,558,918 1,768,870 865.9(N) 1,579,888 3,947,0M 2,045,801 871,666 821,684 1,862.946 4,145,8138 2.702.437 899,076 2,927,396 1,102,030 447,439 13»-1,181 2.564.916 1,077,311 4,767,838 7,969,519 1,116.381 973,018 2,158,746 4.11U.6U7 1,5^25,055 1,423,232 1,513,274 818,576 696.229 860,496 4,877,082 2.69:, 955 11,871.952 1,845,717 1.011,551 2,087,182 518,109 696,711 1,098.893 1,786.04*5 870.739 1,791,204 10,749,335 2,488,050 959,21*6 1.886,537 760.987 2,152.034 723 2Vt7 2,988,836 3,420.636 l,842,&i7 568.441 0,710,067 Accomao. Albemarle, Alexandria. AHeghany. Amelia. Amherst. Appomattox. Augusta. Bath. Bedford. Bland. Botetourt, Brunswick. Buchanan. Buckingham. Campbell. < Caroline. Carroll. Charles City. Charlotte. Chestertleld. Clarke. Craig. Culpeper. Cumberland. Dickenson. Dliiwlddie. Elizabeth City. Essex. Fairfax. Fauquier. Floyd. Fluvanna. Franklin. Frederick. Giles. Gloucester. Goochland. Grayson. Greene Greenesvllle. Halifax. Hanover. Henrico. Henry. Highland. Isle of Wight. James City. King George. King and Queeo. King William. Lancaster. Lee. Loudoun. Louisa. Lunenburg, Madison. Mathews. Mecklenburg. Middlesex. Montgomery. Nausemond. Nelson. New Kent. Norfolk. Digitized by Google 16 Document No. 12. COUNT IfiS. Nortliampton , . Northutnoerland Nottoway .... Orange Page Patrick Pittsylvania . . . Powhatan .... Prince Edward . Prince George . . Princess Anne . . Prince William . Pulaski Rappahannock . Richmond .... Roanoke Rockbridge . . . Rockingham . . Ruingell ..... Scott Shenandoah . . . Smyth Southampton . . Spotsylvania . . Stafford Surry Sussex Tazewell Warren Warwick Washington . , . Westmoreland, , Wise ....... Wythe York Total . CITIES. Alexandria Bristol Buena Vista Charlottesville Danville ........... Fredericksburg Lynchburg Manchester Neapolia, or North Danville Newport News Norfolk Petersburg Portsmouth Radford Richmond Roanoke Staunton Williamsburg Winchester Total .... Grand total Digitized by VjOOQ IC Document No. 12. 17 18BQ. 1 00UNTIB8. :i72,7«8 i,r)r)().«B6 Northampton. Northumberland. 313,704 1,152,788 96(1,258 1,167,682 Nottoway. e63,799 2.648.;{90 Orange. ' 48«,600 2,364.180 Page. ' 230,238 1,131,521 Patrick. 881,377 4,893,>S41 Pittsylvania. 107.074 979,340 Powhatan. 533,188 2,365,ri46 Prlnoe Sdward. 249,^6 1,199,129 Prince George. 410.703 1,692. r.69 Princess Anne. 479,875 2,813.168 Prince William. 974,392 3a49,0l8 Pulaski. 1.793,008 8,170,128 258,448 858,816 Kichmond. 1,4^.998 5,130.940 Roanoke. 1,568.097 6,197,144 Rockbridge. 2,326,807 9,220,509 Rockingham. fl01,»44 l,6a^,280 Russell. 679,I«4 1,598.092 Scott. 977,988 4.498,298 Shenandoah. 47f>,977 2,11H,S80 Smyth. • 875,2«7 2,722,788 Southampton. 308.718 1,562,490 Spotsylvania. Stafford. ^11,957 1.112,028 280,4« 1,154,180 Surry. 3»7,eoo l,27(>.yB8 Sussex. 567,986 2,4ftJ.r>88 Tacewell. 888.827 1,770,198 Warren. 154,347 1,881, n08 Warwick. 813,101 8,287. s8S Washington. 259,298 1,174.589 Westmoreland. 441,444 2,325,092 Wise. 951,589 4,156.448 Wythe. 167,576 rs-.-99 York. 02,801,104 860,700,818 Total. CITIES. (n&,646 4.072,286 Alexandria. 163,548 14M8,171 Bristol. Buena Vista. isijooo i,066,lid Gharlottesville. ajm,m 7498,707 Danville. 848,148 1,078,022 Fredericksburg. 3,496,249 890;500 10,484,102 2,708,008 Lynchburg. Manchester. 148,880 1,089,001 Neapolis, or North Danville. Newport News. Norfolk. 2,48i,wd 36,620,416 8,078,800 8,004,404 Petersburg. Portsmouth. 886497 4,472,892 Radford. iM«.»w 62,042,»70 Richmond. 041,742 7,892,020 Roanoke. 1,802,000 8,219.060 Staunton. 146,074 824,049 Williamsburg. 767,407 2,288,509 Winchester. 27,809,288 189,706,487 Total. 90410,487 880,681^)5 Grand total. Digitized by Go^ 18 Document No. 12. i i: 1 4 COUNTIES. Accomac .... Albemarle . . . Alexandria . . Alleghany . . . Amelia .... Amherat .... Appomattox . Augusta .... Batn Bedford .... Bland Botetourt . . . Brunswick . . . Buchanan . . . Buckingham . Campbell . . . Caroline .... Carroll Charles City . . Charlotte . . . Chesterfield . . Clarke Craig Culpeper , , , . Cumberland . . Dickenson . . Dinwiddle . . . Elizabeth City . Essex .... Fairfax .... Fauquier . . . Floyd Fluvanna . . . Franklin .... Frederick . . . Giles Gloucester . . . Goochland . . . Grayson .... Greene ..... QreeneSTllle . . Hallfftx .... Hanover .... Henrico .... Henry ..... Highland . . . Isle of Wight . James City . . . King George . . King and Queen King William . Lancaster . . . Lee Loudoun .... Louisa Lunenburg . . Madison .... Mathews .... Mecklenburg Middlesex . . . Montgomery . Nansemond . , Nelson New Kent . , . Norfolk . , . . Digitized by VjOOQ IC Document No. 12. Id 1900, S C3 so < 1,643,258 1,784.444 162,364 1,059,511 823.887 427,965 307,H66 2»»22,528 38«,6n 981,2!^ 194.983 806,919 489,620 197,139 454.280 1,271,608 463,395 at4,441 2*1,654 547,051 79rl,122 490,842 234,839 1,090,094 204,600 189,148 1,700,034 1.388,4»8 801,554 1,204,059 2,056,600 858,844 240,631 409,517 748,115 872,230 487,602 255,072 275,267 192,(t68 308 684 1,597,158 923.179 2,806,495 440,808 479,073 706,939 109,168 166,882 818,688 399,974 342,997 759,603 8,844,848 296,238 396,008 438,720 167,345 810,498 258,127 668,995 1,088,514 608,390 118,864 1.718,429 ^ o COUNTIES. 5,757,436 5,732,374 2,183,216 4,587,2(V3 1,267,948 1,993,506 1,182,401 11^8,990 1,864.647 4.^7,521 671,304 8,290,418 1,951,425 1,843.358 1,706365 4,025,684 1,992,428 940,934 804,187 1,992,205 4,698,960 2,590,161 911,778 8.416,687 999,457 879,817 8,068,819 4,575,176 1,097,897 5,404,732 8,411,380 1,220,019 914,911 l,8tU,214 3,872 ,<144 1,420,848 1,51H,2»3 1,437,748 929,179 665,712 1,033,351 4,581,519 2.928,981 11,974,141 1,752,328 1 189,526 2,418,5tM 562,488 709,818 1,015,575 1,524,808 1 ,146,045 1,871,504 10.952,826 2,269,210 876,946 1,821,677 786,214 2,418,015 793,408 2,456,018 3,868 ;i91 1,769.931 549,378 12,878,263 Accomac. Albemarle. Alexandria. AlleRhany. Amelia. Amherst. Appomattox. Augaeta. Bath. Bedford. Bland. Botetourt. Brunswick. Buchanan. Buckingham. Campbell. Caroline. Carroll. Charles City. Charlotte. Chesterfield. Clarke. Craig. Culpeper. Cumberland. Dickenson. Dinwiddle. Elizabeth City. Essex. Fairfax. Fauquier. Floyd. Fluvanna. Franklin. FredericK. Giles. Gloucester. Goochland. Grayson. Greene Greenesvllle. Halifax. Hanover. Henrico. Henry. Highland. iBle of Wight. James City. King George. King and Queen. King William. Lancaster. Liee. Loudoun. Louisa. Lunenburg. Madison. Mathews. Mecklenburg. Middlesex. Montgomery, Kausemond. Nelson. New Kent, Norfolk, Digitized by Google _LiJ2i 20 Document No. 12. COUNTIES. Northampton . . Northumberland Nottoway .... Orange l*a* 4,186,592 Pittsylvania. 802;867 262,466 1,125,312 Powhatan. 13084^7 641,090 2,447.637 Prince Kdward. 918.1fiS 299,649 1,217342 Prince George. 1.479,001 875.234 1,854,235 Princess Anne. 24«l,059 W7.636 2,843,695 Prince William. 2,329.750 936,»02 .^266,052 Pulaski. l,17e,ft48 619,651 1,699,499 Rappahannock. 635.4C6 230,411 865,876 Richmond. 2347,010 1,066,988 8,903,993 Roanoke. 8,747.71*2 1,301,859 6,049,651 Rockbridge. 7,595,768 2,559,568 10,155.&'J6 Rockingham. 1.113.94e 707,818 1.821,764 Russell. »80,»52 608,900 1,439,852 Scott. 8,»22,120 1,074,821 4,696,441 Shenandoah. 1,881.882 526,903 2,888,735 Smyth. 2,041,568 1,817,884 8,359,437 Southampton. • 1,190,404 821348 1,512,252 Spotsylvania. 765,478 281,839 1,047,312 Stafford. 934 38« 858,122 1,287,468 Surry, 1.0«8,678 422,526 1,511,204 Sussex. 1.9S1.«H}5 779,803 2,760,998 Tazewell. 1,291.038 831,094 1,622,727 Warren. 6.500,174 177,642 5.767,816 Warwick. 3,458,862 881,420 S.;kE86,272 Washington. 993,248 X49.702 1,243,945 Westmoreland. 2.817,397 532,570 2349,967 Wise. 2,969.650 1,424,864 4,804,514 Wythe, 616.642 147.773 664,415 York. !03,579,271 70.100.891 278,679,662 Total. CITIES. 3,810,980 1,099310 4,9-19,240 Alexandria. 1,298,425 148,609 1,446,934 Bristol. 521,242 107373 628,615 Buena Vista. 1,947.175 677.8-15 2,624.520 CharlottebvlUe. C»2O9,200 2,827,678 8,586.778 Danville. 1,419,223 497,892 1,917.115 Fredericksburg. 7,137.858 4,117,285 11,255,088 Lynchburg. 3,618,1 >26 830,031 2,948,057 Manchester. Neapolis, or North Danville. 9.07S321 624,716 10,303,537 Newport News. Norfolk. 38,715,756 3,609,400 27,325,155 6,'i97,925 2,756.410 9,05-1 336 Petersburg. ft. 327,825 909,545 6,237,370 Portsmouth. 1,262,890 2tf>,187 1,468,077 Radford. 40.929,512 16,997,180 67,926,692 Richmond. 4,»19,5S1 877,466 6,79ri,997 Roanoke. 2.212,760 927362 3,140,622 Staunton. :S0,447 142,487 422,934 Williamsburg. 1,712,480 723,380 2,435,810 Winchester. 21,338,970 86,978,906 168317,876 Total. 54,018,341 107,079,297 481,997,588 Grand total. Digitized by Google Digitized by VjOOQ IC ^ft zed by VJiOOJ Digitized by 3 Digitized by Google DOCUMENT No. XIII. COMMUNICATION FROM THE ^cretary of the Convention, IN RELATION TO mT OF MAYORS OF CITIES AND TOWNS WITH A POPULATION OF MORE THAN 500. Richmond, Va., September 10> 1901. Ckmvenlion : I Convention, by resolation, directed me to obtain from the mayors of all as and cities in the Commonwealth with a population of more than 500 n by table 5 of Census Bulletin No. 51, and request them to furnish the ig information : it. The percentage or amount of indebtedness allowed by their charters. >nd. The amount of their floating and bonded indebtedness, rd. Their rate of municipal taxation. responses have been tabulated and are heremith transmitted. Bespectfully, JOS. BUTTON, Secretary. ( Digitized by Google Document No. 13. TOWNS. Abingdon . . . . AshUnd Barton Heights . BasioCltT. . . . Bedford City . . Berkley . . . . Beriyvllle . . . . Big Stone Gap . Blaoksbnrg . . . Blackstone . . . Boydton . . . Baohanan . . . . Barkeville . . . Gape Oharles . . Chase City . . . Chatham . . . . Chrlstiansbnrg Claremont . . . Clarkesvllle . . . Clifton Forge . . Covington . . . Crewe Calpeper . . . . Bdinbnrg . . . . Emporia . . . Falls Chnrch . . Farmyllie . . . Flnoastle . . . . Franklin . . . . Front Royal . . GateCitry . . . . Gladevllie . . . Gordonsyllle . . Graham Hampton . . . . Harrisonburg . . Herndon . . . . Houston . . . . Lawrenceyllle . Leesbnrg . . . . Lexington . . . Laray Manassas . . . . Marlon MartinsTllle . . New Market . . . Northslde . . . Norton Oaancook . . Orange Phoebus Pocahontas . . . Pulaski . . . . Rocky Mount . . Salem Saltville . . . . SoottSYllle . . . Shenandoah . . Smlthfleld . . . South Boston . . Strasburg . . . . Suffolk T . . . . Tappahannock . Tazewell . . . . Vinton Percentage or A Allowed b No mention .... Limit, IL2K on flOOj S 15,000 00 Noproyislon . . . Noproyislon . . . 9160,000 00 Not limited by Cha 16 per cent, valuati Noproyislon . . . No limit 97,000.00— Special Ai Noproyislon . . . 10 per cent, yaluati I 10,:281 60 00 per cent, yaluati Noproyislon . . . None, unless arden 10 per cent 9 10,000 00 None, except by tw NoUmit Noproyislon . . . No proyision 9 20,000 00 Noproyislon . . . No provision . . . Limit, IS per cent. Noproyislon . . . Noproyislon . . . Noproyislon . . . Not mentioned . . No limit 15 per cent, assesses 20 per cent, of assei 91^00-8peclal A* Noproyislon . . . I 6,000 00 9 16.000 00 Noproyislon . . . 8 per cent M6.C00.00-Speclal i Same as Code. . . 6 per cent No mention .... 10 per cent I 70,000 00 Requires two-thir^ ^^ 9 00,000 00 Noproyislon . . . 96.000.0a-Speolal A 82 per cent. . . . . Digitized by CjOOQ IC Document No. 13. r OF Theik Floating ►ED I?fI>EBTBI>NES8, Their Kate of MuMicipal Taxation. 38,000 00 12,800 00 17,000 00 142,292 82 150,000 00 25,000 00 0,500 00 2,000 00 10,000 00 10,281 50 85,000 00 70,000 00 41AJ0 00 76,000 00 5,000 00 12,000 00 53,000 00 117,000 00 85,000 00 84,000 00 1,900 00 9,000 00 92,000 00 1,000 00 10,490 00 2,900 00 6,000 00 8.000 00 21,500 00 53,900 00 11,874 00 10,500 00 21,500 00 58,900 00 75.750 00 80,000 00 400 00 80,750 00 bfiOOW 5,000 00 $1.00 per $100.00 . . 80 cents on $100.00 70 cents per $100.00 75 cents on $100.00 $1.00 per $100.00 . . 90 cents on $100.00 $1,25 per $100.00 20 cents on $100.00 10 cents per $100.00 15 cents per $100.00 70 cents on $100.00 25 cents per $100.00 50 cents per $100.00 30cents3on $100.00 50 cents on $100,00 $1.25 per $100.00 . . 60 cents per $100.00 43 cents on $100.00 75 cents per $100.00 26 cents per $100.00 70 cents per $100.00 75 cents on $100.00 50 cents per $100.00 50 cents on $100.00 95 cents on $100.00 , . . $1.00 per $100.00 . . . 64 cents per $1(K).00 . . . $1.25 per $100.00 . . - . . 80 cents per $100.00 . . 20 cents lor each $100.00 . 90 cents per $100.00 $1.10 per $100 00 . . 85 cents per $100.00 90 cents on $100.00 50 cents per $100.00 15 cents per $100.00 40 cents per $100.00 35aentson $100.00 40 cents per $100.00 70 cents on $100.00 $1.00 on $100.00 . . 60 cents per $100.00 7% cents on $100.00 75 cents on $100.00 25 cents per $100.00 85 cents per $100.00 60 cents per $100.00 . . . 35 cents per $100.00 . . . $1.07 per $100.00 One-flfth of 1 per cent . 70 cents on $100.00 . . . 25 cents on $100.00 . . . TOWNS. Abingdon. Ashland. Barton Heights. Basic City. Bedford City. Berkley. Berryvllle. Big Stone Gap. Blacksburg. Blackstone. Boydton. Buchanan. Burkevllle. Cape Charles. Chase City. Chatham. Christiansburg. Glaremont. Clarkesvllle. Clifton Forge. Covington. Crewe. Culpeper. Kdinburg. Emporia. Falls Church. Farmville. Fincastle. Franklin. Front Royal. Gate City. Gladevllle. Gordonsvllle. Graham. Hampton. Harrisonburg. Herndon. Houston. Lawrenceville. Jjeesbn rg. Lexington. Luray, Manassas. Marion. Martinsville. New Market. Northside. Norton. Onancock. Orange. Phoebus. Pocahontas. Pulaski. Rocky Mount. Salem. Saltville. ScottsvlUe. Shenandoah. Smlthfield. South Boston. Strasburg. Suffolk. Tappahannock. Tazewell. Vinton. Digitized by GoogT Document No. 13. TOWNS. Percentage or Ai Allowed b, Warrenton . Waynesboro West Point ....... Woodstock Wytheville Bowling Green CITIES. Alexandria Bristol Buena Vista ....... Charlottesville ...... Danville Fredericksburg Lynchburg Manchester Norfolk Petersburg ........ Portsmouth Radford Richmond Roanoke Staunton Williamsburg Winchester Newport News ...... Special Act . 10 per cent. . No provision 10 per cent. . 14 per cent. . No provision Prescribed by Code 16 per cent 10 per cent 12X per cent. . . . I1.210JXK) 00 No provision . . . 16 per cent on valm 20 per cent 20 percent 22 per cent 17* of real estate, 15 16 per cent 18 per cent. . , . . 10 per cent 17 per cent, real est Charter silent . . Uncertain No limit mr Digitized by Google Document No. 13. TNT OF Thkir Floating NDED Indebtedness. Their Rate of Municipal Taxation. 1 3 TOWNS. 27,000 00 12,000 00 27,000 00 12,000 00 40 cents per SlOO.OO 60 cents per $100.00 TOcentson IKKhOo 40 cents per $100.00 $1.50 per $100.00 80 cents per $100.00 . . . . . $1.90 per $100.00 $1.50 per $100.00 $1,50 per $100.00 $l.l2h per $100.00 $1.37 per $1W).00 $1.15 per $100.00 $1.50 per $100.00 $1.75 per $100.00 $1.70 per $1W>.00 $1.60 per $1(K).00 $1.75 per $100.00 $1.25 East Ward and 90 cents West Ward on $100.00 . . . $1.60 per $100.00 $1.25 per $100.00 $1.2r, per $100.00 $1.00 on $HX>.00 ....... 70 cents per $100.00 $1.25 per $100.00 Warrenton. Waynesboro. West Point. Woodstock. Wytheville. Bowling Green. 25.000 00 86.000 00 25.000 00 88,(J00 00 1315,231 60 1.846,088 82 82,800 00 288,OO(J00 1,178,500 00 229,420 00 1.836.000 00 83J>,200 00 61,500 00 7,227,882 60 812,000 00 790,000 00 180,iXK» 00 88,212 77 288.000 00 1,178,500 00 229,420 m 1.407,788 98 602,816 18 4,490,600 00 1.8,^,000 00 1.089,200 00 61,500 00 7.227,382 60 8i2,f*00 00 563,000 00 CITIES. Alexandria. Bristol. Buena Vista. Charlottesville Danville. Fredericksburg Lynchburg. Manchester. Norfolk. Petersburg. Portsmouth, Radford. Richmond. Roanoke. Staunton. Williamsburg. Winchester. Newport News, 126,000 00 485,000 00 126,000 00 542,000 00 n,6O0,003 36 20,862,415 68 Digitized by Google Digitized by CjOOQ IC hi Digitized by V^j005 Digitized by CjOOQ IC DOCUMENT No. XIV. COMMUNICATION FBOM THB IntendeDt of Pule Instruction, SHOWING THX COST OF THE WHITE AND THE COLORED PUB- LIC SCHOOLS FOR THE SCHOOL YEAR ENDING JULY 31, 1901. Richmond, Va., September 12, 1901. r Goods, eddent of the Constitutional Convention, Richmond, Va. : pliance with a lesolation adopted by the Gonstitational Convention, the Department of Public Instraction to fumiBh that body with the f the white and the colored pablic schools for the school year ending )1, 1 have the honor to report I have received carefully-compiled re- all the counties and cities of the Commonwealth, except the city of and the counties of Alexandria and Warwick. From the figures fur- the counties and cities that have sent in reports, I am able to submit lorable body the following statement ; Digitized by Google 2 Document No. 14. Total cost of white schools for the year ending July 3 eluding Alexandria county, Petersburg, and Warwi Estimated for Alexandria county, Petersburg, and Wai Total cost of white schools Total coat of colored schools thus for reported .... Estimated for Alexandria county, Petersburg, and Wai Total cost of colored schools ...... Total cost of white and colored public schools .... The foregoing estimate does not include the salar superintendents, nor the expenses of the Department o I am, with great respect, J Superinten .ti Digitized by Google 1^1 Digitized by Goos Digitized by VjOOQ IC DOCUMENT No. XV. RKPORT lerks of Courts, IN RMAXD TO » ' OF JURIES, INCIDENTAL COURT EXPENSES, Ac, OF COUNTY, CIRCUIT, AND CITY COURTS. r DigitizI by Google Document No. 15. 7 STATEMENT. OOUKT1B3. Accomac Albem&rle . Alexandria Alleghany Amelia Amherst Appomattox Augusta Bath Bedford Bland Botetourt Brunswick Buchanan Buckingham Campbell Caroline . . . Carroll Charles City Charlotte Chesterfield ... Clarke Craig Culpeper . . . Cumberland Dickenson .... Dinwiddle BUzabeth City Essex Fairfax . Fauquier Floyd Fluvanna Franklin Frederick Giles Gloucester Goochland Grayson Greene Greenesville Halifax Hanover Henrico Henry Highland Isle of Wight James City and Williamsburg , King George King and Queen King William Lancaster Lee Loudoun Louisa Lunenburg Madison Mathews Mecklenburg Middlesex Montgomery Xansemond . Kelson New Kent Norfolk ^ Digitized by Google Document No 15. • Incidental Court Ex- penses Paid out of County Cost of Juries Cost of Juries and City - for Trial of for Trial of Levies, Such • COUKTIKS. Civil Cases in Civil Cases In as Allowances County Court. Circuit Court. to Sheriffs (Exclusive of Annual Sal- aries), Jani- tors, Etc. ipton 1 19 08 1 86 24 68 76 38 24 1 90 26 iberland 48 60 y 68 20 18 00 217 60 69 96 57 00 39 16 87 72 20 86 184 04 10 00 210 00 inla 126 00 n . 27 76 7 00 55 04 126 12 31 00 dward 37 50 eGTSC • . . • > 64 40 Anne 51 84 68 00 106 76 20 82 28 74 59 50 243 36 78 48 20 00 t'iljlam ,.,..... 32 40 120 00 nnock . 80 00 Id 48 24 26 80 125 24 391 00 188 00 Ige 100 00 aam * 127 86 827 06 524 76 580 84 337 00 34*0 W 91 84 48 55 430 00 18 00 350 00 oah . 519 09 64 79 75 16 629 94 210 00 LptOQ 60 00 anla ... 20 00 12 00 40 62 31 1ft 80 80 96 92 28 00 192 78 160 69 21 60 452 06 161 86 81 12 67 00 [ 685 15 'ton 101 64 152 04 221 57 78 56 57 70 404 28 89 84 471 2« 515 24 121 58 378 97 eland 195 00 78 62 A\S 17,064 70 116,491 50 $11,082 80 CITIES. Corporation Courts. Circuit Courts. Incidental Expenses. ria . . . , S 22 50 335 00 140 00 37 50 322 50 ■24 00 197 50 51 48 948 CO 67 50 118 00 80 00 1 287 00 54 00 7 00 419 86 900 322 50 200 86 $544 80 50 00 Bta 174 96 »8ville . . . 80 00 csburg rg - • ■ • ter 178 86 149 80 46 00 12 00 1,428 60 176 00 ■ ' '227 60 24 50 rtr 589 89 iSi :::.:..::::. . d* ' * 1 !!!!'*!' i '* . 100 47 525 00 291 OO' 48 60 44 73 516 00 1,594 52 187 15 19 00 News 148 50 fclS S3. 191 79 18,284 52 $4,167 68 columns where no figures appear, except Dickenson county, which made no report s clerks reported •'nothing." Digitized by Google Digitized by Google DOCUMENT No. XVI. COMMUNICATION PROM THE scretary of the Convention, IN RELATION TO 3RTS OF TREASURERS OF COUNTIES, CITIES, AND NCORPORATED TOWNS, GIVING THE AMOUNT OF REVENUE COLLECTlED FOR LOCAL PURPOSES. Richmond, Va., February i, le Convention, "by resolution adopted November 26, 1901, directed me iin from the treasurers of counties, cities, and incorporated towns, lount of revenue collected for local purx>ose8. te responses have been tabulated, and are herewith transmitted. Respectfully, JOS. BUTTON, Secretary. Digitize|by VjOOQIC Document No. 16. 1 0 o 0 Q .•I! '. II "2 s an :gs^ssss^?s:s:ss;;is^ssss^gs Hi ►^3 00 o o ill H H 11 §§ CI 09 gs ii ills 11 9 . . .£* .-o O «>iS I Digitized by Google Document No. 16. S " S S 3 S S p? 3 M -r I'* cs us 1-H o» lO X ^ (C ^ cj go so o ec IS i^ M e lO « (sToo CI c^Qo oi «"t^co os'co i-Toj .o aTio lo o -^jT :iiil§ :s3 iiiiii s : ^CS 30 OO O^ ;^^^ oo«e« :ii :2s si 8SS 3iS .So C4 1-1 8^ 0} d -. V ^ n o «> « 5 55= -c. . tr ^ M J 5 d Of, wS 4J £ o ■ c K3i4»i^ h! ^ s S a^ ^ S iz; ^; ^ z;^ ;zi 2 o A* Oi Phi piO^&^c^ oi p4 tf tip; pci Mpj cQ Cd|S-<5 Ic-g «^Ja . Digitized by VjOOQ IC ^ Document No. 16. I O O o o o Q Real and Per- sonal Prop- erty, Exclu- sive of that Covered by I tema 5 and 6. .PI :il B ^ Si' if ^ o 1 1 ill -mM is : :|l R 3 Si OaplUl Invested In Business. IMS : :s?g^ s ; : : : . s: : : : : : § 2 i Bank Stoek. S8 ; : ; : ;§s it : : : : :g5 : . : :s ; § ; ; : :^ : § ! ! ! ! ' •• s i 00 Hi o s :2 : ;s : :i :i : :l : •8s : : ; ; s m : : : : s 8? IOC Si 8S OQ . 1 S ^ :§5 ■ • • : 1 "1- • ■ ■ • -.0 ' ' ' ' •gg::: . ^Is : : : 1 CO H H : 3 ; M Digitized by Google Document No. 16. -r OS « i- —t ?iato 888a ssss 3 :s SS fSSS S 8 ^S^S§ ?§gS8:ggf2S 888 SB Si 8S8SS 588!^S 888 S8 888 8S8S8 SSSSS •^9 iSob 88 Digitized by Google Document No. 16. Q M H O O i o o o §■ Real and Per- sonal Prop- erty, Kxclu- Biye of that OoTered by Items SandO. 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I'M i ! ! ! ! ! Digitized by C Google Document No. 16. *« 1 1 4* II. "2. H M H O. O i o !zi o o Q OQ S 1^- 36^ So S8SSSS gg!g|8| S8 g o o S8S sss I 5 H •o i 5 . i! fl i go g 5 55 • a |§2 I eg o 5 9 0 a fl fl •^ ^ ^ 5- S 15 25 a S g a p5 2 « « 4 lO o 'd Digitized by Google DOCUMENT No. XVII. COMMUNICATION FROM THB Auditor of Public Accounts, IN RELATION TO BE NUMBER OF COLORED MALE PERSONS IN EACH COUNTY AND CITY IN THE STATE ASSESSED IN 1901, WITH TAXES ON PROPERTY OF THE VALUE OF $100, WHETHER PERSONAL OR REAL, OR BOTH COMBINED. Richmond, Va., February ii, 1902, 05. John Goods, Presidmt of the ConslUuLional ConverUion : Sir: In obedience to a resolation of the Convention, I have the honor hand yon herewith a statement showing the number of colored male freons in each county and city of the State assessed in 1901, with taxes on operty of the value of one hundred dollars, whether real, personal, or ith combined. Very respectfully, MORTON MARYE, Auditor Public AccounfK /Google Digitized by ^ Document No. 17. STATEMENT Showing the number of Colored Male Persons in each County and City in the State c sessed in 1901, vnth Uixes on property of the value of f 100. 00^ whether real^ penou or both combined^ prepared by Morton Marye, Auditor Public Accounts^ m oba ence to a resolution of the Convention, approved January SO, 190t. COUNTIKS. NUBbQ Accom&o Albemarle ... 3 Alexandria Alleghany *. ' * Amelia Amherst - Appomattox Au^^usta Bath " . . Bedford Bland • . . Botetourt Brunswick . . Buchanan Buckingham . . Oampbell . . Caroline Carroll CharleaClty . . . . Charlotte . , Ghesterfleld \ Clarke \ ' Craig Oulpeper Cunib*»rland ... Dickenson Dinwiddle Kllzabeth City .....'. WB E.ssex • ' ■ Fairfax .' . .'..'" Fauquier \ Floyd Fluvanna Fianklln ... Frederick Giles ..... . . ." * Gloucester Goochland . . . . Grayson Gre<»ne GreenegvlUe Halifax . Hanover Henrico \ \ ' Henry • • Hiifhiand .'..*** Isle of Wiffht . . James City . 1 J Kinp Georjre . . ! KinK pnd Queen King William. .... . . . . . Lancaster . . . . . . Lee . ■ ; * Loudoun Louisa '. '. \ ' Lunenburg .... Madison . . fi Mathews . ...*!.'" MeeklenbUTK II 44 Middlesex \ '. ' ' :fl Digitized by Google Document No. 16. STATEMENT— Continued. 3 OOUNTIBS. Number. nd . . '. ". ' " * '. * * *. * *. ' '. .'.'.'.'.]'.'.'.['.',',[ ] 147 707 m 268 81tt 881 408 84 25 84S 814 650 880 m 308 144 77 223 180 208 161 18 8 t '...'.]'..[.['.]'.[[ oerlaiid ..['.'.'.[ r nim W WWW ..'.['.', W '.' ['.W [.'''''' '^ a Iward ?orge ^ Anne illiam nnock .'!*.. .'.*.''"'!* d ...... g« lam . . .... >ah !;..::; ■::;;:;:*; ; ; ; ; ; 27 pton .!!!.,*!!'!!!!*'!. *!!!!!!! J !!!!!!] ; 44 678 kDla . . . 885 116 304 418 108 40 204 93 x>n . jUnd 286 18 20 278 CITIES. Im .... 2fl7 48 (ta 8 165 843 evllle . ' * sburg 86 ff 400 er . . 173 fews m 102 K tn 766 149 9 I ! . . . , 802 266 100 U Tg • . . * • • 03 r ..•*..,. 86 81,976 Digitized by Google Digitized by Google DOCUMENT No. XVIII. COMMUNICATION FROM THE .uditor of Public Accounts, SHOWINO THE BER OF NAMES ON THE PENSION ROLLS BY BOUNTIES AND CITIES, THE NUMBER BY COUN- lES AND CITIES PLACED ON THE ROLLS BY IPECIAL ACTS, AND THE AMOUNT IN PENSIONS )ISTRIBUTED IN EACH COUNTY AND CITY DUR- NG THE FISCAL YEAR ENDING SEPTEMBER 30, 902. Richmond, Va., February IS, 190S, roHN Goods, President of the ConsOtiUional Ccnrention : R Sir : I have the honor to hand yon herewith a statement showing imber of names on the pension rolls by connties and cities, the nnm- ' counties and cities placed on the rolls by special acts, and the amount sions distributed In each county and city during the fiscal year end- pt ember 30, 1902, which statement was prepared in obedience to a tion of the Convention, agreed to on January 22, 1902. Very respectfully, MORTON MARYE, Auditor Public Accounts. f Digitized b| VjjOOQIC Document No. 18, STATEMENT Shovnng the number of names on the Pension Rolh by Couniie, Omnties and Cities placed on the rolls by Special Acts, ai dislribuUd in each County and City during the fiscal \ 1901, prepared by the Auditor of Public AccounU in obet Constiiutiorud Convention, agreed to January 22, I90t. ACT or 1888 COUNTIES. 1^ «^1 PCs: Acoomac 1 17 1 1 "1 2 38 1 7 1 « 2 « 7 8 17 2 ■ ' *2 4 1 4 1 44* 1 12 12 A Albemarle Alexandria ... .... Alleghany Amelia Amherst . . Appomattox 48 1 1.4 23 I s Augusta ... Bath 70 j 8,4 Bedford Bland Botetourt .... Brunswick Buchanan Buckingham Campbell 164 Id 27 3(1 i, 40 81 01 2 05 89 8 2(> 5,1 4 1.0 1,1 2 9 1.5 1.1 2,11 2,1 1,0 2 Caroline Carroll Charles City Charlotte Chesterfield Clarke Craig Culpeper Cumberland Dickenson .... ... ... Dinwiddle Elizabeth City 43 1.1 18 5 ii ■ Essex 35 ! fi Fairfax 2 6 4 « 17 4 8 18 fl 4 18 8 15 1 * *2 4 8 4 2 2 11 U 41 71 28 »5 19 40 24 29 3rt 12 10 68 44 20 M 12 17 2 16 15 10 1 28 9 44 56 M ;i Fauquier Floyd Fluvanna Franklin 10 2.1 9 8 5 Frederick Giles Gloucester Goochland Grayson ... Gr*»ene . . Greenesvllle 0 1,3 8 1 1,8 4 2 Halifax 8.1 Hanover . . 1.0 Henrico Henry Highland Isle of Wight fi 2.2 4 James City King George King and Queen 1 r 4 KtngWllliam Lancaster Lee . G Loudoun 4 Louisa Lunenburg IJ Madison 1 Digitized by CjOOQ IC Document No. 18. STATEMENT— Continued. COUNTIES. Act op 1888. .r^i ACT OK 1900. 5 S3 >W8 . . . . enburg . . esex . . . . [omery . . . mond . . . 1 Lent . . . . k . . . ampton iimberUnd . ray . . . . k . . . . . IvanU . . itan . . ! Edward i George . ma Anne . s WUliam rl bannock . kond . . ke . . . ridge. . . Qgham . . [1 odoab Imp ton ivanla Pd . - . ell Ick . . . ngton loreland CITIBS. adMa . . . 1 Viota . . >tt«SYlUe He . . . . -icksburg bnrg . . . iest**r . . ►rt News . X burg . . . loulb . . rd ond . . ke . . . . on ... . msbnrg eater . . . 13 otals . 407 3 46 10 36 H 4& 6 11 2 8 17 24 9 85 168 7 16 2 7 17 48 IH 18 47 84 S9 17 8& 60 SS 7 20 84 8 6 17 16 2 BO 12 26 82 5 3,011 I 190 00 1.400 00 875 Wi 1,480 00 545 00 1,406 00 170 00 845 00 50 UO 295 00 380 00 670 00 255 00 3 045 00 5,065 00 240 00 466 50 65 00 570 00 205 00 1,820 00 320 CO 300 00 U^15 00 1,836 00 1.240 00 270 0(» 1.016 00 1,726 00 1,225 00 280 00 766 50 905 00 110 00 260 00 400 00 535 00 45 00 1,810 00 240 00 800 00 990 00 150 00 80 OO 140 00 50 00 15 00 370 00 250 00 825 00 605 00 440 00 710 00 160 00 135 00 2,470 00 610 00 240 00 80 00 240 00 $98,722 50 86 140 18 64 35 140 84 19 2 24 84 61 24 206 502 67 68 28 42 64 46 83 162 168 50 176 173 91 31 71 76 8 53 129 113 46 82 6P 23 27 14 31 109 14 59 55 18 48 135 9 18 352 78 17 2 5 9,!^63 I 182 00 4^00 80 00 190 00 131 00 444 75 108 00 57 00 12 00 U 00 310 00 120 00 44 00 691 76 1,728 75 143 00 132 00 no 00 156 00 248 26 102 00 280 76 116 W 288 00 541 ©0 718 00 562 75 643 (K) 275 00 74 00 293 00 319 00 82 00 80 00 417 00 28 00 16 00 389 00 99 00 232 00 138 00 40 00 26 00 m 00 63 00 126 00 434 00 77 00 245 m 257 00 48 00 206 00 594 25 44 00 67 00 1.417 00 281 00 68 00 10 00 24 00 $81,880 60 Digitized by Google Digitized by Google ALLO\V^ANCK TO JURORS F>A.YABI^E BY "HE COMMONWEAI/TH, Year Knding September 30, 1900. Digitizewby Google Digitized by Google COUNTIES. Amount. 3ao . . . larle . . . ndria . . lany . . a rst . . . . natcpx . . }ia . rd 5iirt . . wick . man . . ngbam bell . . Ine II. . . . PS City otie . . erfield - per erland . . ason . ■ ddie . . «th City . tier nna lin rick ?ster . land on . . e . - . eSTllle X . JO . md Wlj^hl City— See Wllliamflburg leorjfe n<1 Queen V'llliam »ter burg . »n ws . . . tnbnrK amery nond ent . . t . - 824 146 281 555 L,075 24 714 469 289 187 426 609 esa 820 723 100 631 76 188 849 408 867 152 186 898 106 1,272 103 2t»8 807 261 41 1,581 74 48-1 252 104 1^53 86 294 598 229 896 7m 66 878 * 195 15o m 852 784 222 472 168 86 650 322 88o 97© 161 224 246 U824 Ga Digitized by V^OOQ IC 1 00UNTIK8. Northampton . . Northumberland Nottoway .... Orange ...... Page ...... Patrick ..... Pittsylvania Powhatan . . Prince Kdwaid . Prince (xeorge . . Princess Anne . . Prince William Pulaski .... Rappahannock . Richmond . . Roanoke . . . . Rockbridge . . . Rockingham . . Russell . . . . . Scott . . . Shenandoah . Smyth Southampton . . Spotsylvania Stafford Surry Sussex Tazewell . . . . Warren Warwick Washington . . Westmoreland Wine Wythe York Total , CITIBS. Alexandria ... Bristol . . . Buena V^ista .... Charlottesville . . .... . . . Danville Fredericksburg ..... Lynchburg . . . Manchester Newport News ... Norfolk Petersburg . . . . Portsmouth Radford ... . . . . Richmond .... Roanoke Staunton Williamsburg and James City county Winchester Total . Total for counties . Total for cities . . Grand total Digitized by Googl MINORITY REPORT THE COMMITTEE ON THE LEGISLATIVE DEPART- MENT. he President and Members of the Constitutional Convention : he undersigned, members of the Committee on the Legisla- Departmeut, beg leave to report that they are unable to 30 with the report of that committee, so far as it provides \$ section 17, Article V, of the present Constitution shall re- n as it now stands as section 21, Article V, of the new Con- ition. This provision reads as follows : Sec. 17. The General Assembly shall not grant a charter ncorporation to any church or religious denomination, but r secure the title to church property to an extent to be lim- by law/' 1 our opinion this provision should be omitted entirely from new Constitution, and thus leave it to the discretion of the islature to deal with religious organizations in the same mer that it deals with all other organizations, r would take too much time to here enter into the various ons which have led us to differ with the majority of the mittee on this point, we only desire here to report that we sr from them, and ask that this report be considered by Convention when this question shall come under dis- ion. WM. GORDON ROBERTSON, N. B. WESCOTT, ROBERT W. BLAIR. ( Digitizfed by Goo^z Digitized by Google REPORT THE COMMITTEE ON PREAMBLE AND BILL OF RIGHTS, AS AMENDED IN THE COMMIT- TEE OF THE WHOLE. ARTICLE I. BILL OP RIOHTS. eelaration of Rights, made by the representatives of the good ople of Virgi7iia, assembled in full and free Convention y which jhts do pertain to them and their posterity ^ (W ths basis and undation of government, 1. That all men are by nature equally free and independ- ent, and have certain inherent rights, of which, when they inter into a state of society, they cannot, by any compact, leprive or divest their posterity, namely : the enjoyment of ife and liberty, with the means of acquiring and possess- ng property, and pursuing and obtaining happiness and lafety. 2. That all power is vested in, and consequently derived rom, the people ; that magistrates are their trustees and ;ervant3, and at all times amenable to them. 3. That government is, or ought to be, instituted for the jommon benefit, protection and security, of the people, na- ion or community ; of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effect- lally secured against the danger of maladmistration ; and hat, when any government shall be found inadequate or contrary to these purposes, a majority of the community lath an indubitable, inalienable, and indefeasible right to eform, alter or abolish it, in such manner as shall be judged Qost conducive to the public weal. 4. That no man, or set of men, are entitled to exclusive •r separate emoluments or privileges from the community, ►ut in consideration of public services, which, not being de- cendible, neither ought the oflSces of magistrate, legislator r judge to be hereditary. i DiMized by Google COMMITTBB REPORTS. 5. That the legislative, executive a 2 ments of the State should be separate is that the members thereof may be restraii 4 by feeling and participating the burtheni 5 should, at fixed periods, be reduced to f 6 turn into that body from which they wc 7 and the vacancies be supplied by regulai 8 all or any part of the former members 9 ble, or ineligible, as the laws may direct 6. That all elections ought to be free 2 having sufficient evidence of permanem 3 with, and attachments to, the communit 4 suffrage, and cannot be taxed, or depri 5 in, their property, for public uses, wit! 6 sent, or that of their representatives so 7 by any law to which they have not, in lit 8 for the public good. 7. That all power of suspending la\ 2 of laws, by any authority, without cons 3 tatives of the people, is injurious to the 4 not to be exercised. 8. That in all capital or criminal i 2 hath a right to demand the cause and n\ 3 tion, to be confronted with the accusers 4 call for evidence in his favor, and to t 5 impartial jury of his vicinage, without wl 6 sent he cannot be found guilty ; nor 7 twice put in jeopardy for the same offei 8 appeal may be allowed to the Commo 9 for the violation of a law relating to the 10 can he be compelled to give evidence ag 11 no man be deprived of his life or libert} 12 of the land, or the judgment of his peei 13 But in any criminal case, upon a plej 14 in person by the accused, and with the < 15 ney for the Commonwealth entered o 16 shall, and, in prosecutions for a misdei 17 of not guilty, with the consent of the 18 torney for the Commonwealth entered < 19 may, in its discretion, hear and determi 20 the intervention of a jury ; and the Gen 21 by law provide for the trial, by a justice 22 out a jury, of persons accused of cri 23 punishable by death or confinement in tl 24 in all such cases the General Assemblj 25 right of the accused to an appeal and 26 appellate court. Digitized by CjOOQ IC COMMITTEE REPORTS. 3 The General Assembly may provide by law for juries msisting of less than twelve men for the trial of persons xused of criminal offences not punishable by death or con- Qement in the penitentiary, and may classify such cases nd prescribe the number of jurors for each class of pases : rovided, that no such jury shall consist of less than five ten. 9. That excessive bail ought not to be required, nor ex- jssive fines imposed, nor cruel and unusual punishments iflicted. 10. That general warrants, whereby an officer or messen- 3r may be commanded to search suspected places without ndence of a fact committed, or to seize any person or per- )ns not named, or whose offence is not particularly described ad supported by evidence are grievous and oppressive and ight not to be granted. 11. That in controversies respecting property, and in lits between man and man, a trial by jury is preferable to ly other, and ought to be held sacred ; and no person shall 3 deprived of his property without due process of law ; at the General Assembly may, by law, in such cases, pre- iribe any number less than twelve, but not less than seven, I constitute a jury. 12. That the freedom of the press is one of the great ilwarks of liberty, and can never be restrained but by des- >tic governments. 13. That a well regulated militia, composed of the body ' the people, trained to arms, is the proper, natural and ite defence of a free State ; that standing armies, in time ■ peace, should be avoided as dangerous to liberty ; and lat in all cases the military should be under strict subordi- ation to, and governed by, the civil power. 14. That the people have a right to uniform government ; id, therefore, that no government separate from, or inde- mdent of, the government of Virginia, ought to be erected * established \vithin the limits thereof. 15. That no free government, or the blessing of liberty, tn be preserved to any people, but by a firm adherence to stice, moderation, temperance, frugality and virtue, and r frequent recurrence to fundamental principles. 16. That religion, or the duty which we owe to our reator, and the manner of discharging it, can be directed ily by reason and conviction, not by force or violence ; id, therefore, all men arc equally entitled to the free exer- 36 of religion, according to the dictates of conscience ; and at it is the mutual duty of all to practice Christian for- larance, love and charity towards each other. Digitized by VpOOQlC i COMMITTBB RBPORTS. 17. That neither slavery nor involuntary servitude, ei 2 cept as lawful imprisonment may constitute such, sha] 3 exist within this State. 18. The rights enumerated in this bill of rights shall nc 2 be construed to limit other rights of the people not therei 3 expressed. ARTICLE II. SUPREMACY OF THE UNITED STATES CONSTITUTION. The Constitution of the United States, and the laws mad 2 in pursuance thereof, and all treaties made, or which sha 3 be made, under the authority of the United States, shall I 4 the supreme law of the land. ARTICLE III. DIVISION OP POWERS. The legislative, executive, and judiciary departmen 2 shall be separate and distinct, so that neither exercise d 3 powers properly belonging to either of the others ; nor shi 4 any person exercise the power of more than one of them 5 the same time, except as hereinafter provided. Digitized by Google . MAJORITY REPORT HE CONTESTED ELECTION CASE OF TREAT vs. GREGORY. Constitutional Convention : la accordance with the resolution unanimously adopted y the Committee on Privileges and Elections, and which as been reported to you, we, the undersigned members of ie said commiitee, beg leave to submit the following re- ort : In the contested case of Morgan Treat vs. Roger Gregory, ; is agreed by both parties that the correct official returns 1 the counties of Hanover and King William are as fol- )ws : For For Roger Gregory : Morgan Treat : Hanover county : 306 169 151 64 161 133 175 198 98 67 92 12 177 148 59 40 shland Precinct, [all's Shop Precinct, [iggason's Precinct, :ural Point Precinct, lunt's Precinct, ^ckville Precinct, old Harbor Precinct, lay's Precinct, Totals, 1,219 831 King William county : iTest Point Precinct, 57 192 anesville Precinct, 101 187 :ing William C. H. Prec't, 89 145 [anquin Precinct, 70 135 [angohick Precinct, 89 139 loulahville Precinct, 88 38 Totals, 494 836 From these returns it appears that the contestee received majority of forty-six votes. (At page 8 of the printed 3Cord there is an error in the figures for King William ounty, but a correct statement is given on page 116.) Digitized I |Google COMMITTBB REPORTS 36 There has been no serious contest concei 37 precincts, except Cold Harbor and Beulah^ 38 At the request of the contestant, the ball 39 bor precinct were produced before the coi 40 us inspected and counted. We found tl 41 was legally entitled to 175 votes, and the ( 42 votes. There were many ballots that could r 43 either side — some with neither name en 44 both, and others with only the word Rogei 45 At Beulahville precinct the returns she 46 testee had eighty-eight votes, and the c 47 eight votes. This is admitted by both pa 48 agreed between the parties that the seveni 49 who testified that they voted for the conte 50 ville, May 23, 1901, were duly qualifie 51 names appeared upon the poll books of 52 said election. (See agreement, page 18.) 53 in his notice, charges that at this precinct 54 of the full and fair expression of the intent and that the returns of said precinct are f lent. (Page 3.) He further charges that the judge of election designated to rend illiterate voters as requested by them, fai 59 his duty in that respect, and that he frauds 60 the ballots of a number of voters as to < counted for the contestee, when they wer( cast for the contestant. (Page 4.) In th from page 18 to page 192, the deposition witnesses show that they either marked t] for the contestant, or requested J. W. ] 66 judges of election, so to mark them. Si 67 deponents were negroes, but their testii 88 peached or contradicted, either by the said 69 self, or any other witness, although there 70 in which depositions might have been take] 71 been given by the contestee that the said 72 others would be examined. (Page 192.) 73 Of the seventy-two witnesses above-ment 74 of sixty-nine were furnished in the notice 75 sides these, three others were examined — i 76 Temple (page 45) , William Cecil (page 77 Allen (page 189) , whose names had not b€ 78 and for this reason it is contended by coi 79 that their evidence is inadmissible. W( 80 that upon a proper construction of section 81 and the general principles of law gover; 82 this, the contestant was not required to fu: 55 56 57 58 61 62 63 64 65 Digitized by CjOOQ IC COKMITTBB REPORTS. 8 the witnesses he might desire to examine, nor the names of those who voted for him. Section 152 of the Code governs the present contest, so far as it applies, and provides as follows : **Any person intending to contest the election of another as a senator or delegate to the General Assembly, shall, within ten days after the day on which the election com- menced, give to the other notice thereof in writing, and a list of the votes he will dispute, with his objections to each, and the votes improperly rejected for which he will contend. If he object to the legality of the election, or eligibility of the person elected, the notice shall set forth the objection ; and the person whose election is contested shall, within five days after receiving such notice, deliver to his adversary a like list of all the votes which he will dispute, with his objections, and the votes improperly re- jected, which he will claim, and the notice of his objec- tions, if any he has, to the eligibility of the contested party. Each party shall append to the list of votes he in- tends to dispute or claim, an oath to the following efifect : *I do swear (or affirm) that I have reason to believe that the persons, whose names are above mentioned, are not legally qualified (or are qualified, as the case may be) to vote in the county of , (or corporation, or district of ).' " The statute contemplates three grounds upon which a con- test may be made : First. On the ground that persons who were disqualified for voting cast their votes for the contes- tee, and that persons who were qualified voters, and at- tempted to cast their votes for contestant, were improperly rejected as voters. This view of the statute is supported by the oath required to be appended ''to the list of votes he intends to dispute or claim,'' which is: **I do swear that I have reason to believe that the persons, whose names are above mentioned, are not legally qualified (or are quali- fied, as the case may be) to vote in the county of , (or corporation, or district of )'* ; and by the further fact that objections to the votes of voters are required to be stated. Second. On the ground of ille- gality of election. This embraces all fraudulent acts of the election oSicers, affecting the conduct of the election and the election returns. Third. On the ground that the person elected is ineligible. The first ground mentioned is not relied on by the con- testant. He does not question the right of any voter to vote who voted against him, and therefore could not object to his vote ; nor does he claim the vote of any person whose Digitized by|LjOOQlC COMMITTBB RBPORTS. 30 vote was rejected. But his contest is basec 31 mainly, that a judge of election fraudulei 32 ballots of illiterate voters for contestee, v 33 structed by the voters to mark them for 34 think the law was fully complied with by 1 35 the notice given by the contestee. The co] 36 in his notice the election returns, and the i 37 the election was conducted by the ele< 38 Beulahville, upon the averment of fraud 39 right to prove it, if he could, by any w 40 ever. 41 We are therefore constrained to accord 1 42 the entire number of the seventy-two b; 43 sworn to have been cast for him. It follow 44 one hundred and twenty-six votes at ths 45 fifty-four can be counted for the contestee. i6 In accordance with the foregoing state] 47 and the facts, it appears to us that the ret 48 so corrected as to read as follows : 49 50 51 Ashland Precinct, 52 Hall's Shop Precinct, 53 Higgason's Precinct, 54 Rural Point Precinct, 55 Blunt 's Precinct, 56 Rockville Precinct, 57 Cold Harbor Precinct, 58 Clay's Precinct, 59 West Point Precinct, 60 Lanesville Precinct, 61 KingWilliamC. H. Prec't, 62 Manquin Precinct, 63 Mangohick Precinct, 64 Beulahville Precinct, 65 66 67 For Roger Gregory : 306 151 161 175 98 92 175 59 57 101 89 70 89 54 Totals, 1,677 We therefore recommend that the seat in 68 now occupied by Roger Gregory, be aw a 69 Treat. 70 Respectfully submitted, 71 W. F. D 72 J. M, 73 We concur in the foregoing report, ins( 74 that Morgan Treat is entitled to the seat n Digitized by CjOOQ IC COMMITTBB RBPORTS. 5 Roger Gregory, but we do not base our conclusions upon the same reasons as stated by Messrs. Dunaway and Quarles. Respectfully submitted, A. P. GILLESPIE, THOS. LEE MOORE, A. S. WALTER, A. L. PEDIGO, f Digitized b^j^OOQlC 1 Digitized by Google MINORITY REPORT THE CONTESTED ELECTION CASE OF TREAT vs. GREGORY. the President and Members of the Convention : The undersigned, members of the Committee on Privi- leges and Elections, report under the resolution of the com- mittee, submit the following : First. There are the returns from three precincts alone to be considered, in as much as contestant abandoned his claims as to the Ashland precinct, and in the judgment of the undersigned, only the question raised as to the West Point precinct by contestee, and as to Cold Harbor and Beulahville, contests are worthy of notice. The three pre- cincts, therefore, to which attention is directed are West Point, Cold Harbor, and Beulahville. I. WEST POINT. The question raised as to West Point by contestee is that the commissioners of election did not conform to sec- tions 133, 134, and 136 of the code. The facts are these. On May 25th, two days after the election, one of the com- missioners was present at the clerk's oflBce as required by law. In accordance with the statute, he appointed two electors in order to make the board consist of three. These commissioners canvassed the returns from the county of King William and properly certified all except West Point. Certain irregularities were found to exist at West Point and they summoned the judges and clerks of election to appear before them on June 1st to make the proper corrections. This was in contravention of the statute, which inhibited the commissioners from appointing any day exceeding five days from the date of the election. On June 1st only two commissioners met, and these two undertook to determine and certify who received the highest number of votes at West Point. The point of law insisted upon is that the day appointed was not lawful because it was not within five days after the election, and that while two commissioners might sign and certify the result, yet the result could only be de- termined by a board consisting of three. If this precinct is » Digitized by Google 2 COMMITTBB REPORTS. 23 thrown out, Mr. Gregory is elected. Pages 237-240 of th 24 record shows how this question arises. II. GOLD HARBOR. An inspection of the ballots at this precinct showed 2 number of them had been counted by the judges of electioi 3 which were improperly marked. The committee determine 4 that the irue result at this precinct was 175 for Gregor 5 and 127 for Treat. III. BBULAHVILLB. The evidence at this precinct is set out in pages 1-194 o 2 the record. 3 After a careful study of the question of law and fact arisiiij 4 upon this evidence, and after resolving every reasonabli 5 doubt in favor of contestant, without throwing out the Wes 6 Point precinct, but accepting the returns therefrom, th( 7 undersigned have come to the conclusion that Mr. Gregor] 8 is entitled to his seat. We therefore propose the foUowini 9 resolutions : Resolved, First, That Morgan Treat is not entitled toi 2 seat in this body. Resolved, Second, That Roger Gregory is entitled to i 2 seat in this body. Respectfully submitted, T. W. HARRISON, R. TURNBULL, GEO. K. ANDERSON, J. M. WILLIS. Digitized by Google re., CONTESTED ELECTION CASE OF MORGAN TREAT vs, ROGER GREGORY. >rt of Jno. Garland Pollard, of the Committee on Privilegee and Elections. the Constitutional Convention : The facts and issues in this case have been already set out in the report of W. F. Dunaway and J. M. Quarles. It is unnecessary for me to do more than state upon what propositions I disagree with them. First. As to Beulahville precinct. King William county. The official returns gave Gregory 88, Treat 38. Seventy-two witnesses were examined on behalf of the contestant, and testi- fied that they voted for Treat or asked the judge of election to mark their ballots for him. Of this number, the names of only 69 were furnished in the notice of contest. The names of Charles Temple, William Cecil, and W. J. Allen, witnesses who testified that they voted for Treat, did not appear in said notice, nor was any notice given that their votes would be claimed for the contestant. Cecil and Allen were put upon the stand only two days before the expiration of the time allowed by law for the taking of depositions. Their testimony was objected to by counsel for the contestee, on the ground that no notice was given that their votes would be claimed. While I agree with Messrs. Dunaway and Quarles that the statute does not require the contestant in this case to give in his notice of contest the names of the electors whose votes he claims ; yet I believe that justice demands that when a party proposes to prove by a voter that his ballot was fraudulently mismarked by a judge of election in an election booth, with no one present but the voter and the judge, that such testimony "Should be taken only when the contestee is given ample opportunity to in- vestigate the character of the voter and to introduce, if he can, evidence tending to discredit or contradict him. In this case, as to Cecil and Allen, no such opportunity was given. The contestee was, as to the witnesses named, taken by sur- prise and objected to their testimony, which in the opinion of the undersigned, should be rejected. The case of Temple, the other voter who was not named in the notice of contest. Digitized by (google COMMITTBB aXPOBTS. 35 stands upon different ground. Counsel 36 did not object to his testimony, and fiv 37 which the contestee might have introduced 38 down or impair his testimony. I, there f< 39 Messrs. Dunaway and Quarles in their fi 40 turns from Beulahville precinct should b 41 for Treat 72, but believe that the vote sho 42 Gregory 56, for Treat 70. 43 Second. As to Cold Harbor precinct, 44 Messrs. Dunaway and Quarles report thi 45 be counted for Gregory 175, for Treat 126 46 signed believes that Treat should be awar 47 tional votes. The difference comes about of two ballots as defective, while I am of should be counted for Treat. On these hi were originally marked out in lead pencil, of the ballots shows an evident attempt electors to rub out the line originally n name ''Morgan Treat;" and while all 54 running through that name is not obliterat 55 clearly show that it was the intention of t 56 their ballots for Morgan Treat, which ir carried out, in the absence of a positiv statute requiring such ballots to be rejec with ballots where three-fourths of the ns out. For these reasons, the undersigned I evidence shows that the vote is as follows Gregory : Total returns from precincts about which there is no se- rious contest, 1,448 67 Beulahville, 56 68 Cold Harbor, 175 69 70 1,679 The undersigned, therefore, reports tl and contestee received an equal number 73 section 156 bf the Code of Virginia, which 74 as provided by the act for the selection of 75 Convention, the election held on May 23, 76 and King William counties is, as to the pj 77 test, null and void, and a writ of ele 78 awarded. Respectfully submitted, JNO. GARLAIS 48 49 50 51 52 53 57 58 59 60 61 62 63 64 65 66 71 72 Digitized by CjOOQ IC Ml J< * » REPORT THE COMMITTEE ON THE ELECTIVE FRANCHISE, QUALIFICATION FOR OFFICE, BASIS OF REPRESENTATION AND APPORTION- MENT, AND ON ELECTIONS. he Co7ivention : he Committee on the Elective Franchise, Qualification for 5e, Basis of Representation and Apportionment, and on itions, has, in the performance of its duty, had under con ration the subjects refe rred to it, and submits the following >rt on so much thereof as relates to the Elective Franchise : he committee has prepared, and returns herewith an article jring the subject now reported on, the adoption of which it lect fully recommends. he committee has accepted, as an essential and fundamental iciple, the proposition that no person should enjoy the privi- of suffrage, unless he, in some way, gives (in the language he Bill of Rights) sufKcient evidence of his permanent com- L interest in, and attachment to, the community. In the don of the committee, this permanent interest and attach- it is not established by mere residence within the State. A on, before being entitled to participation in the high and lonsible duties of governing and controlling the destinies of State, should be identified with it in a common interest by 5 more secure and substantial than one he can voluntarily ir by the mere act of crossing the border dividing him from bher people. he permanent and substantial identification with the State ch its residents should possess as a prerequisite to the exer of suffrage, can, in tho opinion of the committee, be mani- 3d in three several ways : First. By conspicuous and do- ing public service. Second. By participation in the public lens through ownership of property, subject to taxation. I third. By substantial personal contribution, not based on ownership of property, to the industry, development, and fare of the State. J is manifest that, for the purposes of these tests, some defl- standard of the requirements must be established. This idard must be real and substantial, but it must not be so li as to be unreasonably stringent or exclusive. ^i Digitized by 4>o, >gle COMMITTEE REPORTS I In practically applying these principles tc tions in Virginia, the committee has deerae( divide those residents of the State who sho lege of suffrage into the following classes, within any one of which can vote : First. Those persons who have performe deserving public service. These the committee, in the suggested ar tution, has defined as follows : "Persons who have served in time of war of the United States, or of the Confederal State of the United States.'' This is considered a fit tribute from the £ and heroes who have offered their all as a the service of their country. Second. Those who participate in the pub ownership of property subject to taxation, tee has defined as any ** Person who, or whose wife, shall hav< taxes, for the year preceding that in whic amounting to as much as $1.00 on property sessed against, him or his wife.'' This will require that there shall be in tl of which is entitled to vote by reason of t identification with his community, propert tion at at least $250.00, according to the p tion. It is considered by the committee th sons not owning property are also entitled t no reasonable dissent from the propositic owning that much property in the commu; entitled to vote, if in addition he possesses s sites as may be imposed. This operates as j no one, but merely confers the privilege of i tional number of people. Third. Those who make a substantial c the form of property, to the industry, devek of the State. These the committee has defined as follo\s ''Those persons, not embraced in the fore who, when they offer to register, shall be al able explanation of the general nature of th ous officers for whom they may, at any tii then existing, be entitled to vote, and who shall have indicated their substantial attac fication with, this State, by having been re; engaged in a lawful trade, profession, busi Digitized by Google COMMITTKB BBPORTS. 6 pyice, for at least one-fourth of the time during the year preceding that in which they 8hall offer to vote." is manifest that a great number of people, other than 9rs and properfcy owners, possess the qualifications to make safe and proper voters, and it was accordingly necessary rm another class of sufficient latitude to include all these ving persons and at the same time to impose prerequisites dent to exclude those whose participation in the suffrage ot be. justified on any reasonable ground, and threatens afety and prosperity of the State. e safest and best test for this large class is considered by committee to be labor, and labor, wherever legitimately irmed, whether in a trade or a profession, on a farm or in Qmercial business, anywhere or in any connection where a crowns his days with tlie dignity of industry. , however, this test, like residence, permits easy removal and abandonment of this State, is considered proper to to it the requirement that the voter shall possess an intelli- comprehension of the use for which the elective franchise bended, and that before he shall register, as preliminary to ig to choose agents for the people, he shall have a reasona- iomprehension of what these agents are chosen to do. If )es not know this, he can form no intelligent estimate of elative fitness of the various persons who are being con- ed for the position, and should have no voice in the tion. The man who does not know, in a general way, ; a person is required to do, is not fit to select anybody to . The vote of such a person in an election is merely a ribution to the ignorance and danger, and probably to the iption of the suffrage. le committee has not been oblivious of the fact that the 3 of this test depends upon its intelligent and proper appli- n, but, after long, and, it is believed, faithful considera- no other test seemed possible, which would not result in exclusion from the privilege of suffrage, of a very large of our most deserving and trustworthy fellow citizens. » avoid the evils of an improper and objectionable adminis- on, the committee has provided for a board of three com- i oners of registration to be appointed by the judge of the lit court, who shall pass upon this requirement, and for an al, at the instance of any person claiming to be improperly ided, to the circuit court or to the judge thereof in vaca- It is believed, that in this way, the provision has been juarded as far as the nature of the case and the public est require. the opinion of the committee, experience has demonstrated fact that every person who participates in government Digitized t \Goog\e d _&^ 4 COMMITTED RSP0KT8. should in some way contribute to its sup] by some consideration of the highest dig recommends that there shall be imposed voting, on all persons embraced in the clas privilege of suffrage is conferred, except uf naval class, a poll-tax of one dollar and a ! mnst be paid at least six months before t the voter offers to participate. The requin ment shall be made so far in advance, is prevent the corruption of the franchise by on the eve of or during an election, and in voting to those persons who value the pri\ qualify themselves for it by their own ind act. Those who have served in time of war navies of the country are excused from i poll-tax as a prerequisite to voting, in fu their meritorious service and of the high di them by the State. As the State is, in a most generous waj education of the people, and as the presen public education has existed in the State fo tion, it is not considered unjust to reqi prerequisite with some exemptions to voti who shall register subsequent to January applied at once in deference to those still 1 no adequate opportunity to secure an educa in an automatic way, to those who shall rej 1, 1904, not only as a just requirement, 1 measure, an additional safeguard against admission to registration at some time in t' not possessing the necessary requirements s The committee has endeavored to duly cc fications for suffrage other than those finall; The committee has carefully considerec property and its modifications as a basis of unable to reach an agreement on that basi the idea and deems it inadvisable and impi it to the Convention. The committee has likewise earnestly con cational test, by which is meant a test inv merely to read and write. In the opinion of the committee the capac: furnishes no evidence whatever of fitness suffrage. Under modern conditions, a la most objectionable citizens can both reac means nothing unless accompanied by intelli Digitized by Google OOMHITTBB RSPORTS. & ' the duties of citizenship. The committee concluded that if reading and writing test were at any time permitted, it would 3 necessary to add to this imere empty form of education, tjhe K}uirement of an intelligent comprehension of the practical uties an obligation of citizenship. It is proper to note that under the plan now submitted to the onvention no worthy citizen of Virginia who is intelligent lough to know what he is doing when he votes, is excluded om the privilege of suffrage ; and, further, that this measure, approved, will, in the opinion of this committee, be a MJroughly efficient remedy for the evil now existing in the iffrage of Virginia and afflicting its people. In framing the article suggested, the committee has been ispired by the purpose to elevate and purify the elective anchise, to strengthen the State, and to invest with value and ignity, the citizenship of this republic so far as resident in irginia. With this brief explanation, it submits its work to the dis- issionate and intelligent consideration of this Convention. ALFRED P. THOM, THOMAS H. BARNES, GEO. D. WISE, R. L. GORDON, Jr.. JOHN H. INGRAM, CLAGGETT B. JONES, GILMOR S. KENDALL, J. H. LINDSAY, ALEXANDER HAMILTON, BERRYMAN GREEN, H. D. FLOOD, WALTER A. WATSON. Digitized by Google 6 COICMITTKB REPORTS. ABTICLB. 1. Every male citizen of the Unit 2 twenty-one years of age, who shall hav( 3 this State for at least two years, of th( 4 which he shall offer to vote at least oi 5 precinct of which he shall offer to vote, 6 next preceding the election at which he 7 who shall have been registered as may bi 8 and who shall have paid in person to tt 9 months prior to the election at which h( 10 a poll-tax of one dollar and fifty cents i 11 ceding year, except as hereinafter provi( 12 be entitled to vote for members of the 13 and all oflScers elected by the people : pr 14 He be a person who has served in t 15 army or navy of the United States, or 16 States, or of any State of the United Stj 17 He be a person who, or whose wife, 18 the State taxes, for the year preceding 19 offers to vote, amounting to as much as 20 on property owned by, and assessed a 21 wife ; or, 22 He be a person not embraced in eitl 23 going alternatives, who, when he offers 24 able to give a reasonable explanation of 25 of the duties of the various officers foj 26 any time, under the laws then existing, 27 and who, if physically able, shall have 28 stantial attachment to, or identification 29 having been regularly employed or enga 30 profession, business, calling, work or 31 one-fourth of the time during the year i 32 in which he shall offer to vote : 33 And provided further, that the pro 34 contained as to the payment of the poll-t 35 to voting, shall not apply to any electi< 36 1st day of January, 1903, and that no pe; 37 in time of war in the army or navy of tl 38 of the Confederate States, or of any S 39 States, shall, at any time, be required tc 40 prerequisite to voting : 41 And provided further, that no person 42 to vote, according to the provisions o 43 shall lose his right to vote in the precinci 44 removed to another precinct in the same Digitized by CjOOQ IC COMMITTEE RBPORTS. 7 fter the expiration of thirty days from the time of such re- loval : And provided further, that any person » otherwise quail- ed to vote according to the foregoing provision, who shall Bgister after the 1st day of January, 1904, shall make ap- lication to register in his own handwriting in the presence f one of the registrars, according to such form, and to be erified on oath or affirmation, in such manner as may be rescribed by law, and shall prepare and deposit his ballot, dthout aid from another, on such printed form as the law hall prescribe, unless he shall be blind, or otherwise physi- ally disabled, or shall be a person who has served in time f war in the army or navy of the United States, or of the lonfederate States, or of any State of the United States, or ball be a person who, or whose wife, shall have paid to the tate taxes, for the year preceding that in which he offers to ote, amounting to as much as one dollar on property owned y , and assessed against, him or his wife ; in either of which aid cases he shall be entitled to receive aid from a person f his own selection, to be rendered in the presence of one f the judges of election : And provided further, that the following persons shall be xcluded from registering and from voting : First, Idiots and lunatics. Second. All persons whose actual habitation for the pre- edmg year cannot be definitely ascertained. Third. All persons convicted of bribery in any election, mbezzlement of public funds, treason, felony, or petit lar- Bny. Fourth. All persons who, while citizens of this State, ave, since the adoption of this Constitution, fought a duel rith a deadly weapon, sent or accepted a challenge to fight a uel with a deadly weapon, either within or without the oundaries of this State, or knowingly conveyed a challenge, r aided or assisted in any manner in fighting a duel. And provided further, that no oflScer, soldier, seaman, or larine of the United States army or navy, nor any inmate f a charitable institution, nor student in any institution of earning, shall be deemed to have gained or lost a residence a this State, or in any county or city thereof, by reason of is temporary station or location therein. 2, Any person who, in respect of age or time of residence, rhen the last registration before any election takes place, rould be qualified to vote at the time of the next election, hall be admitted to registration notwithstanding that at the me thereof he is not qualified with reference to age or time Digitized by C|oogk 8 COMMITTKB REPORTS. 6 of residence, and shall be entitled to vol 7 then qualified under this Constitution. 3. Electors in county and city electioi 2 qualifications, and be subject to the dh 3 scribed in section 1 of this article ; but t 4 bly may prescribe additional qualificati< 5 any county or city of this State, as pren 6 in any election for county or city oflScera 7 city. 4. There shall be no educational test < 2 ing prerequisite to registration or to v< 3 persons who shall register prior to the fir 4 1904 ; and all persons who shall register 6 shall remain, during life, qualified electo 6 fied by other provisions of this article. 5. There shall be for each magisteria! 2 in this State, a board of three commissioi 3 to be appointed by the judge of the cir 4 jurisdiction over the territory in which 5 be located ; except that the first board u 6 tion shall be appointed by ordinance of tl 7 An appeal shall lie to such circuit coi 8 thereof in vacation from the decision of 9 instance of any person who shall be deni( 10 The General Assembly shall enact su 11 necessary to prescribe the manner and tei 12 and generally to carry into effect the 13 section. 6. All elections by the people shall b€ 2 elections by representative bodies shall 3 ballot-box shall, at all times during ele 4 view of the voters, and the ballots shall e 5 counted in secret. 7. The General Assembly shall provid 2 without any distinguishing mark or sy 3 State, county, city, and other elections b] 8. Judges of election shall be appointe 2 in the State by the judge of the circuit c 3 diction over the territory in which such p 4 but the General Assembly may provid 5 manner of filling vacancies that may oc 6 judge of election. No person holding an; 7 trust in this State, or in any county, cit; 8 shall be appointed as commissioner of 9 judge of election. 9. The General Assembly shall prov Digitized by CjOOQ IC COMMITTBB REPORTS. 9 air and orderly conduct of all elections by the people in ac- lordance with the provisions of this Constitution. 10. No voter, during the time of holding any election at vhich he is entitled to vote, shall be compelled to perform Qilitary service, except in time of war or public danger, to (Tork upon public roads, or to attend any court as suitor, juror, ►r witness ; and no voter shall be subject to arrest under tny civil process during his attendance at election or in ;oing to or returning therefrom. 11. The treasurer of each county and city of the State hall, at least five months before any election, file with the lerk of the circuit or corporation court of his county or city ► list, in alphabetical order, verified by his oath, of all per- ons who have paid not later than six months prior to such lection, the capitation tax of $1.50 for the year preceding hat in which such election is held. The clerk, within ten days from receipt thereof, shall >ost in each voting precinct of his county or city, a certified opy of the voters of said precinct whose names have been hus reported by the treasurer as having paid the capitation ax ; and within thirty days after such notice has been osted, any person who shall have paid the capitation tax, ut whose name is omitted from said certified list, may, iter five days notice to the treasurer, apply to the judge of tie circuit or corporation court of his county or city to have aid list corrected and liis name entered thereupon. The clerk shall also, within sixty days after the filing of aid list by the treasurer, forward a certified copy thereof, rith such correction as may have been made by order of the ourt, to the Auditor of Public Accounts, who shall charge lie amount stated in such return against such treasurer in tie settlement of his accounts except such part as may have een previously accounted for. And a reasonable time efore such election, the clerk shall forward to the judges f election of each precinct of his county or city, a like cer- .fied copy of the list of those in such precinct who have aid the capitation tax for the previous year, which shall e deemed conclusive evidence of that fact for the purposes f voting. Digitized by^.J oogle Digitized by Google MINORITY REPORT J. C. WYSOR, ONE OF THE COMMITTEE ON ELEC- TIVE FRANCHISE, QUALIFICATION FOR OFFICE, Etc. he Convention: am unable to concur in the report of the majority of the imittee on Elective Franchise. The committee adopts as basis of its report, the principle enunciated in the eighth ion of the bill of rights. '* That all men having suflScient ience of permanent common interest with, and attachment ;he community, have the right of suflfrage." The report I classifies the voters who fall within this principle under se heads as follows : irst. The soldier class. ftcond. The property owning class. bird. The industrial class. ''e humbly submit that these three classes having, according he committee's own ri^port, come within the principles of nanent interest and attachment to the community, should, II intents and purposes, be subject to the same qualifications 0 the right of suffrage. But this is not the case in the re- .. No restriction whatever is placed upon the soldier class, approve of exonerating the soldier class from thp payment apitation taxes as a prerequisite to voting. The property ing class is required to pay the poll-tax, but is subject to ither restriction whatever. tie industrial class is not only required to pay the poll-tax, Ls subjected to a drastic understanding clause. They must d critical examinations before boards of commissioners, be able to give reasonable explanation of the general nature le duties of the various officers for whom they may at any ! be entitled to vote. Why should the industrial class con- iting as it does, the great mass of our citizens, be required aderstand more than the soldiers, or the man who owns or se wife owns property of the value of two hundred and fifty ITS ? It is evident that this understanding clause, if hon- r administered, will not only disfranchise thousands of •oes, but also thousands of white men, and largely establish DigitizedHy cm h Google 2 COMMITTEE REPORTS. a property qualification of two hundred and fifty right of suffrage. I cannot give my assent to a provision which w so many of my fellow citizens. If it is intend white citizens under it, and but very few nej then its purpose is apparent and contrary to tl of the United States. If in its administration it that its purpose was the disfranchisement of tl count of his race, the Supreme Court would doi ally hold it unconstitutional, and all we would hav would be a vain efi'ort to evade the supreme la We should think well before we incorporate ii law a provision on suffrage which we believe mi lently administered and on a gigantic scale. I to possess virtues superior to the average ordinj cannot consent to this. If such a provision wer the people, I am quite sure it would be defeat industrial white classes, even if they were will should be perpetrated in their favor, could no sure that it would be done, and would therefo rather than place their right of suffrage in jeopa Furthermore, the idea of going before boards of for examination in order to vote, is highly re citizens. The majority of the committee real therefore, in their report exonerated the soldiers holders to the amount of two hundred and fifl this unpleasant duty. Another objection to the report is that nur would doubtless be taken from the boards of co the circuit courts, and thus largely involve the j whirlpool of politics. It has been said that the greatest curse an anj inflict upon a sinning people is a corrupt judicia Another objection to the report is that it pro^ January 1, 1904, the voter shall prepare and de] without aid from another. This is an open d making the ballot complex, or intricate, mar intelligent voters will be unable to prepare it. The State is interested in having every honest voter cast his ballot according to his will. It s to hedge him about with diflSculties in the prej ballot. Every voter should therefore be alio wee one to aid him in the preparation of his ballot, : of one of the judges of the election, so that he ca casting his ballot according to his wishes. This have fair elections. The people want plain, h forward qualifications for suffrage, and a plain, s Digitized by CjOOQ IC COMMITTKK RBPOBTS. bliod of voting. Certainly I am unwilling to give them any- ag else, whatever may be their wishes. Still another action to the report is that the General Assembly is required provide by law for ballots without any distinguishing marks symbols. We are not prepared to say that the reverse would be best, and that the Legislature should provide by law for lots with distinguishing marks or symbols. To 'say the 3t, the Legislature should be left untrammelled in the matter. '. recommend the following article on elective franchise in ce of the one reported by the majority of the committee : t will be observed that in my plan the only qualification put >n the present voter is the payment of poll-taxes legally as- sed against hira. It is the province of the Finance Commit- to determine the amount of the poll-tax. I would suggest amount not exceeding one dollar and a half. The future er is required to read the Constitution in the English lan- %ge and write his name. I make quite a difference between ! present voter and the future voter. One already has tlie ht to vote ; the other has yet to acquire the right to vote, take a right from a man is quite a different thing from con- ring a right upon him. Therefore, qualification for suffrage mid not be so stringent upon the present voter as upon the ure voter. rhe capitation tax, as a prerequisite for voting, will have a >fold usefulness. It will raise revenue for the public schools, 1 have a tendency to purge and purify the electorate. It 1 not do away with the negro as a voter altogether, but it 1 have the effect of keeping numbers of the most unworthy and ling of that race from the polls. I do not know of anything ter in view of the 15th amendment. To silence, if possible, ! cry of the fear of negro domination, I have provided that negro shall be eligible to any oflice in the State of Virginia, rhere is some question about the constitutional ty of this pro- ion. But able lawyers say that it is constitutional ; that the re right to vote does not confer the right to hold oflice. The lit of this report forbids the discussion of this subject at gth. Not being satisfied that it is unconstitutional, I am ling, under the circumstances, to incorporate it into the State nstitution. The hope of oflSce can bode nothing to the negro t evil. His induction into oflice renders the friction be- aen him and the white race so intense that it endangers his •sonal safety. As a rule he does not get any office. When does get one, it makes the white race more hostile to hira, i therefore it is better to remove from him the hope of office. a further precaution, I have provided that the Legislature ly prescribe additional qualifications in any county or city of s State as prerequisite for voting in any election for county Digitized i Google 4 COMMITTBK REPORTS. or city officers in such county or city. It se under all of the circumstances that surround culties that confront us, some such suffrage pi be adopted. The long residence clauses, the capitation ta^ able educational qualifications for future vote Constitution in the English language, and wri will gradually eliminate from the electorate 1 incompetent voters without detriment to the i deserving. The incubus of negro suffrage is one of the ] of the institution of slavery which fastened itse like a great cancer, and which it took the surj civil war to remove. The patient cannot be health and beauty in a day by heroic treatmei through the long vigils and watches of the gradually and patiently reinvigorate and ren AH things come to those who wait. This plai perfect. It may not be exactly what you want how you can legally get anything better. Y gradual curtailment of negro suffrage and of inc You will have little or no probability of negr greatest affront to the Anglo-Saxon race is to tives of some other race in authority over th be the rulers in their own country. The objee the negroes will vote for incompetent and unw< I cannot believe that this will always be the a weight in the objection. It rather smacks of vote your way, whatever it may be, or not \ would be the worst kind of political serfdom, by allowing the voter to select his own aid in of his ballot, you will have absolutely pure el the casting of the ballot is concerned, and no ni improper preparation of the ballot, but a certj of the voter that his ballot has been properly pi according to his will. The most coveted result will be that Virgini the nation and the world without the shadow o upon her proud escutcheon. It will be a greai ginia to purify her electorate, to minimize th< incompetent and the vicious, and to relieve he of negro domination in a fair and honorable same time go before the nation as being unwil Constitution of the United States, either in let And then she will ''flourish, and — like a i reach his branches to all the plains about him. Digitized by Google COMMITTBB RBPOBTS. 5 Resolved, That the following be the article on Elective Franchise and Qualifications for OflSce : 1. All elections shall be by ballot, and every male citizen ot the United States, at least twenty-one years of age, who shall have been a resident of this State for at least two jrears, of the county, city, or town, in which he shall offer to vote, at least one year, and of the precinct in which he shall offer to vote at least thirty days next preceding the election at which he shall offer to vote, and who shall have been registered as may be prescribed by Jaw, and who shall himself have paid at least six months prior to the election at which he shall offer to vote all poll-taxes which have been legally assessed against him, and who shall be able to read this Constitution in the English language and write his own name, shall be entitled to vote for members of the General Assembly and all oflBcers elective by the people, and may receive aid in preparing his ballot from any person of his own selection to be rendered in the presence of one of the judges of election, and shall be eligible to any oflBce within the gift of the people, except as restricted in this Constitution, and to sit as a juror, and during the holding of any election at which he is entitled to vote, shall not be compelled to perform military service, except in time of war or public danger, or to work upon public roads, or to attend any court as a suitor, juror, or witness, and shall not be subject to arrest under any civil process during his attend- ance at election, or in going to or returning therefrom ; provided, however, that the provision as to reading this Constitution in the English language and writing his name, shall not apply to any person prevented by physical disa- bility from doing so, nor to any person who now has a right to vote, nor to any person who shall be sixty years of age at the time of the adoption of this Constitution ; and pay- ment of poll-taxes shall not be a prerequisite for voting as to any person who has served in time of war in the army or navy of the United States or the Confederate States : pro- vided further, that no oflScer, soldier, seaman, or marine of the United States army or navy, shall be considered a resi- dent of this State by reason of being stationed therein : and provided also, that the following persons shall be excluded from voting : First. Idiots and lunatics. Second. Persons convicted of selling their votes, or of purchasing the votes of others, directly or indirectly, or of bribery in any election, embezzlement of public funds, treason, felony, purjury, or petit larceny. Third. No person who, while a citizen of this State, has Digitized by (Joogle 6 OOMMITTVB RSPORTS. 46 since the adoption of this Constitution fought a duel witi 47 a deadly weapon, sent or accepted a challenge to fight 48 duel with a deadly weapon, either within or beyond th 49 boundary of this State, or knowingly conveyed a challenge 50 or aided or assisted in any manner in fighting a duel wii 51 a deadly weapon, shall be allowed to vote or hold any offic 52 of honor, profit, or trust, under this Constitution. 2. No negro shall be elegible to office in the State 2 Virginia. 3. All persons before entering upon the discharge of ao 2 function as officers of this State must take and subscril 3 the following oath : 4 I, , do solemnly swear (or affina 5 that I will support and maintain the Constitution and la^ 6 of the United States and of Virginia, and will faithfull 7 perform the duties of to the best of m 8 ability. So help me God. 4. The General Assembly may prescribe additional qoal 2 fications for electors in any county or city of this State t 3 prerequisites for voting for county or city officers in siw 4 county or city. Respectfully submitted, J. C. WYSOR. September 26, 1901. Digitized by Google Report of Committee on Reduction of Expenses, he President of the Convention : he Committee on Reduction of Expenses respectfully submit following report on the government of cities and towns : . We recommend that section 14 of Article VI, of the Con- ition, be amended by inserting instead of the words ** five isand" in the first and second lines, the words ** twelve isand, five hundred/' so as to conform to our recommenda- L on the judiciary system, by which we recommended the lition of corporation courts in cities or towns of less than Ive thousand, five hundred inhabitants. . We recommend that section 15 be so amended as to pro- 3 that in cities or towns of less than twelve thousand, five dred inhabitants, the General Assembly may prescribe sther or not there shall be a circuit court for such city or n, in which case a clerk for such court would have to be ted, and in cities or towns of more than twelve thousand, hundred inhabitants, the corporation court or any other rt created by law, should have each its separate clerk, and .ny city of more than forty-five thousand inhabitants, there Lild likewise be elected a circuit court clerk ; and we further ►mmend that the word ** six " in the last line of this section, lid be eliminated, and the word ** four" substituted in its d. These amendments limit the terms of all clerks to four rs, and are intended to provide for the election of a clerk Bvery court of every city. We recommend that section 16 be amended by inserting word *' four '' in the place of the word ** two " in the last , so that the Commonwealth's attorneys term of oflBce shall our instead of two years. We recommend that section 17 shall be likewise amended, iat the sergeant's term of office shall be four instead of two 's, and this additional amendment, •* which officer in cities JBS than twelve thousand, five hundred inhabitants shall be ed with the duties now imposed upon the treasurer of such or town." We recommend that section 18 be amended so as to pro- that in all cities and towns of more than twelve thousand, \ Digitized by VJ|00QIC 2 COMMITTER BBP0RT8. five hundred inhabitants, the treasurer's term of office shall be four instead of three years. 6. We recommend that section 19 be so amended as to pro- vide that the term of office of the commissioner of the revenue shall be four years. 