Chap. 436.—An ACT to provide a new charter for the town of Gate City, in the
county of Scott, and to repeal all acts and parts of acts inconsistent therewith,
and to provide for a referendum. [H B 506]

Approved April 2, 1940

1. Beit enacted by the General Assembly of Virginia, as follows:

Section 1. The Town Corporate.—The inhabitants of the territory
comprised within the present limits of the town of Gate City, as such
limitations are now or may be hereafter altered and established by
law, shall constitute and continue a body, politic and corporate,
to be known and designated as the town of Gate City, and as such
shall have and may exercise all powers which are now or hereafter
may be conferred upon or delegated to towns under the Constitution
and laws of the Commonwealth of Virginia, as fully and completely
as though such powers were specifically enumerated herein, and no
enumeration of particular powers by this charter shall be held to be
exclusive, and shall have, exercise and enjoy all the rights, immunities,
powers and privileges and be subject to all the duties and obligations
now appertaining to and incumbent on said town as a municipal
corporation, and the said town of Gate City, as such, shall have per-
petual succession, may sue and be sued, implead and be impleaded,
contract and be contracted with, and may have a corporate seal
which it may alter, renew, or amend, at its pleasure by proper ordi-
nance.

Section 2. The boundaries of said town shall be as follows:

Beginning at a stake in the west boundary line at intersection
with the south boundary line of the right of way of the Southern
Railroad; thence N 89° 20’ E 1044.3 feet, N 80° 45’ E 1765 feet, S 62°
15’ E 1680 feet, N 47° 30’ E 2935.6 feet; S 87° 28’ E 1999.1 feet, N 16°
18’ W 2580 feet, S 71° 30’ W 2100 feet, N 42° 30’ W 1450 feet, S 47’ 30’
W 2418.4 feet, S 42° 30’ E 1450 feet, S 77° 30’ W 2930 feet to the
yeginning.

Section 3. Powers of the Town of Gate City.—In addition to the
sowers elsewhere mentioned in this charter and the powers conferred
by the general law and the Constitution, the said town of Gate City
shall have the following powers:

(1) To raise annually, by the levy of taxes and assessments in
the said town, on all such property, real and personal, as is now or
may be subject to taxation by towns by the general laws of this
Commonwealth, such sums of money as the council thereof shall
deem necessary for the purpose of the said town, in such manner as
the said council shall deem expedient in accordance with the Con-
stitution of this State and of the United States; provided, however,
that it shall impose no taxes on the bonds of the said town.

(2) To impose special or local assessments for local improvements
and force payment thereof, subject to such limitations prescribed by
the Constitution and laws of the State as may be in force at time of
the imposition of such special or local assessments.

(3) To impose a tax not exceeding one dollar per annum upon
all persons residing in said town above the age of twenty-one, not
exempt from the payment of State capitation tax.

(4) To contract debts, borrow money and make and issue evi-
dences of indebtedness. |

(5) To expend the money of the town for all lawful purposes.

(6) To acquire by purchase, gift, devise, condemnation or other-
wise, property, real or personal, or any estate therein within or without
the town, for any of the purposes of the town; and to hold, improve,
sell, lease, mortgage, pledge, or otherwise dispose of the same or any
part thereof, including any property now owned by the town.

(7) To establish markets in the town and regulate the same, and
to enforce such regulations in regards to the keeping and sales of
fresh meat, vegetables, eggs and other green groceries and the trade
of hucksters and junk dealers as may be deemed advisable; and to
make and enforce such regulations as shall be necessary to prevent
huckstering, forestalling or regrating. 4

(8) To own, operate and maintain water works and to acquire
in any lawful manner in any county of the State, such water, lands,
property rights, and riparian rights as the council of the said town
may deem necessary for the purpose of providing an adequate water
supply to the said town and piping and conducting the same; to lay,
erect and maintain all necessary mains and service lines, either within
or without the corporate limits of the said town, for the distribution
of water to its customers and consumers, both within and without
the corporate limits of the said town and to charge and collect wate
rents therefor; to erect and maintain all necessary dams, pumping
stations and other works in connection therewith; to make reasonable
rules and regulations for promoting the purity of its said water supply
and for protecting the same from pollution; and for this purpose tc
exercise full police powers and sanitary patrol over all land comprisec
within the limits of the water shed, tributary to any such wate
supply wherever such land may be located in this State: to impose
and enforce adequate penalties for the violation of any such rule:
and regulations; and to prevent by injunction any pollution or threat
ened pollution of such water supply, and any and all acts likely tc
impair the purity thereof; and to carry out the powers herein granted
the said town may exercise within the State all powers of eminent
domain provided by the laws of this State.

(9) To acquire by gift, purchase, exchange or by the exercise o!
the power of eminent domain within this State lands, or any interest
or estate in lands, rock quarries, gravel pits, sand pits, water and
water rights and the necessary roadways thereto, either within ot
without the town, and acquire and install machinery and equipment,
and build the necessary roads or tramways thereto: and operate the
same for the purpose of producing materials required for any and all
purposes of the town; and to acquire, purchase, exchange or by the
exercise of the power of eminent domain within this State, lands,
machinery and equipment, and build and operate a plant or plants
for the preparation and fixing of materials for any and all purposes
of the said town.

(10) To collect and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals and other refuse, and make reasonable charges
therefor; to acquire and operate reduction or any other plants for
the utilization or destruction of such materials, or any of them; to
contract or regulate the collection and disposal thereof and to require
and regulate the collection and disposal thereof.

(11) To inspect, test, measure and weigh any commodity or
commodities or articles of consumption for use within the town: and
to establish, regulate, license, and inspect weights, meters, measures
and scales.

(12) To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals, and other similar shows or
fairs, or prohibit the holding of the same, or any of them, within the
town or within one mile thereof.

(13) To require every owner of motor vehicles residing in the
said town, on a date to be designated by the Council, to annually
register such motor vehicles and to obtain a license to operate the
same by making application to the treasurer of the said town, or such
other person as may be designated by the council of the said town, to
issue said license, and to require the said owner to pay an annual license
fee therefor to be fixed by the Council; provided that the said license
fee shall not exceed the amount charged by the State on the said
machine.

(14) To construct, maintain, regulate and operate public im-
provements of all kinds, including municipal and other buildings,
markets, and all buildings and structures necessary or appropriate
or the use and proper operation of the various departments of the
town; and to acquire by condemnation or otherwise, all lands, riparian
and other rights and easements necessary for such improvements, or
any of them. .

(15) To establish, enter, open, widen, extend, grade, improve,
construct, maintain and clean public highways, streets, sidewalks,
boulevards, parkways, and alleys, and to alter, vacate, or close the
same; to establish and maintain parks, playgrounds, and public
grounds; to keep them lighted and in good order; to construct, main-
tain and operate bridges, viaducts, subways, tunnels, sewers and
drains and to regulate the use of all such highways, parks, public
grounds and works; to plant and maintain or remove shade trees
along the streets and upon such public grounds; to prevent the ob-
struction of such streets, alleys, and highways, abolish and prevent
grade crossings over the same by railroads in the manner prescribed
by the general law for the elimination of grade crossings; to require
any railroad company operating a railroad at a place where any
highway or street is crossed within the town limits to erect and
maintain at such crossing any style of gate deemed proper and keep
a man in charge thereof, or keep a flagman at such crossing during
such hours as the council may require in accordance with the general
law of the State, and to regulate the length of time such crossing may
be closed due to any operations of the railroads; to regulate, to the
extent permitted by general law, the operation and speed of cars, and
vehicles upon said streets and highways, as well as the speed of all
engines, cars, and trains on railroads within the town; and to do all
other things whatsoever adapted to make said streets and highways
safe, convenient and attractive.

(16) Toconstruct in such parks, playgrounds, and public grounds,
as it may maintain, or upon any town property, stadiums, swimming
pools, and recreation or amusement buildings, structures, or in-
closures of every character, refreshment stands, restaurants, et cetera,
to charge for admissions, and use of the same, and rent out or lease
the privileges of construction or using such stadiums, swimming
pools, recreation or amusement buildings, structures, or inclosures of
every character, refreshment stands, or restaurants, et cetera.

(17) To establish, impose, and enforce the collection of water
and sewage rates, and rates and charges for public utilities, or other
services, products, or conveniences, operated, rented or furnished by
the town, and to assess, or cause to be assessed, after reasonable
notice to the owner or owners, water and sewage rates and charges
directly against the owner or owners of the buildings or against the
proper tenant or tenants; and in event such rates and charges shall
be assessed against a tenant or owner or owners then the council may
by ordinance, require of such tenant or owner or owners a deposit of
such reasonable amount as it may by such ordinance prescribe before
furnishing such service to such tenant, or owner or owners.

(18) To establish, construct, and maintain sanitary sewers, sewet
lines and systems, and to require the abutting property owners to
connect therewith and to establish, construct, maintain and operate
sewage disposal plants, and to acquire by condemnation or otherwise,
within or without the town, all lands, rights of ways, riparian anc
other rights, and easements necessary for the purposes aforesaid, anc
to charge, assess, and collect reasonable fees, rentals, assessments ot
cost of service for connecting with and using the same.

(19) Subject to the provisions of the Constitution and general
laws of Virginia and this charter to grant franchises for public utilities.

(20) To charge and to collect fees for permits to use public
facilities and for public services and privileges. The said town shall
have the power and right to charge a different rate for any service
rendered or convenience furnished to citizens without the corporate
limits from the rates charged for similar service to citizens within the
corporate limits.

(21) To compel the abatement and removal of all nuisances
within the town or upon property owned by the town beyond its
limits at the expense of the person or persons causing the same, or
of the owner or occupant of the ground or premises whereon the same
may be, and to collect said expense by suit or motion or by distress
and sale; to require all lands, lots and other premises within the town,
to be kept clean and sanitary and free from stagnant water, weeds,
filth, and unsightly deposits, or to make them so at the expense of
the owners or occupants thereof, and to collect said expense by suit
or motion or by distress and sale; to regulate, or prevent slaughter
houses or other noisome or offensive business within the said town,
or the exercise of any dangerous or unwholesome business, trade or
employment therein; to regulate the transportation of all articles
through the streets of the town; to compel the abatement of smoke
and dust and prevent unnecessary noise; to regulate the location of
stables and the manner in which they shall be kept and constructed;
to regulate the location, construction, operation and maintenance of
billboards and generally to define, prohibit, abate, suppress and pre-
vent all things detrimental to the health, morals, aesthetic, safety,
convenience and welfare of the inhabitants of the town; and to re-
quire all owners or occupants of property having sidewalks in front
thereof to keep the same clean and sanitary, and free from all weeds,
filth, unsightly deposits, ice and snow.

(22) To prevent or extinguish fires, and to establish, regulate,
and control a fire department or division; to regulate the size, heights,
materials and construction of buildings, fences, walls, retaining walls
or other structures hereafter erected, in such manner as the public
safety or conveniences may require; to remove or require to be re-
moved or reconstructed any building, structure or addition thereto,
which by reason of dilapidation, defect of structure, or other causes,
may have become dangerous to life or property, or which may be
erected contrary to law; to establish or designate from time to time
fre limits, within which limits wooden buildings shall not be con-
structed, removed to, added to, enlarged, or repaired and to direct
that any and all future buildings within such limits shall be con-
structed of stone, natural or artificial, concrete, brick, iron or other
fireproof material; and may enact stringent and efficient laws for
securing the safety of persons from fires in halls and buildings used
for public assemblies, entertainments or amusements.

(23) To direct the location of all buildings for storing explosives
sr combustible substances; to regulate the sale and use of gunpowder,
nitro-glycerin, fireworks, gasoline, kerosene oil or other like materials,
to the extent not prohibited by general law of the State; to regulate
the exhibition of fireworks, the discharge of firearms, and the making
of bonfires in the streets and yards.

(24) To provide for the preservation of the general health of the
nhabitants of said town, make regulations to secure the same, inspect
all foodstuffs and prevent the introduction and sale in said town of
any articles or thing intended for human consumption, which is
adulterated, impure or otherwise dangerous to health, and to con-
demn, seize and destroy or otherwise dispose of any such article or
thing without liability to the owner thereof; to prevent the introduc-
tion or spread of contagious or infectious diseases, and prevent and
suppress disease generally; to provide and regulate hospitals within
or without the town limits, and if necessary to the suppression of
disease, to enforce the removal of persons afflicted with contagious or
infectious diseases to hospitals provided for them; to provide for the
organization of a department or bureau of health, to have the powers
of a board of health for said town, with the authority necessary for
the prompt and efficient performance of its duties, with the power to
invest any or all of the officials or employees of such department of
health with such powers as the police officers of the town have, to
establish quarantine ground within or without the town, and es-
tablish such quarantine regulations against infectious and contagious
diseases as the council may see fit, subject to the laws of the State
and of the United States. _

(25) To provide for the care, support and maintenance of chil-
dren and of sick, aged, insane or poor persons and paupers.

