Chap. 40.—An ACT to provide for the resubmission to the people for ap-
proval and ratification of the proposed amendments to section 119 of
article 8 of the Constitution of Virginia, in relation to commissioners
of the revenue in the cities, and section 120 of article 8 of the Consti-
tution of Virginia, in relation to treasurers in the cities, in order that
\here may be a separate vote of the people on each of said proposed
amendments.

Became a law February 14, 1912, without the governor’s signature.

Whereas, the general assembly of Virginia, by a joint reso-
lution, approved February nineteenth, nineteen hundred and
eight, proposed the following amendments to the Constitution of
Virginia, and referred the same to the general assembly to be
chosen at the next general election of senators and members of
the house of delegates thereafter, for its concurrence, in con-
formity with the provisions of section one hundred and ninety-
six of article fifteen of said Constitution, namely:

Strike out from the Constitution of Virginia section one hun-
dred and nineteen and one hundred and twenty, which are in the
following words:

§119. In every city, so long as it has a corporation court, or
a separate circuit court, there shall be elected for a term of four
years by the qualified voters of such city one attorney for the
Commonwealth, who shall also, in those cities having a separate
circuit court, be the attorney for the Commonwealth for such
circuit court.

In every city there shall be elected, or appointed, for a term
of four years, in a manner to be provided by law, one commis-
sioner of revenue, whose duties and compensation shall be pre-
scribed by law, but should he be elected by the people, he shall
be ineligible for re-election to the office for the next succeeding
term.

§120. In every city there shall be elected by the qualified
voters thereof one city treasurer, for a term of four years, but
he shall not be eligible for more than two consecutive terms,
nor act as deputy for his immediate successor; one city sergeant,
for a term of four years, whose duties shall be prescribed by
law, and a mayor, for a term of four vears, who shall be the
chief executive officer of such city. All city and town officers,
whose election or appointment is not provided for by this Con-
stitution, shall be elected by the electors of such cities and towns,.
or of some division thereof, or appointed by such authorities;
thereof as the general assembly shall designate.

The mayor shall see that the duties of the various city offi-
cers, members of the police and fire departments, whether elected
or appointed, in and for such city, are faithfully performed.
He shall have power to investigate their acts, have access to al]
books and documents in their offices, and may examine them and
their subordinates on oath. The evidence given by persons so
examined shall not be used against them in any criminal pro-
ceedings. He shall also have power to suspend such officers and
the members of the police and fire departments, and to remove
such officers, and also such members of said departments when
authorized by the general assembly, for misconduct in office or
neglect of duty, to be specified in the order of suspension or re-
moval, but no such removal shall be made without reasonable
notice to the officer complained of, and an opportunity afforded
to be heard in -person, or by counsel, and to present testimony
in his defense. From such order of suspension or removal, the
citv officer so suspended or removed shall have an appeal of right
to the corporation court, or, if there be no such court, to the
circuit court of such city, in which court the case shall be heard
de novo by the judge thereof, whose decision shall be final. He
shall have all other powers and duties which may be conferred
and imposed upon him by general laws.

And insert in lieu thereof the following:

§119. In every city, so long as it has a corporation court, or
a separate circuit court, there shall be elected for a term of four
years by the qualified voters of such city, one attorney for the
Commonwealth, who shall also, in those cities having a separate
circuit court, be the attorney for the Commonwealth for such
circult court.

In every city there shall be elected for a term of four years,
in a manner to be provided by law, one commissioner of revenue,
whose duties and compensation shall be prescribed by law.

$120. In every city there shall be elected by the qualified
voters thereof one city treasurer, for a term of four years, one
city sergeant, for a term of four years, whose duties shall be
prescribed by law; and a mayor, for a term of four years, who
shall be the chief executive officer of such city. All city and
town officers, whose election or appointment is not provided for
by this Constitution, shall be elected by the electors of such cities
and towns, or of some division thereof, or appointed by such
authorities thereof as the general assembly shall designate.