7. We recommend that section 21 shall be so amended as to provide for the election of all city or town officers at the time and in the manner provided for election of members of the General Assembly in this Constitution ; which amendment would do away with all spring elections in cities or towns. We would respectfully report that we cannot go further into these provisions of the Constitution , and the laws passed in pursuance thereof, for the reason that nearly every city ami town in the State have charters totally or greatly dissimilar, and it is practically impossible for the committee, in the time at its disposal, to examine and report upon these separate charters. EUGENE WITHERS, Chairman, Digitized by Google MINORITY REPORT ' E. W. HUBARD, MEMBER OF THE COMMITTEE ON THE REDUCTION OF EXPENSES. the President of the Constitutional Convention : riie undersigned, member of the Committee on the Reduction Expenses, not concurring in the report filed by the commit- , respectfully presents his views in this, his minority report : [. It is the province of Virginia to lead and not follow. I refore attach no consequence to the salary paid the ctiief icutive by any other State. The present salary of our Gov- Lor is reasonable and proper, and a reduction of one-fifth of same would, in my opinion, be a blow at the dignity of the mmonwealth, : am still more surprised at and opposed to the suggestion of majority of the committee that the reduction to four thou- d dollars should not take effect uatil January 1, 1906, for if Convention should decide contrary to my judgment to re- ;e the salary of Governor, that reduction should commence h the adoption of the Constitution, and not await the expira- 1 of a term for the benefit of an individual. I concur with majority in the reduction of the contingent fund for the p-ernor from ten thousand to five thousand dollars. 1. I am opposed to the abolishment of the office of Second ditor. A safe administration of the financial affairs of the 33 mon wealth and a well-devised system of checks and balances matters of far more importance to the material welfare of the ,te than the doubtful experiment of merely attempting to e a few dollars, with the risk of losing many thousands. ?he Second Auditor's office has to deal with most important, ticular, and responsible duties, and the entire expense is ered by one-half of one per cent, upon the amount at pres- disbursed through that office, whilst for the past nine years commission charged the bondholders for funding their old ids, and the fees for transfers of bonds, all of which have n paid into the treasury, have amounted in that period of le to $6,000.00 more than the entire expense of the office, anyone familiar with the delicate administration of fiduciary sts, the office, it would seem, has been conducted upon an eedingly economical basis, and practically without the least 'den upon the State treasury. Digitized by Google 2 COMMITTBB REPORTS. In view of the large public debt of the State credit, and to keep faith with her creditors, a and track of her obligations, the creditors of i right to expect that their interests shall be loc best possible manner to insure the regular and of their interest. The management of the sinking fund require knowledge of financial aCFairs, etc., all of whi done through that office. Under acts of Man February 20, 1892, the holdings, amounting t were cancelled and retired, and there are now ] missioners bonds amounting to $1,111,500.00 interest in the Richmond, Fredericksburg an^ road. The Second Auditor has the custody of be literary fund amounting to $1,710,227.28, and t of the funds of said board, including interest u] special appropriations and fines. Under the provisions of the Miller will — tl the trust and the act incorporating the Millei School, of Albemarle, the board of education ai the Second Auditor and his successors, and the Albemarle — constitute the body corporate. Ii will and the act confer power upon the Legisla to substitute other incorporations, but the qu the Coustitutional Convention, in this matter, express terms of the will, exercise legislati striking out an incorporator, by abolishing the Auditor. The Second Auditor has the custody o that institution amounting to $4,480,000.00, a ment of the income from same. An abolition c is one of the incorporators, by the Constitutio might result in litigation, and thereby affect th the life, of that splendid institution. In view of the foregoing, I think the office s Constitutional office, and that its designation sh Auditor and Comptroller of the Treasury," mj eral disbursing office of all State funds, and department a more complete check upon the oth in that way be the accounting and receiving o have the custody of the funds, whilst the oth disbursing office. 5. I am opposed to consolidating the office o Land Office with the office of Secretary of the The office of Register of Land Office was es act of Legislature in 1779. It now contains averaging 600 pages ; copies of grants from If ^ Digitized by CjOOQ IC COMMITTEE REPORTS^ 3 Tveys from 1779 to 1901, and files of all original surveys om 1779 to 1901. Some years ago we had a superintendent of grounds and lildings at a salary of $1,200 per year ; engineer of buildings id machinery, salary $1,000, and superintendent of weights id measures, who receiyed $1,000 salary. Those three positions ere abolished by the Legislature some time ago, and the duties ereof imposed upon the Register of the Land Office — who in Idition thereto performs the duties defined in Code, as follows : erical work in oflSce, chief of capitol police, and has the per- nal direction of all work done about the grounds and buildings ; so has to see that all the men under him do their duty, namely — ne policemen, two janitors, two elevator men, and two fire- en. It is my opinion that the office is of much importance, at it should be made . a Constitutional office. The salary is Jy $1,200, with fees not to exceed $300 per year. 7. I am opposed to the election of the executive officers of the ate by the people ; if that plan should be adopted , it may be pected that the officers will absent themselves from their re- ective posts of duty, trust, and responsibility, to canvass in eir own behalf, at the sacrifice of public interest. 9. I think it is contrary to public policy and justice to require e clerks in office of Auditor of Public Accounts, Treasurer, id Secretary of the Commonwealth to give bond. Many of ese clerks receive only $65 per month and can scarcely live >on their salary, and it would be unjust to require them to ly for bonds ; as the law stands, the head of each department ves bond and selects his own clerks, and the bond of the head each department is protection to the State. All of which is respectfully submitted, EDMUND W. HUBARD. Digitized by VaOOQ IC Digitized by Google REPORT THE COMMITTEE ON REDUCTION OF EXPENSES ON THE DEPARTMENT OF EDUCATION. the President of the Constitutional Convention : Ve respectfully submit the following recommendations with ard to this department of government : . We recommend that the appropriation of State funds to ' school or institution of learning not exclusively controlled the State be forbidden in the Constitution. . We further recommend that the appropriations to the State ;itutions of learning should be controlled in amount by the Qer of State students receiving free instruction in such insti- ons. . We respectfully further recommend the abolition of the ^e of superintendent of schools for each county and city and substitution therefor •of district superintendents. We do suggest any details but lesLve them to the wisdom of the Qmittee on Education, as that committee has had the ad- tage and benefit of advice and counsel from the best educators his State, of which this committee has not been able to have advantage, owing to conditions and circumstances under ch it was placed at the time these gentlemen were in at- lance upon the Committee on Education, i^e suggest this recommendation, partly on the ground of lomy in the management of the school fund, but especially ^e believe that a wise substitute for the present system will ease enormously the eflBciency of our system of public school cation. Respectfully submitted, EUGENE WITHERS, Chairman. Digitized by c|oo, >gle Digitized by Google MINORITY REPORT REDUCTION OF EXPENSES IN THE EDUCATIONAL DEPARTMENT. Ihe President of the Constitutional Convention : 'he Committee on the Reduction of Expenses in their report the educational department, makes the following among 3r recommendations : We recommend the forbidding of the appropriation of State ds to any school or institution of learning not exclusively broiled by the State/' concur in the recommendation of the committee with the )wing amendment and addition : ut this recommendation shall not preclude an appropria- , if the General Assembly shall see fit to make it, to the ege of William and Mary, so long as the said college shall ntain, in connection with its collegiate course, a system of [nal instruction and training for the purpose of educating training white male teachers for the public free schools of State, as provided by an Act of Assembly, approved March 888. Respectfully submitted, SAMUEL P. WADDILL, ugust 3, 1901. Digitized by (|oogle Digitized by VjOOQ IC REPORT OF THE COMMITTEE ON THE LEGISLATIVE DEPARTMENT. ie President of the Constitutional Convention : le Committee on the Legislative Department, except such lers as come within the jurisdiction of other standing com- ees, begs leave to submit its report. rticle V of the present Constitution has relation to the slative Department. Several sections of that article are )ted without any modification .whatever. Others are only itly modified. By modifying some and by adding new sec- 3, a number of material changes are made, of which the wing, briefly indicated, are the most important : Members of the House of Delegates are to be elected for •m of four years, and members of the Senate for a term of years. Persons holding certain county, city and other offices are nalified from serving in the General Assembly. Members of the General Assembly are to be ineligible to civil office of profit unless elective by the people. Regular sessions of the General Assembly are to be quad- ial, beginning tho second Wednesday in January. Such ons are to continue ninety days, and extra sessions are to inue thirty dayg, and the members are not to receive com- ation beyond the ninety-day limit. Safeguards are thrown around the enactment of laws by Lring that every bill, except a codification bill or emergency ures, shall be referred to a standing committe and read on dififerent days in each house ; printed for the use of mem- ; passed in each house by a recorded vote of two-fifths of lembers thereof ; and publicly signed by the presiding of- of each house. The General Assembly is to be almost entirely relieved of Lght to enact special, private and local laws. Barring general appropriation acts and emergency acts, w is to take effect until ninety days after the adjournment 9 General Assembly. In the exercise of the power of eminent domain, compen- L is to be allowed to owners of property damaged; as well the owners of that actually taken. Digitized by Qoogle 2 COMMITTEE REPORTS. 9. The expense incident to sessions of the is to be greatly curtailed. Section 21 of Article V is omitted. Section 4 of Article V, respecting apportioi until the Convention shall decide what com of that matter. All resolutions and ordinances referred to tl received careful consideration. Those appr tially embodied in the sections recommende* approved simply upon the ground that the si embrace may be more appropriately dealt w. Assembly than by the Convention. Other jurisdiction of this committee. The committee recommends the following stitute for Article V as it now is : The sections have been arranged with soi derly sequence of the various provisions. To each section, a short explanatory note is § 1. The legislative power of this State a General Assembly, which shall consist of a of Delegates. (This is section 1 of ArticL Constitution.) § 2. The House of Delegates shall be nially by the voters of the several cities an Tuesday succeeding the first Monday in No consist of not more than one hundred and n( members. (This is section 2 of Articl * ' quadrennially ' ' substitu •'bi-ennially.'') § 3. The Senate shall consist of not more 1 less than thirty-three members. They shall term of four years for their respective distric city and town of the respective districts sh the first election of its delegate or delegates tution, vote for one or more Senators. (This is section 3 of Arti all Senators are elected at o of four years.) §4. . (This section in Article V d ject of apportionment, whi< hereinbefore given, the cc yet considered.) § 5. Any person may be elected Senator v election, is j^ctually a resident within the dis Digitized by CjOOQ IC COMMITTEE REPORTS. rote for members of the Greneral Assembly and eligible to ce according to this Constitution ; and any person may be 3ted a member of the House of Delegates who, at the time election, is actually a resident within the county, city, rn, or election district, and qualified to vote for members of General Assembly and eligible to office according to this istitution. But no person holding a salaried office under United States Government or under the State Government, I no judge of any court, attorney for the Commonwealth, riff, sergeant, treasurer, assessor of taxes, commissioner of revenue, collector of taxes, or clerk of any court shall be a mber of either house of the General Assembly during his itinuance in office, and the election of any such person to ler house of the General Assembly shall vacate any such ce held by him. The removal of any person, elected to ler house of the General Assembly, from the city, county, m or district for which he is elected shall vacate his office. (This is section 5 of Article V, so altered as to enlarge the class of officials who are to be disqualified from serving in the General As- Assembly. The present provision is that '* no person holding a salaried office under the State Government shall be capable of being elected a member of either house of the General As- sembly." This provision was introduced by the amend- ment of 1876. In the Constitution of 1851 it was provided that * ' no person holding a lucrative of- fice, no minister of the Gospel or priest of a religious denomination, no salaried officer of any bank, cor- poration or company, and no attor- ney for the Commonwealth shall be capable cf being elected a member of either house of assembly.") 6. The members of the General Assembly shall receive for ir services a salary to be ascertained by law and paid out of public treasury ; but no act increasing such salary shall e efifect until after the ond of the term for which the mem- s of the House of Delegates voting thereon were elected, and member of the General Assembly, during the term for which shall have been elected, shall be appointed or elected to any II office of profit in the State except offices filled by election the people. 4c Digitized by v400QIC COMMITTBS REPORTS. (This section takes the pla< Article V. Its concluding p change as to the eligibility < elected or appointed to of legislative terms.) § 7. The General Assembly shall meet on th< day in January next succeeding the election of It shall meet in regular se&sion once in fc oftener unless convened by the Governor in scribed in this Constitution. No session of th bly, after the first under this Constitution, shal than ninety days without the concurrence of t members elected to each house, in which case be extended for a further period not exceed Except for the first session held under this Cc bers shall be allowed and shall receive a salan ing ninety days at any regular session and i thirty days at any extra session. Neither 1 eral Assembly shall, without the consent of tl for more than three days, nor to any other p] which the two houses shall be sitting. A maj bers elected to each house shall constitute a qi ness, but a smaller number may adjourn froi shall have the power to compel the attendanc bers in such manner and under such penali may prescribe. (This takes the place of sec V. The new provisions fix ing of the General Asserabl compensation of members.) § 8. The House of Delegates shall choose i and in the absence of the Lieutenant-Governor exercise the office of the Governor, the Senate i their own body a president pro tempore; and ( appoint its own officers, settle its own rules of direct writs of election for supplying interme but if vacancies shall occur during the reces Assembly such writs may be issued by the Gov regulations as may be prescribed by law. 1 judge of the election, qualification and returns may punish them for disorderly behavior, and rence of two-thirds, expel a member. (This is section 7 of Article § 9. The members of the General Assembly i except treason, felony, or breach of the peace b arrest during the sessions of their respective any speech or debate in either house they si Digitized by CjOOQu eOMMITTBB BBP0RT8. aed in any other place. They shall not be subject to arrest, ier any civil process, during the sessions of the General iembly, nor for fifteen days next before the convening and 3r the termination of each session. (This is section 11 of Article V.) i 10. Each house of the General Assembly shall keep a rnal of its proceedings which shall be published from time to 16, and the yeas and nays of the members of either house on r question shall, at the desire of one-fifth of those present I in the cases hereinafter provided, be entered on the journal. (This is substantially section 10 of Article V, J. clause being omitted relative to the subject covered by the next following section.) 11. No law shall be enacted except by bill. A bill may jinate in either of the two houses of the General Assembly ye approved or rejected by the other, and may be amended either with the consent of the other. ^0 bill shall become a law unless it shall have been (a) re- red to a committee of each house, acted upon by such com- itee in session and returned therefrom ; (b) printed for the of members prior to its passage by the house in which it ^inated ; (c) read at length on three different calendar days 3ach house ; and (d) on its final passage in each house, the e shall have been taken by the yeas and nays, the names of members voting for and against the bill entered on the rnal, and two-fifths of the members elected to each house, lading a majority of those present, shall vote and be re- ded as voting in its favor, except that no bill which imposes, tinues, or revives any appropriation of public or trust money property, or releases, discharges or commutes any claim or nand of the State, shall be passed which does not receive support of a majority of all the members elected to each ise, the vote in each house to be taken by the yeas and nays, I the names of the members voting for and against the bill ye entered on the journal. But in the case of a bill codify- the laws of the State, or in any case of emergency, ex- ssed by a vote of four-fifths of the members present in each [se, taken by the yeas and nays and the names of the mem- 3 voting for and against to be entered on the journal, such ating or reading, or both, may be dispensed with. t shall be within the power of either house, by a vote of t-fifths of the members elected thereto, including a majority >hose present, taken by the yeas and nays and the names of members voting for and against to be entered on the jour- , to discharge a committee from the consideration of any which it has refused or failed to return, and thereupon to 1 Digitized by vLjOOQIC 6 COMMITTEE REPORTS proceed with the consideration of the bill as i turned from the committee. No amendment to a bill by one house shall by the other, nor shall a report of a committ be adopted by either house, except by a vote the members elected thereto, including a n present, the vote to be taken by the yeas ai names of the members voting for and against the journal. The presiding officer of each house shall, ii the house over which he presides, sign every b passed by both houses and duly enrolled. Im this is done, all other business being suspendec bill shall be publicly read. The fact of sigi tered on the journal. (This section is almost ei covers the provision of sectit requiring a majority of the to each house to approve bi public money. Attention is that section 8, Article IV, pr may be passed, notwithstai nor's veto, by, a vote of t members present in each hot to require a vote of two-fifth elected to each house for the of a bill, it is perhaps wise ger vote to over-ride a veto.) § 12. There shall be appointed a joint comm eral Assembly, consisting of seven members House of Delegates, and five members appoint! which shall be a standing committee on spe local legislation. Before being referred to a c< vided by section 11, any special, private or locj in either house shall be referred to and conside committee and returned therefrom to the h originated with a statement in writing as to w of the bill can be accomplislied under general 1 proceeding, whereupon, the bill, with the acc< ment, shall be referred and take thp course section 11. It shall be within the power of th the bill originated, by a vote of two-fifths elected thereto, including a majority of thos by the yeas and nays and the names of the me and against to be entered on the journal, to d joint committee from the consideration of any Digitized by Google COMMITTBB BBPORTS. refuses or fails to return, and thereupon to proceed with the nsideration of the same as if it had been regularly returned. (This is a new section.) § 13. No law shall embrace more than one object, which all be expressed in its title ; nor shall any law be revived or nended with reference to its title, but the act revived or the ction amended shall be re-enacted and published at length. (This is section 15 of Article V.) §14. No law, except a general appropriation law, shall take feet until ninety days after the adjournment of the session of e General Assenxbly at which it is enacted, unless in case of L emergency (which emergency shall be expressed in the pre- ttble or in the body of the bill) , the General Assembly shall herwise direct by a vote of four-fifths of the members present each house, such vote to be taken by the yeas and nays and e names of the members voting for and against entered on e journal. (This is a new section.) § 15. The Governor, Lieutenant-Governor, judges, and all hers offending against the State by maladministration, cor- ption, neglect of duty, or other high crime or misdemeanor, all be impeachable by the House of Delegates, and be prose- ted before the Senate, which shall have the sole power to try ipeachment. When sitting for that purpose, they shall be on th or affirmation, and no person shall be convicted without e concurrence of two-thirds of the members present. Judg- But in case of impeachment shall not extend further than to moval from office and disqualification to hold and enjoy any ace of honor, trust, or profit under the Commonwealth ; but e party convicted shall nevertheless be subject to indictment, .al, judgment, and punishment according to law. The Senate ay sit during the recess of the General Assembly for the trial impeachment. (This is section 16 of Article V.) § 16. The whole number of members which the State may at y time be entitled in the House of Representatives of the lited States shall be apportioned, as nearly as may be, longst the several counties, cities, and towns of the State wording to their population. In the apportionment, the State shall be divided into districts •responding in number with the representatives to which it ty be entitled in the House of Representatives of the Con- jss of the United States, which shall be formed, respectively, contiguous counties, cities, and towns ; be compact, and in- .de, as nearly as may be, an equal number of population. (This section is made up of sections 12 and 13 of Article V.) Digitized by t oogle 8 COMMITTBB BBPOBT8 § 17. The manner of conducting and making returns of elec- tions, of determining contested elections, and of filling vacan- cies in office, in cases not specially provided for by this Consti- tution, shall be prescribed by law, and the General Assembly may declare the cases in which any office shall be deemed va- cant where no provision is made for that purpose in this Con- stitution. (This is section 22 of Article V.) § 18. The Legislature shall have power to provide for the government of cities and towns, and to establish such courts therein as may be necessary for the administration of justice. (This is section 23 of Article V. It is retained without change pending the action of the Ju- diciary Committee and the Committee on Cities and Towns.) § 19. The Greneral Assembly shaJl have power, by a two- thirds vote, to remove disabilities incurred under clause third, section one, article third, of this Constitution, with reference to duelling. (This is section 24 of Article V. If this or a similar provision is placed in the new Consti- tution, as recommended by the committee, it should appear in that portion of the instru- ment relating to the elective franchise, etc.) § 20. The privilege of the writ of habeas corpus shall not be suspended unless when in cases of invasion or rebellion, the public safety may require it. The General Assembly shall not pass any bill of attainder, or any ex post facto law, or any law impairing the obligation of contracts, or any law abridging the freedom of speech or of the press. It shall not enact any law whereby private property shall be taken or damaged for public uses, without just compensation ; but beyond compensation for property actually taken, damages allowed shall be subject to abatement by allowing for benefits conferred. No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall any man be enforced, re- strained, molested, or burthened in his body or goods, or other- wise suffer on account of his religious opinions or belief, but all men shall be free to profess, and by argument to maintain^ their opinion in matters of religion, and the same shall in no wise affect, diminish, or enlarge their civil capacities. And the Greneral Assembly shall not prescribe any religious test what- ever, or confer any peculiar privileges or advantages on any sect or denomination, or pass any law requiring or authorizing any religious society, or the people of any district within this Commonwealth, to levy on themselves or others any tax for the erection or repair of any house of public worship, or for the Digitized by Google COMMITTBB BBPOBTS. 9 upport of any church or ministry, but it shall be left free to very person to select his religious instructor, and to make for is support such private contract as he shall please. (This is section 14 of Article V with a new provision providing compensation for property damaged for public use.) § 21, The General Assembly shall not grant a charter of in- orporation to any church or religious denomination, but may Bcure the title to church property to an extent to be limited by (This is section 17 of Article V.) §22. No lottery shall hereafter be authorized by law ; and le buying, selling, or transferring of tickets or chances in any )ttery shall be prohibited. (Tliis is section 18 of Article V.) § 23. No new county shall be formed with an area of less lan six hundred square miles ; nor shall the county or coun- es from which it is formed be reduced below that area ; nor iall any county having a population less than ten thousand be eprived of more than one-fifth of such population ; nor shall county having a larger population be reduced below eight lousand. But any county the length of which is three times s mean breadth, or which exceeds fifty miles in length, ma}'^ 3 divided at the discretion of the General Assembly. In all ^neral elections the voters in any county not entitled to sepa- ite representation shall vote in the same election district. (This is section 19 of Article V, without change pending any action that may be taken by the Committee on Counties.) § 24. The General Assembly shall confer on the courts power ' grant divorces, change the names of persons and direct the tie of estates belonging to infants and other persons under gal disabilities, but shall not, by special legislation, grant re- 3f in such cases, or in any other case of which the courts or her tribunals may have jurisdiction. Nor shall the General ssembly enact any local, special or private law in the foUow- g enumerated cases : 1. For the punishment of crime. 2. Providing a change of venue in civil or criminal cases. 3. Regulating the practice of the jurisdiction of or changing e rules of evidence in any judicial proceeding or injury he- re the courts or other tribunals, or providing or changing the ethods of collecting debts or enforcing judgments, or pre- ribing the effect of judicial sales of real estate. 4- Changing or locating county seats. 5, For the assessment and collection of taxes. Digitized by vJIOOQIC 10 COMMITTBB BBPORT8. 6. Extending the time for the assessment or collection of taxes. 7. Exempting property from taxation. 8. Remitting, releasing, postponing, or diminishing any obligation or liability of any person, corporation, or associatioQ to this State or to any political subdivision thereof. 9. Refunding money lawfully paid into the treasury of the State or the treasury of any political subdivision thereof. 10. Granting out of the treasury of the State or granting or authorizing to be granted out of the treasury of any political subdivision thereof, any extra compensation to any public oflS- cer, servant, agent or contractor. 11. For conducting elections or designating the places of voting. 12. To give effect to invalid deeds, wills, leases or other in- struments. 13. Regulating labor, trade, mining or manufacturing or regulating the rate of interest on money. 14. Granting any pension or pensions. 15. 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. 16. Authorizing the opening, altering, maintaining or va- cating of roads, highways, streets, alleys, town plats, cemete- ries, graveyards, or public grounds not owned by the State. 17. Authorizing any corporation, association or individual to own or operate wharves, ferries, bridges, roads, or turnpikes. 18. Declaring streams navigable or authorizing the construc- tion of booms or dams therein or the removal of obstructions therefrom. 19. Affecting toll-gates or regulating tolls. 20. Affecting or regulating fencing or the boundaries of land or the running at large of stock. 21. For the protection of game or fish, or for the regulation of the killing and the taking thereof. 22. Creating corporations, or amending, renewing, or extend- ing the charters thereof, except such municipal, charitable, educational, penal or reformatory corporations as maybe under the control of the State. 23. Granting to any corporation, association or individual any special or exclusive right, privilege or immunity. 24. Naming or changing the name of any corporation or as- sociation. 25. Remitting the forfeiture of the charter of any corpora- tion except upon the condition that such corporation shall there- Digitized by Google COMMITTBB RBPOBT8. 11 ter hold its charter subject to the provisions of this Constitu- n and the laws passed in pursuance thereof. 26. Exempting any corporation, association, or individual )m the operation of any general law, or from the operation of y provision thereof, or suspending the operation of any gen- a.1 law or any provision thereof, for the benefit of any corpora- in , association , or individual. But the General Assembly may peal any local, special, or private law. (With the exception of the provision as to di- vorce, change of names of persons, and the sales of real estate of infants and those under other legal disabilities, which are not con- tained in section 20, Article V, this section is new.) §25. In all the cases enumerated in the last section, and in ery other case which, in its judgment, may be provided for ' general laws, the General Assembly shall enact general laws, ay such general law shall be subject to amendment or repeal, It the amendment or partial repeal thereof shall not operate rectly or indirectly to enact, and shall not have the effect of e enactment of a special, private or local law. No general law shall surrender or suspend the right and ►wer of the State to tax corporations and corporate property. (This is a new section.) § 26. The General Assembly may, by general laws, confer )on such county, city, town, and other authorities as it may ink proper, such powers of local and special legislation and [ministration as it may from time to time deem expedient. (This is a new section.) § 27. The Secretary of the Commonwealth shall be the keeper the rolls of this State ; and after the adjournment of each ssion of the General Assembly the clerks of the Senate and ouse of Delegates shall turn over to the Secretary of the Com- onwealth all the acts and resolutions of the General Assembly, id the records and papers of their respective houses, and all e books and maps belonging to the several standing commit- es of their respective houses ; and at the commencement of .ch session of the General Assembly the same shall be returned the clerks of the two houses, to be again returned to the Sec- tary of the Commonwealth at the final adjournment of the ssions. The General Assembly shall provide by general law the num- »r of employees of the Senate and House of Delegates, and tail by general law fix the per diem or salary of all of said aployees to compensate them for the time actually employed the discharge of their respective duties. (This is a new section.) Digitized by Google 12 COMMITTBE REPORTS. Upon a few points the conclusions of the < unanimous, and the right of opposition is rese members, without a formal submission of theii of the report being considered by the Conveni Respectfully, R. WALTON MOO WM. GORDON RC HILL CARTER, N. B. WESCOTT, R. TURNBULL, J. M. HOOKER, J. B. RICHMOND T. W. HARRISON JOHN W. LAWSO J. M. QUARLES, ROBERT W. BLA] ^ Digitized by CjOOQ IC MINORITY REPORT OF THE COMMITTE ON THE LEGISLATIVE DE PARTMENT. (0 the President and Members of the Constitutional Convention : The undersigned, members of the Committee on the Legisla- Lve Department, beg leave respectfully to report to the Conven- Lon that they dififer witn the other members of the committee 1 reference to the following matter — viz : Resolution No. 74, of which Mr. W. F. Dunaway is the patron, ras referred to the committee, and is in the following words : Be it ordained by the people of Virginia in Convention as- 3mbled, That neither the General Assembly nor the authorities f any city, town, county, district, or other public corporation ball appropriate any money or other personal property, or rant any real estate to any church or sectarian society, or help ) maintain or support any society, association, or institution whatever, which is entirely or partly, directly or indirectly, ontrolled by any church or sectarian society, or appoint any erson to perform religious services, or make any appropriation )r the payment thereof. And afterwards the same patron itroduced in the Convention Resolution No. 132, which was Iso referred to said committee, and is in the following words : *' Resolved, That no appropriation of public funds shall be lade to any charitable, industrial, or educational institution ^hich is not owned and controlled by the State." And when le said committee took up said resolution for consideration a lember of said committee moved as a substitute for both of iid resolutions the following : **No appropriation of public funds, or personal property, or jal estate shall be made by the General Assembly, or by the athorities of any city, town, county, district, or other munici- al corporation to any church or sectarian society, association, r institution of any kind whatever, which is entirely or partly, Lrectly or indirectly, controlled by any church or sectarian >ciety, or make any appropriation for paying for any religious srvices ; nor shall any like appropriation be made to any char- able, industrial, or educational institution which is not owned • controlled by the State, or by such city, town, county, dis- ict, or other municipal corporation," and asked that said xbstitute be adopted and reported by the committee as a pr Digitized by VJ oogle 2 COMMITTBS BBPORTS. of the Constitution. But the majority of the committee refused to adopt said substitute, and also refused to adopt either of the resolutions of Mr. Dunaway. Therefore, we, the undersigned, members of said committee, being impressed with the fact, and deeming it of the uttermost importance that church and State shall be kept entirely separate and distinct, and that no appropriation shall be made of taxes collected from the people in any form, to sectarian societies or institutions of any kind, nor to charitable, industrial, or educa- tional institutions, except such as are owned or controlled by the State, or by the municipality making the appropriation, respectfully dissent from the views of the majority of the com- mittee, and recommend that the substitute above referred to be adopted by the Convention as one of the clauses of the Cousti- tution. Respectfully submitted, R. TURNBULL, J. B. RICHMOND, HILL CARTER, N. B. WESCOTT, J. M. QUARLES- Digitized by Google SECOND MINORITY REPORT ' THE COMMITTEE ON THE LEGISLATIVE DE- PARTMENT. the Honorable President and Members of the Constitutioruil Con- vention of Virginia : We have been unable to concur in so much of the report of > Committee on the Legislative Department as proposes to mge and broaden the scope of section 14 of Article V of the sting Constitution, at present prohibiting the Legislature m taking private property for public uses without just com- isation, so as to provide that the Legislature shall not pass Y law ' ' whereby private property shall be taken or damaged public uses without just compensation." rhe Legislature has now full and complete powelr to correct Y injustice which may result from the present conditions of ! law, and may, if it be thought proper, enact a statute pro- ling for such a case. SV^hen we consider how broad this new field for damages in ) proposed change in our organic law recommended by the nmittee, which would be thus opened, without the power ictically of again closing, or, perhaps, even of restricting, its indaries, if on trial, experience showed that this should be ae ; of how hard is it to foresee the working and effect of ih a new provision in this State ; we respectfully submit that J safer and better course will be to concur in the judgment i practice of the past, and leave this matter where it now is, the Legislature, with power in them to make such changes i provisions as wisdom and experience may suggest, rather tn to enact a Constitutional provision, which it will be beyond I power of the people, without great expense and delay, to •eal or even modify, should the enforcement of the change nonstrate the propriety of so doing. WM. GORDON ROBERTSON, HILL CARTER, ROBT. W. BLAIR. Digitized byl (Google Digitized by Google REPORT ^HE COMMITTEE ON REDUCTION OF EXPENSES ON THE STATE DEBT. President of the Convention : respectfully recommend to the Committee on Taxation [nance that it prepare an ordinance requiring the Board king Fund Commissioners to retire or refund all bonds of ate bearing interest at the rates of six and four per cent, said board retires any additional bonds of the State g a less rate of interest, except in such cases where any ct or agreement may prevent the retiring or refunding of X or four per cent, bonds. Respectfully submitted, EUGENE WITHERS, Chairman. L^: Digitized by Google REPORT THE COMMITTEE ON REDUCTION OF EXPENSES AS TO EXAMINERS OF RECORDS. t President of the Convention : ) desire respectfully to submit as a supplemental report to sport as to Commissioners of Revenue, which was embraced r general report on county organization, that examiners of ds, as now constituted, were intended to be abolished when ^commended that the office of Commissioners of Revenue ade appointive. Respectfully submitted, EUGENE WITHERS, Chairman. r Digit^d by Goo^z Digitized by Google^ REPORT THE COMMITTEE ON REDUCTION OP EX PENSES ON CRIMINAL EXPENSES. the President of the Convention : Che Committee on Reduction of Expenses respectfully recom- nd that, should the Convention adopt the proposed plan of acting different subjects of taxation for State and county and f purposes, the criminal expenses should be borne by the re- ctive counties and cities of the State ; but should the Conven- a fail to adopt such a system of taxation, we respectfully recom- nd that the expenses of all misdemeanor trials be borne by respective counties and cities, and that the expenses of all my trials be borne by the State. Respectfully submitted, EUGENE WITHERS, Chairman, Digitized poogle Digitized by Google Report of Committee on Pre- amble, Bill of Rights, etc. To the President and Members of the Convention : Your committee, in part performance of its duties, respect- fully reports the following Preamble, Bill of Rights, and two other sections for insertion in the Constitution, and recommend the adoption of the same. The committee has adopted as a basis the Bill of Rights de- clared by the Convention of 1776, with only such alterations and additions as seem required by the changed conditions and circumstances of the State and its people. It is, however, deemed expedient and likely to prove of advantage and con- venience to the members of the Convention in considering the report, to point out the material changes and additions sug- gested by the committee, without any extended statement of the reasons therefor. The caption and sections one, two, three, four, seven, nine, ten, twelve, thirteen, fourteen, fifteen, and sixteen, constitu- ting twelve of the sixteen sections of the Bill of Rights of 1776, remain wholly without change and identical with the original, with the exception of the insertion of the word *' inalienable '' in the place of ''unalienable'' in section three. Section five has been changed by the addition of the word '* judicial " to the enumeration of the governmental powers which should be kept separate and distinct, and the omission of the words '* fre- quent, certain and" in the description of elections. In section six the words ** or damaged in" have been inserted between the words ''deprived of" and ''their property." Section eight has been modified by inserting a provision that no per- son shall be prrt twice in jeopardy for the same ofience, and the addition of a provision for facilitating the trials of criminal cases, while preserving inviolate the trial by jury in all cases -where the accused may desire it. Section eleven authorizes the General Assembly to prescribe any number less than twelve, but not less than seven, to constitute a jury for the trial of civil cases. To the Bill of Rights of 1776, the committee has added two Digitized by Google 2 COMMITTBS RBPORTS. other sections, seventeen and eighteen, which seem to it un- objectionable and necessary to present conditions. The committee has moreover adopted as the second section of the Constitution, the second section of the sixth article of the Constitution of the United States, with such slight modifica- tion as is necessary to conform it to its new position. The committee has, after much discussion, decided to omit the long historical recitals of all the preambles to former Con- stitutions, and has suggested a preamble which seemed prefer- able, in that it omits all reference to the anomalous proc^dings under which several of the Constitutions were put upon the people of Virginia during and after the war between the States. and makes none to any legislative powers over the present or any other Convention. The concluding clause of this preamble has been adopted in conformity with like clauses in the vast majority of the Con- stitutions of the other States, and does not, nor is it intended to, forestall or preclude any action which may be deemed wise and proper by the Convention in its submission. BERRYMAN GREEN, Chairrruin, ' HILL CARTER, N. B. WESCOTT, B. J. EPES, JNO. S. BARBOUR, P. W. CAMPBELL. CONSTITUTION. Whereas pursuant to an act of the Gteneral Assembly of Vir- ginia, approved March the fifth, in the year of our Lord nine- teen hundred, the question, ^' Shall there be a Convention to revise the Constitution and amend the same?" was submitted to the electors of the State of Virginia, qualified to vote for members of the General Assembly, at an election held through out the State on the fourth Thursday in May, in the year nba teen hundred, at which election a majority of the electors qualified voting at- said election did decide in favor of a ConveH tion for such purpose ; and Whereas the General Assembly at its next session did proTid by law for the election of delegates to such Convention, in pui suance whereof the members of this Convention were elected b; the good people of Virginia, to meet in Convention for sucl purpose. We, therefore, the delegates of the good people of Virginia so elected and in Convention assembled, do ordain and declan the future form of government of Virginia to be as foUoweth: Digitized by Google COMMITTBB REPORTS. 3 ARTICLE I. BILL OF RIGHTS. A declaration of Rights, made by the representatives of the good people of Virginia y assembled in full and free Convention, which rights do pertain to them and their posterity, as the basis and foundation of government. 1. That all men are by nature equally free and independent, and have certain inherent rights, of wnich, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity ; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. 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. 3. That government is, or ought to be, instituted for the com- mon benefit, protection and security, of the people, nation or community : of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladmistration ; and that, when any govern- ment shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal. 4. That no man, or set of men, are 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. 5. That the legislative, executive and judicial powers of the State should be separate and distinct ; and that the members thereof may be restrained from oppression, by feeling and par- ticipating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body frona which they were originally taken, and the vacancies be supplied by regular elections, in which all or any part of the former members shall be again eligible, or ineligible, as the la^w^ may direct. 6. That all elections ought to be free, and that all men, hav- ing sufficient evidence of permanent common interests with, and attachment to, the community, have the right of suffrage, and cannot be taxed, or deprived of, or damaged in, their pro- perty, for public uses, without their own consent, or that of Digitized by Google 4 COMMITTSB RSPORTS. their representatives so elected, nor bound by any they have not, in like manner, assented, for the j 7. That all power of suspending laws, or the laws, by any authority, without consent of the r of the people, is injurious to their rights, and oi exercised. 8. That, in all capital or criminal prosecution a right to demand the cause and nature of his ace confronted with the accusers and witnesses, to ca in his favor, and to a speedy trial by an impart vicinage, without whose unanimous consent he ca guilty ; nor shall any person be twice put in je< same offence ; nor can he be compelled to give evi himself ; that no man be deprived of his liberty, law of the land, or the judgment of his peers. Bi of guilty by the accused, or with his consent entc the court may hear and determine any criminal the intervention of a jury ; and the General Ass* law provide for the trial, by justices of the pet jury, of a man accused of any criminal offence n by death or confinement in the penitentiary, bu cases the General Assembly shall preserve the ri cused to an appeal and trial by jury in the appoll 9. That excessive bail ought not to be required fines imposed, nor cruel and unusual punishment 10. That general warrants, whereby an officer may be commanded to search suspected places wi of a fact committed, or to seize any person o named, or whose offence is not particularly desc: ported by evidence are grievous and oppressive to be granted. 11. That in controversies respecting property between man and man, atrial by jury is preferabl and ought to be held sacred ; but the General A by law, prescribe any number less than twelve, than seven, to constitute a jury. 12. That the freedom of the press is one of 1 warks of liberty, and can never be restrained b governments. 13. That a well regulated militia, composed ( the people, trained to arms, is the proper, naturj fence of a free State; that standing armies, in i should be avoided as dangerous to liberty ; and tl the military should be under strict subordinatio erned by, the civil power. 14. That the people have a right to uniform and, therefore, that no government separate £ Digitized by CjOOQ-IC COMMITTBB REPORTS. 5 pendent of, the government of Virginia ought to be erected or established within the limits thereof. 15. That no free government, or the blessing of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, frugality and virtue, and by frequent recurrence to fundamental principles. 16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by rea- son and conviction, not by force or violence ; and, therefore, all men are equally entitled to the free exercise of religion, ac- cording to the dictates of conscience ; and that it is the mutual duty of all to practice Christian forbearance, love and charity towards each other. 17. That neither slavery or involuntary servitude, except as lawful imprisonment may constitute such, shall exist within this State. 18. The rights enumerated in this bill of rights shall not be construed to limit other rights of the people not therein ex- pressed. ARTICLE II. SUPREMACY OP THE UNITED STATES CONSTITUTION. The Constitution of the United States, and the laws 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. ARTICLE III. DIVISION OP POWERS. The legislative, executive, and judiciary departments shall be separate and distinct, so that neither exercise the powers prop- erly belonging to either of the others ; nor shall any person ex- ercise the power of more than one of them at the same time, except as hereinafter provided. Digitized by Google Digitized by CjOOQ IC MINORITY REPORT OF THE COMMITTEE ON PREAMBLE, Etc. To the Honorable Ptesi^ent and Members of the Convention : Being unable to concur in the report of the Committee on the Preamble and Bill of Rights because of the amendments of the latter made by the majority, and because of the elimination from the former of the customary recitals, uniformly heretofore containad in the preambles adopted by all the Constitutional Conventions of this Commonwealth, the undersigned beg re- spectfully to submit a minority report, and to recommend the adoption by the Convention of the Preamble and Bill of Rights appended hereto in the words and figures following, to-wit : PREAMBLE. Whereas the representatives of the good people of Virginia, in Convention assembled, on the 12th day of June, 1776, did adopt a declaration of rights in the following words : A Declaration of Rights made by the representatives of the good people of Virginia, assembled in full and free Convention, which rights do pertain to them and their posterity as the basis and foundation of government. 1 . That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by compact deprive or divest their posterity, namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pur- suing and obtaining happiness and safety. 2. That all power is vested in, and consequently derived from , the people ; that magistrates are their trustees and ser- vants, and at all times amenable to them. 3. That government is, or ought to be, instituted for the com- mon benefit, protection and security of the people, nation or community ; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against Digitized by Google 2 COMMITTBB RBPORT8. the danger of maladministration ; and that, when any govern- ment shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, insach manner as shall be judged most conducive to the public weal. 4. That no man, or set of men, are entitled to exdusiye 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. 5. That the legislative and executive powers of the State should be separate and distinct from the judiciary, and that the members of the two first may be restrained from oppression bj feeling and participating the burdens of the people, they should, at fixed periods, be reduced to private station, return into that body from which they were originally taken, and the vacancies to be supplied by frequent, certain, and regular elections, in which all, or any part of the former members, to be eligible, or ineligible, as the laws shall direct. 6. That elections of members to serve as representatives of the people in assembly, ought to be free, and that all men having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of sufi&age, and cannot be taxed or deprived of their property for pubhc uses without their own consent, or that of their representative so elected, nor bound by any law to which they have not in like manner assented, for the public good. 7. That all power of suspending laws or the execution of laws by any authority, without consent of representatives of the people, is injurious to their rights and ougbt not to be exercised. 8. That in all capital or criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty ; nor can he be compelled to give evidence against him- self ; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers. 9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. 10. That the general warrants, whereby an officer or messen^ ger may be commanded to search suspected places withoot evidence of a fact committed, or to seize any person or perscmt not named, or whose ofi'ence is not particularly described and supported by^evidence, are grievous and oppressive and ou^Kt not to be granted. Digitized by Google OOMMITTEB RBPORTS. 8 11. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred. 12. That the freedom of the press is one of the great bul- warks of liberty, and can never be restrained but by despotic governments. 13. That well regulated militia, composed of the body of the j)eople trained to arms, is the proper, natural, and safe defence of a free State ; that standing armies in time of peace should be avoided as dangerous to liberty ; and that in a]l cases the military should be under strict subordination to, and governed by, the civil power. 14. That the people have a right to uniform government ; and therefore, that no government separate from, or independ- ent of, the government of Virginia ought to be erected or es- tablished within the limits thereof. 15. That no free government or the blessings of liberty can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by a fre- quent recurrence to fundamental principles. 16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by rea- son and conviction, not by force or violence ; and therefore, all men are equally entitled to the free exercise of religion, ac- cording to the dictates of his conscience, and it is the mutual duty of all to practice Christian forbearance, love, and charity toward each other ; and Whereas the said representatives, on the 29th day of June, 1776, did, therefore, ordain and declare the Constitution and form of government for Virginia, prefixing thereto a preamble as follows : Prbamblb of Constitution Unanimously Adopted on June 29th, 1776. 1. Whereas George the Third, King of Great Britain and Ire- land, and Elector of Hanover, heretofore entrusted with the exercise of the kingly office in this government, hath endeav- ored to pervert the same into a detestable and insupportable ty- ranny, by putting his negative on laws the most wholesome and necessary for the public good ; by denying his governors I>ennission to pass laws of immediate and pressing importance, unless suspended in their operation for his assent, and, when so suspended, neglecting to attend to them for many years ; by refusing to pass certain other laws, unless the persons to be benefited by them would relinquish the inestimable right of representation in the Legislature ; by dissolving legislative as- Digitized by Google 4 COMMITTBB RSPORTS. semblies repeatedly and continually, for opposing with maQ}| firmness his invasion of the rights of the people ; when dii solved, by refusing to call others for a long space of tim^ thereby leaving the political system without any legisladn head ; by endeavoring to prevent the population of our country, and, for that purpose, obstructing the laws for the naturaliai tion of foreigners ; by keeping among us in time of peart standing armies and ships of war ; by affecting to render tli^ military independent of , and superior to, the civil power ;bj combining with others to subject us to foreign jurisdictioaj giving his assent to their pretended acts of legislation; fo^ quartering large bodies of armed troops among us ; for cuttinj off our trade with all parts of the world ; for imposing taxH on us without our consent ; for depriving us of the benefits (A the trial by jury ; for transporting us beyond seas, to be tried for pretended offences ; for suspending our Legislatures and d^ daring themselves invested with power to legislate for us in all cases whatsoever ; by plundering our seas, ravaging our coasts] burning our towns, and destroying the lives of our people; bj inciting insurrections of our fellow subjects, with the all ments of forfeiture and confiscation ; by prompting our xn to rise in arms among us, those very negroes, whom, by an human use of his negative, he hath refused us permission exclude by law ; by endeavoring to bring on the inhabitants oj our frontiers, the merciless Indian savages, whose known ruh of warfare is an undistinguished destruction of all ages, sexes and conditions of existence ; by transporting at this time, t large army of foreign mercenaries, to complete the works oi death, desolution, and tyranny, already begun with circmn stances of cruelty and perfidy unworthy the head of a civilized nation ; by answering our repeated petitions for redress with a repetition of injuries ; and finally, by abandoning the helm oi government, and declaring us out of his allegiance and protw- tion ; by which several acts of misrule, the government of this country, as formerly exercised under the crown of Great BritainJ is totally dissolved ; and Whereas a Convention of duly elected delegates, assembled in the city of Richmond on the first Monday in October, in A^ year 1829, did adopt the said bill of rights without amendmenn and did, on the 15th day of January, 1830, adopt and prop« to the people of this Commonwealth, an amended Constitutid and form of government, which was ratified by them ; and J Whereas in pursuance of the Acts of the Cfeneral Assemhn passed the 4th day of March, 1850, and the 13th day of Mardi 1851, a Convention of delegates elected by the people to consijh^ and propose a new Constitution, or alterations in the existim Constitution, did assemble in Richmond city on the 14th d&y ci Digitized by VjOOQ IC eOMMITTBB REPORTS. 5 October, 1850, and, on the Ist day of August, 1851, did adopt the said Bill of Rights, with slight amendments and did adopt and submit to the people an amended Constitution, which was ratified by them ; and WTiereas in pursuance of an Act of Congress passed on the 2d day of March, 1867, and Acts supplementary thereto, dele- gates were elected to a Convention to revise and amend the Con- stitution and submit the same to the qualified voters, for ratifi- cation or rejection, and the said delegates, in Convention as- sembled in the city of Richmond, did adopt the said Bill of Rights with some abnormal and incongruous amendments, and did adopt an amended Constitution, and the same, except cer- tain sections thereof, was afterwards ratified by the people ; and Whereas in pursuance of Acts of the General Assembly, ap- proved March 5, 1900, and February 16, 1901, delegates were elected by the people on the fourth Thursday in May, 1901, to a Convention to be held in Richmond, on the 12th day of June, 1901 , to revise and amend the existing Constitution and submit the revised and amended Constitution to the people for ratifica- tion or rejection. We, therefore, the delegates of the good people of Virginia, elected and in Convention assembled in pursuance of the Acts of the Gteneral Assembly in the recital last above-mentioned, have , after due and earnest deliberation, adopted, and do now propose to the people, for their ratification or rejection, the following amended Constitution and form of government for the Com- monwealth of Virginia, incorporating therein, as a part thereof, the said Declaration of Rights as amended. ARTICLE I. BILL OP RIGHTS. A Declaration of Rights made by the representatives of the good people of Virginia, assembled in full and free Convention, which rights do pertain to them and their posterity as the basis and foundation of government. It will be seen that in this preamble is incorporated the bill of rights, adopted on the 12th of June, 1776, by the first Con- vention that ever assembled in Virginia, if not in the world, to frame a Constitution and form of government for a people de- termined to preserve their rights and liberties, just as it was tjhen. framed by its immortal author, while with the report of the committee we have only certain sections, as then framed, ^nd the others changed to suit, it is said, present conditions. rhe great principles proclaimed by the original bill are suitable x> all times and all conditions, among any people who are Digitized by Google 6 OOMMITTBB REPORTS worthy of self-goyemment. None of these principles, nor the celebrated declaration of them by the fathers of the Republic, should suffer impairment at the hands of the Convention. These unchangeable principles of all just government, though crushed to earth and trampled on for a while, are dearer than ever to the hearts of Virginians, and are destined to live while truth and virtue have votaries. Far be it from the undersigned to impute to the majority of the committee, any less love and respect for, these principles than the minority claim and own to. They have been actuated by none but the highest motives, and the sincerest desire to promote the best interests of the people of Virginia. But it is respectfully and earnestly insisted that grave mistakes haTe been made. The omission from the preamble of the celebrated arraignment of George the Third, and declaration of the dissolution of his rule and government in Virginia, the percursor of the more celebrated Declaration of Independence of the United Colonies, following on its heels, of both of which, Virginia's great son, Jefferson, was the author, an arraignment that was prefixed to the Constitution adopted on the 29th day of June, 1776, and to every Constitution since adopted in Virginia, looks almost like sacrilege, and will excite in the minds and hearts of the people a feeling akin to that aroused by the proposed elimination of the word ** Christian " from the bill of rights. And why should not this bill as framed by Mason, and which without the change of a word was by the great men who sat in the Convention of 1829-30, adopted and prefixed to the Constitution they framed, be also incorporated in the preamble, or otherwise prefixed to the Constitution now to be framed ? There is nothing in the bill making it proper or necessary t^ insert in the sixth section the words ** or damaged in ;" and the criticism of the work of Mason, conveyed by this interpolatiou, is uncalled for. Still more objectionable are the amendments to the eighth section. No person was ever liable, under the law of the land, well known to Mason and his compatriots, to be twice put in jeopardy for the same offence. Why forbid a thing that was already interdicted — a thing that could never occur in Virginia; unless, indeed, by virtue of the other amendments of this ac- tion, commencing with **but" where it follows ** peers/' s person may be subjected to that liability in the future, as he certainly may be deprived by them, of '' the right to a speedy trial by an impartial jury," even in cases where conviction may result in imprisonment in jail for twelve months, and in thi imposition of fines not exceeding $1,000, and also in the forfei- ture of property. Digitized by VjOOQIC COMMITTBB RBPORTS. 7 While^ at the time of the enactment of the original Bill of Rights, petty misdemeanors involving petty fines, were cog- nizable by a justice, according to the known law of the land, and continued to be so cognizable, without any violation of the right of trial by jury intended to be secured by that instru- ment ; such misdemeanors as involved imprisonment were not so cognizable. No change in conditions should induce us, in order to curtail expenses, or on any other account, to give up or surrender the inestimable right to a trial by jury, in any case involving the imprisonment of the culprit. We are not proposing to make a Constitution for to-day only : and present conditions should not too much influence us. The lapse of years may be attended by great changes in conditions, and ia what we now propose, we may be teaching bloody in- structions, that being taught may return to plague the inven- tors ; and even-handed justice may commend the ingredients of our poisoned chalice to our own lips. Not less obnoxious to vehement criticism, nor in less glaring contravention of doctrines vindicated by all experience, and em- balmed by the teachings and the wisdom of the fathers, is the assault upon the jury trial in civil cases, authorized by the pro- posed amendment to the eleventh section. With an earnestness and in language that cannot be improved upon, that section as it came from the hand of Mason declares: ''That in contro- versies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred." Mason and his compatriots embraced this right among ** the rights that do pertain to the good people of Virginia ;" among the rights that they declared were '* inherent rights, of which, when men enter into a state of society, they cannot, by any compact, deprive or divest their posterity;" and, yet, this Convention is now asked to commit this inherent and embalmed right to the whims and caprices of ordinary legislators, as, from time to time, they may assemble and act. Further to show in what high estimation this ancient trial by jury was held by the fathers ; how essential to the protection of the rights of the people they regarded it ; we may be per- mitted to call attention to the fact that the illustrious Virgin- ians of the Convention held in 1 787 to consider the Constitu- tion that had been framed for the United States, with one accord, insisted that an amendment be made to that Constitu- tion, securing the right of jury trial in all civil cases involving more than $20 in value. The trial by jury thus revered and secured, is the trial by a jury of twelve good men, not a trial by seven, nor any num- ber less than twelve. Let us not, for a mere matter of dollars and cents*, barter away this tribunal, so long and so justly re- Digitized by Google 8 COMMITTBB BBPORTS. garded as the great palladium of the rights and liberties of the people y nor commit its preservation to the uncertain action of any legislature. An age of material prosperity, and corpOTate and monopolistic growth and expansion, brings along with it a hot and reckless spirit for pecuniary accumulation, which im- pels the avaricious to pay little heed to the rights of others ; and the gigantic trusts and corporations that now exist are not credited with being great sticklers about the means employed to accomplish their purposes. This is not, therefore, a time, if there can ever be such a time, when the people can be easily persuaded to consent to any frittering away of that tribunal which has ever been the great bulwark of protection against the oppressions of the strong, and the machinations of die vicious and reckless. The amendments of the fifth, sixth, eighth and eleventh se^ tions of the Bill of Rights made by the Convention of 1850- 51, served, perhaps, to make plainer the meaning of the sections as originally framed, the amendments of the eighth and eleventh, consisting simply, in the substitution of ** jury of twelve men," for *' jury, and ancient trial by jury,'' and neither these nor the other amendments effecting any change in the true meaning and sense of the original, the undersigned can see no objection to them. The seventeenth and eighteenth sections, added by the com- mittee, contain declarations of a fact and a principle that no body can dispute or gainsay, and they are, therefore, unneces- sary, but the undersigned make no objection to them. Respectfully submitted, W. B. PETTIT. A. L. PEDIGO. Digitized by Google REPORT OF COMMITTEE ON REDUCTION OF EXPENSES. To the President of the Constitutional Convention : We, the committee appointed by resolution passed on the 25th day of June, 1901, and amended by the Convention on the 13th day of July, 3901, to investigate the question of the possibility of a reduction of expenses in the State, county, and municipal governments of Virginia and to report recommendations in ac- cordance therewith, would respectfully report, pursuant to said resolution as amended, that we have first taken up the execu- tive department, and after an investigation into the costs of same and of each oflSce, constitutional and legislative, embraced in that department, which examination embraced the question- ing of many of the executive oflBcers, would respectfully report the following recommendations : 1. We recommend a reduction in the salary of the Governor of the State from five to four thousand dollars, to take effect January 1, 1906. We do this because we deem it suflicient. The salary of the Governor of Virginia, as now paid, exceeds the salary paid the chief executives of any other Southern States, except Kentucky, Louisiana, and Missouri. The sala- ries of the chief executives of Louisiana and Missouri are five thousand dollars each, while the salaries of States like Texas, Alabama, Georgia, Tennessee, Michigan, Iowa, Mississippi, Connecticut and Arkansas, and many others, are all less than the salary of the Governor of Virginia. The salary paid our chief executive is exceeded in amount only by the salaries paid the Governors of New Jersey, New York, Pennsylvania, Massa- chusetts, Ohio, California, Illinois and Kentucky, and equalled only by the salaries paid in Colorado, Indiana, Louisiana, Min- nesota, Missouri, Montana and Wisconsin. Besides the salary paid our Governor, a mansion is furnished, a messenger, proper clerical assistance, fuel, ice, gas, water, and a large contingent fund limited to ten thousand dollars, whiqh latter, though ap- propriated by the Legislature, should, in our opinion, be re- duced to five thousand dollars. Digitized by Google 2 COMHITTSB KKP0KT8. 2. We recommend the abolition of the office of Second Auditor. We do this because the Second Auditor has now to do with only the payments of the interest on the public debt, the literary fund, the Miller fund, and the two hundred thou- sand dollars annually appropriated by the State to the public schools and some routine work, and we believe that eadi and all of these duties can be acceptably and properly performed by the addition to the clerical force of the Auditor of Public Ac- counts, of an efficient and competent clerk. 3. We recommend the abolition of the office of Railroad Com- missioner. We recommend that this office be abolished becaose we believe the law creating it is so defective as to render i( practically useless to the people of the State, and we farther believe that, as long as it exists, it will remain an impediment to the creation of a proper railroad commission with plenary powers. 4. We recommend that the office of Public Printer be abol- ished, and the placing of its duties under the supervision and control of the Secretary of the Commonwealth. 5. We recommend the abolition of the office of Register of the Land Office and the consolidation of its duties with the office of Secretary of the Commonwealth. We do this because Ae duties of Register of the Land Office are very light, as are likewise the duties of the Secretary of the Commonwealth, but we believe it will be necessary to retain the latter, especiiJIy should this Convention adopt a general incorporation law for private corporations, and we do not believe from our investiga- tion that a consolidation of the duties of these two oflBces will necessitate an increase in the clerical force in the office of the Secretary of the Commonwealth as now constituted. 6. We further recommend, as hereinbefore set forth, that the duties of the Register of the Land Office be assigned to the Secretary of the Commonwealth ; that he be made keeper of the rolls of the State of Virginia; that he be paid a fi^ salary, and that the gross amount of all fees paid be required to be paid to the Treasurer of the State of Virginia without any commissions. This latter clause as to fees will assume a special importance should this Convention adopt a general in- corporation law for private corporations. 7. We further recommend that every executive officer of the State, whether mentioned herewith or not, except the supmn- tendent of the penitentiary, be elected by the people for a term of four years. 8. We further recommend that every executive officer of tins Commonwealth be paid a fixed salary, with no fees or other perquisities attached thereto, except as hereinbefore pro- vided. Digitized by Google COMMITTEE REPORTS. 3 9. We further recommend that every clerk in the office of the Auditor of Public Accounts, the Treasurer, and the Secretary of the Commonwealth shall be by the Constitution made bonded officers. Respectfully submitted, EUGENE WITHERS, Chairman, Digitized by Google Digitized by Google MINORITY REPORT OF COMMIT- TEE ON REDUCTION OF EXPENSES. Richmond, July 25, 1901. To the PreHdent of the Constitutional Convention : The undesigned, members of the Committee on Reduction of Expenses, beg leave respectfully to report to the Convention that they concur in all the recommendations of the majority re- port on the executive department, which was presented on the 23d, except recommendations one and seven (referring to a re- duction of the salary of the Governor ; limiting the amount of the contingent fund, and the election of Auditor and Treasurer by vote of the people.) As these reports are referred to the respective standing com- mittees, we deem it unnecessary to give any extended reasons for our disapproval of the same, but should the Committee on the Executive Department desire these reasons, we will appear before them at any time they may deem proper. JOSEPH STEBBINS, H. P. CRISMOND, J. M. WILLIS. Digitized by Google Digitized by Google REPORT OF COMMITTEE ON REDUCTION OF EXPENSES. To the President of the Conetitviional Convention : The Committee on Reduction of Expenses respectfully oflfer the following recommendations with regard to changes in the Legislative Department of government : 1. We recommend that section six of Article V of the Con- stitution be so amended that the General Assembly shall meet on the second Wednesday in January next succeeding their election, and that the word '* sixty " be substituted for the word "ninety'* in the fourth line of said section, so as to provide for sessions of the Legislature of sixty days length instead of ninety days^ but this recommendation makes no change as to the extension of the session by a concurrence of three-fifths of the members elected to each house, and this amendment should not apply to the first General Assembly assembling after the adoption of this Constitution. 2. We also recommend that section eight of the same article be so amended as to provide that members of the General Assembly shall receive pay for sixty days only at a regular ses- sion, and thirty days only at a special session, but this amend- ment should not apply to the first General AiBsembly assembling after the adoption of this Constitution. 3. We further recommend that the Secretary of the Common- wealth be made the keeper of the rolls of Virginia, and that the General Assembly be prohibited from making any of the clerks of the house or of the senate annual officers, that such clerks may be confined to the proper clerical duties of their re- spective bodies. 4. Sections 207 and 210 of the Code should be so controlled by the Constitutional provision or amendment making the Sec- retary of the Commonwealth the keeper of the rolls of Virginia as to provide that all books, maps, records, etc., now required to be kept by the clerks of the house or of the senate shall be delivered by them at the end of each session of the General Assembly, after being indexed, to the Secretary of the Com- mon^wealth, to be by him preserved and turned over to the respective clerks of each house as chosen by the next General ABsembly. Digitized by Google 2 COMMITTEE REPORTS. 5. We further respectfully recommend to the consideration of the Committee on the Legislative Department the excessive cost of the clerical force of the General Assembly, which, ex- cluding all sums paid to other employees, such as pages, jani- tors, door-keepers, etc., amounts to $12,200.00 per session, and we respectfully recommend to said committee the advisability of reducing and limiting same. Respectfully submitted, EUGENE WITHERS, Chairman. Digitized by Google REPORT OF COMMITTEE ON REDUCTION OF EXPENSES. To the President of the Convention : The Committee on Reduction of Expenses beg leave to sub- mit the following recommendations as to the judiciary system of the State : 1. We recommend that the entire county court system be abolished. 2. We recommend that the circuit court system, as now con- stituted, be abolished. 3. We recommend in the stead of the present circuit and county court systems the following : The division of the State into twenty circuits, each of which circuits shall have a presiding judge who shall receive a salary of two thousand dollars per annum ^ and two hundred and fifty dollars |>er anni^m for expenses, in lieu of the present mileage allowance. £ach circuit shall have a prosecuting attorney, whose salary shall be fifteen hundred dollars per annum^ with an allowance of one hundred and fifty dollars per annum for exx)enses, who shall perform the duties of the present Commonwealth's at- torney. 4. That there shall be held in each county of each circuit not less than three terms per annum, and such other terms as may be found necessary for the convenient despatch of the business of the court ; and terms may be designated for the trial of civil or criminal causes. 5. That the Legislature have power hereafter to create such additional ixrts in cities or towns of less than twelve thousand, five hun- Digitized by Google 2 GOMMITTBB REPORTS. dred inhabitants be abolished ; and that the jurisdiction of such courts so abolished be conferred upon the circuit court of the district in which such city or town is located ; and that the question of whether or not a circuit court shall be established and held in such city or town shall be determined by law. 8. The above recommendations, in our opinion, should not take effect until January 1, 1904, the end of the present term of the county court judges, and we recommend that the circuit court judges, whose terms will expire January 1, 1903, be allowed to hold over until this recommendation, if adopted, takes effect. The terms of the corporation courts, recommended in this report to be abolished, begin and end at separate times, and no uniform provision can be made as to when their terms shall expire ; and we leave this matter to the wisdom of the Judiciary Committee. 9. If this recommendation takes effect, it will result in the abolition of the corporation courts of Bristol, Buena Vista, Charlottesville, Fredericksburg, Manchester, Radford, Staun- ton, and Winchester. It will result, therefore, in the diminish- ing of the officials of our judiciary system as follows : Eight corporation judges, eighty-five county judges, one hun- dred and eight corporation and county clerks, and one hundred and eight Commonwealth's attorneys, as well as the aboUtion of our present circuit court system, and in the stead thereof we recommend the substitution of twenty circuit judge8, and twenty prosecuting attorneys, which will, of course, necessitate a clerk for each county or city wherein a circuit court is held. 10. We further recommend that in all cities in which corpo- ration or other city courts are retained there shall be held no term of the circuit court, unless and except a city shall have a population of forty-five thousand, in which case, or cases, such city or cities shall be made and constituted a part of contiguous circuits. 11. We are of the opinion that the changes recommended in the judiciary system will result in a very large and substantial reduction of the expenses thereof, without impairing its effi- ciency. Respectfully submitted, EUGENE WITHERS, Chairman. Digitized by Google REPORT OF A MINORITY OF THE COMMITTEE ON THE ELECTIVE FRANCHISE, QUALIFICATION FOR OFFICE, BASIS OF REPRESENTATION AND APPORTIONMENT, AND ON ELECTIONS. WITH RESPECT TO THE ELECTIVE FRANCHISE WITH ARTICLE APPENDED. To the Hon. John Goode, President of the Convention : The undersigned, a minority of the Committee on the Elec- tive Franchise, &c., respectfully submit the following report, in which they dissent in some material respects from the report made by a majority of -the' committee, and recommend as a substitute therefor the proposed article of the Constitution which is appended to this report : OUTLINE OP ARTICLE. The article which we recommend provides the following quali- fications for the voter : First. That he be a male citizen twenty-one years of age. Second. Residence in the State two years, in the county or city one year, and in the voting precinct thirty days. Third. Payment by him, at least six months prior to the election, of the poll-tax of one dollar and a half ($1.50) for the year preceding the first election in 1903, to which it is to be applied ; and after that time requires that all poll-taxes for every preceding year, which shall have become due and payable under and by virtue of this Constitution, shall have been paid. Fourth. That he shall be registered as may be provided by laiv-. Fifth. That if registered after the adoption of this Consti- tution, and prior to January 1, 1904, he shall (1) have hereto- fore served in time of war in the military or naval forces of the United States, or of the Confederate States, or of one of the 7 Digitized by Google 2 COMMITTEB REPORTS. States of the United States ; or (2) be able to read any aectio of the Constitution of this State, submitted to him by the regk tration officers, or to understand the same when read to inn or to give a reasonable explanation thereof ; or (3) he sliai have paid to the State taxes, for the year preceding that i which he offers to vote, as much as one dollar on propert owned by and assessed against him. All citizens registered under the foregoing qualifications, cos tinue to be electors as long as they maintain the qualificatioB required under this article, and are free from its disqualifies tions, and they are not required to make application in writiiij to be registered, and may be aided in preparing and depositini their ballots when these provisions come in force hereafter. After January 1, 1904, the reading or understanding orei plaining any section of the Constitution of the State an dropped, and every person not previously registered under tb foregoing provisions must, in addition to the qualifications o age, residence, and prepayment of poll-tax, make applicatiw for registration in their own handwriting, and must prepare am deposit their own ballots without aid from another, unless thej have served in time of war or are blind or physically disquali fied. It will be seen from this statement that persons now qualified to vote are preserved in the electorate if they can read aw understand or reasonably explain any section of the ConstiUi tion, while only those who come in as voters after that timj must be able to write and to prepare and deposit their owi ballots. It will be observed that while the article submitted by th< minority provides that no man who has paid one dollar in taxa for the preceding year to the State on property owned by aiMJ assessed against him, shall be deprived in any event of tbi right to be registered as a voter on the permanent roll made uj before 1904, whether he can read or understand or explain anj section of the Constitution of the State or not, we do not ii any sense make the ownership of property a prerequisite U vote, as contradistinguished with educational qualifications, oa as contradistinguished with the intelligence that can under stand or explain a section of the Constitution of the State And it will also be observed that these qualifications are all sc stated as to enlarge, and not to restrict suffrage. The prepayment of taxes on property like the reading, und«^ standing, or explaining any section of the Constitution of thti State, are applicable only to the present electorate. I The qualifications thus set forth give abundant evidence o the voter's permanent common interest with and attachment t( the community, and connect him by his contribution to tin Digitized by Google OOMMITTBS HBPOSTS9 3 treasury which it is anticipated will be appropriated to the pub- lic schools, with an institution that quickly returns to him a benefit in the education of the children of the State, and dif- fuses intelligence throughout its borders. Comparing the majority report with this report, it will be seen that they concur : 1. In requiring the prepayment of a capitation tax after Jan- uary 1, 1903, six months before the election, with the exception that in the minority report the prepayment of all poll-taxes in subsequent years is required. 2. In fixing the residence of the voter in this State two years, in the county or city one year, and in the precinct thirty days. 3. In requiring the registration of voters. 