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itppeal of right to the corporation court, or, if there be no such court, to the circuit court of such city, in which court the case shall be heard de noro by the judge thereof, whose (lecision shall be final. He shall have all the other powers and duties which may be conferred and imposed upon him by general laws.6

SŁc. 121. There shall be in 'every city a council, composed of two branches having a different number of members, whose powers and terms of office shall be prescribed by law, and whose members shall be elected by the qualified roters of such city, in the manner prescribed by law, but so as to give, as far as practicable, to each ward of such, city, equal representation in each branch of said council in proportion to the population, of such ward; but in cities of under ten thousand population the General Assembly may permit the council to codsist of one branch. Vo member of the council shall be eligible during his tenure of office is such member, or for one year thereafter, to aur office to be filled by the council by election or appointment. The council of every city may, in a manner prescribed by law, increase or diminish the number, and change the boundaries of the wards thereof, and shall, in the year nineteen hundred and three, and in every tenth year thereafter, and also whenever the boundaries of such wards are changed, re-apportion the representation in the council among the wards in it manner prescribed by law; and whenever the council of an such city shall fail to perform the duty so prescribed, a mandamus shall lie ou behalf of any citizen thereof to compel its performance.

SEC. 1:25. The mayors and councils of cities shall be elected on the second Tueslay in June, and their terms of office shall begin on the first day of Sejtember succeeling. All other elective officers, provided for by this article, or hereafter uthorized by law, shall be elected on the Tuesday after the first Monday in Sovember, and their terms of office shall begin on the first day of Jamary succeeding, except that the terms of office.of clerks of the city courts shall begin coincidently with that of the judges of said courts; provided. that the General Issembly may change the time of election of all or any of the said officers, except that the election and the beginning of the terms of mayors and councils of cities shall not be made by the General Assembly to occur at the same time with the election and beginning of the terms of office of the other elective officers provided for by this Constitution,

SEC. 12:3. Every ordinance, or resolution having the effect of an ordinance sh:111. before it becomes operative, be presented to the mayor. If he approve he shall sign it; but if not, if the council consist of two branches, he may return it,' with his objections in writing, to the clerk, or other recording officer, af that branch in which it originated; which branch shall enter the objections at length on its journal and proceed to reconsider it. If, after such consideration. two-thirds of all the members elected thereto shall agree to pass the ordinaire or resolution, it shall be sent, together with the objections to the other branch. by which it shall likewise be considered, and if approved by two-thirds of all the members elected thereto, it shall become operative notwithstanding the ab jections of the myor. But in all such cases the votes of both branches of the council shall be determinel by yeas and nays, and the names of the members voting for and gainst the ordinance or resolution shall be entered on the journal of each brauch. If the council consists of a single branch, the mayor's objections in writing to any ordinance, or resolution baying the effect of an ordinance, shall be returned to the clerk, or other recording officer of the council, and be entered at length on its journal; whereupon the council sbaii proceed to reconsider the same. Upon such consideration the rote shall be taken in the same manner as where the council consists of two branches, and if the ordinance or resolution be approved by two-thirds of all the members electe: to the commeil, it shall become operative notwithstanding the objections of the mil ror. If ny ordinance or resolution shall not be returned by the maker within five day's (Sundays excepted), after it shall have been presented to him.

* Amendment propostel and adopted by the general assembly of 1908, re-adapt: boy the general assembly of 1910, and ratitied on Nov: 8. 1910. Re-submitted by the gneral assembly of 1912 and re-lopted on Nov, 5, 1912.

See Note No. 5.

