CHAPTER 2

An Act to provide for submitting to the qualified electors the question of
whether there shall be a convention to revise and amend Section 141
of the Constitution of Virginia.

[H 1)

Approved December 3, 1955

Whereas, by Item 210 of the Appropriation Act of 1954 (Acts of
Assembly, 1954, Chapt. 708, p. 970), the General Assembly sought to
enact measures to aid certain war orphans in obtaining an education at
either public or private institutions of learning, which said Item has
been adjudicated by the Supreme Court of Appeals of Virginia, insofar
as it purports to authorize payments for tuition, institutional fees and
other expenses of students who attend private schools, to be violative of
certain provisions of the Constitution respecting education and public
instruction; and,

Whereas, the State’s entire program, insofar as attendance at private
schools is concerned, involving the industrial rehabilitation program,
grants for the education of war orphans, grants in aid of Negro graduate
students, and scholarships for teaching and nursing, is in jeopardy; and,

Whereas, in order to permit the handicapped, war orphans, Negro
graduate students and prospective teachers and nurses to receive aid in
furtherance of their education at private schools and in order to insure
educational opportunities for those children who may not otherwise receive
a public school education due to the decision of the Supreme Court of the
United States in the school segregation cases, it is deemed necessary that
said provisions of the Constitution be revised and amended; and,

Whereas, it is impossible to procure such amendments and revisions
within the time required to permit educational aid forthwith for the
current school year and that beginning in the fall of 1956 except by con-
vening a constitutional convention; and,

Whereas, because it is deemed unwise at this time to make any
sweeping or drastic changes in the fundamental laws of the State, and
also, in order to assure the adoption of the contemplated amendments and
revisions within the time necessary to permit educational aid in the school
year of 1956-57, it is deemed necessary that the people eliminate all
questions from consideration by said convention save and except those
essential to the adoption of those revisions and amendments specified in
this Act; and,

Whereas, in order to avoid heated and untimely controversies through-
out the State as to what other matters, if any, may or should be acted
upon by said convention, it is believed to be in the public interest to submit
to the electors the sole question whether a convention shall be called
which will be empowered by the people to consider and act upon said
limited revisions and amendments only, and not upon any others; now,
therefore,

Be it enacted by the General Assembly of Virginia:
1. § 1. That at an election to be held on such day as may be fixed by
proclamation of the Governor (but not later than sixty days after the
passage of this Act) there shall be submitted to the electors qualified to
vote for members of the General Assembly the question “Shall there be a
convention to revise the Constitution and amend the same?” Should a
majority of the electors voting at said election vote for a convention, the
legal effect of same will be that the people will thereby delegate to it only
the following powers of revision and amendment of Section 141 of the
Constitution and no others:

A. The convention may consider and adopt amendments to Section 141
of the Constitution of Virginia necessary to accomplish the following pur-
poses, and no others:

To permit the General Assembly and the governing bodies of the
several counties, cities and towns to appropriate funds for educational
purposes which may be expended in furtherance of elementary, secondary,
collegiate and graduate education of Virginia students in public and
nonsectarian private schools and institutions of learning in addition to
those owned or exclusively controlled by the State or any such county, city
or town.

B. The convention shall be empowered to proclaim and ordain said
revisions and amendments adopted by it within the scope of its powers as
above set forth without submitting same to the electors for approval, but
the convention will not have the power to either consider, adopt, or propose
any other amendments or revisions.

§ 2. The judges of election and other officers charged with the duty
of conducting elections at each of the several voting places in the State are
hereby required to hold an election upon the said question of calling the
convention, on the day fixed therefor by proclamation of the Governor, at
all election precincts in the State, but the several electoral boards may, in
their discretion, dispense with the services of clerks of election in such
precincts as they may deem appropriate. Copies of the Governor’s procla-
mation shall be promptly sent by the State Board of Elections to the
secretary of each electoral board and due publicity thereof given through
the press of the State and otherwise if the Governor so directs.