4. In exempting those who have served in the military or naval forces from the capitation tax as a prerequisite to vote, and from other qualifications save those of age and residence. 5. And including those who have paid one dollar in taxes on property owned by and assessed against them for the previous year, whether they be literate or illiterate ; the minority report placing them on the same footing as others if they do not reg- ister prior to 1904. Those who are qualified under the majority report can cross the border line into another State as readily as those who are qualified by this report, and it is admitted by the majority report that the test of employment for three months of the pre- vious year *• permits " (to quote their language) , '• easy removal from, and abandonment of the State." Here the reports part : Instead of requiring the reading, understanding, or explain- ing any section of the Constitution, the majority report requires all of the electors, consisting of 301,379 white men over 21 years of age, and 146,122 colored men, in all 447,501 persons, with the exception of two classes below stated, to show that they are 1. **Able to give a reasonable explanation of the general nature of the duties of the various officers for whom they may at any time under the laws then existing be entitled to vote," and in addition thereto, that 2. "If physically able, they shall have indicated their sub- stantial attachment to, or identification with this State, by having been regularly employed or engaged in a lawful trade OT profession, business, calling, work or service for at least one- f oixrth of the year next preceding that in which they offer to rote." The two classes excepted by the majority report are those 1* *' Who have served in time of war in the army or navy of Digitized by Google 4 OOKKtTTBS tCEPORTSy the United States, or of the Confederate States, or of any State of the United States," and also of those 2. " Who or whose wives shall have paid to the State, taxes for the year preceding that in which they offer to vote, amount- ing to as much as one dollar on property owned by and assessed against them or their wives." We have no means of knowing, have no information fur- nished, and find it difficult to speculate upon the number of persons who would be affected by these provisions. It is ap- parent, however, that all but the vague and undefined number of the present electors who have served in the military or naral forces, or who or whose wives have paid the one dollar property tax for the previous year, would have to pass before the reg- istration officers in showing their ability *' to give a reasonable explanation of the general nature of the duties of the various officers for whom they may, under the laws then existing, at any time be entitled to vote," and also in showing that they were " employed or engaged in a lawful profession, trade, business, calling, work, or service for one-fourth of the next preceding year," as heretofore specified, whatever might be their qualifications as to reading and writing, and however they may '* have crowned their days with industry/' This two-fold qualification recommended by the majority of three months regular employment for the previous year, and ability to ex- plain the duties of the various elective officers, operates in each provision as a restriction on the other provisions, for they are not in the alternative but cumulative. Those who have been three months in regular employment cannot register or vote unless they have also shown their ability to explain the duties of elective officers, and those who have the ability to explaia the duties of those officers cannot register or vote unless they have been three months of the year previous in regular employ- ment. How these clauses reacting on each other would operate it is difficult to foresee. The minority have embodied the clause adn^itting to the suf- frage for the next two years and until January 1, 1904, those *' Who are able to read any section of the Constitution of the State, or understand the same when read to them, or to give a reasonable explanation thereof.'' For the purpose of giving just consideration to the present electors concurring iu the language of the minority that, *' As the State is, in a most generous way, providing for the education of the people, and as the present efficient system ol public education has existed in the State for nearly one genera- tion, it is not considered unjust to require an educational pre- requisite to voting of those persons who shall register subse- Digitized by Google COMMITTEE HBPOSTS. 5 quent to January 1, 1904. It is not applied at once in defer- ence to those still living who have had no opportunity to secure an education.*' Our view is that those who can read ought not to be excluded when a provision is made which embraces those who can not. We concur with the majority of the committee in saying that to avoid the evils of an improper and objectionable ad- ministration we have provided for a board of three commis- sioners of registration to be appointed by the judge of the circuit court, who shall pass on the qualifications of the elector and for an appeal at the instance of any person claiming to be improperly excluded. We believe that in this way provision as to a temporary clause in this report admitting to suffrage those who can read, understand or explain any section of the Constitution of the State is safeguarded against maladminis- tration. THE PLAN OF THE MAJORITY REPORT IN FULL. The majority plan requires : 1. The prepayment of the capitation tax of $1.50 six months before the election applicable on elections after January 1, 1903. 2. Residence in the State two years, in the county one year, and in the precinct thirty days. 3. The registration of the voter as may be prescribed by law. 4. That he shall be able to explain the general nature of the duties of the various officers for whom he may at any time under the laws be entitled to vote. 5. That he shall have been engaged, if physically able, for at least one-fourth of the time during the year next preceding that in which he offers to vote, in a lawful trade, professsion, business, calling, work or service. It then, without dropping the other qualification with respect to ability to explain the duties of elective officers, added to that iwhich carries with it the requirement of three months employ- ment in the State during the previous year, cumulates upon tliose qualifications the two additional requirements to take effect on the first of January, 1904, that the voter shall after tliat time 6. Make application to register in his own handwriting. 7. And shall prepare and deposit his ballot without aid from Another. The clause which the minority recommend requiring for two years and up to January 1, 1904, that the voter shall be " Able to read any section of the Constitution of the State, or to understand the same when read to him, or to give a reasonable explanation thereof/' Digitized by Google 6 COMMITTBB REPORTS. Has advantages oyer the duplex clause of the majority re- port which connects together the ability to explain the datiea of elective oflEicers, and three months employment for the pre- vious year in these respects : 1. It is simpler and more definite. 2. It removes from administrative operation 334,242 citizens of the State who can read, of whom 265,000 are whit^ men and leaves less than a fourth of those of electoral age to show that they can understand or explain reasonably any section oi the Constitution when read to them. 3. It has passed under the adjudication of the Supreme Court of the United States in the case of Williams vs. Mississipp (170 U. S. 213) , where the tribunal unanimously held it to constitutional, there being only a slight verval variation in t clause which we recommend from that in the Constitution Mississippi which was under adjudication in the case abo^ quoted. 4. It is the least objectionable of any plan suggested or tiiaH in our opinion can be conceived with respect to the present electors. 5. And what is of high importance, it is used only tempo rarily while the majority plan superimposes their corresponding clause upon the tests of written applications for registration] and upon the tests of written applications for registration, and upon the preparation and depositing the ballot by the voter and preserves it as a permanent part of the electoral system Tests of voting should be as definite as possible. As litde should be left to administration as possible. And in our per manent system we should as far as practicable embody thoae tests which can be automatically and self-evidently manifested This report recommends as the permanent requirements ol suffrage for those who are registered after 1904 educational qualifications coupled with two years residence in the State and the prepayment of all capitation taxes which are payable six months before any election. It may be admitted that education is not conclusive evidenj of fitness for the exercise of suffrage, but if this be true, a limited sense, as to individuals who are educated, it is true of particular individuals of every other class that can defined by law whether property holders or non-property hold ers, tax-payers or non-tax-payers, whether employed or m employed. And it should be considered that education regards with reference to masses of men gives those who possess il great superiority over those who do not possess it. There afl indeed illiterates of capacity and character, and there are per sons of education who do not possess either qualification, ye it must be conceded that in drawing any arbitrary and genera Digitized by Google COMMITTBB RBPOSTS. 7 line, that there must be unavoidable exceptions which, never- theless, do not destroy its utility. General intelligence, as compared to ignorance, is undoubtedly the great line of demar- cation between progressive and non-progressive, uncivilized and civilized peoples. So clearly is this the case that the majority, of the committee while recognizing education in a three-fold form in the permanent requirements for suffrage, express the opinion, in which we concur, that it is both " unadvisable and impracticable '' to recommend a property qualification. Education is certainly a more rational and reliable test than the mere payment of a dollar tax. The question before us is not one of ideality or one of perfection, but one of practical application in a Commonwealth in which diverse popula'tions are unevenly distributed ; in which interests are vastly diversi- fied, and in which what suits one section is not so acceptable to other sections differently situated, and in which we should proceed upon lines which will have a fair and just regard to the interests of the whole. The States of Mississippi and South Carolina have adopted suffrage clauses to meet even more acute conditions than exist in this Commonwealth. Neither of them felt that it was necessary or expedient to go beyond the payment of taxes and an educational qualification, and in each of them payment of a capitation tax and an educa- tional qualification are the chief features. One of them, Mis- sissippi, has reading as its highest educational qualification in its permanent basis of suffrage, and the other. South Carolina, adopted a similar plan for two years, with reading and writing as a permanent basis of suffrage, accompanied by an alternative property tax on $800. In speaking of a constitutional provision adopted in a Euro- pean State which required citizenship to be predicated upon reading and writing, Jefferson said : ' * It is impossible sufficiently to estimaie the wisdom of this provision. Of all those which have been thought of for secur- ing fidelity in the administration of the government, constant ralliance to the principles of the Coustitution, and progressive amendments with the progressive advancements of the human mind, or changes in human affairs, it is the most effectual. Enlighten the people generally, and tyranny of body and mind will vanish like evil spirits at the dawn of day.'* And on another occasion he expressed the opinion that *' The right to vote should be given to those who pay and those who fight." All three of thes'e elements referred to in the language above quoted from Jefferson, appear in and are made substantive in the article which we recommend, and are represented in the Digitized by Google 8 OOMMITTBB RBPORT8. basis of sufi^age by the soldier who has fought for his coontr] by the citizen who has paid his poll-tax, and by those wh can read and write. We cannot conclude this report without again adverting t the peculiar circumstances of our State. If its population wei homogeneous, there would be no difiEiculty as to the suf&agc If there were only white men here, no substantial differenc would arise, for they are homogeneous, and would act alike L like conditions, as they have done all over the world. On population, as a whole, however, consisting of 1,854,184 pec pie, instead of being homogeneous, is divided into ],192,S3 whites and 661,326 blacks. Of the whites, over twenty-oa years'of age, there are 301,379 ; of the colored, over twenty-on years of age, there are 146,122 — a majority of white malea over twenty-one, of 155,257. Two hundred and sixty-four thousand, eight hundred an eighty-six males are literates ; only 69,358 of the colored ai literates — ^the white majority of literates of voting age beinj 195,528. In illiteracy there are 76,764 blacks, more than fifty per cent, while there are only 36,000 white illiterates, or about twelv] per cent. If this population and its electors were diffused throughoc^ the Commonwealth in anything like similar proportions, th questions arising would present themselves in a similar aspeo to all of our people, and would be solved easily and to the gen eral satisfaction. But in some sections the white population preponderates c such great majorities that the few colored men amongst then are scarcely an element of consideration with respect to thj elective franchise. j In other sections the colored are so numerous and massed tc gether, and the whites so few, that the community is constaDtl] attended with a problem that touches their dearest interest and their deepest feelings, and they necessarily regard the que^ tion of suffrage as paramount to all others with which thej have to deal. When any great part of the State is affected with a publ^ evil its consequences must pervade, and sooner or later injon ously affect the whole Commonwealth. Hence we have acorn mon necessity upon us of a reformation of the suffrage, aiM this necessity y^as one of the main, if not the main, cause f(V calling this Convention. I Under these circumstances,* the question of providing \ system of suffrage throughout the State is one of the greates (Ufficulty and delicacy, and the whole committee has labore< Digitized by Google COMMITTBS BBPORTS^ 9 hard and long to adjust, as far as it may, the differences of opinion naturSly generated by the state of affairs presented. The lines within which we may move to accomplish any re- sult are narrow ones. The 15th amendment to the Constitution of the United States provides that the right of suffrage shall not be denied or abridged on account of race, color or previous condition of servitude. Any plan which we recommend must be within the limita- tions of this Constitutional mandate. At the same time we possess a varied population located with diverse surroundings, and thus confined by Constitutional limitation to a restricted sphere of action, we have prepared the article which we believe will deal constitutionally and justly with the subject of suffrage, and place the control of affairs in the State in the hands of those who have abiding attachment to, and community of in- terest with the whole Commonwealth, and who have the intelli- gence and character to guard its interests in safety. In order to complete thQ plans recommended by both the ma- jority and the minority of the committee, it has been deemed advisable by them and us alike to provide for a board of three registration commissioners in each magisterial district. The majority recommends that they be appointed by the judges of the circuit courts except that the first board under this Constitution shall be appointed by an ordinance of this Convention. These boards will not be needed until after the adoption of this Constitution, and then by the minority plan only until 1904, while by the majority plan they must be continuous. The minority which submits this report have thought proper to present with it an additional and independent section of the article appended, providing for the appointment of such board by the circuit courts in counties and the corporation courts in cities, and setting forth the duties devolved upon them. The section may be embraced in the text of the Constitution, or in an ordinance of the Convention. Changes in these provisions will doubtless be required as it can not at this time be known when and in what particular form the Constitution may be adopted. The minority cordially concur in some of the supplementary propositions recommended by the majority. Such variances exist between the majority and the minority of the committee respecting propositions as will appear on in- spection of the articles on the subject submitted to the Con- vention. Digitized by Google 10 COUUITTKB RBPOBT8. We reserve the priyilege to offer or support such amendments as may be in furtherance of the objects of this report, as may receive the approval of our judgment. JNO. W. DANIEL, WILLIAM A. ANDERSON, WOOD BOULDIN, FRANCIS L. SMITH, HENRY C. STUART, T. W. HARRISON. Digitized by Google COMMITTEE REPORTS. 11 ARTICLE. § 1. Every male citizen of the United States, at least 2 twenty-one years of age, who possesses the following quali- 3 fications, shall be entitled to vote for members of the Gen- 4 eral Assembly and all officers elected by the people. 5 First. He shall have been a resident of this State for 6 at least two years, of the county or city one year, and of 7 the precinct in which he shall offer to vote thirty days next 8 preceding the election at which he shall oflfer to vote ; pro- 9 vided, that removal from one precinct to another in the 10 same city or county shall not deprive any person of the 11 right to vote in the precinct from which he has removed 12 until thirty days after such removal. 13 Second. He shall have been duly registered as may be 14 prescribed by law. 15 Third. After January first, nineteen hundred and three 16 (1903) , he shall have paid to the State at least six months 17 before the election in which he oflFers to vote, a poll-tax of 18 one dollar and fifty cents ($1.60) for the year nineteen hun- 19 dred and two ( 1902) ; and six months before any election 20 held after January first, nineteen hundred and four (1904) , 21 he shall have paid to the State all poll-taxes for every pre- 22 ceding year which shall have become due and payable under 23 and by virtue of this Constitution ; provided, that the pay- 24 ment of a poll-tax shall not be a presequisite for voting at 25 any election prior to January first, nineteen hundred and 26 three (1903) , and that no person who has served in time of 27 war in the army or navy of the United States, or of the 28 Confederate States, shall, at any time, be required to pay a 29 poll-tax as a prerequisite to vote. 30 Fourth. If registered after the adoption of this Consti- 31 tution and prior to January first, nineteen hundred and 32 four (1904) , he shall be— 33 1. A person who has heretofore served in time of war in 34 the military or naval forces of the United States, or of the 35 Confederate States, or of one of the States of the United 36 States, or — 37 2. He shall be able to read any section of the Constitu- 38 tion of this State submitted to him by the registration offi- 39 cers, or he shall be able to understand the same when read 40 to him, or to give a reasonable explanation thereof, or — 41 3. He shall have paid to the State taxes for the year 42 preceding that in which he offers to vote as much as one 43 dollar on property owned by and assessed against him. § 2. All citizens registered under the foregoing pro- Digitized by Google 12 OOMMITTBS RBPOSTS 2 visions of this Constitution prior to January 1, 1904, sh; 3 continue to be electors so long as they possess the qualifii 4 tions prescribed thereby, unless they shall come under so: 5 one of its disqualifying provisions, and may be aided 6 preparing and depositing their ballot by a person of th< 7 own selection in the presence of the judges of electioi 8 provided, that not more than five such voters shall recei' 9 such aid from the same person at any election. § 3. After January 1, 1904, every male citizen not pi 2 viously registered under the foregoing provisions of thj 3 Constitution, except as herein provided, shall in addition I 4 the qualifications prescribed as to age, resident and poll4a3 5 make application for registration in his own handwriting, i 6 may be provided by law ; and every person registered Stt 7 that time shall prepare and deposit his ballot without ai 8 from another : provided, that if he has heretofore served i 9 time of war in the military or naval forces of the Unite 10 States, or of the Confederate States, or of any State of tl 11 United States, or if he be a person who is blind or physical! 12 disabled, he shall not be required at any time to make ai 13 plication in writing to be registered and may receive aid i 14 preparing his ballot from a person of his own selection j 15 the presence of the judges of election ; but not more tha 16 five such voters shall receive such aid from the same perso 17 at any election. § 4. The following persons shall not have the right 1 2 register or vote : 3 First. Those who have been disqualified to vote by coi 4 viction of crime prior to the adoption of this Constitutioi 5 unless their disability has been previously removed, or sha 6 be thereafter removed. 7 Second. Idiots or insane persons. 8 Third. Persons who have been convicted of treason, < 9 of any felony, bribery in any election, the oflfering to bo 10 or sell a vote in any election, petit larceny, obtaining mone 11 or property on false pretenses, malfeasance in oflSce, embei 12 zlement of public funds, or of any infamous crime. 13 All persons who, while citizens of this State have, sin( 14 the adoption of this Constitution, fought a duel with 16 deadly weapon, accepted a challenge to fight a duel with 16 deadly weapon, either within or beyond the boundaries i 17 this State, or knowingly conveyed a challenge, or aided < 18 assisted in any manner in fighting a duel ; and all such pe 19 sons shall also be prohibited from any office of honor, profi 20 or trust under this Constitution. § 5. No officer, soldier, seaman, or marine of the Umu 2 States army or navy, nor any inmate of a charitable instit Digitized by Google COUMITTBB KBPOETd, 13 3 tion^ nor any student in any institution of learning, shall 4 be deemed to haye gained or lost a residence in this State , 5 or in any county or city thereof, by reason of his temporary 6 station or location therein. § 6. All elections by the people shall be by ballot, and 2 all elections by representative bodies shall be viva voce. 4 The ballot box shall, during all elections, be kept in view 5 of the voters, and ballots shall not be canvassed or counted 6 in secret. § 7. The General Assembly shall provide by law for bal- 2 lots without any distinguishing mark or symbol for use in 3 all State, county, city, and other elections by the people. 4 All ballots shall contain the names of the candidates, and of 5 the officers to be voted for, in clear print and in due and 6 orderly succession, but any voter may erase any name and 7 insert another. § 8. The General Assembly shall provide by law for the 2 fair and orderly conduct of all elections by the people, in 3 accordance with the provisions of this Constitution. § 9. No voter, during the time of holding any election 2 at which he is entitled to vote, shall be compelled to per- 3 form military service, except in time of war or public 4 danger, to work upon public roads, or to attend any court 5 as suitor, juror, or witness ; and no voter shall be subject to 6 arrest under any civil process during his attendance at elec- 7 tion or in going to or returning therefrom. § 10. Any person who, in respect of age or time of resi- 2 dence, would be qualified to vote at the time of the next 3 election, shall be admitted to registration notwithstanding 4 that at the time thereof he is not qualified with reference to 5 age or time of residence, and shall be entitled to vote if 6 qualified at the time of election under the provisions of this 7 Constitution. § 11. The treasurer of each county and city of the State 2 shall, at least five months before any election, file with the 3 clerk of the circuit or corporation court of his county or 4 city, a list, in alphabetical order, verified by his oath, of 5 all persons in each precinct in his city or county who have 6 paid not later than six months prior to such election, the 7 capitation tax of $1.50 for the year preceding that in which 8 such election is held. 9 The clerk, within ten days from receipt thereof, shall 10 post in each voting precinct of his county or city, a certified 1 1 copy of the voters of said precinct whose names have been 12 ttiiis reported by the treasurer as having paid the capitation 13 tax ; and at any time after such notice has been posted, any 14 person, who shall have paid the capitation tax, but whose Digitized by Google 14 COMMITTEB &BP0BT8. 15 name is omitted from said certified list^ may, after five 16 days^ notice to the treasurer, apply to the judge of the cir- 17 cuit or corporation court of his county or city to have said 18 list corrected and his name entered thereupon. 19 The clerk shall also, within sixty days after the filing of 20 said list by the treasurer, forward a certified copy thereof, 21 with such correction as may have been made by order of 22 the court, to the Auditor of Public Accounts, who shall 23 charge the amount stated in such return against such 24 treasurer in the settlement of his accounts, except such part 25 as may have been previously accounted for. And a reason- 26 able time, and at least ten days before such election, the 27 clerk shall forward to the judges of election of each pre- 28 cinct of his county or city a like certified copy of the list of 29 those in such precinct who have paid the capitation tax for 30 the previous year and six months before the election, which 31 shall be conclusive evidence of the fact of the payment of 32 such poll-taxes for the purposes of voting : provided, that 33 a receipt for such poll-tax actually dated and issued by such 34 treasurer or his deputy at least six months before the elec- 35 tion at which the voter may offer to vote shall also be evi- 36 dence of the payment of said tax. Digitized by Google j REPORT OF THE COMMITTEE ON THE ORGANIZATION AND GOVERNMENT OF COUNTIES. To the Hon. John Ooode^ President of the Constitutional Convention : The undersigned, Committee on the Organization and Govern- ment of Counties, begs leave to submit the following report as the result of its deliberations : The changes proposed by your Committee to Article VII of the present Constitution, which relates to county organization, are neither numerous nor of a radical nature, and are mainly as follows, to-wit : 1 . The offices of county and circuit clerks are consolidated , 2 regardless of the population of the county. 2. County treasurers are made ineligible for re-election 2 after the second term. 3. The commissioners of the revenue are ineligible to the 2 same office for the next succeeding term, and are to be paid 3 per capita as well as a percentage, on the amount of property 4 listed by them. 4. All regular elections for county and district offices 2 shall be held on Tuesday after the first Monday in Novem- 3 ber, and whose terms are for four years, except the clerk of 4 the court, whose term of office is eight years. The change 5 here is as to the time at which elections are held, and the 6 term of district officers and clerk. 5. All county officers are required to renew the security 2 on their bonds when deemed necessary. The provision in 3 the present Constitution applies to sheriffs only. Digitized by Google 2 COMMITTBB HBPORTS. ARTICLE VII. COUNTY ORGANIZATION. § 1. There shall be elected by the qualified voters of eacl 2 county, one sheriff, one attorney for the Commonwealth 3 who shall also be the Commonwealth's attorney for the cii 4 cuit court ; one county clerk, who shall also be the clerk a 5 the circuit court ; one county treasurer, who shall, after th« 6 second term, be ineligible to same office for the next sue 7 ceeding term, for either treasurer or deputy treasurer; anc 8 so many commissioners of the revenue as may be provida 9 by law, who shall be paid per capita as well as a percentagi 10 on the amount of property listed by them, and who shal 11 list and return for taxation all classes of personal property 12 and discharge such other duties as may be prescribed h] 13 law, and who shall be ineligible to the same office for thi 14 next succeeding term ; one superintendent of the poor, sm 15 one county surveyor. § 2. The magisterial districts shall remain as now Iai< 2 oflF, named and fixed by law : provided, that hereafter no addi 3 tional districts shall be made containing less than thirty 4 square miles. In each district there shall be elected oim 5 supervisor, not more than three justices of the peace, on| 6 constable, and one overseer of the poor. The supervisor 7 of the districts shall constitute the board of supervisors o 8 the county, whose duty it shall be to audit the accounts o 9 the county, examine the books of the commissioners of th^ 10 revenue, regulate and equalize the valuation of property 1 1 fix the county and district levies for the ensuing year, an( 12 shall perform any other duties required of them by law. § 3. . (This section relates to the organization of schoo districts and the election of school trustees, and conference is therefore recommended with th< Committee on Education.) § 4. All regular elections for county and district office 2 shall be held on Tuesday after the first Monday in Novem 3 ber, and all of said officers shall enter upon the duties o 4 their offices on the first day of January next succeedinj 5 their election, and shall hold their respective offices for th< 6 term of four years, except the clerk of the court shall hol( 7 office for eight years. § 5. The General Assembly, at its first session after tb 2 adoption of the Constitution, shall pass such laws as ma; 3 be necessary to give eflfect to the provisions of this article. § 6. No county officer or supervisor shall hold any othe Digitized by Google COMMITTBB BBPORTS. 3 office. All officers who are required by law to give bond, may be required to renew the security on said bonds, and in default of so doing their offices shall be declared vacant. Counties shall never be made responsible for the acts of the sheriffs. Respectfully submitted, THOS. H. BARNES, G. T. GARNETT, GEO. B. KEEZELL, BEVERLY A. HANCOCK, J. B. T. THORNTON, J. W. GILMORE, J. W. ORR, ALBERT FLETCHER, MANLY H. BARNES, JONATHAN WOODHOUSE, JOSEPH STEBBINS, A. C. WALTER, J. A. BRISTOW. 8 Digitized by Google Digitized by Google MINORITY REPORT OF THE COMMITTEE ON THE ORGANIZATION AND GOVERNMENT OF COUNTIES. To the Hon. John Ooode, President of the Constitutional Convention. The undersigned beg leave to submit the following minority report on the organization and government of counties : ARTICLE VII. COUNTY OBGANIZATION. § !• There shall be elected by the qualified voters of each 2 county one sheriff, who shall, in addition to his duties as 3 sheriff, perform the duties of the treasurer as now prescribed 4 by law : provided ^ that in counties of more than thirty thou- 5 sand inhabitants the office of treasurer may be created by 6 law ; one clerk, and so many commissioners of the revenue 7 as may be provided by law, who shall be appointed by 8 , and who shall be paid per capita 9 as well as a pencentage of the amount of property listed by 10 them, and who shall list and return for taxation all classes 11 of personal property, and discharge such other duties as 12 may be prescribed by law ; one superintendent of the poor 13 one county surveyor ; and not less than three nor more thac 14 five supervisors, to be elected by the voters of the county at 15 large, who shall constitute the board of supervisors of the 16 county, whose duty it shall be to audit the accounts of the 17 county, examine the books of the commissioners of the 18 revenue, regulate and equalize the valuation of property, 19 and fix the county and district levies for the ensuing year. § 2. The magisterial districts shall remain as now laid 2 oflF, named and fixed by law : provided, that hereafter no 3 additional districts shall be made containing less than sixty 4 square miles. In each district there shall be elected not 5 more than three justices of the peace, one constable, and 6 one overseer of the poor. 7 This report differs from the majority report in these re- 8 spects : It abolishes. Digitized by Google 2 OOMMITTEB REPORTS. 9 (1) The attorney for the Commonwealth. 10 (2) The county treasurer, with a provision that in coun- 11 ties of more than thirty thousand inhabitants the office of 12 treasurer may be created by law. 13 (3) It makes the commissioners of the revenue ap- 14 pointive. 15 (4) It provides for not less than three nor more than 16 five supervisors to be elected by the voters of the county at 17 large. 18 (5) It enlarges the area of any new magisterial district 19 that may be created from thirty to sixty square miles. Respectfully submitted, EUGENE WITHERS, GEO. P. TARRY. Digitized by VjOOQIC SUBSTITUTE FOR REPORT OF THE COMMITTEE OF THE WHOLE ON PREAMBLE AND BILL OF RIGHTS. Proposed by Mr. Smith. BILL OF RIGHTS OP 177S. A Declaration of Rights made by the Representatives of the good people of Virginia, assembled in full and free Convention, which rights do pert&in to them and their posterity as the basis and foundation of government. 1. That all men are by nature equally free and independ- 2 ant, and have certain inherent rights of which, when they 3 enter into a state of society, they cannot by any compact 4 deprive or divest their posterity — namely : the enjoyment of 5 life and liberty with the means of acquiring and possessing 6 property, and pursuing and obtaining happiness and safety. 2. That all power is vested in, and consequently derived 2 from, the people ; that magistrates are their trustees and 3 servants, and at all times amenable to them. 3. That government is, or ought to be, instituted for the 2 common benefit, protection, and security of the people, 3 nation, or community ; of all the various modes and forms 4 of government, that is the best which is capable of produc- 5 ing the greatest degree of happiness and safety, and is most 6 eflfectually secured against the danger of maladministration ; 7 and that when any government shall be found inadequate 8 or contrary to these purposes, a majority of the community 9 hath an indubitable, unalienable, and indefeasible right to 10 reform, alter, or abolish it in such a manner as shall be 11 judged most conducive to the public weal. 4. That no man or set of meni are entitled to exclusive 2 or separate emoluments or privileges from the community, 3 but in consideration of public services ; which, not being 4 descendible, neither ought the offices of magistrate, legisla- 5 tor, or judge to be hereditary. Digitized by Google 2 COHHITTEB BEPORTS. 5. That the legislative and executive powers of the Sta^ 2 should be separate and distinct from the judiciary ; and th^ 3 the members of the two first may be restrained from opprd 4 sion, by feeling and participating the burthens of the ped 5 pie, they should at fixed periods be reduced to a privatj 6 station, return into that body from which they were origu^ 7 ally taken, and the vacancies be supplied by frequent, cet 8 tain, and regular elections, in which all or any part of ih 9 former members to be again eligible, or ineligible, as th 10 laws shall direct. 6. That elections of members to serve as represent^ 2 tives of the people in assembly ought to be free ; and th^ 3 all men, having sufficient evidence of permanent, comnKM 4 interest with, and attachment to, the community, have thl 5 right of suffrage and cannot be taxed or deprived of thei 6 property for public uses without their own consent, or tha 7 of their representatives so elected, nor bound by any law t 8 which they have not in like manner assented for the publi 9 good. 7. That all power of suspending laws, or the executio 2 of laws, by any authority without consent of the represei 3 tatives of the people is injurious to their rights, and ougb 4 not to be exercised. 8. That in all capital or criminal prosecutions a ma 2 hath a right to demand the cause and nature of his accu 3 tion ; to be confronted with his accusers and witnesses ; 4 call for evidence in his favor, and to a speedy trial by 5 impartial jury of his vicinage without whose unanimo 6 consent he cannot be found guilty ; nor can he be compell< 7 to give evidence against himself ; that no man be depriv 8 of his liberty except by the law of the land or the judgmeo 9 of his peers. 9. That excessive bail ought not to be required, nor ei 2 cessive fines imposed, nor cruel and unusual punishmem 3 inflicted. 10. That general warrants whereby an officer or m^sec 2 ger may be commanded to search suspected places withon 3 evidence of a fact committed, or to seize any person or pei 4 sons not named, or whose offense is not particularly dc 5 scribed and supported by evidence, are grievous and oppre? 6 sive, and ought not to be granted. 11. That in controversies respecting property, and 2 suits between man and man, the ancient trial by jury is pn 3 ferable to any other, and ought to be held sacred. 12. That the freedom of the press is one of the grej 2 bulwarks of liberty, and can never be restrained but by d« 3 potic governments. Digitized by Google COMMITTBB BBPORTS. 3 13. That a well regulated militia, composed of the body 2 of the people trained to arms, is the proper, natural, and 3 safe defence of a free State ; that standing armies in time 4 of peace should be avoided as dangerous to liberty, and that 5 in all cases the military should be under strict subordina- 6 tion to, and governed by, the civil power. 14. That the people have a right to uniform government ; 2 and therefore that no government separate from, or inde- 3 pendent of, the government of Virginia, ought to be erected 4 or established within the limits thereof. 15. That no free government or the blessing of liberty 2 can be preserved to any people but by a firm sSherence to 3 justice, moderation, temperence, frugality, and virtue, and 4 by frequent recurrence to fundamental principles. 16. That religion, or the duty which we owe to our 2 Creator, and the manner of discharging it, can be directed 3 only by reason and conviction, not by force or violence ; and 4 therefore all men are equally entitled to the free exercise of 6 religion according to the dictates of conscience ; and that it 6 is the mutual duty of all to practice Christian forbearance, 7 love, and charity towards each other. Digitized by Google Digitized by Google REPORT F THE COMMITTEE ON THE LEGISLATIVE DEPART- MENT, AS AMENDED BY THE COMMITTEE OF THE WHOLE. The committee of the whole Convention, to whom was re- rred the report of the Committee on the Legislative Depart- ent, have, according to order, had the same under considera- on, and beg leave to report the same to the Convention as nended by the said committee : Amtndments made in Oommittee of the Whole : Omit matter embraced Ivneketo [ ] and insert parts inrinted in italics. ARTICLE V. Section 1. The legislative power of this State shall be i vested in a General Assembly, which shall consist of a Senate i and House of Delegates. Sec. 2. The House of Delegates shall be elected quad- i rennially by the voters of the several cities and counties on i the Tuesday succeeding the first Monday in November, and 1 shall consist of not more than one hundred and not less than 5 ninety members. Sec. 3. The Senate shall consist of not more than forty 2 and not less than thirty-three members. They shall be 3 elected for the term of four years for their respective dis- i tricts. Each county, city, and town of the respective dis- 5 tricts, shall, at the time of the first election of its delegate 6 or delegates under this Constitution, vote for one or more 7 Senators. Sec. 4. . Sec. 5. Any person may be elected Senator who, at the 2 time of election, is actually a resident within the district 3 and qualified to vote for members of the General Assembly, 4 and eligible to oflSce according to this Constitution ; and any 5 person may be elected a member of the House of Delegates 6 who, at the time of election, is actually a resident within 7 the county, city, town, or election district, and qualified to Digitized by Google 2 COHMITTEB REPORTS. 8 vote for members of the (Jeneral Assembly, and eligible tc 9 office according to this Constitution. But no person holding 10 a salaried office under the United States Government oi 11 under the State Government, and no judge of any court, ^ 12 torney for the Commonwealth, sheriff, sergeant, treasurer, 13 assessor of taxes, commissioner of the revenue, collector d 14 taxes, or clerk of any court, shall be a member of eith« 15 house of the General Assembly during his continuance ii 16 office, and the election of any such person to either house w 17 the General Assembly shall vacate any such office held bj 18 him. The removal of any person, elected to either house o^ 19 the General Assembly, from the city, county, town, or di* 20 trict for which he is elected, shall vacate his office. Sec. 6. The members of the General Assembly shall re 2 ceive for their services a salary to be ascertained by law, aiK 3 paid out of the public treasury ; but no act increasing sud 4 salary shall take effect until after the end of the term foj 5 which the members of the [House of Delegates] General As\ 6 sembly voting thereon were elected, and no member of th^ 7 General Assembly, during the term for which he shall hay^ 8 been elected, shall be appointed or elected to any civil offid 9 of profit in the State except offices filled by election by th\ 10 people. Sec, 7. The General Assembly shall meet on the secon^ 2 Wednesday in January next, succeeding the election of meml 3 bers thereof. It shall meet in regular session once in fouj 4 years, and not oftener unless convened [by the Governor] ii 5 the manner prescribed in this Constitution. No session of th< 6 General Assembly , after the first under this Constitution , shal 7 continue longer than ninety days without the concurrence o 8 three-fifths of the members elected to each house, in whiclj 9 case the session may be extended for a further period noj 10 exceeding thirty days. Except for the first session helc 11 under this Constitution, members shall be allowed and sbal 12 receive a salary for not exceeding ninety days at any regulai 13 session, and for not exceeding thirty days at any extra ses 14 sion. Neither house of the GeneraJ Assembly shall, with 15 out the consent of the other, adjourn for more than thre< 16 days, nor to any other place than that in which the tw< 17 houses shall be sitting. A majority of the members electee 18 to each house shall constitute a quorum to do business, bm 19 a smaller number may adjourn from day to day, and shal 20 have the power to compel the attendance of absent member 21 in such manner and under such penalty as each house ma] 22 prescribe. Sec. 8. The House of Delegates shall choose its owi 2 speaker, and in the absence of the Lieutenant-Grovernor, o Digitized by Google OOMMITTBB RBPORTS, 3 t when he shall exercise the office of the Governor, the Sen- l ate shall choose from their own body a president pro tem- > pore ; and each house shall appoint its own officers, settle > its own rules of proceeding, and direct writs of election for J supplying [intermediate] vacancies which may occur during the i session of the General Assembly ; but if vacancies shall occur ) during the recess of the General Assembly such writs may be ) issued by the Governor, under such regulations as may be I prescribed by law. Each house shall judge of the election, I qualification and returns of its members ; may punish them J for disorderly behavior, and, with the concurrence of two- 1 thirds, expel a member. Sec. 9. The members of the General Assembly shall, in 1 all cases, except treason, felony, or breach of the peace, be 3 privileged from arrest during the sessions of their respective 4 houses ; and for any speech or debate in either house they 5 shall not be questioned in any other place. They shall not 6 be subject to arrest,' under any civil process, either during 7 the sessions of the General Assembly [nor for] or the fifteen 8 days next before the convening [and after the termination 9 of each session] of any session^ or the fifteen days next after its 0 termination. Sec. 10. Each house of the General Assembly shall keep 2 a journal of its proceedings which shall be published from 3 time to time, and the yeas and nays of the members of either 4 house on any question shall, at the desire of one-fifth of 5 those present, and in the cases hereinafter provided, be en- 6 tered on the journal. Sec. 11. No law shall be enacted except by bill. A bill 2 may originate in either of the two houses of the General 3 Assembly to be approved or rejected by the other, and may 4 be amended by either with the consent of the other. 5 No bill shall become a law unless it shall have been (a) 6 referred to a committee of each house, acted upon by such 7 committee in session and returned therefrom ; (b) printed 8 for the use of members prior to its passage by the house in 9 which it originated ; (c) read at length on three different 0 calendar days in each house ; and (d) on its final passage in 1 each house, the vote shall have been taken by the yeas and 2 nays, the names of the members voting for and against the 3 bill entered on the journal, and two-fifths of the members 4 elected to each house, including a majority of those [present] 5 voting, shall vote and be recorded as voting in its favor, except 6 that no bill which imposes, continues, or revives any appro- 7 priatiou of public or trust money or property, or releases, dis- 8 charges, or commutes any claim or demand of the State, 9 shall be passed which does not receive the [support] vote of a Digitized by Google 4 COMMITTBB RBP0RT8, 20 majority of all the members elected to each house, the vote iii 21 each house to be taken by the yeas and nays, and the namei 22 of the members voting for and against the bill to be entered 23 on the journal. But such printing or reading, or boihy may hi 24 dispensed with in the case of a bill codifying the laws of the 25 State, or in any case of emergency, expressed by a voteol 26 four-fifths of the members [present] voting in each house, tpiif^ 27 vote shall he taken by the yeas and nays, and the names of tU 28 members voting for and against [to be] entered on the jounul 29 [such printing or reading, or both, may be dispensed with.], 30 It shall be within the power of either house, by a vote ol 31 two-fifths of the members elected thereto, including a majority 32 of those [present] voting taken by the yeas and nays, and the 33 names of the members voting for and against [to be] entered on 34 the journal, to discharge a committee from the consideratioi^ 35 of any bill which it has refused or failed to return, and there- 36 upon to proceed with the consideration of the bill as if ii 37 had been returned from the committee. 38 No amendment to a bill by one house shall be concurreii 39 in by the other, nor shall a report of a committee of confer^ 40 ence be adopted by either house, except by a vote of two 41 fifths of the members elected thereto, including a majoritj 42 of those [present] voting, the vote to be taken by the yeas 43 and nays, and the names of the members voting for and 44 against [to be] entered on the journal. 45 The presiding oflScer of each house shall, in the presence 46 of the house over which he presides, sign every bill that has 47 been passed by both houses and duly enrolled. Immediate!; 48 before this is done, all other business being suspended, the 49 title of the bill shall be publicly read. The fact of signinj 50 shall be entered on the journal. Sec. 12. There shall be appointed a joint committee ol 2 the General Assembly, consisting of seven members appointed 3 by the House of Delegates, and five members appointed bj 4 the Senate, which shall be a standing committee on special 5 private, and local legislation. Before being referred to « 6 committee, as provided by section 11, any special, private 7 or local bill introduced in either house shall be referred t( 8 and considered by such joint committee and returned diere 9 from to the house in which it originated with a statemeni 10 in writing as to whether the object of the bill can be accom 11 plished under general law or by a court proceeding, where 12 upon, the bill, with the accompanying statement, shall b< 13 referred and take the course provided by said section 11 H It shall be within the power of the house in which thebil 15 originated, by a vote of two-fifths of the members electei 16 thereto, including a majority of those [present] voting, takei Digitized by Google OOMMITTBB BBPOKTS. 5 17 by the yeas and nays and the names of the members voting for 18 and against [to be] entered on the journal, to discharge the 19 said joint committee from the consideration of any such bill 20 which it refuses or fails to return, and thereupon to proceed 21 with the consideration of the same as if it had been regularly 22 returned. Sec. 13. No law shall embrace more than one object, 2 which shall be expressed in its title ; nor shall any law be 3 revived or amended with reference to its title, but the act 4 revived or the section amended shall be re-enacted and 5 published at length. Sec. 14. No law, except a general appropriation law, 2 shall take effect until ninety days after the adjournment of 3 the session of the General Assembly at which it is enacted, 4 unless in case of an emergency (which emergency shall be 5 expressed in the preamble or in the body of the bill) , the 6 General Assembly shall otherwise direct by a vote of four-fifths 7 of the members [present] voting in each house, such vote to 8 be taken by the yeas and nays and the names of the mem- 9 bers voting for and against entered on the journal. Sec. 15. The Gk)vernor, Lieutenant-Governor, judges, 2 and all others offending against the State by maladminis- 3 tration, corruption, neglect of duty, or other high crime or 4 misdemeanor, shall be impeachable by the House of Dele- 5 gates, and be prosecuted before the Senate, which shall 6 have the sole power to try impeachment. When sitting for 7 that purpose, they shall be on oath or affirmation, and no 8 person shall be convicted without the concurrence of two- 9 thirds of the members present. Judgment in case of 10 impeachment shall not extend fiu*ther than to removal from 11 office and disqualification to hold and enjoy any office of 12 honor, trust, or profit under the Commonwealth ; but the 13 party convicted shall nevertheless be subject to indictment, 14 trial, judgment, and punishment according to law. The 15 Senate may sit during the recess of the General Assembly 16 for the trial of impeachment. Sec. 16. The whole number of members to which the 2 State may at any time be entitled in the House of Eepre- 3 sentatives of the United States shall be apportioned by the 4 General Assembly, as nearly as may be, amongst the several 5 counties, cities, and towns of the State according to their 6 population. 7 In the apportionment, the State shall be divided into 8 districts corresponding in number with the representatives 9 to which it may be entitled in the House of Representatives 10 of the Congress of the United States, which shall be formed, 11 respectively, of contiguous counties, cities, and towns ; be Digitized by Google 6 OOMMtTTBB RBPOBTS. 12 compact, and include, as nearly as may be, an equal numbei 13 of population. Sec. 17. The manner of conducting and making return 2 of elections, of determining contested elections, and of fillinj 3 vacancies in office, in cases not specially provided for bj 4 this Constitution, shall be prescribed by law, and the Gen 5 eral Assembly may declare the cases in which any office 6 shall be deemed vacant where no provision is made for diB] 7 purpose in this Constitution. Sec. 18. The Legislature shall have power to provide fa 2 the government of cities and towns, and to establish sues 3 courts therein as may be necessary for the administration d 4 justice. The committee of the whole was dischansed ^m the farther ooiiBideffBtiai of section 18, and it was referred to the Ck>mmittee on the Organiiatioii an^ Goyemment of Cities and Towns, and the Gommittee on Jadidary. Sec. 19. The General Assembly shall have power, by a 2 two-thirds vote, to remove disabilities incurred under clause 3 third, section one, article third, of this Constitution, witii 4 reference to duelling. Sec. 20. The privilege of the writ of habeas corpus shaU 2 not be suspended unless when in cases of invasion or re- 3 bellion, the public safety may require it. The General 4 Assembly shall not pass any bill of attainder, or any ex posi 5 facto law, or any law impairing the obligation of contract, 6 or any law abridging the freedom of speech or of the press. 7 It shall not enact any law whereby private property shall be 8 taken or damaged for public uses, without just compensa- 9 tion ; [but beyond compensation for property actually taken, 10 damages allowed shall be subject to abatement by allowing foi 11 benefits conferred.] No man shall be compelled to frequeol 12 or support any religious worship, place, or ministry what 13 soever, nor shall [any man] be enforced, restrained, molested, 14 or burthened in his body or goods, [orj nor shall otherwise 15 suffer on account of his religious opinions or belief, but afl 16 men shall be free to profess, and by argument to maintain, 17 their opinion in matters of religion, and the same shall in 18 no wise [affect], diminish, [or] enlarge, or affect their civfl 19 capacities. And the General Assembly shall not prescribe 20 any religious test whatever, or confer any peculiar pnyi- 21 leges or advantages on any sect or denomination, or paai 22 any law requiring or authorizing any religious society, 23 or the people of any district within this Commonwealth, ta 24 levy on themselves or others any tax for the erection or » 25 pair of any house of public worship, or for the support oi Digitized by Google 00MMI9TB8 BBPOKTS. 7 ) any church or ministry, but it shall be left free to every per- I son to select his religious instructor, and to make for his sup- ) port such private contract as he shall please. Sec. 21. The General Assembly shall not grant a charter I of incorporation to any church or religious denomination, { but may secure the title to church property t6 an extent to I be limited by law. Sec. 22. No lottery shall hereafter be authorized by law ; I and the buying, selling, or transferring of tickets or chances J in any lottery shall be prohibited. Sec. 23. No new county shall be formed with an area of I less than six hundred square miles ; nor shall the county or i counties from which it is formed be reduced below that area ; i nor shall any county having a population less than ten thou- 3 sand be deprived of more than one-fifth of such population ; S nor shall a county having a larger population be reduced 7 below eight thousand. But any county, the length of which B is three times its mean breadth, or which exceeds fifty miles 9 in length, may be divided at the discretion of the General 9 Assembly. [In all general elections the voters in any county 1 not entitled to separate representation shall vote in the same 2 election district.] Sec. 24. The Greneral Assembly shall confer on the courts 2 power to grant divorces, change the names of persons, and 3 direct the sale of estates belonging to infants and other per- 4 sons under legal disabilities, but shall not, by special legis- 5 lation, grant relief in such cases, or in any other case of 6 which the courts or other tribunals may have jurisdiction. 7 Nor shall the General Assembly enact any local, special, or 8 private law in the following enumerated cases : 9 1. For the punishment of crime. 0 2. Providing a change of venue in civil or crimina. 1 cases. 2 3. Regulating the practice [of] in, or the jurisdiction of, 3 or changing the rules of evidence in, any judicial proceed- 4 ing or inquiry before the courts or other tribunals, or pro- 5 viding or changing the methods of collecting debts or en- 6 forcing judgments, or prescribing the effect of judicial sales 7 of real estate. 8 4. Changing or locating county seats. 9 5. For the assessment and collection of taxes, eoccept as to 0 animals which the General Assembly may deem dangerous to the 1 farming interests. 2 6. Extending the time for the assessment or collection 3 of taxes. 4 7. Exempting property from taxation. 6 8. Remitting, releasing, postponing, or diminishing any Digitized by Google 8 COMMITTBB RBP0BT8. 26 obligation or liability of any person, corporation, or assocu 27 tion to this State or to any political subdivision thereof. 28 9. Refunding money lawfully paid into the treasury oj 29 the State or the treasury of any political subdivision thereof 30 10. Granting out of the treasury of the State, or grant 31 ing or authorizing to be granted out of the treasury of anj 32 political subdivision thereof, any extra compensation to anj 33 public ofl&cer, servant, agent, or contractor. 34 11. For conducting elections or designating the places oJ 35 voting. 36 [12. To give eflfect to invalid deeds, wills, leases, or othei 37 instruments.] 38 13. Regulating labor, trade, mining or manufacturing 39 or regulating the rate of interest on money. I 40 14. Granting any pension or pensions. 41 15. Creating, increasing, or decreasing, or authorizini 42 to be created, increased, or decreased the salaries, fees, per 43 centages, or allowances of public officers during the tern 44 for which they are elected or appointed. 45 [16. Authorizing the opening altering, maintaining, oi 46 vacating of roads, highways, streets, alleys, town plats 47 cemetaries, graveyards, or public grounds not owned hjth 48 State.] 49 17. Authorizing any corporation, association, or indiTidi 50 ual to own or operate wharves, ferries, bridges, roads, oi 51 turnpikes. 52 18. Declaring streams navigable, or authorizing the cod] 53 struction of booms or dams therein or the removal of ob| 54 str notions therefrom. 55 [19. Affecting toll-gates or regulating tolls.] 56 20. Affecting or regulating fencing or the boundaries ol 57 land, or the running at large of stock. 58 [21. For the protection of game or fish, or for the regit 59 lation of the killing and the taking thereof.] 60 22. Creating private corporations, or amending, renew 61 ing, or extending the charters thereof [except such munid 62 pal, charitable, educational, penal or reformatory corpora 63 tions as may be under the control of the State.] 64 23. Granting to any private corporation, association, oi 65 individual any special or exclusive right, privilege or im- 66 munity. 67 24. Naming or changing the name of any private corport 68 tion or association. 69 25. Remitting the forfeiture of the charter of any privdh 70 corporation except upon the condition that such corporatioi 71 shall thereafter hold its charter subject to the provisions a 72 this Constitution and the laws passed in pursuance thereof Digitized by Google COMMITTBB BBPOBTS. 9 73 [26. Exempting any corporation, association, or indi- 74 vidual from the operation of any general law, or from the 75 operation of any provision thereof, or suspending the opera- 76 tion of any general law or any provision thereof, for the 77 benefit of any corporation, association, or individual. But 78 the General Assembly may repeal any local, special, or pri- 79 vate law.] Sec. 25. In all the cases enumerated in the last section, 2 and in every other case which, in its judgment, may be pro- 3 vided for by general laws, the General Assembly shall enact 4 general laws. Any [such] general law shall be subject to 5 amendment or repeal, but the amendment or partial repeal 6 thereof shall not operate directly or indirectly to enact, and 7 shall not have the effect of the enactment of a special, pri- 8 vate, or local law. 9 No general law or special law shall surrender or suspend 10 the right and power of the State, or any political subdivision 11 thereof, to tax corporations and corporate property. No pri- 12 vate corporation, association, or individual shall be exempted 13 from the operation of any general law, nor shall its operation be 14 suspended for the benefit of any private corporation, association, 15 or individual. Any local, special, or private law may be re- 16 pealed, but any such law existing when this Constitution becomes 17 operative shall remain in force until expressly repealed. Sec. 26. The General Assembly may, by general laws, 2 confer [upon such county, city, town, and other authorities 3 as it may think proper] upon the boards of supervisors of 4 counties, and councils of cities and towns, such powers of local 5 and special legislation [and administration] as it may from 6 time to time deem expedient, not inconsistent with the limita- 7 tions contained in this Constitution. Sec. 27. The Secretary of the Commonwealth shall be 2 the keeper of the rolls of this State ; and after the adjourn- 3 ment of each session of the General Assembly the clerks of 4 the Senate and House of Delegates shall turn over to the 5 Secretary of the Commonwealth all the acts and resolutions 6 of the General Assembly, and the records and papers of 7 their respective houses, and all the books and maps belong- 8 ing to the several standing committees of their respective 9 houses ; and at the commencement of each session of the 10 General Assembly the same shall be returned to the clerks LI of the two houses, to be again returned to the Secretary of [2 the Commonwealth at the final adjournment of the ses- 13 sions. 4 The General Assembly shall provide by general law the 5 number of employees of the Senate and House of Delegates, 6 and shall by general law fix the per diem [or salary] of all 9 Digitized by Google 10 OOHMITTBB REPORTS. 17 of said employees to compensate them for the time actually 18 employed in the discharge of their respective duties. The committee of the whole propose the following independ ent sections : Sec. — . The General Assembly shall not make any appro- 2 priation of public funds, of personal property, nor of any red 3 estate to any church, or sectarian society, association, or in^Ou- 4 tion of any kind whatever, which is entirely or partly , directUj 5 or indirectly, controlled by any church or sectarian society ; not 6 shall the General Assembly make any like appropriation to an\ 7 charitable, iudustrial, or educational institution, which is n\ 8 owned or controlled by the State ; except that the GcMral Assembl 9 may, in its discretion, make appropriations to non-sectarian ie 10 stitutions for the reform of youthful criminals and continue i' 11 appropriation to William and Mary College for male 12 school purposes : Provided, that nothing herein contained sAa 13 prohibit the General Assembly from authorizing cities, townt 14 or counties to make such appropriations. Sec. — . The General Assembly shall, at each regular se$t\ 2 thereof, appoint a standing committee consisting of two mem' 3 of the Senate and three members of the House of Delegaiei 4 which said committee shall be known as the Auditing Committee 5 and which shall annually, oroftener, in their discretion^ examim 6 the books and accounts of the First and Second Auditor, th ' 7 State Treasurer, and the Secretary of the Commonwealth, am 8 report the results of these investigations to the Governor, and an 9 nually publish the same in two newspapers of general circulatiof 10 in the State. The reports received by the Governor shall, at ifu 11 beginning of each session, be submitted by him to the Genera* 12 Assembly for scrutiny and appropriate action. The said com 13 mittee may employ one or more expert accountants to a>ssi$t « 14 said examination. Digitized by Google REPORT OF THE COMMITTEE ON THE EXECUTIVE DEPARTMENT. Richmond, November 12, 1901. To Hon. John Goode, President of the Constitutional Convention: The Committee on Executive Department and Bureaus, Ac, respectfully submit the article which it is the unanimous opin- ion of the members of the Committee should be substituted for Article IV of the present Constitution. The report covers all the subjects which the Committee has had under consideration except the organization of the financial bureaus of the Commonwealth : these bureaus will be dealt with in a supplemental report to be submitted at an early day and blank sections are left for them in the ordinance now pre- sented. ARTICLE IV. EXECUTIVE DEPARTMENT. Governor. Section 1. The chief executive power of this Common- 2 wealth shall be vested in a Governor. He shall hold office 3 for a term of four years, to commence on the first day of 4 January next succeeding his election, and be ineligible to 5 th.e same office for the term next succeeding that for which 6 he was elected, and to any other office during his term of 7 service. Sec. 2. The Governor shall be elected by the voters at 2 the times and places of choosing members of the General 3 Assembly. Returns of election shall be transmitted, under 4 seal, by the proper officers, to the Secretary of the Common- 5 ijirealth, who shall deliver them to the Speaker of the House 6 of Delegates on the first day of the next session of the Gen- 7 eral Assembly. The Speaker of the House of Delegates 8 shall, within one weak thereafter, in presence of a majority 9 of the Senate and House of Delegates, open the said returns, .0 and the votes shall then be counted. The person having Digitized by Google 2 OOMMITTBB REPORTS. 11 the highest number of votes shall be declared elected ; bui 12 if two or more shall have the highest and an equal numbe: 13 of votes, one of them shall be chosen Governor by the join 14 vote of the two houses of the General Assembly. Contestw 15 elections for Governor shall be decided by a like vote, anc 16 the mode of proceeding in such cases shall be prescribed bj 17 law. Sec. 3. No person except a citizen of the United State 2 shall be eligible to the oflSce of Governor ; and if such per 3 son be of foreign birth, he must have been a citizen of th 4 United States for ten years next preceding his election ; noi 5 shall any person be eligible to that oflSce, unless he shal 6 have attained the age of thirty years, and have been a resi 7 dent of this State for three years next preceding his el^ 8 tion. Sec. 4. The Governor shall reside at the seat of govern 2 ment ; shall receive five thousand dollars for each year o 3 his service, and while in oflBce shall receive no other emolu 4 ment from this or any other government. Sec. 5. The Governor shall take care that the laws U 2 faithfully executed : communicate to the General Assembly 3 at every session, the condition of the Commonwealth; re 4 commend to their consideration such measures as he ma} 5 deem expedient, and convene the (Jeneral Assembly, on ap 6 plication of two-thirds of the members of both houses 7 thereof, or when, in his opinion, the interest of the Com 8 mon wealth may require. He shall be commander-in-chiei 9 of the land and naval forces of the State ; have power t 10 embody the militia to repel invasion, suppress insurrectio 11 and enforce the execution of the laws ; conduct, either i 12 person or in such manner as shall be prescribed by law, 13 intercourse with other and foreign States ; and, during tb 14 recess of the General Assembly, shall have power t-o suspem 15 from office for misbehavior, incapacity, neglect of offici 16 duty, or acts performed without due authority of law, 17 executive officers at the seat of government; except th 18 Lieutenant-Governor ; but, in any case in which this powei 19 is so exercised, the Governor shall report to the General As- 20 sembly, at the beginning of the next session thereof, tte 21 fact of such suspension and the cause therefor, and he shall 22 have power, during the recess of the Gk^neral Assembly, m 23 appoint, pro tempore, successors to all officers so suspended, 24 and to fill, pro tempore, all vacancies in the executive oflBces 25 of the State for the filling of which the Constitution and 26 laws make no other provision ; but his appointments to sud 27 vacancies shall be by commissions to expire at the end o^ 28 thirty days after the commencement of the next session o Digitized by Google COMMITTBB RBPOBTS. 3 the General Assembly. He shall have power to remit fines and penalties in such cases, and under such rules and regu- lations as may be prescribed by law, and except when the prosecution has been carried on by the House of Delegates, to grant reprieves and pardons after conviction ; tp remove political disabilities consequent upon conviction for offences committed prior or subsequent to the adoption of this Con- stitution, and to commute capital punishment ; but he shall communicate to the General Assembly, at each session, par- ticulars of every case of fine or penalty remitted, of re- prieve or pardon granted, and of punishment committed, with his reasons for remitting, granting, or committing the same. Sec. 6. The Governor may require information in writing from the oflScers in the executive department upon any sub- ject relating to the duties of their respective offices ; and may also require the opinion in writing, of the Attorney- General upon any question of law connected with his offi- cial duties as chief executive of the State. Sec. 7. Commissions and grants shall run in the name of the Commonwealth of Virginia, and be attested by the Governor, with the seal of the Commonwealth annexed. Sec. 8. Every bill which shall have passed the Senate and House of Delegates, and every resolution requiring the assent of both branches of the General Assembly, shall, be- fore it becomes a law, be presented to the Governor. If he approve, he shall sign it ; but if not he shall return it with his objections, to the house in which it shall have origina- ted, which shall enter the objections at large on its journal and proceed to reconsider the same. If, after such consid- eration, two-thirds of the members present shall agree to pass the bill or joint resolution, 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, it shall become a law, notwithstanding the objections of the Governor. If he approve the general purpose of any bill or joint resolution, but disapprove any part or parts thereof, he may return it, with recommenda- tions for its amendment, to the house in which it originated, whereupon the same proceedings shall be had in both houses upon the said bill or joint resolution, and his said recom- mendations in relation to its amendment, as is above pro- vided in relation to a bill or joint resolution, which he shall have returned without his approval, and his objections thereto : provided, that if after such reconsideration, both houses, by a vote of a majority of the members present in each, shall agree to amend the said bill or joint resolution, Digitized by Google 4 COMMITTEE RBPOBTS. 26 in accordance with his recommendations in relation thereto 27 or either house by such vote shall fail or refuse to so amend it 28 then, and in either case the said bill or joint resolution 29 shall be again sent to him, and he may act upon it as if 30 were then before him for the first time. But in all the casei 81 above set forth the votes of both houses shall be determine 32 by ayes and noes, and the names of the members voting (cm 33 and against the bill or joint resolution, shall be entered (» 34 the journal of each house, respectively. If any bill or reso 35 lution shall not be returned by the Governor within fi^ 36 days (Sundays excepted) after it shall have been pr^entec 37 to him, the same shall be a law in like manner as if he hac 38 signed it, unless the Legislature shall, by their adjoummeni 39 prevent such return, in which case it shall be a law if sigiiec 40 by the Governor within ten days after such final adjouni 41 ment, but not otherwise. LIEUTENANT-GOVERNOR. Sec. 9. A Lieutenant-Governor shall be elected at tb 2 same time and for the same term as the Grovernor, and hi 3 qualifications and the manner of his election, in all respects 4 shall be the same. Sec. 10. In case of the removal of the Governor fron 2 office, or of his death, failure to qualify, resignation, re 3 moval from the State, or inability to discharge the power 4 and duties of the office, the said office, with its compensa 5 tion, shall devolve upon the Lieutenant-Governor ; and th 6 General Assembly shall provide by law for the discharge o 7 the executive functions in other necessary cases. Sec. 11. The Lieutenant-Governor shall be president o 2 the Senate, but shall have no vote except incase of an equa 3 division ; and while acting as such, shall receive a compen 4 sation equal to that allowed to the Speaker of the House o 5 Delegates. For his services as a member of the Board 6 Public Works, while actually employed as such, he shall re 7 ceive a per diem to be fixed by law. SECRETARY OF THE COMMONWEALTH. Sec. 12. A Secretary of the Commonwealth shall 2 elected by the qualified voters of the State at the same tim 3 and for the same term as the Governor. He shall be coin 4 missioned by the Governor, and shall receive a salary to q 5 fixed by law. He shall keep a daily record of the officii 6 acts of the Governor, which shall be signed by the Goverm 7 and attested by the Secretary, and when required, he sba Digitized by Google COMMITTEE REPORTS. 5 8 lay the same, and any papers, minutes, and vouchers per- 9 taining to his oflBce, before either house of the General As- 10 sembly. He shall discharge all the duties heretofore at- 11 taching to the office of Register of the Land Office, and such 12 other duties as may be prescribed by law. All fees received 13 by the Secretary of the Commonwealth shall be paid into 14 the treasury. STATE TREASURER. Sec. 13. (Will refer to the office of Treasurer and be re- 2 ported on hereafter.) AUDITOR OF PUBLIC ACCOUNTS. Sec. 14. (Will refer to the Auditor of Public Accounts, 2 Ac, and be reported on hereafter.) Sec. 15. (Will refer to the office of Second Auditor, as 2 to the disposition of which the committee will make a sup- 3 plemental report.) Sec. 16. (Will refer to the bonds to be required of the 2 financial officers of the State, and their subordinates, and 3 will be reported on hereafter.) BUREAU OP AGRICULTURE, AC. Sec. 17. The General Assembly shall have power to es- 2 tablish a bureau of agriculture and immigration, and a bu- 3 reau of labor statistics, under such regulations as may be 4 prescribed by law. BOARD OP PUBLIC WORKS. Sec. 18. There shall be a Board of Public Works, to con- 2 sist of the Governor, Lieutenant-Grovernor, Attorney-General, 3 Treasurer, and Auditor of Public Accounts, under such 4 regulations, and with such powers and duties as may be pre- 5 scribed by law. WILLIAM E. CAMERON, CARTER GLASS, BEVERLY A. HANCOCK, HENRY FAIRFAX, JAS. W. MARSHALL, C. HARDING WALKER, E. H. LOVELL, H. D. FLOOD, J. M. HOOKER, J. L. BARHAM, ROBT. W, BLAIR. Digitized by Google Digitized by Google REPORT OF THE COMMITTEE ON EDUCATION AND PUBLIC INSTRUCTION. To the Ptesident of the Constitvitional Convention : The Committee on Education and Public Instruction beg leave to present herewith their report, and to state that there is practical unanimity on most of its provisions . RICHARD MoILWAINE, CARTER GLASS, JOHN W. LAWSON, JNO. THOMPSON BROWN, J. B. T. THORNTON, WALTER A. WATSON, JNO. GARLAND POLLARD. W. F. DUNAWAY, PRESTON W. CAMPBELL, J. M. WILLIS, E. H. LOVELL, J. W. GILMORE, GEO. W. JONES, GEORGE N. EARMAN, A. T. LINCOLN. ARTICLE — . Section 1. The General Assembly shall establish and 2 maintain an efficient system of public free schools through- 3 out the State. Sec. 2. The general supervision of the public free school 2 system of the State shall be vested in a Superintendent of 3 Public Instruction and a Board of Education to be com- 4 posed of the Governor, Attorney-General, Chairman of the 5 Faculty of the University of Virginia, President of the 6 College of William and Mary, President of the Virginia 7 Polytechnic Institute, President of the State Female Normal 8 School at Farmville, and the Superintendent of the Virginia 9 Military Institute : provided, however, that should the 0 Gteneral Assembly faU to make appropriations to any of Digitized by Google 2 COMMITTEE REPORTS. 11 said institutions, the Chairman of the Faculty, the presj 12 dent or superintendent of such institution, shall cease t^ 13 be a member of said board. Sec. 3. The Superintendent of Public Instruction shal 2 hold oflBce for a term of four years, and his duties and com 3 pensation shall be fixed by law. He shall be ex-officio presi 4 dent of the State Board of Education. Sec. 4. The duties and powers of the State Board o 2 Education shall be as follows : 3 First. It shall, subject to the confirmation of the Senate 4 appoint a Superintendent of Public Instruction, and al 5 superintendents of city and county public free schools, ani 6 may remove superintendents for cause and upon notice to th 7 incumbent : provided, that no member of the State Boari 8 except the ex-officio president thereof shall be eligible fo 9 appointment to the oflSce of Superintendent of Public In 10 struction during his term of office, nor within one year afte 11 the expiration of the same. 12 Second. It shall have, regulated by law, the manage 13 ment and investment of the school fund. 14 Third. It shall have authority to make all needful rule 15 and regulations for the management and conduct of th 16 public free schools, which rules and regulations, when puh 17 lished and distributed, shall have the force and effect o 18 law, but all rules and regulations of said board may b| 19 amended or repealed by the General Assembly, and whei 20 so amended or repealed, shall not be re-enacted by sai^ 21 board. 22 Fourth. It shall select text books and educational appU 23 ances for use in the public free schools of the State : pro 24 vided, that the school boards of cities of a population o 25 five thousand or more shall choose the books and apph 26 ances for their schools, subject to such rules and regulation 27 as the State Board of Education shall prescribe. 28 Fifth. It shall appoint a board of directors consisting o 29 five members, in which shall be vested the management o 30 the State library, and the appointment of a librarian an< 31 other employees therefor, subject to such rules and reguU 32 tions as the General Assembly shall prescribe. Sec. 5. Each magisterial district shall constitute a sepa 2 rate school district unless otherwise provided by law. Ii 3 each school district there shall be elected by the people thre 4 school trustees whose term of office shall be four years 5 provided , that in cities and towns constituting separate schoc 6 districts, school trustees shall be elected or appointed a 7 may be provided by law. Sec. 6. The General Assembly shall set apart as a pe: Digitized by Google OOMHITTBB BBPOBTS. 3 manent and perpetual literary fund, the present, literary- funds 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 offenses committed against the State, and such \ other sums as the General Assembly may appropriate. Sec. 7. The General Assembly shall apply the annual ! interest on the literary fund ; that portion of the capitation i tax provided for in the Constitution to be paid into the State I treasury, and an annual tax on property of not less than ) one nor more than five mills on the dollar to the public free ) schools of the primary and grammar grades, for the equal J benefit of all of the people of the State to be apportioned J on a basis of school population ; the number of children ) between the ages of seven and twenty years in each school ) district being the basis of such apportionment. I Each city, town (if the same be a separate school divis- l ion), county, and school district is authorized to raise addi- J tional sums by a tax on property not to exceed in the aggre- i gate five mills on the dollar in any one year, to be appor 5 tioned and expended by the local school authorities of said 5 cities, towns, counties, and districts in establishing and / maintaining such schools as in their judgment the public 5 welfare may require : provided, that such primary schools 9 as shall be established shall be maintained at least four D months of each year before any part of the fund assessed 1 and collected may be devoted to the establishment of schools 2 of higher grade. The boards of supervisors of the several J counties, and the common councils of the several cities and i towns (where the same be separate school divisions) , shall 5 provide for the levy and collection of the said local school 6 taxes. Sec. 8. The General Assembly may establish agricultural, 2 normal, manual training and technical schools, and such 3 grades of schools as shall be for the public good. Sec. 9. The General Assembly may enact laws to prevent 2 parents and guardians from allowing their children or wards 3 to grow up in ignorance. Sec. 10. White and colored children shall not be taught 2 in the same school. Sec. 11. No appropriation of public funds shall be made 2 to any school or institution of learning not owned and ex- i clusively controlled by the State, or some political sub-divis- 1 ion thereof : provided, first, that the General Assembly may, 5 in its discretion, continue the appropriations to the College 5 of William and Mary : and provided, second, that this sec- Digitized by Google 4 OOMlflTTBB BSPOBTS. 7 tion shall in no wise affect the Act of the Greneral Assembly 8 passed February 23, 1892, relating to bonds held by schools 9 and colleges : and provided, third, that cities, towns, and 10 counties may make appropriations to non-sectarian schools 11 of manual, industrial, or technical training. Sec. 12. The General Assembly shall make provision for 2 the maintenance of the University of Virginia by an annual 3 appropriation not less than now provided by law. Sec. 13. Members of the boards of the educational insti- 2 tutions, owned or controlled by the State, shall be appointed 3 for terms of four years. Digitized by Google REPORT OF THE COMMITTEE ON THE ORGANIZATION AND GOVERNMENT OF COUNTIES, AS AMENDED BY THE COMMITTEE OF THE WHOLE. The committee of the whole Convention, to whom was re- ferred the report of the Committee on the Organization and Government of Counties, have, according to order, had the same under consideration, and beg leave to report the same to the Convention as amended by the said committee : Amendmantt made in Oommittee of the Whole : Omit matter embraced in brackets [ ] and iniert parts printed in italics. ARTICLE VII. COUNTY ORGANIZATION. Section 1. There shall be elected by the qualiged voters 2 of each county, one sheriff, one attorney for the Common- 3 wealth [who shall also be the Commonwealth's attorney for 4 the circuit court ; one county clerk, who shall also be the 5 clerk of the circuit court] ; one clerk of the court ; one county 6 treasurer [who shall, after the second term, be ineligible to 7 same oflSce for the next succeeding term, for either treasurer 8 or deputy treasurer ; and so many commissioners of the 9 revenue as may be provided by law, who shall be paid per 10 capita as well as a percentage on the amount of property 11 listed by them, and who shall list and return for taxation 12 all classes of personal property, and discharge such other 13 duties as may be prescribed by law, and who shall be ineli- 14 gible to the same oflSce for the next succeeding term] ; who 15 shall not he elected nor serve for more than two consecutive terms, 16 nor shall he act as deputy of his immediate successor ; and there 17 shall he appointed, in a manner to he provided by law, commis- 18 sioners of the revenue, the number of whom, and whose duties 19 and compensation shall be such as may he prescribed by law • 20 one superintendent of the poor, and one county surveyor. Digitized by Google 2 COMMITTBB RBPOBTS. Sec. 2. The magisterial districts shall until changed h 2 law remain as now [laid off, named and fixed by law] eon 3 atituted: provided, that hereafter no additional districts shal 4 be made containing less than thirty square miles. In ead 5 district there shall be elected one supervisor [not more thai 6 three justices of the peace, one constable, and one oversee 7 of the poor.] The supervisors of the districts shall consti 8 stute the board of supervisors of the county, [whose dutyi 9 shall be to audit the accounts of the county, examine th 10 books of the commissioners of the revenue, regulate am 11 equalize the valuation of property, fix the county am 12 district levies for the ensuing year, and shall perforn 13 any other duties required of them by law,] who ^/wi 14 meet at fixed periods and as often as may be nece^^ary 15 fix the county and district levies, pass upon all claims agaira 16 the county, and perform such duties as may he requited by ku Sec. 3. . Sec. 4. All regular elections for county and district offi 2 cers shall be held on Tuesday after the first Monday in No 3 vember, and all of said officers shall enter upon the duties o 4 their offices on the first day of January next succeeding thei 5 election, and shall hold their respective offices for the tem 6 of four years, except the clerk of the court shall hold offic 7 for eight years. Sec. 5. The General Assembly, at its first session aftc 2 the adoption of the Constitution, shall pass such laws a 3 may be necessary to give effect to the provisions of tii 4 article* Sec. 6. [No county officer or supervisor shall hold an. 2 other office. J No person shall at the same time hold matt i/wi 3 one of the offices mentioned in this article. All officers wb 4 are required by law to give bond may be required to renei 5 the security on said bonds, and in default of so doing thei 6 offices shall be declared vacant. Counties shall neyerb 7 made responsible for the acts of the sheriffs. The committee of the whole propose the following independ ent section : l^he General Assembly shall provide by law for the examim 2 tion of the books, accounts and settlements of city and count 3 officers who are charged with the collection and disbursement c 4 public funds. Digitized by Google REPORT OF THE COMMITTEE ON JUDICIARY. > the President and Members of the Constitutionnl Convention : « The ComiQittee on Judiciary respectfully submit the 2 article which it is the opinion of the committee should be 3 submitted for Article VI of the present Constitution. 