many of his cabinet members attended this theater and viewed many of
its tragedies which strangely enough seemed to be the type of play
preferred over comedies at this time. One of the favorite actresses
of the soldier audiences was Sally Partington.

As the years passed, additional theaters were built in Virginia
including the Theater of Varieties in Richmond where vaudeville was
first introduced. By the end of the Nineteenth Century, two native
Virginians had become dramatic character actors of national fame:
Wilton Lackaye of Loudoun County and George Fawcett of Fairfax
County. At the turn of the century, Bill Robinson, a native of
Richmond, began his ascent to national and international fame for
his superb dance style and routines, not only in vaudeville but also
in New York plays and, later, in moving pictures.

Early in the Twentieth Century, Francis Xavier Bushman of Norfolk
was one of the early moving picture lead actors. As the movies
improved and increased in their scope, Virginians such as Jack
Hall of Winchester, James H. Bell of Suffolk, Margaret Sullavan
of Norfolk, Randolph Scott of Orange County, Richard Arlen of
Charlottesville, Lynn Bari of Roanoke, Joseph Cotten of Petersburg,
Henry King of Christiansburg, John Payne of Roanoke, Charles Gilpin
of Richmond and Freeman F. Gosden of Richmond became nationally
known for their acting.

Although strong competition of vaudeville, moving pictures, radio
and television undoubtedly has affected the legitimate theater, the
strong desire for legitimate acting still remains and has resulted
in the formation of summer stock companies and numerous Little
Theater groups throughout Virginia. Such groups have become very
active and are found in many cities including Alexandria, Danville,
Lynchburg, Norfolk, Petersburg, Richmond and Staunton. Virginia
colleges and universities also keep the theater alive by sponsoring
dramatics classes, workshops and plays.

Two recent developments of the theater in Virginia are the formation
of the Barter Theater Group and the presentation of historical
plays. The Barter Theater is part of the Barter Colony located at
Abingdon, and this colony consists of the theater, a workshop,
an inn and a dormitory. The colony was established by Robert and
Helen F. Porterfield in 1932 as an attempt to create renewed
interest in legitimate play-acting. An original, unique feature of
the theater and the activity which was directly responsible for
its name was the original ticket purchase price which could be
obtained in exchange for produce or edible commodities--similar to
the old-fashioned barter system of exchange; at present, however,
theater patrons pay money rather than produce for their tickets.
During the winter months, the cast travels in other nearby states as
well as in Virginia. An annual Barter Theater award was established
by Robert Porterfield in 1939 for the "finest performance by an
actor or actress on the current Broadway stage." Such well-known
individuals as Laurette Taylor, Dorothy Stickney, Mildred Natwick,
Ethel Barrymore, Tallulah Bankhead, Louis Calhern, Helen Hayes,
Henry Fonda, Frederic March, Shirley Booth, Cornelia Otis Skinner,
David Wayne, Rosalind Russell, Mary Martin, Ethel Merman and Ralph
Bellamy have received this award. The Barter Theater Award consists
of an acre of land located near Abingdon, a world-famed Virginia ham
and a silver octagonal platter "to eat it off." In addition, the
recipient is given the opportunity to nominate two young dramatic
actors at New York City auditions for acting positions at the Barter
Theater. The Barter Theater, now recognized as the State Theater of
Virginia, is believed to be the only professional theater in the
United States which receives financial aid from a state budget.

Since 1947, an outstanding play, "The Common Glory," written by
Pulitzer Prize Winner Paul Green, has been presented in the summer
at the Lake Matoaka Amphitheater in Williamsburg. The theme of "The
Common Glory" is based upon important historical events from 1774
through 1783 with the famous comments of such American statesmen as
Thomas Jefferson, Benjamin Franklin, Robert Livingston and Patrick
Henry. The realistic performance of this theme in the historical
outdoor, natural setting in Williamsburg near historical Jamestown
and Yorktown is an experience the audience long remembers. Paul
Green also wrote "The Founders," another historical drama in honor
of the three hundred and fiftieth anniversary of the founding of
Jamestown.

Music and drama--from both the creative sense and the participation
sense--still remain an active phase of culture in Virginia.

_Education_

In colonial days in Virginia, education was considered a personal
family matter. A public school, as the term is understood now,
was non-existent. Since England had no national public system of
education until 1833, the Virginia colonists, of whom a majority
were of English descent, did not have any heritage for schools for
the general public. Later, the geographical distances between the
plantations and the gradual development of social classes tended to
discourage public education. The typical child who received formal
education was taught by the family members, privately tutored,
apprenticed for farming, attended a "Pay School" or "Old Field
School" (a community school taught by a teacher paid either by
the individual parents or by a particular patron and located on
relatively poor agricultural land), enrolled in a Latin Grammar
School or attended a fashionable school in London. Only the boys
received the formal education and the girls learned the proper
techniques of performing household tasks and of being a gracious
hostess. Many poor children had no formal education of any kind.

In 1634, the Syms Free School in Elizabeth City County was organized
as a local, free school as a direct result of provisions of a will
whereby two hundred acres of land were provided and free milk and
income from eight cows were included for the support of the school.
Twenty-five years later, Dr. Thomas Eaton of the same county also
endowed a free school and left a five hundred acre estate with
buildings and livestock as the endowment. The endowment also
provided for the maintenance of an "able schoolmaster to educate and
teach the children born within the County of Elizabeth." Later, the
two schools were combined and, by the beginning of the Twentieth
Century, they had been incorporated into the public school system as
the Syms-Eaton Academy.

A few church schools were organized, but they reached a very small
number of children with their enrollment. Orphans and poor children
often received the benefits of apprenticeship training in trade
or industrial schools and eventually had an opportunity to learn
to read and write. By 1775, there were nine free schools endowed
by private philanthropists for the poor and needy. Public schools
at this time in Virginia were considered as schools for paupers,
orphans and needy financial cases rather than schools for the
benefit of the general public. Community tax-supported schools for
the children of the general public were practically unknown.

Until the beginning of the Nineteenth Century, the slaves--both
Negro and Indian--were usually taught religious training and
some primary learning, the amount and type of training depending
upon the individual master. After certain sensational articles
tended to cause discontent and confusion in the minds of some
of these individuals which resulted in sporadic raids and open
dissatisfaction with living conditions, the legislature of Virginia
passed a law making it illegal to teach any slave how to read, write
or do arithmetic.

By the middle of the Nineteenth Century, private academies and
seminaries (for girls) began to replace the early Latin-Grammar
schools. The subjects of English, Latin, science, mathematics,
public speaking, spelling and penmanship were taught. The fine arts
subjects such as painting and music were stressed in the seminaries.
Some of the early academies included Prince Edward Academy (later
became Hampden-Sydney Academy and, eventually, Hampden-Sydney
College), Liberty Hall Academy (later, Washington College and,
eventually, Washington and Lee University), Fredericksburg Academy
(later, Fredericksburg College), Alexandria Academy, Shepherdstown
Academy (later, Shepherdstown College and, eventually, State Normal
School in West Virginia), Central Academy (later, Central College
and, eventually, the University of Virginia), Richmond Seminary
(later, Richmond College), Salem Academy (later, Roanoke College),
Monongahela Academy (later, West Virginia University) and Marshall
Academy (later, Marshall College and, eventually, a State Normal
School in Huntington, West Virginia). These academies are considered
forerunners of public high schools in Virginia because, even as late
as the period immediately prior to the War between the States, there
were very few public schools of any type in Virginia.

Henrico University was the first attempt in Virginia at an
institution for higher learning. The Indian Massacre of 1622 ruined
these conscientious efforts. The first two colleges actually
founded in Virginia were William and Mary College at Williamsburg
founded in 1693--the second oldest college in the thirteen original
colonies--and Washington and Lee University at Lexington founded
in 1749. William and Mary College was founded for the purpose of
providing an opportunity for higher education within the colony
itself; Washington and Lee University--originally known as Augusta
Academy, then Liberty Hall, and, eventually, Washington College
before being renamed Washington and Lee University--was founded to
educate young men in Virginia in a similar fashion to the academies
in England at that time. In 1819, the General Assembly passed a law
allotting $15,000 annually from the Literary Fund to be used for
a state university, the University of Virginia, to be located in
Charlottesville.

As in most states, the early private colleges were usually founded
by religious groups. By the end of the Nineteenth Century,
colleges had been established in Virginia by Presbyterians,
Episcopalians, Catholics, Baptists, Methodists, Lutherans and
the Brethren Sect. The following institutions were in existence
at this time: the Protestant Episcopal Theological Seminary in
Alexandria, the University of Richmond (Baptist), Hampden-Sydney
College at Hampden-Sydney (Presbyterian), St. Vincent's Seminary
and College at Richmond (Catholic), Emory and Henry College at
Emory (Methodist), Roanoke College at Salem (Lutheran), St. John's
Catholic Academy and Seminary at Norfolk, Mary Baldwin College
at Staunton (for women--Presbyterian), Randolph-Macon College at
Ashland (for men--Methodist), Bridgewater College at Bridgewater
(Brethren), St. Paul's Polytechnic Institute at Lawrenceville
(Episcopalian), the Virginia Theological Seminary and College
at Lynchburg (for Negroes), Randolph-Macon College at Lynchburg
(for women--Methodist), Union Theological Seminary in Virginia at
Richmond (Interdenominational) and Virginia Union University at
Richmond (for Negroes--Baptist).

Other colleges founded in the Nineteenth Century include the Hampton
Institute at Hampton (private--Negro), Medical College of Virginia
at Richmond (state), Hollins College at Hollins (private), Longwood
College at Farmville (state--women), Virginia Military Institute
at Lexington (state), Virginia Polytechnic Institute at Blacksburg
(private) and Virginia State College at Petersburg (Negro). Madison
College was founded in 1908 at Harrisonburg as a private institution
of higher learning and, nine years later, Eastern Mennonite College
was also chartered in Harrisonburg.

The increase of women in colleges became apparent by the Twentieth
Century with the organization of Sweet Briar College at Sweet Briar
(private), Mary Washington College at Fredericksburg (women's
division of the University of Virginia--state), Randolph-Macon
Woman's College at Lynchburg, Lynchburg College at Lynchburg
(coed--Disciples of Christ) and Radford College at Radford (women's
division of the Virginia Polytechnic Institute--state). In
addition, there are seven junior colleges: Stratford at Danville,
Averett at Danville, Southern Seminary and Junior College at Buena
Vista, Sullins at Bristol, Marion at Marion, Virginia Intermont
at Bristol--all colleges for women only. These additional junior
colleges--Shenandoah at Dayton, Bluefield at Bluefield and Ferrum at
Ferrum--are coed institutions.

Public schools were initially supported by a Literary Fund and by
one-half the capitation tax. Gradually, all the capitation or poll
tax money was transferred to the Literary Fund. After the middle of
the Nineteenth Century, some cities and counties in Virginia began
to adopt a system of free schools for the general public. For the
first time, a favorable attitude toward public education on the part
of a majority of the Virginians became apparent. The long-assumed
idea that public schools were charity schools tinged with a social
stigma faded into the background and public education for all the
children began to be widely encouraged. Before much actual progress
along this line was achieved, however, the War between the States
took place. As a result, most of the academies were forced to close
and education for a time became a comparatively minor issue.

After the War between the States, the Underwood Constitution
included a provision requiring public education through the
establishment of a uniform system of free public schools in all
counties of the state. The deadline date for organizing and
establishing such a system was 1876. A State Superintendent of
Public Instruction was elected by the General Assembly, a State
Board of Education was formed, and public education itself was
financed by interest on the Literary Fund, capitation tax revenue,
revenue from state and local property taxes and a state tax on each
male twenty-one years old or over. Reverend William H. Ruffner of
Lexington was the first State Superintendent of Public Instruction
in Virginia.

Racial segregation in the public schools of Virginia was
constitutionally established in the Underwood Constitution of
1902. Section 149 stated that white and colored children were not
to be taught in the same schools. This idea had been in existence
in statute law since 1869-1870, and the Constitution of 1902 also
specifically stated that public funds were to be restricted, with a
few exceptions, to public school use.

