PROPOSED AMENDMENTS TO THE AN ADDRESS BY C. H. MORRISSETT A quarter of a century is "but as a single heart-throb in the breast of time;" a quarter of a century is only a brief period in the lives of nations, but a quarter of a century is very material in the lives of men and of State constitutions. Less than a month ago, Virginia's Constitution of 1902 celebrated the twenty-fifth anniversary of its birth. The Convention which framed it assembled in the City of Richmond on the twelfth day of June, 1901. It adjourned sine die on the twenty-sixth day of June, 1902. By proclamation, the Constitution went into effect at noon on the tenth day of July, 1902. Many of the able men who framed the Constitution now sleep with their fathers. Many of its restrictive provisions are now retarding governmental progress. Conditions change so rapidly, and sometimes so unexpectedly, that mere legislation ordinarily has no place in the organic law of a State. Yet it has become customary in this country for the States to use their State constitutions for the purposes of ordinary legislation, and this is the reason why a quarter of a century is very material in the lives of State constitutions. Notwithstanding the criticism which has been directed against the Constitution of 1902, and notwithstanding the fact that in numerous instances it violates the principle that ordinary legislation has no place in the organic law of a State, yet on the whole that Constitution has served Virginia well. Most of the criticism has been directed against some of the restrictions upon the legislative power which the Constitution contains and which the State has outgrown. With the removal of these restrictions Virginia will have a Constitution which will compare favorably with that of any other State. The Constitution has been amended ten times since it went into effect. The sections amended are as follows: 32, 110, 117 (twice), 119, 120, 133, 136, 138 and 184. No amendments have been consummated since 1920. From time to time there has been some demand for a Constitutional Convention to revise and amend the Constitution. This movement culminated in 1922 by the passage of an act submitting to the voters the question of calling a Constitutional Convention; but at the polls in the fall of that year, the proposition was overwhelmingly defeated. The people were not willing to call a Convention at an expense of approximately $1,000,000; but the sentiment for some material revision continued to grow, and in the gubernatorial campaign of 1925 the successful candidate suggested a feasible and an inexpensive plan, to-wit, the appointment of a qualified commission consisting of a limited number of able and patriotic Virginians to study the Constitution and to suggest needed amendments. Governor Byrd, in his inaugural address, repeated this suggestion to the General Assembly, and in 1926 the Assembly enacted a statute providing for the appointment of a Commission to Suggest Amendments to the Constitution of Virginia, the membership being limited to seven. In conformity with that act, Governor Byrd appointed the following distinguished Virginians: Robert R. Prentis, R. Gray Williams, William Minor Lile, Robert M. Hughes, Joseph H. Chitwood, H. C. Stuart, and William Meade Fletcher. The personnel of the commission thus assured a good report. Judge Prentis served as chairman and Mr. Williams as secretary. The report of the Commission was laid before the General Assembly at its extra session of 1927, which had been called by Governor Byrd to consider the administrative reorganization of the State government as well as the proposed constitutional changes. Under the matchless leadership of Governor Byrd, the General Assembly not only reorganized the administration of the State government, but formally proposed a majority of the sugges tions made by the commission on constitutional changes. A few of the suggestions were rejected altogether, a few others were modified and then adopted, and a few amendments were proposed by the General Assembly upon its own motion. It would not be profitable in a review of the pending constitutional amendments to attempt to trace the origin and history of each one. Suffice it to say that all of the pending amendments have been duly proposed by the General Assembly as the representatives of the people. In 1924 the General Assembly proposed three amendments to the Constitution, and in 1926 there was the necessary concurrence in each case, but the Assembly in 1926 failed through oversight to enact the legislation necessary to submit the proposed amendments to the people at the general election in the fall of 1926. At the extra session of 1927, the necessary legislation was enacted, as it was reasonably certain that its enactment at that session was legal, and these three amendments will be submitted to the people at the general election in November, 1927 (Acts 1927, p. 8). They are as follows: 1. To amend Section 22 so as to exempt the wives and