4 For the purpose of convenient comparison, the sections 5 of the old article and the new are given in parallel col- 6 umns unless the section is entirely new, and will be found 7 attached to this report. 8 The most pronounced changes will be found in the second 9 section fixing the jurisdiction of the Supreme Court of Ap- 0 peals, and in those sections establishing a system of courts 1 for the Commonwealth. In the former Constitution, the .2 character of the jurisdiction of the Supreme Court of 3 Appeals, whether original or appellate, is fixed, but the 4 Constitution itself does not confer jurisdiction. It was 15 the opinion of the committee that in cases involving the 16 life or liberty of the citizen or the constitutionalty of any 17 law, this jurisdiction should be conferred by the Constitu- 18 tion itself. This* is the only change in principle. Other 19 changes will be apparent from an examination of the old !0 section and the new. !1 There can be no matter of greater importance to the !2 people of this State than its judiciary. To it is committed !3 the life, the liberty, the property of the citizen. After !4 most careful and deliberate consideration, this committee !5 has concluded that there should be a single system of 16 courts between the justice of the peace and the Supreme !7 Court of Appeals, and that the county courts should be 18 abolished. They have divided the State into twenty-four B circuits. Outside of the cities, these courts will have W original jurisdiction of all matters except those cognizable '1 by a justice of the peace or the clerk of the court. The 12 State has been divided into a sufficient number of circuits 3 to permit each county of the State to have at least six ^ terms of the circuit court each year. Other circuits, where ^ business, especially criminal business, is large, are so ^ arranged as to permit monthly terms. It is believed that !7 this will greatly expedite the determination of civil causes Digitized by Google 2 COMMITTEE REPORTS. 38 in the counties of the Commonwealth and give a speed 39 and efficient administration of criminal justice. It is an 40 ticipated that the General Assembly will give precedenc 41 to criminal business at certain of these terms, to civil busi 42 ness at others, or authorize the judge of the circuit t 43 do so, but at each term, both criminal and civil busines 44 may be heard and determined. It is believed it would b 45 well to give to the judge of the circuit discretion, at a civi 46 term, to give precedence to a criminal case should the put 47 lie interests require it. The danger thaj counsel, litigant 48 and witnesses in civil cases will be detained in attendano 49 upon courts until the criminal business is disposed of, wil 50 thus be minimized. 51 The jurisdiction which may be given to the clerks of th 52 circuit courts in matters of probate, the appointment oi 53 guardians, etc., will give a tribunal always open forsuci 54 matters. 55 In cities containing more than 10,000 inhabitants, ther 56 is no change made in the courts. 57 In cities containing less than 10,000 inhabitants, n 58 change is made in the courts, except that such city ma 59 abolish it's corporation or hustings court by a vote of i« 60 people at two successive elections not less than tweW 61 months apart. In a number of such cities, the corporatio 62 or hustings court could have been abolished and the \>ns\ 63 ness easily disposed of by the regular circuit court. I 64 other such cities, conditions were difiPerent and astronj 65 demand was made by their representatives and by delega 66 tions for their preservation. They indicated a perfec 67 willingness that each such city should pay the entire salar 68 of its judge. Under such circumstances it was determine^ 69 to preserve the corporation or hustings courts in thed 70 cities, require them to pay the salary of their judges, an 71 give them no separate circuit court, so long as their cid 72 court continues to exist, and give to each city the power t 73 abolish its court. It is the opinion of the committee tha 74 these courts will survive where needed and will sooa ceas 75 to exist in other such cities. 76 The success of any judicial system must depend ver 77 largely upon the character and ability of its judges. Iti 78 impossible to command the best talent for the bench unles 79 reasonable salaries are paid the judges. Therefore it ha 80 been determined that it is wise to fix a minimum salad 81 for all judges except those in cities containing less thanle 82 thousand inhabitants. One half of these salaries is to b 83 paid by the State ; the other half by the respective dtk 84 and counties, according to their population. It is conlen Digitized by Google OOMMITTBB REPORTS. 3 85 plated that these salaries are to be paid out of the State 86 Treasury, which is to be reimbursed by the respective cities 87 and counties. 88 It is the opinion of this committee that justices of the 89 peace should be provided for in this article of the Constitu- 90 tion. This court disposes of many important matters and 91 conies more nearly home to the citizen less fortunate in this 92 world's goods than any other court of the Commonwealth. 93 The manner of the selection of its judges is a matter of the 94 utmost importance. It is believed that their appointment 95 by the judges of the circuit court, except in cities contain- 96 ing less than ten thousand inhabitants and by the judge of 97 the city court in such cities retaining their city court, will 98 result in the selection of men of more ability, higher 99 character and in everyway better fitted for these positions. 00 The first desire of your committee has been to give to the 01 people of Virginia an efficient judiciary system. Such a 02 system, in the end, is the most economical. Appeals and 03 new trials will be much less frequent, and justice, prompt, 04 equal and certain. 05 Although the minimum salaries of the judges have been 06 fixed at sums in excess of the present salaries, there will 07 be a considerable saving to the State in actual salaries paid, 08 as will appear from the tables below. ;OST OF THE JUDICIARY, IN SALARIES PAID THE JUDGES, UNDER THE PRESENT SYSTEM. 1 Salaries of judges of Court of Appeals (paid 2 by State) $ 16,200 00 3 Salaries of judges of circuit courts (paid by 4 State) 33,000 00 5 Salary of judge of Law and Chancery Court of 6 Norfolk (paid by State) 2,000 00 7 Salary of judge of Chancery Court of Richmond 8 (paid by State) 2,300 00 9 Salary of judge of Law and Equity Court of 0 Richmond (paid by State) 2,300 00 1 Salary of f judge of Hustings Court of Rich- 2 mond (paid by State) 1,000 00 3 Salaries of judges of county courts (paid out of 4 county levy) 47,244 16 10 Digitized by Google 4 COMMITTEE REPORTS. 15 Salaries of judges of cities (paid out of city 16 levy) 30,096 70 17 . 18 Total cost of judiciary under present system, 134,140 86 19 It will be seen from the above that of this total 20 of $134,140.86 there is paid by the State... 56,800 00 21 There is paid out of county levy 47,244 16 22 There is paid out of city levy 30,096 70 23 — — ^— "" 24 Total $134,140 86 COST OF THE JUDICIARY UNDER THE PROPOSED SYSTEM. 1 Salaries of judges of Court of Appeals $ 20,000 00 2 Salaries of twenty-four judges of circuit courts, 60,000 00 3 Salaryof judge of Chancery Court of Richmond, 2,500 00 4 Salaryof judge of Law and Equity Court of 5 of Richmond 2,500 00 6 Salary of judge of Hustings Court of Richmond, 2,500 00 7 Salary of judge of Corporation Court of Norfolk, 2,500 00 8 Salary of judge of Law and Chancery Court of 9 Norfolk 2,000 00 10 Salary of judge of Corporation Court of Alex- 11 andria 2,500 00 12 Salary of judge of court of Bristol 1,050 00 13 Salary of judge of court of Buena Vista 200 00 14 Salary of judge of court of Charlottesville. . . 500 00 15 Salary of judge of court of Danville 2,000 00 16 Salary of judge of court of Fredericksburg . . 700 00 17 Salary of judge of court of Lynchburg 2,000 00 18 Salary of judge of court of Manchester 1,300 00 19 Salary of judge of court of Newport News. . . 2.000 00 20 Salary of judge of court of Petersburg 2,000 00 21 Salary of judge of court of Portsmouth 2,000 00 22 Salary of judge of court of Radford 600 00 23 Salary of judge of court of Roanoke 2,000 00 24 Salary of judge of court of Staunton 1,200 00 25 Salary of judge of court of Williamsburg. . . 80 00 26 Salary of judge of court of Winchester 500 00 27 28 Total $112,630 00 *?9 Digitized by VjOOQIC COMMITTEB RBPORTS. 5 (0 It is assumed that the cities will keep the salaries of 11 their judges as at present. 52 The following sums contributed by the cities named to )3 make the salaries of the judges of these cities equal to that a received by them at present, should be added : 55 Richmond $ 4,000 04 J6 Norfolk 83 33 J7 Newport News 775 00 $8 Lynchburg 708 33 J9 Petersburg ^ 500 00 il Total $118,696 70 t2 13 Total cost under present system $134,140 86 M Total cost under proposed system 118,696 70 45 16 Amount saved under proposed system $15,444 16 AMOUNT PAID BY STATE UNDER PROPOSED SYSTEM. 1 Salaries of judges of court of appeals $ 20,000 00 2 One-half of the salaries of the twenty-four cir- 3 cuit judges (each, $2,500) , excluding the 4 sum which would fall to the city of Rich- 5 mond, which is to be paid by the State. . . . 30,000 00 6 Amount of salary of the circuit court of the 7 city of Richmond, which is to be paid by 8 the State (approximately) 835 00 9 One-half of the salaries of the three judges of 10 the city of Richmond, and the two judges 11 of the city of Norfolk (each, $2,500) 6,250 00 12 One-half of the salaries of the judges of the 13 following cities containing a population less H than 30,000 and more than 10,000— viz. : 15 Alexandria, Danville, Lynchburg, Newport 16 News, Petersburg, Portsmouth, and Roan- 17 oke (each, $2,000) 7,000 00 18 19 Total cost to State under proposed system .... $ 64,085 00 20 Total cost to State under present system 56,800 00 22 Increased cost to State under proposed system, $ 7,285 00 24 Cost to counties under present system $ 47,244 16 Digitized by VjOOQ IC 6 COMMITTEE REPORTS. 25 Cost to counties under proposed system (ap- 26 proximately) 25,000 00 27 28 Amount saved to counties under proposed 29 system $ 22,244 16 30 31 Cost to cities under present system $ 30,096 70 COST TO CITIES UNDER PROPOSED SYSTEM. 1 One-sixth of the salaries of the 2 twenty- four circuit judges less 3 the sum which would fall to the 4 city of Richmond, which is to be 5 paid by the State $4,165 00 6 One-half of the salaries of the three 7 judges of Richmond city, and 8 the two judges of Norfolk (each, 9 $2,500) 6,250 00 10 One-half of the salaries of the 11 judges of the following cities, 12 containing a population of less 13 than 30,000 and more than 14 10,000— viz. : Alexandria, Dan- 15 ville, Lynchburg, Newport 16 News, Petersburg, Portsmouth, 17 and Roanoke (each, $2,000) . . . 7,000 00 18 The following sums paid wholly by 19 the cities named — viz.: Bristol, 20 $1,050; Buena Vista, $200; 21 Charlottesville, $500; Freder- 22 icksburg, $700 ; Manchester, 23 $1,300; Radford, $600 ; Staun- 24 ton, $1,200 ; Williamsburg, $80 ; 25 and Winchester, $500 6,130 00 26 The following sums contributed by 27 the cities named to make the 28 salaries of the judges of these 29 cities equal to that received by 30 them at present — viz. : Rich- 31 mond, $4,000.04; Norfolk, 32 $83.33; Lynchburg, $708.33; /Google Digitized by ' ^4i COMMITTBB RBPOKTS. J3 Newport News, $775; Peters- J4 burg, $500 6,066 70 \5 $ 29,611 70 }6 57 Amount saved to cities under proposed system, $ 485 00 58 59 Amount saved to counties under proposed sys- W tem $ 22,244 16 U Amount saved to cities under proposed system, 485 00 12 13 $ 22,729 16 14 Increased cost to State under proposed system, 7,285 00 15 16 Amount saved under proposed system $ 15,444 16 The probable abolition of the corporation or hustings 2 courts in a number of the cities containing less than ten 3 thousand inhabitants may diminish the cost of the proposed 4 system in the near future. 5 It is the unanimous opinion of this committee that the 6 present judges of the Supreme Court of Appeals should hold 7 office until the 1st day of January, 1907, and the Committee 8 on Final Revision and Schedule is requested to provide for 9 this in the schedule. 10 The Committee on Final Revision and Schedule is also 11 requested to provide in the schedule that the new system of 12 circuit courts shall become operative on the first day of 13 following the election of the judges therefor. 14 Sections 14 to 21, inclusive, in the present Constitution, 15 relating to the government of cities and towns, have no place 16 in this article, and have not been considered by this com- 17 mittee. EPPA HUNTON, Jr., C. V. MEREDITH, WM. GORDON ROBERTSON, EUGENE WITHERS, WILLIAM E. CAMERON, ALFRED P. THOM, B. T. GORDON, D. Q. EGGLESTON, FRANCIS S. SMITH, RICHARD S. PARKS, R. A. AYERS, A. C. BRAXTON, C. HARDING WALKER. Individual members reserve the right to offer or vote for unendments upon part^icular questions as to which they differ bm the committee. Digitized by Google 8 ' COMMITTBE REPORTS. ARTICLE VI. JUDICIARY DEPARTMENT. Proposed Article for New Constitution. Sec. 1. There shall be a Su- 2 preme Court of Appeals, 3 circuit courts and city courts. 4 The jurisdiction of those tri- 5 bunalsand the judges there- 6 of, except so far as the same 7 is conferred by this Consti- 8 tution shall be regulated by 9 law. 10 (City courts i n s e r t e d — 11 county courts omitted.) Sec. 2. The Supreme Court 2 of Appeals shall consist of 3 five judges, any three of 4 whom may hold a court. It 5 shall have original jurisdic- 6 tion in all cases of habeas 7 corpus y mandamus y and pro- 8 hibition ; but in all other 9 cases in which it shall have 10 jurisdiction it shall have ap- 11 pell ate jurisdiction only. 12 It shall, by virtue of this 13 Constitution, subject to 14 such reasonable rujes pre- 15 scribing the course of ap- 16 peal and limitation as to 17 time, and to such reason- 18 able terms as to security,, 19 if any,and as to the granting 20 or refusing appeals, and as 21 to procedure therein as may 22 be proscribed by law, have 23 appellate jurisdiction in all 24 cases involving the consti- 25 tutionality of a law as be- 26 ing repugnant either to the 27 Constitution of the United 23 States or to the Constitu- Article under Present Constitution. Sec. 1. There shall be a 2 Supreme Court of Appeals, 3 circuit courts, and county j 4 courts. The jurisdiction of 5 these tribunals, and the 6 judges thereof, except so far 7 as the same is conferred by 8 this Constitution, shall be 9 regulated by law. Sec. 2 The Supreme Court 2 of Appeals shall consist of 3 five judges, any three of 4 whom may hold a court. It 5 shall have appellate jurisdic- 6 tion only, except in cases of 7 habeas corpus ymxindavfiuSydXi^ 8 prohibition. It shall not 9 have jurisdiction in civil 10 cases where the matter in 11 controversy, exclusive of 12 costs, is less in value or 13 amount than five hundred 14 dollars, except in controver- 15 sies concerning the title or 16 boundaries of land, the pro- 17 bate of a will, the appoint- 18 ment or qualification of a 19 personal representatire, 20 guardian, committee, or cu- 21 rator ; or concerning a mill, 22 roadway, ferry, or landing; 23 or the right of a corpora- 24 tion or of a county to levy 25 tolls or taxes, and except in 26 cases of habeas corpus ^ man- 27 damusy and prohibition, or 28 the constitutionality of & Digitized by Google COMMITTBB REPORTS. 9 29 tion of this State, or in- 30 volving the life of liberty 31 of any person, and it shall 32 also have appellate juris- 33 diction in such other cases, 34 within the limits hereinaf- 35 ter ascertained, as may be . 36 prescribed by law : pro- 37 vided, that no appeal shall 38 be allowed at the instance 39 of the Conlmonwealth in 40 any case involving the life 41 or liberty of a person, ex- 42 cept that the law may pro- 43 vide for an appeal to said 44 court at the instance of the 45 Commonwealth in any case 46 involving the enforcement 47 of any revenue law of the 48 State : and, provided fur- 49 ther, that no bond shall be 50 required of any accused 51 person as a condition of ap- 52 peal, except that a super- 53 sedeas bond may be required 54 where the only punishment 55 imposed in the court below 56 has been a fine. 57 The said court shall not 58 have jurisdiction in civil 59 cases where the matter in 60 controversy, exclusive of 61 costs and of interest accrued 62 since the judgment in the 63 court below, is less in value 64 or amount than five hun- 65 dred dollars, except in con- 66 troversies concerning the 67 title to or boundaries of 68 land, the condemnation of 69 property, the probate of a 70 will, the appointment or 71 qualification of a personal 72 representative, guardian, 73 committee, or curator ; or 74 concerning a mill , roadway , 75 ferry, or landing; or the 29 law : provided, that the as- 30 sent of a majority of the 31 judges elected to the court 32 shall be required in order to 33 declare any law null and 34 void by reason of its repug- 35 nance to the Federal Consti- 36 tution or to the Constitution 37 of this State. Digitized by Google 10 COMBriTTBS KBPORTS. 76 right of a corporation or 77 county to levy tolls or taxes ; 78 or involving the construc- 79 tion of any law of the 80 State, or of any ordinance 81 of a corporation, or of any 82 proceeding of a county im- 83 posing taxes ; and, except 84 in cases of habeas corpus y 86 mandamti^, and prohibition, 86 the constitutionality of a 87 law, or some other matter 88 not merely pecuniary : pro- 89 vided, that the assent of at 90 least three of the judges 91 shall be required in order 92 for said court to determine 93 that any law is, or is not, 94 repugnant to the Constitu- 95 tion of the United States, 96 or to the Constitution of 97 this State ; and if, in any 98 case involving the constitu- 99 tionality of any such law, 100 not more than two of the 101 judges sitting agree in 102 opinion on the Constitu- 103 tional question involved, 104 and the case cannot be de- 105 termined, without passing 106 on the Constitutional ques- 107 tion, no judgment shall be 108 entered thereon, but the 109 case shall be reheard before 110 a full court ; and in no case 111 where the jurisdiction of 112 the said court depends sole- 113 ly upon the fact that a 114 question of the constitu- 115 tionality of a law is in- 116 volved, shall the court de- 117 cide such case upon its 118 merits, unless the conten- 139 tion of the appellant upon 120 such Constitutional ques- 121 tion be sustained. If, in 3.22 any case, the requisite ma- Digitized by Google COMMITTBB RBPORTB. 11 123 jority of the judges sitting 124 are unable to agree upon a 125 decision, such case shall be 126 reheard before a full court, 127 which, in case any one or 128 more of the judges are un- 129 able, unwilling, or disquali- 130 fied to sit, shall be consti- 131 tuted by temporarily filling 132 the vacancy or vacancies in 133 a manner to be prescribed 134 by law. Sec. 3. Special courts of 2 appeals, to consist of not less 3 than three nor more than 4 five judges, may be formed 5 of the judges of the Supreme 6 Court of Appeals and of the 7 circuit coui'ts, or any of 8 them, to try any cases on 9 the docket of said court in 10 respect to which a majority 11 of the judges thereof may be 12 judges thereof may be so sit- 13 uated as to make it improper 14 for them to sit on the hear- 15 ing of the same ; also, to try 16 any cases on the said docket 17 which cannot be otherwise 18 disposed of with convenient 19 dispatch. 20 (Change so as to include 21 city judges.) Sec. 4. When a judgment 2 or decree is reversed or af- 3 firmed by the Supreme Court 4 of Appeals the reasons there- 5 for shall be stated in writing 6 and preserved with the re- 7 cords of the case, and when 8 an appeal or writ of error is 9 refused, a brief statement in 10 writing of the reasons for 11 such refusal shall be given. L2 (Changed so as to require a L3 brief statement in writing of Sec. 3. Special courts of 2 appeals to consist of not less 3 than three nor more than five 4 judges may be formed of the 5 judges of the Supreme Court 6 of Appeals, of the circuit 7 courts, and of the city courts 8 of record, or of any of them, 9 to try any cases on the docket 10 of said court in respect to 11 which a majority of the 12 80 situated as to make it 13 improper for them to sit on 14 the hearing of the same ; 15 also, to try any cases on the 16 said docket which cannot be 17 otherwise disposed of with 18 convenient dispatch. Sec. 4. When a judgment 2 or decree is reversed or af- 3 firmed by the Supreme Court 4 of Appeals the reasons there- 5 for shall be stated in writ- 6 ing and preserved with the 7 records of the case. Digitized by Google 12 COMMITTBB REPORTS. 14 the reasons for refusing an 15 appeal.) Sec. 5. The judges of the 2 Supreme Court of Appeals 3 shall be chosen by the joint 4 vote of the two houses of the 5 General Assembly , and shall , 6 after the first election here- 7 under, hold their oflSce for a 8 term of twelve years, unless 9 sooner removed in the man- 10 ner prescribed by this Con- 11 stitution. They shall, when 12 chosen, have held a judicial 13 station in the United States, 14 or shall have practiced law 15 in this or some other State 16 for five years. At the first 17 election of said judges under 18 this Constitution, the Gene- 19 ral Assembly shall elect one 20 of said judges for a term of 21 four years, two for a term of 22 eight years, and two for a 23 term of twelve years. 24 (At the first election un- 25 der this Constitution to be 26 elected for difl'erent terms.) Sec. 6. The officers of the 2 Supreme Court of Appeals 3 shall be appointed by the 4 said court or by the judges 5 thereof in vacation. Their 6 duties, compensation, and 7 tenure of office shall be pre- 8 tscribed by law. 9 (Unchanged.) Sec. 7. The Supreme Court 2 Court of Appeals shall hold 3 its sessions at two or more 4 places in the State, to be 5 fixed by law. 6 (Unchanged.) Sec. 5. The judges shall be 2 chosen by the joint vote of 3 the two houses of the (5ene- 4 ral Assembly, and shall hold 5 their office for a term of 6 twelve years; they shall, 7 when chosen, have held a 8 judicial station in the United 9 States, or shall have prac- 10 ticed law in this or some 11 other State for five years. Digitized by GoogL COMMITT££ RBPOBTS. 13 Sec. 8. The State shall be divided into twenty-four judi- 2 cial circuits as follows : 3 The counties of Norfolk, Princess Anne, and Portsmouth 4 shall constitute the first circuit. 5 The counties of Nansemond, Southampton, and Isle of 6 Wight, and the city of Norfolk, shall constitute the second 7 circuit. 8 The counties of Prince George, Surry, Sussex, Greens- 9 ville, and Brunswick shall constitute the third circuit. 10 The counties of Chesterfield, Powhatan, Dinwiddle, 11 Nottoway, and Amelia, and the city of Petersburg, shall 12 constitute the fourth circuit. 13 The counties of Prince Edward, Cumberland, Bucking- 14 ham, Appomattox, and Charlotte shall constitute the fifth 15 circuit. 16 The counties of Lunenburg, Mecklenburg, Halifax, Camp- 17 bell, and the city of Lynchburg, shall constitute the sixth 18 circuit. 19 The counties of Pittsylvania, Franklin, Henry, and Pat- 20 rick, and the city of Danville, shall constitute the seventh 21 circuit. 22 The counties of Amherst, Nelson, Albemarle, Fluvanna, 23 and Goochland shall constitute the eighth circuit. 24 The counties of Rappahannock, Culpeper, Madison, 25 Greene, Orange, and Louisa shall constitute the ninth cir- 26 cuit. 27 The county of Henrico and the city of Richmond shall 28 constitute the tenth circuit. 29 The counties of Accomac, Northampton, Elizabeth City, 30 and the city of Newport News, shall constitute the eleventh 31 circuit. 32 The counties of Richmond, Northumberland, Westmore- 33 land, Lancaster, and Essex shall constitute the twelfth cir- 34 cuit. 35 The counties of Gloucester, Mathews, King and Queen, 36 King William, and Middlesex shall constitute the thirteenth 37 circuit. 38 The counties of New Kent, Charles City, James City, 39 York, and Warwick shall constitute the fourteenth circuit. 40 The counties of King George, Stafford, Spotsylvania, 41 Caroline, and Hanover shall constitute the fifteenth circuit. 42 The counties of Fauquier, Loudoun, Prince William, 43 Fairfax, and Alexandria, and the city of Alexandria, shall 44 constitute the sixteenth circuit. 45 The counties of Frederick, Clarke, Warren, Shenandoah, 46 and Page shall constitute the seventeenth circuit. Digitized by Google 14 COMMITTBE RBPOBTS. 47 The counties of Rockingham, Augusta, and Rockbridgi 48 shall constitute the eighteenth circuit. 49 The counties of Highland, Bath, Alleghany, Craig, aik 50 Botetourt shall constitute the nineteenth circuit. 51 The counties of Bedford, Roanoke, Montgomery, anc 52 Floyd, and the city of Roanoke, shall constitute the twea 53 tieth circuit. 54 The counties of Pulaski, Carroll, Wythe, and Graysoi 55 shall constitute the twenty-first circuit. 56 The counties of Bland, Tazewell, Giles, and BuchanAi 57 shall constitute the twenty-second circuit. 58 The counties of Washington, Russell, and Smyth shal 59 constitute the twenty-third circuit. 60 The bounties of Scott, Lee, Wise, and Dickenson shal 61 constitute the twenty-fourth circuit. Digitized by Google COMMITTEB RBPORTS. 16 Sec. 9. The General Assem- bly may rearrange said cir- cuits, or any of them, and increase or diminish the number thereof when the pubhc interests shall require it. But no new circuit shall be created containing less than 60,000 inhabitants, nor when the eflFect of creating it will be to reduce the num- ber of inhabitants in any ex- isting circuit below 60,000. (Limitation as to popula- tion in creating new cir- cuits.) Sec. 10. For each circuit a judge shall be chosen by the joint vote of the two houses of the Greneral Assembly, who shall, after the first election hereunder, hold his ofiSce for a term of eight years, unless sooner removed in the manner prescribed by this Constitution. He shall, when chosen, possess the same qualifications as judges of the Supreme Court of Ap- peals, and during his con- tinuance in oflSce, shall re- side in the circuit of which be is judge. At the first election of said judges under this Constitution, the Gene- ral Assembly shall elect the judges of the districts bear- ing odd numbers for a term ef four years and those of the districts bearing even num- bers for a term of eight years. (Changed so as to provide that at the first election un- der this Constitution judges of circuits bearing odd num- bers shall be elected for four Sec. 10. The General As- 2 sembly may rearrange said 3 circuits, or any of them, 4 and increase or diminish the 5 number thereof when the 6 public interests shall require 7 it. Digitized by Google 16 COMMITTEB REPORTS. 2 3 4 5 32 years and the others for eight 33 years.) Sec. 11. The number o f terms of the circuit courts which shall be held for each county and city shall be such as may be prescribed by law. 6 But no separate circuit court 7 shall be held for any city of 8 the second class (as defined 9 in section 13 of this article) 10 until said city shall abolish 11 its existing city court. The 12 judge of one circuit maybe 13 required or authorized to hold 14 court in any other circuit. 15 (Compare sections for 16 changes.) Sec. 12. That for the pur- poses of a judicial system, the cities of this Common- wealthy shall be divided into two classes ; the first class shall include all cities con- taining, by the last preced- ing United States census, 9 or other census provided by 10 law, 10,000 inhabitants, or more, and the second class shall include all cities con- taining (according to the same census) less than 10,- 000 inhabitants. In every city containing 10,000 in- 17 habitants or more, there may 18 be, in addition to the circuit 19 court, a corporation or hus- 20 tings court. In any city 21 containing 30,000 inhabit- 22 ants or more, the General 23 Assembly may provide for 24 such additional courts as the 25 public interests may from 26 time to time require, and in 27 every such city the city 28 courts , as they now exist ,shall 29 continue until otherwise 2 3 4 5 6 7 8 11 12 13 14 15 16 Sec. 11. For eachcircni 2 judge shall be chosen by l 3 joint vote of the two hom 4 of the Greneral Assemh! 5 who shall hold his office 6 a term of eight years, ui 7 sooner removed in the mi 8 ner prescribed by this 0 9 stitution. He shall, w' 10 chosen, possess the 11 qualifications of jud 12 the Supreme Court of A 13 peals ; and, during his 14 tinuance in office shall 15 side in the circuit of v 16 he is judge. Sec. 12. A circuit coi 2 shall be held at least twi( 3 year by the judges of 4 circuit in every county aj 5 corporation thereof where 6 a circuit court now is or 7 hereafter be established. 8 the judges may be requi 9 or authorized to hold tl 10 courts of their respecti 11 circuits alternately, and 12 judge of one circuit to ho 13 court in any other circuit Digitized by Google COMMITTBB REPORTS. 17 30 provided by law. Every city 31 of the second class, which, to 32 the time this Constitution 33 goes into effect, shall have 34 a Corporation or Hustings 35 Court, may abolish the same 36 by a vote of a majority of 37 its qualified electors at two 38 successive elections, held for 39 the purpose, not less than 40 twelve months apart. 41 (Substitute for section 14 — 42 new.) Sec. 13. For each city court of record a judge shall be chosen by the joint vote of the two houses of the Gene- ral Assembly, and shall, after the first election here- under, unless sooner re- moved in the manner pre- scribed by this Constitution, hold his oflBce for a term of eight years. He shall, when chosen, possess the same 13 qualifications as judges of 14 the Supreme Court of Ap- peals, and during his con- tinuance in office shall reside in the city of which he is judge. At the first election of said judges under this Constitution, the General Assembly shall elect, as nearly as practicable, one- half for a term of four years and the residue for a full term of eight years. But the judges of city courts may be required or authorized to hold the circuit courts of any city or county of the Com- monwealth. (New section.) Sec. 14. The General As- 2 sembly shall have power to 3 establish such court or courts 2 3 4 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sec. 14. For each city or 2 town in the State containing 3 a population of five thousand Digitized by Google 18 GOMMITTBB REPORTS. 4 of land registration as it may 5 deem proper for the admin- 6 istration of any law it may 7 adopt for the purpose of 8 the settlement, registration, 9 transfer, or assurance of ti- 10 ties to land in the Common- 11 wealth, or any part thereof. 12 (New section.) Sec. 15. The General As- 2 sembly shall have power to 3 confer upon ihe clerks of the 4 several circuit courts juris- 5 diction , to be exercised in the 6 manner and under regula- 7 tions to be prescribed by law, 8 in the matter of the admis- 9 sion of wills to probate and 10 of the appointment and qual- 11 ification of guardians, per- 12 sonal representatives, ap- 13 praisers, and committees of 14 the estates of persons who 15 have been adjudged insane. 16 (New section.) Sec. 16. All the judges shall 2 be commissioned by the Gov- 3 ernor. They shall receive 4 such salaries and allowances 5 as may be determined by law 6 within the limitations fixed 7 by this Constitution, the 8 amount of which shall not be 9 increased or diminished dur- 10 ing their terms of oflBce. 11 Their terms of office shall 12 commence on the first day of 13 next following their 14 election, and whenever a va- 15 cancy occurs in the office of 16 judge, his successor shall be 17 elected for the unexpired 18 term. Sec. 17. The salaries of the 2 judges of the Supreme Court 3 of Appeals shall be not less 4 than $4,000 per annum, and 4 shall be elected, on the joii 5 vote of the two houses of t 6 Greneral Assembly, one 7 judge, who shall hold a c< 8 poration or hustings court 9 said city or town as oft^ 10 and as many days in e 11 month as may be prescrib 12 by law, with similar jur 13 diction, which may be givl 14 by law to the circuit coui 15 of this State, and who sh 16 hold his office for a term 17 six years : provided, that 18 cities or towns containij 19 thirty thousand inhabitan 20 there may be elected an i 12 ditional judge to hold cou 22 of probate and record, sep 23 rate and apart from the cd 24 poration or hustings court 25 and perform such other dl 26 ties as shall be prescribed 1 27 law. Digitized by Google COMMITTEE REPOBTS. 19 5 shall be paid by the State. S The salaries of the judges of 7 the circuit courts shall be i [not less than $2,500 per an- 9 num, one-half of which shall 1) be] paid by the State, the 1 other half by the cities and 2 counties composing the cir- 3 cuit, according to their re- 4 spective population ; except 5 that as to the salary of the 6 judge of the circuit court of 7 the city of Richmond, the 8 State shall pay the propor- 9 tion thereof which would 0 otherwise fall to the city of 1 Richmond. [The salaries of 3 the judges of city courts in !3 cities ccntainining not less 14 than 10,000 nor more 30,000 15 inhabitants, shall be not less !6 than $2,000 per annum, and !7 in cities containing more » than 30,000 inhabitants not !9 less than $2,500 per annum.] to The salaries of judges of the H city courts containing more t2 than 10,000 inhabitants shall 3 be paid, one-half by the (4 State, the other half by the fi city. The whole of the afore- 16 said salaries of said judges ^7 shall be paid out of the State * Treasury, the State to be re- ® imbursed by the respective iO cities and counties. Each il such city may, by the vote S of its council, increase the '3 salaries of its city or circuit 14 judges, or any one or more ^ of them as it may deem ^ proper, such increase to be '7 paid wholly by the said city, j8 but such additional allow- ance or allowances shall not be increased or diminished during the term of office of 11 Digitized by Google 20 COICICITTBB REPORTS. 62 the judge. Each city con- 63 taining less than 10,000 in- 64 habitants shall pay the sal- 65 ary of the judge of its cor- 66 poration or hustings court. 67 (New section.) Sec. 18. Judges may be re- moved from office by im- peachment, as provided in this Constitution, or by a concurrent vote of both houses of the General As- sembly, but in case of re- moval by such concurrent vote, a majority of all the members elected to each house must concur in such vote, and the cause of re- moval shall be entered on the 14 journ)Eil of each house. The 16 judge against whom the Greneral Assembly may be about to proceed shall have notice thereof, accompanied by a copy of the causes al- leged for his removal, at least twenty days before the day on which either house of the General Assembly shall act thereon. (Compare sections for 26 changes.) Sec. IP. No judges of the Supreme Court of Appeals, of the circuit court, nor of any city court of record shall practice law, within or with- out this State, nor shall he hold any other office of pub- 8 lie trust during his continu- 9 ance in office ; except that the judge of a corporation or hustings court in a city of the second class, as defined in section thirteen of this article, may hold the office 2 3 4 6 6 7 8 9 10 11 12 13 16 17 18 19 20 21 22 23 24 25 2 3 4 6 6 7 10 11 12 13 14 l5 of commissioner in chancery Digitized by Google COMMITTEE BEP0BT8. 21 16 of the circuit court for the 17 county in which said city is 18 located. (Substitute for sec- 19 tion 24. Judges shall not 20 practice law, nor hold office, 21 except commissioner in 22 chancery.) Sec. 20. Judges and all 2 other officers, elecjied or ap- 3 pointed, shall continue to 4 discharge the duties of their 5 offices after their terms of 6 service have expired until 7 their successors have quali- 8 fied. 9 (Old Sec. 25 unchanged.) Sec. 21. Writs shall run 2 " in the name of the Com- 3 mon wealth of Virginia," 4 and be attested by the clerks 5 of the several courts. In- 6 dictments shall conclude 7 ''against the peace and dig- 8 nity of the Commonwealth." 9 (Old Sec. 26 unchanged.) Sec. 22. At every election 2 of a Governor an Attorney- 3 Greneral shall be elected by 4 the qualified voters of this 5 Commonwealth. He shall 6 be commissioned by the Gov- 7 ernor, perform such duties 8 and receive such compensa- 9 tion as may be prescribed by 10 law, and shall be removable 11 in the manner prescribed for 12 the removal of judges. 13 (Old Sec. 8 unchanged.) Sec. 23. The number and 2 jurisdiction of the justices of i8 the peace for each city and itt county shall be prescribed by law. They shall be ap- Sec. 22. All the judges shall 2 be commissioned by the Gk)v- 3 ernor, and shall receive such 4 salaries and allowances as 5 may be determined by law, 6 the amount of which shall 7 not be diminished during 8 their term of office. Their 9 terms of office shall com- 10 mence on the first day of 11 January next following their 12 appointment, and they shall 13 discharge the duties of their 14 respective offices from their 16 first appointment and quali- 16 fication under this Constitu- 17 tion until their terms begin. Sec. 23. Judges may be re- 2 moved from office by a con- 3 current vote of both houses 4 of the General Assembly, but 6 a majority of all the mem- Digitized by Google 22 GOMMITTBB RBt^ORTS. 6 pointed by the judges of the 7 circuit courts of the respec- 8 tive cities and counties of the 9 Commonwealth, except in 10 cities of less than ten thou- sand inhabitants which have a corporation or hustings court. In such cities they shall be appointed by the 15 judges of said corporation or 16 hustings court. In cities 17 which are authorized by law to have a police court, the police justice shall be elected as may be prescribed bylaw. Justices of the peace may be removed in the manner 23 prescribed by law. 24 (New section.) 11 12 13 14 18 19 20 21 22 6 bers elected to each house 7 must concur in such vote 8 and the cause of removal 9 shall be entered on the jour 10 nal of each house. TIm 11 judge upon whom the (Jene 12 ral Assembly may be about 13 to proceed shall have notice 14 thereof, accompanied by 15 copy of the cause alleged to\ 16 his removal, at least twenn 17 days before the day on whici 18 either house of the Genera 19 Assembly shall act thereon Sec. 24. Judges of the St 2 preme Court of Appeals aD< 3 judges of the circuit court 4 shall not hold any other offic 5 of public trust during thei 6 continuance in office. t Digitized by Google REPORT )F COMMITTEE ON PUBLIC INSTITUTIONS AND PRISONS. Richmond, Va., November 21, 1901. ^0 the Hon. John Ooode, President of the Constitutional Conven- tion : The Committee on Public Institutions and Prisons espectfully report that they have given the most careful onsideration to the subjects committed to it by the Conven- ion, and have visited and personally examined into the ondition and management of the penitentiary and State lospitals for the insane, and herewith transmit the result of heir labors, constituting ten new sections to be incorpo- •ated in the Constitution, which, in their opinion and judg- nent, will secure the most eflBcient, economical, and stable jovemment of these institutions, and a thorough visitation md inspection of these and all other institutions of a like character in the State. Very respectfully, R. A. AYERS, D. Q. EGGLESTON, CHAS. J. MONCURE, WM. N. PORTLOCK. T. L. GWYN, SAMUEL P. WADDILL, W. T. YANCEY, A. T. LINCOLN, W. L. COBB, C. J. CAMPBELL, I most respectfully dissent from the committee as to the latter part of section four in the above report on the State peniten- tiary, which authorizes the board of directors to borrow $250,- 900 on the credit of the State to enlarge the buildings at the penitentiary. I deem it wholly unnecessary and inexpedient for the State to borrow any money for this purpose. I, there- fore, reserve the right when the report is presented to the Con- ?ention to oflfer an amendment to strike out the clause above referred to. I concur with the committee, and most heartily endorse the remainder of the report. L. A. HARDY. Digitized by Google coiciarm rspobts PUBLIC INSTITUTIONS AND PRISONS. PBNITBNTLABY. Section 1. There shall be a penitentiary located in the 2 city of Richmond, with such branch prisons and prison 3 farms elsewhere as may be provided by law. Section 2. The penitentiary, branch prisons, and prison 2 farms, shall be governed and controlled, and the superin- 3 tendents and surgeons thereof appointed by a board of five 4 directors to be appointed -by the Governor by and with the 5 advice and consent of the Senate. The superintendent 6 shall appoint and may remove all other officers and em- 7 ployees of the penitentiary, branch prisons, and prison 8 farms, subject to the approval of the board of directors. 9 The superintendents and surgeons shall be removable by 10 the board of directors for misbehavior, incapacity, neglect 11 of official duty, or acts performed without due authority of 12 law. The terms of the directors first appointed shall be 13 one, two, three, four and five years, respectively, and there- 14 after, upon the expiration of the term of a director, his suc- 15 cesser shall be appointed for a term of five years. Section 3. The board of directors shall provide cells at 2 the penitentiary with sufficient air space and ventilation to 3 maintain health, together with all additional buildings neces- 4 sary for that purpose, for which it may, with the approval 5 of the Governor, expend all of the receipts deriv^ from 6 hire of convicts after deducting expenses and maintenance 7 of the penitentiary, branch prisons and prison farms. Section 4. The General Assembly shall, upon the appli- 2 cation of the board of directors of the penitentiary, ap- 3 proved by the Governor, appropriate such sums of money, 4 in addition to the net receipts derived from hire of convicts, 5 as may be necessary to provide and maintain suitable build- 6 ings at the penitentiary, branch prisons, and prison farms * 7 or the General Assembly may, in addition to such appropri- 8 ation, or in lieu thereof, authorize the board of directors 9 with the approval of the Governor, to borrow in the name 10 of the Commonwealth, a sum sufficient to provide and 11 maintain said buildings ; the sum thus to be borrowed shall 12 at no time exceed two hundred and fifty thousand dollars, 13 nor bear a higher rate on interest than four per cent. Digitized by Google COICMITTEB REPORTS. 3 STATE HOSPITALS FOR THE INSANE. Sec. 5. For each of the four State hospitals for the in- 2 sane now existing, and for every such hospital hereafter es- 3 tablished there shall be a local board of directors consisting 4 of three members, who shall be appointed by the Governor, 5 by and with the' advice and consent of the Senate, such 6 board, subject to the approval of the general board of direc- 7 tors hereinafter constituted, shall be charged with the local 8 control and management of the hospital for which it is ap- 9 pointed. The terms of the directors first appointed shall be 10 two, four and six years, respectively, and thereafter upon 11 the expiration of the term of a member, his successor shall 12 be appointed for a term of six years. Sec. 6. There shall be a general board of directors for 2 the control and management of all the State hospitals for 3 the insane now existing or hereafter established, which shall 4 consist of all the directors appointed members of the several 5 local boards. The general board of directors shall be sub- 6 ject to such rules and regulations as the General Assembly 7 may from time to time prescribe by law and shall have full 8 power and control over the local boards of directors and all 9 of the officers and employees of the said hospitals. Sec. 7. The general board of directors shall appoint a 2 superintendent for each State hospital for the insane who 3 shall be removable by said board for misbehavior, inca- 4 pacity, neglect of official duty or acts performed without 5 due authority of law. The superintendent of each State 6 hospital for the insane shall, subject to the approval of the 7 general board of directors, appoint all resident officers, and, 8 subject to the approval of the local board of directors, ap- 9 point all other employees of such hospital and may remove 10 said officers and employees with the consent of the board 11 that approved the appointment in the first instance. Sec. 8. There shall be a commissioner of State hospitals 2 for the insane, who shall be ea^o^cio chairman of each of the 3 local boards of directors and of the general board of direc- 4 tors, and shall be held responsible for the proper disburse- 5 ment of all moneys appropriated or received from any source 6 for the maintenance of the said hospitals. The commis- 7 sioner shall cause to be established and maintained at all 8 of the hospitals a uniform system of keeping the records and 9 accounts of money received and disbursed and the report 10 thereof. The commissioner shall be appointed by the Gov- 11 ernor by and with the advice and consent of the Senate, for 12 a term of four years. The commissioner shall execute such Digitized by Google 4 OOICMITTEB REPORTS. 13 bond, receive such salary, and discharge such other duties 14 as maybe prescribed by law. STATE BOARD OF CHARITIES. Section 9. There shall be a State Board of Charities, to 2 consist of not less than five nor more than fifteen members, 3 to appointment upon which women shall be eligible. The 4 board shall be appointed by the Governor for a term of four 6 years, and neither the members thereof nor its agents shall 6 receive any compensation for their services. Sec. 10. The board may visit and inspect either through 2 its members or duly authorized agents all institutions of a 3 charitable, penal, correctional, reformatory, or eleemosynary 4 character, whether State, county, or municipal, incorporated 5 or unincorporated in the State, and shall annually or oftener 6 report to the Governor the condition of these institutions 7 with suggestions for their improvement, and the Governor 8 shall transmit a copy of such report to the General Assembly 9 and to each institution aflfected thereby, with such recom- 10 mendations as he may deem necessary. 11 The members of the board and its duly authorized agents 12 shall at all times have free access to said institutions in dis- 13 charge of their duties hereunder, and the General Assembly 14 shall prescribe by law general rules and regulations for the 16 control of said board in the discharge of its duties. Digitized by Google REPORT OF THE COMMITTEE ON JUDICIARY, AS AMENDED BY THE COMMITTEE OF THE WHOLE. The committee of the whole Convention, to whom was re- ferred the report of the Committee on Judiciary, have, accord- ing to order, had the same under consideration, and beg leave to report the same to the Convention as amended by the said committee : Amendments made in Committee of the Whole : Omit matter embraced in brackets [ ] and insert parts printed in italics. ARTICLE VI. JUDICIARY DEPARTMENT. Sec. 1. There shall be a Su- 2 preme Court of Appeals, 3 circuit courts and city courts. 4 The jurisdiction of those tri- 5 bunals and the judges there- 6 of except so far as the same 7 is conferred by this Consti- 8 tution shall be regulated by 9 law. Sec. 2. The Supreme Court 2 of Appeals shall consist of 3 five judges, any three of 4 whom may hold a court. It 5 shall have original jurisdic- 6 tion in all cases of habeas 7 corpus, mandamus, and pro- 8 hibition ; but in all other 9 cases in which it shall have 10 j urisdiction it shall have ap- 11 pellate jurisdiction only. 12 It shall, by virtue of this 13 Constitution, subject to 14 such reasonable rules pre- 15 scribing the course of ap- 16 peal and limitation as to 17 time, and to such reason- Digitized by Google 2 OOMHITraB KBPOETS. 18 able terms as to security, 19 if any^and as to the granting 20 or refusing appeals, and as 21 to procedure therein as may 22 be proscribed by law, have 23 appellate jurisdiction in all 24 cases inyolving the consti- 25 tutionality of a law as be- 26 ing repugnant either to the 27 Constitution of the United 28 States or to the Constitu- 29 tion of this State, or in- 30 volving the life or liberty 31 of any person, and it shall 32 also have appellate juris- 33 diction in such other cases, 34 within the limits herein- 35 after ascertained, as may be 36 prescribed by law ; pro- 37 yided, that no appeaJ shall 38 be allowed at the instance 39 of the Commonwealth in 40 any case involving the life 41 or liberty of a person, ex- 42 cept that the law may pro- 43 vide for an appeal to said 44 court at the instance of the 45 Commonwealth in any case 46 involving the enforcement 47 of any revenue law of the 48 State : and. provided fur- 49 ther, that no bond shall be 50 required of any accused 51 person as a condition of ap- 52 peal, except that a super- 53 aedeas bond may be required 54 where the only punishment 55 imposed in the court below 56 has been a fine. 57 The said court shall not 58 have jurisdiction in civil 59 cases where the matter in 60 controversy, exclusive of 61 costs and of interest accrued 62 since the judgment in the 63 court below, is less in value 64 or amount than [five] three Digitized by GoogL i COMMITTEE REPORTS. 65 hundred dollars, except 66 in controversies concerning 67 the title to or boundaries of 68 land, the condemnation of 69 property, the probate of a 70 will, the appointment or 71 qualification of a personal 72 representative, guardian, 73 committee, or curator; or 74 concerning a mill, roadway, 75 ferry, or landing; or the 76 right of a corporation or 77 county to levy tolls or taxes ; 78 or involving the construc- 79 tion of any law of the 80 State, or of any ordinance 81 of a corporation, or of any 82 proceeding of a county im- 83 posing taxes ; and, except 84 in cases of habeas corpus, 85 mandamus, and prohibition, 86 the constitutionality of a 87 law, or some other matter 88 not merely pecuniary, but 89 the General Assembly may 90 by law change the jurisdic- 91 tion of the Supreme Court 92 of Appeals in matters 93 merely pecuniary after the 94 year 1910. [provided, that] 95 The assent of at least three % of the judges shall be re- 97 quired in order for said 98 court to determine that any 99 law is, or is not, repugnant 00 to the Constitution of the 01 United States, or to the 02 Constitution of this State ; 03 and if, in any case in vol v- 04 ing the constitutionality of 05 any such law, not more 06 than two of the judges 07 sitting agree in opinion 08 on the Constitutional ques- 09 tion involved, and the 10 case cannot be determined, ill without passing on the Digitized by Google OOICHITTES RSPOBT8. 112 Constitutional question, no 113 judgment shall be entered 114 thereon, but the case shall 115 be reheard before a full 116 court ; and in no case 117 where the jurisdiction of 118 the said court depends sole- 119 ly upon the fact that a 120 question of the constitu- 121 tionality of a law is in- 122 volved, shall the court de- 123 cide such case upon its 124 merits, unless the conten- 125 tion of the appellant upon 126 such Constitutional ques- 127 tion be sustained. If, in 128 any case, the requisite ma- 129 jority of the judges sitting 130 are unable to agree upon a 131 decision, such case shall be 132 reheard before a full court, 133 which, in case any one or 134 more of the judges are un- 135 able, unwilling, or disquali- 136 fied to sit, shall be consti- 137 tuted by temporarily filling 138 the vacancy or vacancies in 139 a manner to be prescribed 140 by law. Sec. 3. Special courts of 2 appeals to consist of not less 3 than three nor more than five 4 judges may be formed of the 5 judges of the Supreme Court 6 of Appeals, of the circuit 7 courts, and of the city courts 8 of record, in cities of the first 9 class, or any of them, to try 10 any cases on the docket of 11 said court in respect to which 12 a majority of the judges 13 thereof may be so situated 14 as to make it improper for 15 them to sit on the hearing 16 of the same ; also, to try 17 any cases on the said docket 18 which cannot be otherwise Digitized by VjOOQIC OOMMITTBt: BSPOBTS. 9 disposed of with convenient 0 dispatch. Sec. 4. When a judgment 2 or decree is reversed or af- 3 firmed by the Supreme Court 4 of Appeals the reasons there- 5 for shall be stated in writing 6 and preserved with the re- 7 cords of the case [and when 8 an appeal or writ of error is 9 refused, a brief statement in 0 writing of the reasons for 1 such refusal shall be given.] Sec. 5. The judges of the 2 Supreme Court of Appeals 3 shall be chosen by the joint 4 vote of the two houses of the 5 General Assembly, and shall, 6 after the first election here- 7 under, hold their oflBce for a 8 term of twelve years, unless 9 sooner removed in the man- 10 ner prescribed by this Con- 11 stitution. They shall, when 12 chosen, have held a judicial 13 station in the United States, 14 or shall have practiced law 15 in this or some other State 16 for five years. At the first 17 election of said judges under 18 this Constitution, the Gen- 19 eral Assembly shall elect one JO of said judges for a term of il four years, two for a term of 22 eight years, and two for a 23 term of twelve years. Sec. 6. The oflBcers of the 2 Supreme Court of Appeals 3 shall be appointed by the 4 said court or by the judges 5 thereof in vacation. Their 6 duties, compensation, and 7 tenure of oflBce shall be pre- 8 scribed by law. Sec. 7. The Supreme Court 2 of Appeals shall hold its 3 sessions at two or more 4 places in the State, to be 5 fixed by law. Digitized by Google 6 COMMITTBX RBPOBT8. Sec. 8. The State shall be divided into twenty-four 2 judicial circuits as follows : 3 The counties of Norfolk, Princess Anne, and the city of 4 Portsmouth, shall constitute the first circuit. 5 The counties of Nansemond, Southampton, and Isle of 6 Wight, and the city of Norfolk, shall constitute the second 7 circuit. 8 The counties of Prince (Jeorge, Surry, Sussex, Greens- 9 ville, and Brunswick, shall constitute the third circuit. 10 The counties of Chesterfield, Powhatan, Dinwiddle, 11 Nottoway, and Amelia, and the city of Petersburg, shall 12 constitute the fourth circuit. 13 The counties of Prince Edward, Cumberland, Bucking- 14 ham, Appomattox, and Charlotte, shall constitute the fifth 15 circuit. 16 The counties of Lunenburg, Mecklenburg, Halifax, 17 Campbell, and the city of Lynchburg, shall constitute the 18 sixth circuit. 19 The counties of Pittsylvania, Franklin, Henry, and Pat- 20 rick, and the city of Danville, shall constitute the seventh 21 circuit. 22 The counties of Amherst, Nelson, Albemarle, Fluvanna, 23 and Goochland, shall constitute the eighth circuit. 24 The counties of Rappahannock, Culpeper. Madison, 25 Greene, Orange, and Louisa, shall constitute the ninth cir- 26 cuit. 27 The county of Henrico and the city of Richmond, shall 28 constitute the tenth circuit. 29 The counties of Accomac, Northampton, Elizabeth City, 30 and the city of Newport News, shall constitute the eleventh 31 circuit. 32 The counties of Richmond, Northumberland, Westmore- 33 land, Lancaster, and Essex, shall constitute the twelfth 34 circuit. 35 The counties of Gloucester, Mathews, King and Queen, 36 King William, and Middlesex, shall constitute the thirteen^ 37 circuit. 38 The counties of New Kent, Charles City, James City, 39 York, and Warwick, shall constitute the fourteenth circuit. 40 The counties of King George, StaflFord, Spotsylvania, 41 Caroline, and Hanover shall constitute the fifteenth circuit. 42 The counties of Fauquier, Loudoun, Prince William, 43 Fairfax, and Alexandria, and the city of Alexandria, shall 44 constitute the sixteenth circuit. 45 The counties of Frederick, Clarke, Warren, Shenandoah, 46 and Page shall constitute the seventeenth circuit. Digitized by Google OOMHITTBB BBP0&T8. ' 7 47 The counties of Rockingham, Augusta, and Rockbridge, 48 shall constitute the eighteenth circuit. 49 The counties of Highland, Bath, Alleghany, Craig, and 50 Botetourt, shall constitute the nineteenth circuit. 51 The counties of Bedford, Roanoke, Montgomery, and 52 Floyd, and the city of Roanoke, shall constitute the twen- 53 tieth circuit. 54 The counties of Pulaski, Carroll, Wythe, and Orayson, 55 shall constitute the twenty-first circuit. 56 The counties of Bland, Tazewell, Giles, and Buchanan, 57 shall constitute the twenty-second circuit. 58 The counties of Washington, Russell, and Smyth, shall 69 constitute the twenty-third circuit. 60 The counties of Scott, Lee, Wise, and Dickenson, shall 61 constitute the twenty-fourth circuit. Digitized by Google 8 OOICMITTBB BBPORTS. Sec. 9. [The General As- ' 2 sembly may rearrange saidi 3 circuits, or any of them, and ' 4 increase or diminish the 5 number thereof when the 6 public interests shall require 7 it. But no new circuit shall 8 be created containing less 9 than 60,000 inhabitants, nor 10 when the eflfect of creating 11 it will be to reduce the num- 12 ber of inhabitants in any ex- 1 13 isting cir3uit below 60,000.] 14 The General Assembly may, 15 from time to time as the 16 public interest may require, 17 rearrange the said circuits 18 and increase or diminish the 19 number thereof. But no new, 20 circuit shall be created con- 21 taining less than 50,000 in- 22 habitants, nor when the 23 eflfect of creating it will be 24 to reduce the number of in- 25 habitants in any existing 26 circuit below 50,000. Sec. 10. For each circyit a 2 judge shall be chosen by the 3 joint vote of the two houses 4 of the General Assembly, 5 who shall, after the first 6 election hereunder, hold his 7 oflBce for a term of eight 8 years, unless sooner removed 9 in the manner prescribed by 10 this Constitution. He shall, 11 when chosen, possess the 12 same qualifications as judges 13 of the Supreme Court of Ap- 14 peals, and during his con- 15 tinuauce in ofl&ce, shall re- 16 side in the circuit of which 17 he is judge. At the first 18 election of said judges under 19 this Constitution, the Gene- 20 ral Assembly shall elect the Digitized by VjOOQ I'' OOMMITTBS BBPOBS8. judges of the districts bear- ing odd numbers for a term of four years and those of the districts bearing even numbers for a term of eight years. Sec. 11. The number of I terms of the circuit courts I which shall be held for each t county and city shall be such » as may be prescribed by law. I But no separate circuit court ^ shall be held for any city of I the second class (as defined I in section 12 of this article) ) until said city shall abolish I its existing city court. The I judge of one circuit may be J required or authorized to hold 1 court in any other circuit. Sec. 12. That for the pur- 2 poses of a judicial system, i the cities of this Gommon- 1 wealth shall be divided into S two classes ; the first class S shall include all cities con- 1 taming, by the last preced- i ing United States census, 9 or other census provided by ) law, 10,000 inhabitants, or 1 more, and the second class I shall include all cities con- i taining (according to the i same census) less than 10,- 5 000 inhabitants. In every S city containing 10,000 in- 1 habitants or more, there may B be, in addition to the circuit 9 court, a corporation or hus- 0 tings court. In any city 1 containing 30,000 inhabi- 2 tants or more, the General S Assembly may provide for such additional courts as the public interests may from time to time require, and in every such city the city 12 Digitized by Google 10 COmCITTBB REPORTS. 28 courts, as they now exist, 29 shall continue until other- 30 wise provided by law. Every 31 city of the second class, 32 which, to the time this Con- 33 stitution goes into effect, 34 shall have a corporation or 85 hustings court, may abolish 36 the same by a vote of a ma- 37 jority of its qualified electors 38 at [two successive elections] 39 one election held for the pur- 40 pose [not less than twelve 41 months apart] , and when- 42 ever the office of judge of a 43 corporation or hustings court 44 of a city of the second class, 46 whose salary is less than 46 eight hundred dollars, shall 47 become and remain vacant 48 for niuety days consecutive- 49 ly, such court shall thereby 50 cease to exist. In case of 51 the abolition of the corpora- 52 tion or hustings court of any 53 city of the second class, such 54 city shall thereupon become 55 in every respect within the 56 jurisdiction of the circuit 57 court of the county wherein 58 it is situated, until otherwise 59 provided by law, and the 60 records of such corporation 61 court shall thereupon become 62 a part of the records of such 63 circuit court, and be trans- 64 ferred thereto. Sec. 13. For each city court 2 of record a judge shall be 3 chosen by the joint vote of 4 the two houses of the Gene- 5 ral Assembly, and shall, 6 after the first election here- 7 under, unless sooner re- 8 moved in the manner pre- 9 scribed by this Constitution, 10 hold his office for a term of Digitized by Google COMMITTBB RBP0RT8. 11 11 eight years. He shall, when 12 chosen, possess the same 13 qualifications as judges of 14 the Supreme Court of Ap- 15 peals, and during his con- 16 tinuance in oflBce shall. reside 17 [in the city of which he is 18 judge] within the jurisdic- 19 tion of the court over which 20 he presides. At the first 21 election of said judges under 22 this Constitution, the Gene- 28 ral Assembly shall elect, as 24 nearly as practicable, one- 25 half for a term of four years 26 and the residue for a full 27 term of eight years. [But] 28 The judges of city courts in 29 cities of the first class may 30 be required or authorized to 31 hold the circuit courts of any 32 city or county of the Com- 33 mon wealth. Sec. 14. The General As- 2 sembly shall have power to 3 establish such court or courts 4 of land registration as it may 5 deem proper for the admin- 6 istration of any law it may 7 adopt for the purpose of 8 the settlement, registration, 9 transfer, or assurance of ti- 10 ties to land in the Common- 11 wealth, or any part thereof. Sec. 15. The General As- 2 sembly shall have power to 3 confer upon the clerks of the 4 several circuit courts juris- 6 diction, to be exercised in the 6 naanner and under regula- 7 tionstobe prescribed by law, 8 in the matter of the admis- 9 sion of wills to probate and 10 of the appointment and qual- 11 ification of guardians, per- 12 sonal representatives, cura- 13 tors, appraisers, and com- Digitized by Google 12 COMMITTEB REPORTS. 14 mittees of the estates of per- 15 sons who have been adjudged 16 Insane and convicted of fel- ony. Sec. 16. All the judges shall be commissioned by the Gov- ernor. They shall receive such salaries and allowances as may be determined by law within the limitations fixed i by this Constitution, the amount of which shall not be increased or diminished dur- ing their terms of office. Their terms of office shall commence on the first day of next following their 17 2 3 4 5 6 7 8 9 10 11 12 13 14 election, and whenever a va- 15 cancy occurs in the office of 16 judge, his successor shall be 17 elected for the unexpired 18 term. Sec. 17. The salaries of the 2 judges of the Supreme Court 3 of Appeals shall be not less 4 than $4,000 per annum, and 5 shall be paid by the State. 6 The salaries of the judges of 7 the circuit courts shall be 8 [not less than $2,500 per an- 9 num, one-half of which shall 10 be] paid by the State, the 11 other half by the cities and 12 counties composing the cir- 13 cuit, according to their re- 14 spective population ; except 15 that as to the salary of the 16 judge of the circuit court of 17 the city of Richmond, the 18 State shall pay the propor- 19 tion thereof which would 20 otherwise fall to the city of 21 Richmond. [The salaries of 22 the judges of city courts in 23 cities ccntainining not less 24 than 10,000 nor more 30,000 26 inhabitants, shall be not less Digitized by Google eOMMITTBB RBPORTS. 18 !6 than $2,000 per annum, and 17 in cities containing more 18 than 30,000 inhabitants not 19 less than $2,500 per annum.] 10 The salaries of judges of the tl city courts containing more 12 than 10,000 inhabitants shall 13 be paid, one-half by the 14 State, the other half by the 55 city. The whole of the af ore- IB said salaries of said judges Yl shall be paid out of the State }8 Treasury, the State to be re- J9 imbursed by the respective W cities and counties. Each 11 such city may, by the vote 12 of its council, increase the 13 salaries of its city or circuit 44 judges, or any one or more 15 of them as it may deem 46 proper, such increase to be 47 paid wholly by the said city, 48 but such additional allow- 49 ance or allowances shall not 50 be increased or diminished 51 during the term of oflSce of 52 the judge. Each city con- 53 taining less than 10,000 in- 54 habitants shall pay the sal- 55 ary of the judge of its cor- 56 poration or hustings court. Sec. 18. Judges may be re- 2 moved from oflBce by im- 3 peachment, as provided in 4 this Constitution, or by a 5 concurrent vote of both 6 houses of the General As- 7 sembly, but in case of re- 8 moval by such concurrent 9 vote, a majority of all the 10 /members elected to each U house must concur in such 12 vote, and the cause of re- 13 moval shall be entered on the 14 journal of each house. The 15 judge against whom the 16 GeQeral Assembly may be Digitized by Google 14 OOmCITTSX BXP0RT8. 24 2 3 4 5 6 7 8 9 10 13 14 15 16 2 3 4 5 6 7 8 2 3 4 5 6 7 17 about to proceed shall have 18 notice thereof, accompanied 19 by a copy of the causes al- 20 leged for his removal, at 21 least twenty days before the 22 day on which either house of 23 the General Assembly shall act thereon. Sec. IP. No judges of the Supreme Court of Appeals, of the circuit court, nor of any city court of record shall practice law, within or with- out this State, nor shall he hold any other oflSce of pub- lic trust during his continu- ance in oflBce ; except that the judge of a corporation 11 or hustings court in a city of 12 the second class, as defined in section twelve of this article, may hold the oflSce of commissioner in chancery ' of the circuit court for the • 17 county in which said city is [ 18 located. Sec. 20. Judges and all other officers, elected or ap- pointed, shall continue to discharge the duties of their offices after their terms of service have expired until their successors have quali- fied. Sec. 21. Writs shall run '* in the name of the Com- monwealth of Virginia, '* and be attested by the clerks of the several courts. In- dictments shall conclude "against the peace and dig- 8 nity of the Commonwealth." Sec. 22. At every election 2 of a Governor an Attorney- 3 General shall be elected by 4 the qualified voters of this 6 Commonwealth. He shall Digitized by VjOOQ IC OOMMITTBB BBPOBT8. 15 6 be commissioned by the Grov- 7 ernor, perform such duties 8 and receive such compensa- 9 tion as may be prescribed by 10 law, and shall be removable 11 in the manner prescribed for 12 the removal of judges. 13 (Old Sec. 8 unchanged.) [Sec. 23. The number and 2 jurisdiction of the justices of 3 the peace for each city and 4 county shall be prescribed 5 by law. They shall be ap- 6 pointed by the judges of the 7 circuit courts of the respec- 8 tive cities and counties of the 9 Commonwealth, except in 10 cities of less than ten thou- 11 sand inhabitants which have 12 a corporation or hustings 13 court. In such cities they 14 shall be appointed by the 15 judges of said corporation or 16 hustings court. In cities 17 which are authorized by law 18 to have a police court, the 19 police justice shall be elected 20 as may be prescribed by law. 21 Justices of the peace may 22 be removed in the manner 23 prescribed by law. Digitized by Google Digitized by Google REPORT r THE COMMITTEE ON THE EXECUTIVE DEPART- MENT AS AMENDED BY THE COM- MITTEE OF THE WHOLE. The committee of the whole Convention, to whom was re- rred the report of the Committee on the Executive Depart- ent, have, according to order, had the same under considera- )n, and beg leave to report the same to the Convention as nended by the said committee : Amendments made in Oommittee of the Whole : Omit matter embraced braeketa [ ] and insert parts printed in italics. ARTICLE IV. EXECUTIVE DEPARTMENT. Governor. Section 1. The chief executive power of this Common- l wealth shall be vested in a Governor. He shall hold office J for a term of four years, to commence on the [first] day of I [January] next succeeding his election, and be ineligible to 5 the same office for the term next succeeding that for which 5 he was elected, and to any other office during his term of 1 service. Sec. 2. The Governor shall be elected by the voters at I the times and places of choosing members of the General } Assembly. Returns of election shall be transmitted, under t seal, by the proper officers, to the Secretary of the Common- 5 wealth, who shall deliver them to the Speaker of the House 5 of Delegates on the first day of the next session of the Gen- 1 eral Assembly. The Speaker of the House of Delegates 8 shall, within one week thereafter, in presence of a majority 9 of the Senate and House of Delegates, open the said returns, 0 and the votes shall then be counted. The person having 1 the highest number of votes shall be declared elected ; but 2 if two or more shall have the highest and an equal number ? of votes, one of them shall be chosen Governor by the joint i vote of th6 two houses of the General Assembly. Contested Digitized by Google I OOMMITTEK BBPOBT8. 15 elections for Governor shall be decided by a like vote, and 16 the mode of proceeding in such cases shall be prescribed by 17 law. Sec. 3. No person except a citizen of the United States 2 shall be eligible to the office of Governor ; and if such per- 3 son be of foreign birth, he must have been a citizen of the 4 United States for ten years next preceding his election; nor 5 shall any person be eligible to that office, unless he shall 6 have attained the age of thirty years, and have been aresi- 7 dent of this State for [three] five years next preceding his 8 election. Sec. 4. The Governor shall reside at the seat of govern- 2 ment ; shall receive five thousand dollars for each year of 3 his service, and while in office shall receive no other emolo- 4 ment from this or any other government. Sec. 5. The Governor shall take care that the laws be 2 faithfully executed : communicate to the General Assembly, 3 at every session, the condition of the Commonwealth; re- 4 commend to their consideration such measures as he may- 5 deem expedient, and convene the General Assembly, on ap- 6 plication of [two-thirds] of the members of both houses 7 thereof, or when, in his opinion, the interest of the Com- 8 monwealth may require. He shall be commander-in-chief 9 of the land and naval forces of the State ; have power to 10 embody the militia to repel invasion, suppress insurrection II and enforce the execution of the laws ; conduct, either in 12 person or in such manner as shall be prescribed by law, all 13 intercourse with other and foreign States ; and, during Ae 14 recess of the General Assembly, shall have power to suspend 15 from office for misbehavior, incapacity, neglect of official 16 duty, or acts performed without due authority of law, all 17 executive officers at the seat of government, except the 18 Lieutenant-Governor ; but, in any case in which this power 19 is so exercised, the Governor shall report to the General As- 20 sembly, at the beginning of the next session thereof, tiie 21 fact of such suspension and the cause therefor, [and hel 22 whereupon the General Assembly shall determine whether 9uch 23 officer shall be restored or finally removed, and the Governor sh^ 24 have power, during the recess of the General Assembly, to 25 appoint, pro tempore, successors to all officers so suspended, 26 and to fill, pro tempore, all vacancies in the executive office 27 of the State for the filling of which the Constitution and 28 laws make no other provision ; but his appointments to such 29 vacancies shall be by commissions to expire at the end of 30 thirty days after the commencement of the next sesrfon of 31 the General Assembly. He shall have power to remit fizm 32 and penalties in such cases » and under suclx rules and Digitized by Google OOMMITTSB RBPOBT8. 8 33 lations as may be prescribed by law, and except when the 34 prosecution has been carried on by the House of Delegates, 35 to grant reprieves and pardons after conviction ; to remove 36 political disabilities consequent upon conviction for offences 37 committed prior or subsequent to the adoption of this Con- 38 stitution, and to commute capital punishment; but he shall 39 communicate to the General Assembly, at each session, par- 40 ticulars of every case of fine or penalty remitted, of re- 41 prieve or pardon granted, and of punishment commuted, 42 with his reasons for remitting, granting, or commuting the 43 same. Sec. 6. [The Governor may require information in 2 writing from the officers in the executive department upon 3 any subject relating to the duties of their respective offices ; 4 and may also require the opinion in writing, of the Attorney- 5 General upon any question of law connected with his offi- 6 cial duties as chief executive of the State.] The Governor 7 may require information in writing from the officers of the exec- 8 utive department and superintendents of State institutions upon 9 any subject relating to the duties of their respective offices and 10 institutions, which information shall he given under oath; and \1 he may inspect at any time their official books, accounts and 12 vouchers, arid ascertain the condition of the public funds in their 13 charge, and in that connection may employ expert accountants, if 14 in his judgment necessary. He may require the opinion in 15 writing of the Attorney-General upon any question of law af- Itf fecting the official duties of the Governor, Sec. 7. Commissions and grants shall run in the name 2 of the Commonwealth of Virginia, and be attested by the 3 Governor, with the seal of the Commonwealth annexed. Sec. 8. Every bill which shall have passed the Senate 2 and House of Delegates, and every resolution requiring the 3 assent of both branches of the General Assembly, shall, be- 4 fore it becomes a law, be presented to the Governor. If he 5 approve, he shall sign it ; but if not he shall return it with 6 his objections, to the house in which it shall have originated, 7 which shall enter the objections at large on its journal and 8 proceed to reconsider the same. If, after such consider a- 9 tion, two-thirds of the members present, which two-thirds, 10 shall include a majority of the members elected to that hou^e, 11 shall agree to pass the bill or joint resolution, it shall be 12 sent together with the objections, to the other house, by 13 which it shall likewise be reconsidered, and if approved by 14 two-thirds of all the members present, which two-thirds, 16 shall include a majority of the members elected to that house, 16 it shall become a law, notwithstanding the objections of the 17 Governor. If he approve the general purpose of any bill Digitized by Google 4 OOHMITTSB BBP0BT8. 18 or joint resolution, but disapprove any part or parts thereol 19 he may return it, with recommendations for its amendmeot 20 to the house in which it ori^nated, whereupon the saiu 21 proceedings shall be had in both houses upon the said bQ 22 or joint resolution, and his said recommendations in rel* 23 tion to its amendment, as is above provided, in relatioi 24 to a bill or joint resolution, which he shall have re 25 turned without his approval, and his objections thereto: 26 provided, that if after such reconsideration, both houses, 27 by a vote of a majority of the members present in eadi^ 28 shall agree to amend the said bill or joint resolutioiii is 29 accordance with his recommendations in relation theretOi 30 or either house by such vote shall fail or refuse t-o so amend 31 it, then, and in either case the said bill or joint resolatioa^ 32 shall be again sent to him, and he may act upon it as if il 33 were then before him for the first time. The Governor shd 34 have the right to veto any item or items in an appropriation bi 35 and approve the others. But in all the cases above set ford 36 the votes of both houses shall be determined by ayes ao^ 37 noes, and the names of the members voting for and agaiosj 38 the bill or joint resolution, shall be entered on the jouroft 39 of each house, respectively. If any bill or resolution shal 40 not be returned by the Governor within five days (Sunday^ 41 excepted) after it shall have been presented to him, ih 42 same shall be a law in like manner as if he had signed it 43 unless the [Legislature] General Assembly shall, by thei 44 adjournment, prevent such return, in which case it shall h 45 a law if signed by the Governor within ten days after 8ucl 46 final adjournment, but not otherwise. LIBUTRNANT-GOVBRNOR. Sec. 9. A Lieutenant-Governor shall be elected at tin 2 same time and for the same term as the Governor, and hi 3 qualifications and the manner of his election, in all respects 4 shall be the same. Sec. 10. In case of the removal of the Governor froi^ 2 office, or of his death, failure to qualifv, resignation, rt 3 moval from the State, or inability to discharge the powen 4 and duties of the office, the said office, with its compensal 5 tion, shall devolve upon the Lieutenant-Governor; andtlw 6 General Assembly shall provide by law for the discharge o 7 the executive functions in other necessary cases. Sec. 11. The Lieutenant-Governor shall be president o 2 the Senate, but shall have no vote except in case of an eqol 3 division ; and while acting as such, shall receive a compel 4 saMon equal to that aUotv*ed to the Speaker of ^e House ^ Digitized by Google COICMITTBB BBPOBTS. 6 5 Delegates. For his services as a member of the Board of 6 Public Works, while actually employed as such, he shall 7 receive a per diem to be fixed by law. SSCRETABY OF THS COMMONWEALTH. Sec. 12. A Secretary of the Commonwealth shall be 2 eleoted by the qualified voters of the State at the same time 3 and for the same term as the Governor, and the fact of his 4 election shall be determi.ied as in the case of the Oovernor, He 5 shall be commissioned by the Governor, and shall receive a 6 salary to be fixed by law. He shall keep a daily record of 7 the official acts of the Governor, which shall be signed by 8 the Governor and attested by the Secretary, and when re- 9 quired, he shall lay the same, and any papers, minutes, and 10 vouchers pertaining to his office, before either house of the 11 General Assembly. He shall discharge all the duties here- 12 tofore attaching to the office of Register of the Land Office, 13 and such other duties as may be prescribed by law. All 14 fees received by the Secretary or the Commonwealth shall 15 be paid into the treasury monthly. STATB TREASURER. Sec. 13. (Will refer to the office of Treasurer and be re- 2 ported on hereafter.) AUDITOR OP PUBLIC ACCOUNTS. Sec. 14. (Will refer to the Auditor of Public Accounts, 2 Ac, and be reported on hereafter.) Sec. 15. (Will refer to the office of Second Auditor, as 2 to the disposition of which the committee will make a sup- 3 plemental report.) Sec. 16. (Will refer to the bonds to be required of the 2 financial officers of the State, and their subordinates, and 3 will be reported on hereafter.) BUREAU OF AGRICULTURE, &C. Sec. 17. [This section will be reported by the Committee 2 on Agricultural, Mining and Manufacturing Interests and 3 Immigration.] Digitized by Google COMMITTBB REPORTS. BOARD OF PUBLIC WORKS. Sec. 18. There shall be a Board of Public Works, to con- 2 sist of the Governor, Lieutenant-Governor, Attorney-General, 3 Treasurer, and Auditor of Public Accounts, under such 4 regulations, and with such powers and duties as may be 5 prescribed by law. Digitized by VjOOQIC REPORT OF A MINORITY OF jTHE COMMITTEE ON THE ELECTIVE FRANCHISE, QUALIFICATION FOR OFFICE, BASIS OF REPRESENTATION AND APPORTIONMENT, AND ON ELECTIONS. Resolved, That the following article, relating to the right 2 of suffrage, be adopted as a part of the Constitution : ARTICLE. 1. Every male citizen of the United States, who shall 2 have attained the age of twenty-one years, and who shall 3 have been a resident of this State for at least two years, of 4 the county or city in which he shall offer to vote one year. 6 and of the precinct in which he shall offer to vote thirty 6 days next preceding the election at which he shall offer to 7 vote, who shall have been registered as may be prescribed 8 by law, and who shall have paid in person to the State at 9 least six month prior to the election at which he shall offer 10 to vote, a poll-tax of one dollar and fifty cents ($1.50) for 11 the preceding year, shall be entitled to vote for members of 12 the General Assembly, and all officers elected by the people : 13 provided, that no person, otherwise qualified to vote under 14 the provisions of this Constitution, shall lose his right to 15 vote in the precinct from which he has removed to another 16 precint in the same city or county until after the expiration 17 of thirty days from the time of such removal : and, pro- 18 vided further, that the payment of a poll-tax, as a prere- 19 quisite to voting, shall not be required at any election held 20 prior to January 1, 1903, after which time the voter shall 21 be required to pay as a prerequisite to the right of suffrage 22 the poll-tax for every year for which such tax shall have 23 become due and payable ; but the collection of said poll-tax 24 shall not be enforced by distress or otherwise until it shall 25 have become two years past due. No person, who has 26 served in time of war in the army or navy of the United 27 States, or of the Confederate States, or of any State of the Digitized by Google 2 COHMITTBB REPORTS. 28 United States, shall, at any time, be required to pay a pdl- 29 tax as a prerequisite to voting. 2. Prior to the first day of May, 1902, and again prior 2 to the first day of November, 1902, there shall be a general 3 registration of voters in every county and city of the State, 4 at which general registrations no person shall be listed as a 5 voter unless, when he offers to register, he shall be able to 6 read any section of this Constitution which may be sub- 7 mitted to him by the registrars, and give a reasonable ei- 8 planation of the same ; or, being a person who cannot, for 9 himself, read such section of the Constitution, shall be able 10 to understand and give a reasonable explanation therecrf 11 when read to him by the oflScers of registration : provided, 12 that these requirements shall not apply in the case of any 13 person or the lawful descendant of any person who has 14 served in time of war, in the army or navy of the United 15 States or of the Confederate States, or of any State of the 16 United States, nor to any person who shall have paid to the 17 State for the year 1901, taxes amounting to a3 much as one 18 dollar ($1.00) on property owned by, and assessed against 19 him. All persons properly registered under this provision 20 shall remain permanently enrolled as electors, unless sub- 21 sequently disqualified by some other provision of this article ; 22 and a copy of this permanent roll sworn to by the oflBcers 23 of registration shall be certified to each county and city 24 clerk for preservation in his oflSice. Any person who shaD 25 be denied registration under this section shall have the 26 right of appeal to the circuit court of the county or the cor- 27 poration court of the city, or to the judge thereof in vaca- 28 tion. 3. On and after January 1, 1903, the foregoing require- 2 ments as to registration shall be void and no longer applied ; 3 but subsequent to January 1, 1903, every male citizen of the 4 United States who has acquired residence in this Stale in 5 accordance with section one (1) of this article, and not pre- 6 viously registered under the foregoing provisions of this 7 Constitution, shall, as a condition precedent to registration, 8 have paid a poll-tax of one dollar and fifty-cents ($1.50), 9 and shall, unless he be physically disqualified, make appli- 10 cation for registration in his own handwriting, without aid 11 or suggestion or the use of a memorandum, in the presence 12 of the registrar of the precinct in which he resides, setting 13 forth the name and residence of his parents, his own namti 14 age, place and time of birth, his occupation and place d 15 residence at the time and for twelve months prior to tlw 16 date of his application ; having done which and made oati 17 to his statement, he shall be duly listed by the registrar oi Digitized by Google OOHMITTBB BBPORTS. 3 18 election. Every person registered under this provision who 19 is not blind or otherwise physically disabled, shall prepare 20 and deposit his ballot, without aid from another, on such 21 printed form as may be prescribed by law ; but any voter 22 registered prior to January 1, 1903, may be aided in the 23 preparation of his ballot by such person as he may himself 24 designate. The General Assembly shall, prior to January 25 1, 1903, provide by law for such a registration of voters as 26 is thus set forth in section 3 of this article, to be held at 27 least once in every year, and shall enact such other laws as 28 may be necessary to carry into eflfect all the provisions of 29 this section. 4. The following persons shall not be entitled to register 2 or vote: Idiots, lunatics, persons convicted of bribery at 3 elections, embezzlement of public funds, treason, felony, or 4 petit larceny, and persons, who, while citizens of this State, 5 have, since the adoption of this Constitution, fought a duel 6 with a deadly weapon, sent or accepted a challenge to fight 7 a duel with a deadly weapon, either within or without the 8 boundaries of this State, or knowingly conveyed a challenge, 9 or aided or assisted in any manner in fighting a duel. 10 No officer, soldier, seaman, or marine of the United 11 States army or navy, nor any inmate of a charitable insti- 12 tution, nor student in any institution of learning, shall be 13 deemed to have gained or lost a residence in this State, or 14 in any county or city thereof, by reason of his temporary 15 station or location therein. 