Gradually, teacher training courses were offered and improved and
teacher scholarships were created in the attempt to organize a large
number of new schools with qualified teacher personnel. Eventually,
specialized courses were offered in the elementary and secondary
schools: vocational courses including agricultural and industrial
arts courses and household arts courses, Bible Study, Music,
Drawing, Art and commercial subjects such as bookkeeping, shorthand
and typing were introduced. These courses coupled with the original
fundamental courses provided a rich curriculum for the public
school children of Virginia. By 1920, health examinations, health
instructions and physical training were required of each student.
Early State Superintendents of Instruction faced tremendous problems
in their attempts to organize and develop a whole new school system.

The importance of education in Virginia by 1918 is ascertained by
the fact that the state legislature at that time passed an act
ordering the State Board of Education to appropriate a fund of not
more than $10,000 to be used for a scientific evaluation study of
the Virginia schools by a special Survey Commission. Both the Inglis
Survey of 1919 (named after Dr. Alexander Inglis, Director of the
survey) and the O'Shea Survey of 1927 (named after Dr. M. V. O'Shea,
Director of the survey) resulted in considerable improvements in
the organization and administration of the educational system and
in curricular offerings. Some of the recommendations included
the appointment of the State Board of Education by the Governor
with confirmation by the State Senate, the appointment of the
State Superintendent of Public Instruction by the State Board of
Education, the selection of a variety of basic textbooks by the
State Board of Education, an increase in vocational education
courses of study, a minimum nine month academic year, compulsory
school attendance, improvement in teacher certification standards,
the county unit plan (rather than the district plan) of school
organization and a substantial increase in the salaries of teachers.

When the depression occurred in the late 1920's and early 1930's,
Virginia was affected but to a lesser degree than most of the
other states. One of the first items drastically reduced in the
local and state budgets was school expenditures. Regardless of
its financial hardship, however, the educational system continued
to improve. A new Division of Instruction headed by a Director of
Instruction was created in the State Department of Education to
assume the responsibility of improving the instruction program in
the Virginia public schools. Later, a Supervisor of Elementary
Education and a Supervisor of Music was added to the State structure
and a Supervisor of Secondary Education, a Supervisor of Negro
Education and a Supervisor of Physical and Health Education were
selected. Course content has been revised and new subjects added
as needs warranted. Recent progress includes the development of
audio-visual aids, rehabilitation education courses for disabled
veterans, special education for the "exceptional" child and for the
mentally retarded child, distributive education and adult education
courses. Most of the public schools in the Commonwealth now have a
twelve-year basic plan with the seven-five system predominating:
seven years in grade school (elementary) and five years in high
school (secondary).

Some of the outstanding public educators in Virginia have been
James Blair, Reverend William H. Ruffner, R. R. Farr, Dr. F. V.
N. Painter, John L. Buchanan, John E. Massey, Joseph W. Southall,
Joseph D. Eggleston, Dr. R. C. Stearnes, Harris Hart, Sidney B.
Hall, Dabney S. Lancaster, G. Tyler Miller, Dowell J. Howard, Dr.
Davis Y. Paschall, Dr. Woodrow W. Wilkerson--State Superintendents
of Public Instruction--George Wythe, Edwin Alderman, Edward
Armstrong, Samuel C. Armstrong, George Denny, Thomas R. Dew, William
H. McGuffey, Benjamin S. Ewell, John Langston, John T. Lomax, Booker
T. Washington, William Morton, William Pendleton, Thomas R. Price,
Francis Henry Smith, William Waugh Smith, Charles E. Vauter, William
Wilson, Milton Humphreys, Ed Joynes, Lyon Tyler and J. L. Blair
Buck. Countless individual teachers, state and local administrators,
and parent-teacher organizations have also contributed ideas which
have influenced and improved the educational facilities throughout
the state.

Education has become one of the greatest problems in the
Commonwealth and a field of paramount interest to the citizens as
well as to state and local officials, the students, the parents,
and the professional educational staff directly involved. As the
enrollments have rapidly increased, the governors, state legislators
and local officials have increased their concern and support,
causing the educational facilities to improve and expand. Such
actions provide opportunities for the residents of Virginia to
obtain a well-rounded education.

SUMMARY

Literature reveals the everyday experiences of people as well
as their dreams and aspirations. Personal diaries, journals and
letters were frequently used during colonial days to describe ideas
and events. Poetry was scarce but many scholarly articles, often
historically inclined, were written. Political thinking soon became
a favorite topic for written expression and biographies and essays
became numerous. Edgar Allan Poe, a resident of Virginia from his
adoption at the age of three, is considered the most original author
for his creation of the modern short story and the detective story.
Virginians also have contributed several historical and romantic
novels. The distinguished history and picturesque setting of
Virginia has furnished innumerable topics of interest for written or
oral expression.

Art has flourished in Virginia from the handicraft of the early days
to the plastic sculpturing of the present. In the colonial period,
European artists often visited Virginia and used Virginia and her
residents as their subjects. Later, Virginia artists began to study
abroad and, upon their return home, engaged primarily in portrait
and panorama painting. Edward Valentine created unusual, as well as
fine, sculptures. Foreign artists as well as native artists have
often used Virginia personalities and scenes as sources for their
inspiration.

Although Virginia can claim only two separate types of original
architecture--the Colonial type influenced by England and altered to
fit the environment of Virginia and the Jeffersonian type originated
through the artistic efforts of Thomas Jefferson himself--Americans
and foreigners still visit and study these architectural types
in an effort to imitate or perpetuate such desirable styles. The
Commonwealth has a variety of standard forms of architecture.

Organs, harpsichords and violins were popular musical instruments
in colonial days in Virginia. Gradually, American folk music,
Negro spirituals, the founding of the "Etude" music magazine and
the invention of the five-stringed banjo tended to increase and
popularize music in Virginia. John Powell of Richmond is considered
Virginia's greatest single contributor to the musical composition
field.

From the Williamsburg Theater of 1716 to the Barter Theater of the
present, Virginians have shared the spotlight, the hardships and the
fame of plays, vaudeville, moving pictures, radio and television.
The annual production of "The Common Glory," an historical drama, at
Lake Matoaka Theater in Williamsburg attracts thousands of patrons.

Education, the "backbone" of cultural activities, is one of the
most challenging current problems facing Virginia. Personal
training in the home, apprenticeship training outside the home,
the church and church school education, private tutoring and
private and public institutions of education of the elementary,
secondary and higher education level--all are significant milestones
along the educational paths of Virginia. With the educational
facilities expanding on all levels to meet the rapidly increasing
enrollment, with teacher training becoming more specialized,
with the improvement in standard courses and the addition of new
courses of study and with larger legislative appropriations for
education, education in Virginia provides more students with better
opportunities for effective learning.

The changing pattern of everyday living can be recognized by
observation and analysis of the literature, art, architecture,
music, drama and education of a people. The inhabitants of the
Commonwealth, consequently, have woven a particular pattern of their
own from their contributions to these various phases of Cultural
Life.

7

Political Life

_Background of Present State Constitution_

The original Constitution for the State of Virginia was written
at a special convention held in Williamsburg from May 7, 1776 to
July 5, 1776. The Constitution itself was officially adopted on
June 29, 1776, making this date the birth date of the State. The
individual who was primarily responsible for most of the content
in the original Constitution was George Mason. The creation of the
first Constitution was unusual in two respects: at the time it was
written, the convention members decided upon specific powers which
the newly-formed government should not have before it determined
those powers which it should have; furthermore, the Constitution
was adopted officially by the convention members without the usual
procedure of submitting it to the voters for final ratification.

As years pass and conditions vary, it becomes necessary to make
changes in the framework of a government to meet such needs.
Consequently, on four specific occasions, the Constitution of
Virginia has been rewritten: namely, in 1829-1830, 1850, 1867 and
1901.

In 1816, the residents west of the Blue Ridge Mountains demanded
more representation in their state government and fewer suffrage
restrictions. After many years of discontent, these individuals
finally encouraged enough residents throughout the state to vote
for a constitutional convention to be held in Richmond in 1829.
At the convention, suffrage was extended slightly although all
non-real estate owners still could not vote. The term of the
Governor was extended to a three-year term with an increase in
his powers, and representation was reapportioned to benefit the
inhabitants living west of the Blue Ridge Mountains. However,
in the redistribution of seats in the House of Delegates, the
residents in the Trans-Allegheny section lost some seats. When the
proposed Constitution was submitted to the people of Virginia for
ratification, 26,055 voted for it and 15,166 voted against it. In
this vote, for the first time, the Valley people of the western part
of the state joined the residents of the east rather than their
Trans-Allegheny neighbors who had strongly opposed it. The new
Constitution was officially adopted in 1830.

After the national census of 1840 had been taken, it revealed an
unfair numerical representation of the white people west of the
Blue Ridge Mountains in comparison with the representation of the
number of white people living east of the Blue Ridge Mountains. Such
unfair representation existed in both houses of the General Assembly
to the extent that some residents even suggested that the people
of the western part of Virginia create a separate state and call
it Appalachia. Special local meetings were held and a referendum
was finally suggested to determine the need of a constitutional
convention as an attempt to correct this unfair condition.
Finally, a state-wide vote in 1850 recommended such a convention
be held in Richmond in the same year. After numerous arguments
among the delegates had been voiced over a four months' period, a
compromise was eventually adopted. The national census of 1850 was
to be used as the official white population count and legislative
representation was to be based upon this count: the effect of the
compromise was to give the counties west of the Blue Ridge Mountains
a majority in the House of Delegates and the counties east of the
Blue Ridge Mountains a majority in the State Senate. Additional
reforms were adopted which resulted in this 1850 convention
sometimes being referred to as "the reform convention": suffrage was
extended considerably to white male citizens; oral balloting was to
be maintained; the Governor, the Lieutenant Governor, the Attorney
General, certain judges, county clerks and sheriffs were to be
elected directly by the qualified voters; the tenure of the Governor
was extended to a four-year term; and the General Assembly was to
meet once every two years instead of annually. A capitation or poll
tax was to be levied upon each voter and half of the revenue from
this tax was to be used for school purposes. The General Assembly
was given additional power to control slavery by the passage of
certain restrictions which were to be imposed upon slaveowners. This
third Constitution for Virginia was officially adopted in 1851 after
it had been ratified by the voters of the state.

After the War between the States had ended and the Reconstruction
Period had begun, Virginia became Military District Number One in
March 1867 with General John M. Schofield as its chief executive.
The United States Congress demanded that Virginia and the other
nine former seceded states rewrite their state constitutions. When
the delegates of the constitutional convention met on December
3, 1867, they consisted of 32 Conservative Party members, 25
Radical Republican Negroes, 14 native Virginia Radical Republicans
and 31 Carpetbaggers, Scalawags and aliens. The constitution
which resulted from this convention is known as the Underwood
Constitution because the chairman of the convention was Judge John
C. Underwood, a Radical Republican. Some of the provisions of this
constitution included the division of each county into townships,
the establishment of a county court with a single judge in each
county, the appointment of a Board of Supervisors in each county
to carry out the executive powers, the levying of a high tax rate
on landed property, the compulsory creation of a public school
system, the denial of suffrage to many former Confederate leaders
and a restriction of allowing only former non-supporters of the
Confederacy to hold office or act as a juror. In 1869, upon the
recommendation of President Ulysses S. Grant, the United States
Congress allowed Virginia voters to vote at a popular referendum on
the Underwood Constitution itself and then to vote separately on
the sections which denied suffrage rights and office-holding rights
to former Confederates. On July 6, 1869, the qualified voters of
Virginia ratified the Underwood Constitution and rejected the other
two sections.

In 1897, an attempt to hold a constitutional convention was defeated
but three years later, the people of the Commonwealth voted in
favor of a constitutional convention. This fifth constitutional
convention began in June 1901 and continued for approximately one
year. As a result of this convention (described in Chapter Four),
numerous changes were made which were considered so important by
the delegates at the convention that they decided to "proclaim"
this Constitution of 1902 as the fundamental law of Virginia rather
than to submit it to the voters for ratification. Consequently, on
May 29, 1902, the Constitution of 1902 was voted by the convention
delegates for adoption and this is the present Constitution of the
Commonwealth, with certain subsequent revisions.

