7 Political Life (continued 2)

The City Manager form of government was first adopted in the United States by the city of Staunton in 1908. This is the most widely-used plan found in Virginia cities at the present time and in many other large cities throughout the United States. Under this plan, the Council members are elected at large by the voters. The Council is the legislative body which makes the local laws. The City Council selects the City Manager who may or may not be an inhabitant of the town, city or state involved. He not only acts as the chief adviser to the City Council but also becomes the chief executive in this plan. His term of office is at the discretion of the City Council members and he is responsible directly to them. Charles E. Ashburner was the first City Manager in the United States.

The City Council usually elects its own chairman from among its own membership; this chairman automatically becomes the Mayor of the city. He is the official titular head of the city and represents the city upon various public occasions. He presides at Council meetings, has regular Council powers and can vote but cannot veto a proposed law. In contrast, the City Manager has the power to appoint the chief officials of the various city government departments, the responsibility for enforcing city ordinances and resolutions, the obligation of attending City Council meetings and of making suggestions and recommendations to the Council, the duty of keeping the City Council informed of general and specific activities of the city including its financial status, the task of preparing and submitting a proposed budget to the City Council and the duty of carrying out miscellaneous functions assigned to him by the City Council.

These three forms—Mayor-Council, Commission and City Manager—exemplify the variety of local government organization available to cities and towns located in Virginia.

Towns in Virginia in order to be incorporated must have at least 300 inhabitants and must receive approval of the local circuit judge. Towns still remain part of the county after their incorporation. At present, there are approximately two hundred incorporated towns whose functions are carried out and services furnished by the County and the Town governments. Every town has a Council and a Mayor and in the large towns, usually a Town Manager. Three other town officials are a Treasurer, a Clerk (called a Secretary or Recorder) and a Town Attorney.

Residents of Virginia, consequently, are governed daily by either Town, City or County levels of government in addition to State and National levels.

Education and Public Instruction

Article IX concerns education. The Constitution specifically states that "The General Assembly shall establish and maintain an efficient system of public free schools throughout the State." Therefore, as in all states in United States, the management of the schools is basically the responsibility of the state. There is a State Board of Education consisting of seven members appointed for four-year terms by the Governor with the approval of the General Assembly. The Governor with the approval of the General Assembly also appoints an experienced educator to the chief educational position known as the Superintendent of Public Instruction. His term of office parallels that of the Governor who appoints him. The duties and powers of the State Board of Education are constitutionally described as follows:

(1) to divide the State into school divisions or districts; to certify to the local school boards within each division a list of persons who have reasonable academic and business qualifications for division superintendent of schools (the local school board has the authority to select from this list the individual whom they wish to hold the position of superintendent of their division for a four-year term),

(2) to manage and invest the school fund, according to legal regulations,

(3) to make rules and regulations for the management and conduct of the schools, upon the authority of the General Assembly,

(4) to select textbooks and educational appliances for school use with the General Assembly itself prescribing the time when textbooks are to be changed by the State Board of Education.

According to the Constitution, each magisterial district is a separate school district, and the magisterial district furnishes the basis of representation on the county or city school board. In cities which have a population of at least one hundred and fifty thousand, school boards have the authority to decide for themselves, with the approval of the local legislative body, the number and the boundaries of their school districts. The General Assembly has the right to consolidate into one school division, if it deems it advisable, one or more counties or cities with one or more counties or cities. Each division school board is empowered to select the superintendent of schools for its own division or district. In case a local school board fails to make such an appointment within a prescribed time, the State Board of Education then appoints the superintendent in that district.

In 1810 a Literary Fund was created as a permanent fund to be used to defray educational expenses in Virginia. This money originally came from the proceeds of public lands donated by Congress for public free school purposes, from unclaimed property, from property which the state received through forfeiture, from fines collected for offenses against the state and from other funds appropriated by the General Assembly. The only money in the fund which must, by constitutional requirement, be apportioned on a basis of school population for the benefit of the primary and grammar school levels is the annual interest on the Literary Fund, one dollar of the State capitation tax (total State capitation tax, $1.50) and an amount equal to an annual tax on property of not less than one nor more than five mills on the dollar. The school population in this instance refers to the number of children in each school district between the ages of seven and twenty years.