5. No person shall be qualified to vote or participate in 2 any primary election, party convention, mass-meeting, or 3 other method of party action of any political party or fac- 4 tion, who shall not possess the qualifications presented in 5 this article for an elector, or who shall be disqualified under 6 the provisions of this anicle from voting. 6. All elections by the people shall be by ballot, and all 2 elections by representative bodies shall be viva voce. 3 The ballot-box shall, during all elections, be kept in view 4 of the voters, and ballots shall not be canvassed or counted 5 in secret. 7. The General Assembly shall provide by law for ballots 2 without any distinguishing mark or symbol for use in all 3 State, county, city, and other elections by the people. All 4 ballots shall contain the names of the candidates, and of the 6 officers to be voted for, in clear print and in due and orderly 6 succession ; but any voter may erase any name and insert 7 another. 8. No voter, during the time of holding any election at 2 which he is entitled to vote, shall be compelled to perform 12 Digitized by Google 4 COHMITTSB BBP0BT8. 3 military service, except in time of war or public danger; u 4 work upon public roads, or to attend any court as suitor 5 juror, or witness ; and no voter shall be subject to arresl 6 under any civil process during his attendance at election, oi 7 in going to or returning therefrom. 9. Any person who, in respect of age or time of resi- 2 dence, would be qualified to vote at the time of the next 3 election shall be admitted to registration, notwithstanding 4 that at the time thereof he is not qualified with reference 5 to age or time of residence, and shall be entitled to vote if 6 qualified at the time of election under the provisions of 7 this Constitution. 10. The General Assembly shall provide by law for the 2 fair and orderly conduct of all elections by the people, in 3 accordance with the provisions of this Constitution ; and all 4 laws creating election boards, or providing for the appoint- 5 ment of judges of election, shall secure equal representation 6 of the two political parties which, at the general election 7 next preceding their creation or appointment, cast the high- 8 est and next highest number of votes. 11. In trials of contested elections and in proceedings 2 for the investigation of elections, no person shall be pe^ 3 mitted to withhold his testimony upon the ground that it 4 may criminate himself or subject him to public infamj; 5 but such testimony shall not afterwards be used against 6 him in any judicial proceeding, except for perjury in giving 7 such testimony. 12. Electors in county and city elections shall possess 2 the qualifications and be subject to the disqualifications 3 prescribed in section one (1) of this article: but the Gene- 4 ral Assembly may prescribe a property qualification of not 5 exceeding $250.00 for electors in any county or city of the 6 State as a pre-requisite for voting in any election for county 7 or city officers in such county or city, upon a request of a 8 majority of the voters of such county or city as ascertained 9 either by popular vote or petition : provided further, that 10 the General Assembly, in its discretion, may make such 11 lawful exemptions from the operation of said property 12 qualifications as shall not be in conflict with the Constiln- 13 tion of the United States or the State of Virginia. 13. The treasurer of each county and city of the State 2 shall, at least five months before any election, file with the 3 clerk of the circuit or corporation court of his county or 4 city, a list, in alphabetical order, verified by his oath, of 5 all persons who have paid, not later than six months prior 6 to such election, the capitation tax of $1.50 for the yeai 7 preceding that in which such election is held. Digitized by Google GOMMITTBS BBPOBTS. 5 8 The clerk, within ten days from receipt thereof, shall 9 post in each voting precinct of his county or city, a certified 10 copy of the vpters of said precinct whose names have been 11 thus reported by the treasurer as having paid the capitation 12 tax ; and within thirty days after such notice has been 13 posted, any person who shall have paid the capitation tax, 14 but whose name is omitted from said certified list, may, 15 after five days' notice to the treasurer, apply to the judge of 16 the circuit or corporation court of his county or city to have 17 said list corrected and his name entered thereupon. 18 The clerk shall also, within sixty days after the filing of 19 said list by the treasurer, forward a certified copy thereof, 20 with such correction as may have been made by order of the 21 courts, to the Auditor of Public Accounts, who shall charge 22 the amount stated in such return against such treasurer in 23 the settlement of his accounts except such part as may have 24 been previously accounted for. And a reasonable time 25 before such election, the clerk shall forward to the judges 26 of election of each precinct of his county or city, a like cer- 27 tified copy of the list of those in such precinct who have 28 paid the capitation tax for the previous year, which shall 29 be deemed conclusive evidence of that fact for the purpose 30 of Voting. Digitized by Google 1^^^ Digitized by VjOOQIC REPORT )F THE COMMITTEE ON EDUCATION AND PUBLIC INSTRUCTION AS AMENDED BY THE COMMITTEE OF THE WHOLE. The committee of the whole Convention, to whom was re- erred the report of the Committee on Education and Public Qstruction, have, according to order, had the same under con- ideration, and beg leave to report the same to the Convention fi amended by the said committee : AniMidmeiits made in Oommittea of the Whole : Omit matter embraced 1 brackets [ ] and insert parts printed in italics. ARTICLE. Section 1 . The General Assembly shall establish and 2 maintain an efficient system of public free schools through- 3 out the State. Sec. 2. [The general supervision of the public free school 2 system of the State shall be vested in a Superintendent of 3 Public Instruction and a Board of Education to be com- 4 posed of the Governor, Attorney-Greneral, Chairman of the 5 Faculty of the University of Virginia, President of the 6 College of William and Mary, President of the Virginia 7 Polytechnic Institute, President of the State Female Normal 8 School at Farmville, and the Superintendent of the Virginia 9 Military Institute : provided, however, that should the 10 General Assembly fail to make • appropriations to any of LI said institutions, the Chairman of the Faculty, the presi- 12 dent or superintendent of such institution, shall cease to i3 be a member of said board.] 2. Ttie general supervision of the public free school system of 2 the State shall be vested in a State Board of Education to be 3 composed of the Governor y Attorney-Oeneral^ Superintendent of 4 Public Instruction, and three experienced educators ^ to be elected ^ hy the Senate of Virginia y once every four years y from a list of 6 eligibles to be furnished by the Boards of Visitors or IVustees of 7 the University of Virginia y the Virginia Military Institute y the 8 Virginia Polytechnic Institute, the State Female Normal School Digitized by Google 2 COMMITTBB BBP0BT8. 9 at FarmviUef School for Deaf and Blind at Staunton ^ mi 10 William and Mary College (so long as the State shall co^nm 11 its annxial appropriation to this last named institution.) Tk 12 said list of eligibles shall be Tnade up of one name from ik 13 oficial corps or faculties of each of the institutions inditakd 14 and the board thus constituted shall associate with it one city ant 16 one county school superintendent y whose term of office shaUbefir 16 two years and whose powers and duties shall be identical wiil 17 those of the other numbers, except they shall not participate it 18 the appointment of any public school offi/iial. Sec. 3. [The Superintendent of Public Instruction shall 2 hold office for a term of four years, and his duties and com 3 pensation shall be fixed by law. He shall be ex-Oj^cio presi 4 dent of the State Board of Education.] The Superintends 5 of Public Instruction shall be elected by the qualified electors q 6 t?ie State ; and after his first term^ which shall be fixed by k« 7 he shall be elected at the same time as the Governor and hoU 8 office for a term of four years. 9 His duties shall be prescribed by the State Board of Educe 10 tion, and his compensation shall be fioaed by law, and he shall b 11 ex-officio president of the State Board of Education. Sec. 4. The duties and powers of the State Board o 2 Education shall be as follows : 3 First. [It shall , subject to the confirmation of the Senate 4 appoint a Superintendent of Public Instruction, and al 5 superintendents of city and county public free schools, anc 6 may remove superintendents for cause and upon notice to th< 7 incumbent : provided, that no member of the State Board 8 except the ex-offi^^io president thereof, shall be eligible foi 9 appointment to the office of Superintendent of Public In 10 struction during his term of office, nor within one year aftei 11 the expiration of the same.] It may, in its discretion, divii 12 the State into appropriate school divisions and, subject to tk 13 confirmation of the Senate, appoint all superintendents of school 14 for such divisions, and prescribe their duties, and may remov 1 5 such superintendents for cause and upon notice to the incumbent 16 provided, no such division shall comprise less than one eounii 17 or city, nor shall any county or city be divided in the formatifn 18 o/ any such division. 19 Second. It shall have, regulated by law, the manage 20 ment and investment of the school fund. 21 Third. It shall have authority to make all needful rule 22 and regulations for the management and conduct of thi 23 public free schools, which rules and regulations, when puh 24 lished and distributed, shall have the force and effect (i 25 law, but all rules and regulations of said board may b 26 amended or repealed by the General Assembly, and whei Digitized by Google COMMITTBK RBPORT8. 8 27 so amended or repealed , shall not be re-enacted by said 28 board. 29 Fourth. It shall select text books and educational appli- 30 ances for use in the public free schools of the State : pro- 31 vided, that the school boards of cities of a population of 32 five thousand or more shall choose the books and appli- 33 ances for their schools, subject to such rules and regulations 34 as the State Board of Education shall prescribe. 35 Fifth. It shall appoint a board of directors consisting of 36 five members, who shall serve without compensation, in which 37 shall be vested the management of the State library, and 38 the appoiniment of a librarian and other employees there- 39 for, subject to such rules and regulations as the General 40 Assembly shall prescribe. Sec. 5. Each magisterial district shall constitute a sepa- 2 rate school district unless otherwise provided by law. In 3 each school district there shall be elected by the people three 4 school trustees whose term of office shall be four years : 5 provided, that in cities and towns constituting separate 6 school districts, school trustees shall be elected or appointed 7 as may be provided by law. Sec. 6. The General Assembly shall set apart as a per- 2 manent and perpetual literary fund, the present literary 3 funds of the State ; the proceeds of all public lands donated 4 by Congress for public free school purposes ; of all escheated 5 property ; of all waste and unappropriated lands ; of all 6 property accruing to the State by forfeiture, and all fines 7 collected for ofiFenses committed against the State, and such 8 other sums as the General Assembly may appropriate. Sec. 7. The General Assembly shall apply the annual 2 interest on the literary fund ; that portion of the capitation 3 tax provided for in the Constitution to be paid into the State 4 treasury, and an annual tax on property of not less than 5 one nor more than five mills on the dollaV to the public free 6 schools of the primary and grammar grades, for the equal 7 benefit of all of the people of the State to be apportioned 8 on a basis of school population ; the number of children 9 between the ages of seven and twenty years in each school 10 district being the basis of such apportionment. Provision 1 1 shall be made to supply children attending the public free-schools 12 with necessarg text-books in cases where the parent or guardian 13 is unable, by reason of poverty, to furnish them. 14 Each city, town (if the same be a separate school [divis- 16 ion)] , district) county, and school district is authorized to 16 raise additional sums by a tax on property not to exceed in 17 the aggregate five mills on the dollar in any one year, to be %8 apportioned and expended by the local school authorities of Digitized by Google 4 OOMMITTBB BBP0&T8. 19 said cities, towns, counties, and districts in establishing and 20 maintaining such schools as in their judgment the publie 21 welfare may require : provided, that such primary schools 22 as shall be established in any school year shall be maintained 23 at least four months of [each] that school year before any 24 part of the fund assessed and collected may be devoted to 25 the establishment of schools of higher grade. The boards 26 of supervisors of the several counties, and the common 27 councils of the several cities and towns (where the same be 28 separate school [divisions)], districts) shall provide forlhe 29 levy and collection of the said local school taxes. Sec. 8. The General Assembly may establish agricultural, 2 normal, manual training and technical schools, and sttch 3 grades of schools as shall be for the public good. Sec. 9. [The General Assembly may enact laws to pre- 2 vent parents and guardians from allowing their children or 3 wards to grow up in ignorance.] The Oeneral Assembly 4 may provide for the compulsory education of children betuten 5 the ages of eight and thirteen years, except such as are weak in 6 body or mind, or can read and write, or are attending private 7 schools, or that are excused for cause by the district school trustees. Sec. 10. White and colored children shall not be taught 2 in the same school. Sec. 11. No appropriation of public funds shall be made 2 to any school or institution of learning not owned [and] or 3 exclusively controlled by the State [or some political sub- 4 division thereof] : provided, first, that the Greneral Assem- 5 bly may, in its discretion, continue the appropriations to the 6 College of William and Mary : and provided, second, that 7 this section shall in no wise affect the Act of the General 8 Assembly passed February 23, 1892, relating to bonds held 9 by schools and colleges : and provided, third, that cities, 10 towns, and counties may make appropriations to non-secta- 11 rian schools of manual, industrial, or technical training* 12 and also to any school or institution of learning owned or ex- 13 cltLsively controlled by such municipality or county. Sec. 12. The General Assembly shall make provision icft 2 the maintenance of the University of Virginia, and of tk 3 Virginia Military Institute, by an annual appropriation not 4 less than now provided by law. Sec. 13. [Members of the boards of the educational in- 2 stitutions, owned or controlled by the State, shall be ap- 3 pointed for terms of four years.] Memhers of the boards ef 4 visitors or trustees of educational institutions required by latcii 5 be appointed by the General Assembly or the OovemoVy shall hold 6 their position for the term of four years. Digitized by Google A SUBSTITUTE FOR THE REPORT OF THE COMMITTEE ON THE ELECTIVE FRANCHISE, &c. ARTICLE. Every male citizen of the United States at least twenty- 2 one years of age, who shall have been an actual resident of 3 this State for at least two years, of the county or city in 4 which he shall oflFer to vote at least one year, and of the 5 precinct at which be shall offer to vote, at least thirty 6 days, next preceding the election at which he shall offer to 7 vote, who is a person, 8 (1st.) Who has at any time before the adoption of this 9 Constitution served in the army or navy of the United 0 States, or of the Confederate States, or of any State of the .1 United States, or was ever, prior to January 1, 1870, en- .2 listed or enrolled in the militia of Virginia, or of the United 3 States, or of any State thereof, or who served therein, or 14 who paid any militia taxes, levies or fines, in lieu of such 15 service, or, 16 (2d.) Who, at any time prior to July 1, 1851, was en- 17 titled to vote in this State or any other State or territory of 18 the United States in which he then resided, or who woirid [9 have been so entitled to vote but for his race, color, or con- JO dition of servitude, or, il (3d.) Who is foreign born, or whose parents or grand- 52 parents, or either one of them, is, or was, foreign born, and 13 has become a naturalized citizen of the United States, or, J4 (4th.) Who is a direct legitimate descendant of any 55 person embraced within either of the three foregoing alter- 26 natives ; and W (5th.) Every such citizen, as is first above mentioned, not 28 embraced in either of the four alternatives last above men- 29 tioned, who, or whose wife at the time when he registers, as JO well hs at the time when he offers to vote, shall be the bona Jl fide owner of property assessed for taxation to him or her, J2 or to his or her trustee to the value of at least three hundred 83 dollars, and no other person shall be qualified to vote for 34 members of the General Assembly, and all other of- 35 ficers required to be elected by the people : provided, Digitized by Google 2 COMMITTBB RBPORT8. 36 however, that no person shall exercise the right of suffrage 37 conferred as above who shall not have had himself prop- 38 erlj assessed with all poll-taxes required to be assessed by 39 this Constitution or by law, and also with all taxes re- 40 quired to be assessed by law on the minimum amount of 41 property required hereby as a prerequisite to the right to 42 vote, when the right to vote is based upon the property 43 qualification alone, for the fiscal year in which he offers to 44 vote ; or who shall have permitted any portion of the taxes, 45 either poll or property, required by law to be assessed 46 against him or said property, to have been returned delin- 47 quent for non-payment for either of the two years next pre- 48 ceding the year in which he shall offer to vote ; or who shall 49 not have had himself properly registered in the appropriate 50 voting precinct, as required by law : provided, that no poll- 51 tax shall be required as a prerequisite to an exercise of the 52 right of suffrage by any ex-Confederate soldier who is not 53 assessed with property worth three hundred dollars or who 54 is receiving any pension or stipend from the State of Vir- 55 ginia by reason of service as a Confederate soldier, or who 56 is the inmate of any soldiers' home established for such 57 soldiers : and provided further, that no officer, soldier, sea- 58 man or marine of the United States army or navy, nor any 59 inmate of any soldiers' home or other charitable institution, 60 shall be considesed a resident of any county, city or town 61 within this State by reason of being stationed therein, or by 62 reason of being an inmate of any soldiers' home or other 63 charitable institution therein : and, provided further, that 64 the following persons shall be excluded from voting : 65 First. Idiots, lunatics and paupers. 66 Second. Persons convicted of bribery in any election, 67 embezzlement of public funds, treason, felony, petit larceny, 68 or any infamous offense or offense involving moral turpitude. Digitized by Google SUBSTITUTE OR REPORT OF COMMITTEE ON PUBLIC INSTITU- TIONS AND PRISONS. PENITENTIARY. Section 1. There shall be a penitentiary with such branch 2 prison and prison farms as may be provided by law. Section 2. The penitentiary, branch prisons, and prison 2 farms, shall be governed and controlled, and the superin- 3 tendenta and surgeons thereof appointed by a board of five 4 directors to be appointed by the Governor, by and with the 5 advice and consent of the Senate. The superintendent 6 shall appoint and may remove all other officers and em- 7 ployees of the penitentiary, branch prisons, and prison 8 farms, subject to the approval of the board of directors. 9 The superintendents and surgeons shall be appointed for a 0 term of four years, and shall be removable by the board of 1 directors for misbehavior, incapacity, neglect of official duty, 2 or acts performed without due authority of law. The terms 3 of the directors first appointed shall be one, two, three, four 4 and five years, respectively, and thereafter, upon the exira- 0 tion of the term of a director, his successor shall be appointed 6 for a term of five years. STATE HOSPITALS FOR THE INSANE. Sec. 3. For each of the four State hospitals for the in- 2 sane now existing, and for every such hospital hereafter es- 3 tablished there shall be a special board of directors consist- 4 ing of three members, who shall be appointed by the Gover- 5 nor, by and with the advice and consent of the Senate ; such 6 board, subject to the approval of the general board of direc- 7 tors hereinafter constituted, shall be charged with the local 8 control and management of the hospital for which it is ap- 9 pointed. The terms of the directors first appointed shall be iO two, four and six years, respectively, and thereafter upon 11 the expiration of the term of a member, his successor shall 12 be appointed for a term of six years. Sec. 4. There shall be a general board of directors for 2 the control and management of all the State hospitals for Digitized by Google ^ COMMITTBB BSPORT8. 3 the insane now existing or hereafter established, which shall 4 consist of all the directors appointed members of the several 5 special boards. The general board of directors shall besub- 6 ject to such rules and regulations as the General Assembly 7 may from time to time prescribe by law and shall have full 8 power and control over the special boards of directors and 9 all of the officers and employees of the said hospitals. Sec. 5. The general board of directors shall appoint for 2 a term of four years a superintendent for each State hos- 3 pital for the insane who shall be removable by said board 4 for misbehavior, incapacity, neglect of official duty or acts 5 performed without due authority of law. The special board 6 of directors of each State hospital for the insane, shall, 7 subject to the approval of the general board of directors, 8 appoint for a term of four years all resident officers and 9 subject to the approval of the special board of directors the 10 superintendent of each State hospital shall appoint all other 11 employees of such hospital and may remove said oflBcere 12 and employees with the consent of the board that approved 13 the appointment in the first instance. Sec. 6. There shall be a commissioner of State hospitals 2 for the insane, who shall be ez-officio chairman of each of the 3 local boards of directors and of the general board of direc- 4 tors, and shall be held responsible for the proper disburse- 5 ment of all monies appropriated or received from any source 6 for the maintenance of the said hospitals. The commis- 7 sioner shall cause to be established and maintained at all 8 of the hospitals a uniform system of keeping the records and 9 accounts of money received and disbursed and the report 10 thereof. The commissioner shall be appointed by the Gov- 11 ernor, by and with the advice and consent of the Senate, for 12 a term of four years. The commissioner shall execute such 13 bond, receive such salary, and discharge such other duties 14 as may be prescribed by law. Digitized by VjOOQIC AMENDMENT TO REPORT OF THE COMMITTEE ON ELECTIVE FRANCHISE, Etc. like out of th« majority report on snffirage ail from lino 1 to line 65, inclu- sive, and insert the following : Every male citizen of the United States, at least twenty- 2 one years of age, unless otherwise disqualified by this Con- i stitution, shall be entitled to vote in any elec4}ion held under i the laws of this State, or of the United States, if he shall 5 meet the following requirements : 1. He shall have been an actual resident of the State 2 two years, and of the county, city or town in which he shall 3 ofifer to vote twelve months, and of the precinct in which he i shall offer to vote thirty days, next preceding the election 5 at which he shall so offer. 2. He shall have paid to the proper officer of the State, 2 at least six months prior to the election at which he shall 3 oflfer to vote, an annual poll-tax of one dollar and fifty cents, 4 ($]. 50), imposed by this Constitution, for the years con- 5 secutively preceding such election, not to exceed four in 6 number. 3. He shall, for the fiscal year preceding that in which 2 he shall offer to vote, have been assessed for taxation in the 3 county, city, or town of his residence with not less than one 4 hundred dollars in value of real or personal property, or 5 both, and shall have paid, at least six months prior to the 6 election at which he shall offer to vote, all taxes assessed 7 against him upon sUch amount of property for such pre- 8 ceding year : provided, however, that this qualification shall 9 not be required of the persons who may be embraced in the 0 following classes, viz : 1 (a) Of a person who is foreign born, and has become a 2 naturalized citizen of the United States. 3 (b) Of any person who shall be sixty years of age at the 4 time of the adoption of this Constitution ; nor 5 (c) Of any person who shall have served in the army or 6 navy of the Confederate States or of any one of the States 7 thereof, at some time during the late war between the States, 8 or who shall have served in the army or navy of the United Digitized by Google Ji OOMMITTEE BBPOBT8. 19 States in time of war, and have been honorably discharge 20 from such service to the United States ; nor 21 (d) During the five years next succeeding the adoptio 22 of this Constitution, of a lawful descendant of a perso! 23 who shall have performed military service as set set fort 24 in the above sub-clause ; nor 25 (e) During the five years next succeeding the adoptira 26 of this Constitution, of a son of a person who shall have th 27 property qualification required in section three, if such soi 28 shall, during said five years, actually reside with his fath^ 29 or shall reside in some other county, city, or town in thi 30 State ; provided, however, that he shall, at each election a 31 which he shall vote prepare his own ballot without any as 32 sistance, unless he shall be physically disabled ; nor 33 (f) Of any person who shall become twenty -one year 34 of age after the adoption of this Constitution for the firs 35 five years after he shall have reached such age of maturity 36 provided, however, that at each election at which he shal 37 vote, prepare his own ballot without any assistance, unlea 38 he shall be physically disabled. 4. Any person who shall be, at the time of the adoptioo 2 of this Constitution, twenty-one years of age, and shall fail 3 to register within two years after the adoption of this ConI 4 stitution, shall forfeit any right to be embraced in any on< 5 of the classes set forth in sub-clauses (a), (b), (c), (d) 6 and (e) of section three, and shall not thereafter be rej 7 garded as embraced in any one of said clauses. 5. The Legislature shall require that the ofScer in an; 2 city, county, or town collecting the capitation and property 3 taxes above mentioned, shall give proper information to tbc 4 proper election officers before the election had next afttt 5 the first day of May of each year of those who have paid 6 such taxes. Any person oflFering to register as a voter shall 7 produce satisfactory proof to the proper election oflScei 8 that he has paid all such taxes which may be required o\ 9 him as herein provided. Whenever any person at anj 10 election shall offer to vote, the election officer, before rfr 11 ceiving the ballot, shall first ascertain from the informatiod 12 furnished him as above stated, or from any source proTidea 13 by the Legislature, that the person is entitled to vote i^ 14 that election. Digitized by Google J REPORT OF THE COMMITTEE ON CORPORATIONS. To the President and Members of the Constitutional Convention : Your Committee on Corporations herewith respectfully report an article on corporations, which they recommend be embodied in the new Constitution. Section 1. As used in this article, the term *' Corpora- 2 tion'' or *' Company" shall be construed to include all 3 trusts, associations and joint stock companies having any 4 powers or privileges not possessed by individuals or un- 5 limited partnerships, but to exclude all municipal corpora- 6 tions or public eleemosynary institutions, asylums or prisons 7 owned or controlled by the State ; the term *' charter *' shall 8 be construed to mean the charter of incorporation by or 9 under which any such corporation is formed ; the term 10 "transportation company'' shall be construed to include 11 any company, trustee or other person owning, leasing or 12 operating for hire a railroad, street railway, canal, steam- 13 boat or steamship line, and also any sleeping or parlor car 14 company, freight car company, car association or car trust, 15 express company, or company trustee or person in any way 16 engaged in business as a common carrier over a route ac- 17 quired in whole or in part under right of eminent domain ; 18 the term " transmission company " shall be construed to 19 mean any company owning, leasing or operating for hire 20 any telegraph or telephone line ; the term " freight " shall 21 be construed to mean any property transported, or received 22 for transportation, by any transportation company ; the 23 term "public service corporation" shall be construed to 24 include all transportation and transmission companies, all 25 gas, electric light, heat and power companies, and all com- 26 panies authorized to exercise the right of eminent domain, 27 or to use or occupy any street, alley or public highway in a 28 manner not permitted to the general public ; the term 29 " person " as used in this article shall be construed to in- 30 elude individuals, partnerships and corporations, and to 31 include the plural as well as singular number ; the term 32 *^ bond " shall include all certificates or written evidence of Digitized by Google 2 COMMTTTEB BEPOBTS. 33 indebtedness issued by any corporation and secured by 34 mortgage or trust deed. The provisions of this article shall h5 always be so restricted in their application as not to con- 36 flict with any of the provisions of the Federal Constitution 37 and just as if the necessary limitations upon their interpre- 38 tation had been herein expressed in each case. Sec. 2. The creation of corporations and the extension 2 and amendment of charters (whether heretofore or here- 3 after granted) shall be provided for by general laws, uni- 4 form as to the class of corporations to which they relate, 5 and no charter shall be granted, amended or extended by 6 special act, nor shall authority in such matters be conferred 7 upon any tribunal or officer, authorized to grant, amend or 8 extend charters, further than to ascertain that the appli- 9 cants have, by complying with the requirements of the law, 10 entitled themselves to the charter, amendment or extension 11 applied for. Such general laws may be, from time to time, 12 amended or repealed by the General Assembly ; and all 13 charters or amendments of charters now existing and revo- 14 cable or hereafter granted or extended, shall be repealable 15 at any time by special act, at the pleasure of the 16 General Assembly. Provision shall be made by general 17 laws, for the voluntary surrender of its charter by any cor- 18 poration, and for the forfeiture of charters for non-user or 19 misuser. The General Assembly shall not, by special act, 20 regulate the affairs of any corporation, nor give it any 21 special rights or privileges. Sec. 3. There is hereby created a permanent commission, 2 to consist of three members, which shall be known as the 3 State corporation commission. The said commission shall 4 be appointed by the Governor, subject to confirmation by 5 the General Assembly in joint session, and their regular 6 terms of office shall be six years, respectively, except as to 7 those first appointed under this Constitution, of whom one 8 shall hold office until the first day of February, 1905, one 9 till the first day of February, 1907, and one till the first 10 day of February, 3909. The said commissioners first ap- 11 pointed shall, immediately after their appointment, forth- 12 with enter upon the duties of their office, and shall elect 13 one of their members chairman of the commission, which 14 position they shall annually refill by similar election. No 15 person appointed on said commission, either for a regular 16 term, or to fill a vacancy, shall continue in office after the 17 General Assembly shall have refused to confirm his appoint- 18 ment, nor after the General Assembly shall have adjourned 19 sine die, subsequent to his appointment without confirming 20 the same, nor shall he be eligible for re-appointment to fill Digitized by Google GOMMITTES BEPOBTS. 3 1 the vacancy caused by such failure or refusal to confirm. 2 Whenever a vacancy shall occur on the said commission, 3 the Governor shall forthwith appoint a qualified person to 4 fill the same for the unexpired term, subject to confirmation 5 by the General Assembly as aforesaid. No person employed 6 by^ or holding any oflSce in relation to, any transportation 7 or transmission company, or who is in any wise financially '8 interested therein, shall hold office as such commissioner, ty or perform any of the duties thereof. At least one member ^ of said commission shall have the same qualifications pre- •1 scribed for members of the Supreme Court of Appeals, and 52 any of the members of the said commission may be im- 13 peached or removed in the same manner provided for the ^4 impeachment or removal of members of the said court, 15 The said commission shall have one clerk and one bailiflf. (6 and such other clerks, officers, assistants, and subordinates 17 as may be provided by law, all of whom shall be appointed, is and subject to removal, by the said commission, and said 19 commission shall prescribe its own rules of order and pro- 10 cedure. All sessions of said commission shall be public, 11 and a permanent record shall be kept of all of its judgments, 12 rules, orders, findings, and decisions, and of all reports made t3 to, or by, it. Any two of said commissioners shall consti- 14 tute a quorum for the transaction of business, whether the t5 office of the other commissioner be at the time vacant or not. 16 The office of the commission shall be open for business on 17 every day except Sundays and legal holidays. Trans- 18 portation companies hereafter doing business in this State 19 shall at all times transport, free of charge, the members of 50 said commission and their officers, or any of them, when 51 engaged on their official duties. The General Assemby 52 shall provide suitable quarters for the said commission, funds 53 for its incidental expenses (including pay of witnesses sum- 54 moned, and costs of executing processes issued by the com- 55 mission of its own motion) , and salaries for its members, 56 clerks, assistants, and subordinates : provided, that the 57 salary of each commissioner shall not be less than three 58 thousand dollars per annum. 59 After the first day of January, 1909, the (Jeneral Assem- BO bly may provide by law for the election of the said commis- si sioners by the people of the State at large, instead of their 62 appointment by the Governor as hereinbefore required. Sec. 4. a. Subject to the provisions of this Constitution 2 and to such requirements, rules and regulations as may be 3 prescribed by law, the State Corporation Commission shall 4 be the Department of Government through which shall be 5 issued all charters and amendments or extensions thereof, 16 Digitized by Google 4 OOMMrrTBB BBPOBTS. 6 for domestic corporations, and all licenses to do business 7 in this State, to foreign corporations ; and through which 8 shall be carried out all the provisions of this Constitution 9 and of the laws made in pursuance thereof, for the visita- 10 tion, supervision, regulation and control of corporations 11 chartered by, or doing business in, this State. The said 12 commission shall prescribe the forms of all reports which 13 may be required of such corporations by this Constitution 14 or by law ; it shall collect, receive and preserve such re- 15 ports, and annually tabulate and publish them in statisti- 16 cal form ; it shall have all the rights and powers of, and 17 perform all the duties now devolving upon, the Railroad 18 Commissioner and the Board of Public Works, except so 19 far as they are inconsistent with this Constitution or may 20 be hereafter abolished or changed by law. 21 b. The said commission shall have the power, and be 22 charged with the duty, of supervising, regulating and con- 23 trolling all transportation and transmission companies 24 doing business in this State, in all matters relating to the 25 performance of their public duties and of their charges 26 therefor, and of correcting abuses therein by such com- 27 panies ; and to that end the said commission shall, from 28 time to time, prescribe, and enforce against such com- 29 panies, in the manner hereinafter authorized, such rates 30 of charges, classification of traffic and rules and regula- 31 tions, and shall require them to establish and maintain all 32 such public service, facilities and conveniences, as the said 33 cemmission may, within the limitations of the Consti- 34 tutions of this State and of the United States, deem 35 reasonable and just, which said rates, classifications, rules, 36 regulations and requirements the said commission may, 37 from time to time, alter or amend, and all rates, classifi- 38 cations, rules and regulations adopted or acted upon by 39 any such company, and which are inconsistent with those 40 prescribed by said commission, within the scope of its 41 authority, shall be unlawful and void. The said commis- 42 sion shall also have the right at all times to i::.;p_: i 43 books and papers of all transportation and transmission 44 companies doing business in this State, and to require 45 from such companies, from time to time, special reports 46 and statements under oath, concerning their business; it 47 shall keep itself fully informed of the physical condition 48 of all the railroads of the State, as to the manner in which 49 they are operated, with reference to the security and 50 accommodation of the public, and shall, from time to time, 51 make and enforce such requirements, rules and regula- 52 tions as may be necessary to prevent unjust or unreason- Digitized by VjOOQiC OOMMITTBE BEPOBTS. O i3 able discriminations by any transportation company i4 against any person, locality, community, connecting line, 15 or kind of traffic, in the matter of car service, train or )6 boat schedule, or efficiency of transportation, or otherwise i7 in connection with the public duties of such company. )8 The authority of the said commission (subject to review )9 on appeal as hereinbefore provided) to prescribe rates of >0 charges and classification of traffic for transportation and )1 tranmission companies, shall be paramount ; but its 12 authority to prescribe any other rules, regulations and re- ^ quirements for such companies shall be subject to the \i superior authority of the General Assembly to legislate t5 thereon by general laws : provided, however, that nothing )6 in this section shall impair the right of any city or town, )7 by its municipal authorities, to prescribe the rates of 58 charges to be observed by any public service corporation )9 for all services performed by it, under a municipal fran- fO chise. granted by such city or town, and within the limits fl of the city or town granting the franchise. Upon the re- J2 quest of the parties interested, it shall be the duty of the li said commission, as far as possible, to effect, by media- f4 tion, the adjustment of claims and the settlement of con- f5 troversies, between transportation or transmission com- 16 panies and their patrons. n c. In all matters pertaining to the public visitation, f8 regulation or control of corporations, and within the juris- ts diction of the said commission, it shall have the powers W and authority of a court of record, to administer oaths, !1 compel the attendance of witnesses and the production of \2 papers, to punish for contempt any person guilty of disre- !3 spectful or disorderly conduct in the presence of the said (4 commission while in session ; and to enforce compliance J5 with any of its orders or requirements, entered by it within W the scope of its authority, by adjudging and enforcing, by 17 appropriate executive process, against the delinquent or 58 offending company (after it shall have been first duly >9 cited, proceeded against by due process of law before the K) said commission sitting as a court, and afforded opportun- )1 ity 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 \i the alleged violation) , such fines or other penalties as may )6 be prescribed or authorized by this Constitution or by law. 16 And the said commission shall be vested with such addi- YI tional powers, and charged with such other duties, in con- W nection with the visitation, regulation or control of corpo- 0 rations, or with the assessment of their property or the Digitized by Google 6 COMMITTEE RBPOBTS. 100 apRraisement of their franchises for taxation, or with the 101 investigation of the subject of taxation generally, and not 102 inconsistent with any of the provisions of this Constifcii- 103 tion, as may be prescribed by law. Any corporation f# 104 ing or refusing to obey any valid order or requirement of 305 the said commission, may be fined by said commissioa 106 (proceeding by due process of law as aforesaid) such sum, 107 not exceeding five hundred dollars, as the said commission 108 may deem proper, or such sum, in excess of five hundred 109 dollars, as may be prescribed or authorized by law; and 110 each day's continuance of such failure or refusal, after due 111 service upon said corporation of the order or requirement 112 of the said commission in question, shall be a separate 113 offence. 114 d. From any action of said commission prescribing 115 charges or classifications of traflSc, an appeal, subj^ 116 to such reasonable limitations as to time, regulations as to 117 procedure, and provisions as to cost, as may be prescribed 118 by law — may be taken by the corporation whose charges, 119 of classifications of traflSc, are affected, or by any person 120 deeming himself aggrieved by such action, or (if allowed 121 bylaw) by the Commonwealth. If such appeal be taken 122 by the corporation whose charges, or classifications of 123 traflSc, are affected, the Commonwealth shall be made the 124 appellee, but, in either of the other two cases mentioned, 125 the corporation whose charges or classification of traffic 126 are affected shall be made the appellee. The General 127 Assembly may also, by general laws, provide for appeals 128 from any other action of the said commission, by the 129 Commonwealth or by any person interested. All appeals 130 from the said commission shall be to the Supreme Court 131 of Appeals only, and in all appeals to which the Common- 132 wealth shall be a party, it shall be represented in the ap- 133 pellate court by the Attorney-General or his legally ap- 134 pointed representative. 135 e. No action of the said commission prescribing ^ 136 affecting the charges, or classifications of traffic, of any 137 transportation or transmission company shall be delayed 138 or suspended in its operation by reason of any appeal l^ 139 such corporation, or of any proceedings resulting from 140 such appeal, prior to the final reversal of such order bf 141 the appellate court, unless and until a suspending bond, 142 payable to the Commonwealth, sufficient in amount and 143 security to ensure the prompt refunding by the appealing 144 corporation, to the parties entitled thereto, of aJloTe^ 145 charges on the rate of charges or classification of traffiCi 146 appealed from, that such company may collect or receive Digitized by Google COMMITTEE BBPOBTS. / 147 pending said appeal, shall first have been executed, filed 148 with, and approved by the said commission, which shall 149 forthwith require the appealing company (under penalty 150 of the immediate enforcement, pending the appeal, of the 151 order or requirement appealed from) to keep such accounts, 152 and make to the commission, from time to time, such re- 153 ports, verified by oath, as may, in the judgment of said 154 commission, suffice . to show the amount being charged or 155 received by th6 company, pending the appeal, in excess of 156 the charge allowed by the action of the commission ap- 157 pealed from, together with the names and addresses of the 158 persons to whom such overcharges will be refundable in 159 case such action be not reversed ; and said commission 160 shall also, from time to time, require such company, under 161 like penalty, to give additional security in, or increase the 162 said suspending bond, whenever, in the opinion of the com- 163 mission, the same may be necessary to insure the prompt re- 164 funding of the overcharges aforesaid. Upoti the final 165 decision of such appeal, all money which the appealing 166 company may have collected, pending the appeal, in excess 167 of that authorized by such final decision, shall be promptly 168 refunded to the parties entitled thereto, in such manner as 169 may be prescribed by the commission, or by law. All 170 such appeals affecting rates of charges or classifications of 171 traffic shall have precedence upon the docket of the appel- 172 late court, and shall be heard and disposed of promptly 173 by the court, irrespective of its place of session, next 174 after the hnbeas corpus, and Commonwealth's cases already 175 on the docket of the court. 176 f . In no case of appeal from the said commission shall 177 any new or additional evidence be introduced in the appel- 178 late court, but the General Assembly shall provide by law 179 for the certification by said commission to the appellate 180 court, of all the facts or evidence upon which the action 181 appealed from was based, and which may be essential for 182 the proper decision of the appeal therefrom. The said 183 commission shall, whenever an appeal is taken therefrom, 184 file with the record of the case, and as a part thereof, a 185 written statement of the reasons upon which the action 186 appealed from was based, and such statement shall 187 always be read and considered by the appellate court upon 188 disposing of the appeal, and the action of the commission 189 appealed from shall be regarded as prima facie just, rea- 190 sonable and correct ; but the court may, when it deems 191 necessary, in the interest of justice, remand to the said 192 commission any case pending on appeal, and require the 193 ^d'P^c tQ bi? further iuy^stigated by the commission, and re- Digitized by Google 8 COMMITTEE BEPOBTS. 194 ported upon to the court, before the appeal is finaUj de- 195 cided. 196 g. Whenever the court, upon appeal, shall reverse ae 197 order of said commission affecting the rates of charges, or 198 the classification of traffic, of any transportation or trans* 199 mission company, it shall, at the same time, substitute for 200 the reversed order, the order which, in its opinion, the 201 commission should have entered at the time of entering, 202 and in lieu of, the order appealed from, otherwise there- 203 versal order shall not be valid. Such substituted order 204 shall have the same force and effect (and none other) as if 205 it had been entered by the commission at the time the 206 original order appealed from was entered. The right of 207 the commission to prescribe and enforce rates, charges, 208 classifications, rules and regulations affecting any and all 209 actions of the commission theretofore entered by it luid 210 appealed from, but based upon circumstances or conditions 211 different from those existing at the time the order appealed 212 from was made, shall not be suspended or impaired bj 213 reason of the pendency of such appeal ; but no order of 214 said commission prescribing or altering such rates, classi- 215 fications, rules or regulation shall be retroactive. 216 h. The right of any person to institute and prosecute in 217 the ordinary courts of justice, any action, suit or motion 218 against any transportation or transmission company, for 219 any claim or cause of action against such company, shall 220 not be extinguished or impaired, by reason of any fine or 221 other penalty which the said commission may inflict, or 222 be authorized to inflict, upon such company because of its 223 breach of any public duty, or its failure to comply with 224 any order or requirement of said commission ; but, in no 225 such proceeding by any person against such corporation, 226 shall the reasonableness, justness or validity of any charge, 227 classification of traffic, rule, regulation or requirement 228 theretofore prescribed by said commission, within the 229 scope of its authority, be questioned. 230 i. The said commission shall annually make reports to 231 the Governor, of its proceedings, in which reports it shall 232 recommend from time to time such new or additional legis- 233 lation in reference to its own powers or duties, or to the 234 creation, supervision, regulation or control of corporations. 235 or to the subject of taxation, as the commission may deem 236 wise or expedient or which may be required by law. 237 k. The Board of Public Works and the office of Railroad 238 Commissioner, as they now exist, are hereby abolished; 239 and all books, papers and documents pertaining thereto, 240 shall be forthwith transferred to , and hereafter become a Digitized by Google COMMITTBE BEPOBTS. 9 241 part of the records of, the office of the said State Corpora- 242 tion Commission. 243 1. After the first day of January, 1905, the General 244 Assembly, upon the recommendation of the said commis- 245 sion, may, from time to time, by law, amend sub-sections 246 d, e, f, g, h, and i of this section, or any of them, or any 247 such amendmendment thereof : provided, that no amend- 248 ment made under authority of this sub-section shall be in- 249 consistent with the provisions of any part of tbis Constitu- 250 tion other than the sub-sections last above named. Sec. 5. Provision shall be made by general laws for the 2 payment of a fee to the Commonwealth by every domestic 3 corporation, upon the granting, amendment, or extension 4 of its charter, and by every foreign corporation upon ob- 5 taining a license to do business in this State, as specified in 6 this section ; and also for the payment, by every corpora- 7 tion hereafter doing business in this State, of an annual fee 8 of not less than $5.00 upon its charter or license to do busi- 9 ness, and for the making, by every such corporation, (at the 10 same time, and in connection with the payment of such an- il nual fee) , of such report to the State corporation commis- 12 sion, of the status, business, or condition of such corpora- 13 tion, as the General Assembly may prescribe. No foreign 14 corporation shall have authority to do business in this State, 15 unless and until it shall have first obtained from the State 16 corporation commission a license to do business in this 17 State, upon such terms and conditions as may be prescribed 18 by law. The failure by any corporation for two successive 19 years to pay its said annual franchise or license fee, or to 20 make its said annual reports in connection therewith, shall, 21 when such failure shall have continued for ninety days after 22 the expiration of the said two years, ipso facto forfeit the 23 charter, or license, of such corporation, as the case may be, 24 and the General Assembly shall provide additional and suit- 25 able penalties for the failure of any corporation to promptly 26 comply with the requirements of this section, or of any 27 laws passed in pursuance thereof. The State corporation 28 commission shall require all corporations to comply 29 promptly with the requirements of this section, and of the 30 laws passed in pursuance thereof, by enforcing in the man- 31 ner hereinbefore authorized, such fines and penalties against 32 the delinquent company as may be provided for, or author- 33 ized by, this article. Sec. 6. Any corporation heretofore chartered in this 2 State which shall hereafter accept or eflfect any amendment 3 or extension of its charter, shall be conclusively presumed 4 to have thereby surrendered any exemption from taxation, Digitized by Google 10 COMMITTEE RBPOBTS. 5 and any non-repealable feature of its charter, or of aay 6 amendment thereof, and all other special or exclusive rights 7 or priviliges theretofore granted to it by the General Assem- 8 bly, and not enjoyed by other corporations of a similar goi- 9 eral character, and to have thereby agreed to there^ter 10 hold its charter and franchises, and all amendments thereof, 11 under the provisions and subject to all the requirements, 12 terms, and conditions of this Constitution, and of laws 13 hereafter passed in pursuance thereof, so far as the sune 14 may be made applicable to such corporation. Sec. 7. The exercise of the right of eminent domain 2 shall never be abridged , or so construed as to prevent the 3 General Assembly from taking the property and franchises 4 of corporations and subjecting them to public use, the same 5 as the property of individuals ; and the exercise of the 6 police power of the State shall never be abridged, or so 7 construed as to permit corporations to conduct their busi- 8 ness in such a manner as to infringe the equal rights of in- 9 dividuals or the general well-being of the State. Sec. 8. The General Assembly shall, by general laws, of 2 uniform operation, provide reasonable and economical 3 regulations for the ascertainment of just compensation to 4 all railroads a part of whose right of way may be con- 5 demned for the use of telegraph or telephone lines, and 6 provide for the condemnation, in one proceeding, of the 7 whole of such part of the right of way of any riolroad in 8 this State, and that telegraph and telephone companies, by 9 such proceedings, shall, by such proceedings, acquire only 10 an easement in, and to the right of way of the railroads in 11 this State, for the purpose of constructing, maintaining and 12 operating their lines, which must be done so as not to in- 13 terfere with the operation of the railroad trains ; and if, at 14 any time, a railroad company shall need for railroad pur- 15 poses any portion of its right of way occupied by a tele- 16 graph or telephone company, such telegraph or telephone 17 company shall, upon reasonable notice, at its own expense, 18 remove its lines to such other points on the right of way as 19 may be designated by the railroad company. The railroad 20 company shall have the prior right to their entire right of 21 way for railroad purposes. Sec. 9. No transportation or transmission company 2 shall charge or receive any greater compensation, in the 3 aggregate, for transporting the same class of passengers 4 or property, or for transmitting the same class of 5 messages, over a shorter than over a longer distance, along 6 the same line and in the same direction (the shorter 7 being included in the longer distance) ^whether such longer Digitized by Google COMMITTEE BEPORTS. 11 8 distance be entirely within this State or not ; but this sec- 9 tion shall not be construed as authorizing any such com- 10 pany to charge or receive as great compensation for a 11 shorter as for a longer distance. The State Corporation i2 Commission may, from time to time, authorize any such 13 company to disregard the foregoing provisions of this sec- 14 tion, by charging such rates as the said commission may 15 prescribe as just and equitable between such company ard 16 the public, to or from any junctional or competitive points 17 or localities, or where the competition of points located 18 without this State may make necessary the prescribing of 19 special rates for the protection of the commerse of this State ; 20 but this section shall not apply to any special excursion, or 21 commutation rates, or special rates for services rendered to 22 the government of this State or of the United States, or in 23 the interest of some public object, when the same shall have 24 been prescribed, or authorized, by the State corporation 25 commission. Sec. 10. No transportation or transmission company do- 2 ing business in this State, shall grant to any member of 3 the General Assembly, nor to any State, county, district or 4 municipal oflScer (excpt to the members and oflScers of the 5 State corporation commission for their personal use during 6 their terms of office) any free pass, free transportation, or 7 any rebate or reduction in the rates charged by such com- 8 pany to the general public for like service. For violation 9 of the provisions of this section the offending company shall 10 be liable to such penalties as may be prescribed by law ; and 11 any such officer or member of the General Assembly who 12 shall, during his term of office, accept the benefit of any 13 such rebate or reduction, or the use of any such free pass 14 or free transportation, as is prohibited by this section, shall 15 thereby forfeit his office, and be subject to such further pen- 16 alties as may be prescribed by law. Sec. 11. Every employee of any railroad corporation 2 engaged in the physical construction, repair, or mainten- 3 ance of its roadway, track, or any of the structures con- 4 nected therewith, or in the physical operation of its trains, 5 cars, engines, or switches, shall have the same rights and 6 remedies for every injury suffered by him from the acts or 7 omissions of such corporations or its employees, as are al- 8 lowed by law to other persons not employees or passengers, 9 when the injury results from the negligence of a superior 10 agent or officer of the corporation, or from that of a person 11 employed by it having the right to control or direct the ser- 12 vices of the party injured, or the services of the co-employee 13 by whom he is injured, and also when the injury results Digitized by Google 12 OOMICTTTEE BSPOBT8. 14 from the negligence of a co-employee on another train of 15 cars, or who has charge of any switch, signal point or loco- 16 motive engine, or is charged with dispatching trains or 17 transmitting telegraphic orders therefor. Knowledge, by \ 18 any employee injured, of the defective or unsafe character 19 or condition of any machinery, ways, appliances, or struc- 20 ture, shall not of itself be a bar to recovery for an injury 21 caused thereby. When death, whether instantaneous or 22 otherwise, results from any injury to such an employee, re- 23 ceived as aforesaid, the personal representative, surviving 24 consort and relatives of the deceased, shall have the same 25 rights and remedies that they would have had if he had not ^ 26 been an employee of the company. Any contract or agree- -. 27 ment, express or implied, made by any employee, to waive 28 the benefit of this section, shall be null and void. This '; 29 section shall not be construed to deprive any employee of a 30 corporation, or his legal or personal representative, survit- 31 ing consort or relatives, of any rights or remedy that he 32 now has or they now have by the law of the land. The 33 Oeneral Assembly may enlarge the relief and remedies here- 34 in provided for the above named class of employees, and 35 may extend those herein provided for, or herein authorized, 36 to any other class of employees. Sec. 12. No foreign corporation shall be authorized to 2 carry on, in this State, the business, not to exercise any of 3 the powers or functions of a public service corporation, nor 4 be permitted to do anything which domestic corporations 5 are prohibited from doing, nor be relieved from compliance 6 with any of the requirements made of domestic corpora- 7 tions by the Constitution and laws of this State, where the 8 same can be made applicable to such corporation. But this 9 section shall not affect any public service corporation whose 10 line or route extends across the boundary of this Common- 11 wealth, nor prevent any foreign corporation from continuing 12 in such business as it may be actually engaged in, within 13 this State, when this Constitution goes into effect ; but any 14 such foreign public service corporation, so engaged, shall 15 not be authorized to hereafter acquire, lease, use or operate, 16 within this State, any public or municipal franchise in 17 addition to such as it may own, lease, use or operate when 18 this Constitution goes into effect. The property, within 19 this State, of foreign corporations shall always be subject 20 to attachment, the same as that of non-resident individuals. Sec. 13. The right of the Commonwealth, through such 2 instrumentalities as it may select, to prescribe and define 3 the public duties of all common carriers and public service 4 corporations, to regulate and control such carriers and cor- Digitized by Google COMMITTEE BEPOBTS. 13 5 porations in the performance of their public duties, and to 6 fix and limit their charges therefor, shall never be sur- 7 rendered nor abridged. Sec. 14. The credit of the State shall not be granted to, 2 or in aid of, any corporation, nor shall the State hereafter 3 subscribe to or become interested in the stock of any cor- 4 poration. Sec. 15. The General Assembly shall require annual re- 2 ports to be made to the State corporation commission, of 3 their affairs and condition, by all corporations doing busi- 4 ness in this State, the character or extent of whose busi- 5 ness shall render publicity in their affairs essential or con- 6 ducive to the public welfare. Sec. 16. The General Assembly shall enact laws prevent- . 2 ing all trusts, combinations and monopolies, inimical to 3 the public welfare. Sec. 17. The free right to build and operate railroads, 2 parallel to any other railroads previously established, shall 3 never be abridged nor denied to any railroad company here- 4 after chartered by this State ; but this section shall not de- 6 prive the General Assembly of the right to prevent (by 6 statute, repealable at the pleasure of the General Assembly) 7 any railroad from being built parallel to the present line of 8 the Richmond, Fredericksburg, and Potomac Railroad. Sec. 18. General laws regulating and controlling the 2 issue of stock and bonds by corporations shall be enacted 3 by the General Assembly ; but no statute shall be enacted 4 authorizing any corporation to issue its stock as full paid, 5 at less than its par value. Whenever anything other than 6 money is hereafter received, or to be received, by a corpora- 7 tion, in full or part payment for stock or bonds to be is- 8 sued by it, the corporation shall, before the issue of such 9 stock or bonds, file with the State corporation commission 10 a full and accurate written description (verified by the oath 11 of the president or secretary of the corporation) of the 12 property or services so received, or to be received, (stated in 13 detail) , and against which the said stock or bonds are to be 14 issued, together with a written statement, similarly verified, 15 of the valuation at which the said property or services are 16 so received, or to be received — a separate valuation being 17 specified for each item of the property of services as stated 18 in the description thereof. The General Assembly shall 19 provide adequate penalties for the violation of this section, 20 or of any laws passed in pursuance thereof ; and it shall 21 be the duty of the State corporation commission to see to 22 the enforcement of the provisions of this section, by ad- 23 judging and enforcing against any delinquent or offending Digitized by Google 14 COMMITTEE BEPOBTS. 24 company 9 in the manner hereinbefore authorized, such fines 25 and penalties as are authorized by this Constitution, or 26 maybe prescribed by law. Sec. 19. All existing charters or grants of corporate 2 powers, under which an organization has in good faith 3 taken place before this Constitution goes into effect, and 4 the corporate powers of all corporations heretofore existing, 5 but which have had no bona fide organized existence since 6 the first day of January, 1902, are hereby revoked. Respectfully submitted, A. C. BRAXTON, J. C. WYSOR, JOHN H. INGRAM, JOSEPH STEBBINS, GILMOR S. KENDALL, W. T. YANCEY, RICHARD McILWAINE, GEO. W. JONES. I concur in the above report except as to sections 3, 4, 5, 8, and 13, to which I reserve the right to submit a minority report. ROBERT W. BLAIR. Digitized by Google REPORT OF THE COMMITTEE ON AGRICULTURE, INDUSTRIAL AND MANUFACTURING INTERESTS, AND IMMIGRATION. To the President and Members of the Constitutional Convention : The Committee on Agricultural, Industrial and Manufactur- ing Interests and Immigration respectfully submits herewith an article, which, in the opinion of the committee, should be adopted by the Convention as Article of the proposed Con- stitution. Owing to the number of subjects which have come under the consideration of your committee, and the variety of opinions which have been presented, both by the members of the com- mittee and by persons connected with the agricultural and in- dustrial development of the State, it has been with great difficulty that the committee has reached a conclusion which it deems, in the main, sufficient, in respect to the development of the State, and at the same time free from such provisions as might be deemed inappropriate as part of our organic law. It may be said that the special consideration of the subject of agricultural and industrial and manufacturing interests is one which has not been heretofore considered as of sufficient importance in itself to justify the creation of a separate com- mittee for its special consideration. The investigation of the committee charged with this high responsibility has fully developed the justification for this rather unprecedented action by the Convention. It would be useless to undertake the recital, within the compass of this report, of all the important features of the subject referred to your committee, or to point out the various beneficial results to be reached by our action. The fact that the masses of the tax-payers and contributors to the common weal are directly connected with and, to some ex- tent, dependent upon the disposition of the subject under our consideration, is sufficient evidence of the importance which attaches to the deliberations and report of your committee. It is undeniably true that while agricultural interests in some portions of Virginia have been steadily languishing ; that while the young men raised on the farms have been drifting in hordes to pursuits which seemed to be alike more congenial Digitized by Google 2 OOMMITTEB BBP0BT8. and profitable ; yet, in other States, not greatly favored aboTe Virginia, those engaged in agricultural pursuits have been steadily increasing both in numbers and influence. It would be vain for this committee to say that every section of Vir- ginia could be made prosperous under any policy that might be proposed, but it is confidently believed that with the intro- duction of new and intelligent methods, such as may be ex- pected from a properly organized Agricultural Bureau, that many sections of the State, which now present an appearance of waste and desolation, might be made the scenes of happiness and prosperity. The State of Virginia cannot, through any proper public instrumentality, directly advance the material interests of individuals ; and yet it may light the pathway of many of its citizens who are now aimlessly groping in dark- ness. It may be stated that in no State of the tlnion is there a greater diversity of soil, climate and adaptability, than in the State of Virginia. Travellers who pass through the State from east to west, and from north to south, encounter varieties of soil, production and climate which cannot elsewhere be found in less than three States. It is this condition which has always militated against the unification of the agricultural in- terests of the State ; and it is this lack of unification which it is the object of your committee to relieve, so far as may be, under the provision for a Board of Agriculture charged with the consideration of every important interest known to the agriculture of the State. In approaching this subject, it must be remembered that Vir- ginia has not been heretofore wanting in faithful and unremit- ting effort, according to the means provided, to extend recogni- tion to agricultural interests ; but that heretofore the instru- mentalities used have never been properly organized or brought in touch with each other. Recognizing this condition » it has been the aim and object of your committee to unify and bring into harmony all the agencies which have heretofore been em- ployed in the advancement of agricultural interests. Not only has your committee sought to unify existing agencies, but to leave ample room for bringing into contribution to the advance- ment of the agricultural interests of the State all the heads of the various organizations which now exist or which may be hereafter created, looking to that end. That the work now being done by the Commissioner of Agri- culture and the Agricultural Board, as at present constituted by law, is useful, can not be denied. Neither can it be denied that the work being done by the Department of Agriculture of the Virginia Polytechnic Institute is beneficial to ihe agricnl* tural classes, so far as they have been able to avail themselves thereof. But it must be admitted that the efforts of both of Digitized by Google OOKMrrTEE BBPOBtS. S these agencies Of the State have been greatly minimized in im- portance and results by the fact that they have not been here- tofore so organized as to compel harmony and united action for the betterment of a common cause. Discovering these perfectly palpable facts, it has been the effort of your committee to so unite the State Agricultural Board and the Commissioner of Agriculture, on the one hand, and the Virginia Polytechnic In- stitute and its corps of trained experts, on the other, as to bring the State within the benefits which might be and should be conferred by the utilization of the combined efforts of these two important agencies. The report of your committee has been drawn with a view to the consummation of this much desired result ; but at the same time the committee has been exceedingly careful that the provisions embodied in the report shall not be such as to mini- mize the importance and effectiveness of either of these agen- cies, to the advantage of the other. It has, therefore, seemed wise to your committee, and they so report, that reciprocal relations between these two important agencies of the State shall be established ; which is, in the opinion of the committee, fully accomplished by the recommendation that the president of the Board of Agriculture and the Commissioner of Agricul- ture shall be members ex officio of the Board of the Polytechnic Institute, and that the President of the Polytechnic Institute and the rector of its Board of Visitors shall be members ex officio of the Board of Agriculture. In this way the wants of each of these arms of agricultural development will be made known to the other, and they will be united in a common cause in which both must either stand or fall. Under this arrange- ment, the Board of Agriculture will have practically the same control of the Commissioner of Agriculture as the Board of Visitors of the Polytechnic Institute has of the president of that institution ; making the boards in each case responsible for the proper administration of their respective departments and re- sponsive to the various interests which each board may repre- sent. We may be met by the objection that your committee is going more into detail as to the construction of the Agricultural Board and the manner of the election of the Commissioner of Agriculture, than should be attempted within the limits of a State Constitution. To this your committee replies, that it is unwilling to recommend a provision which makes it mandatory on the General Assembly to create and maintain an agricultural department, except there be coupled with the mandate a pro- vision defining the powers, duties, and responsibilities of the creation. It has seemed unwise and inadvisable to the com- mittee to call into being a Bureau of Agriculture, without ac- Digitized by Google 4 OOMMITTBE BBFOBT8. companying the call by such provisions in detail as will, in the judgment of the committee, give to the State the full benefit of whatever good can or should be accomplished by such agencies. The detail as to the manner of appointment of the Board of Agriculture, and the election of the Commissioner of Agricul- ture, and the reciprocal duties between the department thus created, and the Agricultural Department of the Virginia Poly- technic Institute, have seemed essential. To have given birth, in a Constitutional provision, to a bureau, without at least equipping it for usefulness and guarding it against the dangers which have heretofore retarded all the instrumentalities wMch the State has, from time to time, set in motion for the advance- ment of agricultural interests, would seem to your committee as giving evidence of ignorance of the subject or indifference to its importance. It is believed by your committee that they have formulated and presented to the Convention a scheme for the organization and control of an Agricultural Bureau which brings into contribution all of the vital forces now in existeiice for the advancement of agricultural interests, and leaves scope to the General Assembly for the addition of such other future forces as may, from time to time, appear. It is only through the unification of all of these forces and agencies that the agricultural masses of the State can be brought within the beneficial influence of an Agricultural Bureau. The Constitutional and statutory provisions of all the States of the Union have been diligently searched, with the view of forming for Virginia an Agricultural Bureau on the best models yet discovered ; and the information obtained from these various Constitutional and statutory provisions has been ma- turely considered and analyzed, and the best of all has been embodied, in the briefest possible compass, in this report. The immediate details will appear in section I, and in so far as they do not appear to be self-explanatory, will be brought immediately to the attention of the Convention. Suffice it to say that the report is based upon careful consideration of the high aims and objects to be attained, and upon a profound re- gard for the important interests to be subserved. Section II of the committee's report deals with principles which it was thought necessary should be embodied in the organic law. It may be said that the grievances of the pro- ducers of agricultural products have been, to some extent, re- lieved by statutory provisions, from time to time, yet it has been deemed to be of sufficient importance, by the represeDta- tives of various agricultural interests, to be brought to the attention of the Convention. Section III deals with the question of industrial and manu- facturing interests, upon which the committee, as will beob- Digitized by Google OOMMl'lTJU BXPOBT8. 5 served; is somewhat divided. As this section is purely in the nature of a recommendation to the Finance Committee > which is charged directly with the responsibility of determining the question, it will be left mainly to be considered in connection with the report of that committee. The committee has not been unmindful of the importance of extending encouragement to desirable immigration. Under the report, the Bureau of Immigration will be combined with that of agriculture as heretofore, thus leaving practically the administration of the Immigration Bureau to the agricultural interests of the State. The appropriateness of this arrange- ment is manifest when it is considered that persons engaged in agricultural pursuits, who are most usually land-owners, are, by reason of their calling, more nearly interested in attracting desirable immigration than any other class. It may be added, that the agricultural classes, more than any other, realize and appreciate the vital value and need of such immigration. It may be said, in conclusion, that a great many suggestions and propositions have been made to this committee which have been reported on adversely, for the reason that it was deemed unwise to burden the Constitution with provisions which were fairly within the power and discretion of the General Assembly. H. C. STUART, D. C. OTLAHERTY, HENRY FAIRFAX, W. GORDON ROBERTSON, W. N. PORTLOCK, GORDON L. VINCENT, C. E. MILLER, W. L. COBB, C. J. CAMPBELL, J. A. BRISTOW, OTWAY S. ALLEN. I dissent from so much of section 1 as provides for the elec- tion of the Commissioner of Agriculture and Immigration by the Board of Agriculture. (Signed, C. J. CAMPBELL. We reserve the right to offer amendments to section 8. (Signed) H. C. STUART, HENRY FAIRFAX, W. GORDON ROBERTSON, 16 OTWAY S. ALLEN. Digitized by Google O OOmOTTES BBPOBT8. Section 1. There shall be a Board of Agriculture and 2 Immigration, composed of one member from each Con- 8 gressional district in the State, who shall be appointed by 4 the Gk>yernor, subject to the confirmation of the Senate, for 5 a term of four years, except that the members first ap- 6 pointed, after the adoption of this' ConstitutioTn, from the 7 odd-numbered Congressional districts, shall hold office for 8 two years. 9 The rector of the Board of Visitors and the president of 10 the Virginia Polytechnic Institute shall be members ex^ffieio 11 of the Board of Agriculture and Immigration. 12 The General Assembly may, in its discretion, add other 13 members ex-officio to the said board. 14 The powers and duties of the said board shall be such as 15 may be prescribed by law : provided, it shall maintain its 16 principal office at the capital of the State, and shall elect, 17 and have power to remove, its officers, among them a Com- 18 missioner of Agriculture and Immigration, whose term of 19 office shall be four years. 20 The president of the board and the Commissioner of 21 Agriculture and Immigration shall be members ex-officio of 22 the Board of Visitors of the Virginia Polytechnic Institute. Sec. 2. No license, tax, nor charge of any kind what- 2 ever, shall be assessed against or collected of any producer 3 of farm products, for the right to sell in any part of the 4 State the products which he has raised. Sec. 3. Counties, cities, and towns shall have the power 2 to exempt from local taxation, for a period of not more than 3 five years, manufacturing enterprises to be established 4 therein : provided, there is no other enterprise of a like 5 nature already established in such county, city, or town 6 that is not exempt from local taxation. Digitized by Google REPORT OF THE MINORITY OF THE COMMITTEE ON CORPORATIONS. To the President and Members of the Constitutional Convention : We are unable to concur, in many particulars, with the re- port of the majority of the Committee on Corporations. In our opinion it was never more important in the public interest than at this time, that Virginia should preserve and perpetuate her traditions of conservatism and justice in the treatment of invested capital. Our people are without large means. Our resources for the most part consist of our labor, our intelligence, and our unde- veloped natural resources. It is essential that our labor and the intelligence of our people should find employment and op- portunity at home, and that capital should be available for the development of our natural resources. None of these things can be accomplished unless capital is brought into the State, and capital will never come into the midst of a hostile senti- ment, or where it cannot feel safe in the spirit and sense of jus- tice of the people. It seems, therefore, to us, that it is essen- tial for the Constitution of Virginia, while safeguarding in every proper and necessary way, the rights of the people, to hold out to the world a guarantee that capital invested in the State shall be respected and protected. This can only be done by establishing towards it an attitude of wise and just conserva- tism. Incur opinion the report of. the majority departs widely from these principles. It asserts over transportation and transmission corporations (embracing all railroads, steamship, telegraph, and telephone companies) , powers adequate to their complete destruction. In sub-section •' B" of section 4 of the article reported by the majority, not only is the power conferred, but the absolute duty is imposed, upon the corporation commission to regulate and c vantages in any respect whatsoever. Every common car- rier, subject to the provisions of this article, shall, accord- ing to their respective powers, aflford all reasonable, proper, and equal facilities for the interchange of traffic, messages, or communications between their respective lines, and for the receiving, forwarding, and delivering of passengers and property, or messages or communications, to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines ; but this shall not be construed as requir- ing such common carrier to give the use of its tracks, lines, or terminal facilities to another carrier engaged in like business. Sec. 6. It shall be unlawful for any common carrier, subject to the provisions of this article, to charge or receive any greater compensation in the aggregate for the transpor- tation of passengers or of a like kind of property, or for the transmission of messages or communications, under substantially similar circumstances and conditions of com- petition, cost of service, or otherwise, for a shorter than for a longer distance over the same line in the same direction ; but this shall not be construed as authorizing any common carrier within the terms of this article to charge or receive as great compensation for a shorter as for a longer distance : provided, however, that upon application to the commis- sion chosen under the provisions of this article, such com- mon carrier may, in special cases after investigation by the commission, be authorized to charge less for a longer than for a shorter distance for the transportation of passengers or property, or for the transmission of messages or commu- nications ; and the commission may, from time to time, prescribe the extent to which such designated common car- rier may be relieved from the operation of this section of this article. Sec. 7. There is hereby created a commission to consist of three members, which shall be known as the '* State cor- poration commission." The members of the said commis- sion shall be appointed by the Governor, subject to confir- mation by the General Assembly in joint session, and their regular terms of office shall be six years respectively, except Digitized by Google 8 oomnTTBs bbpobts. 7 as to those first appointed under this Constitution, of whom 8 one shall hold office until the first day of 19(fi; 9 one until the first day of 1907, and one until 10 the first day of 1909. Whenever a vacancy 11 shall occur in the said commission, the Governor sball 12 forthwith appoint a qualified person to fill the same for Ibe 13 unexpired term, subject to confirmation by the General 14 Assembly. At least one member of the said commissioa 15 shall have the same qualifications prescribed for memben 16 of the Supreme Court of Appeals, and no person emplojed 17 by, or holding any office in relation to any transportation m 18 transmission company, sball hold office as such commit 19 sioner, or perform any of the duties thereof. Any of thi 20 members of the said commission may be impeached, or re 21 moved from office, in the same manner provided forth 22 impeachment or removal of judges of the Supreme Court o 23 Appeals. It shall be the duty of the said commission t 24 make examination of the physical condition of the proper^ 25 of all common carriers, subject to the provisions of thi 26 article ; to keep informed as to their condition and as t 27 the manner of their operation with reference to the secnrit 28 and accommodation of the public, and as to their compl 29 ance with their charters and the laws of this Commoi 30 wealth ; to require such corporations to furnish informatio 31 concerning the condition, management and operation < 32 their roads and lines, and their rates and charges for trani 33 portation and transmission ; to examine the books and ai 34 counts of such corporations and to see that they are kept i 35 a uniform manner upon a system to be prescribed by tfc 36 board ; to examine the books and financial conditions of sue 37 corporation, and to cause the result of such examinations 1 38 be published if, in their judgment, the interest of the publi 39 requires ; to have access to the list of stockholders ; to sun 40 mon witnesses in investigations, administer oaths, andtiJ 41 testimony ; to require such corpor-ations to make annual p 42 ports to the board and to prescribe the form of sue 43 report ; to prepare tables and abstracts of such returns \ 44 be transmitted with its annual report to the Greneral A 45 sembly ; to receive complaints of unjust charges or undt 46 discriminations, and of any violation by any common ca 47 rier, subject to the provisions of this article, of the lavsi 48 this Commonwealth, or of its duties to the public; to u 49 vestigate such complaints, and in the event in the opinic 50 of said board such complaints are well founded^ to presB) 51 the facts to the Attorney-Oeneral, who shall, at theooel^ 52 the Commonwealth, take proceedings in the courts und< 53 such regulations as may be prescribed by law, or as a Digitized by Google OOMMTTTEB BBPOBTB. 