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ive in like manner as if he had signed it, unless his term he council, shall expire within said five days.

bave the power to veto any particular item or items of lance or resolution; but the veto shall not affect any item does not object. The item or items objected to shall not

the manner provided in this section as to ordinances or ved by the mayor. No ordinance or resolution appropria, g, the sum of one hundred dollars, imposing taxes, or au. =ing of money, shall be passed, except by a recorded affirmjority of all the members elected to the council or to each re there are two; and in case of the veto by the mayor of

resolution, it shall require a recorded affirmative vote of ne members elected to the council, or to each branch thereof -vo, to pass the same over such veto in the manner provided Sothing contained in this section shall operate to repeal or sion in any existing city charter requiring a two-thirds vote of any ordinance as to the appropriation of money, imposing zing the borrowing of money, 1 street railway, gas, water, steam, or electric heating, electric

cold storage, compressed air, viaduct, conduit, telephone, , or ; nor any corporation, association, person or partnership, enor like enterprises, shall be permitted to use the streets, alleys, els of a city or town without the previous consent of the cor, ies of such city or town. The rights of no, city or town in and to its water front, wharf le landings, wharves, docks, streets, avenues, parks, bridges, and laces, and its gas, water, and electric works shall be sold except ice or resolution passed by a recorded affirmative vote of threeI the members elected to the council, or to each branch thereof are two, and under such other restrictions as may be imposed by case of the veto by the mayor, of such an ordinance or resolution, ire a recorded affirmative vote of three-fourths of all the members ne council, or to each , branch thereof where there are two, had in heretofore provided for in this article, to pass the same over No franchise, lease or right of any kind to use such public property er public property, or easement of any description, in a manner not to the general public, shall be granted for a longer period than thirty efore granting any such franchise or privilege for a term of years, e a trunk railway, the municipality shall first, after due advertiseceive bids therefor publicly, in such manner as may be provided by

shall then act as may be required by law. Such grant, and any conpursuance thereof, may provide that upon the termination of the grant t, as well as the property, if any, of the grantee in the streets, avend other public places shall therenpon, without compensation to the or upon the payment of a fair valuation therefor, be and become the y of the siud city or town; but the grantee shall be entitled to no payhy reason of the value of the franchise; and any such plant or property ed by a city or town may be sold or leased, or, if authorized by law. ained, controlled and operated, by such city or town. Every such grant specify the mode of determining any valuation therein provided for, and make adequate provision by way of forfeiture of the grant, or otherwise, Cure efficiency of public service at reasonable rates, and the maintenance le property in good order throughout the term of the grant. Nothing herein twined shall be construed as preventing the General Assembly from prebing additional restrictions on the powers of cities and towns in granting nchises or in selling or leasing any of their property, or as repealing any ditional restrictions 110w required in relation thereto in any existing municFal charter.

SEC. 126. The General Assembly shall provide by general laws for the

jenced educ: De time and tall be filled

His duties
shall be ex

Sec. 132.
e as follows:

Hirst. It

extension and the contraction, fronı time to time, of the corporate limits of cities and towns; and no special act for such purpose shall be valid.

SEC. 127. No city or town shall issue bonds or other interest-bearing obligations for any purpose, or in any manner, to an amount which, including esisting indebtedness, shall, 'at any time, exceed eighteen per centum of the assessed valuation of the real estate in the city or town subject to taxation, as shown by the last preceding assessment for taxes; provided, however, that nothing above contained in this section shall apply to those cities and towns whose charters existing at the adoption of this Constitution authorize a larger percentage of indebtedness than is authorized by this section; and providei further, thật in determining the limitation of the power of a city or town to incur indebtedness; there shall not be included the following classes of indebtedness.

(a) Certificates of indebtedness, revenue bonds or other obligations issued in anticipation of the collection of the revenue of such city or town for the then current year, provided, that such certificates, bonds or other obligations mature within one year from the date of their issue, and be not past due, and do not exceed the revenue for such year.

(b) Bonds authorized by an ordinance enacted in accordance with sectios One Hundred and Twenty-three, and approved by the affirmative vote of the majority of the qualified voters of the city or town voting upon the question of their issuance, at the general election next succeeding the enactment of the ordinance, or at a special election held for that purpose, for a supply of water or other specific undertaking from which the city or town may derire rerence: but from and after a period to be determined by the council, not exceeding fire years from the date of such election, whenever and for so long as such undertaking fails to produce sufficient revenue to pay for cost of operation and administration (including interest on 'bonds issued therefor, and the cost of insuranet against loss by injury to persons or property), and an annual amount to be covered into a sinking fund sufficient to pay, at or before maturity, all boods issued on account of said undertaking, all such bonds outstanding shall be included in deterinining the limitation of the power to incur indebtedness, unlea the principal and interest thereof be made payable exclusively from the rereist: of the undertaking.