Like the Constitution of the United States, the Virginia
Constitution is divided into major areas called articles and into
subdivisions called sections. There are seventeen articles and
two hundred and one sections. The following topics found in the
articles indicate the broad range of subjects included: the Bill of
Rights, Elective Franchise and Qualifications for Office, Division
of Powers, Legislative Department, Executive Department, Judiciary
Department, Organization and Government of Counties, Organization
and Government of Cities and Towns, Education and Public
Instruction, Agriculture and Immigration, Public Welfare and Penal
Institutions, Corporations, Taxation and Finance, Miscellaneous
Provisions--Homestead and Other Exemptions, Future Changes in the
Constitution, Rules of Construction, and Voting Qualification of
Armed Forces.

_The Virginia Bill of Rights_

Article I is the Bill of Rights. Such rights are prefaced by an
introductory paragraph in the article which states that this
series of rights form the backbone of the governmental structure
in Virginia: "A declaration of rights made by the good people of
Virginia in the exercise of their sovereign powers, which rights
do pertain to them and to their posterity, as the basis and
foundation of government." The famous Declaration of Rights which
follows the introductory paragraph was written by George Mason and
introduced at the Williamsburg Convention by Archibald Cary. It was
unanimously adopted by the convention members on June 12, 1776, and
its principles were considered so significant that they were later
used as the basis for the Bill of Rights in the Constitution of the
United States as well as for many other state bills of rights. The
importance attached to these provisions has resulted in the Virginia
Bill of Rights often being called the "Magna Charta of Virginia."

In seventeen different sections, the Virginia Bill of Rights
guarantees various underlying principles 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 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"--Thus, freedom and equality
     of every individual is recognized, and one's rights of life,
     of liberty, of owning property and of achieving happiness and
     safety are guaranteed.

     (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"--Thus, a principle
     of democracy is expressed that the right to rule comes from the
     people themselves and that office-holders are representatives of
     the people and are responsible to the people.

     (3) "That the government is, or ought to be, instituted for the
     common benefit, protection and security of the people, nation
     or community; of all the various modes and forms of government,
     that is best which is capable of producing the greatest degree
     of happiness and safety, and is most effectually secured against
     the danger of maladministration; and, whenever any government
     shall be found inadequate or contrary to these purposes, a
     majority of the community hath an indubitable, inalienable
     and indefeasible right to reform, alter or abolish it, in
     such manner as shall be judged most conducive to the public
     weal"--Thus, the objective of a government is to benefit,
     protect and preserve security for the people. The best type of
     government is that which results in the greatest happiness and
     safety of all those whom it governs. Whenever a majority of
     those being governed consider such government as not attaining
     such an objective, they have a right to change it, reform it,
     or, if deemed wise, to abolish it as long as it is done in a
     legal manner considered for the good of all involved.

     (4) "That no man, or set of men, is entitled to exclusive or
     separate emoluments or privileges from the community, but in
     consideration of public services; which not being descendible,
     neither ought the offices of magistrate, legislator or judge to
     be hereditary"--Thus, the amount of financial profit or gain
     received by an office-holder in any community is to be based
     solely upon his rendering public service to the community.
     Consideration of birth, influence or wealth is to be ignored,
     and office-holding itself cannot be automatically inherited or
     handed down from father to son.

     (5) "That the legislative, executive and judicial departments
     of the State should be separate and distinct; and that the
     members thereof may be restrained from oppression, by feeling
     and participating the burthens of the people, they should, at
     fixed periods, be reduced to a private station, return into that
     body from which they were originally taken, and the vacancies
     be supplied by regular elections, in which all or any part of
     the former members shall be again eligible, or ineligible, as
     the laws may direct"--Thus, the principle of the separation
     of powers is set forth, that is, the legislative, executive
     and judicial departments are organized as three separate,
     independent departments. Officials should have specific terms of
     office and should be elected for designated periods of time at
     the end of which time they should return to their former private
     status and be eligible for re-election if the law provides for
     such an opportunity.

     (6) "That all elections 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 suffrage,
     and cannot be taxed, or deprived of, or damaged in, their
     property for public uses, without their own consent, or that
     of their representatives duly elected, or bound by any law to
     which they have not, in like manner, assented for the public
     good"--Thus, all elections should be free and open, and all
     men who have become regular residents of a community should
     be allowed to vote. Property cannot be taxed, disposed of
     or damaged for public use without the consent of the people
     involved or that of their representatives. Neither can the
     people be forced to abide by any law unless it has been voted
     upon by them or by their elected representatives.

     (7) "That all power of suspending laws, or the execution of
     laws, by any authority, without consent of the representatives
     of the people, is injurious to their rights and ought not to be
     exercised"--Thus, no office-holder should have the authority to
     suspend a law or to carry out a law, independent of the legal
     representatives of the citizenry.

     (8) "That in 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. He
     shall not be deprived of life or liberty, except by the law of
     the land or the judgment of his peers; nor be compelled in any
     criminal proceeding to give evidence against himself, nor be
     put twice in jeopardy for the same offense...."--Thus, any man
     accused of a crime is entitled to certain rights: to be informed
     of the charges placed against him, to meet face to face with the
     witnesses and accusers, to defend himself in a fair and speedy
     trial with an impartial or unprejudiced jury. He cannot be
     deprived of life or liberty except by legal judicial action; he
     cannot be made to testify against himself; and he is ineligible
     to be tried twice for the same crime.

     (9) "That excessive bail ought not to be required, nor
     excessive fines imposed, nor cruel and unusual punishments
     inflicted"--Thus, bails, fines and punishments must be
     reasonable.

     (10) "That general warrants, whereby an officer or messenger
     may be commanded to search suspected places without evidence of
     a fact committed, or to seize any person or persons not named,
     or whose offense is not particularly described and supported
     by evidence, are grievous and oppressive, and ought not to be
     granted"--Thus, a search warrant should state specifically the
     exact place to be searched or the exact individual to be seized
     and the offense should be specified.

     (11) "That no person shall be deprived of his property without
     due process of law; and in controversies respecting property,
     and in suits between man and man, trial by jury is preferable
     to any other, and ought to be held sacred. The General Assembly
     may limit the number of jurors for civil cases in courts of
     record to not less than five in cases cognizable by justices
     of the peace, or to not less than seven in cases not so
     cognizable"--Thus, since man has a right to own property, he
     cannot be deprived of it without due course of law. In certain
     types of lawsuits, trial by jury is believed the best legal
     procedure.

     (12) "That the freedom of the press is one of the great bulwarks
     of liberty, and can never be restrained but by despotic
     governments; and any citizen may freely speak, write and
     publish his sentiments on all subjects, being responsible for
     the abuse of that right"--Thus, the right of the freedom of
     press and of the freedom of speech is advocated as long as an
     individual assumes the responsibility for same.

     (13) "That a well-regulated militia, composed of the body of the
     people, trained to arms, is the proper, natural and safe defense
     of a free State; that standing armies, in time of peace, should
     be avoided as dangerous to liberty; and that in all cases the
     military should be under strict subordination to, and governed
     by, the civil power"--Thus, a militia promotes the safety of the
     people. There are dangers of a standing army of professional men
     in peacetime, and, even in wartime, the military group should be
     subject to civilian authority.

     (14) "That the people have a right to uniform government; and,
     therefore, that no government separate from, or independent of,
     the government of Virginia, ought to be erected or established
     within the limits thereof"--Thus, the people in the State should
     be governed by the same rules and regulations. No other separate
     or independent government within Virginia other than the one
     established by the State Constitution can be organized.

     (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 frequent
     recurrence to fundamental principles"--Thus, government, like
     men, must be guided by moral principles: namely, justice,
     moderation, temperance, frugality and virtue. Without repeated
     adherence to these moral precepts, free government cannot
     survive.

     (16) "That religion or the duty which we owe to our Creator, and
     the manner of discharging it, can be directed only by reason and
     conviction, not by force or violence; and, therefore, all men
     are equally entitled to the free exercise of religion, according
     to the dictates of conscience; and that it is the mutual duty of
     all to practice Christian forbearance, love and charity toward
     each other"--Thus, the right of the freedom of religion is
     advocated and guaranteed.

     (17) "The rights enumerated in this bill of rights shall not
     be construed to limit other rights of the people not therein
     expressed"--Thus, since there are other rights not included in
     this Bill of Rights, this last section reminds the people that
     there are additional rights not specifically included in this
     article.

An understanding of the natural fundamental rights of a people as
individuals, as guaranteed by the Virginia Bill of Rights, causes
one to appreciate deeply the guarantees of liberty and freedom
provided for the people of the State.

_Election Requirements, Offices and Procedures_

The extreme importance which the early Virginians attached
to suffrage is recognizable by the location of the voting
qualifications in the Virginia Constitution. Such qualifications
directly follow the Bill of Rights as Article II and include the
following requirements:

(1) a citizen of the United States

(2) at least twenty-one years of age

(3) a resident of Virginia at least one year

(4) a resident of the county, city or town at least six months

(5) a resident of the voting precinct at least thirty days prior to
the election

(6) the payment of an annual state capitation or poll tax of one
dollar and fifty cents to the county or city treasurer at least
six months prior to the election; the receipt of such payment is
necessary for registration before voting. A resident who, although
eligible to vote at the age of twenty-one, has refrained from doing
so must pay a poll tax assessable against him for a maximum three
years before being able to vote. A new resident must pay only for
each year or part of a year spent in Virginia.

(7) the passing of a literacy test to prove one's ability to read
and write in English and to understand the functions of government

(8) proper registration at least 30 days before the election at
the office of the local Registrar of Elections which includes the
presentation of one's poll tax receipt, the filling in of certain
required forms pertaining to personal history and the swearing under
oath of the truth of one's statements. Registration in Virginia
is now permanent so that after a resident citizen has properly
registered, he does not have to repeat this process unless he moves.
A noteworthy provision of the Constitution allows any person who is
an active member of the United States Armed Forces to be exempt from
paying a poll tax and from registering as a prerequisite to voting.
Likewise, his poll taxes are cancelled and annulled for the three
years next preceding if he has an honorable discharge.

Certain persons are excluded by Article II from registering and
voting: idiots, insane persons, paupers, persons disqualified by
crime or specific disabilities which have not been removed, persons
convicted of treason, felony, bribery, petit larceny, obtaining
money or property under false pretenses, embezzlement, forgery or
perjury. The General Assembly has the power, by a two-thirds vote,
to remove such disabilities.

Qualified citizens of Virginia have the opportunity to elect three
types of officials:

     (1) national officials--the President and the Vice-President
     of the United States (every four years), two United States
     Senators (normally, every six years) and ten United States
     Representatives (normally, every two years).

     (2) state officials--the Governor, Lieutenant-Governor,
     Attorney-General (every four years), forty State Senators (every
     four years) and one hundred House of Delegates members (every
     two years).

     (3) local officials--County: Treasurer, Sheriff, Commonwealth
     Attorney, Commissioner of the Revenue (every four years),
     County Clerk (every eight years) and Assembly members or
     members of the Board of Supervisors; City: Treasurer, Sergeant,
     Mayor, Councilmen, City Attorney for the Commonwealth, City
     Commissioner of the Revenue (every four years) and Clerk of the
     City Courts (every eight years).

All elections by the people are by secret ballot. Generally,
election officials are sworn in office the day of the election;
one of the judges opens the ballot box publicly, turns it upside
down to prove its emptiness, locks it and keeps it locked until
the voting polls are closed. At the beginning of the election day,
the election judges receive the registration books and the list of
those citizens whose past three years poll tax has been paid. The
election clerk receives a poll book, a blank book to be used for
the official listing of the voters who come to the polls. After all
election officials have received their necessary clerical supplies
and their instructions, the polls are opened for voting. Thus, a
citizen is immediately checked for his proper registration and poll
tax payments when he comes to vote. He then receives a ballot which
he alone marks secretly in a voting booth. Voting must be performed
carefully because a defaced, improperly marked ballot may be
challenged and thrown out. He folds his ballot to maintain secrecy
and hands it to an election judge who places it immediately in the
ballot box. It is illegal for a voter to be approached concerning a
possible candidate any nearer than 100 feet from the polling place.
Fifteen minutes before closing time for the polling place, one of
the election judges will loudly proclaim this fact in front of the
polling place. Exactly fifteen minutes later, the voting officially
ends and only ballot holders at this time are allowed to cast their
vote.