Each school district has the authority to raise additional sums of money for educational purposes by levying a school tax on property, a maximum amount being established by the law. The Board of Supervisors in the county area and the Council in the town or city areas have the authority to levy and collect local school taxes.

The General Assembly has the right to establish agricultural, normal, manual training and technical schools as well as other schools deemed desirable for the public welfare. Virginia colleges under State control at present are the College of William and Mary at Williamsburg, Longwood College at Farmville, Madison College at Harrisonburg, Mary Washington College (women's division of the University of Virginia) at Fredericksburg, Medical College of Virginia at Richmond, Radford College, (Women's division of Virginia Polytechnic Institute) at Radford, the University of Virginia at Charlottesville, Virginia Military Institute at Lexington, Virginia Polytechnic Institute at Blacksburg and Virginia State College at Petersburg. The State also controls the Richmond Professional Institute of the College of William and Mary in Richmond, the Norfolk Division of the College of William and Mary in Norfolk and the Norfolk Division of Virginia State College in Norfolk. The Virginia School for the Deaf and the Blind at Staunton and the Virginia State School for Colored Deaf and Blind Children at Newport News are State operated.

The General Assembly also establishes compulsory education. At the present time, school attendance is not compulsory on a state basis but many communities have passed local compulsory attendance laws. Whenever a parent or guardian is financially unable to furnish public school children with necessary textbooks, the local school system provides free textbooks to such individuals. The Virginia Constitution has required that there be segregation of white and colored children in the schools of Virginia. However, as a result of a U. S. Supreme Court ruling in 1954, the segregation of colored and white children became illegal and unconstitutional. Consequently, local and state officials throughout Virginia have been compelled to reconsider the state constitutional provision concerning segregation in the public schools and to integrate the school population in some areas.

Members of the Board of Visitors and Trustees of educational institutions are appointed by the Governor with the approval of the Senate for four-year terms. They regulate the policy of state-operated institutions of higher learning.

Miscellaneous Provisions

Article X concerns the Department of Agriculture and Immigration which is headed by a State Board of Agriculture consisting of one practical farmer from each Congressional district. The president of the Virginia Polytechnic Institute is also automatically an ex-officio member of this board. The chairman of this board is the Commissioner of Agriculture appointed by the Governor. The Department of Agriculture and Immigration has three chief functions: to encourage the production and sale of Virginia farm products, to protect the Virginia farmers and consumers by carrying out various state laws concerning food products, and the improvement of such products. The major divisions of this department include the Division of Chemistry, of Statistics, Dairy and Food, Markets, Animal Industry and of Plant Industry. The immigration function is now non-existent. This function was added when a severe labor shortage existed in the latter part of the 1800's: at that time the Commissioner traveled to Ireland, Holland, Belgium and Denmark in an attempt to get agricultural workers. The department still retains the name of Agriculture and Immigration but no longer has authority over immigrants.

Article XI relates to Public Welfare and Penal Institutions. The General Assembly has the authority to establish and operate public welfare, charitable, sanitary, benevolent, reformatory or penal institutions. As mentioned in the Executive section of the Constitution, there is a Department of Welfare and Institutions which includes a six-member Board of Welfare and Institutions appointed for a four-year term by the Governor with the approval of the General Assembly. The Director of this department is the Commissioner of Public Welfare. The Department of Welfare and Institutions consists of four divisions: the Division of Corrections which controls the State Penitentiary, the State Farm, the State Industrial Farm for Women, the Southampton Farm, the State Convict Road Force and the Bland Correctional Farm; the Division of General Welfare which helps needy children, elderly individuals, persons who are permanently disabled physically or mentally, and other miscellaneous cases; the Virginia Parole Board which has charge of granting parole, revoking parole, releasing qualified persons on parole and actually discharging individuals considered no longer necessary on parole; and the Division of Youth Services which supervises children placed in boarding homes and which operates and controls training schools for minors who have committed crimes and have been sent to these schools by court order: the Beaumont School for Boys (white), the Hanover School for Boys (Negro), the Bon Air School for Girls (white) and the Janie Porter Barrett School for Girls (Negro).

