Chap. 408.—A Joint RESOLUTION proposing amendments to Sections 73 and 134 ai
the Constitution of Virginia. [SJR No. 7]

Signed February 7, 1944

Whereas, the proposed amendments to the Constitution of Virginia,
hereinafter fully set forth, were agreed to by a majority of the members
elected to the two houses of the General Assembly at the session of nine-
teen hundred and forty-two, and referred to this, the next General .As-
sembly, and published for three months, as required by the Constitution
of Virginia, and as shown by report of such publication by the Clerk o:
the House of Delegates ; now therefore, be it

Resolved by the Senate, the House of Delegates concurring (a ma-
jority of the members elected to each house agreeing), that the follow-
ing amendments to the Constitution of Virginia be, and the same are
hereby, proposed in conformity with the provisions of section one hunr-
dred ninety-six of Article fifteen of the said Constitution, namely :
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,
either in person or in such manner as shall be prescribed by law, all in-
tercourse with other and foreign States; and, during the recess of the
General Assembly, shall have power to suspend from office for mis-
behavior, incapacity, neglect of official duty, or acts performed without
due authority of law, all executive officers at the seat of government, ex-
cept the Lieutenant Governor; but, in any case in which this power is
so exercised, the Governor shall report to the General Assembly, at the
beginning 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 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,
particulars 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
pardoning 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
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
exercised, the Governor shall report to the General Assembly, at the be-
ginning 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 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,
particulars 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 exclusive:
(a) to commute capital punishment; (b) to grant reprieves or pardons
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 public
free school purposes; of all escheated property; of all waste and unap-
propriated 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 Asembly may appropriate.

And insert in lieu thereof the followins:
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 public
free school purposes; of all escheated property; of all waste and unap-
propriated 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 administered
in such manner as may be provided by general law.