(26) To prevent the riding or driving of horses or other animals
at an improper speed; to prevent the throwing of stones, or engaging
in any sort of employment in public streets which is dangerous or
annoying to passersby, and to prohibit and punish the abuse of animals.

(27) To the extent permitted by general law of the State: To
control, regulate, limit and restrict the operation of motor vehicles
carrying passengers for hire upon the streets or alleys of the town; tc
regulate the use of automobiles and other automotive vehicles upon
the streets; to regulate the routes in and through the town to be used
by motor vehicle carriers operating in and through said town and tc
prescribe different routes for different carriers; to prohibit the use of
certain streets by motor trucks; and generally to prescribe suck
regulations respecting motor traffic therein as may be necessary for
the general welfare.

(28) To acquire in any lawful manner, for the purpose of en.
couraging commerce and manufacture, lands within or without the
town not exceeding at any one time five hundred acres in the aggre
gate, and from time to time to sell or lease the same or any part
thereof for industrial or commercial uses and purposes.
(29) To provide in or near the town, lands to be used as burial
places for the dead; to improve and care for the same and the ap-
proaches thereto, and to charge for and regulate the use of the ground
therein, to co-operate with any non-profit corporation in the improve-
ments and care of burial places and approaches thereto; and to pro-
vide for the perpetual upkeep and care of any plot or burial lot therein,
the town is authorized to take and receive sums of money by gift,
bequest, or otherwise to be kept invested, and the income thereof used
in and about the perpetual upkeep and care of the said lot or plot, for
which the said donation, gift, or bequest shall have been made.

(30) To prevent any person having no visible means of support,
paupers, and persons who may be dangerous to the peace and safety
of the town, from coming to said town from without the same; and
also to expel therefrom any such person who has been in said town less
than twelve months.

(31) To exercise full police powers and establish and maintain a
department of division of police.

(32) To restrain and punish drunkards, vagrants and street beg-
gars, to prevent and quell riots, disturbances and disorderly assem-
blages; to suppress houses of illfame and gambling houses; to prevent
and punish lewd, indecent and disorderly exhibitions in said town;
and to expel therefrom persons guilty of such conduct who have not
resided therein as much as one year.

(33) To make and enforce ordinances, not inconsistent with the
laws of this State.

(34) To prohibit and punish mischievous, wanton, or malicious
damage to school and public property, as well as private property.

(35) To prohibit and punish minors from frequenting, playing in
or loitering in any public poolroom, billiard parlor, or bowling alley,
and to punish any proprietor or agent thereof for permitting same.

(36) To compel persons sentenced to confinement in the jail of
the town for any misdemeanor or other violation of the laws or ordi-
nances of the said town to work on the public streets, parks or other
public works of the town; and on the requisition of the mayor, or
other person acting as judge of the municipal court, it shall be the
duty of the sergeant of the town to deliver such person to the duly
authorized agent of the town for such purposes from day to day as
he may be required. For the purpose of carrying into effect the
police regulations of said town, the town shall be allowed to use the
county jail of Scott County, for the safe keeping and confinement of
all persons who shall be sentenced to imprisonment under the ordi-
nances of said town.

(37) To offer and pay rewards for the apprehension and convic-
tion of criminals.

(38) To give names to or alter the names of the streets.

(39) To enjoin and restrain the violation of any town ordinance
or ordinances, although a penalty is provided upon conviction of such
violation.

(40) To pass and enforce all by-laws, rules, regulations and ordi-
nances which it may deem necessary for the good order and govern-
ment of the town, the management of its property, the conduct of
its affairs, the peace, comfort, convenience, order, morals, health and
protection of its citizens of their property and to do such other things
and pass such other laws as may be necessary or proper to carry into
full effect, all powers, authority, capacity, or jurisdiction, which is or
shall be granted to or vested in said town, or in the council, court, or
officers thereof, or which may be necessarily incident to a municipal
corporation.

(41) To do all things whatsoever necessary or expedient and
lawful to be done for promoting or maintaining the general welfare,
comfort, education, morals, peace, government, health, trade, com-
merce, or industries of the town, or its inhabitants.

(42) To prescribe any penalty for the violation of any town
ordinance, rule, or regulation or of any provision of this charter, not
exceeding five hundred dollars or twelve months’ imprisonment in
jail, or both.

(43) To make and adopt a comprehensive plan for the town, and
to that end all plats and re-plats hereafter made subdividing any land
within the town or within one mile thereof, into streets, alleys, roads,
and lots or tracts shall be submitted to and approved by the council
before such plats or re-plats are filed for record or recorded in the
office of the clerk of Scott County, Virginia.

(44) To own, operate and maintain electric hght and gas works,
either within or without the corporate limits of the town and to supply
electricity and gas whether the same be generated or purchased by
said town, to its customers and consumers both without and within
the corporate limits of the said town, at such price and upon such
terms as it may prescribe, and to that end it may contract and pur-
chase electricity and gas from the owners thereof upon such terms as
it may deem expedient. |

(45) To provide by ordinance for a system of meat and milk in-
spection, and appoint milk and meat inspectors, agents, or officers
to carry the same into effect, license, regulate, control and locate
slaughter houses within or without the corporate limits of the town,
and for such services of inspection to make reasonable charge therefor;
and to provide such reasonable penalties for the violation of such
ordinances.

(46) To regulate, permit or prohibit poles and wires for electric,
telephone and telegraph purposes to be erected and gas pipes to be
laid in the streets and alleys, and to prescribe and collect annual
charge for such privileges, heretofore or hereafter granted; to require
the owner or lessee of an electric light, telephone or telegraph pole, or
poles, or wires, now in use or hereafter erected, to change the location
or move the same; to require all telephone and telegraph wires and
all wires and cables carrying electricity, now in use or hereafter used,
to be placed in conduits underground and prescribe rules and regula-
tions for the construction and use of such conduits.

Section 4. Administration and Government.—The administra-
tion and government of the town of Gate City shall be vested in a
body to be called the council of the Town of Gate City, which shall
consist of five (5) members, four (4) of whom shall be known as
Councilmen, and one to be known as Mayor, all of whom shall be
residents and qualified voters of the said Town. On the second
Tuesday of June, nineteen hundred and forty-one, there shall be
elected by the qualified voters of the Town of Gate City, five council-
men, who shall be electors of said town, whose terms of office shall
begin on the first day of September, next succeeding their election.
Of the five members elected to the Council, on the second Tuesday in
June, nineteen hundred and forty-one, those two members receiving
the greatest number of votes shall hold office for a term of four years,
beginning on the first day of September, nineteen hundred and forty-
one, and until their duly elected successors shall have qualified. The
other three members shall serve for a term of two years, beginning
September first, nineteen hundred and forty-one. In case of - tie
among any of the members, lots shall be cast among those tying to
determine which one or ones shall hold office for the term of four
years. On the second Tuesday of June, nineteen hundred and forty-
three, and every two years thereafter, there shall be elected by the
qualified voters of the said Town, three councilmen, and the two
members receiving the greatest number of votes shall hold office fora
term of four years, beginning on September first, succeeding their
election, and until their duly elected successors shall have qualified.
The other member who is elected at that time shall serve for a term of
two years, beginning on September first, succeeding (his or her)
election and until (his or her) duly elected successor shall have quali-
fied.

Following the regular municipal election, at the first organization
meeting, or as soon thereafter as practicable, the five members of the
council shall elect one of their members as mayor to serve for the
following two years. A majority vote of the council shall be sufficient
to elect said mayor. The council of the said town shall have power
to elect or appoint such other officers as it may deem necessary, and
to define their duties, including a Town manager, who may or may
not be a resident or qualified voter of the said town, who, shall, under
the control of the council, have general charge and management of
the administration affairs and work of the said town, and who shall
perform such other duties as may be required of him by the council.
The said manager, if one should be elected or appointed, shall receive
such salary as shall be allowed him by the council and may be dis-
missed at any time by. the said council. The council may create,
appoint, or elect such other departments, bodies, boards, and other
officers as are hereinafter provided for, or as are permitted, or re-
quired by law to be appointed by the council.

The present acting Council of the Town shall have the right to
elect or appoint a Town Manager whose duties shall be the same as
defined hereinabove. |

Section 5. The Mayor.—The mayor shall preside over the de-
liberations of the council and shall have the same powers and rights
of voting as other members of the council, but he shall have no right
of veto; he shall be the chief executive officer of the town and shall
perform such other duties consistent with his office as may be im-
posed by the council; he shall take care and see that the by-laws,
ordinances, acts and resolutions of the council are faithfully executed;
he shall have and exercise all power and authority conferred by general
law on mayors of towns not inconsistent with this charter; he shall be
ex-officio a conservator of the peace within the town and within one
mile of the corporate limits thereof, and shall, unless otherwise pro-
vided by the council, have jurisdiction to try all violations of the town
ordinances, subject to an appeal to the circuit court of Scott County,
and inflict such punishment and impose such fines as may be pre-
scribed for a violation of the same and he shall have power to issue
executions for all fines and costs imposed by him, or he may require
an immediate payment thereof, and in default of such payments he
may commit the party in default to the town jail or the jail of Scott
County until the fine and cost shall be paid, but the time of imprison-
ment in such case shall not exceed twelve months; he shall possess all
the jurisdiction and exercise all power and authority of a justice of
the peace in civil and criminal cases within the said limits; he shall
see that peace and order are preserved and that persons and property
within the town are protected; he shall authenticate by his signature
such documents and instruments as the council, this charter, or the
laws of this Commonwealth require; and he shall from time to time
recommend to the council such measures as he may deem needful for
the welfare of the town; provided, however, that the council may
appoint a police justice for the town, who shall be a qualified voter of
the town, and shall serve during the pleasure of the council. He shall,
during such time as he shall serve, have exclusive jurisdiction to try
all violations of town ordinances, and the same jurisdiction in criminal
cases as is conferred by law on police justices of cities, and shall,
before entering upon the discharge of his duties, qualify as such
police justices are required to qualify, and he shall receive such com-
pensation as may be provided by the council.

Section 6. The Powers of the Council.—The Council hereinbefore
created shall have full power and authority, except as herein otherwise
specifically provided, to exercise herein all the powers conferred upon
the town, and pass all laws and ordinances relating to its municipal
affairs, subject to the Constitution and general laws of the State and
of this charter, and shall have full and complete control of this charter,
and shall have full and complete control of all fiscal and municipal
affairs of the said town and all of its real and personal properties, and
may from time to time amend, re-amend and/or repeal any or all of
the said ordinances, for the proper regulation, management and gov-
ernment of the said town and may impose fines and penalties for the
violation or non-observance thereof.

Section 7. Composition of the Council; Vacancies.—The said
five (5) councilmen shall be elected at large by the qualified voters
of the town, and shall hold office until their successors shall have been
elected and qualified. The members who now constitute the said
council, as well as all other elected officers, shall continue in office
until the first day of September, nineteen hundred and forty-one, and
thereafter until their successors have been elected and qualified.
The council shall be a continuing body, and no measure pending before
such body shall abate or be discontinued by reason of expiration of
the term of office or removal of the members of said body or any of
them. Vacancies in the council shall be filled within thirty days after
any such vacancy occurs for the unexpired term by a majority vote
of the remaining members, except where otherwise inconsistent with
the provisions of this charter.

Section 8. Salaries——The salary of the mayor of the town, as now
constituted or hereafter elected, if any be allowed by the council, shall
be fixed by the council, but in no event to exceed three hundred dollars
per annum. The councilmen, as now constituted or hereafter elected,
may receive a salary to be fixed by the said council, not to exceed one
hundred dollars per annum for each councilman. The salary of the
mayor and councilmen, if any, when fixed shall so continue until
changed by the council, and shall be payable out of the treasury of
the town in monthly installments. The council shall fix the salary of
its recorder, and such other officers, agents and employees as it may
deem appropriate; provided, no salary shall be fixed for a period to
exceed one year.

Section 9. The Meetings of the Council.—The council shall by
ordinance adopt such rules as it might deem proper for the regulation
of its proceedings and shall meet at such times as may be prescribed
by ordinance, provided, however, that it shall hold at least one regular
meeting each month. A majority of the council shall constitute a
quorum for the transaction of business, but no ordinance or resolution
shall be adopted having for its object the levying of taxes or con-
tracting a debt except by a vote of three-fifths of the council. The
mayor, or any other two members of the council, may call a special
meeting of the council upon at least twelve hours written notice of
the time, place and purpose to each member served personally or left
at his usual place of business or residence by the town sergeant, and
no business shall be transacted by the council in such special meeting
which has not been stated in the notice, provided, however, that these
regulations shall not apply when all members of the council attend
such meeting or waive notice thereof, nor shall it apply to an adjourned
session from a regular meeting. The meetings of the council shall be
public unless the council by a recorded affirmative vote of three-fifths
of its members shall declare that the public welfare demands an
executive session of the council; and citizens may have access to the
minutes and records of the council at any reasonable time.