§ 3. The ballots to be used in said election the State Board of Elec-
tions shall cause to be printed, and distributed and furnished to the re-
spective electoral boards of the counties and cities of the State. The num-
ber furnished each such board shall be determined by the State Board of
Elections within the limits prescribed by § 24-213 of the Code of Virginia.
The respective electoral boards shall cause the customary identification
seal to be stamped on the ballots delivered to them. In order to insure
that the electors will clearly understand the limited powers which may
be exercised by the convention, if called, said ballots shall be printed in
type not less in size than small pica and contain the following words and

gures:
“Constitutional Convention Ballot:
“INFORMATORY STATEMENT

“The Act of the General Assembly submitting to the people the ques-
tion below provides that the elector is voting for or against a convention
to which will be delegated by the people only the limited powers of revising
and amending Section 141 of the Constitution to the extent that is neces-
sary to accomplish the following purposes, and no other powers:

“To permit the General Assembly and the governing bodies of the
several counties, cities and towns to appropriate funds for educational
purposes which may be expended in furtherance of elementary, secondary,
collegiate and graduate education of Virginia students in public and
nonsectarian private schools and institutions of learning in addition to
6 ACTS OF ASSEMBLY [EX. VA., 1955

those owned or exclusively controlled by the State or any such county, city
or town.

“The act also provides that the legal effect of a majority vote for a
convention will be that the people will delegate to it only the foregoing
powers, except that the convention will be empowered to ordain and pro-
claim said revisions and amendments adopted by it within the scope of
said powers without submitting same to the electors for approval, but the
convention will not have the power to either consider, adopt or propose any
other amendments or revisions.

“In the light of the foregoing information the question to be voted on
is as follows:

“Shall there be a convention to revise the Constitution and amend
the same?

“C] For the convention.
“(] Against the convention.”

§ 4. A ballot deposited with a cross mark, a line or check mark
placed in the square preceding the words “For the convention” shall be
a vote for the convention, and a ballot deposited with a cross mark, line
or check mark preceding the words “Against the convention” shall be a
vote against the convention.

§ 5. The ballots shall be distributed and voted, and the results thereof
ascertained and certified, in the manner prescribed by section 24-141 of
the Code of Virginia. It shall be the duty of the clerks and commissioners
of election of each county and city, respectively, to make out, certify
and forward an abstract of the votes cast for and against the convention
in the manner now prescribed by law in relation to votes cast in general
State elections.

§ 6. It shall be the duty of the State Board of Elections 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 and against the
convention, respectively, in the manner now prescribed by law in relation
to votes cast in general elections; and it shall be the duty of the State
Board of Elections to record said certified statement in its office, and
without delay to make out and transmit to the Governor of the Common-
wee an official copy of said statement, certified by it under its seal of
office.

§ 7. The Governor shall, without delay, make proclamation of the
result, stating therein the aggregate vote for and against the convention
to be published in such newspapers in the State as may be deemed requisite
for general information. The State Board of Elections shall cause to be
sent to the clerks of each county and corporation, at least fifteen 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 respective counties and sergeants of their
respective cities for distribution. Each such sheriff or sergeant 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.

§ 8. The expenses incurred in conducting this election, except as
herein otherwise provided, shall be defrayed as in the case of the election
of members of the General Assembly.

§ 9. The State Board of Elections shall have authority to employ
such help and incur such expense as may be necessary to enable it to
discharge the duties imposed on it under this Act, the expenses thereof
to be paid from funds appropriated by law.

2. An emergency existing, this Act shall be in force from the time of
its passage.
An Act to authorize the council of the city of Danville to issue bonds of
said city of the aggregate principal amount of two million dollars for
school purposes.

[S 2]

Approved December 3, 1955

Whereas, the council of the city of Danville has, by an ordinance
adopted on February 12, 1951, authorized the issuance of bonds of said city
of the aggregate principal amount of three million dollars for the purposes
hereinafter set forth, and said bonds have been approved by two thirds of
the qualified voters of said city who voted at an election duly called and
held on April three, nineteen hundred and fifty-one, twenty three hundred
and ninety-three of such qualified voters having voted for and four hundred
and forty-six of such qualified voters having voted against the approval of
said bonds, and fourteen hundred and fifty-two of such qualified voters who
voted for the approval of said bonds were qualified registered voters owning
real estate in said city and two hundred and eighty-four of such qualified
voters who voted against the approval of said bonds were qualified reg-
istered voters owning real estate in said city; and

Whereas, the city of Danville has heretofore issued bonds of the
aggregate principal amount of one million dollars pursuant to said ordi-
nance, and the General Assembly desires to grant to the council of the city
of Danville the authority to issue the bonds of the aggregate principal
amount of two million dollars which are authorized by said ordinance and
have not yet been issued ; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. The council of the city of Danville is hereby authorized to issue
negotiable bonds of the aggregate principal amount of two million dollars
in the name and on behalf of said city to finance the cost of erecting new
school buildings in said city and of reconstructing or enlarging existing
school buildings in said city and of acquiring land for school purposes
and of purchasing and installing equipment need for such new or recon-
structed or enlarged school buildings.

