Chap. 124.—An ACT to provide for the submission of proposed amendments to Sec-
tions 73 and 134 of the Constitution of Virginia to the qualified voters for rati-
fication or rejection, and to prescribe when and how such referendum shall be
had, and the manner in which the results thereof shall be ascertained and certi-
fied, the returns canvassed, and the vote thereon proclaimed by the Governor.

[H 153]
Approved March 3, 1944

Be it enacted by the General Assembly of Virginia:

1. That it shall be the duty of the officers conducting the election
directed by law to be held on the Tuesday after the first Monday in
November, nineteen hundred forty-four, at the places appointed for hold-
ing the same, to open a poll and take the sense of the qualified voters
upon the ratification or rejection of the proposed amendments to the Con-
stitution of Virginia, contained in the joint resolutions proposing the
said amendments to the Constitution of Virginia, and directing a sub-
mission of said proposed amendments to the people for their approval
and ratification, to-wit:

Strike from the Constitution of Virginia section seventy-three, which
is as follows:

Section 73. Duties and Powers of Governor.—The Governor shall
take care that the laws be faithfully executed ; communicate to the Gen-
eral Assembly, at every session, the condition of the State; recommend
to its consideration such measures as he may deem expedient, and con-
vene the General Assembly on application of two-thirds of the members
of both houses thereof, or when, in his opinion, the interest of the State
may require. He shall be commander-in-chief of the land and _ naval
forces of the State; have power to embody the militia to repel invasion.
suppress insurrection and enforce the execution of the laws; conduct.
cH. 124] ACTS OF ASSEMBLY 153

either in person or in such manner as shall be prescribed by law, all
intercourse with other and foreign States; and, during the recess of the
General Assembly, shall have power to suspend from office for misbe-
havior, incapacity, neglect of official duty, or acts performed without due
authority of law, all executive officers at the seat of government, except
the Lieutenant Governor ; but, in any case in which this power is so exer-
cised, the Governor shall report to the General Assembly, at the begin-
ning of the next session thereof, the fact of such suspension and the cause
therefor, whereupon the General Assembly shall determine whether such
officer shall be restored or finally removed.

The Governor shall have power, during the recess of the General
Assembly, to appoint, pro tempore, successors to all officers so suspended,
and to fill, pro tempore, vacancies in all offices of the State for the filling
of which the Constitution and laws make no other provision. Such ap-
pointments to vacancies shall be by commissions to expire at the end of
thirty days after the commencement of the next session of the General
Assembly.

He shall have power to remit fines and penalties under such rules
and regulations as may be prescribed by law; and, except when the prose-
cution has been carried on by the House of Delegates, to grant reprieves
and pardons after conviction; to remove political disabilities consequent
upon conviction for offenses committed prior or subsequent to the adop-
tion of this Constitution, and to commute capital punishment.

He shall communicate to the General Assembly, at each session, par-
ticulars of every case of fine or penalty remitted, of reprieve or pardon
granted, and of punishment commuted, with his reasons for remitting,
granting or commuting the same.

The General Assembly may, however, provide for a pardoning board,
not exceeding three in number, to be appointed by the Governor, and to
serve during his pleasure. Such board may be vested with exclusive par-
doning power over sentences in cases not felonious.

And insert in lieu thereof the following:

Section 73. Duties and powers of Governor.—The Governor shall
take care that the laws be faithfully executed ; communicate to the Gen-
eral Assembly, at every session, the condition of the State; recommend
to its consideration such measures as he may deem expedient, and con-
vene the General Assembly on application of two-thirds of the members
of both houses thereof, or when, in his opinion, the interest of the State
may require. He shall be commander-in-chief of the land and naval
forces of the State; have power to embody the militia to repel invasion,
suppress insurrection and enforce the execution of the laws; conduct,
either in person or in such manner as shall be prescribed by law, all inter-
course with other and foreign States; and, during the recess of the Gen-
eral Assembly, shall have power to suspend from office for misbehavior,
incapacity, neglect of official duty, or acts performed without due author-
ity of law, all executive officers at the seat of government, except the
Lieutenant Governor; but, in any case in which this power is so exer-
cised, the Governor shall report to the General Assembly, at the begin-
ning of the next session thereof, the fact of such suspension and the cause
therefor, whereupon the General Assembly shall determine whether such
officer shall be restored or finally removed.

The Governor shall have power, during the recess of the General As-
sembly, to appoint, pro tempore, successors to all officers so suspended,
and to fill, pro tempore, vacancies in all offices of the State for the filling
of which the Constitution and laws make no other provision. Such ap-
pointments to vacancies shall be by commissions to expire at the end of
thirty days after the commencement of the next session of the General
Assembly.