Section 10. Council; Chairman Pro Tem.—The council shall, as
soon as this act takes effect, elect from its membership a chairman pro
tem who shall in the absence or inability of the mayor to act, have
all the powers and duties of the mayor, and shall perform all of his
functions; and at the first meeting of each new and succeeding council
elected hereunder such chairman pro tem shall be elected.

Section 11. Elections.—The time of holding and the method of
conducting municipal elections shall conform to the general laws of
the State of Virginia. The next election is to be held on the Second
Tuesday of June, nineteen hundred and forty-one, and every two
years thereafter. :

Section 12. Bond.—All officers, elected or appointed under the
provisions of this charter, shall, unless otherwise provided under
general law or by this charter, or by ordinance of the council, execute
such bond, with such approved corporate security as may be required
by general law, by this charter, or by ordinance or resolution of the
council, and file the same with the town clerk before entering upon
the discharge of their duties; and in event of default on the part of
any bonded municipal officer, the town shall have the same remedies
against him and his sureties as are provided for the State in enforcing
the penalty of any official bond given to it.

Section 13. Oaths.—All officers elected or appointed under the
provisions of this charter shall take the oath of office required by
general law before entering upon the discharge of his duties, and if
these requirements have not been complied with within thirty days
after the term of office shall have begun or after his appointment to
fill a vacancy, then such office shall be considered vacant.

Section 14. The Town Recorder.—The town recorder shall be
appointed by the council, and shall attend the meetings of the council
and shall keep permanent records of its proceedings; he shall be cus-
todian of the town seal and shall affix it to all documents and instru-
ments requiring the seal, and shall attest the same; he shall keep all
papers, documents, and records pertaining to the town, the custody of
which is not otherwise provided for in this charter; he shall give
notice to all parties, presenting petitions or communications to the
council of the final action of the council on such communications or
petitions; he shall give to the proper department or officials ample
notice of the expiration or termination of any franchise, contract or
agreements; he shall publish such reports and ordinances as the council
is required to publish, and such other records and ordinances as it
may direct; he shall upon final passage transmit to the proper de-
partments or officials copies of all ordinances or resolutions of the
council relating in any way to such departments or to the duties of
such officials, and he shall perform such other acts and duties as the
council may, from time to time, allow or require.

Section 15. The Town Treasurer.—There shall be appointed by
the council one town treasurer who shall hold office during the pleasure
of the council; but the present treasurer of the town shall continue
to discharge the duties of the office until removed by the council or
until his successor shall have qualified. Any vacancy in this office
shall be promptly filled by the council. The said treasurer shall be
the disbursing agent of the town and have the custody of all money
and all evidences of value belonging to the town or held in trust by
the town. He shall receive all money belonging to and received by
the town and keep correct accounts of all receipts from all sources
and of all expenditures of all departments. He shall collect all taxes
and assessments, water rents, and other charges belonging to and
payable to the town, and for that purpose he is hereby vested with
powers similar to those which are now or may hereafter be vested in
county and city treasurers for the collection of county, city, and State
taxes under the general law; he shall keep, disburse and deposit all
money or funds in such manner and in such places as may be deter-
mined by ordinance or the provision of the law applicable thereto; he
shall pay no money out of the treasury, except in the manner pre-
scribed by this charter or by ordinance or the general law; he shall
perform such duties as are usually incident to the office of commissioner
of revenue in relation to the assessment of property for town taxation
and town license taxes and shall have power to administer oaths in
the performance of his official duties; and shall make such reports and
perform such other duties not inconsistent with the office as may be
required by this charter or by ordinance or resolution of the council.
The treasurer shall be entitled to commission for handling the funds
of the town, or may be paid such salary as may be provided by the
council, and before entering upon the duties of his office shall execute
a bond in such amount and with such security as the council by ordi-
nance may prescribe. The council may, in its discretion, and if it
deems it necessary or convenient, appoint some person or persons to
assist the town treasurer in the collection of all taxes and assessments,
water rents, and other charges belonging to and payable to the town,
which person may be the town sergeant, or superintendent of water
works, but before entering upon the discharge of his duties, such
person shall execute a bond in such amount and with such security as
the council by ordinance, may prescribe. The treasurer shall be
subject to the supervision of the council of the town of Gate City and
shall perform such other duties not inconsistent with his office as may
be required of him by the town council; and he shall make all such
reports as may be required by the council. The said treasurer or
town manager, if one be appointed, may be one and the same person
if the council may deem it more expedient.

Section 16. Town Sergeant.—There shall be appointed by the
council a town sergeant who shall qualify and give bond in such
amount as the council may require. He shall be vested with powers
of a conservator of the peace, and shall have the same powers and
discharge the same duties as a constable within the corporate limits
of the town and to the distance of one mile beyond the same, and shall
perform such other duties as may be from time to time prescribed by
the council or town manager.

Section 16-A. Who Shall Be Eligible to Appoint as Town Treas-
urer, Town Sergeant, Town Clerk and Town Manager.—No member
of the town council, or one who is elected to such office of town council,
shall be eligible to appointment or election to the office of town treas-
urer, town sergeant, town recorder or town manager, during the period
for which he has been elected.

Section 17. Tax Lien on Real Estate.—A lien shall exist on all
real estate within the corporate limits for taxes, levies and assess-
ments in favor of the town, assessed thereon from the commencement
of the year for which the same were assessed and the procedure for
collecting the said taxes, for selling real estate for town taxes and for
the redemption of real estate sold for town taxes shall be the same as
provided in the general law of the State to the same extent as if the
provisions of said general law were herein set out at length. The
said town and its treasurer shall have the benefit of all other and addi-
tional remedies for the collection of town taxes which are not or here-
after may be granted or permitted under the general law.

Section 18. Tax Remedies; Personal Property.—All goods and
chattels wheresoever found may be distrained and sold for town taxes
and licenses assessed and due thereon; and no deed of trust or mort-
gage upon goods and chattels shall prevent the same from being dis-
trained and sold for town taxes and licenses assessed against the
grantor in such deed while such goods and chattels remain in the
grantor’s possession.

Section 19. License Taxes.—License taxes may be imposed by
ordinance on business, trades, professions, or callings and upon the
person, firms, associations, and corporations engaged therein, and the
agents thereof, except in cases where taxation by the localities is or
shall be prohibited by the general law of the State, and nothing herein
shall be construed to repeal or amend any general law with respect to
taxation. The council may subject any person, who, without having
obtained a license therefor, shall do any act or follow any business,
occupation, vocation, pursuit, or calling in the town for which a
license may be required by ordinance, to such fine or penalty as it has
authority to impose for any violation of its laws.

Section 20. Audit of Accounts.—Upon the death, resignation, re-
moval or expiration of the term of any officer of the town, the council
shall order an audit and investigation to be made of the accounts of
such officer and a report to be made to the council as soon as prac-
ticable. After the close of each fiscal year an annual audit shall be
made by a qualified accountant selected by the council, who shall
have no personal interest, direct or indirect, in the financial. affairs of
the town or-any of its officers or employees. The council may at any
time provide for an examination or audit of the accounts of any officer
or department of the town government.

Section 21. Subdividing Lands, Dedication of Streets, Recording
Plats—Every owner or proprietor of any tract of land within this
town who may hereafter subdivide the same into three or more parts
for the purpose of creating a subdivision shall conform to the general
laws of the State of Virginia, in the preparation of the plat, laying out
and dedication of streets, alleys, and lanes, and recordation thereof,
except as herein otherwise provided, but in no event shall the town
of Gate City be held responsible for the upkeep of any street, alley or
lane, or be held liable for any accidents which may occur upon such
streets, alleys, or lanes until after the dedication of such streets, alleys,
or lanes shall have been accepted by or declared by ordinance of the
town council. ,

Section 22. Municipal Securities—Bonds, notes, and other evi-
dences of indebtedness may be issued by the town for such purposes
and in such manner as are prescribed by chapter one hundred and
twenty-two of the Code of Virginia, the Constitution, or any other
general statute on the subject of bond issues by towns or the issue of
other municipal securities.

Section 23. Sinking Fund Provision.—(a) There shall be set
apart annually from the revenues of the town a sinking fund sufficient
in amount, to be invested as hereinafter set forth, to pay the out-
standing indebtedness of the town as it matures and which by its
terms is not payable in one year, and the council may in its discretion
annually from time to time, set aside such additional sinking funds
as may be deemed proper. (b) When taxes on real and personal prop-
erty, and water rents, are collected for the year the town treasurer
shall take therefrom the necessary amount and any additional sum,
if any, so set apart, and deposit the same in a separate account to
the credit of the sinking fund in such bank or banks as the council
may designate; and the council may, if it shall so elect, cause its
sinking fund to be loaned on improved real estate situated in the
town of Gate City, secured by first mortgage liens thereon, provided
such funds shall not be loaned to a greater amount than fifty per
centum of the fair market value of the property, and fire insurance
shall be carried on the property during the loan in an amount at least
equal to the face amount of the loan, which money shall be loaned at
the rate of six per centum per annum, payable semi-anually and
for no longer than five years at any one time. (c) All sinking funds
shall be used exclusively in the payment or purchase and redemption
of the outstanding bonds of the town, and when such sinking funds
are not required or may not within a reasonable time be required for
payment of any bond of the town, or cannot be used to advantage in
the purchase and redemption of any bonds of the town, which may be
outstanding, the same shall be securely invested in interest bearing
municipal, State or government bonds or loaned upon otherwise un-
encumbered real estate, within the town of Gate City upon the basis
hereinbefore provided, or invested in any securities approved by the
general laws of the State for the investment of such bonds, or deposited
in a bank on a reasonable rate of interest. Such sinking fund may be
used in the payment or purchase and redemption of all bonds of the
town at the discretion of the council. (d) The town council shall act
as the sinking fund commission and shall provide for the investment,
deposit and application of the funds in conformity to the provisions
of this charter; and it may require of any bank or banks receiving on
deposit its revenues or any of its sinking fund a fidelity bond.

Section 24. Acquisition of Property; Condemnation.—The town
shall not take or use any private property for streets, highways or any
other public purposes without making just compensation for the same,
but where the town cannot obtain the title to property necessary
for such purposes, it may proceed to condemn the same in the mode
prescribed by the Constitution and general laws of the State. ,

Section 25. Actions Against Town; Damages.—(a) No action
shall be maintained against the town for damages for any injury to
any person or property alleged to have been sustained by reason of
the negligence of the town or any officer, agent, or employee thereof,
unless a written statement, verified by the oath of the claimant, his
agent or attorney, or the personal representative of any decedent
whose death is the result of the alleged negligence of the town, its
officers, agents, or employees, of the nature of the claim and the time
and place at which the injury is alleged to have occurred or to have
been received, shall have been filed with an attorney appointed by
the council for this purpose, or with the Mayor of the town, within
sixty days after such cause of action shall have accrued, except where
the claimant is an infant or non compos mentis, or the injured party
dies within such sixty days, such statement may be filed within one
hundred and twenty days. And no officers, agents or employees of
the town shall have authority to waive such conditions precedent or
any of them. (b) In any action against the town to recover damages
against it for any negligence in the construction or maintenance of its
streets, alleys, lanes, parks, public places, sewers, reservoirs or water
mains, where any person or corporation is liable with the town for
such negligence, every such person or corporation shall be joined as
defendant with the town in any action brought to recover damages
for such negligence, and where there is judgment or verdict against
the town, as well as the other defendant, it shall be ascertained by the
court or jury which of the defendants is primarily liable for the damages
assessed. (c) If it be ascertained by the judgment of the court that
some person or corporation other than the town is primarily liable,
there shall be a stay of execution against the town until execution
against such person or persons or other corporation or corporations,
shall have been returned without realizing the full amount of such
judgment. (d) If the town, were not primarily liable, shall pay the
said judgment in whole or in part, the plaintiff shall, to the extent
that said judgment is paid by the town, assign the said judgment to
the town without recourse on the plaintiff, and the town shall be en-
titled to have execution issued for its benefit against the other de-
fendant or defendants who have been ascertained to be primarily
liable, or may institute any suit in equity to enforce the said judg-
ment, or an action at law, or scire facias to revive or enforce said judg-
ment. (c) No order shall be made, and no injunction shall be awarded,
by any court or judge, to stay the proceedings of the town in the
prosecution of their works, unless it be manifest that they, their
officers, agents or servants are transcending the authority given them
by this act, and that the interposition of the court is necessary to
prevent injury that cannot be adequately compensated in damages.
Section 26. Investigations.—The council, mayor, and officers,
board or commission authorized by them or either of them, shall have
the power to make investigations within their respective powers and
duties, and for that purpose to subpoena witnesses, administer oaths,
and compel the production of books and papers, and any person refus-
ing or failing to attend, or to testify or to produce such books and
papers, may by summons issued by such board or officer be summoned
before the mayor of said town, and upon failure to give satisfactory
explanation of such failure or refusal may be fined by the mayor for
contempt, and any person giving false testimony may be proceeded
against for perjury.