§ 2. Said bonds may be issued as a single series of bonds or in two or
more separate series having different dates. Each series of said bonds shall
mature in such installments and at such times, within a period of thirty
years beginning with the date of the bonds of such series, as the council
may determine. None of said bonds shall bear interest at more than four
per centum per annum, payable semiannually, and no installment of any
series of bonds shall be more than five per centum in excess of the smallest
previous installment of such series.

§ 3. All bonds issued pursuant to this act shall be authenticated by
the manual signature of the director of finance of said city and shall bear
the facsimile signature of the president of the council of said city as Mayor
and the facsimile signature of the city treasurer of said city and a facsimile
of the seal of said city attested by the facsimile signature of its city clerk.
Interest coupons representing the interest payable with respect to said
bonds shall be attached to the bonds and shall be authenticated by the
facsimile signature of the city treasurer of said city.

§ 4. The faith and credit of the city of Danville shall be pledged for
the payment of the principal of and interest on all bonds issued pursuant
to this act and the city shall levy annually upon all taxable property with-
in the city ad valorem taxes for the payment of said bonds and the interest
thereon, without limitation of rate or amount.

§ 5. Bonds issued pursuant to this act shall, in any suit or proceeding
8 ACTS OF ASSEMBLY [EX. VA., 1955

involving their validity, be conclusively deemed to be fully authorized by
this act to have been issued, sold, executed and delivered in conformity
herewith, and with all the other provisions and statutes applicable thereto,
and shall be incontestable, anything herein or in other statutes to the
contrary notwithstanding, unless such suit, action or proceeding is begun
prior to the delivery of such bonds.

§ 6. The powers granted by this act are granted in addition to and
not in substitution for the existing powers of the city of Danville and are
not subject to any limitation or restriction imposed by any other act.

2. Anemergency exists and this act is in force from its passage.

I, E. Griffith Dodson, Clerk of the House of Delegates and Keeper
of the Rolls of the State, do certify that the session of the General Assembly
of the Commonwealth of Virginia, at which the Acts of Assembly herein
printed were enacted, adjourned sine die on December third, nineteen
hundred fifty-five.
CHAPTER 2

An Act to provide for submitting to the qualified electors the question of
whether there shall be a convention to revise and amend Section 141
of the Constitution of Virginia.

[H 1)

Approved December 3, 1955

Whereas, by Item 210 of the Appropriation Act of 1954 (Acts of
Assembly, 1954, Chapt. 708, p. 970), the General Assembly sought to
enact measures to aid certain war orphans in obtaining an education at
either public or private institutions of learning, which said Item has
been adjudicated by the Supreme Court of Appeals of Virginia, insofar
as it purports to authorize payments for tuition, institutional fees and
other expenses of students who attend private schools, to be violative of
certain provisions of the Constitution respecting education and public
instruction; and,

Whereas, the State’s entire program, insofar as attendance at private
schools is concerned, involving the industrial rehabilitation program,
grants for the education of war orphans, grants in aid of Negro graduate
students, and scholarships for teaching and nursing, is in jeopardy; and,

Whereas, in order to permit the handicapped, war orphans, Negro
graduate students and prospective teachers and nurses to receive aid in
furtherance of their education at private schools and in order to insure
educational opportunities for those children who may not otherwise receive
a public school education due to the decision of the Supreme Court of the
United States in the school segregation cases, it is deemed necessary that
said provisions of the Constitution be revised and amended; and,

Whereas, it is impossible to procure such amendments and revisions
within the time required to permit educational aid forthwith for the
current school year and that beginning in the fall of 1956 except by con-
vening a constitutional convention; and,

Whereas, because it is deemed unwise at this time to make any
sweeping or drastic changes in the fundamental laws of the State, and
also, in order to assure the adoption of the contemplated amendments and
revisions within the time necessary to permit educational aid in the school
year of 1956-57, it is deemed necessary that the people eliminate all
questions from consideration by said convention save and except those
essential to the adoption of those revisions and amendments specified in
this Act; and,

Whereas, in order to avoid heated and untimely controversies through-
out the State as to what other matters, if any, may or should be acted
upon by said convention, it is believed to be in the public interest to submit
to the electors the sole question whether a convention shall be called
which will be empowered by the people to consider and act upon said
limited revisions and amendments only, and not upon any others; now,
therefore,