The mayor shall see that the duties of the various city offi-
cers, members of the police and fire departments, whether elected
or appointed, in and for such city, are faithfully performed.
He shall have power to investigate their acts, have access to all
books and documents in their offices, and may examine them and
their subordinates on oath. The evidence given by persons so
examined shall not be used against them in any criminal pro-
ceedings. He shall also have power to suspend such officers
and the members of the police and fire departments, and to
remove such officers, and also such members of said departments
when authorized by the general assembly, for misconduct in
office or neglect of duty, to be specified in the order of suspen-
sion or removal; but no such removal shall be made without
reasonable notice to the officer complained of, and an oppor-
tunity afforded him to be heard in person, or by counsel, and
to present testimony in his defense. From such order of sus-
pension or removal, the city officer so suspended or removed
shall have an appeal of right to the corporation court, or, if
there be no such court, to the circuit court of such city, in which
court the case shall be heard de novo by the judge thereof,
whose decision shall be final. He shall have all the other powers
and duties which may be conferred and imposed upon him by
general laws; and

Whereas, the general assembly chosen at the next general
election of senators and members of the house of delegates,
thereafter, by a joint resolution, signed February sixteenth,
nineteen hundred and ten, again proposed the said separate
amendments to sections one hundred and nineteen and one hun-
dred and twenty of article eight of the Constitution, in con-
formity with the provisions of section one hundred and ninety-
six of article fifteen of the Constitution of Virginia, which said
joint resolution was agreed to by a majority of all the members
elected to each house of said general assembly; and

Whereas, it then became the duty of the said general assem-
bly to submit the said proposed amendments to the people, in
such manner and at such times as it should prescribe, in order
that the will of the people might be ascertained on the said pro-
posed amendments separately; and

Whereas, the said general assembly, by an act approved
March ninth, nineteen hundred and ten, provided for the sub-
mission to the people of said proposed amendments to sections
one hundred and nineteen and one hundred and twenty of arti-
cle eight of the Constitution of Virginia along with certain other
proposed amendments to the Constitution of Virginia; and

Whereas, in the schedule appended to the said last men-
tioned act, for submitting said proposed amendments to the Con-
stitution of Virginia to the people, it was provided that the
following ballot should be furnished to each voter in the election
held on the Tuesday after the first Monday in November, nine-
teen hundred and ten, in order to ascertain the will of the voters
on the said several amendments:

“For the amendment to section forty-six of article four of
the Constitution of Virginia, extending the session of the gen-
eral assembly to ninety days. )

“Against the amendment to section forty-six of article four
of the Constitution of Virginia, extending the session of the
general assembly to ninety days.

“For the amendment to section fifty of article four of the
Constitution of Virginia, simplifying legislative procedure.

“Against the amendment to section fifty of article four of
the Constitution of Virginia, simplifying legislative procedure.

“For the amendment to section one hundred and ten of the
Constitution of Virginia, with reference to the election of treasu-
rers and commissioners of the revenue in the counties.

“Against the amendment to section one hundred and ten of
the Constitution of Virginia, with reference to the election of
the treasurers and commissioners of the revenue in the counties.

“For the amendments to sections one hundred and nineteen
and one hundred and twenty of the Constitution of Virginia,
with reference to the election of treasurers and commissioners
of the revenue in the cities.

“Against the amendments to sections one hundred and nine-
teen and one hundred and twenty of the Constitution of Vir-
ginia, with reference to the election of treasurers and commis-
sioners of the revenue in the cities”; and

Whereas, the vote of the people at said election on the sev-
eral amendments theretofore proposed to the Constitution of
Virginia having been duly taken, returned, inspected, canvassed
and recorded in the mode provided by law, the result was re-
ported to the governor of the Commonwealth, and was duly pro-
claimed by him, as provided by law, the proclamation of the
governor setting forth that the majority of the voters of the
Commonwealth had voted against the amendments proposed to
sections one hundred and nineteen and one hundred and twenty
of article eight of the Constitution of Virginia; and

Whereas, it is apparent from an inspection of the ballot fur-
nished to the voters in pursuance of said last mentioned act of
the general assembly that the proposed amendments to sections
one hundred and nineteen and one hundred and twenty of arti-
cle eight of the Constitution of Virginia were coupled together
on said ballot in such manner that a separate vote could not
be had on each of said amendments, and that the will of the
voters was therefore not ascertained on each of said amend-
ments, separately; and