Section 27. Books, Records, Et Cetera.—All books, records, and
documents used by any town officer in his office or pertaining to his
duties shall be deemed the property of said town, and the chief officer
in charge of such office shall be responsible therefor. Any such
officer or person made by this section responsible for the keeping of
such books, records, documents shall, within five days after the date
of his resignation or removal from office, as the case may be, deliver
to the town Recorder all records and documents. Any such officer
or person failing to deliver such books, records, or documents, as
required by this section, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be punished as the council may have
by ordinance provided.

Section 28. Validation of Contracts.—All contracts and _ obli-
gations heretofore or hereafter made by the council of the town of
Gate City, while in office, not inconsistent with this charter, or the
Constitution, or the general laws of this State shall be, and are hereby
declared to be valid and legal.

Section 29. Ordinances to Continue in Force.—All ordinances
now in force in the Town of Gate City, not inconsistent with this
charter shall be and remain in force until altered, amended or repealed
by the council of the said town.

Section 30. Partial Invalidity—If any clause, sentence, para-
graph, or part of this act, shall for any reason be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder of the said act, but
shall be confined in its operation to the clause, sentence, paragraph
or part thereof directly involved in the controversy in which said
judgment shall have been rendered.

Section 31. Repealing Clause.—All acts or parts of acts in con-
flict with this charter, in so far as they affect the provisions of this
charter, and all former charters and amendments thereto for the town
of Gate City, Virginia, are hereby repealed.

Section 32. Citation of Act.—This act may for all purposes be
referred to or cited as the Gate City charter of nineteen hundred
and forty. ,

Section 33. Nothing herein contained shall in any way affect
the respective terms of office to which the present mayor, members of
the town council, treasurer, sergeant and recorder have been elected
or appointed. The said officers shall continue in office to the end of
their present terms to which they have already been elected at the
election held on the second Tuesday in June, nineteen hundred and
thirty-nine, or appointed, or until their successors have been elected
and qualified.

2. The foregoing new charter for the town of Gate City consisting
of thirty-three sections, shall not become or be effective unless and
until the same be approved and adopted by a majority of the qualified
voters of the town, voting on the question; and the regular election
officers of the said town are hereby directed to open a poll on the
Tuesday after the first Monday in November, nineteen hundred and
forty, and take the sense of the qualified voters of the town, on the
question whether or not the said new charter shall be approved and
adopted. The ballots for said election shall be prepared, distributed
and voted, and the result thereof ascertained and certified in ac-
cordance with the provisions of section one hundred and ninety-
seven-a of the Code of Virginia. If the result of said election be in
favor of the approval and adoption of the said new charter for the
town of Gate City, the same shall thereupon become and be in full
force and effect.

I. E. Griffith Dodson, Clerk of the House of Delegates of Virginia,
do hereby certify that the session of the General Assembly of Virginia,
at which the Acts of Assembly herein printed were enacted, adjourned
sine die on March twenty-third, nineteen hundred and forty.

E. GRIFFITH DODSON,
Clerk of the House of Delegates.

Note: Except as otherwise specifically provided in each Act, all
Acts of this session of the General Assembly become effective on and
after midnight of June 21, 1940, and all such laws are effective on and
after 12:00 a. m., plus, of June 22, 1940.
Joint Resolutions of the General Assembly
SESSION 1940

Other than those of a purely procedural nature

HOUSE JOINT RESOLUTION NO. 3.

Lunch Counter.
Agreed to January 10, 1940.

Resolved by the House of Delegates, the Senate concurring, That
the Clerk of the House of Delegates is directed from time to time, to
procure some one to operate the lunch counter in the Capitol for dis-
pensing soft drinks, food, tobacco, newspapers, etc., during the
sessions of the General Assembly.

HOUSE JOINT RESOLUTION NO. 4.

Requesting Postmaster General to issue stamps in honor of Commodore Matthew
Fontaine Maury.
Agreed to January 15, 1940.

Whereas, it is now the practice through the use of special issues of
postage stamps to honor distinguished Americans and to commemorate
events of historical importance to our nation; and,

Whereas, Matthew Fontaine Maury, a native Virginian, whose
contributions to the science of navigation and whose achievements in
the fields of hydrography and of meteorology gained recognition of his
genius by the scientific associations of the world, and whose work as a
naval officer, teacher and author, made him one of Virginia’s most
distinguished sons, is pre-eminently fitted to be so honored by the
nation he loved and served; and,

Whereas, the world-wide scope of the Postal Service today is in
part at least due to the achievements of this great geographer,
physicist and cartographer, and it is particularly fitting that the Post
Office Department of our national government, under authority con-
ferred upon the Postmaster General, should take appropriate steps
to so honor his memory; Now, therefore,

Be it Resolved by the House of Delegates, the Senate concurring,
that the Postmaster General of the United States, be, and heis hereby,
requested to have prepared, if consistent with the policy of his office,
a special issue of postage stamps so designed and inscribed as to do
honor to Matthew Fontaine Maury, commonly known as the Path-
finder of the Seas.
Book entitled ‘‘The General Assembly of the Commonwealth of Virginia, 1919-1939",
Agreed to January 15, 1940.

Resolved by the House of Delegates, the Senate concurring, That
the Clerk of the House of Delegates is authorized to purchase for free
distribution, two thousand additional copies of the book entitled
“The General Assembly of the Commonwealth of Virginia, 1919-
1939”, compiled by E. Griffith Dodson, Clerk of the House of Dele-
gates, and direct payment of $2,108.36 therefor out of the contingent
fund of the General Assembly. Six hundred copies thereof are to be
given to the Board of Education for distribution to public schools,
three hundred copies to the Virginia State Library for exchange pur-
poses, two additional copies to each member of the General Assembly,
one copy to each of the several clerks, pages, stenographers, and other
officials of the General Assembly, and the remainder to the public
in the discretion of the Clerk of the House of Delegates.

HOUSE JOINT RESOLUTION NO. 8.
Spelling of Accomack County.
Agreed to January 15, 1940.

Resolved by the House of Delegates, the Senate concurring, Tha’
‘“‘Accomack”’ (spelled with the final letter ‘‘k’’) is the correct spelling
of the county of that name, and the Clerks of the respective houses o|
the General Assembly of this Commonwealth are directed to use thi:
correct spelling in their records; and be it further resolved that wher
bills or resolutions are offered and show the name of the county spellec
otherwise, such different spelling shall be treated as a typographica
error and shall be corrected by the Clerks in accordance with thi
resolution. :

HOUSE JOINT RESOLUTION NO. 9.
Postage.
Agreed to January 15, 1940.

Resolved by the House of Delegates, the Senate concurring, Tha
the Clerk of the House of Delegates and the Clerk of the Senate
are hereby authorized and directed to supply postage for the member:
of their respective houses, for such mail as they may present for post
ing during the session of the General Assembly, the payment for whicl
is to be made out of the contingent fund of the General Assembly.
Campaign to raise funds with which to fight infantile paralysis.

Agreed to January 16, 1940.

Whereas, infantile paralysis, one of the most dreadful scourges of
the human race, takes every year a distressing toll of human life in
Virginia and, where death does not result, leaves in its wake many
crippled persons, especially children, and untold suffering among
themselves and their loved ones; and,

Whereas, there is in progress at this time the annual campaign
for funds with which to fight this disease on every front, in the care
and treatment of victims thereof, in research into the causes of infan-
tile paralysis, to the end that it may be eradicated from the list of
human ills, and in the rehabilitation of those who have been stricken:
Now, Therefore,

1. Beitresolved by the Senate, the House of Delegates concurring,
that the people of Virginia be, and they hereby are, urged to give their
wholehearted support to the worthy movement in Virginia, known as
the “Fight Infantile Paralysis Campaign’”’.

SENATE JOINT RESOLUTION NO. 1.
Printing of Bills.

Agreed to by the Senate, January 11, 1940.

Agreed to by the House, January 18, 1940.

Be it resolved by the Senate, the House of Delegates concurring,
That each bill introduced in the General Assembly of Virginia to
amend and re-enact any existing statute shall, in addition to other
existing requirements, be so drawn and printed as to show by the
insertion of an asterisk (*) each place where any portion of the existing
statute is omitted; each such asterisk (*) so appearing in any bill
shall, in the event such bill be passed by the General Assembly, be
disregarded in the enrolling of such bill.

HOUSE JOINT RESOLUTION NO. 5.
For the continuation of the Civilian Conservation Corps.

Agreed to by the House, January 17, 1940.
Agreed to by the Senate, January 18, 1940.

Whereas, the Civilian Conservation Corps has conserved national
resources of our country of far greater value than the amount expended
for the maintenance and operation of such organization; and

Whereas, the continuation of such Conservation Corps as now
1940 | ACTS OF ASSEMBLY 933

established will be a measure of economy affecting the interests of all
of our people; Now, Therefore, .

1. Beitresolved by the House of Delegates, the Senate concurring,
that the two United States Senators from Virginia and the members
of the United States House of Representatives from Virginia be
requested to use their best efforts to prevent any reduction in the
present number of Civilian Conservation Corps camps or the personnel
thereof to the end that all such camps now operating in Virginia be
maintained as at present.

HOUSE JOINT RESOLUTION NO. 14.
Requesting names of legislative agents, legislative counsel and lobbyists.

Agreed to January 19, 1940.

Be it resolved by the House of Delegates, the Senate concurring,
that the Secretary of the Commonwealth be, and he is hereby, author-
ized and directed to furnish, at least once during each week of the
current session of the General Assembly, the Clerk of the House of
Delegates and the Clerk of the Senate with the names of those persons
who have filed or registered as legislative agents, legislative counsel
and lobbyists, or either, pursuant to the provisions of chapter eighty-
five of the Acts of the General Assembly of nineteen hundred and
thirty-eight, together with the addresses of such persons and the
names and addresses of the persons, firms, organizations and cor-
porations whom they represent or by whom they have been employed.

HOUSE JOINT RESOLUTION NO. 15.

Return of book taken from Speaker’s desk in the House of Representatives of the
Confederate States of America.

Agreed to January 19, 1940.

Whereas, Aubrey J. Drummond, of New York City, now has in
his possession a book taken, in the city of Richmond, on April
twentieth, eighteen hundred and sixty-five, from the Speaker’s desk
in the House of Representatives of the Confederate States of America.
and,

Whereas, the said Aubrey J. Drummond is desirous of presenting
the said book to the Commonwealth of Virginia; Now, Therefore,

Be it resolved by the House of Delegates, the Senate concurring.
as follows:

1. There is hereby created, for the purposes hereinafter set
forth, a committee which shall consist of two members appointed by
the Speaker of the House of Delegates from the membership of the
House of Delegates, and one member appointed by the President of
the Senate from the membership of the Senate.

2. The said committee shall communicate with the said Aubrey J.
Drummond and make arrangements for the return of the book herein-
above described at appropriate ceremonies to be held in the Old Hall
of the House of Delegates in the Capitol at Richmond, on Wednesday,
February seventh, nineteen hundred and forty.

HOUSE JOINT RESOLUTION NO. 16.

Urging the removal by Great Britain of the embargo on the importation of tobaccos
from the United States.

Agreed to January 19, 1940.

Whereas, the embargo now in effect on the importation of tobaccos
by Great Britain is causing serious loss to the tobacco growers and
manufacturing industries of our country; and, in particular in Virginia;
and

Whereas, it is the earnest desire of the General Assembly of Virginia
that such embargoes be removed as quickly as possible; Now, There-
fore,

Be it resolved by the House of Delegates of Virginia, the Senate
concurring, that we call upon the members of Congress of the United
States from Virginia to urge upon the departments of State and of
Agriculture in Washington to do everything in their power to induce
Great Britain to remove such embargo at the earliest possible time; and

Be it further resolved that a copy of this resolution be transmitted
by the Clerk of the House of Delegates to the presiding officer of the
United States Senate and House of Representatives, respectively, and
to the representatives in the Congress of the United States from the
Commonwealth of Virginia.

SENATE JOINT RESOLUTION NO. 8.
Inviting Lord Lothian to address the Genera! Assembly.
Agreed to January 25, 1940.

Resolved by the Senate, the House of Delegates concurring, That
an invitation be extended to His Excellency, The Right Honorable the
Marquess of Lothian, C. H., Ambassador Extraordinary and Pleni-
potentiary, from Great Britain, to address the General Assembly of
the Commonwealth of Virginia, in joint assembly to be held in the
hall of the House of Burgesses in the restored Capitol at Williams-
bure. Viroinia. on Saturdav Fehruary 17th 1040 at 11°20 A “Mf
1940] ACTS OF ASSEMBLY 935

SENATE JOINT RESOLUTION NO. 3.