widows of veterans of the War Between the States from the payment of the State poll tax as a prerequisite to the right to register or vote, the exemption being now restricted to veterans of such war; 2. To amend Section 186 so as to permit the General Assembly to make appropriations out of the State treasury payable at any time within two years and six months after the end of the session of the General Assembly at which is enacted the law authorizing the same (instead of the maximum of two years now fixed). The result of this proposal will be to permit the General Assembly to fix the appropriation year of the State from July 1 to June 30 instead of from March 1 to February 28 or 29, as at present. If the appropriation year is thus changed the fiscal year and the appropriation year will coincide-“a consummation devoutly to be wished." 3. To amend Section 170 so as to authorize a county having a population greater than five hundred inhabitants per square mile, as shown by the United States census, to impose taxes or assessments upon abutting landowners for making and improving the walkways upon then existing streets, and improving and paving then existing alleys, and for either the construction, or for the use of sewers, provided that the same when imposed shall not be in excess of the peculiar benefits resulting therefrom to such abutting landowners. This amendment is designed to apply only to counties having city conditions, and it gives such counties no greater latitude than the present section gives cities and towns. It is said that the amendment will not now apply to any county except the county of Arlington. As before stated, the foregoing three amendments will be voted on by the people in November of this year. The other pending amendments will not be voted on by the people until November, 1928, and not then, unless the General Assembly at its session of 1928 concurs in them. The amendments which will be voted on in November, 1928, if the General Assembly at its session of 1928 concurs in them, are contained in five resolutions. These resolutions are as follows: 1. A resolution adopted at the extra session of 1927 which will be hereinafter referred to as "The General Resolution." This resolution in form proposes only one amendment, but that amendment consists of striking out from the Constitution of Virginia Articles I to XV thereof, both inclusive, and Sections 1 to 197 thereof, both inclusive (except Section 81 of Article V, Section 131 of Article IX, Section 145 of Article X, Section 170 of Article XIII, and Section 171 of Article XIII), and inserting in lieu thereof the matter contained in the resolution. This resolution therefore proposes to strike out the entire existing Constitution with the exceptions specifically pointed out, and to substitute the matter contained in the resolution, as aforesaid. The old section numbers are unchanged and many of the sections themselves are identical with the existing sections. 2.. A resolution adopted at the regular session of 1926 which will be hereinafter referred to as "The Short Ballot Resolution." This resolution proposes to amend Sections 80, 81, 131 and 145, which sections, other than Section 80, are expressly excepted from the general resolution of 1927. 3. A resolution adopted at the regular session of 1926 which will be hereinafter referred to as "The Segregation Resolution." This resolution proposes to amend Section 171, which section is likewise expressly excepted from the general resolution of 1927. 4. A resolution adopted at the regular session of, 1926 which will be hereinafter referred to as "The Resolution Prohibiting Certain Special, Private and Local Legislation." This resolution proposes to add a new section to the Constitution, to be numbered 64-a, consequently there was no need to mention it in the general resolution. 5. A resolution adopted at the extra session of 1927 which will be hereinafter referred to as "The Benefit Assessment Resolution." This resolution proposes to amend Section 170, which section is expressly excepted from the general resolution of 1927. Thus it is seen that the resolutions cover the entire Constitution and that all of the sections not covered by the general resolution are covered by the other resolutions. THE GENERAL RESOLUTION ARTICLE I BILL OF RIGHTS In any case of felony or misdemeanor, upon a plea of guilty, tendered in person by the accused, and with the consent of the attorney for the Commonwealth, entered of record, it is now made mandatory upon the court, by Section 8 of the Constitution, to hear and determine the case without the intervention of a jury; and in any case of misdemeanor, upon a plea of not guilty, with the consent of the accused given in person and of the attorney for the Commonwealth, both entered of record, the court may now, in its discretion, hear and determine the case without the intervention of a jury. If the prosecution be for a felony, and the accused plead not guilty, no provision is |