After the polls are closed, all the unused ballots are placed in a
special envelope marked accordingly. The used ballots are tipped out
of the ballot box onto the table. All the election officials present
check the complete emptiness of the box. Representatives of each of
the political parties are allowed to watch the correct counting of
the votes. The election clerks make two sets of tally sheets which
include the names of all the candidates which appeared on the ballot
and each clerk keeps personal tally as the ballots are counted and
the names of the candidates voted for are called off by the election
judges. The usual tally method is used, and the word "tally" is
spoken by each clerk as the diagonal fifth line is drawn so that any
mistakes in the count made by either clerk can be caught quickly.
Any time there is disagreement between the tally scores of the two
clerks, a complete recounting of the ballots for the candidate
whose score disagrees must take place. In case of a tie vote for a
Congressman, Assemblyman, or county or city official, the outcome
is determined by the Election Board, often by the flip of a coin.
When all the votes have been tallied, an official written report is
prepared on the back of each poll book: it includes the number of
votes cast individually and totally for each candidate. This report
is signed by the election judges and the election clerks. These poll
books plus the used ballots and the unused ballots are submitted
to the county or city clerk and later reviewed by the Board of
Elections. The successful candidates then receive a certificate of
election which makes them officially elected to their respective
offices.

Every person qualified to vote is eligible to any office of the
State, county, city or other subdivision of the State wherein he
resides except as stated otherwise in the State Constitution.
Persons eighteen years of age are eligible to the office of notary
public. The terms of all officers elected begin on the first day of
February after their election unless otherwise stated. The members
of the General Assembly and all officers, executive and judicial,
elected or appointed, take the following oath or affirmation: "I do
solemnly swear (or affirm) that I will support the Constitution of
the United States, and the Constitution of the State of Virginia,
and that I will faithfully and impartially discharge and perform
all the duties incumbent on me as ----, according to the best of my
ability, so help me God."

Any person who is registered and qualified to vote at the next
succeeding regular election is eligible to vote at any legalized
primary election held for the nomination of any candidate for office.

_Legislative, Executive and Judicial Departments_

The separation of powers theory in government is considered so
important that Article III of the Virginia State Constitution
concerns solely this underlying principle: namely, that the
legislative, executive and judicial departments are to be separate
and distinct. To emphasize this idea, the Constitution further
states that neither department shall "exercise the powers properly
belonging to either of the others nor may any person exercise the
power of more than one of them at the same time."

The Legislative Department--Since one of the chief functions of a
government is to make laws, it is logical for Article IV of the
Constitution to consist of a detailed description of the Legislative
Department: its composition, membership, qualifications, powers and
limitations.

The State legislature or legislative branch is called the General
Assembly. It is a bicameral legislature composed of an upper
house, the Senate, and a lower house, the House of Delegates. This
legislative body has been in continuous existence since 1619 and
is believed to be the oldest one in the Anglo-Saxon world and the
second oldest Parliament in the entire world.

The Constitution requires that the Senate consist of not more than
forty and not less than thirty-three members, elected quadrennially
(once every four years). There are forty members in the present
State Senate, and their term of office is four years. They are
elected to office by the qualified voters of the State Senatorial
Districts on the first Tuesday following the first Monday in
November of every other odd-numbered year in which the Governor is
not elected. Therefore, they are elected during the mid-term of
the Governor. The State Constitution requires that the House of
Delegates consist of not more than one hundred and not less than
ninety members. In the present House of Delegates, there are one
hundred members, and their term of office is two years. Members
of the House are elected to office by the qualified voters of the
State House districts on the Tuesday following the first Monday
in November of every odd-numbered year. Both the Senatorial and
House of Delegates Districts are set up by the General Assembly in
that a special commission is appointed by the governor to do the
districting: this commission membership must be approved by the
General Assembly. The Constitution requires that reapportionment
or redistricting take place every ten years to offset population
changes. The last reapportionment was made in 1952; therefore, the
next reapportionment or redistricting is due in 1962. There are now
thirty-six State Senatorial Districts, thirty-three of which are
entitled to one Senator each and seventy-six House of Delegates'
districts, sixty-two of which are entitled to one Delegate each.

Any qualified voter living in a Senatorial or in a House district is
eligible for election from that district to the General Assembly.
However, no General Assembly member can hold any other public
office at the same time or be elected by this assembly to any
civil office of profit in the state during his term of office.
Likewise, an individual who holds a federal government or state
government salaried office or employment or the position of court
judge, Commonwealth attorney, sheriff, sergeant, treasurer, assessor
of taxes, commissioner of revenue, collector of taxes, or court
clerk cannot be a member of either house of the General Assembly
during his continuance in office. If such an individual is elected
to either house of the General Assembly, his former office must
be vacated. Two Constitutional requirements are necessary: the
individual must be a qualified voter and must live in the district
he represents.

The salaries of the members of the General Assembly are fixed by law
and are paid from the public treasury. Any act passed which provides
for an increase of legislative salary cannot take effect until the
end of the term for which the members voting thereon were elected.
The present salary is $1080 per regular sixty-day biennial session
(plus $720 for expenses) for the House of Delegates members and
for the State Senators and $1,260 for the Speaker of the House of
Delegates and the President of the Senate.

The General Assembly meets at Richmond in regular session once
every two years on the second Wednesday in January in even-numbered
years, directly following the election of the members of the House
of Delegates. The maximum number of days in the regular session is
sixty, but a session may be extended not longer than thirty days if
three-fifths of the members of each house concur. The usual session,
however, is sixty days in length. A special session may be called at
any time by proclamation of the Governor on his own initiative or
by him at the request of two-thirds of the members of both houses.
Neither house can, without the consent of the other, adjourn to
another place nor for more than three days while a session is still
in progress. A quorum is necessary to do business and a majority
of the members of each house is considered as a quorum. However, a
small number may adjourn from day to day and they have the power to
compel the attendance of members according to the rules established
by each house individually. The House must organize itself at the
outset of each session because its members have been elected the
preceding November. The Clerk of the previous House serves until a
new chairman has been chosen. Therefore, the Clerk calls the House
to order, calls the roll, and officially swears in the members.

The chairman of the House of Delegates is called the Speaker: he is
chosen by the House of Delegates members after a party caucus. The
chairman of the Senate is called the President of the Senate and
the Lieutenant-Governor automatically serves as chairman. In the
absence of the Lieutenant-Governor or whenever he finds it necessary
to carry out the office of Governor, the Senate chooses a president
pro tempore (president for-the-time-being) from its own membership.
Each house of the General Assembly selects its own officers (Clerk,
Sergeant-at-Arms, two Door Keepers), settles its rules of procedures
and directs writs of election for filling vacancies which may occur
during the General Assembly's session. If vacancies occur during
the recess period when the General Assembly is not in session, the
Governor may issue writs of election as prescribed by law. Each
house is responsible for determining its own rules and for judging
the election, qualifications, and returns of its own members; each
house may punish its members for disorderly conduct and may expel a
member whenever two-thirds of its members so concur.

The members of the General Assembly are entitled to certain
privileges. They are free from arrest during the session of their
particular house except in cases of treason, felony (a serious
crime) or breach of the peace. They cannot be questioned in any
other place for any speech or debate in which they participate in
either house. Furthermore, they are free from arrest under any civil
process during the regular sessions of the General Assembly and
during the fifteen days directly preceding or directly following the
session.

Each house of the General Assembly must keep a journal of its
proceedings and must publish it from time to time. Whenever
one-fifth of the members present express a desire to have the "yeas"
and "nays" of their members on a specific question recorded, such
information must be entered in the journal. The Clerk of each house
has this important duty of journal-keeping. In addition, the Clerk
also prepares the payroll, keeps the docket and supervises the
printing of the legislative acts--hence, he is often called the
"Keeper of the Rolls" of the Commonwealth.

As mentioned earlier, the chief purpose of any legislative body is
to make laws. In Virginia, every law must be introduced in the form
of a bill. There are six major steps in the process whereby a bill
becomes a law:

     (1) A bill may originate in either house. The legislator who
     sponsors it is called the "Patron." It is customary for all
     appropriation bills to be introduced in the House of Delegates;
     the Clerk of the house in which it originated assigns a number
     to it. No regular bill can be introduced after the beginning of
     the last three weeks of a session.

     (2) The bill is then referred to the proper committee of each
     house. There are twenty-one standing committees in the Senate
     and thirty-four standing committees in the House of Delegates.
     In addition, there are a few joint standing committees--Senators
     and Delegates serving together on a committee--including an
     auditing committee, nominations and confirmations committee,
     printing committee and a library committee. The bill is
     considered carefully by the proper committee and then reported
     back to the Clerk of the House.

     (3) The bill is then printed by the house in which it
     originated. The original bill is sent directly to the printer,
     and the copies are usually then printed and distributed to
     the members the next day. When the Clerk, having received the
     committee report, places the bill an the calendar, it is called
     the first reading and only the title of the bill is read at this
     time.

     (4) The bill is read in its entirety when its turn comes
     on the calendar and the "Patron" explains carefully its
     contents. Detailed discussion may take place and amendment,
     rejection, referral to another committee for further study or
     approval occurs. If the bill is approved, it is then sent to
     be engrossed--the contents of the bill is pasted on a large
     sheet of paper with the amendments or suggestions included in
     the proper place for final examining. This entire procedure is
     called the second reading.

     (5) The third reading takes place when the bill is being
     considered for final passage. The bill must be passed in both
     houses in a recorded vote of "aye" or "nay" on a roll call with
     a majority of "ayes" from those voting: at least two-fifths of
     the members elected to each house must be participants in the
     voting. This is performed in Virginia by an electric voting
     machine. The names of the members voting for and against must
     be entered on the official journal of each house. Thus, a
     bill may be approved or rejected by either house. Frequently,
     a conference committee has to be appointed to smooth out
     differences between the two houses in regards to the details of
     a bill.

     (6) After the bill has been passed by both houses, it is
     enrolled--that is, printed in final form--and signed by
     the presiding officer of each house in the presence of the
     house members. The bill is then sent to the Governor for
     his consideration. (See Article V concerning the Executive
     Department.)

Either house may amend a bill by an approved "aye" vote of a
majority of those voting (at least two-fifths of the total
membership in each house is a required minimum for voting).

In case of an emergency measure, a recorded "aye" vote in the
official journals of four-fifths of the members voting in each
house may result in the omission of the usual required printing and
reading of the bill on three different calendar days.

[Illustration: VA. DEPT. OF CONSERVATION AND ECONOMIC DEVELOPMENT

_State Capitol at Richmond_]

A recorded affirmative vote by a majority of all the members elected
to each house is necessary for the passing of any bills which create
or establish a new office, which create, continue or revive a
debt or charge, or which concern public monies or taxes. All tax
bills must specifically state the tax requirements clearly.

Each law can include only one subject or object, and such subject
or object must be expressed in its title. In order to revive or
amend a law, the title reference alone cannot be used; the act
revived or the section amended must be re-enacted and published at
length. After a bill has been successfully passed, it generally
cannot take effect until at least ninety days after the adjournment
of the General Assembly session during which it was enacted. Two
exceptions to this restriction exist: a general appropriation law
and an emergency law. In these two instances, the General Assembly
by an official "aye" recorded vote, by a vote of four-fifths of the
members voting in each house, has the power to state the time such
laws are to take effect.