Requiring that the General Assembly be advised as to rules and regulations, now in
effect, having the force and effect of law.

Agreed to by the Senate, January 18, 1940.
Agreed to by the House, January 26, 1940.

Whereas, from time to time the General Assembly has by statute
conferred upon departments, divisions, agencies and officers of the
Commonwealth authority to make, adopt or promulgate rules and
regulations having the force and effect of law; and,

Whereas, such departments, divisions, agencies and officers have
made, adopted and promulgated a large number of such rules and
regulations, presumably of great importance to the Commonwealth,
thereby making it imperative that such rules and regulations be
examined by the General Assembly in order that it may determine
whether any action should be taken with reference either to such
rules and regulations or the authorization to make, adopt or promulgate
the same; Now, Therefore, )

Be it resolved by the Senate, the House of Delegates concurring,
that each department, division, agency and officer of the Common-
wealth, authorized by statute to make, adopt or promulgate rules
and regulations, or either, having the force and effect of law, be, and
each such department, division, agency and officer is hereby, requested
and required to file with the Clerk of the Senate, within ten days after
adoption of this resolution, duplicate copies of every such rule and
regulation made, adopted or promulgated by such department,
division, agency and officer, and in effect at the time of the adoption
of this resolution, with the effective date of each; and,

Be it further resolved that the clerk of the Senate notify, in so far
as possible, the departments, divisions, agencies and officers of the
Commonwealth of the adoption of this resolution, and that the said
clerk of the Senate, within ten days after the adoption of this resolu-
tion, cause to be printed and distributed to members of the General
Assembly copies of all such rules and regulations filed with him
pursuant to this resolution, showing as to each such rule and regulation
the date it became effective and the name of the department, division,
agency or officer by whom it was made, adopted or promulgated.

HOUSE JOINT RESOLUTION NO. 19.

Requesting that C. C. C. Camp be located and assigned to work on Manassas Battle-
field Park. :

Agreed to January 29, 1940.

Whereas, the Manassas Battlefield Park located in Prince William
County now consists of approximately two thousand acres belonging
to the United States; and

Whereas, that tract of land known as the “Henry Farm” upon
which the first and second battles of Manassas were fought and upon
which there is now being erected an equestrian statue of General
Thomas J. Jackson, known as ‘“‘Stonewall’’ Jackson; and

Whereas, the said Manassas Battlefield Park has not been im-
proved and beautified to a degree commensurate with the improve-
ment and beautification which has been effected in the other battle-
field parks, nothing having been done by way of improvement and
beautification on the said Henry Farm; and ‘

_ Whereas, it seems appropriate that the said park, and especially
the area known as the Henry Farm which was donated to the Federal
government by southern people, should be properly beautified and
improved, particularly in view of the fact that it is proposed to unveil
the foregoing equestrian statue of General Thomas J. Jackson on the
twenty-first day of July of this year; Now, Therefore,

Be it resolved by the House of Delegates, the Senate concurring,
that the appropriate agency, or agencies, of the United States be
requested to have located, and assigned to work on the Manassas
Battlefield Park a Civilian Conservation Corps Camp to complete, at
the earliest date practicable, the beautification and improvement of
the said park, particularly the Henry Farm portion thereof; and

Be it further resolved that the Clerk of the House of Delegates be
directed to send copies of this resolution to the United States Senators
and the members of the House of Representatives representing Vir-
ginia in the Congress of the United States, to the Director of the
Civilian Conservation Corps, and to the Director of the National
Park Service.

HOUSE JOINT RESOLUTION NO. 20.
To memorialize Congress to reduce excise taxes on tobacco and tobacco products.

Agreed to January 31, 1940.

Whereas the production of tobacco and the manufacture of to-
bacco products constitute agricultural and industrial activities of
major economic importance to the United States, and to the Com-
monwealth of Virginia in particular; and,

Whereas the heavy excise taxes imposed by Congress upon manu-
factured tobacco and tobacco products tend to burden and suppress
the industry and thus to result in far reaching ill effect upon the
economy of the nation, particularly upon that of Virginia and other
neighboring southern States, and especially upon that of farmers en-
gaged in raising tobacco; and

Whereas it is to the interest of the United States, and of the Com-
monwealth of Virginia in particular, that this depressing influence
upon the industry be removed as far as possible and in such a way as
to ensure that the farmers engaged in raising tobacco will reap the
benefit of such reduction; Now, Therefore,

1. Be it resolved by the House of Delegates, the Senate con-
curring, That the Congress of the United States be, and it is hereby,
memorialized to take appropriate action to effect a reduction in the
Federal excise taxes upon manufactured tobacco and tobacco products
in such manner as to provide that the farmers engaged in the pro-
duction and marketing of tobacco will receive the benefit of such
reduction by way of increased return for their product.

2. Beit further resolved that copies of these resolutions be trans-
mitted by the Clerk of the House of Delegates to the presiding officers
of the United States Senate and of the House of Representatives, re-
spectively, and to each member of the Virginia delegation in the
Congress of the United States.

HOUSE JOINT RESOLUTION NO. 22.

Invitation to Hon. R. Walton Moore to address joint assembly of the members of
the General Assembly.

Agreed to January 31, 1940.

The Hon. R. Walton Moore of Fairfax County, Counselor of the
State Department, and one of Virginia’s most distinguished and be-
loved statesmen, has served this State in the Senate from 1887 to
1890 and in the Constitutional Convention of 1901-1902, besides
making many other notable contributions to the Commonwealth.

He has also served the Nation with equal distinction both in the
House of Representatives and in the Department of State, being the
only Virginian who has acted as Secretary of State since John Tyler.

Since few men now living have a more comprehensive and exact
knowledge of Virginia traditions and since there is no one from whom
those who are trying to carry on these traditions. could learn more;
Now, Therefore,

Be it resolved by the House of Delegates, the Senate concurring,
that the General Assembly does hereby invite the Hon. R. Walton
Moore to address a joint assembly of the members of the General
Assembly, to be held immediately after the joint Democratic Caucus
on Tuesday, February sixth, nineteen hundred and forty, at three
P. M., in the Hall of the House of Delegates.

SENATE JOINT RESOLUTION NO. 9.
Printing of bills.
Agreed to January 31, 1940.
Be it resolved by the Senate, the House of Delegates concurring,

That the Director of the Division of Purchase and Printing be, and
he is hereby, requested and directed, in the printing, on and after
Assembly, to print near the top outer edge of each page, other than
the first page, of such bill the letters ‘‘S. B.”, as to each Senate bill,
or ‘H. B.”, as to each House bill, together with the appropriate
number of the said bill.

_ SENATE JOINT RESOLUTION NO. 10.

Report of Virginia Commission on County Government.

Agreed to February 2, 1940.

Be it resolved by the Senate, the House of Delegates concurring,
That the Director of the Division of Purchase and Printing be, and
he is hereby, authorized and directed to have printed five hundred
copies, in addition to the number of copies otherwise required by law,
of the report prepared by the Virginia Commission on County Gov-
ernment, which report has been transmitted by the Governor to the
General Assembly, under date of January thirtieth, nineteen hundred
and forty.

SENATE JOINT RESOLUTION NO. 14.

Concerning investigation of the business of selling and distributing petroleum

products. :
Agreed to February 7, 1940.

Whereas, Under Section 165 of the Constitution of Virginia, the
1919 session of the General Assembly of Virginia enacted an anti-trust
law, among other provisions making it unlawful for a trust or monopoly
to prevent competition in the sale or purchase of merchandise or
commodities intended for sale or consumption in this State or for
such trust or monopoly to fix a standard or figure whereby the price
to the public or consumer of any such commodity is in any manner
controlled or established; and

Whereas, Because of its State-wide application, the said act pro-
vides that the Attorney General of Virginia shall, under certain cir-
cumstances, institute appropriate proceedings for the purpose of en-
forcing the same:

Now, Therefore, Be It

Resolved, By the Senate, the House of Delegates concurring, that
the Attorney General of Virginia is hereby authorized, empowered and
directed to make an investigation of the business of the sale and dis-
tribution of petroleum products in Virginia with reference to the
comparative low prices of gasoline established by marketers in a few
sections of the State and the high prices established by the same
marketers in many other sections of the State after making reasonable
allowance for difference in the cost of transportation, and with ref-
erence to any discrimination in the price of gasoline of identical brand,
grade and quality in favor of the commercial consumer and against
the retail dealer or service station operator located in the same trading
1940] ACTS:OF ASSEMBLY 939

area which directly or indirectly affects the price to the consuming
public.

And if, as a result of such investigation, the Attorney General, in
his judgment, believes that said anti-trust law is being violated, he
shall, if necessary, institute court proceedings to cause compliance
with said law.

SENATE JOINT RESOLUTION NO. 17.
An Invitation to Senator Wickham to Address the Legislature.
Agreed to February 9, 1940.

Whereas, Senator Henry T. Wickham is the most beloved and dis
tinguished member of the General Assembly of Virginia, and is one
of the first citizens of Virginia, whose life stretches from this generatior
to the period before the great war between the States, and whose
industry, ability and devotion have contributed so greatly to the
progress of our beloved State, and whose life typifies the finest tradi.
tions of our State and the South,

Now, Therefore,

Be It Resolved by the Senate of Virginia, the House of Delegate:
concurring, that our colleague, Senator Henry T. Wickham, be re
quested to address the Senate and House of Delegates in joint assembly
during this session, and that the Chairman of the Democratic Caucu:
of the Senate and the Speaker of the House do appoint a joint com
mittee of two members from the Senate and three from the Hous
to make proper arrangements for the occasion.

SENATE JOINT RESOLUTION NO. 5.
Expressing sense of General Assembly against diversion of highway funds.

Agreed to by the Senate, February 8, 1940.
Agreed to by the House, February 13, 1940.

Be it resolved by the Senate, the House of Delegates concurring
That it is the sense of the General Assembly of Virginia that al
revenue of the State derived from excise taxes imposed upon moto
fuels and from motor vehicle registration fees and licenses shall, afte
providing for refunds and adjustments allowed therein by law, ex
penses of administration, collection and inspection, including th
analysis and inspection of motor fuels and devices for dispensing th
same, and after providing for the retirement of obligations which hav
heretofore been assumed by the State and payment thereof pledgec
out of the proceeds from such taxes, fees and licenses, be used solel:
and exclusively for the construction, reconstruction, maintenance ani
repair of public highways and bridges within the State and for th
necessary State policing thereof.
Opposing Federal legislation providing for inspection of coal mines.

Agreed to February 14, 1940.

Whereas, certain bills are now pending before the Congress of the
United States providing for Federal inspection and investigation of
coal mines the products of which enter commerce or substantially
affect commerce; and

Whereas, the function of coal mine inspection is one that has
always been performed by the coal producing states, which states
have adequate laws providing for the inspection of mines and the pro-
motion of safety therein; and

Whereas, Federal legislation covering the same fields would result
in duplication of service, confusion of authority and responsibility,
and would entail additional cost which would ultimately fall upon the
producers of coal; and

Whereas, the General Assembly of Virginia desires to express its
vigorous opposition to the proposed Federal legislation; Now, There-
fore,

Be it resolved by the Senate of Virginia, the House of Delegates
concurring, that the General Assembly of Virginia earnestly requests
the United States Senators from Virginia and the Virginia members
of the House of Representatives to oppose any Federal legislation
providing for inspection of coal mines, and particularly the passage
of Senate Bill twenty-four hundred and twenty and House of Repre-
sentatives Bill sixty-three hundred and fifty-two now pending before
the Congress of the United States; and

Be it further resolved, That a copy of this resolution be sent to
each Senator and member of the House of Representatives from
Virginia.

HOUSE JOINT RESOLUTION NO. 30.
Agreed to February 19, 1940.

Resolved by the House of Delegates, the Senate concurring, That
the thanks of the General Assembly be and the same are hereby
extended to the President and Trustees of Colonial Williamsburg, In-
corporated, for the use of the restored Capitol at Williamsburg, for its
session held last Saturday, February 17, 1940, and for the splendid
and bountiful luncheon at the Williamsburg Inn, which was so greatly
enjoyed by its members and officers and their wives on the same day;
and that a copy of this resolution be sent by the Clerk of the House
of Delegates to the President and Trustees of Colonial Williamsburg,
Incorporated,
\ pproving the establishment by the United States of the “Cumberland Gap National
Historical Park’.
Agreed to February 20, 1940.

