Chap. 202.—An ACT to amend and re-enact an act entitled “an act to provide
for defending certain suits involving the validity of the Constitution, or article
second thereof, brought against members of the Constitutional Convention, the
governor, and other officers,” approved December 20, 1902.

Approved April 30, 1903.

Whereas, certain suits have been instituted, and others may be in-
stituted, against the governor of the State, members of the Constitu--
tional Convention, which met in Richmond on June twelfth, nineteen
hundred and one, and against certain registration and election officers ;
and,

Whereas, appeals are now pending in the supreme court of the United
States in two cases against the Virginia State board of canvassers, and
other cases may be hereafter appealed to that or some other court; and,

Whereas, said proceedings are, in effect, against the State, and are
intended to assail the validity of the Constitution of the State, or of
article second thereof; now, therefore, ‘

1. Be it enacted by the general assembly of Virginia, That the gov-
emer of Virginia, with .the co-operation and advice of the attorney-
general, shall cause to be defended the rights and interests of the State,
and of such members of said convention, and of all other officers, in
al! litigation of the character above specified, whether now or here-
after pending in any court of original or appellate jurisdiction; and to
that end the governor and attorney-general may employ such counsel
as may be deemed by them advisable to defend, and to assist the attor-
nev-general in defending any such litigation. The sum of five thousand
dollars is hereby appropriated, which sum, together with the five thou-
sand dollars appropriated by the aforesaid act approved on December
twentieth, nineteen hundred and: two, shall constitute a fund which, or
so much as may be necessary, shall be under the control and disburse-
ment of the governor and attorney-general, for the purpose of carrying
out the provision of this act, and also of paying such compensation
as thev shall approve to the special counsel who was employed by the
Virginia State board of canvasscrs to assist the attorney-general in the
circuit court of the United States for the eastern district of Virginia,
in defending the two cases recently decided in that court in favor of
the said board.

Accounts for compensation of counsel payable under this act shall
be approved by the governor and attorney-general; and accounts for
expenses of printing and other legal costs and expenses heretofore or
hereafter incurred in defending such litigation, shall be approved by
the attorney-general, and upon accounts so approved the auditor of pub-
lic accounts shall draw his warrant upon the treasurer for the amounts
called for by said accounts, payable to the persons named in such ac-
counts as entitled to receive the same; and it shall be the duty of the
treacurer to pay the said warrant out of the joint fund appropriated
by the said act approved December twentieth, nineteen hundred and
two, and by this act.

2. This act shall be in force from its passage.