Be it enacted by the General Assembly of Virginia:
1. § 1. That at an election to be held on such day as may be fixed by
proclamation of the Governor (but not later than sixty days after the
passage of this Act) there shall be submitted to the electors qualified to
vote for members of the General Assembly the question “Shall there be a
convention to revise the Constitution and amend the same?” Should a
majority of the electors voting at said election vote for a convention, the
legal effect of same will be that the people will thereby delegate to it only
the following powers of revision and amendment of Section 141 of the
Constitution and no others:

A. The convention may consider and adopt amendments to Section 141
of the Constitution of Virginia necessary to accomplish the following pur-
poses, and no others:

To permit the General Assembly and the governing bodies of the
several counties, cities and towns to appropriate funds for educational
purposes which may be expended in furtherance of elementary, secondary,
collegiate and graduate education of Virginia students in public and
nonsectarian private schools and institutions of learning in addition to
those owned or exclusively controlled by the State or any such county, city
or town.

B. The convention shall be empowered to proclaim and ordain said
revisions and amendments adopted by it within the scope of its powers as
above set forth without submitting same to the electors for approval, but
the convention will not have the power to either consider, adopt, or propose
any other amendments or revisions.

§ 2. The judges of election and other officers charged with the duty
of conducting elections at each of the several voting places in the State are
hereby required to hold an election upon the said question of calling the
convention, on the day fixed therefor by proclamation of the Governor, at
all election precincts in the State, but the several electoral boards may, in
their discretion, dispense with the services of clerks of election in such
precincts as they may deem appropriate. Copies of the Governor’s procla-
mation shall be promptly sent by the State Board of Elections to the
secretary of each electoral board and due publicity thereof given through
the press of the State and otherwise if the Governor so directs.

§ 3. The ballots to be used in said election the State Board of Elec-
tions shall cause to be printed, and distributed and furnished to the re-
spective electoral boards of the counties and cities of the State. The num-
ber furnished each such board shall be determined by the State Board of
Elections within the limits prescribed by § 24-213 of the Code of Virginia.
The respective electoral boards shall cause the customary identification
seal to be stamped on the ballots delivered to them. In order to insure
that the electors will clearly understand the limited powers which may
be exercised by the convention, if called, said ballots shall be printed in
type not less in size than small pica and contain the following words and

gures:
“Constitutional Convention Ballot:
“INFORMATORY STATEMENT

“The Act of the General Assembly submitting to the people the ques-
tion below provides that the elector is voting for or against a convention
to which will be delegated by the people only the limited powers of revising
and amending Section 141 of the Constitution to the extent that is neces-
sary to accomplish the following purposes, and no other powers:

“To permit the General Assembly and the governing bodies of the
several counties, cities and towns to appropriate funds for educational
purposes which may be expended in furtherance of elementary, secondary,
collegiate and graduate education of Virginia students in public and
nonsectarian private schools and institutions of learning in addition to
6 ACTS OF ASSEMBLY [EX. VA., 1955

those owned or exclusively controlled by the State or any such county, city
or town.

“The act also provides that the legal effect of a majority vote for a
convention will be that the people will delegate to it only the foregoing
powers, except that the convention will be empowered to ordain and pro-
claim said revisions and amendments adopted by it within the scope of
said powers without submitting same to the electors for approval, but the
convention will not have the power to either consider, adopt or propose any
other amendments or revisions.

“In the light of the foregoing information the question to be voted on
is as follows:

“Shall there be a convention to revise the Constitution and amend
the same?

“C] For the convention.
“(] Against the convention.”

§ 4. A ballot deposited with a cross mark, a line or check mark
placed in the square preceding the words “For the convention” shall be
a vote for the convention, and a ballot deposited with a cross mark, line
or check mark preceding the words “Against the convention” shall be a
vote against the convention.

§ 5. The ballots shall be distributed and voted, and the results thereof
ascertained and certified, in the manner prescribed by section 24-141 of
the Code of Virginia. It shall be the duty of the clerks and commissioners
of election of each county and city, respectively, to make out, certify
and forward an abstract of the votes cast for and against the convention
in the manner now prescribed by law in relation to votes cast in general
State elections.

§ 6. It shall be the duty of the State Board of Elections 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 and against the
convention, respectively, in the manner now prescribed by law in relation
to votes cast in general elections; and it shall be the duty of the State
Board of Elections to record said certified statement in its office, and
without delay to make out and transmit to the Governor of the Common-
wee an official copy of said statement, certified by it under its seal of
office.