Whereas, there is now pending in the Congress of the United
States bills entitled Senate Bill 1518 and House of Representatives
7152, providing for the establishment within Bell and Harlan counties
in Kentucky, Claiborne County in Tennessee, and Lee County in
Virginia, under the administration of the National Park Service and
for the benefit and enjoyment of all our people, of a great public park
to be known as the ‘‘Cumberland Gap National Historical Park’’; and

Whereas, the proposed park contains within its boundaries Cum-
berland Gap, one of the most famous mountain passes in America,
used centuries ago by the Indians as a passageway from the Great
Lakes Area to the Southland and known as the old Warriors Path,
travelled by Daniel Boone and other pioneers in the early exploration
and settlement of that great area out of which was later carved the
States of Kentucky, Ohio, Indiana and Illinois, which pass became a
great national gateway through which flowed the travel and transpor-
tation of a rapidly developing nation; and

Whereas, in the War Between the States Cumberland Gap and the
mountains with which it is surrounded formed a strategic location
for fortifications, being held in turn by Federal troops and by the
soldiers of the Confederacy, and thus attained historical significance
for all people in our reunited country; and

Whereas, the area of the proposed park is not only accessible tc
the great centers of population of the United States, but has an
abundance of natural forest lands that can be now acquired, thus
being peculiarly fitted by location and by natural resources for de-
velopment as a great public park and recreational center; now there.
fore,

Be it resolved by the Senate of Virginia, the House of Delegates
concurring, That the General Assembly of Virginia approves anc
endorses the plan under which the United States proposes to es
tablish in Tennessee, Kentucky and Virginia, and to develop unde:
the direction of the Department of the Interior and the National Park
Service, a great public park to be known as the “Cumberland Garg
National Historical Park’, and requests the Senators from Virginic
and the Virginia members of the House of Representatives to us¢
their best efforts to obtain the early passage by the Congress of th
proposed legislation establishing such Park; and

Be it further Resolved, That the clerk of the Senate be directed tc
send a copy of this resolution to each member of the Virginia delega
tion in the Congress of the United States.
Designating April 26 of each year as ‘‘Cape Henry Day”. *-
Agreed to February 21, 1940.

Whereas, on the twenty-sixth day of April, sixteen hundred ar
seven, the English colonists who were later to establish the first pe
manent English settlement in America, after many weary weeks upc
the seas, first set foot upon the shores of the New World at Car
Henry, Virginia; and,

Whereas, it is fitting that the first landing of these English colo
ists should be properly commemorated; Now, Therefore, ~

Be it Resolved by the Senate of Virginia, the House of Delegate
concurring, That April twenty-sixth of each year is hereby designate
and shall henceforth be known as ‘Cape Henry Day’’, in commemor
tion of the said first landing of the English colonists in Virginia o
that date.

HOUSE JOINT RESOLUTION NO. 10.
To designate an official song for the State of Virginia.

Agreed to by House, February 21, 1940.
Agreed to by Senate, February 22, 1940.

Whereas, Virginia has adopted the American Dogwood as its flore
emblem, but has no State song which it can claim as officially its own
and

Whereas, the adoption and use of an official song would develo
and foster among our citizens and particularly among the children c
our schools a feeling of pride in and affection for our Commonwealtt
Now, Therefore,

Be it Resolved by the House of Delegates of Virginia, the Senat
concurring, That James A. Bland’s beloved song “Carry Me Back t
Jid Virginia” be, and it is hereby designated as the official song o
the Commonwealth of Virginia, the words of which are as follows:

CARRY ME BACK TO OLD VIRGINIA

Carry me back to old Virginia,

There’s where the cotton and the corn and ’tatoes grow,
There’s where the birds warble sweet in the springtime,
There’s where the old darkey’s heart am long’d to go.
There’s where I labor’d so hard for old Massa,

Day after day in the field of yellow corn,

No place on earth do I love more sincerely,

Than old Virginia, the State where I was born.
940] ACTS OF ASSEMBLY

CHORUS

Carry me back to old Virginia,

There’s where the cotton and the corn and ’tatoes grov
There’s where the birds warble sweet in the springtime
There’s where’ this old darkey’s heart am long’d to go.
Carry me back to old Virginia,

There let me live ’till I wither and decay,

Long by the old Dismal Swamp have I wander’d,
There’s where this old darkey’s life will pass away.
Massa and Missis have long gone before me,

Soon will we meet on that bright and golden shore,
There we'll be happy and free from all sorrow,

There’s where we'll meet and we'll never part no more

HOUSE JOINT RESOLUTION NO. 32.
-xpenses of Williamsburg Session, February 17, 1940.

Agreed to by House, February 21, 1940.
Agreed to by Senate, February 22, 1940.

Resolved by the House of Delegates, the Senate concurril
he sum of $410.00 is hereby appropriated to defray the exy
he General Assembly to, at and from Williamsburg on Febr
940, payable out of the contingent fund of the General A
chargeable one-half to the Senate and one-half to the House
rates; and the Comptroller is authorized to draw warrant:
state Treasury to pay for the same, as approved by the ¢
the Senate and the House of Delegates.

HOUSE JOINT RESOLUTION NO. 34.
Jn the death of Hon. Joseph H. Chitwood.
Agreed to February 22, 1940.

Whereas, the members of the General Assembly of Virgini
with regret of the death, on February twenty-first, nineteen
and forty, of the Honorable Joseph H. Chitwood, of Roanok

Whereas, in Mr. Chitwood the State of Virginia has lo
tinguished and valuable public servant whose long career, as
of the House of Delegates of Virginia, as United States
Attorney during the presidency of Woodrow Wilson and Fre
Roosevelt, as a member of the commission to revise the St
stitution in nineteen hundred and twenty-six, and in other c
has made such worthy contribution to the administration |
affairs in Virginia during his life; Now, Therefore,
Be it resolved by the House of Delegates, the Senate concurring
That we express our deep sorrow at the death of Mr. Chitwood an
extend to his widow and son, and to the other members of his family
our sincere sympathy in their hour of bereavement: and

Be it further resolved, that the Clerk of the House of Delegates i:
hereby directed to transmit a copy of this resolution to the member.
of Mr. Chitwood’s family.

HOUSE JOINT RESOLUTION NO. 37.

Authorizing the portraits of Edward W. Saunders and Richard E. Byrd to be placec
in the State Capitol.

Agreed to February 26, 1940.

Resolved by the House of Delegates of Virginia, The Senate con.
curring, That if and when portraits of Edward W. Saunders and
Richard E. Byrd, former speakers of the House of Delegates, shall
be furnished for the purpose without cost to the Commonwealth, such
portraits may be placed in some appropriate location in the State
Capitol, other than in the old Hall of the House of Delegates, to be
selected by the Speaker of the present House of Delegates subject
to the approval of the Art Commission and of the Governor.

HOUSE JOINT RESOLUTION NO. 33.
Designating the 4th day of June of each year as Jack Jouett Day.

Agreed to by the House, February 27, 1940.
Agreed to by the Senate, February 28, 1940.

Whereas, during the perilous days of the American Revolution,
when the hearts and souls of liberty loving men and women through-
out the length and breadth of the thirteen Colonies were sorely tried,
there were no more loyal nor fearless exponents of the rights of the
Colonies than those Virginians, who flourished on their big plantations
under the British Monarchy, yet were willing to sacrifice their all,
even their lives, on the alter of freedom; and

Whereas, the British Commander, Lord Cornwallis, sent Colonel
Banastre Tarleton to capture the Virginia Legislature at Charlottes-
ville, including Thomas Jefferson, Patrick Henry, Richard Henry Lee,
l'homas Nelson, the elder John Tyler, and Benjamin Harrison, which
‘apture would have been a death blow to the cause of independence:
ind

Whereas, anything that would have deprived the nation of the
ervices of that great Virginian patriot, Thomas Jefferson, might have,
ind possibly would have prevented our great nation being founded
upon the principals of justice, freedom and equality for all alike; and

Whereas, but for the services of a true-born Virginian, Jack Jouett,
the nefarious plans of the British would have carried, and the fate of
the struggling colonies placed in jeopardy; and

Whereas, the bravery, and ability of Jack Jouett has never received
the proper recognition at the hands of either his native State or of
the United States, although his feat, that of riding forty miles through
the night, across open field and through woods, with only moonlight
to help him avoid the dangers and pitfalls of his passage, is unequalled
in the annals of American history; and

Whereas, Jack Jouett’s ride saved the Legislature and the dis-
tinguished patriots, and completely eclipsed every other similar event
of the history of the War of the Revolution, Now, Therefore,

Be it resolved by the House of Delegates of Virginia, the Senate
concurring, That the fourth day of June of each year shall be desig-
nated and known as ‘Jack Jouett Day’’, in honor of a brave and
loyal Virginian whose signal exploit will be remembered as long as
men shall love true courage and noble and unselfish action; and,

Be it further resolved, that we call upon all citizens of the Com-
monwealth, and particularly all civic, veteran and patriotic societies
in our State, to appropriately observe each year the anniversary of
the hazardous ride of Jack Jouett of Louisa.

SENATE JOINT RESOLUTION NO. 30.
For the erection of a tablet in the Capitol to the memory of Thomas S. Bocock.

Agreed to by the House, February 28, 1940.
Agreed to by the Senate, February 29, 1940.

Whereas the name of Thomas S. Bocock, for six terms a member
of the House of Delegates of this Commonwealth, for seven terms a
member of the Congress of the United States and, from eighteen
hundred and sixty-two to eighteen hundred and sixty-five, the first
and only Speaker of the House of Representatives of the Congress of
the Confederate States of America, occupies a conspicuous place
among those of the great sons of the Commonwealth of Virginia, and
his memory a distinguished and affectionate spot in the hearts of its
people; and

Whereas, as an abiding tribute to his eloquence, his patriotism, his
untiring devotion to the cause of liberty and justice and to his Christian
and statesmanlike character, it is deemed fitting and proper that an
appropriate tablet be erected or placed in the Capitol to the memory
of this noble son of Virginia, Now, Therefore,

Be it resolved by the Senate, the House of Delegates concurring,
That the Speaker of the House of Delegates be, and he is hereby,
authorized and directed to appoint a committee of three members
whose duty and authority it shall be, in case an appropriate tablet

commemorating the life and service of the said Thomas S. Bocock
should be tendered by any person, association or society, to cause or
permit, with the approval of the Art Commission, such tablet to be
erected in the Capitol.

HOUSE JOINT RESOLUTION NO. 36.

Requesting the State Board of Education to provide, in so far as possible and prac-
ticable, first aid training in the public schools.

Agreed to March 1, 1940.

Whereas, there has been in Virginia over a period of years a great
number of accidents, both on the highways of the State and in homes
and elsewhere, which have resulted in death, injury, suffering and
loss to the citizens of Virginia; and

Whereas, it is advisable in view of the imminent possibility of the
occurrence of such accidents that knowledge of, and training in, first
aid to the injured, should be as wide-spread as is feasible among the
citizens in Virginia in order that they may be prepared for such
emergencies as they arise; and

Whereas, the most practical way of disseminating such knowledge
and providing such training is to make the same available to the
young people of Virginia through the schools in Virginia; Now,
Therefore,

1. Be it resolved by the House of Delegates, the Senate con-
curring, That it is the sense of the General Assembly that the State
Board of Education should make a thorough study of the matter and
if they consider it desirable and practical provide, for pupils in the
public schools, training in first aid to the injured.

HOUSE JOINT RESOLUTION NO. 47.
Committee Room for the House.

Agreed to March 2, 1940.

Resolved by the House of Delegates, the Senate concurring, That
the Clerk of the House of Delegates is hereby authorized and directed,
with the approval of the presiding officers of the House of Delegates
and the Senate and the Governor, to employ a reputable architect
and make such structural and incidental changes as may be necessary
to remove the partition between rooms numbered 30 and 31, on the
ground floor of the Capitol, and to make improvements in the en-
larged space, for the purpose of providing another large committee
room for the use of the House of Delegates, before the next session of
the General Assembly. ,
1940] ACTS OF ASSEMBLY | 947

Resolved further, That a sum sufficient is hereby directed to be
paid from the contingent fund of the House of Delegates, for such
structural and incidental changes as may be necessary, upon vouchers
signed by the Clerk of the House of Delegates, approved by the
Speaker of the House of Delegates and the Governor.

SENATE JOINT RESOLUTION NO. 33.

Water power regulation, intervening in Supreme Court case of United States against
Appalachian Electric Power Company.

Agreed to March 5, 1940.

Whereas, the Federal Power Commission, a regulatory agency of
the United States, has asserted in the Federal Courts, in a suit in.
stituted by the United States against the Appalachian Electric Power
Company, that it is possessed of plenary jurisdiction and powers tc
regulate the construction and operation of, and ultimately to re
capture the ownership of, an electric water power plant of said Com.
pany on New River, near Radford, Virginia; and,

Whereas, said plant was constructed pursuant to authority con.
ferred on said Company by a license issued to it by the Virginia State
Corporation Commission in conformity with Virginia statutes relating
to and regulating the construction and operation of such powe!
plants; and,

Whereas, the conditions sought to be imposed by the Federa
Power Commission on Virginia’s said licensee are so burdensome that
if generally applied to Virginia waters, they will completely annu
the legislative policy of this Commonwealth to encourage the de
velopment of her water powers; and,

Whereas, the United States District Court for the Western Distric
of Virginia and the United States Circuit Court of Appeals for thi
Fourth Circuit (by a two to one decision) have both sustained th
jurisdiction and power of Virginia to regulate said plant on Nev
River, but the United States has decided to carry said case to the
United States Supreme Court;

Now, therefore, Be it resolved by the Senate of Virginia (thi
House of Delegates concurring) as follows:

1. That the Commonwealth of Virginia considers the develop
ment of her water powers a matter of State concern only and on
within her exclusive jurisdiction to regulate.