The House of Delegates has the right to bring impeachment charges
against the executive or judicial officers of the state. Impeachment
charges may be brought for malfeasance (unlawful or wrongful action)
in office, corruption, neglect of duty, or other high crimes or
misdemeanors. Such charges are prosecuted before the Senate which
has the sole power to try impeachments. A two-thirds affirmative
vote of the senators present is necessary for conviction. If an
individual is convicted of impeachment charges, he is subject to the
following penalties: removal from office and disqualification from
further office-holding under the State. In addition, the individual
is subject to indictment (a formal charge of crime presented by a
grand jury), trial, judgment and punishment according to law. It is
possible in Virginia for the Senate to try impeachments during the
recess of the General Assembly if the charges are preferred before
adjournment.

In addition to passing state laws, the General Assembly also has
the responsibility of electing (1) the judges of the Supreme Court
of the State where terms have expired and (2) the judges of all
circuit, corporate and chancery courts. Although the Governor
appoints all the executive department heads, appointments generally
must be approved by the General Assembly and likewise, all
commission member appointments must be confirmed or rejected by the
General Assembly.

According to the Federal Constitution, each state is represented in
the United States Senate by two senators usually elected directly
by the qualified voters of the state. The number of representatives
from each state in the United States House of Representatives
is based upon the proportional population of each state to the
others. According to the last national census, the state of
Virginia is entitled to ten members in the United States House of
Representatives, based upon its population in proportion to the
other states. In order to determine the sections of the state each
member will represent, the state legislatures usually are given the
power to divide their states into Congressional election districts
as well as state election districts. Therefore, the Virginia General
Assembly has the power to apportion the State into Congressional
districts. Virginia has, at the present time, ten Congressional
election districts. The state Constitution provides that these
districts must "be composed of contiguous (adjacent) and compact
territory containing as nearly as practicable, an equal number of
inhabitants."

Section 58 of Article IV of the Virginia Constitution is considered
so significant that it is required by the General Assembly to be
included in the subject matter of all schools in the state. Its
significance lies in the provisions included in this section which
guarantee added protection to individual liberties by a series of
prohibitions on the General Assembly itself. These prohibitions
include the following:

(1) The General Assembly cannot suspend the writ of habeas corpus
unless when, in case of invasion or rebellion, such action is
required for public safety. Habeas corpus, literally, is a Latin
expression meaning "You have the body"; a writ is a written legal
command or order. Therefore, a writ of habeas corpus is an official
order commanding a person who has another person in custody to
produce the body of such person who is being detained before
a court; thus, any person arrested or otherwise detained upon
suspicion of crime has the right to demand an immediate hearing in
court with a view to determine officially whether or not there is
adequate ground for his detention. If the prisoner is then believed
to have been detained on insufficient grounds, he will be given
his freedom; otherwise, he will be held for trial, with or without
release on bail. Consequently, the writ of habeas corpus acts as a
protection for each individual against possible illegal or unlawful
imprisonment.

(2) The General Assembly cannot pass a bill of attainder. In English
law, a bill of attainder was an act of Parliament which pronounced
the sentence of death against an accused person with consequent
complete destruction of his civil rights without even a trial being
conducted. In the Seventeenth Century these bills were commonly used
in England. The writers of the Virginia Constitution did not believe
in having an individual punished or convicted of a crime without a
trial by jury in a court with proper jurisdiction. This prohibition
guarantees a fair trial and means that an individual is "not guilty"
until proven "guilty" of violating some law or constitutional
provision.

(3) The General Assembly cannot pass an ex post facto law. "Ex
post facto" literally means "after the fact." An ex post facto
law is defined by the United States Supreme Court as one which
"makes an action done before the passing of the law, and which was
innocent when done, criminal, and punishes such action." Therefore,
the legislature cannot pass criminal legislation after an alleged
crime has been committed that, if brought to bear against an
accused person, would be to his disadvantage. Retroactive criminal
legislation which is not detrimental to an accused person is
permissible (for example, a law reducing a penalty). Therefore, only
those individuals who violated a law after a law has been passed are
subject to punishment.

(4) The General Assembly cannot pass a law impairing the obligation
of contracts. A contract is a formal agreement between two or more
persons binding them to a particular action. Such contracts play
a most important role in society today and must be regarded with
utmost sincerity. The United States Constitution specifically
prohibits the states from passing any law which would impair the
obligation of contracts, would weaken their effect or would make
them more difficult to enforce.

(5) The General Assembly cannot pass a law abridging the freedom
of speech or of the press. Individuals are granted the right to
participate in political discussion and criticism and in the
interchanging of ideas and opinions in general. This, however,
does not guarantee absolute freedom: one cannot utter or publish
untruths, incite insurrections, encourage the disobedience of laws,
defame the government, or give aid and comfort to foreign countries
involved in war against the United States. One can easily understand
the necessity for such limitations to freedom.

(6) The General Assembly cannot enact a law whereby private property
would be taken or damaged for public uses without just compensation.
The General Assembly has the authority to define the term "Public
Uses." Originally in Virginia, the courts decided this definition,
but an amendment later transferred this power from the courts to the
General Assembly, making it a legislative rather than a judicial
decision. The sovereign power of a state to take private property
for public purposes with proper compensation is called the "right of
eminent domain." The General Assembly must abide by such a right.
Therefore, a resident in Virginia is guaranteed protection from
having his private property seized from him for unfair or unjust
compensation. In case of a dispute over the fair value of such
property, the court decides the fair amount.

(7) The General Assembly cannot compel an individual to frequent or
support a particular religious place of worship and cannot force an
individual to suffer because of his religious beliefs or opinions.
All individuals are to be guaranteed their religious freedom and the
General Assembly cannot require religious tests, bestow certain
privileges or advantages to a particular sect or denomination and
cannot pass any law requiring or authorizing any official church
within the state. Likewise, the General Assembly cannot levy taxes
on the people forcing them to support the activities of a particular
church or the building program of any house of worship. The General
Assembly, therefore, is forbidden to interfere with the religious
belief and worship of the inhabitants within the state. Another
section of the Constitution forbids the General Assembly from
incorporating churches or granting charters of incorporation to any
religious denomination.

These religious safeguards for a person's individual beliefs are
primarily repetitions of the provisions of Thomas Jefferson's
"Statute of Virginia for Religious Freedom." Since it is more
difficult to change a provision of a constitution than a statute or
a law, these provisions were included in the Virginia Constitution
for emphasis and for a more enduring effect.

The General Assembly is also forbidden to authorize lotteries (the
distribution of prizes determined by chance or by lot) or to allow
the residents of the state to buy, sell, or transfer lottery tickets
or chances.

An extremely important power of every state legislature is the
creation of political subdivisions within the state itself: namely,
the counties. The Virginia Constitution specifically provides for
the formation, division and consolidation of counties. A new county
must have a minimum area of 600 square miles and the county or
counties from which it is formed cannot be less than 600 square
miles after the new county has been formed. No county can be reduced
in population below 8,000 people. Whenever any county has a length
three times its breadth, or has a length exceeding fifty miles, it
may be divided at the discretion of the General Assembly. Such added
length can occur as a result of boundary changes or the annexation
of territory. The General Assembly may consolidate existing
counties upon the approval of a majority of the qualified voters
of each of these counties voting as a result of an election held
for this specific purpose. If the majority do not vote approval of
consolidation, such consolidation cannot take place.

Virginia had eight counties originally, dating from 1634: Accawmack
(now known as Accomack and Northampton), Charles City (now known
as Prince George County), Charles River (now known as York
County), Elizabeth City (ceased as a county in 1952), Henrico,
James City (now known as Surry County), Wamosquyoake (no longer in
existence--existed only from 1634-1637) and Warwick River (known as
Warwick but ceased as a county in 1952). In 1648, an Indian district
called Chickacoan was formed into the County of Northumberland. From
these nine counties eventually 172 counties were created, with the
largest number, 116, created from Northumberland. The last change
in the number of counties occurred in 1952 when both Elizabeth City
County and Warwick County became first class independent cities,
thus relinquishing county status. At the present time, there are 98
counties in Virginia. Furthermore, since 1788, nine counties became
part of the present state of Kentucky, fifty counties became part of
the present state of West Virginia and fifteen counties (including
the two mentioned previously) went out of existence through
consolidation or other methods. The General Assembly has exercised
and will continue to exercise its power of county-making in Virginia.

In the Virginia Supreme Court case of Moss versus County of
Tazewell, the decision stated that "the power of the legislature
of the State is supreme, except so far as it is restrained by
State or Federal Constitution." Therefore, a State constitution is
usually considered as a restraining agreement whereby the Federal
Constitution is considered as a granting agreement. Thus, the
legislative body of a State has all the powers not prohibited to it
by the State or Federal Constitution. A State constitution is often,
therefore, a summary of what the state legislative body may not do.
The Virginia Constitution specifically states that "the authority of
the General Assembly shall extend to all subjects of legislation,
not herein forbidden or unrestricted; and a specific grant of
authority in this Constitution upon a subject shall not work a
restriction of its authority upon the same or any other subject."
The principles described are further emphasized in this quotation
from the Virginia Constitution which follows: "The omission in this
Constitution of specific grants of authority heretofore conferred
shall not be construed to deprive the General Assembly of such
authority, or to indicate a change of policy in reference thereto,
unless such purpose plainly appear."

There are several limitations placed upon the General Assembly by
the Constitution: the General Assembly cannot enact any local,
special or private law in the following instances (but can enact
general laws in the same instances):

(1) for the punishment of crime,

(2) for providing a change of venue (the place where a trial is
held) in civil or criminal cases,

(3) for regulating the jurisdiction of, or changing the rules of,
evidence in any judicial proceeding,

(4) for changing county seats,

(5) for assessing and collecting taxes and for extending the time
for assessment or collection of taxes,

(6) for exempting property from taxation,

(7) for postponing or diminishing any obligation or liability of any
person, corporation or association to the State or to any local unit
of government,

(8) for refunding money lawfully paid into the treasury of the State
or the treasury of any local unit of government,

(9) for granting from the treasury of the State any extra
compensation to any public officer, servant, agent or contractor,

(10) for conducting elections or designating places of voting,

(11) for regulating labor, trade, mining or manufacturing, or the
rate of interest on money,

(12) for granting any pension,

(13) for creating, increasing or decreasing fees, salaries,
percentages, or allowances of public officers during the term for
which they are elected or appointed,

(14) for declaring streams navigable or authorizing the
constructions of booms or dams or the removal of obstructions from
such streams,

(15) for regulating fencing or the boundaries of land, or the
running at large of stock,

(16) for creating private corporations, or amending, renewing, or
extending their charters,

(17) for granting to any private corporation, association or
individual any special or exclusive right, privilege or immunity,

(18) for naming or changing the name of any private corporation or
association,

(19) for forfeiting the charter of a private corporation.

General laws pertaining to the above subjects may be amended or
repealed as long as they do not have the effect of enactment of a
special, private, or local law.

The General Assembly also has the power, by means of general law,
to confer upon boards of supervisors of counties and the councils
of cities and towns powers of local and special legislation insofar
as the delegation of power is not inconsistent with constitutional
limitations.

Each time the regular session of the legislature is held, the
General Assembly appoints a standing committee, called the auditing
committee which consists of two members of the Senate and three
members of the House of Delegates. The chief function of this
committee is to examine, at least once a year, the books of the
State Treasurer and other government executive officers whose
duties concern auditing or accounting for the State revenue and of
the public institutions. This committee reports the results of its
investigations to the Governor and must arrange for publication
of results in two newspapers of general circulation. The Governor
himself submits such reports to the General Assembly at the
beginning of each session. The members of this committee have the
right to employ accountants to assist them in carrying out their
investigations.

The Executive Department--Article V of the Virginia Constitution
concerns the Executive Department. The chief function of the
Executive Department is to enforce or carry out the laws. The
highest executive officer in the State is the Governor. He receives
his position by direct election of the qualified voters on the
Tuesday following the first Monday in November of every other
odd-numbered year--at the same time and place as the election of
the General Assembly members. The term of office for a Governor is,
therefore, four years. He is not eligible for re-election to the
same office during the succeeding term; in other words, a Governor
cannot succeed himself.

The Governor's term begins on the third Wednesday in January on the
first year after his election and ends on the Tuesday following the
second Wednesday in January of his fourth year. This timing allows a
new Governor to come into office one week after the General Assembly
has convened for its regular session and has had the opportunity to
organize. The interval also affords an opportunity for the outgoing
Governor to present his opinions and experiences to the state
legislature before his departure.