9 hereinafter provided^ to have such complaints remedied ; but the investigation of such complaints by said board, and the subsequent proceedings thereon by the Attorney-General, shall be subject to the provisions hereinafter prescribed. Sec. 8. Whenever, upon complaint to said board, or from their knowledge, and after the board has given the common carrier complained of reasonable notice and opportunity to be heard, and has fully investigated the complaint, it shall appear to said board that any common carrier doing busi- ness in this State has failed or neglected in any respect to comply with the provisions of this article, or any of the laws of this Commonwealth, relating to the transportation of freight and passengers, or the transmission of messages or communications by common carriers, especially in regard to connections with other railroads or lines, rates of charges, and time schedules, the said board, shall, in writing, request said common carrier or person operating the same to correct the cause of complaint. If, after ten days, said company fails or refuses, the said board shall report the cause of complaint to the Attorney-General of this State, who shall, in the name of the Commonwealth, proceed to have all matters or cause of complaint adjusted before the circuit court, or the judge thereof in vacation, of the county or city wherein the cause of complaint arose, having first given the said common carrier or person operating the company ten days' notice, which notice shall contain the cause of com- plaint. The cause shall be heard by the said circuit court, or the judge thereof in vacation, on said notice, and no other pleading shall be required. The said court or judge, if the decision is in favor of the Commonwealth, shall, by mandatory or restraing order, prevent the common carrier or person complained of from further continuing to violate the law, and the costs thereof shall be paid by the common carrier or person complained of. An appeal, irrespective of the amount involved, shall lie at the instance of either party from the decision of the said circuit court, or the judge thereof iu vacation, to the Supreme Court of Appeals of this State, under such rules and regulations as may be pre- scribed by law. Sec. 9. It shall be the duty of the Commonwealth's at- torney of any county or city in which proceedings are insti- tuted under this act, under the supervision and control of the Attorney-General, to represent the State, and such pro- ceedings shall have precedence over all civil cases on the docket. Digitized by Google 10 COMMITTEE REPORTS. Sec. 10. The General Assembly shall pass all necessai]^ 2 laws to carry the provisions of this article into effect, and 3 may, from time to time, add to the powers and duties of th^ 4 board hereby appointed as public interest may require. Digitized by Google REPORT OF THE COMMITTEE ON THE ORGANIZATION AND GOVERNMENT OF CITIES AND TOWNS, AS AMENDED BY THE COMMIT- TEE OF THE WHOLE. The committee of the whole Convention, to whom was re- ferred the report of the Committee on the Organization and Government of Cities and Towns, have, according to order, had the same under consideration, and beg leave to report the same to the Convention as amended by the said committee : AmendmentB made in Oommittee of the Whole : Omit matter embraced a braeketB [ ] and insert parts printed in italics. ARTICLE. Section 1. [As used in this article the words ** incorpo- 2 rated communities/' shall be construed to relate only to 3 cities and towns.] All incorporated communities, having 4 -within defined boundaries a population of five thousand or 5 more, shall be known as cities ; and all incorporated com- 6 munities, having within defined boundaries a population of 7 less than five thousand, shall be known as towns. In de- 5 termining the population of such cities and towns the gen- d eral assembly shall be governed by the last preceding Fed- ) eral census, or such other enumeration as may be made by L authority of the general assembly : provided, that nothing i contained in this section shall be held to repeal the charters i of any incorporated community of less than five thousand [ inhabitants having a city charter at the time of the adop- * tion of this Constitution, nor to prevent the abolition by such ^ ^'incorporated communities^^ of the corporation or hustings cotirUt thereof in the manner prescribed in article 6 of this Constitution. Sec. 2. General laws for the organization and govern- ment of cities and towns shall be passed by the general £tssembly in the manner prescribed by this Constitution, and no special act shall be passed in relation thereto, except in ea^es where, in the judgment of the general assembly, the Digitized by Google 2 OOMHITTSB -taSPOUtB. 6 object of the act cannot be attained by general laws, aod 7 then only by a recorded vote of two-thirds of the memben 8 elected to each house of the general assembly. But tack cj 9 ttie cities and towns of the Commonwealth having at the time of 10 the adoption of this Constitution a municipal charter may r^ 11 spectively retain the same, until they shall be respectively repeald 12 or amended by the general assembly : provided, however, tiud 13 ea^h of such charters is hereby am^ended as to all the provismit 14 restrictions , limitations and powers set forth in each ofthenh- 15 sequent sections of this article, or otherwise provided in tkiic&Ur 16 stitviion. Sec. 3. . Sec. 4. In each city which has a court in whose office 2 deeds are admitted to record there shall be elected by th< 3 qualified electors of such city a clerk of said court, wl« 4 shall hold his office for a term of eight years, and perforo 6 such other duties as may be required by law. 6 There shall be elected in a like manner and for a liki 7 term all such additional cljBrks of courts for cities as th 8 general assembly may prescribe. But in no city of less tha^ 9 thirty thousand inhabitants shall there be more than one der 10 of the court who shaU be clerk of all the courts of record in ««« 11 city. Sec. 5. In every city [which] so long a« it shall haf 2 under the provisions of this Constitution a corporation o 3 hustings court, or a separate circuit court, there shall b 4 elected by the qualified electors of such city one Commoi 5 wealth's attorney who shall also, in those cities haTing 6 separate circuit court, be the Commonwealth's attorney fc 7 such circuit court, and who shall hold his office for a ten 8 of four years. 9 In every city there shall be elected or appointed in a mai 10 ner to be prescribed by law one commissioner of thereveam 11 whose duties and compensation shall be such as may t 12 prescribed by law, and who shall hold his office for a ten 13 of four years ; but should such commissioner of the rwenu€ \ 14 chosen by election by the people, then he shaU be ineligible forn 15 election to the office for the next succeeding term. Sec. 6. In every city there shall be elected by the qaal 2 fied electors thereof one city treasurer, who shall serye fl 3 a term of four years, but who shall not be elected nor setl 4 for more than two consecutive terms, nor act as deputy fi 5 his immediate successor. 6 One city sergeant who shall hold his office for a term i 7 four years, and whose duties shall be as prescribed bytei 8 A mayor who shall hold his office for a term erf fci 9 years, who shall be the chief executive officer of sudicttj Digitized by Google COMMITTBB EB]POBTS. S I and who shall see that the duties of the various police and . city officers, whether elected or appointed, in and for such ! city in pursuance of this Constitution or the general laws, ( are faithfully performed. He shall have power to investi- l 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 I shall also have power to suspend or remove such officers.] I He shall also have power to suspend such officers and police ^ and I to remove such officers, and also such police when authorized by [ the general assembly, for misconduct in office or neglect of ! duty, to be specified in the order of suspension or removal ; t but no such removal shall be made without reasonable I notice to the officer complained of, and an opportunity > afiForded him to be heard in person, or by counsel, and to I present testimony in his defense. From such order of sus- ' pension or removal, the officer so suspended or removed, ! shall have an appeal of right to the corporation or hustings > court, or to the circuit court of such city, in which court > the case shall be heard de novo by the judge thereof, whose 1 decision shall be final. He shall have all other powers and ! duties which may be conferred and imposed upon him by I the general laws. Sec. 7. There shall be in every city a city council, com- 1 posed of two branches having a different number of mem- l bers, whose powers and terms of office shall be prescribed [ by law, and whose members shall be elected by the qualified i electors of such city, in the manner prescribed by law, but » so as to give as far as practicable, to each ward or similar ' sub-division of such city, equal representation in each \ branch of said council in proportion to the population of ^ such ward or similar sub-division. [The less numerous ^ branch of the said council shall be composed of free-holders . who shall own a free-hold estate in real estate situated in ! said city of an assessed value of at least one thousand dol- I lars.] No member of such council shall be eligible during t the term of his office as said member, or for one year there- i after, to any office to be filled by such council by election or • appointment. The council of every city may, in a manner ' to be prescribed by law, increase or diminish the number, and I cJiange the boundaries of the wards or similar sub-divisions ' thereof, and shall, in the year 1903, and in every tenth year ' thereafter, and also whenever the boundaries of such wards or other sub-divisions are changed, re-apportion the representation ; in the council among the wards or similar sub-divisions [in proportion to their population on the basis of the last pre- Digitized by Google 4 OOMKITTEE BXPOBT8. 24 ceding United States census ;] in a manner to be prescribed by 25 law, and whenever the council of any such ciuy shall fail to 26 perform the duty [in that respect herein] so prescribed, a 27 mandamus shall lie on behalf of any citizen of such city to 28 compel its performance. Sec. 8. The mayors and councils of cities shall be elected 2 on the fourth Thursday in May, and their terms of office 3 shall begin on the first daj of July succeeding. All other 4 elective officers, provided for by this article, shall be elected 5 on the Tuesday succeeding the first Monday in November, 6 and their terms of office shall begin on the first day of Jan- 7 uary succeeding : provided, however, that the general as- 8 sembly may change the time of the election of all of the 9 said officers, except that the election and the beginning of 10 the terms of mayors and councils of cities and towns shall 11 not be made by the general assembly to occur at the same 12 time with the election and beginning of the terms of office 13 of the other elective officers provided for by this Constitu- 14 tion. Sec. 9. Every joint resolution or ordinance which shall 2 have passed both branches of the city council, shall, before 3 it becomes operative, be presented to the mayor of said 4 city. If he approve he shall sign it, but if not, he shall re- 5 turn it with his objections in writing to the clerk, or other 6 recording officer, of that branch of the council in which it 7 shall have originated, which branch of said council shall 8 enter his objections at length on its journal and proceed to 9 reconsider it. If after such consideration two-thirds of all 10 the members elected thereto shall agree to pass the resolu- 11 tion or ordinance it shall be sent, together with the objec- 12 tions, to the other branch of said council, by which it shall 13 likewise be considered, and if approved by two-thirds of aH 14 the members elected thereto, it shall become operative not- 15 withstanding the objections of the mayor. But in all such 16 cases the votes of both branches of the city council shall be 17 determined by yeas and nays, and the names of the mem- 18 bers voting for and against the said resolution or ordinance 19 shall be entered on the journal of each branch respectively, 20 If any resolution or ordinance shall not be returned by the 21 mayor within five days (Sunday excepted) , after it shall 22 have been presented to him, the same shall become opera- 23 tive in like manner as if he had signed it, unless his t^rm 24 of office, or that of the city council, or both, shall expire 25 within said five days. 26 The mayor shall have the power to veto any particular 27 item or items of an appropriation ordinance or resolution, but said veto shall not affect any item or items to which he Digitized by VjOOQIC 28 OOMMITTEB KBPOBTS. O 29 does not object. The item or items objected to shall not 30 take eflfect except in the manner provided in this section as 31 to joint resolutions or ordinances not approved by the mayor. Sec. 10. No street railway, gas, water, steam, or electric 2 heating, electric light or power, cold storage, compressed air, 3 viaduct, conduit, telephone or bridge company, nor any cor- 4 poration, association, person or partnership, engaged in 6 these or like enterprises, shall be permitted to use the streets, 6 alleys, or public grounds of a city or town without the pre- 7 vious consent of the corporate authorities of such city or 8 town. Sec. 11. The rights of [every] no city or town in and to 2 its water front, wharf property, public landings, wharves, 3 docks, streets, avenues, parks, bridges, and [all] other pub- 4 lie places, [are hereby declared inalienable] and its gas, 5 water, and electric works shall be sold, except by an ordinance 6 or joint resolution passed by a recorded three-fourths vote 7 of all the members elected to each branch of the council of 8 said cities, and under such other restrictions as may be imposed 9 by law, and in case of the veto by the mayor of such an 10 ordinance or joint resolution, it shall require a recorded 11 vote of three-fourths of all the members elected to each 12 branch of the council in the manner prescribed in section 9, 13 to pass the same over the veto ; and no franchise, lease or 14 right to use the same, either on, through, across, under, or 15 over, and no other franchise granted by a city or town 16 to any private corporation, association, firm or individ- 17 ual, shall be for a longer period than thirty years. 18 Such grant and any contract in pursuance thereof may, 19 in the discretion of the council and of the grantee of 20 said franchise, provide that upon the termination of the 21 grant the plant as well as the property, if any, of the 22 grantee in the streets, avenues, and other public places 23 shall thereupon, without further or other compensation to 24 the grantee, or upon the payment of a fair valuation there- 25 for, be and become the property of the said city or town ; 26 but the grantee shall be entitled to no payment by reason 27 of the value of the franchise, and any such plant and prop- 28 erty acquired by a city or town may be maintained, con- 29 trolled and operated or sold or leased by such city or town. 30 Every such grant shall specify the mode of determining 31 any valuation therein provided for, and shall make adequate 32 provision by way of forfeiture of the grant, or otherwise, to 33 secure eifficiency of public service at reasonable rates, and J4 the maintenance of the property in good order throughout J5 the term of the grant. Nothing herein contained shall be con- t6 strucdas preventing the general assembly from prescribing addi- 7 Digitized by Google 6 ooionrrxB bxpobtb. 37 tional restrictiom on the powers of cities and tovms in graniing 38 franchises or in selling or leasing any of its property ^ nor as 39 repealing any additional restriction now required inrelaium 40 thereto in any existing municipal charter. Sec. 12. The general assembly shall provide by general 2 laws, equally applicable to all cities and towns, for the ex- 3 tension and the contraction, from time to time, as occasion 4 may arise, of the corporate limits of all cities and towns; 5 and no special act for such purposes shall be valid. Sec. 13. No city or town shall issue any bonds or other 2 interest bearing obligations for any purpose, or in any man- 3 ner, to an amount which, including existing indebtedness, 4 shall, at any time, exceed eighteen per centum of the assessed 6 valuation of the real estate in said city subject to taxation, as 6 shown by the last preceding assessment for State taxes: 7 provided, however, that nothing above contained in this 8 section shall apply to those cities and towns whose charters 9 existing at the adoption of this Constitution authorize a 10 larger percentage of indebtedness than is authorized by this 11 section ; and provided further, that in determining the limi- 12 tation of a city's or town's power to incur indebtedness 13 there shall not be included the following classes of indebted- 14 ness : 16 (a.) Certificates of indebtedness, revenue bonds, or 16 other obligations issued in anticipation of the collection of 17 the revenue of such city or town for the then current year : 18 provided, such certificates, revenue bonds, or other obliga- 19 tions mature within one year from the date of their issae, 20 and be not past due, and do not exceed the revenue for sach 21 year. 22 (b.) Bonds authorized by the affirmative vote of two- 23 thirds of the members of the council, approved by tiie 24 mayor, and approved by the affirmative vote of the majority 25 of the qualified voters of the city voting upon the question 26 of their issuance, at the next ensuing election, or at a 27 special election held for that purpose, for a supply of wat^r 28 or other specific undertaking from which the city or town 29 may derive a revenue ; but from and after a period to be 30 determined by the council, not exceeding five years from 31 the date of such election, whenever and for so long as such 32 undertaking fails to produce sufficient revenue to pay for 33 cost of operation and administration (including interest on 34 bonds issued therefor, and the cost of insurance against loss 35 by fire, accidents and injuries to persons), and an annual 36 amount to be covered into a sinking fund sufficient to pay, 37 at or before maturity, all bonds issued on account of said 38 undertaking, all such bonds outstanding shall be included Digitized by VjOOQIC OOMldTTBB BBPOBTS. 7 39 in determining the limitation of the power to incur indebted- 40 ness, unless the principal and interest thereof be made 41 payable exclusively from the receipts of the undertaking. Sec. 14. In cities and towns the assessment of real 2 estate and personal property for the purpose of municipal 3 taxation, shall be the same as the assessment thereof for 4 the purpose of State taxes, Digitized by Google Digitized by Google REPORT OF THE COMMITTEE ON TAXATION AND FINANCE. To the Constitutional Convention : In presenting the result of its labors, the Committee on Taxa- tion and Finance, without undertaking at this time a detailed explanation, begs leave to call attention to some of the promi- nent features of the article which it recommends for adoption : 1 . Believing that under modern conditions the legislative branch of the Government should not be restricted by a prin- ciple of rigid uniformity and equality, the committee has, in the first section, embodied the classification principle which appears in the Constitutions of many of the States, and which, so far as the committee is advised, has operated justly and fairly. 2. At this date the propriety of taxing corporate franchises s not seriously contested, and ample authority to impose suchi taxes in an equitable manner is conferred by sections 1 and 3 and other sections of the article. 3. By section 2 the General Assembly is authorized, at such time as circumstances may justify, to segregate the several classes of property, subjecting some to State, and other to local taxation. This, when accomplished, may settle many difficult questions of equalization. 4. It has been thought proper, in response to a well-grounded demand, to definitely specify the property to be exempted from taxation. Reference to section 16 will show that this has been done accurately, justly, and in a spirit of liberality towards the religious, charitable, and educational institutions of the State. By this provision many and flagrant abuses, heretofore exist- ing, will be remedied. 4. A plan of taxation of railroad and canal corporations has been provided, to remain in force at least ten years. Under this plan, which reconciles diflfergent views, and which is in- tended to remove for a time the uncertainty which would other- wise injuriously affect the public as well as the corporations in question, there will be an immediate annual addition to the revenue of about $250,000, with the prospect of a steady, pro- gressive increase thereafter. except that the article speaks for itself, it would be deemed advisable to enumerate a variety of other changes that are hardly less important than those mentioned. Digitized by Google I COMMITTEE BBPOBT8. It has been suggested that the article should provide for a reduction of the present rate of taxation for State purpose- namely, 40 cents on the $100 — but the committee has declined to thus invade what it regards as the legitimate province of tie Greneral Assembly. The committee, however, desires to state with emphasis that the increased revenue provided by the ar- ticle now proposed, and the saving to be made in several direc- tions by the new Constitution, will enable the General Assembly to very materially reduce the tax rate and lighten the burdens which rest upon the mass of the people. ARTICLE. TAXATION AND FINANCE. Section 1. All property, except as hereinafter provided 2 shall be taxed ; all taxes whatsoever, whether State, local 3 or municipal, shall be uniform upon the same class of sub 4 jects within the territorial limits of the authority leTjinf 5 the tax. Sec. 2. Except as hereinafter provided, all assessments 2 of the value of real estate and tangible personal propertyi 3 shall be at their fair market value, to be ascertained as pre 4 scribed by law. The General Assembly may allow a lowe: 5 rate of taxation to be imposed for a period of years by acit] 6 or town upon such land as may be added to or taken intt 7 the corporate limits of such city or town. Nothing in thi 8 Constitution shall prevent the General Assembly, in its dis 9 cretion at any time after the 1st day of January, 1913, fron 10 segregating for the purposes of taxation, the severalkindi II or classes of property so as to specify and determine upoi 12 what subjects State taxes, and upon what subjects loca 13 taxes may be levied. Sec. 3. The General Assembly may levy a tax on in 2 comes in excess of six hundred dollars per annum ; an( 3 may levy a license tax upon any business which cannot h 4 reached by the ad valorem system ; and may impose franchia 5 taxes, and in imposing a franchise tax may make the same 6 in lieu of taxes upon other property, in whole or in part, o 7 a transportation, industrial or commercial corporation. And 8 whenever a franchise tax shall be imposed upon a corpora 9 tion doing business in this State, or whenever thecapitol 10 however invested, of a corporation chartered under ^ 11 laws of this State, shall be taxed, the shares of stock ii 12 any such corporation, the same representing the business OJ 13 capital so taxed, shall not be further taxed. No oily « 14 town sh^U impose any tax or assessment upon tbx^ Digitized by Google OOMMITTEB BSPOBT8. o 15 land owners for street or other public local improyements, 16 except for making and improving the walkways upon then 17 existing streets, and for construction of sewers; and the 18 same, when imposed, shall not be in excess of the peculiar 19 benefits resulting therefrom to such abutting land owners. 20 Except in cities and towns, no such taxes or assessments 21 for local public improvements shall be imposed. Sec. 4. The General Assembly shall provide for a re- 2 assessment of real estate in the year 1905, and every fifth 3 year thereafter ; and such real estate shall be assessed st its 4 fair market value. Sec. 5. The General Assembly shall provide by law for 2 the special and separate assessment of all coal and other 3 mineral land at its fair market value ; but until such special 5 assessment is made, such land shall be assessed under 6 existing laws. Sec. 6. The General Assembly shall levy a State capi- 2 tation tax of , and not exceeding, one dollar and fifty cents per 3 annum on every male resident of*this State not less than 4 twenty-one years of age, except pensioners of this State for 5 military services ; one dollar of which shall be applied ex- 6 clusively in aid of the public free schools in proportion to 7 the school population, and the remaining fifty cents of 8 which shall be returned and paid by the State into the 9 treasury of the county or city in which it was collected, to 10 be appropriated by the proper county or city authorities ot 11 such county or city purposes as they shall respectively de- 12 termine; but said capitation tax shall not be a lien upon, 13 nor collected by legal process from, the personal property 14 whicn may be exempt from levy or distress under the poor 15 debtor's law. Sec. 7. After this Constitution shall be in force, no 2 statute of limitation shall run against any claim of the 3 State for taxes upon any property : nor shall the failure to 4 assess property for taxation defeat a subsequent assessment 5 for and collection of taxes for any preceding year or years, 6 unless such property shall have passed to an innocent bona 7 fide purchaser for value. Sec. 8. The natural oyster beds, rocks and shoals in the 2 waters of this State, as at any time defined by law, shall 3 not be leased, rented or sold, but shall be held in trust for 4 the benefit of the people of this State, subject to such regu- 5 lations and restrictions as the Greneral Assembly may pre- 6 scribe. Sec. 9. The board of public works shall annually ascer- 2 tain and assess, at the time hereinafter mentioned and in 3 the manner now authorized by law, the value of the road- L Digitized by Google 4 OOMMITTEB BBP0BT8. 4 bed, and other real estate, rolling stock, and other 5 tangible personal property, in this State, of each railway 6 corporation, by whatever power operated ; the canal bed 7 and other real estate, the boats and other tangible personal 8 property, in this State, of each canal corporation, em- 9 powered to conduct transportation ; and such property shall 10 be taxed by the State and by the county, city and town 11 authorities in the same manner as now authorized by law, 12 at such rates of taxation as may be imposed by them, ^^ 13 spectively, from time to time upon the real estate and 14 tangible personal property of natural persons : provided. 15 however, that no tax shall be laid upon the net income of 16 such corporations. Sec. 10. Each such railway or canal corporation, in- 2 eluding also any such as is exempt from taxation as to its 3 works, visible property, or profits, shall also pay to the 4 State an annual State franchise tax equal to one per centum 5 upon the gross receipts hereinafter specified in section 11, 6 for the privilege of exercising its franchises in this State, 7 which, with the taxes provided for in section 9, shall be in 8 lieu oif all taxes or license charges whatsoever upon the 9 franchises of such corporation, the shares of stock issued 10 by it, and upon its property assessed under section 9: pro- 11 vided, that nothing herein contained shall exempt such cor- 12 poration from assessments for street and other public IocaI 13 improvements authorized by section 3 ; but nothing herein 14 contained shall annul or interfere with any contract oi 15 agreement by ordinance between street railway corporations 16 and municipalities, as to compensation for the use of the 17 streets or alleys of such municipalities by such railway cor- 18 porations. Sec. 11. The amount of such franchise tax shall be equal 2 to one per centum of the gross transportation receipts of 3 such corporations for the year ending June 30tb of e^ich 4 year, to be ascertained by the Board of Public Works in 5 the following manner : 6 (a) When the road or canal of the corporation IW 7 wholly within this State, the tax shall be equal to onepe^ 8 centum of the entire gross transportation receipts of sucl| 9 corporation. J 10 (b) When the road or canal of the corporation lies partfl 11 within and partly without this State, or is operated as J 12 part of a line or system extending beyond this State, tl 13 tax shall be equal to one per centum of the gross transp4 14 tation receipts earned within this State, to be ascertained I 15 follows : By ascertaining the average gross transportati^ 16 receipts per mile over its whole extent within and withoi Digitized by Google OOMMITTEE BEPOBTB. 6 17 this State, and multiplying the result by the number of miles 18 operated within this State : provided, that from the sum so 19 ascertained there may be deducted a reasonable sum because 20 of any excess of value of the terminal facilities or other 21 similar advantages situated in other States over similar 22 facilities or advantages situated in this State. Sec. 12. Each corporation, mentioned in section nine, 2 shall annually, on the first day of September, make to the 3 board of public works the report which the existing law re- 4 quires to be made annually to such board by every railroad 5 and canal company in this State, not exempt from taxation 6 by virtue of its charter, except that the report shall show 7 what property in this State belonged to the corporation on 8 the 30th day of June preceding, and its total gross trans- 9 portation receipts for the year ending on that date. Upon 10 receiving such report the board of public works shall, after 11 thirty days' notice previously given, as provided by said 12 law, assess the value of the property of the corporation, if 13 not exempt by its charter from taxation, and ascertain the 14 amount of the franchise tax and other taxes chargeable 15 against it. All taxes for which the corporation shall be lia- 16 ble shall be paid on or before the first day of December fol- 17 lowing. The provisions of said existing law, except as 18 changed by this article, shall apply, to the ascertainment 19 and collection of the franchise, as well as other taxes of 20 such corporations. Said taxes, until paid, shall be a lien 21 upon the property within this State of the corporation owing 22 the same, and take precedence of all other liens or incum- 23 brances. Sec. 13. Any corporation aggrieved by the assessment 2 and ascertainment made under section 12 may, within 3 thirty days after receiving a certified copy thereof, apply 4 for relief to the circuit court of the city of Richmond. No- 5 tice of the application, setting forth the grounds of com- 6 plaint, and verified by afl5davit, shall be served on the board 7 of public works, and on the Attorney-General, whose duty 8 it shall be to represent the Commonwealth. If the court be 9 of the opinion that the assessment or tax is excessive, it 10 shall reduce the same ; but if of opinion that it is insuflB- 11 cient, it shall increase the same. Unless the applicant paid 12 the taxes under protest, when due, the court, if the decision 13 is wholly adverse to the applicant, shall give judgment 14 against it for a sum, by way of damages, equal to interest at 15 the rate of one per centum per month upon the amount of 16 taxes from the time the same was payable. If the decision 17 is in favor of the applicant, in whole or in part, appropriate 18 relief shall be granted, including the right to recover any Digitized by Google 6 OOMMTTTEB BEPOBTB. 19 excess of taxes that may have been paid, with legal intensi 20 thereon I and costs, from the State or local authorities, or 21 both, as the case may be ; the judgment to be enforciblebj 22 mandamus or other proper process issuing from the court 23 finally adjudicating the application. Subject to proyiskms 24 of article— of this Constitution, the Supreme Court of Ap- 25 peals may allow a writ of error to either party. Sec. 14. After January 1, 190:^, the system of taxation 2 in this State, as to the corporations mentioned in sections 3 nine and ten, shall be as set forth in sections ninetothir- 4 teen, inclusive : and for that year the franchise tax shall be 6 based upon such gross receipts for the year ending June 6 30, 1903, and such system shall so remain until the Ist day of 7 January, 1913, after which date it shall continue until modi- 8 fied or changed, as may be prescribed by law. Sec. 15. Until otherwise prescribed by law, trust or se- 2 curity companies chartered by this State, and incorporated 3 banks, shall be taxed in the same manner in which incor- 4 porated banks are now taxed : provided, that from the total 5 assessed value of the shares of stock of any such company 6 or bank, there shall be deducted the assessed value of its 7 real estate otherwise taxed in Virginia, and the value of 8 each share of stock shall be its proportion of the remainder. Sec. 16. Except as otherwise provided in this Constitu- 2 tion, the following, and no other property shall be exempt 3 from taxation, State and local : 4 (a) Property directly or indirectly owned by the State, 5 however held, and property lawfully owned and held by 6 counties, cities, towns, or school districts, used wholly and 7 exclusively for county, city, town or public school purposes. 8 (b) Buildings with the land they actually occupy, and 9 the furniture and furnishings therein lawfully owned and 10 held by churches or religious bodies, and wholly andei- 11 clusively used for religious worship, together with such 12 additional adjacent land as may be reasonably necessary for 13 the convenient use of such buildings for public worship. 14 (c) Private family burying grounds not exceeding one 15 acre in area, reserved as such by will or deed, or shown by 16 other suflBcient evidence to be reserved as such, and so ex- 17 clusively used, and public burying grounds and lots therein 18 so appropriated and exclusively used and not conducted for 19 profit, whether owned or managed by local authorities (ff 20 by private corporations. 21 (d) Buildings with the land they actually occupy 4^ 22 the furniture, furnishings, books and instruments therein 23 belonging to and used by public libraries not conducted fof 24 profit, or belonging to churches or to incorporated collar Digitized by Google OOMMITTEE BEP0BT8. / 25 academies, seminaries and other incorporated institutions of 26 learning, including the Virginia Historical Society, and 27 which are wholly devoted to educational uses, and which 28 are not corporations having shares of stock or otherwise 29 owned by individuals or other corporations, and which are 30 not conducted* for the profit of any person or persons, 31 natural or corporate, directly, or under any guise or pre- 32 tense whatsoever, together with such additional adjacent 33 land owned by such libraries and educational institutions as 34 may be reasonably necessary for the convenient use of such 36 institutions, respectively, with the buildings thereon used 36 as residences by the officers or instructors of such educa- 37 tional institutions, and also the permanent endowment funds 38 held by such libraries and educational institutions directly 39 or in trust and not invested in real estate. 40 (e) Real and pereonal property belonging to and used 41 by Young Men's Christian Associations, orphan or other 42 asylums, hospitals and nunneries, which are not conducted 43 for profit, but purely and completely as charities. 44 (f) Buildings with the land they actually occupy, and 45 the furniture and furnishings therein, belonging to any 46 benevolent or charitable association and used exclusively 47 for lodge purposes or meeting rooms by such association, 48 together with such additional adjacent land as may be 49 necessary for the convenient use of the buildings for such 50 purposes ; and 51 (g) Property belonging to the Mt. Vernon Ladies' Asso- 52 elation of the Union. 53 No inheritance tax shall be charged, directly or indi- 54 rectly, against any legacy or devise which may be made 55 according to law and for the benefit of any institution or 56 other bodies, or any natural or corporate person whose 57 property is exempt from taxation as hereinbefore men- 58 tioned in this section. 69 Nothing contained in this section shall be construed to 60 exempt from taxation any person, firm, association or cor- 61 poration, or their property, who or which shall expressly 62 or impliedly, directly or indirectly, contract or promise to 63 pay any sum of money or other benefit on account of death, 64 sickness, or accideht to any of its members or any other 65 person, and whenever any building or land, or part or por- 66 tion thereof mentioned in this section and not belonging to 67 the State shall be leased or shall be the source of revenue 6S or profit, then all of such building and land shall be liable 69 to taxation as other land and buildings in the same county, 70 city or town. Sec. 17. No debt shall be contracted by this State ez- Digitized by Google 8 OOMMITTEB BBP0BT8. 2 cept to meet casual deficits in the revenue, to redeem a pre- 3 vious liability of the State, to suppress insurrection, repel 4 invasion, or defend the State in time of war. No scrip, cer- 5 tificate, or other evidence of State indebtedness, shall be 6 issued except for the transfer or redemption of stock pre- 7 viously issued, or for such debts as are expressly authorized 8 in this Constitution. Sec. 18. The credit of the State, or of any county, city, 2 or town, shall not be, directly or indirectly, under any de- 3 vice or pretense whatsoever, granted to or in aid of any per- 4 son, association, or corporation ; nor shall the State, or any 5 county, city, or town subscribe to or become interested in 6 the stock or obligations of any company, association, or cor- 7 poration, for the purpose ot aiding in the construction or 8 maintenance of its works ; nor shall the State become a party 9 to or become interested in any work of internal improTe- 10 ment, nor engaged in carrying on any such work ; nor as- 11 sume any indebtedness of any county, city, or town, nor 12 lend its credit to the same. Sec. 19. All taxes, licenses, and other revenue of the 2 State, shall be collected by its proper officers and paid into 3 the State treasury. No money shall be paid out of the State 4 treasury except in pursuance of appropriations made by 5 law ; and no appropriation shall be made for the payment 6 of any debt or obligation created in the name of the State 7 of Virginia during the war between the Confederate States 8 and the United States. Nor shall any county, city, or town, 9 pay any debt or obligation created by such county, city, or 10 town in aid of said war. Sec. 20. On the passage of every act which creates, con- 2 tinues, or revives a debt or charge, or makes, continues, or 3 revives any appropriation of public or trust money, or 4 property, or releases, discharges or commutes any claim or 5 demand of the State, the vote shall be determined by yeas 6 and nays, and the names of the persons voting for and 7 against the same, shall be entered on the journals of the re- 8 spective houses of the General Assembly, and a majority of 9 all the members elected to each house shall be necessary to 10 give it the force of a law. And every law which imposes, 11 continues, or revives a tax, shall be enacted in like manner, 12 and shall specifically state such tax ; and no law shall be 13 construed as stating such tax specifically, when it requires 14 a reference to any other law or any other tax. Sec. 21. The General Assembly of Virginia shall pro- 2 vide by law and maintain a sinking fund in accordance 3 with the provisions of section 10 of an act of the General 4 Assembly of Virginia, approved February 20, 1892, entided Digitized by Google OOMMITTEB KBPOBTS. 9 5 *' an act to provide for the settlement of the public debt of 6 Virginia not funded under the provisions of an act entitled 7 an act to ascertain and declare Virginia's equitable share of 8 the debt created before, and actually existing at the time of 9 the partition of her territory and resources, and to provide 10 for the issuance of bonds covering the same, and the regu- 11 lar and prompt payment of the interest thereon, approved 12 February 14, 1882." Every law hereafter enacted by the 13 General Assembly, creating a debt or authorizing a loan, 14 shall provide for the creation and maintenance of a sinking 15 fund for the payment or redemption of the same. Sec. 22. The General Assembly shall provide by law for 2 adjusting with the State of West Virginia the proportion of 3 of the public debt of Virginia proper to be borne by the 4 State of Virginia and West Virginia, and shall provide that 5 such sum as shall be received from West Virginia shall be 6 applied to the payment of the public debt of the State. Sec. 23. No other or greater amount of tax or revenue 2 shall, at any time, be levied than may be required for the 3 necessary expenses of the Government, or to pay the exist- 4 ing indebtedness of the State. HENRY FAIRFAX, JNO. THOMPSON BROWN, WM. H. BOAZ, H. C. STUART, GEO. B. KEEZELL, A. FLETCHER, JOSEPH STEBBINS, B. T. GORDON, JAMES MUNDY, C. V. MEREDITH, G. T. GARNETT, R. WALTON MOORE. I am unable to concur in the above report for the following reasons : First. I think the principle of taxation expressed in section 1 is thoroughly unsound and very dangerous, because it not only permits, but invites, partiality in taxation as between classes of property, both in the rates of taxation and in the assess ment of values. I think that the only true general principle of taxation is that its burdens shall be borne equally by all property in proportion to actual value. Second. I cannot approve the principle that the classes of Digitized by Google 10 OOMMITTBE BBPOBTS. property may be segregated so as to have distinct subjecte for State and local taxation, because I think the principle is inyari ably true, that those who impose taxes should be liable, in pro- portion to their property, to pay the same in order to guard against partial, arbitrary, and unequal taxation. Third. I cannot approve, as a correct principle in Constitu- tion making, the insertion of statutory provisions for the taxa- tion of selected subjects. But if the principles stated in this article are to be approied, I think it proper to say that the article is admirably drawn, and contains many valuable provisions well calculated to cor- rect injustices and remedy abuses heretofore existing. ALEXANDER HAMILTON. I concur in all of the above report save section 1, and that part of section 2 which gives the General Assembly power, after 1913, to segregate the subjects of State and local taxation. G. HATTON. ( Digitized by Google REPORT OF THE COMMITTEE ON PREAMBLE AND BILL OF RIGHTS, THE DIVISION OF GOVERNMENTAL POWERS AND ON SUCH PORTIONS OF THE CONSTITUTION AS SHALL NOT BE REFER- RED TO OTHER COMMITTEES. To the President and Members of the Convention : Your '* Committee on Preamble and Bill of Rights, the Di- vision of Governmental Powers and on such portions of the Constitution as shall not be referred to other committees," in discharge of the duties devolved upon it respectfully reports the following provisions, with the recommendation that they be embodied in the Constitution. In relation to the homestead exemptions, church property, the inheritance of property by descendants of former slaves, and future amendments to the Constitution, the clauses recom- mended differ in some respects from those of the existing Con- stitution ; but as such changes are of minor importance, and the reasons therefor apparent on their face, your committee deem it unnecessary to do more than call your attention thereto. In the matter of the sale of intoxicating liquors, your com- mittee begs leave to report that after full and patient hearings of many months, in which large opportunities of discussion were afforded both to the friends of the resolutions on the sub- ject, as well as to the opponents, and after earnest considera- tion of the arguments for and against the measure, it decided to report favorably the clause submitted and recommend its adoption into the fundamental law of the State. By this clause no license to sell intoxicating liquors in quantities of less than one gallon, or to be drunk at the place where sold, can be granted in any precinct of a town or county of the State, ex- cept upon the petition of a majority of the legal voters of such precinct, who voted in the last preceding election ; thus secur- Digitized by Google L OOICMITTEB BBPOBTS. ing neighborhood control of the retail liquor business in the towns and counties. The clause in no way deprives the Gen- eral Assembly of the right to continue the present local option and dispensary laws or to further extend the operation of such laws under local public control. The General Assembly may also, without restraint, provide any additional prerequisites to the granting of liquor licenses, which it may deem wise and prudent, its powers in these re- spects as well as the power to prescribe the mode and manner of exercising the right of petition being unlimited. The clause, as reported, does not in any way apply to the cities of the Commonwealth, because in the opinion of the ma- jority of your committee, owing to the different conditions of neighborhood life, residence, population and business, existing in cities, from those in the counties, it was not deemed abso- lutely safe to apply the principle to the cities, and because it was found still more difficult within the appropriate limits of a Constitutional provision to so safely prescribe other modifica- tions or limitations on the principle as to make its operation in cities certainly free from possible evils growing out of the di- vergent conditions above mentioned. The clause, therefore, so far as cities are concerned, leaves the whole power of control of the subject to the . General Assembly, which can hereaft-er ap- ply the same principle or any modifications thereof to the cities or not, as its wisdom may dictate. In view of the widespread interest which the discussion of the subject, and its consideration by the committee have excited in the State since the assembling of this Convention, and of the fact that it received but little or no public discussion prior thereto, in order to insure that this principle may not become a part of the Constitution against the wishes of the people who will be affected by it, and that the people may express their wishes on this subject unhampered by other provisions of the Con stitution or any other considerations of any kind, it is recom- mended that this clause be submitted separately to voters of the territory affected by its provisions, who may be qualified to vote under the new Constitution, either at the same time that the new Constitution is submitted for ratification, or at the first election held under its provisions. All resolutions and matters referred to your committee, other than those already reported, have received due and careful consideration, but without enumerating them your committee Digitized by Google COMMITTEE KEPORTS. 6 begs to report that it deemed them improper subjects and pro- visions for embodiment in a Constitution, and asks that the committee be discharged from further consideration of them. BERRYMAN GREEN, WILLIAM B. PETTIT,. HILL CARTER, JOHN S. BARBOUR, N. B. WESCOTT, D. Q. EGGLESTON,' GOODRICH HATTON, R. S. PARKS, P. W. CAMPBELL, B. J. EPES, A. L. PEDIGO. We dissent from so much of the foregoing report as is em- bodied in article , in relation to the sale of intoxicating liquors. WILLIAM B. PETTIT, HILL CARTER, R. S. PARKS, GOODRICH HATTON, N. B. WESCOTT. I reserve the right to offer amendments to the homestead provision. JOHN S. BARBOUR. 18 Digitized by Google COMMITTEE EXPORTS. ARTICLE MISCELLANEOUS PROVISIONS. HOMESTEAD AND OTHER EXEMPTIONS. Sec. 1. Every householder or head of a family shall be 2 entitled, in addition to the articles now exempt from levy 3 or distress for rent, to hold exempt from levy, seizure, gar- 4 nishment, or sale under any execution, order, or other pro- 5 cess issued on any demand for a debt contracted since the 6 26th day of June, 1870, his real and personal property, or 7 either, including money and debts due him, to the value of 8 not exceeding two thousand dollars, to be selected by him : 9 provided, that such exemptions shall not extend to any exe- 10 cution, order, or other process issued on any demand in the 11 following cases : 12 First. For the purchase price of said property, or any part 13 thereof. And if property purchased, and not paid for, be 14 exchanged for, or converted into, other property by the 15 debtor, such last named property shall not be exempted 16 from the payment of such unpaid purchase money under 17 the provisions of this article. 18 Second. For services rendered by a laboring person or 19 mechanic. 20 Third. For liabilities incurred by any public officer, or 21 officer of a court, or any fiduciary, or any attorney-atJaw. 22 for money collected. 23 Fourth. For a lawful claim for any taxes, levies, or as- 24 sessments accruing after the first day of June, 1866. 25 Fifth. For rent. 26 Sixth. For the legal or taxable fees of any public ofiicer 27 or officers of a court. Sec. 2. The said exemption shall not be claimed or held 2 in a shifting, stock of merchandise. Sec. 3. The General Assembly shall prescribe in what 2 manner and on what conditions the said householder or 3 head of a family shall set apart and hold for himself and 4 family a homestead out of any property hereby exempted, 5 and may, in its discretion, determine in what manner and 6 on what conditions he may hold, for the benefit of himself 7 and family, such personal property as he may have coming 8 within the exemption hereby made. But this section shall 9 not be construed as authorizing the General Assembly to de- Digitized by Google COMMITTEB RBP0BT8. 6 10 feat or impair the benefits intended to be conferred by the 11 provisions of this article. Sec. 4. Nothing in this article contained shall be con- 2 strued as invalidating any homestead exemption already 3 claimed under the provisions of the former Constitution, 4 but the same shall be hereafter held and disposed of under 5 the conditions and provisions of this article ; and the pro- 6 visions of this article shall be liberally construed. Sec. 5. The General Assembly is hereby prohibited from 2 passing any law staying the collection of debts, commonly 3 known as ''stay laws ;'' but this section shall not be con- 4 strued as prohibiting any legislation which the General Xs- 5 sembly may deem necessary to fully carry out the provis- 6 ions of this article. HEIRS OF PROPERTY. Sec. 7. The children of parents, one or both of whom 2 were slaves at and during the period of co-habitation, and 3 who were recognized by the father of his children, and 4 whose mother was recognized by such father as his wife, 6 and was co-habited with as such, shall be as capable of in- 6 heriting any estate whereof such father may have died 7 seized or possessed as though they had been born m lawful 8 wedlock. SALE OE INTOXICATING LIQUORS. Sec. 8. First. No intoxicating liquors shall be sold in 2 this State without a license therefor first obtained. 3 Second. No license to sell intoxicating liquors in quan- 4 titles of less than one gallon or to be drunk at the place 6 where sold shall be authorized or granted in any town or 6 county of this State for a period of more than twelve 7 months, nor without the written request of a majority in 8 number of the legally qualified and registered voters resi- 9 dent in the town, or in the precinct of the county wherein 10 such liquors are intended to be sold who actually voted in 11 the last preceding regular election in such town or in such 12 precinct. 13 Third. Nothing herein contained shall be construed as 14 in any way interfering with the local option or dispensary 15 laws existing in this State at the time of the adoption of 16 this Constitution or as preventing the Legislature from pre- 17 scribing additional requirements or from passing or author- 18 izing other restrictive laws, rules or regulations, touching lO the sale of intoxicating liquors in addition to the require- Digitized by Google 6 COMMITTEE REPORTS. 20 ments hereof, or from authorizing the sale of such hquors 21 under the direct supervision and control of local public 22 authorities. ARTICLE FUTURE CHANGES IN THE CONSTITUTION. Section 1 . Any amendment or amendments to the Con- 2 stitution may be proposed in the Senate and House of 3 Delegates, and if the same shall be agreed to by a majority 4 of the members elected to each of the two houses, suchpro- 5 posed amendment or amendments shall be entered on 6 their journals, with the ayes and noes taken thereon, and 7 referred to the General Assembly to be chosen at the next 8 general election of Senators and members of the House of 9 Delegates, and shall be published for three months previous 10 to the time of making such choice. And if in the General 11 Assembly so next chosen as aforesaid, such proposed amend- 12 ment or amendments shall be agreed to by a majority of all 13 the members elected to each house, then it shall be the duty 14 of the General Assembly to submit such proposed amend- 15 ment or amendments to the people, in such manner and at 16 such times as the General Assembly shall prescribe ; and if 17 the people shall approve and ratify such amendment or 18 amendments by a majority of the electors qualified to vote 19 for members of the General Assembly voting thereon* such 20 amendment or amendments shall become part of the Con- 21 stitution. Sec. 2. At such time as the General Assembly may by 2 law provide, the question, ** Shall there be a convention to 3 revise the Constitution and amend the same?" shall be de- 4 cided by the electors qualified to vote for members of the 5 General Assembly ; and in case a majority of the electors 6 so qualified, voting at such election, shall decide in favor of 7 a convention for such purpose, the General Assembly, at it5 8 next session, shall provide by law for the election of dele- 9 gates to such convention. Digitized by Google A SUBSTITUTE FOR THE REPORT OF THE COMMITTEE ON THE ELECTIVE FRANCHISE. ARTICLE. Every male citizen of the United States, at least 21 years 2 of age, who shall have been an actual resident of this State 3 for at least two years, of the county or city one year, and 4 of the precinct at which he shall offer to vote, at least thirty 5 days next preceding the election at which he shall offer to 6 vote, who is a person, 7 First. Who has at any time before the adoption of this 8 Constitution served in the army or navy of the United 9 States, or of the Confederate States, or of any State of the 10 United States, or was ever, prior to January 1, 1870, actu- 11 ally enlisted or enrolled in the militia of Virginia, or of the 12 United States, or of any State thereof, or who served therein, 13 or who paid any militia taxes, levies, or fines, in lieu of 14 such service, or, 15 Second. Who at any time prior to July 1, 1868, owned 16 a freehold estate in real estate in any State, territory, or 17 district within the United States, wherein he at any such 18 time resided, or who at any such time was a housekeeper 19 and head of a family within such a State, territory, or dis- 20 trict, and was assessed with a part of the revenue thereof 21 upon property owned by him and actually paid the same. 22 Third. Who is foreign born, or whose parents or grand- 23 parents, or either one of them, is, or was, foreign born, and 24 has become a naturalized citizen of the United States, or, 25 Fourth. Who is a direct, legitimate descendant of any 26 person embraced within either of 'the three foregoing alter- 27 natives ; and, 28 Fifth. Every such citizen as is first above mentioned, 29 not embraced in either of the four alternatives last above 30 mentioned ; who, or whose wife at the time when he reg- 31 isters, as well as at the time when he offers to vote, shall be 32 the bona fide beneficial owner of property assessed for taxa- J3 tion to the value of at least three hundred dollars, and no }4 other person shall be qualified to vote for members of the Digitized by Google ^ COMMITTEE RBP0BT8. 35 General Assembly, and all other officers required to be 36 elected by the people: provided, however, that no person 37 shall exercise the right of suffrage conferred as above who 38 shall not have had himself properly assessed with all poll- 39 taxes required to be assessed by this Constitution or by law, 40 and also with all taxes required to be assessed by law on 41 the minimum amount of property required hereby as apre- 42 requisite to the right to vote, when the right to vote is based 43 upon the property qualification alone, for the fiscal year in 44 which he offers to vote ; or who shall have failed to pay at 45 least six months before the election at which he shall ofifer 46 to vote, any portion of the taxes, either poll or property, 47 so required by law to be assessed against him or said prop- 48 erty, for the year next preceding the year in which he shall 49 offer to vote ; or who shall not have had himself properly 50 registered in the appropriate voting precinct as required 51 by law : provided, that no poll-tax shall be required as a 52 prerequisite to an exercise of the right of suffrage of any 53 ex-Confederate soldier, who is not assessed with property 54 worth three hundred dollars, or who is receiving any pen- 55 sion or stipend from the State of Virginia by reason of ser- 56 vice as a Confederate soldier, or who is the inmate of any 57 soldiers' home established for such soldiers ; and provided 58 further, that no officer, soldier, seaman, or marine of the 59 United States army or navy, nor any inmate of any soldiers' 60 home or other charitable institution, shall be considered a 61 resident of any county, city or town within this State by 62 reason of being stationed therein, or by reason of being an 63 inmate of any soldiers' home or other charitable institution 64 therein; and, provided further, that the following person?^ 65 shall be excluded from voting : 66 First. Idiots, lunatics and paupers. 67 Second. Persons convicted of bribery in any election, 68 embezzlement of public funds, treason, felony, petit lar- 69 ceny, or any infamous offence, or offence involving moral 70 turpitude. Digitized by Google ARTICLE CONCERNING THE ELECTIVE FRANCHISE AND QUALIFICATIONS FOR OFFICE. ARTICLE IV. ELECTIVE FRANCHISE AND QUALIFICATIONS FOR OFFICE. Section 1. Every male citizen of the United States, 2 twenty-one years old, shall be entitled to vote for members 3 of the General Assembly and all officers elected by the peo- 4 pie, subject to the following conditions : 5 First. He shall have been an actual resident of this 6 State two years, of the county one year, and of the precinct 7 in which he offers to vote thirty days, next preceding the 8 election • provided, that removal from one precinct to 9 another in the same county shall not deprive any person of 10 the right to vote in the precinct from which he has removed, 11 until thirty days after his removal ; and provided, that no 12 person shall be deemed to have gained a residence by rea- J3 son of his presence, or to have lost it by reason of his ab- 14 sence, while employed in the service of the State, or of the 15 United States, or while he is a student of any institution of 16 learning, or inmate of a charitable institution ; and provided, 17 that with respect to ministers in charge of organized churches and teachers of public schools, the period of resi- dence in the county shall be three months. Second. He shall have been duly registered in the man- ner prescribed by law. Third. He shall make application for registration in his 23 own handwriting, without assistance, in the presence of the 24 registrar of the precinct in which he resides, setting forth 25 the names and residence of his parents, his own name, age, 26 place and time of birth, his occupation, and place of resi- dence at the time and for twelve months before the time of his application : provided, that this sub-section shall not ap- ply to persons physically disabled ; nor to persons who are sixty years of age at the time of the adoption of this Con- stitution ; nor to persons who have served in the time of war in the army or navy of the United States, or of the Confederate States, or of any State of the United States; Digitized by Google I COMMITTEE EEPORTS. 34 nor to persons who shall have paid to the State taxes, for 35 the year preceding that in which he offers to vote, legally 36 assessed upon property owned by him of the assessed value 37 of one hundred dollars. 38 Fourth. After January 1, 1903, he shall himself bve 39 paid, six months before the election, the poll-tax prescribed 40 in this Constitution and legally assessed against him for the 41 two years next preceding that in which the election is held; 42 but the judge of the circuit court may, in his discretion, 43 exempt from the payment of this tax any person who is 44 deaf and dumb, or blind, or otherwise physically disabled: 45 and no person who has served in time of war in the armv 46 or navy of the United States, or of the Confederate States, 47 or of an}' State of the United States^ shall at any time be 48 required to pay a poll-tax as a prerequisite to voting. Sec. 2. The following persons shall not have the rigm 2 to vote : 3 First. Idiots and insane persons. 4 Second. Persons convicted of bribery in any election, 5 embezzlement of public funds, treason, felony, or petit 6 larceny. 7 Third. All persons who, while citizens of this State hare, 8 after the adoption of this Constitution, fought a duel with 9 a deadly weapon, either within or beyond the boundaries 10 of his State, or knowingly conveyed a challenge, or in any II manner aided in fighting a duel ; and all such persons shall 12 be prohibited from holding any oflBce provided for in this 13 Constitution. Sec. 3. The General Assembly shall, at its first session 2 after this Constituiion goes into effect, provide by law for 3 the registration of the qualified voters throughout the State. 4 All laws creating election boards, or providing for the ap- 5 pointment of judges of election, shall secure representation 6 of the two political parties, which at the general election 7 next preceding their creation or appointment cast the high- 8 est number of votes. Sec. 4. All popular elections shall be by ballot. During 2 all elections the ballot-box shall be kept in public view, and 3 it shall not be opened, nor the ballots canvassed or counted 4 in secret. Sec. 5. No voter during the time of holding any election 2 at which he is entitled to vote shall be compelled to perform 3 military service except in time of war or public danger to 4 work upon the public roads, or to attend any court as suitor. 6 juror, or witness ; nor shall any voter be subject to arrest 6 under any civil process during his attendance at any elee- 7 tion, or in going to or returning therefrom. Digitized by Google COMMITTEE REPORTS. 6 Sec. 6. Suitable remedies by appeal or otherwise shall 2 be provided by law to correct illegal or improper registra- 3 tion, and to secure the elective franchise to any person 4 who may be illegally or improperly denied the same. Sec. 7. Every voter may receive aid in preparing his 2 ballot from any person of his own selection to be rendered 3 in the presence of one of the judges of election, but not 4 more than five voters shall receive aid from the same person 5 at any election. Sec. 8. The treasurer of each county and city of the State 2 shall, at least five months before any election, file with the 3 clerk of the circuit or corporation court of his county or 4 city, a list, in alphabetical order, verified by his oath, of all 5 persons who have paid, not later than six months prior to 6 such election, the capitation tax of $1.50 for the year pre- 7 ceding that in which such election is held. 8 The clerk, within ten days from receipt thereof, shall 9 post in each voting precinct of his county or city a certified 10 copy of the voters of said precinct whose names have been 11 thus reported by the treasurer as having paid the capitation 12 tax ; and within thirty days after such notit^e has been 13 posted, any person who shall have paid the capitation tax, 14 but whose name is omitted from said certified list, may, 15 after five days' notice to the treasurer, apply to the judge of 16 the circuit or corporation court of his county or city to have 17 said list corrected and his name entered thereupon. 18 The clerk shall also, within sixty days after the filing of 19 said list by the treasurer, forward a certified copy thereof, 20 with such correction as may have been made by order of the 21 court, to the Auditor of Public Accounts, who shall charge 22 the amount stated in such return against such treasurer in 23 the settlement of his accounts except such part as may have 24 been previously accounted for. And a reasonable time 25 before such election, the clerk shall forward to the judges 26 of election of each precinct of his county or city, a like cer- 27 tified copy of the list of those in such precinct who have 28 paid the capitation tax for the previous year, which shall 29 be deemed conclusive evidence of that fact for the purposes SO of voting. Sec. 9. No person shall be eligible to any office provided 2 for in this Constitution who is not a citizen of this State 3 and a duly qualified voter thereof. Whenever any olBBcer 4 shall change his residence from this State, or from the dis- 5 trict, county or city in which he holds an office, the same 6 shall thereby become vacant, notwithstanding any declara- 7 tion of retention of domicile in the place from which he has 8 removed. Digitized by Google Digitized by Google SUPPLEMENTAL REPORT OF COMMITTEE ON EXECUTIVE DEPARTMENT, Etc. Section 13. A State Treasurer shall be elected by the 2 qualified voters of the State at the same time and for the 3 same term as the Governor. His powers and duties shall 4 be prescribed by law. Sec. 14. An Auditor of Public Accounts shall be elected 2 by the joint vote of the two Houses of the General Assembly 3 for the term of four years. His powers and duties shall be 4 prescribed by law. Sec. 15. The salary of each oflScer of the Executive De- 2 partment, except in those cases where the salary is deter- 3 mined by this Constitution, shall be fixed by law ; and the 4 salary of no such oflBcer shall be increased or diminished 5 during the term for which he shall have been elected or ap- 6 pointed. Sec. 16. The General Assembly shall provide by law for 2 the establishment and maintenance of an efficient system of 3 checks and balances between the oflBcers at the seat of gov- 4 ernment entrusted with the collection, receipt, custody, or 5 disbursement of the revenues of the State. Sec. 16. All State officers, and their deputies, assistants 2 or employees, charged with the collection, custody, handling 3 or disbursement of public funds, shall be required to give 4 bond for the faithful performance of such duties, the 5 amount of such bond in each case, and the naanner in which 6 security shall be furnished, to be specified and regulated by 7 law. Sec. 17. The General Assembly shall have power to es- 2 tablish and maintain a bureau of labor and statistics, under 3 such regulations as may be prescribed by law. Digitized by Google Digitized by Google REPORT OF THE COMMITTEE ON CORPORATIONS, AS AMENDED BY THE COxMMITTEE OF THE WHOLE. The committee of the whole Convention, to whom was re- ferred the report of the Committee on Corporations, have,, according to ordtsr, had the same under consideration, and beg leave to report the same to the Convention as amended by the said committee. Amendments made in Oommittea of the Whole : Omit matter embraced in brackets [ ] and insert parts printed in italics. Section 1. As used in this article, the term ** Corpora- 2 tion " or ** Company'' shall be construed to include all 3 trusts, associations and joint stock companies having any 4 powers or privileges not possessed by individuals or un« 5 limited partnerships, but to exclude all municipal corpora- 6 tions or public eleemosynary institutions, asylums or prisons 7 owned or controlled by the State ; the term ** charter '' shall * be constructed to mean the charter of incorporation by or 9 under which any such corporation is formed ; the term 10 *' transportation company'' shall be construed to include 11 any company, trustee or other person owning, leasing or 12 operating for hire a railroad, street railway, canal, steam- 13 boat or steamship line, and also any sleeping or parlor car 14 company, freight car company, car association or car trust, 15 express company, or company trustee or person in any way 16 engaged in business as a commoa carrier over a route ac- 17 quired in whole or in part under right of eminent domain ; 18 the term ^^ rate " shall be construed to mean '* rate of charges 19 for any service rendered or to he rendered ;^^ the terms *^ rate,^* 20 *' charge,' ' and ^'regulation '' shall include joint rates, joint 21 charges, and joint regulations, respectively ; the term ** trans- 22 mission company " shall be construed to mean any company 23 o'wning, leasing or operating for hire any telegraph or tele- 24 phone line ; the term *' freight " shall be construed to mean 25 any property transported, or received for transportation, by 26 any transportation company ; the term *' public service cor- 27 poration " shall be construed to include all transportation 28 and transmission companies, all gas, electric light, heat and Digitized by Google I COMMITTEE REPORTS. 29 power companies, and all companies authorized to exercise 30 the right of eminent domain, or to use or occupy any street, 31 alley or public highway in a manner not permitted to the 32 general public ; the term ** person " as used in this article 33 shall be construed to include individuals, partnerships, and 34 corporations, and to include the plural as well as singular 35 number; the term ** bond *' shall [include] 6e constructed to 36 mean all certificates or written evidence of indebtedness is- 37 sued by any corporation and secured by mortgage or trust 38 deed; the term ^' frank*' shall be constrtud to mean an^ 39 writing or token y issued by, or under authority of , a transmission 40 company f entitling the holder to any service from such company 41 free of charge. The provisions of this article shall always 42 be so restricted in their application as not to conflict with 43 any of the provisions of the Federal Constitution and just 44 as if the necessary limitations upon their interpretation 45 had been herein expressed in eacn case. Sec. 2. The creation of corporations and the extension 2 and amendment of charters (whether heretofore or here- 3 after granted) shall be provided for by general laws, uni- 4 form as to the class of corporations to which they relate, 5 and no charter shall be granted, amended or extended by 6 special act, nor shall authority in such matters be conferred 7 upon any tribunal or officer, authorized to grant, amend or 8 extend charters, further than to ascertain that the appli- 9 cants have, by complying with the requirements of the law. 10 entitled themselves to the charter, amendment or extension II applied for. Such general laws may be, from time to timet 12 amended or repealed by the General Assembly ; and all 13 charters or amendments of charters now existing and revo- 14 cable or hereafter granted or extended, shall be repealable 15 at any time by special act, at the pleasure of the General 16 Assembly. Provision shall be made by general laws, for 17 the voluntary surrender of its charter by any corporation, 18 and for the forfeiture of charters for non-user or mis-user. 19 The General Assembly shall not, by special act, regulate the 20 afi*airs of any corporation, nor by such act give it any special 21 rights or privileges. Sec. 3. There is hereby created a permanent commission, 2 to consist of three members, which shall be known as the 3 State corporation commission. The said commission sballj 4 be appointed by the Governor, subject to confirmation by 5 the General Assembly in joint session, and their regular 6 terms of office shall be six years, respectively, except as» 7 those first appointed under this Constitution, of whom one 8 shall hold office until the first day of Februarv, 1905, one 9 till the first day of February, 1907, and one till the first Digitized by Google j COMMITTEE REPORTS. O 10 day of February, 1909. The said commissioners first ap- 11 pointed shall, immediately after their appointment, forth- 12 with enter upon the duties of their office, and shall elect 13 one of their members chairman of the commission, which 14 position they shall annually refill by similar election. No 15 person appointed on said commission, either for a regular 16 terra, or to fill a vacancy, shall continue in office after the 17 General Assembly shall have refused to confirm hisappoint- 18 ment, nor after the General Assembly shall have adjourned 19 sine die, subsequent to his appointment without confirming 20 the same, nor shall he be eligible for re-appointment to fill 21 the vacancy caused by such failure or refusal to confirm. 22 Whenever a vacancy shall occur on the said commission, 23 the Governor shall forthwith appoint a qualified person to 24 fill the same for the unexpired term, subject to confirmation 25 by the General Assembly as aforesaid. No person employed 26 by, or holding any office in relation to, any transportation 27 or transmission company, or who is in any wise financially 28 interested therein, shall hold office as such commissioner, 29 or perform any of the duties thereof. At least one member 30 of said commission shall have the same qualifications pre- 31 scribed for members of the Supreme Court of Appeals, and 32 any of the members of the said commission may be im- 33 peached or removed in the same manner provided for the 34 impeachment or removal of members of the said court. 35 The said commission shall have one clerk and one bailiff, 36 and such other clerks, officers, assistants and subordinates 37 as may be provided by law, all of whom shall be appointed, 38 and subject to removal, by the said commission, and said 39 commission shall prescribe its own rules of order and pro- 40 cedure, except so far as the same are specified in this Constitu- 41 tion or any amendment thereof : as the business of the State cor- 42 poration commission may justify it, the General Assembly may, 43 from, time to time, establish in that department, and subject to 44 the supervision and control of the said commission , such subor- ns dinate bureaus of insurance, banking, or other special branches 46 of the business of the department, as, in the judgment of the 47 General Assembly, may be desirable and expedient. All ses- 48 sions of said commission shall be public, and a permanent 49 record shall be kept of all of its judgments, rules, orders, 50 findings, and decisions, and of all reports made to, or 51 by, it. Any two of said commissioners shall constitute 52 a quorum for the transaction of business, whether the 53 oflBce of the other commissioner be at the time vacant or 54 not. The office of the commission shall be open for busi- 55 ness on every day except Sundays and legal holidays. Trans- 56 portation companies hereafter doing business in this State Digitized by Google 4 COMMITTEE REPORTS. 57 shall at all times transport, free of charge, the members of 58 said commission and their officers, or any of them, when 59 engaged on their official duties. The General Assembly 60 shall provide suitable quarters for the said commission, funo^ 61 for its incidental expenses (including pay of witnesses sum- 62 moned, and costs of executing processes issued by the com- 63 mission of its own motion) , and salaries for its members, 64 clerks, assistants, and subordinates: provided, that the 65 salary of each commissioner shall not be less than [three] 66 four thousand dollars per annum. 67 After the first day of January, [1909] 1908, the General 68 Assembly may provide by law for the election of the said 69 commissioners by the people of the State at large, instead 70 of their appointment by the Governor as hereinbefore T^ 71 quired. Sec. 4. a. Subject to the provisions of this Constitution 2 and to such requirements, rules and regulations as maybe 3 prescribed by law, the State Corporation Commission shall 4 be the Department of Government through which shall be 5 issued all charters and amendments or extensions thereof, 6 for domestic corporations, and all licenses to do business 7 in this State, to foreign corporations; and through which 8 shall be carried out all the provisions of this Constitution 9 and of the laws made in pursuance thereof, for the visita- 10 tion, supervision, regulation and control of corporations 11 chartered by, or doing business in, this State. The said 12 commission shall prescribe the forms of all reports which 13 may be required of such corporations by this Constitution 14 or by law; it shall collect, receive, and preserve suchre- 15 ports, and annually tabulate and publish them in statist! 16 cal form ; it shall have all the rights and powers of, and 17 perform all the duties now devolving upon, the Railroad 18 Commissioner and the Board of Public Works, except so 19 far as they are inconsistent with this Constitution, or may 20 be hereafter abolished or changed by law. 21 b. The said commission shall have the power, and be 22 charged with the duty of supervising, regulating and con 23 trolling all transportation and transmission companies 24 doing business in this State, in all matters relating to the 25 performance of their public duties and of their charges 26 therefor, and of correcting abuses therein by such com- 27 panics ; and to that end the said commission shall, from 28 time to time, prescribe, and enforce against such com- 29 panics, in the manner hereinafter authorized, such rates 30 of charges, classification of traffic, and rules and regula- 31 tions, and shall require them to establish and mainlain alj 32 such public service, facilities and conveniences, as the said Digitized by Google COMMITTEE REPORTS. i> 33 commission may, within the limitations of the Constitu^ 34 tions of this State and of the United States, and subject to 35 review by the commission itself , and also on appeal as herein- 36 after provided y deem reasonable and just, which said rates, 37 charges y classifications, rules, regulations, and requirements 38 the said commission may, from time to time, alter or 39 amend, and all rates, charges, classifications, rules and 40 regulations adopted or acted upon by any such company, 41 and which are inconsistent with those prescribed by said 42 commission, within the scope of its authority, shall be un- 43 lawful and void. The said commission shall also have the 44 right at all times to inspect the books and papers of all 45 transportation and transmission companies doing business 46 in this State, and to require from such companies, from 47 time to time, special reports and statements under oath, 48 concerning their business ; it shall keep itself fully informed 49 of the physical condition of all the railroads of the State, 50 as to the manner in which they are operated, with refer- 51 ence to the security and accommodation of the public, and 52 shall, from time to time, make and enforce such require- 53 ments, rules, and regulations as may be necessary to pre- 5t vent unjust or unreasonable discriminations by any trans- 55 portation company against any person, locality, commu- 56 nity, connecting line, or kind of traffic, in the matter of 57 car service, train or boat schedule, or elBBciency of trans- 58 portation, or otherwise, in connection with the public duties 59 of such company. Before the said commission shall prescribe SO or fix any rate, charge, or classification of traffic, and before it 61 shall make any order, rule, regulation, or requirement directed 62 against any one or more companies by name, the company or 63 companies to be affected by such rate, charge, classification y 64 order, rule, regulation, or requirement, shall first be given by 65 the said commission at least ten days' notice of the time and 66 place, when and where the contemplated action of the commis- si sion in the premises will be considered and disposed of by the 68 said commissioii, and shall be afforded a reasonable opportunity 69 to introduce evidence, and to be heard thereon, to the end that 70 justice may be done, and shall have process to enforce the attend- 71 ance of witnesses ; and before the said commission shall adopt 72 or prescribe any general order, rule, regulation, or requirement 73 not directed against any specific company or companies by 74 name, the contemplated general order, rule, regulation, or re- 75 quirement shall first be published at length not less than once a 76 toeek for four consecutive weeks in one or more of the news- 77 papers of general circulation published in the city of Richmond, 78 Virginia, together with notice of the time and place, when and 79 ivhere the commission will hear any objections which may be 19 Digitized by Google 6 COMMITTEE REPORTS. 80 urgedj by any person interested, against the adoption of the 81 proposed order , rule, regulation, or requirement, and, after tk 82 adoption by the commission of any stick general order, njfc, 83 regulation, or requirement, the same shall be published, for tk 84 time and in the manner above specified, before it shall go info S5 effect, and shall also, as long as it remains in force, be pti6iiiW 86 in each subsequent annual report of the commission. The 87 authority of the said commission (subject to review oa 88 appeal as [hereinbefore] hereinafter provided) to prescribe S^ rates, [of] charges, and classification of traffic for trans- '90 portation and transmission companies, shall be paramount: 91 but its authority to prescribe any other rules, regulations, 92 and requirements for such companies shall be subject to 93 the superior authority of the General Assembly to legislate 94 thereon by general laws : [provided, however, that nothing 95 in this section shall impair the right of any city or town, 96 by its municipal authorities, to prescribe the rat^ of 97 charges to be observed by any public service corporation 98 for all services performed by it, under a municipal fran- 99 chise granted by such city or town, and within the limits 100 of the city or town granting the franchise :] provided, AaH-- 101 ever, that nothing in this section shall impair the right tvhich 102 has heretofore been, or may hereafter be, conferred by law tgxm 103 any city, town, or county to limit by its municipal or covnt^ 104 authorities, the rates of charges to be ob&erved by any puUU 105 service corporation for all services performed by it under muni- 106 cipal or county franchise granted by such city, town, or counlji 107 so far as such services may be wholly within the limitJi of /Ai 108 city, town, or county gi anting the franchise. Upon the re- 109 quest of the parties interested, it shall be the duty of th€ 110 said commission, as far as possible, to effect, by mediation 111 the adjustment of claims and the settlement of coDtro- 112 versies between transportation or transmission companies 13 and their patrons. 114 c. In all matters pertaining to the public visitation 115 regulation or control of corporations, and within the juris 116 diction of the said commission, it shall have the pow^ 117 and authority of a court of record, to administer oatht 118 compel the attendance of witnesses and the production ol 119 papers, to punish for contempt any person guilty of disrt 120 spectful or disorderly conduct in the presence of the sai 121 commission while in session ; and to enforce complianp 122 with an}^ of its orders or requirements, entered by it withil 123 the scope of its authority, by adjudging and enforcing, l^ 124 appropriate executive process, against the delinquent <« 125 offending company (after it shall have been first dul; 126 cited, proceeded against by due process of law before tb Digitized by Google COMMITTEE REPORTS. / 27 said commission sitting as a court, and afforded opportu- 28 nity to introduce evidence and to be heai:d, as well against 29 the validity, justness or reasonableness of the order or re- 30 quirement alleged to have been violated, as against the 31 liability of the company for the alleged violation) , such 32 fines or other penalties as ma}^ be prescribed or authorized 33 by this Constitution or by law. And the said commission 34 shall be vested with such additional powers, and charged 35 with such other duties, in connection with the visitation, 36 regulation or control of corporations, or with the prescribing 37 and enforciiig of rates, charges, or classifications of traffic of J8 any public or quasi-public corporatio.tj or with the assess- 39 ment of their property or the appraisement of their fran- 10 chises for taxation, or with the investigation of the subject tl of taxation generally, and not inconsistent with any of the 12 provisions of this Constitution, as may be prescribed by 13 law. Any corporation failing or refusing to obey any valid 14 order or requirement of the said commission, after it goes 15 into effect, and within such reasonable time, not less than ten 16 days, as shall be fixed in the order, or may be fined by said 17 commission (proceeding by due process of law as aforesaid) 18 such sum, not exceeding five hundred dollars, as the said t9 commission may deem proper, or such sum, in excess of )0 five hundred dollars, as may be prescribed or authorized )I by law ; and each day's continuance of such failure or re- )2 fusal, after due service upon said corporation of the order 53 or requirement of the said commission in question, shall )4 be a separate offence ; provided, that should the operation of )5 such order or requirement be suspended pending an appeal there- )6 from, the period of such suspension shall not be computed 57 against the company in the matter of its liability to fines or 58 penalties. )9 d. From any action of said commission prescribing 50 charges or classifications of traffic, or affecting the train 51 schedule of any transportation company or requiring any ad- 52 diiional facilities, conveniences or public service of any trans- 53 portation or transmission company, an appeal, subject to such 54 reasonable limitations as to time, regulations as to proce- 55 dure, and provisions as to costs, as may be prescribed by 56 law — may be taken by the corporation whose rates, charges, 57 [of] or classifications of traffic, schedule, facilities, conven- 58 iences, or service, are affected, or by any person deeming 59 himself aggrieved by such action, or (if allowed by law) fO by the Commonwealth ; unless and until otherwise provided 11 by law, such appeal shall be taken according to the same method r2 of procedure in uhich appeals are notv taken to the Supreme rS Court of Appeals from the inferior courts, except that such an Digitized by Google 8 COMMITTEE REPORTS. 