2. That the regulation by Virginia of her water powers, fre
from burdensome restrictions having no substantial relation to navi
gation in interstate commerce, is of vital importance to the interest
of the Commonwealth.

3. That the General Assembly of Virginia is of the opinion tha
the jurisdiction to exercise the said powers asserted by the Unites
States over Virginia’s streams was not conferred on the Unite
States by the United States Constitution and can be conferred only
by an act of the General Assembly of Virginia ceding such jurisdiction
to the United States.

4. That the Commonwealth of Virginia has not only not ceded
such jurisdiction or consented to the exercise by the United States ot
such jurisdiction, but has protested against same before the Federal
Power Commission from the beginning, and also in the courts at all
times, and does now still further protest against same.

5S. That the development of Virginia’s water powers is not a
matter of national concern, but a problem of the State which this
Commonwealth is fully competent and able to administer and regu-
late and is properly administering and regulating through her State
Corporation Commission, and no facts exist which provide any basis,
reason or necessity for Federal intervention in relation to same, ex-
cept to the extent such development may affect interstate navigation.

6. That the Attorney General of Virginia, Honorable Abram P.
Staples, be, and he hereby is, requested to file a petition for leave to
intervene in said suit in the Supreme Court of the United States as
a party defendant, and, if such leave be not granted, then to take all
possible action in said suit, as amicus curiae, to sustain the exclusive
jurisdiction of the Commonwealth of Virginia over her streams in all
matters not substantially related to navigation in interstate com-
merce.

HOUSE JOINT RESOLUTION NO. 38.

To authorize and direct the Governor and the Director of the Division of the Budget
to include certain personnel data in the biennial State Budget.

Agreed to by the House, February 26, 1940.
Agreed to by the Senate, March 5, 1940.

Whereas, the Budget Bill submitted by the Governor for the bien-
nium of 1940-1942 has been simplified and more conveniently ar-
ranged for consideration by the General Assembly; and,

Whereas, the public interest requires that complete and detailed
information as to rates of pay of State employees be available to the
General Assembly in the consideration of the biennial Budget and
Budget bill,

Therefore, Be it resolved by the House of Delegates, the Senate
concurring, that the Governor and the Director of the Division of the
Budget be, and they hereby are, requested to include in the biennial
State Budgets hereafter submitted to the General Assembly, under
the departmental and functional classifications used for the prepara-
tion of the Budget requests and recommendations, the following data
for each position in the State service:

1. Title of position. .
2. Name of official or employee occupying such position at the time
the Budget is prepared.
3. Annual rate of pay for such position at the time the Budget is

prepared.

t. Annual rate of pay authorized for the preceding appropriation
year and the current appropriation year.

;. Amount paid for such position during the preceding appropriation
year.

5. Annual rate of pay requested for each year in the ensuing biennial
period, and the increase or decrease over the current appropria-
tion year.

7, Annual rate of pay recommended by the Governor for each year
of the ensuing biennial period. |

It is provided, however, that this resolution shall not be construed
1s applying to positions in departments where the annual rate of pay
's less than nine hundred dollars nor to positions at State institutions
where the annual rate of pay is less than twelve hundred dollars, nor
to positions in the State Highway Department where the pay of em-
ployees is charged directly to the projects on which they are employed,
nor to positions filled by employees who are placed on the payroll in
a temporary capacity for a period of not more than six months.

SENATE JOINT RESOLUTION NO. 18.
Advisory Legislative Council to study and report on annexation laws.

Agreed to by the Senate, February 28, 1940.
Agreed to by the House, March 5, 1940.

Whereas, the Commission on County Government recommended
in its report dated January, 1940, that the Governor or General Assem-
bly refer the problem of annexation to the Legislative Advisory Com-
mission for study, and for recommendations on the needs for the re-
vision of the present annexation laws and the enactment of legislation
making adequate provision for the establishment of metropolitan areas
in Virginia; therefore, be it

Resolved by the Senate, the House of Delegates concurring, that
the Legislative Advisory Council be, and it is, hereby authorized and
directed to make a study of the annexation laws of Virginia, and the
propriety of creating metropolitan areas; that it make its report tc
the Governor and the General Assembly ninety days before the next
regular session of the General Assembly, and that said report be ac.
companied by bills to carry its recommendations into effect.
HOUSE JOINT RESOLUTION NO. 31. Y

Creating Commission to Study Reorganization of Certain State Departments and
Agencies.

Agreed to by the House, March 2, 1940.
Agreed to by the Senate, March:5, 1940.

Whereas, the Governor of Virginia, in his message delivered to the
General Assembly on Wednesday, January thirty-first, nineteen
hundred and forty, made recommendations for the extensive re-
organization, consolidation and integration of certain departments
and agencies of the State government; and

Whereas, the proposals of the Governor deal with matters of such
importance, and are so far-reaching in their effect upon the future
welfare of the State and the efficient performance of vital services by
such departments and agencies to the people of Virginia, that they
merit a more careful and deliberate study than can be given them
during the current session of the General Assembly; Now, Therefore,

Be it resolved by the House of Delegates, the Senate concurring,
That there be, and there is hereby, created, a commission to study
the reorganization proposals of the Governor. The commission shall
consist of nine members, two of whom shall be appointed by the
President of the Senate from the membership of the Senate, four of
whom shall be appointed by the Speaker of the House of Delegates
from the membership of the House of Delegates, and three appointed
by the Governor. It shall be the duty of the commission to consider
carefully and fully the said reorganization proposals of the Governor,
together with any other matters relating to the reorganization of the
State government as shall seem to it desirable, and it shall make a
report of its findings and recommendations to the Governor and to
each member of the General Assembly by September 1, 1941.

The members of the commission shall serve without compensation,
but shall be paid the necessary expenses incurred by them in attend-
ance upon meetings of the commission and in the performance of
their duties as such members. Such expenses, and the expenses of
the commission in the preparation, printing and distribution of its
report, shall be paid out of the contingent fund of the General Assem-
bly, one-half by the House of Delegates and one-half by the Senate,
upon warrants of the Comptroller issued upon vouchers signed by
the chairman of the commission or such other person or persons as
he may designate for such purpose. The total of all such expenses
shall not, however, exceed the sum of two thousand dollars.

1940 | ACTS OF ASSEMBLY 9951

HOUSE JOINT RESOLUTION NO. 45,

Authorizing the Commission of Fisheries, in conjunction with the College of William
and Mary, to make a study of the depletion of oysters in the Rappahannock
River.

Agreed to by the Senate, March 6, 1940.

Agreed to by the House, March 7, 1940.

Whereas, since its colonization more than three hundred years ago
the State of Virginia and its citizens have been fortunate in having
among its natural resources the seafood industry, which has con-
tributed millions of dollars to the wealth of the residents of the State;
and

Whereas, the Rappahannock River was for many years one of the
most productive bodies of water contributing to this wealth, and has
produced excellent oysters in large quantities; and

Whereas, this river has not had a good strike of oyster spawn for
at least ten years, and thus a state of depletion is being created, which
‘f allowed to continue will destroy the means of livelihood of thousands
of citizens of the Commonwealth who derive their support from the
oyster business conducted in its waters; and

Whereas, the General Assembly will appropriate for the next bien-
nium considerable sums to the Marine Laboratories at Yorktown and
to the College of William and Mary for certain studies on marine life,
and it is believed that a scientific investigation and study of a similar
character may be helpful in solving the problem of oyster depletion
in the Rappahannock River; Now, Therefore,

Be it resolved by the House of Delegates of Virginia, the Senate
concurring, that the Commission of Fisheries, in conjunction with the
College of William and Mary, be and it is hereby directed to make a
careful investigation and study of conditions in the Rappahannock
River for the purpose of determining if possible why there has been
no recent strike of oysters in the said river, and of removing the cause
of this condition if it is possible so to do; and

Be it further resolved, that the Commission of Fisheries obtain the
services of some competent authority for the work; and

Be it further resolved, that the expenses of this investigation and
study in an amount not to exceed three thousand dollars be paid by
the Commission of Fisheries out of the funds appropriated to it for the
repletion of oyster beds and/or the operation of a laboratory at
Yorktown; and , ,

Be it further resolved, that upon its completion of the study and
investigation herein authorized, the Commission of Fisheries shall file
with the Clerk of the House of Delegates of Virginia, a report of its
findings, together with its suggestions and recommendations for the
repletion of such oyster beds in the Rappahannock River.
Directing Study of Child Welfare by Virginia Advisory Legislative Council.

Agreed to by the Senate, February 14, 1940.
Agreed to by the House, March 8, 1940.

Be it resolved by the Senate, the House of Delegates concurring
as follows:

Section 1. The Virginia Advisory Legislative Council is hereby
authorized and directed to make a thorough investigation and study
of the problems now existing in Virginia relating to children and child
welfare, including custody, placement, and foster home care of, and
other matters affecting, delinquent, dependent, defective and neg-
lected children, the adequacy of the present facilities for providing
such services, and the possibility and best methods for improving
the State’s program for the care of such children.

Section 2. The Council shall in its study consider the present
laws of Virginia relating. to children and child welfare, and shall sug-
gest such clarification, amendment, revision or codification thereof
as shall in its judgment appear desirable. It shall also survey the
laws and practices of other States and such other material as it may
deem requisite in order to enable it to formulate sound and adequate
proposals for the betterment of the statutes and program of Virginia
relating to the above matters.

Section 3. The Council shall submit to the Governor, at least
thirty days prior to the next regular session of the General Assembly
a report containing its findings and recommendations, together with
any suggested legislation necessary to carry such recommendations
into effect.

HOUSE JOINT RESOLUTION NO. 42.
Request for Budget to show certain information.

Agreed to by the House, February 27, 1940.
Agreed to by the Senate, March 8, 1940.

Resolved by the House of Delegates, the Senate concurring, That
the Governor and the Director of the Division of the Budget are re-
quested to include hereafter in each biennium State Budget a state-
ment showing, for each year of the biennium, the number of the
officers and employees who are listed by name and title of position
in the Budget for whom increases in rate of pay compared with the
last preceding Budget have been made with the approval of the
Governor and for whom increases in rate of pay compared with the
pay received during the current biennium are recommended in the
Budget being presented, and the total amount of such increases during
the current biennium and the increases recommended by the current
Budget, for each department, institution and other State agency, and
the corresponding totals for all departments, institutions and other
State agencies combined.
1940 | ACTS OF ASSEMBLY Idd

HOUSE JOINT RESOLUTION NO. 55.
Providing for Virginia (Merrimac)-Monitor Memorial Commission.

Agreed to March 8, 1940.

Whereas, the Congress of the United States has adopted a resolu-
tion providing for the appointment of a commission to be known as
the Virginia (Merrimac)-Monitor Commission to consider and report
as to the desirability of creating in Hampton Roads, Virginia, or on
or near the shores thereof, a suitable memorial in commemoration of
the battles in Hampton Roads, Virginia, (1) on March eighth, eighteen
hundred and sixty-two, participated in by the former United States
frigate Merrimac rechristened the Confederate States Ironclad Vir-
ginia, and the Cumberland, Congress, Minnesota, Roanoke, and Saint
Lawrence; and (2) on March ninth, eighteen hundred and sixty-two,
the first battle in the history of the world between ironclads, that is,
the Confederate ironclad Virginia (Merrimac) and the United States
ironclad Monitor; and

Whereas, such resolution provides that the commission so ap-
pointed shall confer with such commissions which may have been
appointed by other States and municipalities in the coordination and
correlation of plans prepared for such memorial, and it is desirable
that the State of Virginia shall have an active part in the creation of
such memorial; Now, Therefore,

Be it Resolved by the House of Delegates of Virginia, the Senate
concurring, that there shall be appointed a commission to be known
as the Virginia (Merrimac)-Monitor Memorial Commission, composed
of five members, two to be appointed by the President of the Senate
from the members of the Senate, and three to be appointed by the
Speaker of the House of Delegates from the members of the House
of Delegates, which said members shall serve without compensation
and shall select one of their number as Chairman; and

Be it Further Resolved that the said commission shall co-operate
with the commission appointed by the Congress of the United States
in formulating plans for and in the erection of a suitable memorial
at or near Hampton Roads, Virginia, to commemorate the two great
naval engagements which were fought in the waters of our Common-
wealth.