SEC. 128. In cities and towns the assessment of real estate and persona property for the purpose of municipal taxation, shall be the same as the assess ment thereof for the purpose of State taxation, whenerer there shall be a State assessment of such property.

Irisons, comp t shall be di afirmation of glent of scho ties, and ma

Second. It f the school fl

Third. It

the manage Estributed, sha the General

Fourth, It hools of the I books suitabl

Fifth. Its ere without irry and the

* to such rul te Supreme ('o

appointment Ser. 133.

unless ot three truste lar. SEC. 134.

ARTICLE IX.

EDUCATION AND PUBLIC INSTRUCTION. SEC. 129. The General Assembly shall establish and maintain an eficient system of public free schools throughout the State.

SEC. 130. The general supervision of the school system shall be rested in a State Board of Education, composed of the Governor, Attorney General, Super intendent of Public Instruction, and three experienced educators to be eleite quadrennially by the Senate, from it list of eligibles, consisting of one frou each of the faculties, and nominated by the respective boards of visitors to trustees, of the University of Virginia, the Virginia Military Institute, the i ginia Polytechnic Institute, the State Female Normal School at Farmville, the School for the Deaf and Blind, and also of the College of William and Mari, so long as the State continues its annual appropriation to the last named institution.

The board thus constituted shall select and associate with itself two di:sion superintendents of schools, one from a county and the other from a cit. who shall hold office for two years, and whose powers and duties shall be idea tical with those of other members, except that they shall not participate 1 the appointment of any public school official,

Any vacancy occurring during the term of any member of the board sbs" be filled for the unexpired term by said board.

SEC. 131. The Superintendent of Public Instruction, who shall be an ki

ribal literary lic lands do verty; of a he State by It Sate, and

SEC. 135). mary fund : - 1 to be paid ties; and an Is on the di maal benefit o El populati 115 in each time the se

of taxati on wha AT otherwise art of the sch

SEC. 130. et. and sch« Yey, not

3. to be al

eties, cities * 1 their juc T bools & *** four mon air mas

shall be elected by the qualified voters of the State at the
the same term as the Governor. Any vacancy in said office
he unexpired term by the said board.
11 be prescribed by the State Board of Education, of which
io president; and his compensation shall be fixed by law.

duties and powers of the State Board of Education shall

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y, in its discretion, divide the State into appropriate school
ing not less than one county or city each, but no county or
led in the formation of such division. It shall, subject to the
he Senate, appoint, for each of such divisions, one superin-
S. who shall hold office for four years, and shall prescribe his

remove him for cause and upon notice.
shall have, regulated by law, the management and investment
nd.
shall have authority to make all needful rules and regulations
ement and conduct of the schools, which, when published and
Ul have the force and effect of law, subject to the authority
Assembly to revise, amend, or repeal the same.
t shall select text books and educational appliances for use in the
State, exercising such discretion as it may see fit in the selection
ble for the schools in the cities and counties respectively.

shall appoint a board of directors, consisting of five members,
out compensation, which shall have the management of the State
the appointment of a librarian and other employees thereof, sub-
rules and regulations is the General Assembly shall prescribe; but
Court of Appeals shall have the management of the law library and
nent of the librarian and other employees thereof.
3. Each magisterial district shall constitute a separate school dis-
s otherwise provided by law. In each school district there shall
ustees selected, in the manner and for tlie term of office prescribed

34. The General Assembly shall set apart, as a permanent and perrary fund, the present literary fund of the State; the proceeds of all Ils donated by Congress for public free school purposes; of all escheated

of all waste and unappropriated lands; of all property accruing to by forfeiture, and all fines collected for offenses committed against , and such other sums as the General Assembly may appropriate.