§ 7. The Governor shall, without delay, make proclamation of the
result, stating therein the aggregate vote for and against the convention
to be published in such newspapers in the State as may be deemed requisite
for general information. The State Board of Elections shall cause to be
sent to the clerks of each county and corporation, at least fifteen 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 respective counties and sergeants of their
respective cities for distribution. Each such sheriff or sergeant 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.

§ 8. The expenses incurred in conducting this election, except as
herein otherwise provided, shall be defrayed as in the case of the election
of members of the General Assembly.

§ 9. The State Board of Elections shall have authority to employ
such help and incur such expense as may be necessary to enable it to
discharge the duties imposed on it under this Act, the expenses thereof
to be paid from funds appropriated by law.

2. An emergency existing, this Act shall be in force from the time of
its passage.
An Act to authorize the council of the city of Danville to issue bonds of
said city of the aggregate principal amount of two million dollars for
school purposes.

[S 2]

Approved December 3, 1955

Whereas, the council of the city of Danville has, by an ordinance
adopted on February 12, 1951, authorized the issuance of bonds of said city
of the aggregate principal amount of three million dollars for the purposes
hereinafter set forth, and said bonds have been approved by two thirds of
the qualified voters of said city who voted at an election duly called and
held on April three, nineteen hundred and fifty-one, twenty three hundred
and ninety-three of such qualified voters having voted for and four hundred
and forty-six of such qualified voters having voted against the approval of
said bonds, and fourteen hundred and fifty-two of such qualified voters who
voted for the approval of said bonds were qualified registered voters owning
real estate in said city and two hundred and eighty-four of such qualified
voters who voted against the approval of said bonds were qualified reg-
istered voters owning real estate in said city; and

Whereas, the city of Danville has heretofore issued bonds of the
aggregate principal amount of one million dollars pursuant to said ordi-
nance, and the General Assembly desires to grant to the council of the city
of Danville the authority to issue the bonds of the aggregate principal
amount of two million dollars which are authorized by said ordinance and
have not yet been issued ; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. The council of the city of Danville is hereby authorized to issue
negotiable bonds of the aggregate principal amount of two million dollars
in the name and on behalf of said city to finance the cost of erecting new
school buildings in said city and of reconstructing or enlarging existing
school buildings in said city and of acquiring land for school purposes
and of purchasing and installing equipment need for such new or recon-
structed or enlarged school buildings.

§ 2. Said bonds may be issued as a single series of bonds or in two or
more separate series having different dates. Each series of said bonds shall
mature in such installments and at such times, within a period of thirty
years beginning with the date of the bonds of such series, as the council
may determine. None of said bonds shall bear interest at more than four
per centum per annum, payable semiannually, and no installment of any
series of bonds shall be more than five per centum in excess of the smallest
previous installment of such series.

§ 3. All bonds issued pursuant to this act shall be authenticated by
the manual signature of the director of finance of said city and shall bear
the facsimile signature of the president of the council of said city as Mayor
and the facsimile signature of the city treasurer of said city and a facsimile
of the seal of said city attested by the facsimile signature of its city clerk.
Interest coupons representing the interest payable with respect to said
bonds shall be attached to the bonds and shall be authenticated by the
facsimile signature of the city treasurer of said city.

§ 4. The faith and credit of the city of Danville shall be pledged for
the payment of the principal of and interest on all bonds issued pursuant
to this act and the city shall levy annually upon all taxable property with-
in the city ad valorem taxes for the payment of said bonds and the interest
thereon, without limitation of rate or amount.

§ 5. Bonds issued pursuant to this act shall, in any suit or proceeding
8 ACTS OF ASSEMBLY [EX. VA., 1955

involving their validity, be conclusively deemed to be fully authorized by
this act to have been issued, sold, executed and delivered in conformity
herewith, and with all the other provisions and statutes applicable thereto,
and shall be incontestable, anything herein or in other statutes to the
contrary notwithstanding, unless such suit, action or proceeding is begun
prior to the delivery of such bonds.

§ 6. The powers granted by this act are granted in addition to and
not in substitution for the existing powers of the city of Danville and are
not subject to any limitation or restriction imposed by any other act.

2. Anemergency exists and this act is in force from its passage.

I, E. Griffith Dodson, Clerk of the House of Delegates and Keeper
of the Rolls of the State, do certify that the session of the General Assembly
of the Commonwealth of Virginia, at which the Acts of Assembly herein
printed were enacted, adjourned sine die on December third, nineteen
hundred fifty-five.