After the votes have been cast for the State gubernatorial
(Governor) candidates, the returns of the election are usually sent,
under seal, to the Secretary of the Commonwealth. He delivers the
returns to the Speaker of the House of Delegates on the first day
of the next session of the General Assembly. Within three days,
the Speaker of the House of Delegates must open the returns in the
presence of a majority of the Senate and of the House of Delegates.
Then the votes are counted. The person who receives the highest
number of votes is declared elected. If there is a tie, however, the
two houses of the General Assembly jointly vote for the Governor.

In order to be eligible for the governorship, a candidate must have
three qualifications: (1) he must be a United States citizen (if not
a native-born citizen, he must have been naturalized for at least
ten years preceding his election), (2) he must be at least thirty
years of age and (3) he must have been a resident in the State of
Virginia for at least five years directly preceding his election.

The Governor must live in the city of Richmond, the capital of
Virginia, during his term of office. He resides at the Executive
Mansion and receives at the present time a salary of $20,000 per
year. Such compensation cannot be increased or diminished during his
term of office. He cannot receive any other emolument (money) while
in office from the state government or from any other government and
he cannot hold any other position while he is Governor of the State.

The chief duty or power of the Governor is to faithfully administer
or execute the laws. Other powers include:

(1) reporting to each session of the General Assembly the condition
of the State in a message known as the "Governor's Message"

(2) recommending to the General Assembly for consideration measures
which he believes are beneficial to the State

(3) convening the General Assembly whenever two-thirds of the
members of both houses request it

(4) convening the General Assembly into special session whenever, in
his opinion, the interest of the State requires it

(5) acting as the commander-in-chief of the State land and naval
forces

(6) calling out the State militia or State Police whenever necessary
to repel invasion, suppress insurrection and enforce the execution
of the laws

(7) conducting all relations with other states

(8) during the recess of the General Assembly, suspending from
office for misbehavior, incapacity, neglect of official duty, or
acts performed illegally, any executive officer in Richmond except
the Lieutenant-Governor (whenever he exercises this power, however,
he must report to the General Assembly, at the beginning of the
next session, the fact that he suspended an officer or officers and
the cause for such suspension: then the General Assembly itself
determines whether or not such individuals are to be restored or
finally removed from office).

(9) during the recess of the General Assembly, appointing pro
tempore (temporary) successors to all individuals suspended (as
described previously)

(10) likewise, during the recess of the General Assembly, filling
pro tempore vacancies in all offices of the State if such filling
is not otherwise provided for by the Constitution or by laws. (Such
appointments must be by commissions which automatically expire at
the end of thirty days after the beginning of the next session of
the General Assembly).

(11) remitting fines and penalties under rules and regulations as
prescribed by law

(12) granting reprieves and pardons after conviction except those in
which the House of Delegates carried on the prosecution

(13) removing political disabilities resulting from conviction for
offenses committed prior to or subsequent to the adoption of the
State Constitution

[Illustration: VIRGINIA STATE CHAMBER OF COMMERCE

_Executive Mansion_]

(14) commuting sentences of capital punishment

(15) informing the General Assembly, at each session, of the details
of each case of fine or penalty remitted, of each reprieve or pardon
granted, and of punishment commuted, plus his reason for doing so.

(16) requiring information in writing, under oath, from the
officers of the executive department and superintendents of State
institutions upon any subject relating to the duties of their
respective offices and institutions (Likewise, he may inspect at any
time their official books, accounts and vouchers, and ascertain the
conditions of the public funds in their charge and he may employ
accountants for this purpose)

(17) requiring the opinion in writing of the State Attorney-General
concerning any question of law affecting his official duties as
Governor or relating to the affairs of the Commonwealth

(18) legally certifying all commissions and grants in the name of
the Commonwealth of Virginia and affixing each with the official
seal of the Commonwealth

(19) supervising the activities of all State Executive Departments,
Divisions, Boards and Commissions and appointing all the chief
officers and members of such groups with the consent or confirmation
of the General Assembly

(20) appointing certain officials, subject to confirmation by the
General Assembly (for example, the Secretary of the Commonwealth,
the State Treasurer)

(21) considering all bills passed by the General Assembly

The Governor's responsibility in the law-making process is
significant. After a bill has passed both houses of the General
Assembly, it is sent to the Governor who has four choices of action:

(1) He may approve the bill by signing it; it becomes a law.

(2) He may disapprove the bill by vetoing it; he then returns it
with his objections to the house in which it originated. This house
enters such objections on its journal and reconsiders the bill in
view of such objections. If, after careful consideration, two-thirds
of the members present (at least a majority of the membership of
that house is required as a minimum present for voting) still
approve the bill, it is sent with the Governor's objections to the
other house. After careful consideration here, if it is approved by
two-thirds of all the members present (at least a majority of the
membership of this house is also required as the minimum present for
voting), it will become a law over the Governor's disapproval. This
process is called "Over-riding the Veto." The Governor also has
the power to veto any particular item or items of an appropriation
bill without vetoing the entire bill. Such veto affects only the
particular item or designated items. In such a case, the item or
items must be considered by the same methods described previously.
If the Governor favors the general purpose of any bill but opposes
a part or certain parts, he may return it with recommendations
for amending it to the house in which is originated with the same
procedures described previously being used. One exception, however,
exists: a vote of only a majority of the members present in each
house is required to amend a bill.

(3) He may do nothing about the bill; after five days have passed,
Sundays excepted, and if the General Assembly is still in session,
the bill automatically becomes a law.

(4) He may do nothing about the bill; after ten days have passed,
if the General Assembly has adjourned in the meantime, making it
impossible to return the bill, the bill does not become a law. Such
procedure is called a "pocket veto."

With such a wide range of power, the tremendous responsibility
and authority which the Governor of Virginia possesses is readily
apparent.

The second highest ranking state executive is the
Lieutenant-Governor. He is elected to office by the qualified
voters at the same time as the Governor for the same four-year
term of office. His qualifications and election procedure are
identical to those of the Governor. In case the Governor of the
state dies, fails to qualify, resigns, is removed from the State
or is unable to discharge the powers and duties of his office,
the Lieutenant-Governor then assumes the Governorship with its
duties, powers and compensation. Normally, the chief duty of the
Lieutenant-Governor is to act as permanent chairman of the State
Senate. While presiding over same, he is called the President of
the Senate. In such capacity, he has no vote except in case of a
tie. His salary consists of $1260 for each biennial session of the
legislature plus $3,000 per year for traveling expenses. Hence, he
receives the same salary as the Speaker of the House of Delegates.

Two major administrative officials appointed by the Governor and
subject to the approval of the General Assembly are the Secretary
of the Commonwealth and the State Treasurer. Their terms of office
are coincident with the Governor who appoints them. The Secretary
of the Commonwealth acts as the official secretary to the Governor
and is the head of the Division of Records where all records of
the official acts of the Governor are kept. The Secretary of the
Commonwealth is also the custodian of the official State Seal and
is responsible for affixing same to all the official documents
signed by the Governor. The State Treasurer has custody of the funds
of the state in the payment of bills. He makes deposits of all
revenue belonging to the Commonwealth in certain specified banks
and withdraws such money by check only upon the State Comptroller's
warrant.

Another important state official is the Auditor of Public Accounts.
He is elected by the joint vote of both houses of the General
Assembly for a four-year term. His powers and duties include the
auditing of all accounts of each state department, institution and
agency, and he acts as chief auditor and accountant of the Auditing
Committee of the General Assembly. In addition, he is responsible
for exposing unauthorized, illegal or unwise handling of state funds
to the Governor, the Auditing Committee of the General Assembly and
the Comptroller. He is also required by law to audit all city and
county officials' accounts unless such accounts are audited annually
by a certified public accountant according to the State Auditor's
instructions.

All state officials who collect, keep in custody, handle or disburse
public funds must give bond for the faithful performance of these
duties. The amount of the bond varies with the amount of revenue
involved in carrying out such duties.

Any individual who is appointed to any office by the Governor
which requires confirmation by the General Assembly and who does
not receive such necessary confirmation cannot start or continue
in office and is ineligible for reappointment during the recess
of the General Assembly to fill a vacancy caused by such refused
confirmation.

To assist the Governor in carrying out his executive duties,
numerous departments and agencies have been established by the
Constitution or by legislative act. Most of the department names
suggest the particular type of work for which each is responsible:
the Department of Military Affairs, the Department of Law including
the Division of Motion Picture Censorship and the Division of War
Veterans' Claims, the Department of Accounts, the Department of
Purchases and Supply, the Department of the Treasury, the Department
of Taxation, the Department of State Police, the Division of
Motor Vehicles, the Department of Corporations, the Department of
Alcoholic Beverage Control, the Department of Labor and Industry,
the Department of Agriculture and Immigration, the Department of
Workmen's Compensation, the Department of Conservation and Economic
Development, the Department of Education, the Department of
Highways, the Department of Health, the Department of Welfare and
Institutions, the Department of Mental Hygiene and the Department
of Professional and Occupational Registration. The Division of
Personnel, the Division of the Budget, the Division of Records and
the Office of Civilian Defense are all located in the Governor's
Office. Additional specialized commissions such as the Advisory
Council on Virginia Economy, the Art Commission, the Safety Codes
Commission, the State Library Board, the State Water Control
Board, the Commission on Constitutional Government, the Potomac
River Basin Commission and the Commission on Interstate Cooperation
also participate actively in the carrying out of the financial,
law enforcing, service rendering, conservation, preservation, and
regulation functions of the executive department of the Commonwealth.

The Judicial Department--Article VI concerns the Judiciary
Department whose chief purpose is to interpret the laws properly.
The State Constitution in Virginia provides for a Supreme Court of
Appeals, Circuit Courts, City Courts and other inferior courts. The
jurisdiction of these courts is regulated by law with the exception
of jurisdiction granted specifically by the State Constitution
itself. The General Assembly authorizes by law the appointment of
judges pro tempore by the Governor.

The highest State Court is the Supreme Court of Appeals, located in
Richmond. It consists of seven members: one Chief Justice and six
associate justices. The Chief Justice is always the Senior Justice
in years of continuous service; in case the total years of service
are equaled by two or more justices, seniority is then determined by
age. The term of office of the justice is twelve years, and they are
elected by a joint vote of the Senate and the House of Delegates.
Their sole constitutional qualification is that they must have held
a "judicial station" in the United States or have practiced law in
Virginia or some other state for five years previously. The annual
salary of a justice of the Court of Appeals is $15,500 with the
Chief Justice receiving an additional $4,500 or a salary of $20,000.

When meeting in court session, the members of the Supreme Court
of Appeals may sit as an entire group or may sit in two divisions
consisting of not less than three justices each. By sitting in two
such divisions, it is possible to hear more cases at a rapid pace.
Whenever convening in this manner, each division has the full power
and authority on the determination of causes, in the issuing of
writs, and in the exercise of all powers authorized by the State
Constitution for the Supreme Court of Appeals or provided by law.
Each division is subject, however, to the general control of the
Supreme Court of Appeals and is subject to any rules and regulations
which this court may make. Likewise, the decision of either division
does not become the judgment of the Supreme Court of Appeals unless
concurred in by at least three judges. Any case which involves a
construction of the State Constitution or of the Constitution of the
United States must be decided upon by the Supreme Court of Appeals
in toto and, furthermore, the assent of at least four of the judges
is necessary for the court to determine that any law is or is not
contrary to the State Constitution or the Constitution of the United
States. If, in such a case, it is impossible for more than three of
the judges to agree on the constitutional questions involved and
if the case cannot be determined without passing on such questions,
the case must be reheard by a full court. Whenever the judges within
either division differ as to the judgment to be rendered in any
cause, or whenever any judge of either division within a time and in
a manner fixed by the court rules certifies that in his opinion any
decision of any division of the court is in conflict with a prior
decision of the court, the cause must be considered and adjudged
(decreed) by the full court or at least a quorum of the full court.