174 appeal shall be an appeal of right, and the Supreme Court of 175 Appeals may provide by ride for proceeding in the fnatitr of 176 appeals in any particular in which the existing rules of law art 177 inapplicable. If such appeal be taken by the corporation 178 whose rates, charges, or classifications of traffic, sckedyit, 179 facilities, conveniences, or service, are aflfected, the Common- ISO wealth shall be made the appellee, but, in either of the 181 other two cases mentioned, the corporation whose charges 182 or classification of traffic, schedule, facilities, conveni^ica, 183 or service, are aflfected, shall be made the appellee. The 184 General Assembly may also, by general laws, provide for 185 appeals from any other action of the said commission, b? 186 the Commonwealth or by any person interested. All 187 appeals from the said commission shall be to the Supreme 188 Court of Appeals only, and in all appeals to which the 189 Commonwealth shall be a party, it shall be represented in 190 the appellate court by the Attorney-General or his legallv 191 appointed representative. 192 e. No action of the said commission prescribing or af- 193 fecting the rates, charges, or classifications of traffic, of 194 any transportation or transmission company shall be de- 195 layed or suspended in its operation by reason of any appeal 196 by such corporation, or of any proceedings resulting from 197 such appeal, prior to the final reversal of such order by 198 the appellate court, unless and until a suspending bond, 199 payable to the Commonwealth, sufficient in amount and 200 security to ensure the prompt refunding by the appealing 201 corporation, to the parties entitled thereto, of all over- 202 charges on the rates, [of] charges or classification of traffic, 203 appealed from, that such company may collect or receive 204 pending said appeal, in excess of that fix^d or authorized b\j 205 the final decision of the court on appeal, shall first have been 206 executed, filed with, and approved by the said commission 207 which shall forthwith require the appealing company (under 208 penalty of the immediate enforcement, pending the appeal, 209 of the order or requirement appealed from) to keep such 210 accounts, and make to the commission, from time to time 211 such reports, verified by oath, as may, in the judgment of 212 said commission, suffice to show the amounts being charged 213 or received by the company, pending the appeal, in excess 214 of the charge allowed by the action of the commission ap- 215 pealed from, together with the names and addresses of the 216 persons to whom such overcharges will be refundable in 217 case such action be not reversed; and said commission 218 shall also, from time to time, require such company , under 219 like penalty, to give additional security in, or increase the 220 said suspending bond, whenever, in the opinion of the corn- Digitized by Google COMMITTEE REPORTS. ^ 221 missron, the same may be necessary to insure the prompt re- 222 funding of the overcharges aforesaid. Upon the final de- 223 cision of such appeal, all [money] amounts which the ap- 224 pealing company may have collected, pending the appeal, 225 in excess of that authorized by such final decision, shall be 226 promptly refunded to the parties entitled thereto, in such 227 manner as may be prescribed by the commission, or by 228 law. All such appeals affecting rates, [of] charges or classifi- 229 cations of traffic shall have precedence upon the docket of the 230 appellate court, and shall be heard and disposed of promptly 231 by the court, irrespective of its place of session, next after 232 the habeas corpus, and Commonwealth's cases already on 233 the docket of the court. 234 f. In no case of appeal from the said commission shall 235 any new or additional evidence be introduced in the appel- 236 late court, but the General Assembly shall provide by law 237 for the certification by said commission to the appellate 238 court, of all the facts or evidence upon which the action 239 appealed from was based, and which may be essential for 240 the proper decision of the appeal therefrom ; but until pro- 241 vision shall be othertvise made therefor by latv, said facts or 242 evidence shall be certified to the appellate court by the chairman 243 of the commission under the seal of the commission. The said 244 commission shall, whenever an appeal is taken therefrom, 245 file with the record of the case, and as a part thereof, a 246 written statement of the reasons upon which the action 247 appealed from was based, and such statement shall always 248 be read and considered by the appellate court upon dispos- ing of the appeal ; [and] on all appeals taken from the said commission J the appellate court shall have jurisdiction to con- sider and determine 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 necessary, in the interest of justice, remand to the said commission any case pending on appeal, and require the same to be further investigated by the commission, and reported upon to the court, together with a certificate of such additional evidence as may be tendered before the commission by any party in interest, before the appeal is finally decided. g. Whenever the court, upon appeal, shall reverse an order of said commission affecting the rates, [of] charges, or the classification of traffic of any transportation or trans- mission company, it shall, at the same time, substitute for the reversed order, the order which, in its opinion, the Digitized by Google 10 COMMITTEE EEPORTS. 268 commission should have entered at the time of. entering, 269 and in lieu of, the order appealed from, otherwise there- 270 versal order shall not be valid. Such substituted order 271 shall have the same force and effect (and none other) as if 272 it had been entered by the commission at the time the 273 original order appealed from was entered. The right of 274 the commission to prescribe and enforce rates, charges, 275 classifications, rules and regulations aflfecting any and all 276 actions of the commission theretofore entered by it aod ap- 277 pealed from, but based upon circumstances or conditions 278 different from those existing at the time the order appealed 279 from was made, shall not be suspended or impaired by rea- 280 son of the pendency of such appeal ; but no order of said 281 commission prescribing or altering such rates, chargt^, 282 classifications, rules or regulation shall be retroactive. 283 h. The right of any person to institute and prosecute in 284 the ordinary courts of justice, any action, suit or motion 285 against any transportation or transmission company, for 286 any claim or cause of action against such company, shall 287 not be extinguished or impaired, by reason of any fine or 288 other penalty which the said commission may inflict, or 289 be authorized to inflict, upon such company because of its 290 breach of any public duty, or its failure to comply with 291 any order or requirement of said commission; but, in do 292 such proceeding by any person against such corporation, 293 nor in any collateral proceeding ^ shall the reasonableness, 294 justness or validity of any rate, charge, classification of 295 traflSc, rule, regulation or requirement theretofore pre- 296 scribed by said commission, within the scope of its author- 297 ity [be questioned] and then in forcCy be questioned; pp^- 298 videdf however , that no case based upon or involving any action 299 of said commission shall be heard or disposed of, agaimt thi 300 objections of either party , so long as such action of the eommis 301 sion is suspended in its operation by an order of the Supreme 302 Court of Appeals as authorized by this Constitution or ^ ««? 303 latv passed in pursuance thereof. 304 i. The said commission shall annually make reports to 305 the Governor, of its proceedings, in which reports it shall 306 recommend from time to time such new or additional legis- 307 lation in reference to its own powers or duties, or to the 308 creation, supervision, regulation or control of corporations 309 or to the subject of taxation, as the commission may deem 310 wise or expedient or which may be- required by law. 311 k. The Board of Public Works and the ofiice of Railroad 312 Commissioner, as they now exist, are hereby abolished; 313 and all books, papers and documents pertaining thereto 314 shall be forthwith transferred to, and hereafter become a Digitized by Google COMMITTEE REPORTS. 11 315 part of, the records of the office of the said State Corpo- 310 ration Commission. 317 1. After the first day of January, lUOo, the General 318 Assembly, upon the recommendation of the said commis- 319 sion, may, from time to time, by law, amend sub-sections 320 d, e, f, g, h, and i of this section, or any of them, or any 321 such amendment thereof: provided, that no amendment 322 made under authority of this sub-section shall be inconsist- 323 ent with the provisions of any part of this Constitution 324 other than the sub-sections last above named. Sec. o. Provision shall be made by general laws for the 2 payment of a fee to the Commonwealth by every domestic 3 corporation, upon the granting, amendment, or extension 4 of its charter, and by every foreign corporation upon ob- 5 taining a license to do business in this State, as specified in 6 this section ; and also for the payment, by every corpora- 7 tion hereafter doing business in this State, of an annual fee 8 of not less than $5.00 upon its charter or license to do busi- 9 ness, and for the making, by every such corporation, (at the 10 same time, and in connection with the payment of such an- il nual fee) , of such report to the State corporation commis- 12 sion, of the status, business, or condition of such corpora- 13 tion, as the General Assembly may prescribe. No foreign 14 corporation shall have authority to do business in this State, 15 unless and until it shall have first obtained from the State 16 corporation commission a license to do business in this 17 State, upon such terras and conditions as may be prescribed 18 by law. The failure by any corporation for two successive 19 years to pay its said annual franchise or license fee, or to 20 make its said annual reports in connection therewith, shall, 21 when such failure shall have continued for ninety days after 22 the expiration of the said two years [ipso facto forfeit] ope- 23 rate as a revocation and annulment of the charter, or license, 24 of such corporation, as the case may be, and the General 25 Assembly shall provide additional and suitable penalties for 26 the failure of any corporation to promptly comply with the 27 requirements of this section, or of any laws passed in pur- 28 suance thereof. The State corporation commission shall 29 require all corporations to comply promptly with the re- 30 quirements of th s section, and of the laws passed in pur- 31 suance thereof, by enforcing in the manner hereinbefore 32 authorized, such fines and penalties against the delinquent 33 company as may be provided for, or authorized by, this 34 article. Sec. 6. Any corporation heretofore chartered in this 2 State which shall hereafter accept or effect any amendment 3 or extension of its charter, shall be conclusively presumed Digitized by Google 12 COMMITTEE REPORTS. 4 to have thereby surrendered any exemption from taxation, 5 and any non-repealable feature of its charter, or of any 6 amendment thereof, and all other [special orj exclusive 7 rights or priviliges theretofore granted to it by the General 8 Assembly, and not enjoyed by other corporations of asim:- 9 lar general charactiT, and to have thereby agreed to there- 10 after hold its charter and franchises, and all amendments 11 thereof, under the provisions and subject to all the ^equir^ 12 ments, terms, and conditions of this Constitution, and of 13 any laws, hereafter passed in pursuance thereof, so far as 14 the same may be made applicable to such corporation. Sec. 7. The exercise of the right of eminent domain 2 shall never be abridged, or so construed as to prevent the 3 General Assembly from taking the property and franchises 4 of corporations and subjecting them to public use, the same 5 as the property of individuals ; and the exercise of the 6 police power of the State shall never be abridged, or so 7 construed as to permit corporations to conduct their busi- 8 ness in such a manner as to infringe the equal rights of in- 9 dividuals or the general well-being of the State. [Sec. 8. The General Assembly shall, by general laws, of 2 uniform operation, provide reasonable and economical 3 regulations for the ascertainment of just compensation to 4 all railroads, a part of whose right of way may be con- 6 demned for the use of telegraph or telephone lines, and 6 provide for the condemnation, in one proceeding, of the 7 whole of such part of the right of way of any railroad in 8 this State, and that telegraph and telephone companies, bj 9 such proceedings, shall, by such proceedings, acquire only 10 an easement in, and to the right of way of the railroads in 11 this State, for the purpose of constructing, maintaining and 12 operating their lines, which must be done so as nottoin- 13 terfere with the operation of the railroad trains and if, a^ 14 any time, a railroad oorapany shall need for railroad pur- 15 poses any portion of its right of way occupied by a tele 16 graph or telephone company, such telegraph or telephone 17 company shall, upon reasonable notice, at its own expense, 18 remove its lines to such other points on the right of way as 19 may be designated by the railroad company. The railroad 20 company shall have the prior right to their entire right of 21 way for railroad purposes] Sec. 9 No transportation or transmission company 2 shall charge or receive any greater compensation, in the | 3 aggregate, for transporting the same class of passengers 4 or property, or for transmittting the same class of 6 messages, over a shorter than over a longer distance, along 6 the same line and in the same direction — the shorter being Digitized by Google COMMITTKE REPORTS. 13 7 included in the longer distance, [whether such longer 8 distance be entirely within this State or not] ; but this sec- 9 tion shall not be construed as authorizing any such com- 10 pany to charge or receive as great compensation for a 11 shorter as for a longer distance. The State corporation 12 commission may, from time to time, authorize any such 13 company to disregard the foregoing provisions of this sec- 14 tion, by charging such rates as the said commission may 15 prescribe as just and equitable between such company and 16 the public, to or from any junctional or competitive points 17 or localities, or wlrere the competition of points located 18 without this State may make necessary the prescribing of 19 special rates for the protection of the commerce of this 20 State ; but this section shall not apply to any special excur- 21 sion, or commutation rates, or special rates for services ren- 22 dered to the government of this State or of the United 23 States, or in the interest of some public object, when the 24 same shall have been prescribed or authorized by the State 25 corporation commission. Sec. 10. No transportation or transmission company do- 2 ing business in this State, shall grant to any member of the 3 General Assembly, nor to any State, county, district or 4 municipal officer (except to the members and officers of the 5 State corporation commission for their personal use during 6 their terms of office) sluj frank, free pass, free transportation, 7 or any rebate or reduction in the rates charged by such com- 8 pany to the general public for like services. For violation 9 of the provisions of this section the offending company shall 10 be liable to such penalties as may be prescribed by law ; and 11 any such officer or member of the General Assembly who 12 shall, during his term of office, accept the benefit of any 13 such rebate or reduction, or the use of any such free pass 14 or free transportation, as is prohibited by this section, shall 15 thereby forfeit his office, and be subject to such further pen- 16 alties as may be prescribed by law, but this section shall not 17 prevent any street railway company from transporting free of 18 charge any member of the police force or fire department while in 19 the discharge of his official duties, nor prohibit the acceptance by 20 any such policeman or fireman of such free transportation. Sec. 11. Every employee of any railroad corporation 2 engaged in the physical construction, repair, or maintenance 3 of its roadway, track, or any of the structures connected 4 therewith, or in the physical operation of its trains, cars, 5 engines, or switches, shall have the same rights and reme- 6 dies for every injury suffered by him from the acts or omis- 7 sions of such corporation or its employees, as [are] may be 8 allowed by law to other persons not employees or passengers. Digitized by Google 14 COMMITTEE REPORTS. 9 when the injury results from the negligence of a superior 10 agent or oflBcer of the corporation, or from that of a person 11 employed by it having the right to control or direct the ser- 12 vices of the party injured, or the services of the co-employee 13 by whom he is injured, and also when the injury results 14 from the negligence of a co-employee on another train of 35 cars, or who has charge of any switch, signal point or loco- Id motive engine, or is charged with dispatching trains or 17 transmitting telegraphic orders therefor. Knowledge, by 18 any sixh employee injured, of the defective or unsafe charac- 19 ter or condition of any machinery, ways, appliances, or struc- 20 ture, shall not of itself be a bar to recovery for an injury 21 caused thereby. When death, whether instantaneous or 22 otherwise, results from any injury to such an employee, re- 23 ceived as aforesaid, the personal representative, surviving 24 consort and relatives of the deceased, shall respectively have 25 the same rights and remedies [that they would have had if 26 he had not been an employee of the company.] therefor as 27 may be allowed by law to the personal representative, surviving 28 consort, or relations of other persons not employees or pcufsengert. 29 Any contract or agreement, express or implied, made by 30 any employee, to waive the benefit of this section, shall be 31 null and void. This section shall not be construed to de- 32 prive any employee of a corporation, or his legal or personal 33 representative, surviving consort or relatives, of any rights 34 or remedy that he now has or they now have by the law of 35 the land. [The General Assembly may enlarge the relief 36 and remedies herein provided for the above named class of 37 employees, and may extend those herein provided for, or 38 herein authorized, to any other class of employees.] Sec. 12. No foreign corporation shall ,be authorized t^ 2 carry on, in this State, the business, [not] nor to exercise 3 any of the powers or functions of a public service corpora- 4 tion, nor be permitted to do anything which domestic cor- 5 porations are prohibited from doing, nor be relieved from 6 compliance with any of the requirements made of domestic 7 corporations by the Constitution and laws of this Statf, 8 where the same can be made applicable to such foreign cor- 9 poration. But this section shall not affect any public 10 service corporation whose line or route extends across the 11 boundary of this Commonwealth, nor prevent any foreign 12 corporation from continuing in such business as it may beact- 13 ually engaged in, within this State, when this Constitution 14 goes into effect ; but any such foreign public service corpora- 15 tion, so engaged, shall not be authorized to hereafter acquire, (6 lease, use or operate, within this State, any public or ir«uni- 17 cipal franchise in addition to such as it may own, lease, Digitized by Google COMMITTEE REPORTS. 15 18 use or operate when this Constitution goes into effect. The 19 property, within this State, of foreign corporations shall be 20 subject to attachment, the same as that of non-resident 21 individuals. Sec. 13. The right of the Commonwealth, through such 2 instrumentalities as it may select, to prescribe and define 3 the public duties of all common carriers and public service 4 corporations, to regulate and control such carriers and cor- 5 porations in the performance of their public duties, and to 6 fix and limit their charges therefor, shall "never be sur- 7 rendered nor abridged. Sec. 14. The credit of the State shall not be granted to, 2 or in aid of, any corporation, nor shall the State hereafter 3 subscribe to or become interested in the stock of any cor- 4 poration. Sec. 15. The General Assembly shall require annual re- 2 ports to be made to the State corporation commission, of 3 their affairs and conditions, by all corporations doing busi- 4 ness in this State, the character or extent of whose busi- 5 ness shall render publicity in their affairs essential or con- 6 ducive to the public welfare. Sec. 16. The General Assembly shall enact laws prevent- 2 ing all trusts, combinations and monopolies, inimical to the 3 public welfare. Sec. 17. The free right to build and operate railroads, 2 parallel to any other railroads previously established, shall 3 never be abridged nor denied to any railroad company here- 4 after chartered by this State ; but this section shall not de- 5 prive the General Assembly of the right to prevent (by 6 statute, repealable at the pleasure of the General Assem- 7 bly ) any railroad from being built parallel to the present line 8 of the Richmond, Fredericksburg, and Potomac Railroad. Sec. 18. General laws regulating and controlling the 2 issue of stock and bonds by corporations shall be enacted 3 by the General Assembly, [but no statute shall be enacted 4 authorizing any corporation to issue its stock as full paid,. 5 at less than its par value. Whenever anything other than 6 money is hereafter received, or to be received, by a corpora- 7 tion, in full or part payment for stock or bonds to be issued 8 by it, the corporation shall, before the issue of such stock 9 or bonds, file with the State corporation commission a full 10 and accurate written description (verified by the oath of 11 the president or secretary of the corporation) of the property 12 or services so received, or to be received, (stated in detail), 13 and against which the said stock or bonds are to be issued, 14 together with a written statement, similarly verified, of the 15 valuation at which the said property or services are so re- Digitized by Google 16 COMMITTEE REPORTS. 16 ceived, or to be received — a separate valuation being speci- 17 fied for each item of the property of services as stated in the 18 description thereof] . Whenever stock or bonds are to be issued 19 by a corporation, it shall, before issuing such stock or bonds, fiU 20 with the State corporation commission a statement {verified &y 21 the oath of th^ president or secretary of the corporation and in 22 such form as may be prescribed or permitted by said commission) , 23 setting forth fully and accurately the basis or financial plan upon 24 which such stock or bonds are to be issaed ; and where such basii 25 or plan includes, in whole or in part, services or property {other 26 than money) received or to be received by the company, such 27 statement shall accurately specify and describe {in the manner 28 prescribed or permitted by said commission) such services and 29 property, together with the valuation at which the same are re- 30 ceived or to be received by the company ; and such corporation 31 shall comply with any other requirements or restrictions which 32 may be imposed by law. The General Assembly shall provide 33 adequate penalties for the violation of this section, or of any 34 laws passed in pursuance thereof ; and it shall be the duty 35 of the State corporation commission to see to the enforce- 36 ment of the provisions of this section, by adjudging and 37 enforcing against any delinquent or oflfendiug company, io 38 the manner hereinbefore authorized, such fines and penalties 39 as are authorized by this Constitution, or may be prescribed 40 by law. Sec. 19. All existing charters or grants of corporate 2 powers, under which an organization has not in good faith 3 taken place before this Constitution goes into effect, and the 4 corporate powers of all corporations heretofore existing, but 5 which have had no bona fide organized existence since the 6 first day of January, [1902] 1903, are hereby revoked. Respectfully submitted, A. C. BRAXTON, J. C. WYSOR, JOHN H. INGRAM, JOSEPH STEBBINS, GILMOR S. KENDALL, W. T. YANCEY, RICHARD McILWAINE, GEO. W. JONES. I concur in the above report except as to sections 3, 4, 5, 8, and 13, to which I reserve the right to submit a minority report. ROBERT W. BLAIR. Digitized by Google REPORT OF THE COMMITTEE ON PREAMBLE AND BILL OF RIGHTS, THE DIVISION OF GOVERNMENTAL POWERS AND ON SUCH PORTIONS OF THE CONSTITUTION AS SHALL NOT BE REFERRED TO OTHER COMMITTEES, AS AMENDED BY THE COMMITTEE OF THE WHOLE. The committee of the whole Convention, to whom was re- ferred the report of the Committee on Preamble and Bill of Rights, have, according to order, had the same under consider- ation, and beg leave to report the same to the Convention as amended by the said committee : Amendments made in Oommittee of the Whole : Omit matter embraced in brackets [ ] and insert parts printed in italics. ARTICLE . MISCELLANEOUS PROVISIONS. HOMESTEAD AND OTHER EXEMPTIONS. Sec. 1. Every householder or head of a family shall be 2 entitled, in addition to the articles now exempt from levy 3 or distress for rent, to hold exempt from levy, seizure, gar- 4 nishment, or sale under any execution, order, or other pro- 5 cess issued on any demand for a debt contracted since the 6 26th day of June, 1870, his real and personal property, or 7 either, including money and debts due him, to the value of 8 not exceeding two thousand dollars, to be selected by him : 9 provided, that such exemptions shall not extend to any exe- 10 cution, order, or other process issued on any demand in the 11 following cases : 12 First. For the purchase price of said property, or any part 13 thereof. And if property purchased, and not paid for, be 14 exchanged for, or converted into, other property by the 15 debtor, such last named property shall not be exempted Digitized by Google ^ COMMITTEE KEPOKT8. 16 from the payment of such unpaid purchase money under 17 the provisions of this article. 18 Second. For services rendered by a laboring person or 19 mechanic. 20 Third. For liabilities incurred by any public oflScer, or 21 oflScer of a court, or any fiduciary, or any attorney-at-law, 22 for money collected. 23 Fourth, For a lawful claim for any taxes, levies, or as- 24 sessments accruing after the first day of June, 1866. 25 Fifth. For rent. 26 Sixth. For the legal or taxable f^es of any public officer 27 or officers of a court. Sec. 2. The said exemption shall not be claimed or held 2 in a shifting stock of merchandise. Sec. 3. The General Assembly shall prescribe in what 2 manner and on what conditions the said householder or 3 head of a family shall set apart and hold for himself and 4 family a homestead out of any property hereby exempted, 6 and may, in its discretion, determine in what manner and 6 on what conditions he may hold, for the benefit of himself 7 and family, such personal property as he may have coming 8 within the exemption hereby made. But this section shall 9 not be construed as authorizing the General Assembly to de- 10 feat or impair the benefits intended to be conferred by the 11 provisions of this article. Sec. 4. Nothing in this article contained shall be con- 2 strued as invalidating any homestead exemption already 3 claimed under the provisions of the former Constitution, 4 but the same shall be hereafter held and disposed of under 5 the conditions and provisions of this article ; and the pro- 6 visions of this article shall be liberally construed. Sec. 5. The General Assembly is hereby prohibited from 2 passing any law staying the collection of debts, commonly 3 known as **stay laws;" but this section shall ^ not be con- 4 strued as prohibiting any legislation which the General As- 5 sembly may deem necessary to fully carry out the provisions 6 of this article. HEIRS OF PROPERTY. Sec. 6. The children of parents, one of both of whom 2 were slaves at and during the period of co-habitation, and 3 who were recognized by the father as his children, and 4 whose mother was recognized by such father as his wife, 5 and was co-habited with as such, shall be as capable of in- 6 heriting any estate whereof such father may have died Digitized by Google COMMITTEE REPORTS. 7 seized or possessed as though they had been born in lawful 8 wedlock. ARTICLE . SALE OF INTOXICATING LIQUORS. Section 1. First. No intoxicating liquors shall be sold in 2 this State without a license therefor first obtained. 3 Second. [No license to sell intoxicating liquors in quan- 4 titles of less than one gallon or to be drunk at the place 5 where sold shall be authorized or granted in any town or H county of this State for a period of more than twelve 7 months, nor without the written request of a majority in 8 number of the legally qualified and registered voters resi- 9 dent in the town, or in the precinct of the county wherein 10 such liquors are intended to be sold who actually voted in 11 the last preceding regular election in such town or in such 12 precinct.] The Legislature shall have the full power of enact- 13 ing local option or dispensary latos, or any other laws controlling, 14 regulating^ or prohibiting the manufacture or sale of intoxicating 15 liquors. 16 [Third. Nothing herein contained shall be construed as 17 in any way interfering with the local option or dispensary 18 laws existing in this State at the time of the adoption of 19 this Constitution or as preventing the Legislature from pre- 20 scribing additional requirements or from passing or author- 21 izing other restrictive laws, rules, or regulations, touching 22 the sale of intoxicating liquors in addition to the require- 23 ments hereof, or from authorizing the sale of such liquors 24 under the direct supervision and control of local public 25 authorities.] ARTICLE . ' FUTURE CHANGES IN THK CONSTITUTION. Section 1. Any amendment or amendments to the Con- 2 stitution may be proposed in the Senate and House of 3 Delegates, and if the same shall be agreed to by a majority 4 of the members elected to each of the two houses, such pro- 5 posed amendment or amendments shall be entered on 6 their journals, with the ayes and noes taken thereon, and 7 referred to the General Assembly to be chosen at the next 8 general election ot Senators and members of the House of 9 Delegates, and shall be published for three months previous 10 to the time of making such choice. And if, in the General Digitized by Google 4 COMMITTEE REPORTS. 11 Assembly so next chosen as aforesaid , such proposed amend- 12 ment or amendments shall be agreed to by a majority of ail 13 the members elected to each house, then it shall be the duty 14 of the General Assembly to submit such proposed amend- 15 ment or amehdments to the people, in such manner and at 16 such times as the General Assembly shall prescribe ; and if 17 the people shall approve and ratify such amendment or 18 amendments by a majority of the electors qualified to vote 19 for members of the General Assembly voting thereon, such 20 amendment or amendments shall become part of the Con- 21 stitution. [Sec. 2. At such time as the General Assembly may by 2 law provide, the question, ** Shall there be a convention to 3 revise the Constitution and amend the same ?" shall be de- 4 cided by the electors qualified to vot^ for members of the 5 General Assembly ; and in case a majority of the electors 6 so qualified, voting at such election, shall decide in favor of 7 a convention for such purpose, the General Assembly, at its 8 next session, shall provide by law for the election of dele- 9 gates to such convention.] Digitized by Google REPORT OF THE COMMITTEE ON TAXATION AND FINANCE, AS AMENDED BY THE COMMITTEE OF THE WHOLE. The committee of the whole Convention, to whom was re- ferred the report of the Committee on Taxation and Finance, have, according to order, had the same under consideration, and beg leave to report the same to the Convention as amended by the said committee. AmandmentB made in Oominittee of the Whole : Omit matter embraced in braekats [ ] and insert parts printed in italics. ARTICLE. TAXATION "and FINANCE. Section 1. All property, except as hereinafter provided, 2 shall be tax6d ; all taxes whatsoever, whether State, local, 3 or municipal, shall be uniform upon the same class of sub- 4 jects within the territorial limits of the authority levying 5 the tax, and shall be levied and collected under general laws. Sec. 2. Except as hereinafter provided, all assessments 2 of the value of real estate and tangible personal property, 3 shall be at their fair market value, to be ascertained as pre- 4 scribed by law. The General Assembly may allow a lower 5 rate of taxation to be imposed for a period of years by a city 6 or town upon such land as may be added to or taken into 7 the corporate limits of such city or town, tlian is imposed on 8 such property within the limits of said city or town at the time 9 such land is added. Nothing in this Constitution shall pre- 10 vent the General Assembly, in its discretion at any time 11 after the Ist day of January, 1913, from segregating for the 12 purposes of taxation, the several kinds or classes of property 13 so as to specify and determine upon what subjects State 14 taxes, and upon what subjects local taxes may be levied. Sec. 3. The General Assembly may levy a tax on in- 2 comes in excess of six hundred dollars per annum; and 20 Digitized by Google ^ ooiocrrm bbpobts. 3 may levy a license tax upon any business which cannot be 4 reached by the ad valorem system ; and may impose franchise 5 taxes, and in imposing a franchise tax may, in its discretion, 6 make the same in lieu of taxes upon other property, in whole 7 or in part, of a transportation, industrial or commercial 8 corporation. And whenever a franchise tax shall be imposed 9 upon a corporation doing business in this State, or when- 10 ever aU the capital, however invested, of a corporation 11 chartered under the laws of this State, shall be taxed, the 12 shares of stock [in] issued by any such corporation, the 13 same representing the business or capital so taxed, shall 14 not be further taxed. No city or town shall impose any tax 15 or assessment upon abutting land owners for street or other 16 public local improvements, except for making and improving 17 the walkways upon then existing streets, and improving and 18 paving alleys, and for construction of sewers ; and the same, 19 when imposed, shall not be in excess of the peculiar bene- 20 fits resulting therefrom to such abutting land owners. Ex- 21 cept in cities and towns, no such taxes or assessments, on 22 abutting land owners, for local public improvements shall be 23 imposed. Sec. 4. The (Jeneral Assembly shall provide for a re- 2 assessment of real estate, except that of railway and canal cor- 3 porations, in the year 1905, and every fifth year thereafter 4 [and such real estate shall be assessed at its fair market 5 value] . Sec. 5, The (Jeneral Assembly shall provide by law for 2 the special and separate assessment of all coal and other 3 mineral land [at its fair market value] ; but until such spe- 4 cial assessment is made, such land shall be assessed under 5 existing laws. Sec. 6. The General Assembly shall levy a State capita- 2 tion tax of, and not exceeding, one dollar and fifty cents per 3 annum on every male resident of this State not less than 4 twenty-one years of age, except [pensioners of] those pen- 5 sioned by this State for military services ; one dollar of which 6 shall be applied exclusively in aid of the public free schools 7 in proportion to the school population, and the remaining 8 fifty cents of which shall be returned and paid by the State 9 into the treasury of the county or city in which it was col- 10 lected, to be appropriated by the proper county or city au- 11 thorities to such county or city purposes as they shsdl re- 12 spectively determine ; but said capitation tax shall not be a 13 lien upon, nor collected by legal process from, the personal 14 property which may be exempt from levy or distress under 15 the poor debtor's law. Sec. 7. After this Constitution shall be in force, no Digitized by Google OOMMITTBB BBPOBTS. 3 2 Statute of limitation shall run against any claim of the 3 State for taxes upon any property : nor shall the failure to 4 assess property for taxation defeat a subsequent assessment 5 for and collection of taxes for any preceding year or years, 6 unless such property shall have passed to an innocent bona 7 fide purchaser for value, in which latter case the tax so failed 8 to be assessed may be assessed against such bona fide purchaser 9 from the date of his purchase. Sec. 8. The natural oyster beds, rocks and shoals in the 2 waters of this State, as at any time defined by law, shall 3 not be leased, rented or sold, but shall be held in trust for 4 the benefit of the people of this State, subject to such regu- 5 lations and restrictions as the General Assembly may pre- 6 scribe. Sec. 9. The [b6ard of public works] State corporation 2 commission shall annually ascertain and assess, at the time 3 hereinafter mentioned, and in the manner now [authorized] 4 required by law of the board of public works, the value of the 5 road-bed, and other real estate, rolling stock, and other 6 tangible personal property, in this State, of each railway 7 corporation, now or hereafter liable for taxation upon such prop- 8 erty, by whatever power operated ; the canal bed and other 9 real estate, the boats and other tangible personal property, 10 in this State, of each canal corporation, empowered to con- 11 duct transportation ; and such property shall be taxed [by 12 the State and by the county, city and town authorities] ^for 13 State and for county, city, town and district purposes in the 34 same manner as now authorized by law, at such rates of 15 taxation as may be imposed by them, respectively, from 16 time to time upon the real estate and tangible personal 37 property of natural persons: provided, however, that no 18 tax shall be laid upon the net income of such corporations. Sec. 10. Each such railway or canal corporation, in- 2 eluding also any such as is exempt from taxation as to its 3 works, visible property, or profits, shall also pay to the 4 State an annual State franchise tax equal to one per centum 5 upon the gross receipts hereinafter specified in section 11, 6 for the privilege of exercising its franchises in this State, 7 which, with the taxes provided for in section 9, shall be in 8 lieu of all taxes or license charges whatsoever upon the 9 franchises of such corporation, the shares of stock issued 10 by it, and upon its property assessed under section 9 : pro- 11 vided, that nothing herein contained shall exempt such cor- 12 poration from assessments for street and other public local 13 improvements authorized by section 3; [but] and provided, 14 further, that nothing herein contained shall annul or inter- 16 fere with, or prevent any contract or agreement by ordinance Digitized by Google 4 OOIOOTTXB BXPOBT8. 16 between street railway corporations and municipalities, u 17 to compensation for the use of the streets or alleys of such 18 municipalities by such railway corporations. Sec. 11. The amount of such franchise tax shall be equal 2 to one per centum of the gross transportation receipts of S such corporations for the year ending June SOth of each 4 year, to be ascertained by the [board of public works] 5 State corporation commission in the following manner : 6 (a) When the road or canal of the corporation lies 7 wholly within this State, the tax shall be equal to one per 8 centum of the entire gross transportation receipts of such 9 corporation. 10 (b) When the road or canal of the corporation lies partly 11 within and paurtly without this State, or is operated as a 12 part of a line or system extending beyond this State, the 13 tax shall be equal to one per centum of the gross transpor- 14 tation receipts earned within this State, to be ascertained as 15 follows : By ascertaining the average gross transportation 16 receipts per mile over its whole extent within and without 17 this State, and multiplying the result by the number of miles 18 operated within this State : provided, that from the sum so 19 ascertained there may be deducted a reasonable sum because 20 of any excess of vsJue of the terminal facilities or other 21 similar advantages situated in other States over similar fa- 22 cilities or advantages situated in this State. Sec. 12. Each corporation, mentioned in section nine, 2 shall annually, on the first day of September, make to the 3 [board of public worksj State corporation commission the re- 4 port which the existing law requires to be ^nade annually 5 to [such board] the board of public works by every railroad 6 and canal company in this State, not exempt from taxation 7 by virtue of its charter, except that the report shall show 8 what property in this State belonged to the corporation on 9 the 30th day of June preceding, and its total gross trans- 10 portation receipts for the year ending on that date. Upon 11 receiving such report the [board of public works] State 12 corporation commission shall, after thirty days' notice pre- 13 viously given, as provided by said law, assess the value of 14 the property of the corporation, if not exempt by its charter 15 from taxation, and ascertain the amount of the franchise 16 tax and other taxes chargeable against it. All taxes for 17 which the corporation shall be liable shall be paid on or 18 before the first day of December following. The provisions 19 of said existing law, except as changed by this article, shall 20 apply to the ascertainment and collection of the franchise, 21 as well as other taxes of such corporations. Said taxes, 22 until paid, shall be a lien upon the property within this Digitized by Google OOMMITTBB BEPOBT8. 5 23 State of the corporation owing the same^ and take pre- 24 cedence of all other liens or incumbrances. Sec. 13. Any corporation aggrieved by the assessment 2 and ascertainment made under section 12 may, within 3 thirty days after receiving a certified copy thereof, apply 4 for relief to the circuit court of the city of Richmond. Notice 5 of the application, setting forth the grounds of complaint, 6 and verified by affidavit, shall be served on the [board of 7 public works] State corporation commission and on the 8 Attorney-Greneral, whose duty it shall be to represent the 9 Commonwealth. If the court be of the opinion that the 10 assessment or tax is excessive, it shall reduce the same ; but 11 if of opinion that it is insufficient, it shall increase the 12 same. Unless the applicant paid the taxes under protest, 13 when due, the court, if the decision is [wholly] adverse to 14 the applicant, shall, in disallowing the application, give judg- 15 ment against it for a sum, by way of damages, equal to in- 16 terest at the rate of one per centum per month upon the 17 amount of taxes from the time the same was payable. If 18 the decision is in favor of the applicant, in whole or in part, 19 appropriate relief shall be granted, including the right to 20 recover any excess of taxes that may have been paid, with 21 legal interest thereon, and costs, from the State or local au- 22 thorities, or both, as the case may be ; the judgment to be 23 enforcible by mandamus or other proper process issuing 24 from the court finally adjudicating the application. Subject 25 to provisions of article of this Constitution, the Su- 26 preme Court of Appeals may allow a writ of error to either 27 party. Sec. 14. After January 1, 1903, the system of taxation 2 in this State, as to the corporations mentioned in sections 3 nine and ten, shall be as set forth in sections nine to thir- 4 teen, inclusive ; and for that year the franchise tax shall be 5 based upon such gross receipts for the year ending June 6 30, 1903, and such system shall so remain until the 1st day 7 of January, 1913, after which date it shall continue until 8 modified or changed, as may be prescribed by law. Sec. 15. Until otherwise prescribed by law, trust or so- 2 curity companies chartered by this State, and incorporated 3 banks, shall be taxed in the same manner in which incor- 4 porated banks are now taxed : provided, that from the total 5 assessed value of the shares of stock of any such company 6 or bank, there shall be deducted the assessed value of its 7 real estate otherwise taxed in Virginia, and the value of 8 each share of stock shall be its proportion of the remainder. Sec. 16. Except as otherwise provided in this Constitu- Digitized by Google 6 OOmOTTSB BSPOBTS. 2 tion, the following, and no other property shall be exempt 3 from taxation, State and local : 4 (a) Property directly or indirectly owned by the State, 5 however held, and property lawfully owned and held by 6 counties, cities, towns, or school districts, used wholly and 7 exclusively for county, city, town or public school purposee. 8 (b) Buildings with the land they actually occupy, and 9 the furniture and furnishings therein lawfully owned and 10 held by churches or religious bodies, and wholly and ex- 11 clusively used for religious worship, or for the residence of 12 the minister of such church or religious body, together with 13 such additional adjacent land as may be reasonably nee- 14 essary for the convenient use of such buildings [for public 15 worship] . 16 (c) Private family burying grounds not exceeding one 17 acre in area, reserved as such by will or deed, or shown by 18 other sufficient evidence to be reserved as such, andsoex- 19 clusively used, and public burying grounds and lots therein 20 so appropriated and exclusively used and not conducted for 21 profit, whether owned or managed by local authorities or 22 by private corporations. 23 (d) Buildings with the land they actually occupy and 24 the furniture, furnishings, books and instruments therein 25 belonging to and actually and exclusively occupied and ased 26 by public libraries not conducted for profit, or [belonging] 27 to churches or to incorporated colleges, academies, semi- 28 naries and other incorporated institutions of learning, in- 29 eluding the Virginia Historical Society, and which are 30 wholly devoted to educational uses, and which are notcor- 31 porations having shares of stock or otherwise owned by in- 32 dividuals or other corporations, and which are not conducted 33 for the profit of any person or persons, natural or corporate, 34 directly, or under any guise or pretense whatsoever, to- 35 gether with such additional adjacent land owned by such 36 libraries and educational institutions as may be reasonably 37 necessary for the convenient use of such institutions, re- 38 spectively, with the buildings thereon used as residences by 39 the officers or instructors of such educational institutions, 40 and also the permanent endowment funds held by such 41 libraries and educational institutions directly or in trust and 42 not invested in real estate. 43 (e) Real and personal property belonging to, actually 44 and exclusively occupied , and used by Young Men's Christian 45 Associations, and other similar religious associations, orphan 46 or other asylums, hospitals and nunneries, which are not 47 conducted for profit, but purely and completely as charities. 48 (f) Buildings with the land they actually occupy, and Digitized by Google OOKMl'lTJBE BBPOBT8. 7 49 the fnmiture and furnishings therein, belonging to any 50 benevolent or charitable association and used ezclusiyely 51 for lodge purposes or meeting rooms by such association, 52 together with such additional adjacent land as may be 53 necessary for the convenient use of the buildings for such 54 purposes ; and 55 (g) Property belonging to the Association for the Pteser- 56 vation of Virginia Antiquities and to the Mt. Vernon Ladies' 57 Association of the Union. 58 No inheritance tax shall be charged, directly or indi- 59 rectly, against any legacy or devise which may be made 60 according to law and for the benefit of any institution or 61 other bodies, or any natural or corporate person whose 62 property is exempt from taxation as hereinbefore mentioned 63 in this section. 64 Nothing contained in this section shall be construed to 65 exempt from taxation any person, firm, association or cor- 66 poration, or their property, who or which shall expressly 67 or impliedly, directly or indirectly, contract or promise to 68 pay any sum of money or other benefit on account of death, 69 sickness, or accident to any of its members or any other 70 person, and whenever any building or land, or part of por^ 71 tion thereof mentioned in this section and not belonging to 72 the State shall be leased or shall be the source of revenue 73 or profit, then all of such building and land shall be liable 74 to taxation as other land and buildings in the same county, 75 city, or town. Sec. 17. No debt shall be contracted by this State ex- 2 cept to meet casual deficits in the revenue, to redeem a pre- 3 vious liability of the State, to suppress insurrection, repel 4 invasion, or defend the State in time of war. No scrip, cer- 5 tificate, or other evidence of State indebtedness, shall be 6 issued except for the transfer or redemption of stock pre- 7 viously issued, or for such debts as are expressly authorized 8 in this Constitution. Sec. 18. The credit of the State, or of any county, city, 2 or town, shall not be, directly or indirectly, under any de- 3 vice or pretense whatsoever, granted to or in aid of any per- 4 son, association, or corporation ; nor shall the State, or any 5 county, city, or town subscribe to or become interested in 6 the stock or obligations of any company, association, or cor- 7 poration, for the purpose of aiding in the construction or 8 maintenance of its works ; nor shall the State become a party 9 to or become interested in any of work internal improve- 10 ment, nor engaged in carrying on any such work ; nor as- 11 sume any indebtedness of any county, city, or town, nor 12 lend its credit to the same, / Digitized by Google O OOMKITTBX BXPOBTflL Sec. 19. All taxes, licenses, and other revenue of the 2 State, shall be collected by its proper officers and paid into 3 the State treasury. No money shsdl be paid out of the Sta4;e 4 treasury except in pursuance of appropriations made by 5 law ; and no such appropriations shcdl be made which are pay- 6 able more than two years after the end of the session of the Gen- 7 eral Assembly, during which the law is passed authorizing the 8 same ; and no appropriation shall be made for the payment 9 of any debt or obligation created in the name of the State 10 of Virginia during the war between the Confederate States 11 and the United States. Nor shall any county, city, or town, 12 pay any debt or obligation created by such county, city, or 18 town in aid of said war. Sec. 20. On the passage of every act which creates, con- 2 tinues, or revives a debt or charge, or makes, continues, or 3 revives any appropriation of public or trust money, or 4 property, or releases, discharges or commutes any claim or 5 demand of the State, the vote shall be determincKi by yeas 6 and nays, and the names of the persons voting for and ' 7 against the same, shall be entered on the journals of the re- 8 spective houses of the General Assembly, and a majority of 9 all the members elected to each house shall be necessary to 10 give it the force of a law. And every law which imposes, 11 continues, or revives a tax, shall be enacted in like manner, 12 and shall specifically state such tax ; and no law shall be 13 construed as stating such tax specifically, when it requires 14 a reference to any other law or any other tax. Sec. 21. The General Assembly of Virginia shall pro- 2 vide by law and maintain a sinking fund in accordance 3 with the provisions of section 10 of an act of the General 4 Assembly of Virginia, approved February 20, 1892, entitled 5 '^ an act to provide for the settlement of the public debt of 6 Virginia not funded under the provisions of an act entitled 7 an act to ascertain and declare Virginia's equitable share of 8 the debt created before, and actually existing at the time of 9 the partition of her territory and resources, and to provide 10 for the issuance of bonds covering the same, and the regu- 11 lar and prompt payment of the interest thereon, approved 12 February 14, 1882." Every law hereafter enacted by the 13 General Assembly, creating a debt or authorizing a loan, 14 shall provide for the creation and maintenance of a sinking 15 fund for the payment or redemption of the same. Sec. 22. The General Assembly shall provide by law for 2 adjusting with the State of West Virginia the proportion of 3 the public debt of Virginia proper to be borne by the State 4 of Virginia and West Virginia, and shall provide that such Digitized by Google COMMITTEE BBPOBTS. 9 5 sum as shall be received from West Virginia shall be applied 6 to the payment of the public debt of the State. Sec. 23. No other or greater amount of tax or revenue 2 shall, at any time, be levied than may be required for the 3 necessary expenses of the Government, or to pay the exist- 4 ing indebtedness of the State. Digitized by Google L Digitized by Google STATEMENT SHOWING TERMS OF OFFICE AND DATES OF EXPIRA- TION THEREOF, OF STATE, COUNTY, CITY, DISTRICT, AND TOWN OFFICERS. Patron— Mr. Anderson, of Rockbridge. Governor, four years ; expires January 1 , 1906. Lieutenant-Governor, four years ; expires January 1, 1906. Attorney -General, four years ; expires January 1, 1906. Secretary of the Commonwealth, two years ; expires Janu- ary 1, 1904. Auditor of Public Accounts, two years; expires January 1, 1904. Second Auditor, two years ; expires January 1, 1904. Treasurer, two years ; expires January 1 , 1904. Superintendent of Public Instruction, four years ; expires March 15, 1906. Register of Land OflBce, two years ; expires January 1, 1904. Adjutant-General, four years ; expires January 1, 1906. Commissioner of Agriculture, two years; expires January 1, 1903. Railroad Commissioner, two years ; expires April 1, 1903. Superintendent of Public Printing, two years ; expires Jan- uary 1, 1904. Superintendent of Penitentiary, two years ; expires January 1, 1904. Commissioner of Labor and Industrial Statistics, two years ; Bxpires March 15, 1902. BHve members of Board of Fisheries, four years ; expire March 30, 1902. One hundred members House of Delegates, two years ; ex- pire first Wednesday in December, 1903. Nineteen members of State Senate, even numbered districts, bur years ; expire first Wednesday in December, 1903. Twenty-one members of State Senate, odd numbered dis- ricts, four years; expire first Wednesday in December, 1905, Digitized by VjOOQIC ^ OOinOTTSS BSPOKT8. Clerk House of Delegates , two years ; expires first Wednes- day in December, 1903. Clerk State Senate, two years ; expires first Wednesday in December, 1903. One hundred and seventeen County and City School Superin- tendents, four years ; expire July 1, 1905. One hundred County Surveyors, four years; expire Julyl, 1903. One hundred County Superintendents of the Poor, four years; expire July 1, 1903. Five members of Court of Appeals, twelve years ; expire Jan- uary 1, 1907. Sixteen Circuit Judges, eight years ; expire January 1, 1903. One Circuit (18th) Judge, eight years; expires January!, 1909. Eighty-five County Judges, six years ; expire January 1 , 1904. One hundred County Commonwealth's Attorneys, four years ; expire July 1, 1903. One hundred County Clerks, sixty-three of whom are ei- ofiicio Clerks of the Circuit Courts, six years ; expire July 1, 1905. Thirty-seven County Circuit Court' Clerks, six years; expire July 1, 1905. One hundred County SheriflFs, four years ; expire July 1, 1903. One hundred County Treasurers, four years ; expire July li 1903. Commissioners of the Revenue, four years ; expire July I, 1903. Supervisors, Justices of the Peace, Constables, Road Com- missioners and Overseers of the Poor, two years ; expire July 1, 1903. CORPORATION COURTS TERM, SIX YEARS. The terms of the Judges of the Corporation Courts for the following cities expire January 1, 1907: Alexandria, Char- lottesville, Danville, Fredericksburg, Lynchburg, Petersburg, Portsmouth, Norfolk, Richmond and Staunton. The terms of the Judges of the Corporation Courts for the following cities expire January 1, 1905 : Manchester and Win- chester. The terms of the Judges of the Corporation Courts for die following cities expire January 1, 1904 : Buena Vista and Wil- liamsburg. That of the Corporation Court of Radford on Jan- uary 1, 1904. The terms of the Judges of the Corporation Courts for the Digitized by Google OOMMITTBB B3BPOBTS. 3 following cities expire January 1, 1903 : Bristol, Roanoke and Newport News. The present term of the Judge of the Chancery Court for the City of Richmond will expire January 1, 1907. The present term of the Clerk of the Chancery Court for the City of Richmond will expire July 1, 1906. The present term of the Judge of the Law and Equity Court for the City of Richmond will expire January 1, 1907. The present term of the Clerk of the Law and Equity Court for the City of Richmond will expire July 1, 1906. The present term of the Judge of the Law and Chancery Court for the City of Norfolk will expire January 1 , 1907. The present term of the Clerk of the Law and Chancery Court for the City of Norfolk will expire January 1, 1906. CLBRK OP CORPORATION COURT TERM, SIX YEARS. Expire July 1, 1906 : Alexandria, Charlottesville, Danville, Fredericksburg, Lynchburg, Newport News, Norfolk, Peters- burg, Portsmouth, Richmond, and Staunton. Expire July 1, 1905 : Williamsburg. Expire July 1, 1904: Buena Vista, Manchester, Radford, and Winchester. Expire July 1, 1902 : Bristol and Roanoke. commonwealth's attorney — TERM, TWO YEARS. Expire July 1, 1903 : Williamsburg (joint Court with County of James City.) Expire July 1, 1902: Alexandria, Bristol, Buena Vista, Charlottesville, Danville, Fredericksljurg, Lynchburg, Man- chester, Newport News, Norfolk, Petersburg, Portsmouth, Rad- ford, Richmond, Roanoke, Staunton, and Winchester. COMMISSIONER OP THE REVENUE — TERM, FOUR YEARS. Expire July 1, J 904: Buena Vista, Charlottesville, Lynch- burg, Norfolk, and Portsmouth. Expire July 1, 1902: Alexandria, Bristol, Danville, Freder- icksburg, Manchester, Newport News, Petersburg, Radford, Richmond, Roanoke, Staunton, Williamsburg, and Win- cbester. TREASURER — TERM, THREE YEARS. Expire July 1, 1904 : Danville, Manchester, Radford, Win- c^hester. Digitized by Google 4 OOMMITTBB BBPOBT8. Expire July 1, 1903 : Alexandria, Charlottesville, Fredericb- burg, Lynchburg, Norfolk, Petersburg, Portsmouth, Richmond, Staunton, and Williamsburg. Expire July 1, 1902 : Bristol, Buena Vista, Newport News, and Roanoke. CITY SBRGBANT — TERM,, TWO YEARS. Expire July 1, 1903 : Buena Vista. Expire July I, 1902 : Alexandria, Bristol, Charlottesville, Danville; Fredericksburg, Lynchburg, Manchester, Newport Ndws, News, Norfolk, Petersburg, Portsmouth, Radford, Kdi mond, Roanoke, Staunton, Williamsburg, and Winchester. JUSTICES OP THE PEACE — ONE, TWO AND THREE YEARS. Expire July 1, 1903 : Buena Vista and Lynchburg. Expire July 1, 1902 : Bristol, Charlottesville, Danville, Fred- ericksburg, Manchester, Newport News, Norfolk, Petersbui^, Portsmouth, Radford, Richmond, Roanoke, Staunton, WU- liamsburg and Winchester. Alexandria : Three in 1904 : two in 1903 ; three in 1902. CONSTABLE TERM, TWO YEARS. Expire July 1, 1904: Manchester (term, threee years). Expire July 1, 1902: Alexandria, Bristol, Charlottesville Danville, Lynchburg, Newport News, Norfolk, Petersburg Portsmouth, Radford, Richmond, Roanoke, Staunton. Buena Vista, Fredericksburg, Williamsburg, and Winchestei have no such ofl&cer now. MAYOR — TERM, TWO YEARS. Expire July 1, 1903: Alexandria. Expire July 1, 1902 : Bristol, Buena Vista, Charlottesville Danville, Fredericksburg, Lynchburg, Manchester, Newpon News, Norfolk, Petersburg, Portsmouth, Radford, Richmond Roanoke, Staunton, Williamsburg, and Winchester. Digitized by Google AMENDMENT TO SECTION SIXTEEN OF THE REPORT OF THE COM- MITTEE ON TAXATION AND FINANCE. Patron— Mr. TarnbalL Add at the end of sub-section ** b '' the following : But the exemption mentioned in this sub-section shall not 2 apply to any industrial school, individual or corporate, not 3 the property of this State, that contracts for work of 4 any kind, establishes work shops, printing establishments, 5 or factories of any kind that do work for compensation, or 6 manufacture articles for sale in competition with like work 7 shops or factories in the community in which such school 8 is located. Digitized by Google Digitized by Google REPORT OF A MINORITY OF THE COMMITTEE ON THE ELECTIVE FRANCHISE, QUALIFICATION FOR OFFICE, BASIS OF REPRESENTA- TION AND APPORTIONMENT, AND ON ELECTIONS. To the President and Members of the Convention : Being unable to agree with the report filed by a majority of the Committee on the Elective Franchise, etc., we ask leave to submit the following report as to the right of suffrage, and method of voting : We do not think that any man who now has the right of suf- frage should be deprived of that right. There is no right which a man has in a government like ours that can be dearer to him than the right of suffrage. It is the right preservative of all rights, and we most earnestly insist that we have no more right to take away his right to vote, than we have to take away his property. To take away his right to vote is in effect to take away his right to protect his property, his liberty and his life. We, therefore, must decline to lay upon any of the present voters of this Commonwealth a burden, as a pre- requisite to voting, with which it is impossible for them to comply. Under the majority and one of the minority reports the voters of the State are divided into the soldier class, the prop- erty class, and non-property holding class, and the non-property holding class is to be subjected to examinations and tests not laid upon the others. This dividing of the voters into classes and subjecting one class to burdens not laid upon the others is contrary to the nature and spirit of our institutions. The first class provided for is the soldier class. It is but proper to allow them to retain a right which they already have. Many of them are now, and doubtless were when they rendered military services, non-property holders. This suggests the thought, is it wise to discriminate against the non-property holders who furnish so many of our soldiers and thus destroy, or at least lessen, their love of country ? The second class mentioned in these reports are those who, or whose wife, shall have paid to the State taxes for the year preceding that in which he offers to vote amounting to as much as $1.00 on property owned by and assessed against him or his Digitized by Google Z OOIOCITTBB BlPOBTflL wife. At the present rate of taxation this would require the ownership of $250.00 worth of property. This property quali- fication would exclude perhaps two-thirds of the present yoters of the Commonwealth. We submit that a property test is not a just and proper test for suffrage. The property holder does not bear all the burdens of the goyemment. As aboye sug- gested, a great number of the soldiers who fight its battles are not property holders. The laborers in the fields and in the mines and shops, who do so much to create the prosperity and wealth of the State, often own but little property. It is their lot by hard labor to create the wealth of the State, yet they are to have no voice in the making of the laws, or in selecting those who shall administer them. Under the majority report the test provided for the third class of voters is that indefinite, uncertain and immeasurable thing, '* a reasonable explanation of the general nature of the duties of the various officers for whom he may at any time un- der the law then existing be entitled to vote." How many voters will be deprived of the right of suffrage under that tesi no one can tell. It is as elastic as a rubber band and can be adjusted to any voter to suit the desire of a partisan registra- tion board. Under this provision the partisan board can de- prive their fellow-citizens of their right to . vote and then com- fort themselves with the thought that the supremacy of their party is necessary for the salvation of the country, and that their fellow-citizens were unworthy to vote because they were of a different political party. It will not do to claim that men will not take advantage of a law so loosely drawn. There will always be those who are ready to use any advantage that may be taken of the law. We were told of old that ** The heart is deceitful above all things and desperately wicked : Who can know it?" Human nature has not changed. Yet it is proposed by this law to put at least 250,000 of our voters at the mercy of a registration board. Under it the registration board can discriminate against one voter and in favor of another. It is needless to say that it is susceptible of fraudulent administration. In our opinion it encourages and invites such fraudulent administration. Who can doubt that under it many voters will be fraudulently dis- criminated against and deprived of their right to vote ? We cannot believe that we will make better citizens of any part of the people by unjustly discriminating against them. To de- prive a man of his right to vote by unjust discrimination must of necessity turn him against the State and to that extent make a worse citizen of him. Again, a law so uncertain in its terms and so susceptible of fraudulent administration cannot command the respect and Digitized by Google OOMMITTBB BBPOBT& u confidence of the people ; and all upright men, jealous of their good names, will refuse to take part in the administration of such a law, and the administration of it will fall into the hands of unworthy men. Men who can adjust their consciences to suit the emergencies of any case. That these are the kind of men selected to administer such a law has been abundantly il- lustrated in this Commonwealth by the men who have in recent years administered its election laws. Again, the men who administer such a law are made worse by administering it. In our government every man must nec- essarily be more or less a partisan, and in administering such a law the temptation to serve partisan ends is always before them. The Great Master taught us to pray ** Lead us not into temptation." But under this law partisans are to be placed in a position which invites them by fraudulent discrimination to advance the interest of their party. Every wrong that a man does tends to harden and make him a worse man, and every unjust discrimination that these partisan boards shall make will make worse men of them. Again, all classes of citizens seeing that the law invites such fraudulent discrimination, and seeing the officers of the law engaged in such fraudulent methods will despise the law, and hold the law and those who administer it in contempt. We conclude, therefore, that if the majority report should be adopted it will demoralize the people, and work untold evil to the State, because : First. It will cause those who are discriminated against to despise and defy the law. Second. It will cause honest and upright men to lose respect for the law and to refuse to take part in its administration. Third. Its fraudulent administration will make worse men of those who administer it, and bring the law and those who administer it into contempt with all classes. We believe that every citizen of the State should be justly and honestly dealt with. The law defining who shall have the right of suffrage should be as plain and certain as it can be made, and, as far as the ingenuity of man can devise, it should be so drawn as to prevent any partisan or fraudulent adminis- tration of it. This will inspire confidence in the law and cause all men to take part in its administration — a result greatly to be desired. We think it more important to have a reform in the method of voting than in the suffrage. It must be admitted by all that the present election law is so drawn that great and many frauds are constantly committed under it. Under this election law the illiterate voters are placed at the mercy of one election officer, and every safeguard is placed Digitized by Google 4 OOMMITTBB REPORTS. around this election oflScer to prevent anyone from detecting him in the perpetration of his fraud. We think this election law is a crying evil which demands immediate reform. We, therefore, herewith submit, on right of suflFrage, the se^ tion contained in the present Constitution, and along with it submit some sections on the method of vpting. The sections on the method of voting are submitted with great diffidence. We recognize that they are not perfect, but they have been drawn in an honest effort to correct to some ex- tent the. present evil method. It will be noted that we provide that the voter acquiring the right to vote after ihe adoption of this Constitution shall pre- pare his own ballot and write his name on it. This is an auto- matic educational test applicable to all classes alike, but will not deprive any man of the right to vote who now has that right. Under the present advantages for obtaining an educa- tion we deem this a reasonable requirement, and one that will cause men to take advantage of their opportunities for educa- tion, and at the same time tend to place the method of conduct- ing the elections on a higher plane. Respectfully submitted, A. P. GILLESPIE. Digitized by Google OOMMITTEB BSPOBTS. ELECTIVE FRANCHISE AND METHOD OP VOTING. Section 1. Every male citizen of the United States, 2 twenty-one years old, who shall have been a resident of the 3 State twelve months, and of the county, city, or town in 4 which he shall offer to vote three months next preceding 5 any election, shall be entitled to vote for members of the 6 General Assembly and all officers elected by the people : 7 provided, that no officer, soldier, seaman, or marine of the 8 United States army or navy shall be considered a resident 9 of this State by reason of being stationed therein : and pro- 10 vided, also, that the following persons shall be excluded 11 from voting : 12 First. Idiots and lunatics. 13 Second. Persons convicted of bribery in any election, 14 embezzlement of public funds, treason, felony, or petit lar- 15 ceny. 16 Third. No person who, while a citizen of this State, has, 17 since the adoption of this Constitution, fought a duel with 18 a deadly weapon, sent or accepted a challenge to fight a 19 duel with a deadly weapon, either within or beyond the 20 boundaries of this State, or knowingly conveyed a challenge 21 or aided or assisted in any manner in fighting a duel, shall 22 be allowed to vote or hold any office of honor, profit, or 23 trust under this Constitution. Sec. 2. All elections by the people shall be by ballot, 2 and all elections by the representative bodies shall be viva 3 voce. The ballot box shall, during all elections, be kept in 4 view of the voters, and the ballots shall not be canvassed or 5 counted in secret. Sec. 3. Every voter shall prepare his own ballot, write 2 his name on the back of same, and deposit it in the ballot- 3 box without assistance from anyone, except that all persons 4 entitled to vote at the time of the adoption of this Constitu- 5 tion, and voters physically unable to prepare their ballots, 6 may receive aid in preparing and depositing their ballots by 7 a person of their own selection in the presence of the judges 8 of election. 9 The ballot sliall be prepared by marking off or erasing 10 from the ballot the names of all the candidates except the 11 candidates for which the voter desires to vote ; but if the 12 voter does not desire to vote for any of the candidates whose 13 names are printed on the ballot, then he shall be allowed to 14 mark ofiF the names of all the candidates whose names are 15 printed thereon, and write on the ballot the nam^ of thQ 16 person for whom he desires to vote. Digitized by Google 6 OOIOCITTKB BBPOBT8. 17 Where a voter receives aid in the preparation of his bal- 18 lot, then his name shall be written thereon by the person 19 selected to give him aid, and witnessed by such person sign- 20 ing his name on the back of the ballot as a witness. Sec. 4. It shall not be lawtul for any oflScer conducting 2 the election to disclose how any elector voted, except in 3 cases of contested elections, and the General Assembly shall 4 provide by law for the punishment by fine and imprison- 5 ment of any election officer disclosing how an elector has 6 voted, except in cases of contested elections. But the elec- 7 tor himself shall have the right to declare how he voted and 8 to vote an open ballot in the presence of any or all of the 9 officers of election. Sec. 5. Any person who intends to be a candidate for 2 any office, State or national, to be elected by the electors of 3 the State at large, or of a district composed of different 4 counties and cities of the State, shall, at least twenty days 5 before such elections, notify the Secretary of the Common- 6 wealth of such intention, and it shall be the duty of the 7 Secretary of the Commonwealth to at once notify the sher- 8 iffs of the different counties and the sergeants of the differ- 9 ent cities of the Commonwealth, or of the district where the 10 election is to be held of the intention of such person to be a 11 candidate ; and any person intending to be a candidate for 12 any office not embraced in the foregoing shall give notice at 13 least twenty days before the election to the sheriff of the 14 county or sergeant of the city where the election is to be 15 held, of such intention. 16 At least fifteen days before the election the sheriff of the 17 county or sergeant of the city where the election is to be 18 held shall cause the ballots for the election to be plainly 19 printed on white paper in the English language, and on 20 each ballot shall be printed in black ink the names of the 21 different offices to be voted for, and immediately under the 22 name of each office shall be printed the names of all candi- 23 dates for such office, in the order in which they have given 24 notice of their candidacy. The name of each candidate 25 shall be printed in a separate line, and the type used in 26 printing said ballots shall be plain Roman type, not smaller 27 than type known as pica. The ballots so printed shall be 28 known as official ballots, and there shall be printed a num- 29 ber of ballots equal to twice the entire registered vote of 30 said county or city, and the sheriff of the county or sergeant 31 of the city shall in person or by deputy distribute said bal- 32 lots among the different precincts of the county or city bf. 33 delivering, at each precinct of his city or county, to one a 34 the officers appointed to hold the election at such precinct^ Digitized by Google I OOMMITTBE BBPOBTS. / 5 twice as many ballots as there are registered voters at the 5 precinct. On the back and outside of the official ballot 7 shall be printed the words '* official ballot," followed by the i date of the election and a fac simile of the signature of the } sheriff or sergeant who had same printed. Sec. 6. It shall also be the duty of the sheriff of each 2 county and the sergeant of each city to have printed on 3 paper of different color from that on which the official bal- i lot is printed, exact copies in all respects, except the color 5 of the paper, of the official ballots. These copies shall be 3 known as sample ballots, and a copy of said sample ballot 7 shall be posted by the sheriff of the county or sergeant of S the city, for at least ten days before the election, at each J voting precinct in the county or city in which the election [) is to be held, and the said sheriff or sergeant upon request 1 of any voter shall furnish him a copy of said sample ballot. Sec. 7. All elections shall be conducted by three judges I and two clerks of elections, appointed by the circuit courts i of each of the counties and cities of the Commonwealth for 1 the respective precincts of each of said counties and cities, 5 and it shall be the duty of the circuit courts of each of the 3 cities and counties of this Commonwealth annually to ap- 7 point, at least three months before an election is to be held, i three judges and two clerks of elections for the different ) precincts of said cities and counties. And where there are } political parties existing in any city or county then one of I the said judges of election and one of the clerks shall be I appointed by the court from qualified voters recommended } to said court by the chairman of the Executive Committee 1 of the political party of said county or city which cast the 5 greatest number of votes therein at the last preceding elec- > tion ; and shall also appoint one of said judges and one of 7 said clerks from qualified voters recommended to it by the i chairman of the Executive Committee of the political party ) of said county or city, which cast next to the greatest num- ) ber of votes at said last preceding election. Sec. 8. On the day fixed for holding an election it shall 2 be the duty of the judges and clerks of election appointed, I as provided for in the last preceding section, to take charge I of the ballots, ballot-box, and poll-books provided for hold- > ing the election, and open the polls at the voting places in ) their respective precincts, and conduct the elections in all 1 respects in the manner prescribed by this Constitution and i by acts of the General Assembly passed in accordance there- ) with. But should any judge or clerk of election fail to at- ) tend at any place of voting for one hour after the time pre- L scribed by law for opening the polls at such election, it shall Digitized by Google 8 ooMMrrruB bxpobts. 12 be lawful for the judge or judges, clerk or clerks in attend- 13 ance, to select from among the bystanders one or more per- 14 sons possessing the qualifications of judges or clerks of elec- 15 tion, who shall act as judge or judges, or clerk or clerks of 16 such election, and who shall have all the powers and 17 authority of judges or clerks appointed by the court : pro- 18 vided, however, that if the judge or judges present have in- 19 formation that the absent judge or judges, or clerk or clerks 20 will not attend, he or thej need not wait for the expiration 21 of an hour or any other time. Should all the judges and 22 clerks appointed for any place of voting fail to attend at 23 the place of voting for one hour after the time prescribed 24 by law for opening the polls at such election, it shall be the 25 duty of any justice of the district in which the election is 26 held, who shall be applied to for that purpose, or the mayor, 27 if the election is in any election district in a town or city, 28 to appoint three judges and two clerks of election for such 29 election district, who shall possess the same qualifications 30 and have the same powers as judges and clerks appointed 3L by the court. Should no judges or clerks of election be ap- 32 pointed for any county, city, or place of voting therein, or 33 if appointed, they neglect or refuse to act for one hour after 34 the time prescribed by law for opening the polls at such 35 election, it shall be lawful for any five qualified voters of 36 the district, who shall be present and willing to act, upon 37 taking the oath prescribed for judges and clerks of election, 38 to proceed to hold, conduct, and certify the election in tiie 39 manner prescribed by law, and for that purpose shall have 40 all the powers and authority of officers appointed by the 41 court. Sec. 9. The General Assembly shall prescribe by law for 2 how the ballot-box and poll-books shall be furnished to the 3 election officers of the different precincts, and shall also pre- 4 scribe by law, in accordance with the provisions of this 5 Constitution, how the elections shall be conducted, and how H the vote shall be canvassed, counted, and returned and cer- 7 tificate of election made out. 8 Provided, the time for opening the polls shall be fixed 9 at sunrise and the time for closing the polls shall be fixed 10 at sunset of the same day : and 11 Provided, that no elector shall be allowed to occupy 12 more than two minutes in voting, to the obstruction of other 13 electors : and 14 Provided, that when the right to vote of any elector ii 15 challenged, there shall be tendered to him by one of the 16 judges of election the following oath : '^ You do solemalT 17 swear (or affirm) that you are a citizen of the UniM Digitized by VjOOQ IC i OOMMITTBB lUSPOBTS. 