HOUSE JOINT RESOLUTION NO. 39.
To provide a commission on the subject of oil and natural gas.

Agreed to by the House, February 26, 1940.
Agreed to by the Senate, March 9, 1940.

1. Resolved by the House of Delegates, the Senate concurring,
That there be, and hereby is, created a commission to be composed
of three members, one to be appointed by the President of the Senate
from the members of the Senate, and two by the Speaker of the
House, from the members of the House. It shall be the duty of saic
commission to make inquiry into and investigation of the method oO:
operation employed by persons, firms and corporations engaged ir
drilling for oil or natural gas in this State, and especially, the questior
as to whether or not they are dealing fairly with their lessees, anc
whether or not they are drilling wells and taking oil or gas therefrom
in such close proximity to lands which they do not have under lease
as. to deplete such adjoining lands, and any other matters deemed
pertinent by the commission.

. 2. The said commission shall make report of their findings,
together with such recommendations as they may deem proper tc
make, to the Governor at least sixty days before the convening of
the next regular session of :the General Assembly.

3. The members of said commission shall receive no compensation
for their services, but shall be paid their actual expenses incurred in
the performance of their duties hereunder, for the payment of which,
and for such clerical or other assistance as they may deem necessary
or proper, there is hereby appropriated a sum sufficient, not to exceed
three hundred dollars, from the contingent fund of the General
Assembly.

HOUSE JOINT RESOLUTION NO. 50.

Creating a commission to make a study of the taxes (exclusive of motor fuel taxes)
imposed upon commercial motor vehicles.

Agreed to as amended March 9, 1940.

_ Resolved by the House of Delegates, the Senate concurring, that
there be and is hereby, created a commission of four members, one
to be appointed by the President of the Senate from the members of
the Senate, two by the Speaker of the House of Delegates, from the
members of the House and one by the Governor: such member ap-
pointed by the Governor shall be a bona fide representative of com-
mercial motor vehicle owners, which commission with the.:State
Highway Commissioner, the State Tax Commissioner, and the
Director of the Division of Motor Vehicles, shall make a careful and
thorough study of the taxes (exclusive of motor fuel taxes) imposed
ipon_ commercial motor vehicles, operating upon the highways of
the Commonwealth of Virginia.

The commission hereby created may invite into council for sug-
gestions and cooperation any agencies of the State and Federal gov-
ernment, and any persons, firms or corporations it may deem neces-
sary to conduct such a study.

The commission hereby created shall make report of its findings
ind recommendations upon this subject and any other subject or
juestion pertinent thereto, upon which they may deem it proper to
eport, to the Governor at least ninety days before the convening of
he next regular session of the General Assembly.
1940] ACTS OF ASSEMBLY 955

The members of the commission shall receive no compensation for
their services, but shall be paid the actual expenses incurred by them
in the performance of their duties hereunder, provided, however, the
aggregate amount thereof shall not exceed the sum of one thousand
dollars, the same to be paid out of the contingent funds of the State
Highway Commission, by the State Treasurer upon warrants of the
Comptroller issued upon vouchers signed by the chairman of the
commission hereby created, and approved by the State Highway
Commissioner.

HOUSE JOINT RESOLUTION NO. 53.

To create a commission to study forest and forest land problems in Virginia, to define
its functions, powers and duties and to provide funds for certain expenses of
the members thereof. tg

Agreed to as amended March 9, 1940.

Resolved by the House of Delegates, the Senate concurring, That
there shall be appointed a commission to study forest and forest land
problems in Virginia. The commission shall consist of six members
of whom two shall be appointed by the Speaker of the House of Dele-
gates from the membership of the House, two by the President of the
Senate from the membership thereof, and two by the Governor. The
Speaker, the President of the Senate and the Governor shall consult
with each other with reference to the said appointments, and shall
make the same with due regard to the residences of the respective
appointees so that the several geographical divisions of the State will
be fairly represented. .

The members of the commission shall serve without compensation,
but shall be paid, out of the contingent fund of the General Assembly,
actual traveling and hotel expenses incurred by them in the per-
formance of their duties as such members; provided, however, that
the total aggregate expenses of the said members shall not exceed
the sum of five hundred dollars. The said expenses shall be paid on
warrants of the Comptroller issued upon vouchers signed by the
chairman of the Commission or by such other person or persons as
may be designated by the Commission for the purpose.

The Commission shall make a thorough study and investigation
of the present and prospective forest land situation in the State, its
condition, ownership, and management, and its effect upon such
problems as a balanced timber budget, watershed protection and
other social and economic benefits which may be derived from such
lands, with a view to ascertaining, among other things,

(a) The adequacy and effectiveness of present activities in pro-
tecting privately-owned forest lands from fire, insects, and diseases,

(b) Other State measures which may be necessary and advisable
to insure that timber cropping of loblolly pine and of other valuable
forest species on privately-owned forest lands may be conducted as
continuous operations, with the productivity of the land built up
against future requirements,

(c) The need for extension of State, county and community
ownership of forest lands in Virginia,

(d) The need for such public regulatory control, if any, as will
adequately protect private as well as broad public interests in all
forest lands, and

(e) To study the problems of natural reforestation in Virginia
and formulate a plan of natural reforestation.

The Commission shall complete its study and investigation and
submit the report of its findings and recommendations to the Governor
and the General Assembly at least ninety days before the next regular
session of the General Assembly.

HOUSE JOINT RESOLUTION NO. 58.
Compensation, additional for State employees.
Agreed to March 9, 1940.

Resolved by the House of Delegates, the Senate concurring, That
the following employees be granted additional compensation, payable
out of the contingent fund of the General Assembly, one-half by the
House of Delegates and one-half by the Senate, namely:

Charles F. Thompson.............000 0000000 cece ee eeee . . .$100.00
W. B. Hill, of the Division of Purchase and Printing......... 50.00
The assistant in the document room of the Division of Purchase

and Printing.......... 0.0.0.0. eee eee cee eee n eens 25.00
Charles R. Lewis, of the Division of Purchase and Printing.... 50.00
L. E. Tucker, of the Division of Purchase and Printing..... .. 50.00
Lucille Bowden, of the Division of Purchase and Printing.... 25.00
The three attorneys employed in the Division of Statutory

Research and Drafting, each..........0..0.0...00 0.0.0.0. 50.00
The secretary of the Director of the Division of Statutory

Research and Drafting.........0..0 0.000000... es 100.00
The four stenographers employed in the Division of Statutory

Research and Drafting, each..................0......0.2. — 25.00
The clerk-stenographer employed in the Division of Statutory

Research and Drafting.............0.00 00000000 cece ae 50.00
C. C. Hardy, elevator operator................... re 50.00
George Olliff, night elevator operator...................... - 25.00
The two janitors on the floor of the House and Senate, each.. 25.00
The two electric repair men, each.................0.0.0000- 25.00
The six policemen on active duty in the Capitol Square, each.. 25.00
The maintenance and air condition mechanic............. ;. $50.00
And that the other janitors of the House and Senate, payable

out of the respective contingent funds, be allowed each.... 25.00
The four engineers at the Capitol Power Plant, each......... 25.00

The three firemen at the Capitol Power Plant, each.......... 25.00
On the death of former Governor E. Lee Trinkle.

Agreed to March 9, 1940.

Whereas, E. Lee Trinkle, former Governor of the Commonwealth
of Virginia, entered into his long rest on the 25th day of November,
1939; and

Whereas, his distinguished career as student, lawyer, business man
and public servant endeared him to the hearts of the people of Vir-
ginia; and

Whereas, as a student at Hampden Sydney College, from which
he received his A. B. degree in 1896 as the first honor graduate of that
institution, as a student of law at the University of Virginia from
which he received his LL. B. in 1898, as a successful practitioner of
law in the city of Wytheville, his native home, as a member of the
Senate of Virginia from 1914 to 1921, as Governor of the Common-
wealth from 1922 to 1926, as Chairman of the State Board of Educa-
tion from 1930 until his untimely death, and as an active business
man and successful farmer, his sincerity of purpose, his nobility of
character, his loyalty to friends and to ideals, and his exceptional
faculties of alert mentality and vigorous physique characterized him
as a natural leader of men and established for him an eminence among
the illustrious sons of the Commonwealth; and

Whereas, as a token of appreciation of his noble life and distin-
guished public service, it is deemed fitting that the General Assembly
of Virginia take public recognition of his mourned departure; Now,
Therefore,

Be it resolved by the House of Delegates, the Senate concurring,
that the General Assembly express its deep sense of loss and its
sincere sorrow in the death of former Governor E. Lee Trinkle, and
that a copy of this resolution be forwarded by the Clerk of the House
of Delegates to the members of his family.

SENATE JOINT RESOLUTION NO. 21.
To request the use of live decoys in shooting wild water fowl in Virginia.

Agreed to March 9, 1940.

Be it resolved by the Senate, the House of Delegates concurring,
that the Biological Survey of the Department of the Interior, be,
and is hereby requested to allow five live duck decoys and two live
goose decoys to be used in shooting wild water fowl from blinds in
Virginia.
School Teachers’ Retirement.

Agreed to March 9, 1940.

Resolved by the House of Delegates of Virginia, the Senate con-
curring, That, owing to the clear and inescapable obligation of the
State to the thousands of teachers who have contributed one per
cent of their annual salaries as required by law during the past thirty
years towards a State fund which has been distributed to retired
public school teachers, and in the interest of greater efficiency in
teaching children attending the public schools of this State, and in
the interest of economy and efficiency in the appropriation of State
funds, the Governor be requested to provide in the next biennial
budget a sum of money sufficient to support an actuarily sound re-
tirement law for teachers employed in the public school system of
Virginia.

SENATE JOINT RESOLUTION NO. 15.

Creating a Commission to study and report upon facilities for a Field Artillery Range
for the Virginia National Guard, in Virginia, and to appropriate money to pay
the expenses of such Commission.

Agreed to March 9, 1940.

1. Resolved by the Senate, the House of Delegates concurring,
that there be, and hereby is, created a Commission of seven members,
one of whom shall be the Adjutant General of Virginia, two shall be
officers of the Virginia National Guard, to be designated by the
Governor, two to be appointed by the President of the Senate from
the members of the Senate, and two by the Speaker of the House
from the members of the House.

The Commission shall investigate and study facilities within the
Commonwealth of Virginia for the establishment of a Field Artillery
Range and appropriate installations for the training of Field Artillery
of the Virginia National Guard, and said Commission shall report
the results of its studies, including an estimate of costs, and make
such other recommendations as it deems proper to the next session
of the General Assembly of Virginia.

The Commission shall assemble upon call of the Governor, shall
select a chairman and secretary from the membership of the Commis-
sion, and may secure such clerical assistance as may be necessary to
carry out the purposes hereof.

The members of the Commission shall receive no compensation,
but shall be paid their actual expenses incurred in the performance
of their duties hereunder, for the payment of which, including clerical
assistance, there is hereby appropriated a sum sufficient, not to exceed
1940] ACTS OF ASSEMBLY 959

five hundred dollars, from the contingent fund of the General Assem-
bly, chargeable one-half to the Senate and one-half to the House of
Delegates, and to be paid upon vouchers issued by the Chairman of
the Commission hereby created.

SENATE JOINT RESOLUTION NO. 37.

To direct.the Virginia Advisory Legislative Council to make a study of the office
space requirements of the agencies of the State government in the city of Rich-
mond.

Agreed to March 9, 1940.

Whereas, notwithstanding the recent completion of the new office
building for the Department of Highways, the Commonwealth now
finds it necessary to rent, in office buildings located in the City of
Richmond and not owned by the Commonwealth, a total of ap-
proximately eighty thousand eight hundred and seventy-four square
feet of office floor space at a cost of approximately ninety-one thousand
and five hundred dollars per year; and

Whereas, the office space which will be vacated in the old State
Library Building when the new State Library Building is completed
and occupied will not be more than sufficient to accommodate the
requirements of those State agencies whose offices are located in the
State Office Building and which are in need of additional office space
because of the overcrowded condition of such offices; Now, There-
fore,

1. Be it resolved by the Senate, the House of Delegates concur-
ring, That the Virginia Advisory Legislative Council be, and it is
hereby, authorized and directed to make a thorough study and in-
vestigation with reference to the requirements of the various State
agencies which maintain their offices in the city of Richmond for
office space other than that in the several buildings owned by the
Commonwealth and located in the city of Richmond, for the purpose
of ascertaining the most convenient, feasible and economical solution
of the problem, which in its present status necessitates the annual
expenditure of approximately ninety-one thousand five hundred dol-
lars for office space in the city of Richmond other than that available
in buildings owned by the Commonwealth. The said Council shall
complete the said study and investigation and make a written report
of its findings and recommendations to the Governor and to the
members of the General Assembly at least sixty days before the com-
mencement of the next regular session of the General Assembly.