There are two types of court jurisdiction: original and appellate.
Original jurisdiction exists whenever a court has the legal right
to hear a case for the first time. Appellate jurisdiction exists
whenever a court is hearing a case which is being appealed or
brought to it from a lower court. The Virginia Supreme Court of
Appeals has original jurisdiction in cases of habeas corpus,
mandamus and prohibition. Habeas corpus is a court order which
commands a person having another individual in custody to bring
before the court the individual detained for the purpose of
determining the legality of detention. A mandamus is a court
order directed to subordinate courts, corporations, or the like,
commanding them to do something therein specified. A prohibition is
a writ or court order which legally restrains someone from doing
some particular action. In all other cases in which the Supreme
Court of Appeals has jurisdiction, it has appellate jurisdiction
only. The General Assembly has the power to provide, from time to
time, for a Special Court of Appeals whose chief purpose is to
assist the Supreme Court of Appeals.

Whenever a judgment or decree is reversed, modified or affirmed
by the Supreme Court of Appeals, the court must state in writing
the reasons for same and must keep such record on file with the
case. In criminal matters, the court may direct a new trial. If
the court believes that the accused should be discharged from
further prosecution, in such instance, it has the right to order
the case ended, thereby discharging such an individual from further
prosecution. This court has no power, however, to increase or
decrease the punishment of an accused person. In civil cases, the
court may enter a final judgment.

The courts which rank second highest in the Virginia judiciary are
the Circuit Courts. The General Assembly has the power to arrange
and re-arrange the judicial circuits of the state and to increase
or diminish their number. However, no new circuit can be created
containing less than forty thousand inhabitants according to the
most recent census nor if such creation would result in reducing the
number of inhabitants in any existing judicial circuit below forty
thousand. There are thirty-seven judicial circuits in Virginia.
The geographical composition of the circuit ranges from one county
or city to five counties and one city. Each circuit has one judge
chosen by the joint vote of both houses of the General Assembly
for a term of eight years. He must possess the same qualifications
when chosen as judges of the Supreme Court of Appeals and must live
in the circuit area where the circuit court is located while he
is in office. The number of sessions of the circuit courts to be
held for each county and city is prescribed by law and the judge of
one circuit may be required or authorized to hold court in another
circuit or city. Circuit courts usually have original and appellate
jurisdiction in (1) all civil cases involving twenty dollars or more
and (2) certain criminal cases.

Below the circuit courts in the court structure in Virginia are
the city Hustings or Corporation Courts. They are courts of record
also and have original jurisdiction except in cases of appeals from
justices. These courts have the sole power to appoint electoral
boards in cities where they are located. They have much concurrent
jurisdiction with the circuit courts. They are criminal courts
and can try cases of felonies committed within one mile of the
corporation limits. There are sixteen such courts: Corporation
Courts located in Alexandria, Bristol, Charlottesville, Danville,
Lynchburg, Newport News, Norfolk (2), South Norfolk, Staunton, and
Winchester; Hustings Courts located in Petersburg, Portsmouth,
Richmond (2) and Roanoke. These city court judges must live in the
city where the court is located.

The Virginia Constitution divides the cities of Virginia into two
classes as far as the judicial system is concerned: (1) cities
having a population of at least ten thousand according to the last
official census are called cities of the first class; (2) cities
having a population of less than ten thousand according to the last
official census are called cities of the second class. In each first
class city there may be a corporation court in addition to a circuit
court. In any city containing at least thirty thousand inhabitants,
the General Assembly may provide additional courts with the number
of judges it deems necessary for the public interest.

In a second class city, there may be a corporation or hustings
court. The circuit court of the county in which the city is situated
and the corporation or hustings court have concurrent jurisdiction
in actions at law and suits in equity unless otherwise provided
by law. Therefore, the General Assembly has the power to confer
exclusive original jurisdiction upon a corporation or hustings
court in all cases involving residents of any such city; this setup
is much more convenient to the residents who live a considerable
distance from the county seat. This type of court may be abolished
by a vote of a majority of the qualified voters of the particular
city in which the court is located at a special election held for
this purpose. Another method by which a court may cease to exist is
by having the office of judge of such a court whose annual salary
is less than eight hundred dollars become vacant and remain vacant
for ninety days consecutively. Automatic abolishment of such court
results. In each case in which such court is abolished, the city
immediately comes within the jurisdiction of the circuit court of
the county wherein it is geographically situated unless otherwise
provided for by law. The records of the abolished corporation or
city court immediately become records of the aforementioned circuit
court and are transferred accordingly.

For each city court of record there is a judge chosen for an
eight-year term by a joint vote of both houses of the General
Assembly. He must have the same qualifications as Supreme Court of
Appeals judges and must live within the jurisdiction of the court
over which he presides while he is in office. However, the judge of
a corporation court of any corporation having a city charter and
having less than ten thousand inhabitants may live outside the city
limits. Such an individual may be judge of such corporation court
and also judge of a corporation court of some other city having
less than ten thousand inhabitants. The judges of city courts may
be required or authorized to hold the circuit or city courts of any
county or city.

The General Assembly has the power also to establish courts of land
registration for the administration of any law it may adopt for the
purpose of the settlement, registration, transfer, or assurance of
titles to land in the State.

Judges are commissioned by the Governor of the State. Their salaries
and allowances are prescribed by law and cannot be diminished during
their term of office. Their term of office begins on the first day
of February succeeding their election by the General Assembly.
Whenever there is a judgeship vacancy, the successor is elected for
the unexpired term. The General Assembly also has the authority
to retire judges and to provide their compensation. The General
Assembly has the power to pass laws giving duties to retired judges
such as substitute judge work. The salaries of judges are paid out
of the State treasury but the State is reimbursed for one-half of
the salaries of each of the circuit judges by the counties and
cities composing the circuit, based upon their population and of
each of the judges of a city of the first class by the city in which
each judge presides. The one exception is the judge of the Circuit
Court of the city of Richmond whose entire salary is paid by the
State. A city may increase the salary of its circuit or city judges
if the city assumes the entire increase and guarantees that such
salary will not be diminished during the entire term of office. A
city which has less than ten thousand inhabitants pays the salary of
its city judge.

Judges may be removed from office in Virginia for cause by a
concurrent vote of both houses of the General Assembly. A majority
of all the members elected to each house must concur in such vote,
and the cause of removal must be entered on the journal of each
house. The judge against whom the General Assembly is about to
proceed for removal must have notice of same accompanied by a copy
of the alleged causes at least twenty days before the actual voting
takes place. Typically, no judge can practice law within or without
the State of Virginia nor hold any other office of public trust
while he is in office.

Writs (court orders) must be issued in the name of the "Commonwealth
of Virginia" and must be certified by the clerks of the various
courts. The Constitution requires that indictments (a formal charge
of crime presented by a grand jury) conclude "against the peace and
dignity of the Commonwealth."

The General Assembly provides for the appointment or the election of
justices of the peace and establishes their jurisdiction. Authority
of justices of the peace includes civil suits which involve limited
amounts. In addition, Virginia also has police justices, trial
justices, civil justices, civil and police justices, juvenile and
domestic relations courts and mayor's courts. Their jurisdiction is
usually limited, however, and appeals from them are heard by city
and circuit courts.

All cities and counties and many towns have local courts called
Magistrate Courts or Justice of the Peace Courts. Their jurisdiction
includes misdemeanors and civil cases involving small amounts of
money.

The Commonwealth also has two Law and Chancery Courts, one located
in Roanoke and one in Norfolk. Their jurisdiction includes the
probating of wills and the settling of estates. There is a special
Chancery Court located in Richmond which has complete charge of
wills to be probated and the settling of estates in that part of
"Richmond north of the south bank of the James River." There is also
a special Law and Equity Court located in Richmond.

The Juvenile and Domestic Relations Court, located in Norfolk, is
a special state court which has jurisdiction over cases involving
dependent, neglected and delinquent children and in cases involving
crimes--except manslaughter--against a family member.

[Illustration: _Virginia_]

The State Attorney-General is elected by the qualified voters of the
State at the same time and for the same term as the Governor and
Lieutenant-Governor of the State (a four-year term of office). He
must have the same qualifications as the Governor but he is eligible
for re-election. His chief duty is to serve as the attorney-at-law
for the State; he renders opinions concerning the interpretation and
application of laws upon the request of the Governor or of various
Department heads, he presents cases to the Supreme Court of Appeals
if the State's interest is involved and he represents the State of
Virginia before the Supreme Court of the United States. The numerous
problems arising in the carrying out of these responsibilities make
it desirable and necessary for him to have legal assistants who
may aid him in furnishing aid to local Commonwealth attorneys. The
State Attorney-General is subject to removal from office in the same
manner as judges. His present salary is $17,000 annually.

_Local Governmental Units_

The State Constitution not only establishes state government
organization, but it also includes rules concerning local
governmental units which are found in Article VII. Local charters
are granted by the General Assembly. The political level immediately
below the state government level is the county. Virginia is divided
into ninety-eight counties at the present time. The last original
county to be created is Dickenson County, formed in 1880. The
largest county in the state in area is Pittsylvania with 1,022
square miles and the smallest county in area is Arlington with 24
square miles. Fairfax County is currently the most populated county
in Virginia, surpassed in population only by the city of Norfolk.

Legally, a county is a corporation. Its main functions, in general,
are the preservation of order, the protection of life and property,
the establishment of public schools, the administration of justice,
the registration of legal documents, the maintenance of highways and
bridges outside the cities and the care of the poor and the criminal.

Counties of Virginia are divided into magisterial districts,
the number of districts varying from three to ten. Provision is
made in the state constitution that additional districts may be
made by law only if the new district contains at least 30 square
miles. Each district has one supervisor elected by the qualified
voters. Thus, the Board of Supervisors of the county consists of
one representative elected from each magisterial district in the
county with the exception of Arlington County where the Board of
Supervisors is elected at-large from the county. Therefore, the
number of members of each Board of Supervisors varies among the
counties. A chairman for this group is selected by the members
themselves. Their meetings are usually held once a month at the
Court House located at the County Seat. The Board of Supervisors
carries out various duties such as: (1) supervises county affairs,
(2) establishes and levies county taxes, (3) prepares the county
budget, (4) audits claims against the county, (5) erects and
maintains county buildings, (6) acts as a legislative and executive
body by issuing and carrying out ordinances on such subjects as
sanitation, health and police, (7) approves saluary scales for
county workers, (8) controls county property, (9) furnishes care for
the mentally and physically handicapped, and (10) borrows money.

There are five county officials of importance who are elected to
office by the qualified voters on the first Tuesday after the first
Monday in November and take office on January 1 following their
election. These officials are:

(1) Attorney for the Commonwealth--a lawyer who acts as a legal
adviser to the Board of Supervisors and to the county officials and
who acts as legal representative of the people of the county; he
also acts as prosecutor for all civil and criminal cases in which
the county is interested; he is elected by the qualified voters for
a four-year term.

(2) County Clerk--an officer who serves as a clerk to the County
Board of Supervisors and to the County Circuit Court; as the main
county recording official, he records all types of county documents
(such as deeds, wills, judgments, mortgages, births, divorces,
deaths, elections, court trials and marriages); attends meetings of
the Board of Supervisors and has custody of property records; he is
elected by the qualified voters for an eight-year term.

(3) Commissioner of the Revenue--an official who assesses property
values for taxation purposes, assesses State personal income taxes,
prepares personal property tax books and land books and assesses and
collects all professional and business licenses; he is elected by
the qualified voters for a four-year term.

(4) County Treasurer--an officer who collects the county taxes
assessed by the Commissioner of Revenue, collects the state taxes,
keeps the county funds and disburses money upon order of the Board
of Supervisors; he is elected by the qualified voters for a term of
four years.

(5) Sheriff--an officer who is the chief executive officer of the
county; he and his assistants, called deputies, form the county
police force; the Sheriff serves warrants of arrests, summons
witnesses and jurors whenever necessary, preserves peace in the
county, has charge of prisoners, cooperates with the State Police
and acts as a Bailiff at meetings of the Board of Supervisors and
at Trial Justice and Circuit Court sessions; he is elected for a
four-year term.