Whereas, it is the sense of this general assembly that the
people were entitled at the said election to a vote to be had and
taken separately on each of said amendments to sections one
hundred and nineteen and one hundred and twenty of article
eight of the Constitution in order that their will might be accu-
rately ascertained on each of said amendments and that said
amendments to sections one hundred and nineteen and one hun-
dred and twenty of article eight of the Constitution should be
resubmitted to the people in order that the will of the people
on each of said amendments may be accurately obtained thereon ;
therefore,

1. Be it enacted by the general assembly of Virginia, That
it shall be the duty of the officers conducting the election directed
by law to be held on the Tuesday after the first Monday in
November, nineteen hundred and twelve, at the places appointed
for holding the same, to provide a separate ballot box at said
election, in which the judges of election shall deposit the bal-
lots of all qualified voters voting on the said proposed amend-
ments to sections one hundred and nineteen and one hundred
and twenty, article eight of the Constitution of Virginia, and
open a poll and take the sense of the qualified voters upon the
ratification or rejection of the said proposed amendments to
sections one hundred and nineteen and one hundred and twenty,
article eight of the Constitution of Virginia, separately, as con-
tained in the joint resolutions proposing said amendments to
the Constitution of Virginia, and directing a submission of said
proposed amendments to the people for their approval and rati-
fication, to-wit:

Strike out from the Constitution of Virginia sections one
hundred and nineteen and one hundred and twenty, which are in
the following words:

§119. In every city, so long as it has a corporation court,
or a separate circuit court, there shall be elected for a term of
four years by the qualified voters of such city, one attorney
for the Commonwealth, who shall also, in those cities having a
separate circuit court, be the attorney for the Commonwealth,
for such circuit court.

In every city there shall be elected, or appointed, for a term
of four years, in a manner to be provided by law, one commis-
sioner of revenue, whose duties and compensation shall be pre-
scribed by law, but should he be elected by the people, he shall
be ineligible for re-election to the office for the next succeeding

erm.

§120. In every city there shall be elected by the qualified
voters thereof one city treasurer, for a term of four years, but
he shall not be eligible for more than two consecutive terms, nor
act as deputy for his immediate successor; one city sergeant, for
a term of four years, whose duties shall be prescribed by law;
and a mayor, for a term of four years, who shall be the chief
executive officer of such city. All city and town officers, whose
election or appointment is not provided for by this Constitu-
tion, shall be elected by the electors of such cities and towns, or
of some division thereof, or appointed by such authorities
thereof, as the general assembly shall designate.

The mayor shall see that the duties of the various city offi-
cers, members of the police and fire department, whether elected
or appointed, in and for such city, are faithfully performed.
He shall have power to investigate their acts, have access to all
books and documents in their offices, and may examine them and
their subordinates on oath. The evidence given by persons so
examined shall not be used against them in any criminal pro-
ceedings. He shall also have power to suspend such officers and
the members of the police and fire departments, and to remove
such officers, and also such members of said departments when
authorized by the general assembly, for misconduct in office, or
neglect of duty, to be specified in the order of suspension or
removal, but no such removal shall be made without reasonable
notice to the officer complained of, and an opportunity afforded
him to be heard in person, or by counsel, and to present testi-
mony in his defense. From such order of suspension or removal,
the city officer so suspended or removed shall have an appeal of
right to the corporation court, or, if there be no such court, to
the circuit court of such city, in which court the case shall be
heard de novo by the judge thereof, whose decision shall be final.
He shall have all other powers and duties which may be con-
ferred and imposed upon him by general laws.
And insert in lieu the following:

§119. In every city, so long as it has a corporation court,
or a separate circuit court, there shall be elected for a term of
four years by the qualified voters of such city, one attorney for
the Commonwealth, who shall also, in those cities having a sepa-
rate circuit court, be the attorney for the Commonwealth for
such circuit court.

In every city there shall be elected for a term of four years,
in a manner to be provided by law, one commissioner of revenue,
whose duties and compensation shall be prescribed by law.