He shall have power to remit fines and penalties under such rules and
regulations as may be prescribed by law; and, except when the prosecu-
tion has been carried on by the House of Delegates, to grant reprieves
and pardons after conviction; to remove political disabilities consequent
upon conviction for offenses committed prior or subsequent to the adop-
tion of this Constitution, and to commute capital punishment.

He shall communicate to the General Assembly, at each session, par-
ticulars of every case of fine or penalty remitted, of reprieve or pardon
granted, and of punishment commuted, with his reasons for remitting,
granting or commuting the same.

The General Assembly may, however, provide for a board, not ex-
ceeding three in number, to be appointed by the Governor, and to serve
during his pleasure. Such board may be vested with any one or more
or all of the following powers, which when so conferred shall be exclu-
sive: (a) to commute capital punishment ; (b) to grant reprieves or par-
dons in misdemeanor cases; or (c) to grant reprieves or pardons in
felony cases.

Strike out from the Constitution of Virginia section one hundred and
thirty-four, which is in the following words:

Section 134. Literary Fund.—The General Assembly shall set apart
as a permanent and perpetual literary fund, the present literary fund of
the State; the proceeds of all public lands donated by Congress for pub-
lic free school purposes; of all escheated property; of all waste and un-
appropriated lands; of all property accruing to the State by forfeiture,
and all fines collected for offenses committed against the State, and such
other sums as the General Assembly may appropriate.

And insert in lieu thereof the following:

Section 134. Literary Fund.—The General Assembly shall set apart
as a permanent and perpetual literary fund. the present literary fund of
the State; the proceeds of all public lands donated by Congress for pub-
lic free school purposes; of all escheated property; of all waste and un-
appropriated lands; of all property accruing to the State by forfeiture,
and all fines collected for offenses committed against the State, and such
other sums as the General Assembly may appropriate; provided that
when and so long as the principal of the literary fund amounts to as much
as ten million dollars, the General Assembly may set aside all or any part
of moneys thereafter received into the principal of said fund for public
school purposes including teachers retirement fund to be held and ad-
ministered in such manner as may be provided by general law.
SCHEDULE

At such election a ballot shall be furnished each voter which shall
have printed thereon the following:

Question: Shall section seventy-three of the Constitution of Virginia
be amended so as to authorize the General Assembly to provide
for a board to be appointed by the Governor, and to vest in such
board the power to commute capital punishment, and to grant,
reprieves and pardons?

[] For
[|] Against

Question: Shall section one hundred thirty-four of the Constitution
of Virginia be amended so as to authorize the General Assembly
to set aside for public school purposes, including funds for the
retirement of teachers, all or any part of moneys received into
the principal of the literary fund when and so long as the prin-
cipal of such fund amounts to as much as ten million dollars?

[] For
[] Against

The ballot shall be prepared, distributed and voted, and the results
thereof ascertained and certified, in the manner prescribed by section one
hundred ninety-seven-a of the Code of Virginia. It shall be the duty of
the clerks and commissioners of election of each county and city, respec-
tively, to make out, certify and forward an abstract of the votes cast for
and against each of said proposed amendments in the manner now pre-
scribed by law in relation to votes cast in general elections.

It shall be the duty of the Secretary of the Commonwealth, and of the
State Board of Canvassers, to open and canvass the said abstracts of
returns, and to examine and make statement of the whole number of votes
given at said election for each of said proposed amendments and against
each of said proposed amendments, respectively, in the manner now pre-
scribed by law in relation to votes cast in general elections; and it shall
be the duty of the Secretary of the Commonwealth to record said certified
statement in his office, and without delay to make out and transmit to the
Governor of the Commonwealth an official copy of said statement, certi-
fied by him under his seal of office.

The Governor shall, without delay, make proclamation of the result,
stating therein the aggregate vote for and against each of said amend-
ments, to be published in such newspapers in the State as may be deemed
requisite for general information; and if a majority of said votes be cast
for the ratification of the amendments, or either of them, he shall annex
to his proclamation a copy of such as were ratified. The Secretary of
the Commonwealth shall cause to be sent to the clerks of each county
and corporation, at least thirty days before the election, as many copies
of this act as there are places of voting therein; and it shall be the duty
of such clerks to forthwith deliver the same to the sheriffs of their re-
spective counties and cities for distribution. Each such sheriff shall
forthwith post a copy of such act at some public place in each election
district at or near the usual voting place in the said district.

The expenses incurred in conducting this election shall be defrayed
as infthe case of the election of members of the General Assembly.

.