Other significant county positions include County School Board
members, County Superintendent of Schools, County Health Board
members, County Surveyor, Welfare Board members, Planning Commission
and Highway Commission members, Game Wardens and Election Board
members. A state official who exerts strong influence upon the
county is the State Circuit Judge. Since he tries cases in various
counties within his own circuit, he comes in contact with many
county officials and has the authority to appoint certain county
officials within his own circuit such as (1) a Trial Justice who
tries the less important civil and criminal cases in the county and
holds hearings of cases to be tried by the circuit judge and (2)
the Coroner who makes investigations and reports concerning sudden,
violent or suspicious deaths in the county. The Circuit Judge also
appoints the School Trustee Electoral Board which in turn appoints
the County School Board.

There are three types or forms of County Government in existence in
Virginia: the County Executive Form, the County Manager Form and the
County Board (often called the "Traditional") Form. Two counties,
Albemarle and Fairfax, have adopted the County Executive Form and
two counties, Arlington and Henrico, have adopted the County Manager
Form. Arlington County was the first county in the United States to
adopt the County Manager form of government by popular vote (1932).
The major difference between the County Executive and the County
Manager Forms of government is found in the fact that, in the former
type, the Board of Supervisors makes all key appointments upon the
recommendations of a county executive who is employed to act as the
administrative head of the county whereas, in the latter form, the
Board of Supervisors employs a manager for the county and gives
him authority to name and appoint his own department heads. The
remaining 94 counties are operated under a County Board: under this
form, the Board of Supervisors exercises not only legislative but
full executive authority as well.

The county form of government, therefore, acts not only as a local
government unit but also as an administrative agent of the state.

Cities and towns make up the next political level of government
organization in Virginia as described in Article VIII of the
constitution. A city is defined in the constitution as an
incorporated community which has within defined boundaries a
population of five thousand or more; a town is an incorporated
community which has within defined boundaries a population of
less than five thousand. In determining such population, the last
census of the United States or an enumeration made by authority of
the General Assembly must be used as the basis. Any incorporated
community which had a city charter when this section of the State
Constitution was adopted in 1902, regardless of its numerical
population at the time, was allowed to keep its city charter.
The General Assembly has the authority to enact general laws for
the organization and government of cities and towns in Virginia.
In special instances, the Circuit Court may issue such charters.
Whenever an area has a population of at least five thousand, it may
apply, but is not required to apply, for city status. Unlike many of
the other states in the United States, Virginia does not have any
village type of government.

Cities having at least ten thousand persons are eligible to be
classified as cities of the first class; cities having less than
ten thousand persons are eligible to be classified as the second
class. Cities in Virginia have generally followed a three-fold plan
or pattern of development: first, an area is established, then
incorporated as a town and finally elevated to city status as an
independent municipality. During the colonial period, there were
only two towns actually incorporated: Williamsburg and Norfolk.
By 1800, only six additional towns were incorporated: Alexandria,
Winchester, Fredericksburg, Richmond, Petersburg and York
(Yorktown). Yorktown is the only town incorporated before 1800 which
has not become a city.

A unique characteristic about cities in Virginia is the fact that
an incorporated city is politically separate from the county in
which it is geographically located. There are thirty-two independent
cities: Alexandria, Bristol, Buena Vista, Charlottesville, Clifton
Forge, Colonial Heights, Covington, Danville, Falls Church,
Fredericksburg, Galax, Hampton (formerly, a second class city; now
combined with the town of Phoebus and Elizabeth City County into a
first class city since 1952), Harrisonburg, Hopewell, Lynchburg,
Martinsville, Newport News, Norfolk, Norton, Petersburg, Portsmouth,
Radford, Richmond, Roanoke, South Boston, South Norfolk, Staunton,
Suffolk, Virginia Beach, Waynesboro, Williamsburg and Winchester.
When Newport News and Warwick became the city of Newport News on
July 1, 1958, this was the first city to be consolidated in the
Commonwealth since Richmond and Manchester combined in 1910.

There are three types or forms of City Government in existence in
Virginia: Mayor-Council form, Commission form and City Manager form.
The city charter bears a similar relation to the city that the
Virginia Constitution bears to the state. The citizens within the
city area may decide for themselves the type of city government they
prefer when they apply for their city charter.

Although there are three forms of local government available, there
are certain characteristics common to all three types:

(1) A bicameral City Council (unless authorized by the General
Assembly to have only one branch) is elected by the qualified voters
of the city on the second Tuesday in June. The term of office of the
councilmen begins on the following September 1. The council acts
as the legislative body by passing city or municipal laws called
ordinances. Cities are usually divided into various sections called
wards. Since representation from each ward is primarily based upon
population of the ward, the city council has the power to change
ward boundaries. Since 1933, after every ten-year period, the city
council is required by the Virginia Constitution to re-apportion
such representation accordingly. Usually, there is one councilman
from each ward.

(2) The following officials are required by the Constitution to
be elected to office by the qualified voters: City Court Clerk,
City Commonwealth's Attorney, City Commissioner of Revenue, City
Treasurer and City Sergeant (Sheriff). All these officials (with the
exception of the City Court Clerk whose eight-year term of office
begins at the same time as the city judges' term) are elected on
the first Tuesday after the first Monday in November and their term
of office begins on the following January 1. Under a constitutional
amendment proposed in November 1960, certain elected officials of a
city (or county) could serve as such officials in two or more cities
(or counties, or city and counties) if a majority of the voters of
the local units affected so decided; however, the amendment was
defeated.

(3) Every city has a mayor who is the chief executive and who is
elected by the people for a four-year term. Depending upon the
form of city government adopted, the mayor may be essentially a
figurehead or a key official. The chief duties of a mayor usually
include the following:

     a. enforcing ordinances, by-laws and orders,

     b. ascertaining that duties of various city officials are
     carried out properly,

     c. suspending city officials upon the authorization of the
     General Assembly for misconduct in office or for neglect of duty,

     d. considering ordinances, resolutions, and other measures and
     approving or disapproving them,

     e. presiding at city council meetings (unless a special
     provision already has provided for a council president) and
     voting only in case of a tie

     f. appointing key officials with the approval of the city
     council (for example, the Chief of Police, the Fire Chief, the
     City Attorney) and members of certain boards (Planning, Health,
     Zoning Boards).

Every resolution or ordinance must be presented to the Mayor of a
city after it has been passed by the City Council. The Mayor has
three choices:

(1) He may approve the ordinance by signing it; it then becomes
operative.

(2) He may disapprove the ordinance by vetoing it; he then returns
the ordinance to the clerk of the council with his written
objections. The council then enters the detailed objections in its
journal and reconsiders the original resolution or ordinance in view
of such objections. If, after due consideration, two-thirds of the
membership of the council still wishes the original ordinance to
pass, it is passed over the Mayor's veto.

(3) He may do nothing about the ordinance; after five days have
passed, Sundays excepted, if the Mayor is still in office and the
term of office of the members of the city council has not expired,
it automatically is passed. If, however, during these five days,
either the term of office of the Mayor or the term of office of the
members of the city council ends, the ordinance is not passed but is
considered "killed."

Like the Governor of the state, the Mayor can veto a particular item
or more than one item in an appropriation ordinance or resolution
without affecting the rest of the resolution or ordinance. Any
ordinance or resolution which concerns the appropriation of money
for an amount over one hundred dollars, the levying of taxes or
the authorizing of the borrowing of money can be passed only by a
recorded affirmative vote of a majority of all council members.

The oldest form of city government in Virginia is the Mayor-Council
Form. Under this form, the Council and the Mayor are elected by
the qualified voters. The Mayor, therefore, is the chief executive
officer of the city and he either appoints solely, or with the
consent of the city council in some instances, the city officers
not constitutionally required to be elected. He also has the
authority to supervise all city departments and to suspend any
officer or employee for cause. Under this system, the council is the
legislative body only.

Another form is the Commission form of local government. Of the
three different types mentioned previously, this form is used in
Virginia the least. According to this plan, the city council itself,
elected at large, assumes the legislative and administrative or
executive powers. A mayor is elected from council membership but he
has very limited powers. He is chairman at the council meetings and
may suggest recommendations as possible legislative measures as he
sees fit. The city itself is divided into various administrative
departments by the council and each department is assigned to
a different council member who becomes the head executive or
administrative official of that department. Thus, each council
member acts as an administrator individually and as a legislator
collectively. The city council according to this plan carries out
the usual functions of the legislative body and of the executive
department, including such functions as determining the powers of
each department and the rules and regulations of each office holder
and employee.

The City Manager form of government was first adopted in the United
States by the city of Staunton in 1908. This is the most widely-used
plan found in Virginia cities at the present time and in many other
large cities throughout the United States. Under this plan, the
Council members are elected at large by the voters. The Council is
the legislative body which makes the local laws. The City Council
selects the City Manager who may or may not be an inhabitant of the
town, city or state involved. He not only acts as the chief adviser
to the City Council but also becomes the chief executive in this
plan. His term of office is at the discretion of the City Council
members and he is responsible directly to them. Charles E. Ashburner
was the first City Manager in the United States.

The City Council usually elects its own chairman from among its own
membership; this chairman automatically becomes the Mayor of the
city. He is the official titular head of the city and represents
the city upon various public occasions. He presides at Council
meetings, has regular Council powers and can vote but cannot veto a
proposed law. In contrast, the City Manager has the power to appoint
the chief officials of the various city government departments,
the responsibility for enforcing city ordinances and resolutions,
the obligation of attending City Council meetings and of making
suggestions and recommendations to the Council, the duty of keeping
the City Council informed of general and specific activities of
the city including its financial status, the task of preparing and
submitting a proposed budget to the City Council and the duty of
carrying out miscellaneous functions assigned to him by the City
Council.

These three forms--Mayor-Council, Commission and City
Manager--exemplify the variety of local government organization
available to cities and towns located in Virginia.

Towns in Virginia in order to be incorporated must have at least 300
inhabitants and must receive approval of the local circuit judge.
Towns still remain part of the county after their incorporation.
At present, there are approximately two hundred incorporated towns
whose functions are carried out and services furnished by the County
and the Town governments. Every town has a Council and a Mayor
and in the large towns, usually a Town Manager. Three other town
officials are a Treasurer, a Clerk (called a Secretary or Recorder)
and a Town Attorney.

Residents of Virginia, consequently, are governed daily by either
Town, City or County levels of government in addition to State and
National levels.

_Education and Public Instruction_

Article IX concerns education. The Constitution specifically states
that "The General Assembly shall establish and maintain an efficient
system of public free schools throughout the State." Therefore, as
in all states in United States, the management of the schools is
basically the responsibility of the state. There is a State Board
of Education consisting of seven members appointed for four-year
terms by the Governor with the approval of the General Assembly. The
Governor with the approval of the General Assembly also appoints an
experienced educator to the chief educational position known as the
Superintendent of Public Instruction. His term of office parallels
that of the Governor who appoints him. The duties and powers of the
State Board of Education are constitutionally described as follows:

     (1) to divide the State into school divisions or districts;
     to certify to the local school boards within each division
     a list of persons who have reasonable academic and business
     qualifications for division superintendent of schools (the local
     school board has the authority to select from this list the
     individual whom they wish to hold the position of superintendent
     of their division for a four-year term),

     (2) to manage and invest the school fund, according to legal
     regulations,

     (3) to make rules and regulations for the management and conduct
     of the schools, upon the authority of the General Assembly,

     (4) to select textbooks and educational appliances for school
     use with the General Assembly itself prescribing the time when
     textbooks are to be changed by the State Board of Education.

According to the Constitution, each magisterial district is a
separate school district, and the magisterial district furnishes
the basis of representation on the county or city school board. In
cities which have a population of at least one hundred and fifty
thousand, school boards have the authority to decide for themselves,
with the approval of the local legislative body, the number and
the boundaries of their school districts. The General Assembly has
the right to consolidate into one school division, if it deems it
advisable, one or more counties or cities with one or more counties
or cities. Each division school board is empowered to select the
superintendent of schools for its own division or district. In
case a local school board fails to make such an appointment within