§120. In every city there shall be elected by the qualified
voters thereof one city treasurer, for a term of four years; >ne
city sergeant, for a term of four years, whose duties shall be
prescribed by law; and a mayor, for a term of four years, who
shall be the chief executive officer of such city. All city and
town officers, whose election or appointment is not provided for
by this Constitution, shall be elected by the electors of such cities
or towns, or of some division thereof, or appointed by such
authorities thereof as the general assembly shall designate.

The mayor shall see that the duties of the various city offi-
cers, members of the police and fire departments, whether
elected or appointed, in and for such city, are faithfully per-
formed. He shall have power to investigate their acts, have
access to all books and documents in their offices, and may
examine them and their subordinates on oath. The evidence
given by persons so examined shall not be used against them in
any criminal proceedings. He shall also have power to suspend
such officers, and the members of the police and fire departments,
and to remove such officers, and also such members of said de-
partments when authorized by the general assembly, for mis-
conduct in office or neglect of duty, to be specified in the order
of the suspension or removal; but no such removal shall be made
without reasonable notice to the officer complained of, and an
opportunity afforded him to be heard in person, or by counsel,
and to present testimony in his defense. From such order of
suspension or removal, the city officer so suspended or removed
shall have an appeal of right to the corporation court, or, if
there be no such court, to the circuit court of such city, in which
court the case shall be heard de novo by the judge thereof,
whose decision shal] be final. He shall have all the other powers
and duties which may be conferred and imposed upon him by
general laws.”

~ Schedule.—At such election a ballot shall be furnished each
voter, which shall have printed thereon the following:

“For the amendment to section one hundred and nineteen of
the Constitution of Virginia, with reference to the election of
commissioners of the revenue in cities.

“Against the amendment to section one hundred and nine-
teen of the Constitution of Virginia with reference to the elec-
tion of commissioners of the revenue in the cities.

“For the amendment to section one hundred and twenty of
the Constitution of Virginia, with reference to the election of
treasurers in the cities.

‘‘Against the amendment to section one hundred and twenty
of the Constitution of Virginia, with. reference to the election
of treasurers in the cities.”

Which said ballots shall be printed and furnished by the
electoral board as other ballots are required by law to be printed
and furnished, and said election shall be held and conducted as
provided by the general election law of the State.

The marking out of the words “for” or “against” shall be
sufficient to indicate the wishes of the voters, and it shall not
be necessary to mark out the entire paragraph to indicate such
wish.

2. That immediately after closing the polls the said officers
shall count the ballots deposited at said election for and against
said proposed amendments, and shall make return thereof at
the time and in the manner provided by law as in the case of
other elections; and it shall be the duty of the clerks and com-
missioners of election of each city and county, respectively, to
make out, certify and forward an abstract of the votes cast
for and against said proposed amendments in the manner now
prescribed by laws, in relation to votes case in general elections.

3. It shall be the duty of the secretary of the Common-
wealth, and of the State board of canvassers, to open and can-
vass the said abstract of returns, and to examine and make
statement of the whole number of votes given at said election
for said proposed amendments and against said proposed amend-
ments, respectively, in the manner now prescribed by law in
relation to votes cast in general elections; and it shall be the
duty of the secretary of the Commonwealth to record said certi-
fied statement in his office, and without delay to make out and
transmit to the governor of the Commonwealth an official copy
of said statement, certified by him under his seal of office.

4. The governor shall, without delay, make proclamation of
the result, stating therein the aggregate vote for and against
said amendments, to be published in such newspapers in the
State as may be deemed requisite for general information; and
if a majority of said votes be cast for the ratification of the
amendments, he shall annex to his proclamation a copy thereof.

5. The secretary of the Commonwealth shall cause to be sent
to the clerks of each county and corporation as many copies of
this act as there are places of voting therein; and it shall be the
duty of said clerks to deliver the same to the sheriff for distri-
bution, whose duty it shall be forthwith to post the said copies
at some public place in each election district.

6. The expenses incurred in conducting this election shall be
defrayed as in the case of the election of members of the general
assembly.