Article XII provides that the creation of corporations, as well as amendment to their charters, be provided by general laws which may be amended or repealed by the General Assembly. The General Assembly is not permitted to regulate the affairs of any corporation or to give it any rights, powers or privileges by special act. The State Corporation Commission is the unit of the state government through which all charters and amendments are issued. Therefore, the State Corporation Commission carries out all the provisions of the Constitution and of the laws for the creation, visitation, supervision, regulation and control of corporations chartered by, or doing business in, the state. The State Corporation Commission consists of three members elected by members of the General Assembly for a six-year term. Among other duties, the commission prescribes rates of railroads and telephone companies. Because of the numerous incorporated businesses operating in Virginia, this commission exercises broad, economic authority on behalf of the welfare of the state.

Article XIII concerns Taxation and Finance. The General Assembly has the authority for levying taxes, for appropriating revenue, and, in most instances, is empowered to specify and determine which goods and services shall be taxed by state and/or local government. All state, local or municipal taxes must be uniform and must be levied and collected according to general laws. State income taxes are levied on incomes over six hundred dollars per year. License taxes and state franchise taxes are levied upon businesses. A state capitation or poll tax of one dollar and a half is levied on every resident of the state at least twenty-one years of age; one dollar of which is to be used exclusively for public free schools and the remainder returned to the county or city treasurer to be used for local purposes. Local taxes are also levied on real estate and personal property. Property exempt from taxation by Article XIII includes property owned directly or indirectly by the Commonwealth or any local unit of government, buildings, land and furnishings owned and used exclusively for religious organizations or for benevolent or charitable organizations and private or public burying grounds or cemetries. Before any money can be paid from the State Treasury, appropriations must be made by law. No such appropriation can be made which is payable more than two and a half years after the end of the session of the General Assembly at which the law is enacted.

Article XIV primarily pertains to Homestead Exemptions. Certain homestead exemptions are authorized. Furthermore, this Article prohibits the General Assembly from passing a law staying the collection of debts. The General Assembly is authorized to provide the conditions on which a householder may set apart for himself and family a homestead on certain property.

The Amendment Process

Article XV describes the Amendment Process. An amendment may be proposed in either house of the General Assembly: the Senate or the House of Delegates. It is then voted upon for approval or disapproval. If a majority of the members of each house vote in favor of the proposed amendment, the amendment is then referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates. The amendment must then be published for three months previous to election time. Whenever a majority of all the members in each house vote in favor of the amendment either in a regular session or in an extra session, the amendment must then be submitted for approval by the people. If a majority of the qualified voters approve the amendment at this time, the amendment becomes effective.

Article XV also includes the procedure necessary for calling a constitutional convention in Virginia. Whenever a majority of the members of each house of the General Assembly vote for a convention to revise or amend the Constitution, the question of calling such a constitutional convention must be submitted to the qualified voters. If a majority of the voters favor such a convention for the specific purpose included in the original question submitted to the voters, the General Assembly at its next session must provide for the election of delegates to the special convention. The qualified voters elect the specific delegates to such constitutional convention.

Article XVI concerns rules of construction within the constitution itself pertaining to word usage. Article XVII, already described in this chapter under Article II, provides for poll tax exemption for members of the armed forces on active duty.

The original Virginia Constitution of 1776 consisted of 3,000 words. In 1830, the number of words was doubled with numerous revisions. In 1870, the number of words was increased six times the number in the original constitution. The present Constitution which was written in 1902 contains approximately 35,000 words. Consequently, as living becomes more complex, the constitution has become more lengthy.

State Symbolism

Certain symbols and emblems are approved by various state legislatures which indicate a particular idea or belief which is soon recognized or identified with a specific state. The official symbols of the Commonwealth are the State Seals, the State Motto, the State Flag, the State Flower, the State Song and the State Bird.

There are two state seals: the Great Seal and the Lesser Seal. The official seals now used in the Commonwealth were adopted and approved by a legislative act on March 24, 1930. The Great Seal consists of two discs, metallic in nature and two and one-fourth inches in diameter; there is an ornamental border one-fourth of an inch in width. On the front or obverse side of the Great Seal is engraved the figure of Virtus, goddess of courage, garbed as an Amazon representing the "genius of the Commonwealth." In her right hand, Virtus holds a spear which points downward toward the earth and upon which she appears to be resting; in her left hand, she holds a parazonium or sheathed sword which points upward. The head of Virtus is erect and her face upturned. The left foot of Virtus is placed on a prostrate figure of a man who represents Tyranny. The head of this symbol of Tyranny is to the left of Virtus with his distorted tyrannical symbols close by: a fallen crown, a broken chain and a scourge. At the top of this obverse side is the word, "Virginia," and at the bottom of the seal in a curved line is engraved the state motto: "Sic Semper Tyrannis" which translated means "Thus ever to tyrants," implying that such will be the fate of all tyrants.