135. The General Assembly shall apply the annual interest on the fund; that portion of the capitation tax provided for in the Constitube paid into the State treasury, and not returnable to the counties and and an annual tax on property of not less than one mor more than five a the dollar to the schools of the primary and grammar grades, for the enefit of all of the people of the State, to be apportioned on a basis of population; the number of children between the ages of seven and twenty in each school district to be the basis of such apportionment, but if at me the several kinds or classes of property shall be segregated for the purof taxation, so as to specify and determine upon what subjects State taxes spon what subjects local taxes may be levied, then the General Assembly otherwise provide for a fixed appropriation of State revenue to the supof the schools not less than that provided in this section. SEC. 136. Each county, city, town, if the same be a separate school dist, and school district is authorized to raise additional sums by a talx on perty, not to exceel in the aggregate five mills on the dollar in any one r, to be apportioned and expended by the local school authorities of said mties, cities, towns and districts in establishing and maintaining such schools in their judgment the public welfare may require; provided, that such priary schools as may be established in any school year, shall be maintained at ast four months of that school year, before any part of the fund assessed and ollected may be devoted to the establishment of schools of higher grade.

The boards, of supervisors of the several counties, and the councils of the several cities, and towns if the same be separate school districts, shall provide for the levy and collection of such local school taxes,

SEC. 137. The General Assembly may establish agricultural, normal, manual training and technical schools, and such grades of schools as shall be for the public good.

SEC. 138. The General Assembly mily, in its discretion, provide for the compulsory education of children between the ages of eight and twelve years except such as itre weak in body or mind, or can read and writ, or are attend ing private schools, or are excused for cause by the distriet school trustees.

SEC. 139. Provisions shall be made to supply children attending the public schools with the necessary text-books in cases where the parent or guardian is umable, by reason of poverty, to furnish them,

SEC. 110, White and colored children shall not be taught in the same school.

SEC. 141. No appropriation of public funds shall be made to any school or institution of learning not owned or exclusively controlled by the State or some political subdivision thereof; proyided, first, that the General Assembly may, in its discretiou, continue the appropriations to the College of William and Mary; second, that this section shall not be construed as requiring or prohibiting the continuance or discontinuance by the General Assembly of the pyment of interest on certain bonds held by certain schools and colleges as provided by an act of the General Assembly, approved February twenty-thiri. eighteen hundred and ninety-two, relating to bonds held by schools and colleges: third. that counties, cities, towns and districts may make appropriations to non-sectarian schools of manual, industrial, or technical training, and als) tv any school or institution of learning owneil or exclusively controlled by soh county, city, town, or school district.

SEC. 142. Members of the boards of yisitors or trustees of educational institutions shall be appointed as may be provided by law, and shall hold for the term of four years, provided, that it the first appointment, if the board be of an even number, one-half of them, or if an odd number, the least 13jority of them, shall be appointed for two years.

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ARTICLE X.

AGRICULTURE AND IMMIGRATION. SEC. 113. There shall be a Department of Agriculture and Immigratine. which shall be permanently 'maintained at the capitol of the State, and whiel shall be imder the management and control of a Boan of Agriculture » Immigration, composed of one member from each congressional district, wb shall be a practical farmer, appointed by the Governor for a term of four vears, subject to confirmation by the Senate, and the president of the Virgini: Polytechnic Institute, who shall be ex-officio a member of the board; proridel. that members of the board first appointed under this Constitution from the congressional districts bearing odd nunibers shall hold office for two years.

SEC. 144. The powers and duties of the board shall be prescribed by law: provided. that it shall have power to elect and remove its officers, and establis elsewhere in the State subordinate branches of said department.

SEC. 145. There shall be a Commissioner of Agriculture and Immigratior. whose term of office shall be four years, and who shall be elected by the gar! ified voters of the State, and whose powers and duties shall be prescribed his the Board of Agriculture and Immigration until otherwise provided by law.

SEC. 116. The president of the Board of Agriculture and Immigration sh.' be ex-officio a member of the Board of Visitors of the Virginia Polytechuic Institute.

ARTICLE XI.

PUBLIC INSTITUTIONS AND PRISONS. SEC. 147. There shall be a state penitentiary, with such branch prisoms prison farms as may be provided by law.

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