9 18 States : that you are twenty-one years old ; that you have 19 resided in this State for twelve months, and in this county 20 (city or town) for the three months next preceding this elec- 21 tion ; and that you are not disqualified from voting by the 22 Constitution or laws of this State ; that your name is (here 23 insert the name given) ; that in such name you were duly 24 registered as a voter of this election district ; that you are now 25 an actual resident of the same ; that you are the identical per- 26 son you represent yourself to be, and that you have not voted 27 in this election at this or any voting place. So help you God. ' ' 28 If he refuses to take said oath his vote shall be rejected, but 29 if he takes said oath then his ballot shall be received and 30 name written thereon and placed in the ballot-box, and after 31 the polls are closed the evidence pertaining to his right to 32 vote shall be heard and the judges of election shall then de- 33 termine whether or not said vote shall be rejected : and 34 Provided, that each city and county shall be divided into 35 precincts so that allowing each qualified voter two minutes 36 in which to vote there shall be time for all the registered 37 vote of the precincts to vote between sunrise and sunset of 38 the day of the election : and 39 Provided, that it shall be made the duty of the judges 40 of election to see that there is nothing in the ballot-box at 41 the opening of the polls, and that nothing is allowed to be 42 placed therein during the time of holding the elections, ex- 43 cept the ballots of the duly qualified electors of the pre- 44 cinct who apply to vote, and to see that every duly qualified 45 elector at said precinct who applies to vote shall be allowed 46 to vote and shall keep a list of all voters who vote at the precinct, and as soon as the polls are closed to count the votes cast, and ascertain the number of votes cast for each candidate, and make and sign a certificate showing number of votes cast for each candidate at the precinct : and Provided, that after the ballots have been canvassed and counted at any voting place that said ballots and the poll- books and certificate showing the result of the election shall be put under separate covers and sealed, and shall be con- veyed by one of the judges of election, to be selected by lot, to the clerk of the circuit court of the county or city in which the election has been held, and the clerk to whom the ballots are delivered shall, without breaking the seal, keep same safely in his office for twelve months, and he shall not allow same to be inspected, except in cases of contested elections, and unless they become necessary to be used in evidence: and, Provided, further, tjiat at the time the circuit court ap- points the judges and clerks of election for the various Digitized by Google 10 OOMMITTEB BEPOBTS* 65 precincts of the counties and cities that it shall deeigam 66 five of the judges so appointed as commissioners to ascer^ 67 tain the result of the election in the county or city from im 68 returns from the different precincts, and where there ar^ 69 political parties in the said county or city, then two of the 70 judges so named to act as commissioners, shall be design 71 nated from the judges recommended by the chairman of thd 72 Executive Committee of the political party of the county o^ 73 city that cast the greatest number of votes in said county or 74 city at the last preceding election, and two of said commis- 75 sioners shall be designated from the judges recommended 76 by the chairman of the political party of the county or ci^, 77 which cast next to the greatest number of votes in said 78 county or city at the last preceding election. Digitized by Google lEPORT OF COMMITTEE ON JUDICIARY, IN REFEIU ENCE TO THE JUDGE OF THE CORPORATION COURT IN CITIES HAVING LESS THAN FIVE THOUSAND INHABITANTS. b the Convention : The Committee on Judiciary, to whom the resolution intro- Qced by Mr. Anderson, of Rockbridge, in reference to the idges of cities haying less than five thousand inhabitants, was jferred, has had that matter under consideration, and begs aye to recommend that the following section be adopted as an ^dependent section, to be incorporated in the Constitution by 16 Committee on Final Revision, in its appropriate place : Section . The judge of the corporation court of any I corporation having a city charter, but less than five thousand i inhabitants, may reside outside its corporate limits ; and i the same person may be judge of such corporation court 5 and judge of the corporation court of some other city having i less than ten thousand inhabitants. ALFRED P. THOM, For Committee. Digitized by Google Digitized by Google AN ORDINANCE To provide for the registration of voters under this Constitution, and prior to the year nineteen hundred and four (1904). It is ordained as follows: TJntil the first day of January, nineteen hundred and four, all voters shall be registered in accordance with the requirements of this ordinance, as follows : Section 1. Registration shall be conducted in each magisterial dis- trict of every county, and in each ward of every city, by a board of regis- trars, composed of three competent citizens, resident in such district or ward, appointed as hereinafter provided, each of whom shall qualify by signing and filing with the clerk of the county court of their respective counties, or the corporation court of their respective cities, as the case may be, a paper signifying their acceptance of their appointment, and who shall hold office until the first day of January, nineteen hundred and four; except that in the city of Bristol there shall be only one board, composed of three competent citizens thereof. The board shall organize by electing one of its members chairman and another secretarj' of the board. If any person appointed refuse or fail to qualify by the first day of August, nineteen hundred and two, or to serve, or if a vacancy occur in such board, the judge of the county court of the county, or of the corporation court of the city, shall by appointment supply the place or fill such vacancy ; and such appointees shall qualify in the same manner as those appointed by this ordinance. For attendance upon the sessions of the board, each member shall re- ceive a compensation of two dollars per day. While actually engaged in the discharge of his official duties as to registration, each member of any such board shall have the authority and powers of conservators of the peace as defined by laws existing at the time this ordinance becomes operative. Sec. 2. Prior to the jRfteenth day of October, nineteen hundred and two, and again prior to the fifteenth day of October, nineteen hundred and three, there shall be a general registration in each of the counties, cities, and towns of the State; and each board of registrars for each district and ward, prior to each of the foregoing dates, shall convene and sit at some place' and time to be designated by it in each precinct in its district :>r ward, at least one day, from eight o'clock in the morning to sunset In the counties, and from twelve o'clock noon to nine o'clock P. M. in nties and towns, and at such other places within the district or ward IS may be convenient and necessary to complete the registration" of the Digitized by Google 2 RSOISTRATION BOARDS TOters. Each board may determine whether it will sit consecutiYdy for the period hereafter stated, or whether it will sit from time to time for such number of days within said period as it may determine. At the registration to be held prior to the fifteenth day of October, nineteen hundred and two, the aggregate number of days in which any board shall lit within any one district or ward shall not exceed fifteen days; and at the registration to be had in the year nineteen hundred and three, the aggregate number of days in which any board shall sit within any one district or ward shall not exceed ten days. The judge of the county oonit of a county, or of a corporation court of a city, may, on the motion of the board, extend the time for either of such registrations for a further period or time to be determined by such judge, and shall fix the d&p for such registration. The board shall give at least twenty days' notice of the time and place or places at which it will open books for registration at any precinct, by bills posted at five or more public places in the precinct, and also b; weekly advertisement for two successive weeks in a newspaper, if one be published in the county or city, and in such other manner as it may deem expedient, and where the books are opened for more than one pre- cinct, or for the whole district or ward, then like notice of the time and place shall be posted in five or more public places within each precinct, for which such registration is held, and advertised by publication as aforesaid. Sec. 3. The board shall register all persons who apply for registration, entitled to register under this Constitution, prior to January the first, nineteen hundred and four, and none others; and it shall have power to administer oaths to, and examine under oath, any applicants and wit- nesses, and to receive evidence and hear testimony touching qualifications for registration. The act of a majority of its members shall be the act of the board; and a majority of the members shall constitute a quorum for the trans- action of all business. Sec. 4. The board shall record in suitable books, hereinafter provided for, in alphabetical order, the names of all persons registered, the dat? of birth and registration, their occupation and residence. Separate books, in duplicate, for white and colored voters shall be kept for &lA precinct ; one of each of which shall, after the completion of each regis- tration, be forwarded by the chairman of the board to the clerk of the county court of the county, or of the corporation court of the city, to be copied in a proper book and preserved in his office. Until January the first, nineteen hundred and four, the board shall have the custody and keeping of the other duplicate of said r^istratioi Digitized by Google RSQI8TRATI0N BOARDS 3 books; but, a reasonable time before the elections to be held in nineteen hundred and two and nineteen hundred and three, the books for each precinct shall be delivered to the judges appointed at such precinct to conduct said elections, and they, a reasonable time after said elections, shall return the books to said board. After the first day of January, nineteen hundred and four, the board fihall deliver the registration books to the proper registration officers designated by law. At the completion of every registration conducted by it, each member of the board shall sign, and certify the accuracy of the same on oath, upon the registration books. Sec. 5. Until the first day of January, nineteen hundred and four, if any person so registered shall move to another precinct, he shall be entitled to register therein on the permanent roll, upon a transfer issued by the secretary of the board, before which he last registered; and a note of such transfer shall be made by the said secretary upon the permanent roll in his possession. Sec. 6. Any person who, upon his examination, shall wilfully make a false statement of any material fact affecting his qualifications as a voter, shall be guilty of perjury, and, upon conviction thereof, shall for- feit for life his right to vote. Sec. 7. Any person denied registration shall have the right to appeal, without payment of writ tax or giving security for costs, to the circuit court of the county or to the corporation court of the city, in which he offers to register, or to the judge thereof in vacation, by presenting to such court or judge, within ten days thereafter, a petition in writing to have his right to register determined, containing a statement of the facts proved before said board ; to which the board shall make answer in writ- ing. The matter shall be heard and determined upon such petition and answer, and such evidence as may be introduced in support thereof. Such proceedings shall take precedence over all other business of the said court or judge, and shall be heard as soon as possible. Upon the filing of such petition, the clerk of the court shall at once give notice to the Commonwealth's attorney for his county or city, whose duty it shall be to appear and defend against said petition in behalf of the State. Judgment in favor of the petitioner shall entitle him to registration. From judgment rendered against him, a writ of error shall lie to the Supreme Court of Appeals in favor the petitioner. Sec. 8. The Secretary of the Commonwealth shall have prepared suit- able books for the registration of voters and forward them to the clerk of the county court of each coimty, and to the clerk of the corporation Digitized by Google 4 REGISTRATION BOARDS court of each city, to be by them distributed to the geveral boards of registrars of their respective counties and cities. The books shall be so spaced and ruled as to provide for the con- venient entry of the number and name of the voter, in alphabetical order, his age, occupation, residence, length of time he has resided in the State and county and precinct, and, if a naturalized citizen, the date of his naturalization papers and the court by which issued, if known; and, if registered as a voter exempt from the payment of a poll tax as a prerequisite to the right to vote, under section twenty-two of the Con- stitution, for the statement of that fact. It shall be the duty of the Secretary of the Commonwealth, before the twentieth day of July, nineteen hundred and two, to forward to each of the persons chosen by the Convention as members of the several boards of registration, a certificate showing that such person has been so chosen, which certificate shall be evidence of the facts therein stated. Upon the receipt of such certificate, the member of the r^istration board named therein shall signify his acceptance in writing to the clerk of his county, or the clerk of the hustings or corporation court of hi§ city, upon blanks to be furnished by the Secretary of the CommonwetltL The Secretar}' of the Commonwealth shall, with said certificate, send to each member of said board a copy of the Constitution and of this regis- tration ordinance. Sec. 9. On or before the first day of September, nineteen hundrd and two, the treasurer of each county and city shall furnish to the board of registrars of each district or ward of his county or city, a certified hst containing the names of all persons within such district or ward who, for the year nineteen hundred and one, have paid as much as one dollar in state tax for property owned by and assessed against them; and, on or before the first day of September, nineteen hundred and three, the said treasurers shall furnish to said boards a similar list of those who, for the year nineteen hundred and two, have paid as much as one dol- lar in state tax for property owned by and assessed against them. Sec. 10. The books and blank forms to be prepared by the Secretary of the Commonwealth shall be provided at the expense of the State ; but all other costs and charges of registration, including postage, stationery, and publication of notices, shall be defrayed by the countiee and eiti^ in which such registration is held. Sec. 11. To conduct the registration provided for in this ordinance, the persons whose names appear below shall be, and they are hereby appointed, members of the board of registrars for the several magis- terial districts and wards of the several counties and cities, as follows: Digitized by Google REGISTRATION BOARDS ACCOMAC COUNTY. Pungoteague Magisterial District.— William T. Mason. H. E. Wescott. William M. Turlington. Lee Magisterial District,— Thomas C. Kellam. Robert P. Coleburn. Wilbur J. Milliner. Metompkin Magisterial District, — Joseph R. Riggs.i J. Harry Rew. Albert J. Rew. Atlantic Magisterial District.— S. J. Revell, A. Clinton Matthews. James B. Anderton. Islands Magisterial District,— John A. M. Wheelton. William J. Matthews. A. Frank Matthews. ALBEMARLE COUNTY. Scottsville Magisterial District.- James S. Harris. James Starke, T. E. Wil- hoit Samuel Miller Magisterial District,— A. S. Watson. F. H. Via. C* E. Gay. Whitehall Magisterial District,— Charles L. Wayland, Thomas White. William Z. Catterton. Ivy Magisterial District.— S. A. Calhoun, Peter W. Garland, Henry G. White. Charlottesville Magisterial District,— Bartlett Boiling, John H. Barksdale, M. R. Taylor. Rivanna Magisterial District,— H. E. Magruder, William H. Bowcock, W. A. Marshall. ALEXANDRIA COUNTY. Washington Magisterial District,— William N. Febrey, George Ott Wunder. R. C. L. Moncure. Arlington Magisterial District,— Curtis B. Graham, William Ball, W. W. Doug- lass. Jefferson Magisterial District, — John W. Varney, Frank Hume, John W. Slater. ALLEGHANY COUNTY. Boiling Spring District,— C. B. Hunter, D. J. Callaghan, J. H. McDevitt Covington District,— W. A. Rinehart, H. A. Faulconer, W. E. Allen. Clifton District, — George W. Warren, H. E. Meeks, Robert Robinson. AMELIA COUNTY. Leigh Magisterial District,- John T. Southall, C. C. Farley, George A. Wiley. Giles Magisterial District,— W. E. Griffith, Bradley S. Johnson, N. W. de Krafft Jackson Magisterial District,— M. J. Oliver, E. N. Hamner, R. W. Blanton. AMHERST COUNTY. Amherst Courthouse Magisterial District, — C. B. Christian, B. R. Harrison, O. Frank Powell. Temperance Magisterial District,— T. C. Payne, W. T. Watson, Ed. Lee Ful- cher. Pedlar Magisterial District,— T. B. Wood, H. R. Crist, M. B. Kyle. B3on Magisterial District,— I. P. Whitehead, P. C. Cabell, W. E. Powell. Digitized by Google 6 REGISTRATION BOARDS APPOMATTOX COUNTY. South Side Mag isterial District.— R. F. Burke» F. L. Martin, A. H. HowertOB. Clover Hill Magisterial District.— W. P. Oills. E. P. Sears. J. W. Clark. Stonewall Magiffterial District.— T. J. Stratton, C. H. Coleman. N. R. Feathe^ stone. AUGUSTA COUNTY. South River Magisterial District,— C. Benton Coiner, John T. Smith. Samud B. Harper. North River Magisterial District.- E. G. Crist, M. Bruce Whitmore, C E Fulton. Beverly Manor Magisterial District— W. P. Gay, W. A. McComb. C. P. NeeL Riverheads Magisterial District.— J. Marshall McClure, S. A. D. McKee. Q. Lewis Clemmer. Middle River Magisterial District.— James T. ^err. Samuel H. McCue. Johi S. Richey. Pastures Magisterial District.— James W. Seig, D. F. Hoover, John W. Moat" gomery. BATH COUNTY. Warm Springs Magisterial District,— S. W. Anderson. William M. McAllister, J. W. Harper. Cedar Creek Magisterial District,— William G. Payne, C. W. Richardsoa. George H. Chaplin. Crawford Mill Magisterial District,— Jasper N. Bradshaw, Robert M. McCHa- tic, George W. Wallace. Millboro Magisterial District,— John S. Dickinson, H. R. Lowman, Stonewall Jackson Armentrout BEDFORD COUNTY. Central Magisterial District,— John M. Early, S. R. Watson, W. R. Abbot, Jr. Lisbon Magisterial District,— F. C. Otey. H. L. Caldwell, Gordon Cofer. Chamblissburg Magisterial District,— J. W. NImmo, William H. Powers, Joseph P. Wright. Staunton Magisterial District, — Pinckney Anthony, John W. Hubbard. C. E. Carter. Otter Magisterial District,— Henan T. Witt, Thomas G. Read, William H. Wright. Bellevue Magisterial District,— T. T. Patterson, Thomas W. White, J. P. Cannada. Forest Magisterial District,— Amandus N. Walker, Jr., A. W. Scott, Weningtoa Ogden. Charlemont Magisterial District,— William P. Burks, J. T. Noell. R. H. Parki. BLAND COUNTY. Sharon Magisterial District,- W. B. Allen, Wythe G. Waddle, Luther Scott Sedden Magisterial District^R. C. Green, L. F. Grayson, Thomas Dunn. Mechanicsburg Magisterial District,— W. H. G. Harmon, Meek Tickle, John 0. Mustard. Rocky Gap Magisterial District— Frazier Stowers, John E. Shrader, Geotfe Stowers. Digitized by Google REGISTRATION BOARDS 7 BOTETOURT COUNTY. Amsterdam Magisterial District,— Marshall Frantz, Thomas Gross, J. F. Gardner. Fincastle Magisterial District.— C. W. Woltz, C. W. Rudisill, M. S. CahooH. Buchanan Magisterial District,— W. M. Brewbaker, U. H. Hyde, Charles L. Williamson. BRUNSWICK COUNTY. Powellton Magisterial District,- Ira W. Mitchell, S. P. Carpenter, A. S. Rair- llngs. Meherrin Magisterial District,— P. H. Rawlings, G. B. Harris, N. S. Jones. Red Oak Magisterial District,— John Haskins, U. S. Samford, S. J. Wallace. Sturgeon Magisterial District,— D. C. Thomas, W. W. Doyle, James A. Browder. Totaro Magisterial District,— W. T. Sledge, W. O. Lashley. S. E. Williams. BUCHANAN COUNTY. Grundy Magisterial District,— Alex. Runyons, W. P. McGlothin, John A. Mo- Clanahan. Garden Magisterial District,— William B. McNiel, W. W. Horton, Emmett Combs. Rock Lick Magisterial District,— Joseph L. Elswick, John W. Lee, Miles Mis- wick. BUCKINGHAM COUNTY. Mayesville Magisterial District,— J. T. Rogers, L. C. Moseley, P. A. Grigg. CurdBville Magisterial District,— Mathew J. Cox, J. T. Bransf ord. J. W. Farley. Slate River Magisterial District, — M. L. A. Moseley, Robert B. Agee, G. W. Patterson. Marshall Magisterial District,— Robert H. Miller, T. R. Shaw, Julian Smith. Francisco Magisterial District,- W. C. Trent, J. O. Morris, E. C. Wooldridgs. James River Magisterial District, — ^J. E. Carter, W. P. Ellis, Price Glover. CAMPBELL COUNTY. Rustburg Magisterial District, — ^Frank Nelson, Adam Clement, G. A. Coleman. Seneca Magisterial District,— Mark Anthony, R. C. Hawkins, W. T. Oaks. Falling River Magisterial District,— L. C. Asher, Thomas Whately, R. E. Ma«- grove. Otter River Magisterial District,- Thomas Dillard, Clark M. Kabler, W. W. DriscoU. Brookvllle Magisterial District,— H. C. Featherstone, N. J. Floyd, J. T. Fal- well. CAROLINE COUNTY. Madison Magisterial District,— D. J. Waller, G. Allensworth, W. M. Oliver. Reedy Church Magisterial District, — Clarence Bowers, Arch Samuel, T. R. Campbell. Bowling Green Magisterial District,— S. W. Broaddus, Eugene Pitts, J. H. Martin. Port Royal Magisterial District,- J. B. Washington, C. B. Conway, R. C. Thornton. Digitized by Google 8 EBGISTRATION BOARDS CARROLL COUNTY. Pine Creek Magisterial District,— James Dalton, George W. Hyatt, S. A Smith. Laurel Fork Magisterial District,— C. M. Marshall, W. L. Utt, Franklin Braai- come. Fancy Gap Magisterial District,— M. T. C. Mitchell, Friel Hawks. John A Jones. Piper Gap Magisterial District,— Thomas J. Huffman, E. P. Givens, James W. Edwards, Jr. Sulphur Springs Magisterial District,— Adonijah Lineberry, W. K. Eariy, N<»^ man Gwynn. CHARLES CITY COUNTY. Harrison Magisterial District,— L. A. Marston, W. D. Bamett, Allen Walker. Tyler Magisterial District,— Thomas W. Wilcox, Thomas L. Christian, John R. WaddUl. Chickahominy Magisterial District,— E. H. Slater, Stanley Parsons, W. L. Wilkinson. CHARLOTTE COUNTY. Madison Magisterial District,— John D. Shepperson, Walter S. Pogh. G. W. Berkley. Walton Magisterial District,- James C. Watkins, Lee W. Morton, J. H. Priddy. BaQ.on Magisterial District,- Berkley D. Adams, Stith Barksdale, Charles M. Broocks. Roanoke Magisterial District,- Frank B. Watkins, Henry W. Harvey, Henrj C. Marshall. Midway Magisterial District,- W. G. Cabannis. J. W. Gilchrist, T. A. Wilkes. CHESTERFIELD COUNTY. Dale Magisterial District,- John Penn Taylor, E. A. Swineford, A. J. Gin. Clover Hill Magisterial District,- Julian A. Salle, Wilfred Ira Robertson, Ur cius A. Sims. Midlothian Magisterial District, — Selwyn Hancock, John A. Lester, C Q. Whitworth. Matoaca Magisterial District,— W. A. Blankingship, R. E. Eanes, Waverly S. Ivey. Manchester Magisterial District,— B. P. Owen, Jr., Daniel Bliley, L W. Cheatham. Bermuda Magisterial District,— Charles N. Friend, D. M. Walker, Samuel L. Perdue. CLARKE COUNTY. Greenway Magisterial District, — George C. Meade, Turner Russell, SL E Reardon. Chapel Magisterial District,- A. V. Neville, Samuel J. Wiley, Charles JoneL Battletown Magisterial District, — George C. Shepherd, Thomas Elses, J. H. Powers. Long Marsh Magisterial District,— B. F. Foley, F. H. Pierce, William Mfr Donald. ^ . Digitized by Google SBOI8TRATI0N BOARDS 9 CRAIG COUNTY. Newcastle Magisterial District,— Samuel L. Ruble, William A. Charlton, James H. Caldwell. Alleghany Magisterial District,— Daniel L. Huffman, Robert A. Eakin, W. P. B. Lipes. SimmonsYille Magisterial District, — ^Albert Troutt, A. McHenry Caldwell, Miles L. Givens. CULPBPER COUNTY. Stevensburg Magisterial District,— Leon Nalle, John M. Shackelford, D. Wright KeUy. Cedar Mountain Magisterial District, — Daniel A. Slaughter, James W. Gar- nett, W. Alexander Taliaferro. Catalpa Magisterial District,— Lewis P. Nelson, Jr., John R. Duncan, Alex- K. Wood. Salem Magisterial District,- John M. Lewis, Frederick E. Porter, Thomas C» Howard. Jefferson Magisterial District,— W. G. Crigler, F. L. Campbell, Robert R. Dun- can. CUMBERLAND COUNTY. Randolph Magisterial District,— B. W. L. Blanton, A. J. Smith, Thornton Holman. Madison Magisterial District,— Paul McRae, W. L. Guthrie, Jr., J. L. Foster. Hamilton Magisterial District, — E. J. Harrison, W. J. Jennings, C. R. Saun- derson. DICKINSON COUNTY. Cllntwood Magisterial District,— John W. Kerr, N. B. French, W. L. Brown. Willis Magisterial District,— J. M. Artrip, S. H. Senter, George Davis. Ervlngton Magisterial District,— R. W. Ervin, H. K. Hlllman, David Smith, Sn Kenady Magisterial District,— Ira Boggs, John W. Hill, Robert Lee Mullins. Sand Lick Magisterial District.— T. K. Colly, R. D. Sutherland, K. L. Colly. DINWIDDIE COUNTY. Rowanty Magisterial District,— John Y. Harris, James W. Boisseau, William F. Baugh. Namozlne Magisterial District,- J. C. Smith, Andrew Meade, H. C. Lovett Darvllles Magisterial District,— E. S. Hobbs, E. W. Hudglns, J. A. Frayser. Sapony Magisterial District,- E. C. Powell, C. E. Abemathy, J. P. Atkinson. ELIZABETH CITY COUNTY. Cliesapeake Magisterial District,— H. H. Holt, LeGrande Donohoe, David Johnson. Hampton Magisterial District,— S. Gordon Cumming, F. W. Sheild, J. Wilton Hope. 'Wjrthe Magisterial District,- Sidney J. Dudley, T. H. Parramore, Scott Wood. ESSEX COUNTY. Occnpacla Magisterial District,— W. A. Gresham, Henry Waring, B. B. Spin- dle. Digitized by Google 10 KKGISTBATION BOARDS Central Magisterial Diatrict,— R. C. McDonald, B. C. Rennolds. C. S. SmltL Rappahannock Magisterial District^R. G. Camthom, R. H. Seward. R. E DlUard. FAIRFAX COUNTY. Falls Church Magisterial District,— George Auld, James M. Mason, George A. Brunner. Proyidence Magisterial District,— W. P. Moncure, R. E. Berry, John R. Staart DranesYille Magisterial District— J. H. Hnrst, George W. Gunnell, Robert L. Harrison. CentenriUe liagisterial District.— James P. Machen, Sr., J. R. M. Gheen, Jobs M. Ford. Mount Vernon Magisterial District,— R. C. Triplett, R. W. GaiUard, Frank Reid. Lee Magisterial District,— Henry D. Rice, Frank Wooster, John W. Raney. FAUQUIER COUNTY. Centre Magisterial District,— L. C. Andrews, W. F. FoUin, R. C. Murphy. Scott Magisterial District,— H. H. Hulflsh, H. S. Haines, W. A. Ruck«r. Marshall Magisterial District,- R. I. Russell, John M. Ashhy, Ogden Wood. Lee Magisterial District,— W. 8. Herroll, T. T. Jones, John K. Taliaferro. Cedar Run Magisterial District,— W. 0. Bower, S. M. Lomaz, H. P. Waits. FLOYD COUNTY. Courthouse Magisterial District,— William Pendleton, L. W. Hylton, Charlee Thomas. Burks Fork Magisterial District,— C. F. Page, W. H. Willis, J. E. BurwelL Indian VaUey Magisterial District,— H. C. Hall, Henry Strong, J. L. Kenley. Alum Ridge Magisterial District,— H. H. Earles, H. M. Boothe, Wade Thomp- son. Little River Magisterial District,— W. H. Harman. T. L. Robinson, B. Dickw- son. Locust Grove Magisterial District,- W. L. Reed, J. H. Shockey, T. H. Walters. FLUVANNA COUNTY. Columbia Magisterial Di8trict,-^ames McC. MUler, John W. Holland, R. C. Bowles. Palmyra Magisterial District,- J. Flint Omohundro, J. Walter Shiflett. George Minor Winn. Fork Union Magisterial District,- R. J. Snead, A. S. Burgeaa, Virgil Andersoa. Cunningham Magisterial District,- B. W. Taylor, W. J. Kent, M. O. Davis. FRANKLIN COUNTY. Rocky Mount Magisterial District,— W. T. McGhee, C. P. Preston, W. D. Mar- tin. Snow Creek Magisterial District,— T. J. Belcher, Thomas D. Frith, W. P. F. Lee. Union Hall Magisterial District,— D. H. Berger, Charles Hodges, W. D. HajML Gills Creek Magisterial District,— A. W. Hutcherson, J. H. Ferguson, L. U. Wright Boubrook Magisterial District,— R. A. Lovelace, M. D. Martin, John H. Moors. Digitized by Google REGISTRATION BOARDS U Little Creek Magisterial District.— Tazewell Helms. J. W. Angell, Leslie Bell. Maggodee Magisterial District— J. O. Abshire. C. W. Mills. Berkley Price. Blackwater Magisterial Disti'ict.— E. C. Akers. C. T. Jamison, William E. Price. Long Branch Magisterial District,— Hughes D. Cannady, S. T. Thomas. W. A. Thompson, Jr. Brown Hill Magisterial District,— S. J. Prillaman, C. L. Ross, D. A. Nicholson. FREDERICK COUNTY. Shawnee Magisterial District.— John M. Silver, David Carpenter. R. J. Wig- ginton. Opequan Magisterial District,— Briscoe Shull. W. T. Birmingham. Hugh Funk. Back Creek Magisterial District.— T. W. Morrison. Meredith Anderson. J. W. Himmelwright Gainsboro Magisterial District. — R. L. Omps, Jonah Tavenner, John W. Har per. Stonewall Magisterial District,— Clark Purcell. A. Pine, William Timberlake. GILES COUNTY. Pearisburg Magisterial District,— E. S. Dennis, S. W. Preston, Charles D. French. Pembroke Magisterial District. — Albert Angel, Harve Phlegar, Arthur Snidow. Walker's Creek Magisterial District,— S. B. Shannon, S. R. Crockett. T. S. Taylor. Newport Magisterial District.— G. T. Porterfield, Albert Price, John S. Dowdy. GLOUCESTER COUNTY. Petsworth Magisterial District,- T. F. Perry, W. C. Stubbs, J. D. Stubbs. Ware Magisterial District,— W. A. Robins, A. M. Pointer, Rex Hinkle. Abingdon Magisterial District,— J. T. Mills, H. L. Bridges, J. W. Pointer. GOOCHLAND COUNTY. Dover Magisterial District,- Henry S. Holland, J. V. Bowles, Leroy D. Ellis. Licking Hole Magisterial District,- David B. Harris, Julian Kean, H. H. Hoye. Byrd Magisterial District,- James M. Trice, Robert Fisher. Arthur W. Jamee. GRAYSON COUNTY. Elk Creek Magisterial District,— W. M. Warren, F. H. Ward, B. Scott Hale. Wilson Magisterial District— J. A. Phipps, A. N. Hash, A. W. Wagg. Old Town Magisterial District,— Andrew Carico, And. J. HIggins, W. R. Duf- phey. GREENE COUNTY. Standardsville Magisterial District,— E. D. Davis, B. P. Runkle, George W. Shelton. Ruckersville Magisterial District,— R. B. Simpson, J. D. Yowell, John K. Douglas. Monroe Magisterial District,— Thomas J. Chapman, John D. Early. J. H. Wil- liams. Digitized by Google 12 REGISTRATION BOARDS ORBENESVILLB COUNTY. Belfleld Magisterial District,— R. H. Short, Henry Maclin, J. E. Ereret Hicksford Magisterial District, — J. H. Robinson, J. J. Gamer, J. F. Powell Zion Magisterial District— Harry Taylor, J. H. Lifsey, Ernest Lashly. HALIFAX COUNTY. Baniater Magisterial District,— S. J. Slate, J. M. Carrington, W. Holt Ed- munds. MeadSTille Magisterial District,— Armstead Barksdale, Jr., J. Carter Glass, T. E. Dickerson. Mt Carmel Magisterial District— A. E. Wilklns, A. A. Owen, J. H. Brandon. Red Bank Magisterial District,— W. W. Tuck, John T. Torian, R. A, Singleton. Birch Creek Magisterial District,— C. D. Barksdale, E. B. Wimbish, S. T. A Kent Roanoke Magisterial District— C. A. Gregory, Howell C. Lacy, Tucker C Watkins. Staunton Magisterial District— John W. Cousins, E. Y. Wimbish, T. F. De- Jamette. Black Walnut Magisterial District— W. C. Slate, G. T. Crowder, C. M. Jordon. HANOVER COUNTY. Beaver Dam Magisterial District— William D. Wickham, John Campbell E C. Redd. Ashland Magisterial District— M. P. Howard, W. C. Taylor, H. L. Quarles. Henry Magisterial District— F. H. Holladay, Thomas R. Fuller, F. S. Beale. HENRICO COUNTY. Varina Magisterial District — John A. Archer, A. L. Comwell, Thomas Guy. Tuckahoe Magisterial District— H. B. Haley. L. P. Michaels. John T. Nuckoli. Fairfield Magisterial District— Thomas J. Carter, W. T. Crawford, Hugh D. Smith. Brookland Magisterial District— Marshall F. Burton, Haryie D. Goddin. J. W. Penick. HENRY COUNTY. Martinsville Magisterial District,— C. B. Bryant H. W. Jamerson, W. R Hair«- ton. Ridgeway Magisterial District— J. B. C. Ambrose, L. A. Starling, A. R Poin- dexter. Horse Pasture Magisterial District,— W. B. Clark, S. W. Marshall. D. M. Fry. Leatherwood Magisterial District— T. G. Minter, J. M. Eanes. M. B. Hinter. Reed Creek Magisterial District,— Thomas R. Winn, George W. Davis. Su John W. Miles. Irlsburg Magisterial District— H. M. Land. D. F. Dunlop, W. O. Gravely. HIGHLAND COUNTY. Stonewall Magisterial District— John O. Armstrong, W. R. Siron, H, T. Bradshaw. Monterey Magisterial District.- S. B. Seig, John A. WWtelaw. Don. Sulleo- berger. Blue Grass Magisterial District- John K. Kramer, E. W. Armstrong, Samuel A. Gilmore. L Digitized by Google REGISTRATION BOARDS 13 ISLE OP WIGHT COUNTY. Windsor Magisterial District,— R. B. White, Jack Saunders, C. F. Jojrner. Newport Magisterial District,— J. E. White, John W. Gray, George H. Parker. Hardy Magisterial District,— Turner S. Reynolds, W. D. Gwaltney, William B. Howie. JAMES CITY COUNTY. Jamestown Magisterial District,— Jacob Vaiden, William Lee, B. S. Scott, Jr. Stonehouse Magisterial District,— R. E. Taylor, D. W. Marston, George W. Bacon. Powhatan Magisterial District,— H. W. Wynne, Joseph Bush, F. C. Stewart. KING GEORGE COUNTY. Rappahannock Magisterial District,— H. Potts, Henry Hunter, Allen Smith. Potomac Magisterial District,- H. T. Garnett, R. W. Coakley, Dangerfield Ashton. Shlloh Magisterial District,^J. G. Taliaferro, C. H. Purks, Alexander Pratt KING AND QUEEN COUNTY. Newton Magisterial District,— R. D. Bates, J. R. Fleet. W. S. Hill. Stevensville Magisterial District,— I. F. Drain, R. D. Allen, A. H. Eubank. Buena Vista Magisterial District,— Llewellyn Courtney, H. W. Bland, J. R. F. Vaughan. KING WILLIAM COUNTY. West Point Magisterial District,- Henry Corr, I. H. Richards, I. B. Green. Acquinton Magisterial District,— William Edwards, John H. Haw, A. B. Willis. Mangohick Magisterial District,— Joseph H. Gwathmey, M. D. Sizer, John R. Redd. LANCASTER COUNTY. Wblte Stone Magisterial District,- Joseph B. Cralle, William M. Kirk, Frank G. Newbill. Mantua Magisterial District,— William J. Barker, Herbert P. Hall, Robert 0. Norris, Jr. White Chapel Magisterial District,— William H. Jesse, James P. Saunders, William A. Saunders. LEE COUNTY. Rose Hill Magisterial District,— James H. Humphreys, T. S. Snarely, John P. Speak. Wlilte Shoals Magisterial District, — John F. Headen, Josephus Grabeel, James B. Smith. JonesYille Magisterial District.— C. P. Brown, J. P. Albert, Charles J. Robi- nett Rocky Station Magisterial District,— James M. Durham, A. K. McClure, James B. Kirk. Tokum Station Magisterial District,— J. B. Wolfe, J. K. P. Barron, James Smith. Digitized by Google 14 REGISTRATION BOARDS LOUDOUN COUNTY. Broad Run Magisterial District,— W. L. Ferguson, Converse Bridges, J. W. Johnson. Jefferson Magisterial District,— F. J. Beans, J. 0. Potts, 0. Q. Gregg. Mount Gilead Magisterial District,— W. A. McFarland, J. R. Marshall, J. B. Vansickler. Mercer Magisterial District,— W. R. Keelen, John D. Moore, Henry Saffle. LoyettSYille Magisterial District,— H. T. Potterfield, C. W. Byerhart, Hamptra Vlrta. Leesburg Magisterial District,— C. F. Daily, J. E. Kidwell, William Gaines. LOUISA COUNTY. Green Springs Magisterial District,— William McComb, William Orerton, J. W. Flanagan. Louisa Courthouse Magisterial District,- N. T. Garth, Romulus Poors, Frede- rick Kean. Cuckoo Magisterial District,— William Kean, Robert N. Harris, T. E. Betk- ham. Jackson Magisterial District,- R A. Trice, Anthony Goodwin, George F. Harrison. LUNENBURG COUNTY. Loch Leven Magisterial District,— Wellington Featherston, S. J. Hite, Wtlter Neblett Columbian Grove Magisterial District, — ^R. Lee Thomas, W. H. Hawthorne. S. H. Love. Brown's Store Magisterial District,— Theodore Orgain, Garland Bailey, L. J. Hamlin. Lewiston Magisterial District,- J. T. Waddill, Lula Gee, Austin Fowlkes. Rehoboth Magisterial District,— W. A. Bigger, S. A. Harding, E. J. Gregorf. Pleasant Grove Magisterial District,- W. N. Love, W. Y. Fowlkes, J. A Shackleton. MADISON COUNTY. Robertson Magisterial District,— Charles O. Simms, J. N. Clore, J. L. Fray. Rapldan Magisterial District,— C. B. Kite, John W. Price. W. L. Payne. Locust Dale Magisterial District,— Lester Hill, C. D. Twyman, John R Graveft. MATHEWS COUNTY. Chesapeake Magisterial District, — F. W. Jarvis, J. A. Weston, Alexander James. Westville Magisterial District.— John J. Burke. R. L. McCready, B. M. Diggs. Piankitank Magisterial District,— Stephen Adams, Charles S. Williams. Prank R. Landon. MECKLENBURG COUNTY. Boydton Magisterial District,- James L. Toon, H. L. Turpin, R R JdTreya. Blue Stone Magisterial District.— M. Garnette Russell, T. Y. Allen, Henrj A Walker. Digitized by Google KKOISTRATION BOARDS 15 Oiase City Magisterial District,— Lucius aregory, J. Jordan Mason, T. E. Roberts. Backliom Magisterial District,— H. L. Petty, S. B. Johnson, James P. Reekes. South Hill Magisterial District,— John E. Mathews, Robert J. Northington, B. B. Smith. Flat Creek Magisterial District,— W. Andrew Blam, W. R. Baskervill, Richard A. Elam. Palmer's Springs Magisterial District,— S. L. Graham, B. L. Haskins, George L. Hayes. ClarkSYllle Magisterial District,— Lewis B. Gillilland, Jr., R. W. Elam, J. 0. Rainey. MIDDLESEX COUNTY. Jamaica Magisterial District,— W. E. Kain, George R. Northam, Burke Rich- ardson. Saluda Magisterial District, — John R. Femeyhough, Herbert L. Smither, R. B. Segar. Pine Top Magisterial District,— E. W. Bristow, F. E. Topping, James Grennels. MONTGOMERY COUNTY. Alleghany Magisterial District,- E. H. Taylor, Edward D. Colhoun, D. C. Lan- caster. Auburn Magisterial District, — P. H. Kinser, Warren L. Carper, John Sarles. Blacksburg Magisterial District, — Byrd Anderson, J. R. K. Cowan, Howe Brown. Christiansburg Magisterial District,— Jesse A. Miller, R. D. M. Charlton, G. W. Fagg. NAN8EM0ND COUNTY. Sleepy Hole Magisterial District,— James Arthur, John S. Bond, Reginald Wrtght Chuckatuck Magisterial District,— James P. Rives. C. F. Pinner, A. W. Bal- lard. Holy Neck Magisterial District,— E. B. Britt, J. K. P. Daughtrey, John F. Rawls. Cypress Magisterial District,— M. F. Lloyd, A. C. Milteer, Fairlee Brinkly. NELSON COUNTY. LoYingston Magisterial District, — John L. Snead, T. 3> M. Perkins, Coleman J. Cabell. Massie's Mill Magisterial District,— George W. Whitehead, John I. Loving, William H. Hight Rockfish Magisterial District,— Hudson Martin, T. L. Kent. Jr., W. N. West NEW KENT COUNTY. Black Creek Magisterial District,— R. W. Hollins, J. R. Dobson, Gregory W. Fisher. ^ St. Peter's Magisterial District,- J. P. Smithie. George Sweet, George Mount- castle. Digitized by Google 16 RKOI8TBATION BOARDS Cumberland Magisterial District,— R. D. Ck>ok, Norwood Apperson, H. C. Tiy- lor. Ware Creek Magisterial District,— Sylyanus Qoddin, Robert Boswell, wmiui F. Martin. NORFOLK COUNTY. Washington Magisterial District,— M. C. Keeling, J. P. Jack8ttsburg Magisterial District,— Giles F. Eubank, Slater Cowart, Charles U. Warner. HeathsviUe Magisterial District,— J. A. Rice, W. D. Cockrell, Samuel E. Head- ley. Fairflelds Magisterial District,— J. W. Tankard, Morean Blackwell, A. F. Rica Wicomico Magisterial District,— Edgar Blackwell, Warner Hurst, Oscar Kent NOTTOWAY COUNTY. Bellefonte Magisterial District,— Richard Belville, B. E. Cobb, Irby Moncure. Blendon Magisterial District,- John B. Tuggle, Thornton Jeftress, C. D. Epes. Winningham Magisterial District,— W. T. Warriner, E. F. Lockett, D. P. M^ Cormick. Haytokah Magisterial District,- W. H. Jeffress, J. L. Vaughan, wmiam & Green. • ORANGE COUNTY. Barbour Magisterial District,- Bennett Bledsoe, George E. Head, E. R Rohr. Madison Magisterial District,— W. O. Blakey, R. D. Browning, E. C. Cook. Taylor Magisterial District,— P. L. Jackson, G. E. Waugh, James Duncan. Gordon Magisterial District,- P. M. Gibbs, Lindsay Almond, T. B. Morris. PAGE COUNTY. Shenandoah Iron Works Magisterial Di8trict.^Thomas M. Keyser, Geor^ A. Keyser, Isaac Shuler. Digitized by Google KEGI8TRATION BOARDS 17 MarkSTllle Magisterial District,— Thomas J. Graves, John H. Cave, J. W. Long. Luray Magisterial District,--R. C. Bragonier, N. B. Smith, John A. Ellis. Springfield Magisterial District,— W. H. Griffith, L. C. Kibler, George W. Keyser. PATRICK COUNTY. Mayo River Magisterial District,— R. L. Joyce, J. R. Boaz, John P. Tatum. Dan River Magisterial District,— R. H. Dunkley, D. G. Smith, S. G. Dobyns. Smith's River Magisterial District,— A. C. Turner, William P. Thompson, J. F. Reynolds. PITTSYLVANIA COUNTY. Banister River Magisterial District, — H. P. Ferguson, Samuel F. Brown, Samuel R. Stone. Callands Magisterial District, — James M. Francis, H. E. Clements, M. A. Par- rish. Chatham Magisterial District,- J. Lawson Carter, James A. Davis, Henry C. Allen. Dan River Magisterial District,— Jesse I. White, Edward Williams, R. L. Dod- son. Pigg River Magisterial District,— A. C. Owen, C. Q. Edwards, W. Tazewell Jefferson. Staunton River Magisterial District, — H. Clay Harvie, Samuel L. Smith, John D. Glenn. Tunstall Magisterial District,— Samuel H. Boyd, B. F. Garrett, Thomas J. Robertson. POWHATAN COUNTY. Hugenot Magisterial District,— William A. Winfree, David E. Harris, S. Lee Dance. Spencer Magisterial District,— Enders Word, James Polk Simpson, R. R. Lee. Macon Magisterial District, — George S. Hurt, James P. Steger, Joseph Hobson. PRINCE EDWARD COUNTY. Hampden Magisterial District, — ^R. E. Stokes, Samuel Lacy, George W. Redd. Lockett Magisterial District,- B. H. Ligon, W. L. Clark, E. T. Bondurant Farmville Magisterial District,— A. R. Venable, Jr., W. H. Richardson, Peter Winston. Leigh Magisterial District,— J. J. Gilliam, W. S. Dance, L. D. Jones. Buffalo Magisterial District,— J. P. Glenn, Charles A. Morton, W. B. Binford. PRINCE GEORGE COUNTY. Templeton Magisterial District,— C. N. Lee. Thomas Temple, J. H. Hatch, Jr. Rives Magisterial District,— R. T. Reese, W. H. C. Spicer, Frank B. McCann. Blackwater Magisterial District,— T. A. Brown, F. A. Epps, J. C. Fenn. Bland Magisterial District, — George J. Boisseau, J. F. James, Thomas A. Munt Brandon Magisterial District,— Mann Page, George T. Darricott, N. H. Burrow. Digitized by Google 18 REGISTRATION BOARPS PRINCESS ANNE COUNTY. Kempsville Maglvterial District,— T. H. Hoggard, Walter H. Smith, Grandy U JackBon. Seaboard Masristerlal District,— C. T. Chaplain, W. T. Braithwaite, A. Savyer Woodhoose. Pungo Magisterial District,— W. J. Craft. J. J. WhHehurst, B. T. HumphrieB. PRINCE WILLIAM COUNTY. Dumfries Magisterial District,— J. P. Wheat, B. G. W. Keys, D. C. Alexander. Occoquan Magisterial District,— John S. Powell, E. P. Davis, W. B. Glascock. Coles Biaglsterial District,— Samuel R. Lowe, Jr., John S. Storke, George M. Goodwin. Brentsyllle Magisterial District,— D. P. Edmonds, J. P. Manuel, John A Brawner. Manassas Magisterial District,- William N. Lipscomb, David J. Arrington. William M. Wheeler. Gainesville Magisterial District,— George G. Galleher, A. H. Johnson, WUllsm H. Brown. PULASKI COUNTY. Pulaski Magisterial District,- J. B. Caddall, C. B. Tate, J. D. Askew. Newborn Magisterial District,— J. R. Micou. J. A. Pratt, D. M. Painter. Dublin Magisterial District,- W. W. Hawkins, W. H. Rlcketts, W. A. Clnnn- bley. Hiawassie Magisterial District,- F. I. Smith, Robert Vaughn, A. M. Gralitm. RAPPAHANNOCK COUNTY. Wakefield Magisterial District,— Judson Browning, C. C. Eastham, Robert H. Rlcketts. Jackson Magisterial District,— J. J. Silvey, John Hunton Wood, M. Ritoionr. Hampton Magisterial District,— J. B. Wood, B. R. Miller, Charles Green. Piedmont Magisterial District,— James H. Fletcher, Carroll Menefee, P. H. O'Bannon. Hawthorne Magisterial District,— Robert Vanhom, J. J. Miller, John Ootts. Stonewall Magisterial District,— Charles Browning, J. G. Brown. G. B. Mason. RICHMOND COUNTY. Stonewall Magisterial District,- A. A. Taliaferro. G. W. Balderson, T. D. Marks. Marshall Magisterial District,— G. M. Sydnor, J. F. Garland, W. Y. Morgan. Washington Magisterial District,— P. Y. Barber, B. B. Griffith. W. A. Bryant Farnham Magisterial District,- J. L. Motley, R. C. Lumpkin, W. H. Rice. ROANOKE COUNTY. Big Lick Magisterial District,— W. G. Wood, G. W. Glsh, M. L. Fdlers. Catawba Magisterial District,— N. D. Bamett, E. C. Thomas, D. H. Shelor. Digitized by Google REGISTRATION BOARDS 19 Cave Spring Magisterial District,— J. Coles Terry, L. L. Greenwood, John Persinger. Salem Magisterial District,— O. L. Steams, A. O. Brown, H. B. Pleasants. ROCKBRIDGE COUNTY. South River Magisterial District,— W. T. Moore, C. J. Bell, J. H. McCormick. Lexington Magisterial District,- S. B. Walker, G. A. Jones, W. T. ToUey. Kerr's Creek Magisterial District, — Daniel Teaford, Charles Lindsay, D. H. Hart. Buffalo Magisterial District,- J. W. Saville, A. H. Wilson, J. A. Wilkinson. Natural Bridge Magisterial District,— J. W. Burger, J. H. Overton, W. A. Mohler. Walker's Creek Magisterial District,— J. B. Wood, Ham Wade, J. F. Deacon. ROCKINGHAM COUNTY. Ashby Magisterial District,— Peter C. Tutweiler, Joseph F. Craun, Joseph G. Meyers. LinvIUe Magisterial District,— Joseph L. Humbert, David Wenger, David M. Hollar. Plains Magisterial District, — John W. Harrison, Charles E. Fahrney. Charles S. Wunder. Stonewall Magisterial District,— John W. Blackburn, Joseph A. Hammen, S. M. Yancey. Central Magisterial District,— J. W. Sheets, George R. Eastham, George G. Herring. RUSSELL COUNTY. Lebanon Magisterial District.— J. J. Gilmer, A, F. Hurt. W. H. Fuller. Elk Garden Magisterial District,— H. W. Martin, Sylvester Albert, Charles W. Belcher. New Garden Magisterial District,— Boston Steele, Thomas P. Robinson, M. H. Burnett Cleveland Magisterial District,— J. S. Tate, Richard D. Smith, Lilburn Fin- ney. Castlewood's Magisterial District, — John T. Candler, Robert Cooper, W. C. Grigsby. Copper Creek Magisterial District,— E. M. Ireson, Joseph W. Bostick, Henry Steele. Moccasin Magisterial District,— John Hanson, Cline Tate, Edward Kitchen. SCOTT COUNTY. Estillville Magisterial District,— Ezra Carter, J. L. Shelton, John M. Jennings. Fulkerson Magisterial District,— George W. Latture, J. H. Hylton, Joel Shelly. Johnson Magisterial District. — James H. Shoemaker, John F. McConnell, Charles W. Bond. Floyd Magisterial District,— Patrick Hagan, Jr., Floy(} Osbprp, g. f. g^lber- Digitized by Google 20 REGISTRATION BOARDS Dekalb Masristerial District,— James M. Harris, W. P. Ramey. W. B. FrankUfi. Taylor Magisterial District,--S. L. Cox, Rufus Kilgore, J. P. Richmond. Powell Magisterial District,~C. C. Johnson, C. C. Palmer, Roten Hurst SHENANDOAH COUNTY. Lee Magisterial District,— 0. A. Guard, B. P. Garber, D. Baylor NefL Madison Magisterial District,— E. T. Smith, A. B. Clinedinst, J. W. RcXiu. Johnson Bfagisterial District,— J. A. Dysart, William Keller, Charles M. G qualifications fob office. Sec. 18. Qualifications of voters. Sec. 19. Registrations of voters; who are entitled to register prior to 1904. Sec. 20. Who may register after 1904. Sec. 21. Conditions for voting. Sec. 22. Payment of poll tax by veterans of Civil War not prerequisite i% their right to vote; when payment of poll tax enforced. Sec. 23. Persons excluded from registering and voting. Sec. 24. Who not deemed to have gained legal residence. Sec. 25. Directions to General Assembly in regard to registration and transfers. Digitized by Google IT CONTENTS. 8eo. t%. Persons qualified to vote at next election shall be admitted to regif- tration. Sbo. 27. Method of voting. Seo. 28. Ballots. Sec. 29. Priyileges of voters during elections. Seo. 30. General Assembly may prescribe property qualification for voting ii county, city or town elections. Sec. 31. Electoral boards; appointment and composition; powers and dnties ol; who ineligible. Sec. 32. Qualifications of officers and of notaries public. Sec. 33. When terms of officers to begin and end. Sec. 34. Oath to be prescribed. Sec. 35. Primary elections, who may vote. Sec. 36. General Assembly shall enact laws to regulate elections. * Sec. 37. Voting machines. Sec. 38. Duties of treasurers, clerks of county and corporation courts and sheriffs in regard to making, filing, delivering and posting list of unpaid poll taxes; how same corrected. ARTICLE m. DIVISIONS OF POWERS. Sec. 39. Departments to be distinct. ARTICLE IV. legislative depabthent. Sec. 40. General Assembly to consist of Senate and House of Delegates. Sec. 41. Number and election of senators. Sec. 42. Number and election of delegates. Sec. 43. Apportionment of State into senatorial and house districts. Sec. 44. Qualifications of senators and delegates; who ineligible; removal from district vacates office. Sec. 45. 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. 46. Time and duration of meetings of General Assembly; adjournments; majority shall be a quorum; power of smaller number than a quorum. Sec. 47. Powers of each house of General Assembly to elect its presiding offi«r, make its own rules, fill vacancies, and judge of the election and qualification of members, and punish and expel members. Sec. 48. Privileges of members of General Assembly. Sec. 49. Journal of proceedings. Sec. 60. Enactment of laws; tax laws shall specifically state the tax and re- quire a vote of majority of members. Sec. 61. Standing committee on special, private and local legislation. Digitized by Google CONTENTS. V Sec. 52. Law shall embrace but one object, which shall be expressed in its title; how laws revived or amended. Sec. 63. Time when laws take effect. Sec. 54. Impeachments; proceeding under; extent of judgment under; indict- ment, etc., to lie. Sec. 55. Apportionment of State into congressional districts by General Assembly. Sec. 56. Directions to General Assembly concerning elections and declaring offices vacant. Sec. 57. Power of General Assembly to remove disabilities. Sec. 58. Prohibitions on General Assembly as to suspension of writ of habeas corpus, and enactment of laws referring to religion and other laws. Sec. 59. Greneral Assembly shall not incorporate churches ot religious denomina- tions; may secure church property. Sec. 60. Lotteries and sale of lottery tickets prohibited. Sec. 61. Formation and division of counties. Sec. 62. Power of General Assembly to enact liquor laws. Sec. 63. Powers which General Assembly shall confer on courts; cases in which General Assembly shall not enact special laws. Sec. 64. G^eneral Assembly shall enact general laws in cases mentioned in pre- ceding section, and wherever general laws will apply; amendment or partial repeal of general law shall not enact special law; restrictions as to laws. Sec. 65. Powers of local and special legislation may be conferred by General Assembly, by general law, on supervisors and councils. Sec. 66. Clerk of House of Delegates to be Keeper of the Rolls, without com- pensation; General Assembly shall prescribe number and compen- sation of its clerks and employees. Sec. 67. Limitations on appropriations by General Assembly to charitable and other institutions; exceptions. Sec. 68. Auditing Committee, appointment and constitution; powers and duties. ARTICLE V. executive depabtment. Governor, term of office. How and when 'elected; how result ascertained; how tie or contested elections decided. Qualifications of Governor. His place of residence and salary. Duties and powers of Grovemor. Further powers of Governor. Commissions and grants; how they shall run and how attested. Bills, duties of Governor in regard to; proceedings of General Assembly in passing bills over veto of Governor; effect of failure of Governor to sign. Lieutenant-Governor, election and qualifications. Duties of Lieutenant-Governor. Sec. 69. Sec. 70. Sec. 71. Sec. 72. Sec. 73. Sec. 74. Sec. 75. Sec. 76. Sec. 77. Sec. 78. Digitized by Google Seo. 81. Sec. 82. Seo. 83. Sec. 84. Sec. 85. Sec. 86. VI CONTENTS. Sec. 79. Lieutenant-Governor shall be President of Senate; oompensatkn u such. Sec. 80. Secretary of the Commonwealth, election and duties; disposition of Un received by him. State Treasurer. Auditor of Public Accounts. Salaries of officers of Executive Department. Checks and balances on officers entrusted with collection of rerenite, establishment of. Bond of officers handling state funds. Bureau of Labor and Statistics. ARTICLE VI. JI7DICIABT DEPABTlfKNT. Composition and jurisdiction. Supreme Court of Appeals, composition and jurisdiction; ezoepti(»i to jurisdiction; temporary vacancies, how filled. Special Court of Appeals. Opinions of Supreme Court of Appeals shall be written. Qualifications and terms of judges of Supreme Court of Appetli; hov chosen. Officers of Supreme Court of Appeals. Sessions of Supreme Court of Appeals. Judicial circuits, number and constitution. Powers of General Assembly to rearrange judicial circuits; Kmitatioitt. Circuit judges, election, qualifications; residence and term of offioe. Terms of circuit courts; judges may be required to hold tenns ia other circuits. Sec. 98. Division of cities into classes; courts of each class; additional eourti for cities, how provided; abolition and cessation of oorporatioB or city court. Sec. 99. Judges of city courts, election, qualifications and residence; reiideDOt and privilege of judge of corporation court of dty of less than fi^ thousand inhabitants; judges of dty courts of cities of fini cto may be required or authorized to hold terms in other circuits. 8ec. 100. Courts of Land Registration. Sec. 101. Clerks of circuit courts, jurisdiction in cases of wills, insane pff- sons, etc. Sec. 102. Judges, how commissioned; salaries and allowances, terms of offiee; vacancies. Sec. 103. Salaries of judges. Sec. 104. Removal of judges for cause. Sec. 106. Judges shall not practice law or hold office of public trust; excq^tion. Sec. 100. Writs and indictments. Sec. 107. Attorney-General, election, commission, duties and compeosatioi; how removable. Sec. 108. Justices of the peace. Sec. 109. Applications for bail. Sec. 87. Sec. 88. Sec. 89. Sec. 90. Sec. 91. Sec. 92. Sec. 93. Sec. 94. Sec. 95. Sec. 96. Sec. 97. Digitized by Google CONTENTS. VU ARTICLE VII. OBOANIZATION AITD OOVEBITMEin^ OF COUNTIES. Sec. 110. County officers, number, terms and (jpmpensation. Sec. 111. Magisterial districts, supervisors; how chosen, powers and duties. Sec. 112. Elections for county and district officers, when held; terms of officers. 8EG. 113. No person shall hold more than one office at the same time. Additional security may be required of officer. Sec. 114. County not responsible for acts of sheriff. Sec. 115. Examination of books, accounts, etc., of officers handling public funds. ARTICLE Vra. ORGANIZATION AND GOVERNMENT OF CITIES AND TOWNS. Sec. 116. Definitions of "cities" and "towns." Sec. 117. 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. 118. Clerks of city courts, elections, duties and number; only one in city of less than thirty thousand inhabitants. Sec. 119. Commonwealth's Attorney in cities; Commissioner of Revenue in cities. Sec. 120. City officers, their titles, election, powers and duties. Sec. 121. City council, composition, how elected, powers and duties; ineligibility of members to certain offices; powers and duties as to reapportion- ments; when mandamus against council lies. 8so. 122. Election and terms of office of city officers. Sec. 123. Ordinances, proceedings to pass over veto of Mayor; as to appropria- tion ordinances vetoed. Seo. 124. Consent of corporate authorities necessary to use of streets, alleys, or public grounds by certain companies or persons. Sec. 126. Sale of corporate property and granting of franchises by cities and towns. Sec. 126. Corporate limits, contraction or extension of, General Assembly shall provide for. Sec. 127. Concerning bonded indebtedness of cities and towns. Sec. 128. Assessment of real estate therein. ARTICLE IX. EDUCATION AND PUBLIC INSTRUCTION. Sec. 129. Free schools to be maintained. Sec. 130. State Board of Education, composition; vacancies, how filled. Sec. 131. Superintendent of Public Instruction, how elected, term of office; how vacancies filled, duties. Digitized by Goo^z VUl CONTENTS. Seg. 132. Powers and duties of State Board of Education. Sec. 133. School districts; school trustees. Seo. 134. Literary fund. Seo. 135. Appropriations for school purposes, school age. Sec. 136. Local school taxes. Sec. 137. Agricultural, normal, manual training and technical schools. Sec. 138. Compulsory education; exceptions. Sec. 139. Free text-books. Sec. 140. Mixed schools prohibited. Sec. 141. State appropriations prohibited to schools or institutions of lesnung not owned or exclusiyely controlled by State or some subdiriikm thereof; exceptions to rule. Sec. 142. Boards of visitors and trustees of educational institutions, hov ap- pointed, and term of office. ARTICLE X. AORICULTUBB AlTD HCMIGBATIOK. Sec. 143. Department of agriculture and immigration, where maintained, how controlled, composition, qualification of members, how appointed and term of office. Sec. 144. Powers and duties of same. Sec. 145. Commissioner of Agriculture and Immigration; term of office; how elected; powers and duties. Sec. 146. President of Agriculture and Immigration to be ex^fflcio member of Board of Visitors of Virginia Polytechnic Institute. ARTICLE XI. PUBLIC INSTITUTIONS AND PBISONS. Sec. 147. State penitentiary. Sec. 148. Board of directors of same, number, how appointed, powers; saftr- intendents and surgeons. Sec. 149. Boards of directors for State hospitals for the insane. Dumber of members; how appointed, powers and terms of office. Sec. 150. General board of directors of State Hospital for the Insane, compo- sition and powers. Sec. 151. Superintendents of State Hospital for the Insane; how appointed; how and for what removable; powers; how other resident officers of insane hospitals appointed; terms of office of superintendeDis. Sec. 152. Commissioner of State Hospitals for the Insane; how appf Appeals the reasons therefor shall be stated in writing and preserved with the record of the case. Sec. 91. The judges of the Supreme Court of Appeals shall be chosen Digitized by Google 24 CONSTITUTION OF VIBOINIA. by the joint vote of the two houses of the General Assembly. They shall, when chosen, have held a judicial station in the United States^ or diall have practiced law in this or some other state few five years. At the first election imder this Constitution^ the (General Assembly shall elect the judges for terms of four, six, eight, ten, and twelve years respectively; and thereafter they shall be elected for terms of twelve years. Sec. 92. The officers of the Supreme Court of Appeals diall be ap- pointed by the court or by the judges in vacation. Their duties, compen- sation, and tenure of office shall be prescribed by law. Sec. 93. The Supreme Court of Appeals riiall hold its sessions at two or more places in the State, to be fixed by law. Sec. 94. The State shaH be divided into twenty-four judicial circuitfi, as follows: The counties of Norfolk, Princess Anne, and the city of Portsmouth, shall constitute the first circuit The counties of Nansemond, Southampton, Isle of Wight, and the city of Norfolk, shall constitute the second circuit The counties of Prince George, Surry, Sussex, Greenesville, and BruM- wick, shall constitute the third circuit The counties of Chesterfield, Powhatan, Dinwiddie, Nottoway, and Amelia, and the city of Petersburg, shall constitute the fourth circuit The counties of Prince Edward, Cumberland, Buckingham, Appomat- tox, and Charlotte, shall constitute the fifth circuit The counties of Lunenburg, Mecklenburg, Halifax, Campbell, and the city of Lynchburg, shall constitute the sixth circuit. The counties of Pittsylvania, Franklin, Henry, and Patrick, and the city of Danville, shall constitute the seventh circuit The counties of Amherst, Nelson, Albemarle, Fluvanna, and Gooch- land, shall constitute the eighth circuit. The counties of Rappahannock, Culpeper, Madison, Gre«ie, Orange, and Louisa, shall constitute the ninth circuit The county of Henrico and the city of Richmond, shall constitute the tenth circuit The counties of Accomac, Northampton, Elizabeth City, and the dty of Newport News, shall constitute the eleventh circuit The counties of Richmond, Northumberland, Westmoreland, Lancas- ter, 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, Warwick, James City, and the city of Williamsburg, shall constitute the fourteenth circuit Digitized by Google CONSTITUTION OF VIRGINIA. 25 The counties of King George, Stafford, Spotsylvania, Caroline, and Hanover, shall constitute the fifteenth circuit. The counties of Fauquier, Loudoun, Prince William, Fairfax, and Alexandria, and the city of Alexandria, shall constitute the sixteenth circuit The counties of Frederick, Clarke, Warren, Shenandoah, and Page, shall constitute the seventeenth circuit. The counties of Rockingham, Augusta, and Rockbridge, shall consti- tute the eighteenth circuit. The counties of Highland, Bath, Alleghany, Craig, and Botetourt, shall constitute the nineteenth circuit. The counties of Bedford, Roanoke, Montgomery, and Floyd, and the city of Roanoke, shall constitute the twentieth circuit. The counties of Pulaski, Carroll, Wythe, and Grayson, shall constitute the twenty-first circuit. The counties of Bland, Tazewell, Giles, and Buchanan, shall constitute the twenty-second circuit. The counties of Washington, Russell, and Smyth, shall constitute the twenty-third circuit The counties of Scott, Lee, Wise, and Dickenson, shall constitute the twenty-fourth circuit Sec. 95. After the first day of January, nineteen hundred and six, as the public interest requires, the General Assembly may rearrange the said circuits and increase or diminish the number thereof. But no new circuit 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. 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 oflBoe 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-fourth for six years, and the remaining fourth for eight years, respectively; and thereafter they shall be elected for terms of eight years. Sec. 97. The number of terms of the circuit courts to be held for each county and city, shall be prescribed by law. But no separate circuit court shall be held for any city of the second class, until the city shall abolish Digitized by Google 26 CONSTITUTION OF VIEGINIA. its existing city court. The judge of one circuit may be required or au- thorized to hold court in any other circuit or city. Sec. 98. For the purposes of a judicial system, the cities of liie State shall be divided into two classes. All cities shall belong to the first dass which contain, as shown by the last United States census or other census provided by law, ten thousand inhabitants or more, and all cities diall belong to the second class which contain, as thus shown, less than ten thousand inhabitants. In each city of the first class, there shall be, in addition to the circuit court, a corporation court. In any city containing thirty thousand inhabitants or more, the General Assembly may provide for such additional courts as the public interest may require, and in every such city the city courts, as they now exist, shall continue until otherwise provided by law. In every city of the second class, the corpora- tion or hustings court existing, at the time this Constitution goes into effect, shall continue hereafter under the name of the corporation court of such city ; but it may be abolished by a vote of a majority of the quali- fied electors of such city, at an election held for the purpose, and when- ever the oflBce of judge of a corporation or hustings court of a city of tltt second class, whose salary is less than eight hundred dollars, shall become and remain vacant for ninety days consecutively, such court shall thereby eease 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 respect within the jurisdiction of the circuit court of the county wherein it is situated, until otherwise provided by law, and the records of such corporation or hustings court shall thereupon become a part of the records of such circuit court, and be transferred thereto, and remain therein until otherwise provided by law ; and during the existence of the corporation or hustings court, the circuit court of the county in which such city is situated, shall have concurrent jurisdiction with said corpora- tion or hustings court in all actions at law and suits in equity. Sec. 99. For each city court of record 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 oflSce shall reside within the juris- diction of the court over which he presides; but the judge of the corpora- tion court of any corporation having a city charter, and less than five thousand inhabitants, may reside outside its corporate limits; and the same person may be judge of such corporation court and judge of the cor- poration court of some other city having less then ten thousand inhabit- ants. At the first election of said judges under this Constitution, the General Assembly shall elect, as nearly as practicable, one-fourth of the Digitized by Google CONSTITUTION OF VIRGINIA. 27 entire number for terms of two years, one-fourth for four jesirs, one- fourth for six years, and the remaining fourth for eight years; and there- after 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 coimty and the circuit courts of any city. Sec. 100. The General Assembly shall have power to establish such court or courts of land registration as it may deem proper for the admin- istration of any law it may adopt for the purpose of the settlement, regis- tration, transfer, or assurance of titles to land in the State, or any part thereof. 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 qualifica- tion 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. 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 this Constitution, the amount of which shall not be increased or diminished during their terms of oflBce. Their terms of office shall commence on the first day of February next follow- ing their election, and whenever a vacancy occurs in the oflBoe of judge, his successor shall be elected for the unexpired term. 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. The salary of the judge of each circuit court 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 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 Eichmond, the State shall pay the propor- tion 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 respective counties and cities. Any city may, by an ordinance, in- crease the salaries of its city or circuit judges, or any one or more of them as it may deem proper, and the increase shall be paid wholly by the city, but shall not be enlarged or diminished during the term of office of the Digitized by Google 28 CONSTITUTION OF VIKGINIA. judge. Each city containing less than ten thousand inhabitants shall pay the salary of the judge of its corporation or hustings court. Sec. 104. Judges may be removed from office for cause, by a concurrent vote of both houses of the General Ase^nbly; but a majority of all 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. 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 continuance 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 chancery of the circuit court for the county in which the city is located- Sec. 106. Writs shall run in the name of the "Commonwealth of Vir- ginia," and be attested by the clerks of the several courts. Indictments shall conclude "against the peace and dignity of the Commonwealth." 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 d'uties and receive such compensation as may be prescribed by law, and shall be removable in the maimer prescribed for the removal of judges. 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. 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. Sec. 110. There shall be elected by the qualified voters of each county, one county treasurer, who shall not be elected or serve for more than two consecutive terms, nor act as deputy of his immediate successor; one sheriff, one attorney for the Commonwealth, and one county clerk, who shall be the clerk of the circuit court. There shall be elected or ap- pointed, for four years, as the General Assembly may provide, commis- Digitized by Google CONSTITUTION OF VIRGINIA. 29 fioners of the revenue, for each county, the number, duties and compensa- tion of whom shall be prescribed by law; but should such commissioners of the revenue be chosen by election by the people then they shall be in- eligible for re-election to the oflBce for the next succeeding term. There shall be appointed, for each county, in such manner as may be provided by law, one superintendent of the poor, and one county surveyor. 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 coimty, 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 against the county, subject to such appeal as may be provided by law, and perform such duties as may be required by law. Sec. 112. All regular elections for county and district oflBcers shall be held on Tuesday after the first Monday in November, and all of said oflSoers shall enter upon the duties of their oflSces on the first day of Janu- ary next succeeding their election, and shall hold their respective oflBces for the term of four years, except that the county clerk shall hold oflSce for eight years; provided that the term of the clerks first elected under this Constitution shall begin on the first of February, nineteen hundred and four, and end on the first of January, nineteen hundred and twelve. Sec. 113. No person shall at the same time hold more than one of the offices mentioned in this article. Any oflBcer 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 oflBce shall be declared vacant. Sec. 114. Counties shall not be made responsible for the acts of the sheriffs. 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. Sec. 116. As used in this article the words "incorporated communi- ties" shall be construed to relate only to cities and towns. All incorpo- rated communities, having within diefined boundaries a population of five thousand or more, shall be known as cities; and all incorporated commu- Digitized by Google 30 CONSTITUTION OP VIHGINIA. nities, having within defined boundaries a population of less than five thousand, shall be known as towns. In determining the population of such cities and towns the General Assembly shall be governed by the biat United States census, or such other enumeration as may be made by an- thority of the General Assembly; but nothing in this section shall be construed to repeal the charter of any incorporated community of le^ than five thousand inhabitants having a city charter at the time of the adoption of this Constitution, or to prevent the abolition by such incor- porated communities of the corporation or hustings court thereof. Sec. 117. 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 maimer 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 Constitu- tion a municipal charter may retain the same, except so far as it shall be repealed or amended by the General Assembly : provided, that every snch charter is hereby amended so as to conform to all the provisions, restric- tions, limitations and powers set forth in this article, or otherwise pro- vided in this Constitufion, 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 tie qualified voters of such city a clerk of said court, who shall perform snch other duties as may be required' by 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 diall there be more than one clerk of the court, who shall be clerk of all the courts of record in such city. Sec. 119. In every city, so long as it has a corporation court, or a sepa- rate circuit court, there shall be elected for a term of four years by 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], or appointed, for a term of four years, in a manner to be provided' by law, one commissioner of revenue, whose duties and compensation shall be prescribed by law; but should he be elected by the people, he shall be ineligible for re-election to the ofiSce for the next succeeding term. Sec. 120. In every city there shall be elected by the qualified voters Digitized by Google CONSTITUTION OF VIRGINIA. 31 Uiereof one city treasurer, for a term of four years, but he shall not be eligible for more than two consecutive terms, nor act as deputy for his immediate successor; 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 oflBcer of such city. All city and town officers, whose election or appointment is not provided for by this Con- stitution, shall be elected by the electors of such cities and towns, or of eome 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 ofl5cers, mem- bers of the police and fire departments, whether elected' or appointed, in and for such city, are faithfully performed'. He shall have power to in- vestigate their acts, have access to all books and documents in their oflBces, and may examine them and their subordinates on oath. The evidence given by persons so examined shall not be used against them in any crimi- nal 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 suspension or removal ; but no such removal shall be made without reasonable notice to the officer complained of, and an oppori:unity afforded him to be heard in person, or by counsel, and to present testimony in his defense. From such order of suspension or re- moval, the city officer so suspended or removed shall have an appeal of right to the corporation court, or, if there be no such couri;, 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 other powers and duties which may be conferred and imposed upon him by general laws. 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 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 represent tition 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 elec- tion or appointment The council of every city may, in a manner pre- scribed by law, increase or diminish the number, and change the boun- Digitized by Google 32 CONSTITUTION OF VIBOINIA^ daries, of the wards thereof, and ahall, in the year nineteen hundred and three, and in every tenth year thereafter, and also whenever the bounda- ries of such wards are changed, re-apportion the representation in the council among the wards in a manner prescribed by law; and whaiever the council of any such city shall fail to perfonn the duty so prescribed, a mandamus shall lie on behalf of any citizen thereof to compd its per- formance. Sec. 122. The mayors and councils of cities shall be elected cm lie second Tuesday in June, and their tenns of oflSoe shall begin on the first day of September succeeding. All other elective oflSoers, provided for by this ariicle, or hereafter authorized by law, shall be elected on the Tuesday after the first Monday in November, and their terms of oflBce shall begin on the first day of January succeeding, except that the terms of oflSce 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 oflBcers, except that the electicm 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 oflSce of the other elective oflBcers provided for by this Constitution. Sec. 123. Every ordinance, 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 tvo branches, he may return' it, with his objections in writing, to the clerk, or other recording officer, of that branch in which it originated; whidi branch shall enter the objections at length on its journal and proceed to reconsider ii. If after such consideration two-thirds of all the membeis 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 membos elected thereto, it shall become operative notwithstanding the objectiwis of the ma}X)r. But in all such cases the votes of both branches of the council shall be determined by yeae and nays, and the names of the mem- bers 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 writing to any ordinance, or resolution having the effect of an ordinance, shall be returned* to the clerk, or other recwi- ing officer of the council, and be entered at length on its journal ; where- upon the council shall proceed to reconsider the same. Upon such con- sideration the vote shall be taken in the same manner as where the council consists of two branches, and if the ordinance or resolution be approred Digitized by Google CONSTITUTION OF VIRGINIA. 33 by two-thirds of all the members elected to the council, it shall become operatic notwithstanding the objections of the mayor. If any ordinance or resolution shall not be returned by the mayor within five days (Sunday excepted), after it shall have been presented to him, it shall become opera- tive in like manner as if he had signed it, unless his term of ofiBce, 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 ordinance or resolution ; but the veto shall not afiEect any item or items to which he does not object. The item or items ob- jected to shall not take effect except in the manner provided in this sec- tion as to ordinances or reeolutions not approved by the mayor. No ordi- nance or resolution appropriating money exceeding the sum of one hun- dred dollars, imposing taxes, or authorizing the borrowing of money, shall be passed, except by a recorded aflBrmative 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 ordinance or resolu- tion, il shall require a recorded aflSrinative 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 sec- tion. 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, 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 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, bridges, and other public places, and its gas, water, and electric works shall be Bold except by an ordinance or resolution passed by a recorded aflSrmative 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. No franchise, lease or right of any kind to use any such public property or any other public property 3 Digitized by Google 34 CONSTITUTION OF VIKGINIA. 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, except for a trunk railway, the municipality shall first, after due advertisement, re- ceive 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 ex- tract 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 com- pensation to the grantee, or upon the pa\*ment of a fair valuation there- for, 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, bv such city or town. Every such grant shall specify 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 prescribing additional restrictions on the powers of cities and towns in granting fran- chises or in selfing 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-bear- ing 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 Digitized by Google CONSTITUTION OF VIRGINIA. 35 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 a revenue; but from and after a period to be deter- mined by the council, not exceeding five years from the date of such elec- tion, whenever and for so long as such undertaking fails to produce suffi- cient 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 amoimt to be covered into a sinking fimd 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. 1S8. In cities and towns the assessment of real estate and personal property for the purpose of mimicipal 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 effi- cient 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-Gen- eral, Superintendent of Public Instruction, and three experienced educa- tors to be elected quadrennially by the Senate, from a list of eligibles, consisting of one from each of the faculties, and nominated by the respec- tive boards of visitors or trustees, of the University of Virginia, the Vir- ginia 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 con- tinue its annual appropriation to the last named institution. The board thus constituted shall select and associate with itself two Digitized by Google 36 CONSTITUTION OF VIROINIA. division superintendents of schools, one from a county and the other from a city, who shall hold oflBce 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 oflBciaL Any vacancy occurring during the term of any member of the board shall be filled for the unexpired term by said boaitl. 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 oflBce 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 : FirsL It may, in its discretion, divide the State into appropriate school divisions, comprising not lees 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 oflBce 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 r^nla- tions for the management and conduct of the schools, which, when pub- lished 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 use 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 mem- bers, to serve without compensation, which shall have the managemeit of the State Library, and the appointment of a librarian and other em- ployees thereof, subject to such rules and regulations as the G«jeial Assembly shall 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 Digitized by Google CONSTITUTION OF VIKGINIA. 37 district, unless oth-erwise provided b}' 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 pro- ceeds of all public lands donated by Congress for public free school pur- poses; 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 appropriate. Sec. 135. The General Assembly shall apply the annual interest on the Uterary 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 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 chil- dren 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 taxa- tion, 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 dis- trict, 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 }'ear, to be apportioned and expended by the local school authorities of said counties, cities, towns and districts in establishing and maintain- ing such schools as in their judgment the public welfare may require: provided, that such primary schjools 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 estab- lishment 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 collec- tion 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 Digitized by Google 38 CONSTITUTION OF VIRGINIA. compulsory education of children between the ages of eight and twelie years, except such as are weak in body or mind, or can read and write, (x 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 schod or institution of learning not owned or exclusively controlled by the State or some political subdivision thereof : provided, first, that the Gen- eral Assembly may, in its discretion, continue the appropriations to tlie College of William and; Mary ; second, that this section shall not be con- strued 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 Immigra- tion, 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 con- gressional 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 Digitized by Google CONSTITUTION OF VIEGINIA. 39 ex-offido 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 oflBce 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 depart- ment. Sec. 145. There shall be a Commissioner of Agriculture and Immi- gration, 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 other- wise provided by law. Sec. 146* The president of the Board of Agriculture and Immigration shall be ez-ofjicio a member of the Board of Visitors of the Virginia Polytechnic Institute. ARTICLE XI. 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 con- firmation 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 superin- tendents 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 here- after established, there shall be a special board of directors, consisting of three members, who shall be appointed by the Governor, subject to con- firmation by the Senate; such board shall have the management of the hospital for which it is appointed, under the supervi^on and con- Digitized by Google 40 CONSTITUTION OF YIBQINIA. irol of the general board of directors hereinafter constituted. The tenns of the directors first appointed shall be two, four, and six years, respec- tively, 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 ihe control and management of all the state hospitals for the inscme now existing or hereafter established, which shell 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 Aseembly may from time to time prescribe, and shall have full power and control over the special boards of directors and all of the (^cers and employees of the said hospitals. Sec. 151. The general board of directors shall appoint for a term of four j-ears 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 borfrd, 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 the 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. Sec. 153. As used in this article, the term "corporation'* or "com- pany" shall include all trusrts, associations and joint stock companies having any powers or privileges not possessed by individuals or unlimited partnerships, and exclude all municipal corporations and public institn- tions owned or controlled by the State; the term "charter"' shall be con- Digitized by Google CONSTITUTION OF VIRGINIA. 41 stnied to mean the charter of incorporation by, or under, which 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 railway, canal, steamboat or steamship line, and also any freight car company, car association, or car trust, express com- pany, 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 "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 tele- graph or telephone line; the term "freight*^ shall be construed to mean any property transported, or received for transportation, by any trans- portation company; the term "public service corporation" 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 publie highway, whether along, over, or under the same, in a manner not per- mitted to the general public; the term "person," as used in this article, shall include individuals, partnerships and corporations, in the singular as well as plural number; the term ^^ond" shall mean all certificates, or written evidences, of indebtedness issued by any corporation and secured by mortgage or trust deed; the term "frank" shall be construed to mean any writing or token, issued by, or under authority of, a transmission company, entitling the holder to any service from such company free of charge. The provisions of this article shall always be so restricted in their application as not to conflict with any of the provisions of the Con- stitution of the United States, and as if the necessary limitations upon their interpretation had been herein expressed in each case. 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 general laws, and no charter shall be granted, amended or extended by special act, nor shall authority in such matters be con- ferred upon any tribunal or officer, except to ascertain whether the ap- plicants have, by complying with the requirements of the law, entitled themselves to the charter, amendment or extension applied 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 repealed at any time by special act. Provision shall Digitized by Google 42 I C0N8TITUTI0N OF VIBOINIA. be made, by general laws, for the voluntary surrender of ita 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. Sec. 155. A permanent commission, to consist of three members^ is hereby created, which shall be known as the State CJorporation Commis- sion. The commissioners shall be appointed by the Governor, subject to confirmation by the General Assembly in joint session, and their r^tdar terms of office shall be six years, respectively, except those first appointed under this Constitution, of whom, one shall be appointed to hold oSce '.intil the first day of February, nineteen hundred and four, one, mitil I he first day of February, nineteen hundred and six, and one, until the ^rst day of February, nineteen hundred and eight Whenever a vacancy in the commission shall occur, the Governor shall forthwith appoint a qualified person to fill the same for the unexpired term, subject to con- firmation by the General Assembly as aforesaid. Confmissioners ap- pointed for regular terms shall, at the beginning of the terms for which appointed, and those appointed to fill vacancies shall, immediately upon their appointments, enter upon the duties of their office ; but no pers(m so appointed, either for a regular term, or to fill a vacancy, shall enter upon, or continue in, office after the (Jeneral Assembly shall have refused to confirm his appointment, or adjourned sine die without confirming the same, nor shall he be eligible for re-appointment to fill the vacancy caused by such refusal or failure to confirm. No person while employed by, or holding any office in relation to, any transportation or trananis- sion company, or while in any wise financially in^terested therein, (wr while engaged in practicing law, shall hold office as a member of said commission, or perform any of the duties thereof. At least one of the commissioners shall have the qualifications prescribed for judges of the Supreme Court of Appeals; and any commissioner may be impeached or removed in the manner provided for the impeachment or removal of a judge of said court. The commission shall annually elect one of their members chairman of the same, and shall have one clerk, one bailiff and such other clerks, officers, assistants and subordinates as may be provided by law, all of whom shall be appointed, and subject to removal, by the commission. It shall prescribe its own rules of order and pro- cedure, except so far as the same are specified in this Constitution or any amendment thereof. The General Aseembly may establish within the department, and subject to the supervision and control, of the cmmonwealth, cities, towns, 5 fficers. State, when elected, begin- ning of term, end of term of in- cumbent, 9, 10, 11, 12 To take oath to support Consti- tutioD, 22 rdinances of Convention to have same force and effect as if parts of Constitution, 2 verseers of the Poor, 10 P. enalties. iialifications of voters. R. 18 iilroad Commissioner, agister of Land Office, 11 11 8. hedule, takes effect when, hool superintendents, tiool trustees, cond Auditor, 25 11 11 11 Secretary of the Commonwealth to provide blanks for oath to sup- port Constitution, To have Constitution transcribed in a book and safely kept in his office, Deliver a certified copy of Consti- tution and Schedule to Gover- nor, Senators, Sheriff, Superintendent of the Penitentiary, Superintendent of the Poor, Superintendent of Public Printing, Superintendents of State HospitaU, Supervisors, Supreme Court of Appeals, Surgeon of the Penitentiary, Surgeon of State Prison Farm, 22 23 23 10 10 11 10 11 11 10 6 11 11 Taxes, fines, penalties, forfeitures and escheats, 4 Trustees of State Educational Insti- tions, 12 Treasurer, term of present, 10 V. Vacancies in office to be filled as pre- scribed by law, 16 Visitors of State Educational Insti- tions, 12 Digitized by Google Digitized by Google ^ Digitized by Google PRINCETON UNIV 1* r\ Digitized by VjOOQ I ^ Digitized by CjOOQ IC