On the reverse or opposite side of the Great Seal is engraved a group of three figures: Libertas, goddess of liberty and freedom, in the center with a wand and pileus in her right hand, Aeternitas, goddess of eternity, on her right with a globe and phoenix (a sacred bird) in her right hand and Ceres, goddess of grain and the harvest, on her left with a sheaf of wheat in her right hand and a cornucopia (horn of plenty symbolizing peace and prosperity) in her left one. At the top of the reverse side of the seal in curved line appears the word, "Perseverando." Originally, the reverse side of the Great Seal had engraved the motto: "Deus Nobis Pace Olim Fecit" meaning "God gave us this freedom" (Virgil's "Eclogues") but the motto was changed to the brief word, "Perseverando" in October 1779. George Wythe proposed the original design of the seal and George Mason originally recommended the motto for the seal at the Williamsburg Convention in 1776.

The Lesser Seal is one and nine-sixteenths inches in diameter and it consists of the figures and inscriptions found on the obverse side of the Great Seal.

On March 24, 1930, the present Flag of the Commonwealth was officially adopted. It consists of a deep blue field with a circular white center—all of bunting or merino material. Within this white circle is embroidered or painted, in such a manner as to appear alike on both sides, the official coat-of-arms of the Commonwealth: namely, the identical design of figures and inscriptions which appears on the observe side of the Great Seal of Virginia. The outer edge of the flag, the one farthest from the flag-staff, is bounded by a white silk fringe.

On March 6, 1918, the General Assembly declared the American Dogwood, known technically as the Cornus Florida or Flowering Dogwood, as the official state flower in Virginia.

It was not until 1940 that the state legislature officially adopted its state song. At this time, "Carry Me Back to Ole Virginny," written by James A. Bland, a South Carolina Negro, was declared the state song although it had been widely recognized and sung by many generations of Virginians. The Cardinal, known technically as the Cardinalis Virginianus, is considered the official State Bird.

SUMMARY

Fundamental state laws for Virginia are found in a written constitution, originally adopted in 1776. The United States Constitution provides not only the framework for our national government but also the relationships between the national government and the individual states. With the exception of these restrictions, the state constitution determines the political structure or organization within the state area and the various powers and functions granted to each governmental agency. Like all governments established by state constitutions, the state government of Virginia consists of three departments: the legislative, executive and judiciary departments.

The Virginia Bill of Rights, written by George Mason, furnished a pattern for the Bill of Rights in the United States Constitution as well as for numerous state bills of rights. The significance attached to voting even in the early post-Revolutionary period is obvious by the location of the voting qualifications in the Virginia Constitution directly following the Bill of Rights.

Some unique features about government in Virginia include Section 58 of Article IV which lists a series of prohibitions on the General Assembly as a protection for individual liberties, the fact that the Governor cannot succeed himself (only sixteen states have this restriction), the existence of three types of county government (the County Executive, the County Manager and the County Board), the lack of a village form of local government, the existence of thirty-two independent cities and the existence of three forms of city government (Mayor-Council, Commission and City Manager).

Other articles in the Constitution concern suffrage, education, public welfare and penal institutions, taxation and finance, corporations and local government. Since constitution writers realize that living conditions change from time to time, the method of making changes in a constitution whenever necessary is included in the amendment process. Thus, a recent constitutional change was a revision of Section 141 making it legally permissible to permit the use of public funds for tuition grants for pupils in private non-sectarian schools. Virginians, like the residents of other states, will undoubtedly continue to make necessary revisions when conditions so warrant in order to keep the state governmental structure a practical, adjustable foundation for a progressively changing society.

When one understands the meaning of the various symbols used by a state in order to create a specific identity or a particular recognition of its inhabitants and their ideas, the state seal, motto and flag become more significant to the citizen. Thus, it is with pride that Virginians show reverence and respect to their HALLOWED HERITAGE.