Civil Government of Virginia Part 4

25. What officers does it elect?

26. What is legislation?

27. What are contests in elections of governor and lieutenant- governor, and who decides them?

28. What is meant by each house being judge of the election, qualifications, and returns of its members?

29. What are election returns?

30. Define civil process.

31. What is perjury?

32. What is contempt of court?

33. What are the salaries of the officers and members of the a.s.sembly?

34. What is mileage?

35. What is a bill?

36. Tell how a bill becomes a law.

37. What is a committee?

38. Define amendment.

III.

EXECUTIVE DEPARTMENT.

Governor.

Elected. By the people for four years. Must reside at the seat of government during his term of office; not eligible for the next succeeding term. Salary, $5,000 a year. He shall receive no other emolument from this or any other government.

The seat of government is the city or town in which the Legislature holds its sessions. Richmond is the seat of government of the State of Virginia. Term is the period of time for which a public officer is elected. The term of the governor is four years.

He is not eligible--that is, he cannot be elected--for the next succeeding term--that is, he cannot be governor for two terms, one immediately following the other. Emolument is salary or compensation or pay.

Qualifications. Must be at least thirty years of age; must be a citizen of the United States; must have been for the five years next preceding his election a resident of the State. If of foreign birth, he must have been a citizen of the United States for the ten years next preceding his election.

Foreign birth means birth in any country outside the United States. But the children of American citizens are citizens of the United States, even though they have been born in another country.

Powers and Duties. The chief executive officer of the commonwealth; shall take care that the laws are faithfully executed; shall communicate to the General a.s.sembly, at every session, the condition of the commonwealth, and recommend such measures as he may deem expedient; may call special sessions of the General a.s.sembly; shall be Commander-in-Chief of the Land and Naval Forces of the State; may embody the militia to repel invasion, suppress insurrection, and enforce, the execution of the laws; shall conduct all intercourse with other and foreign states; may fill temporarily, during the recess of the General a.s.sembly, all vacancies in those offices for which the const.i.tution and laws make no provision; may remit fines and penalties, grant reprieves and pardons, remove political disabilities, and commute capital punishment; shall attest all commissions and grants; signs or vetoes bills pa.s.sed by the General a.s.sembly.

The governor is the chief executive officer. He is called chief because he is the highest public officer of the State, and executive because it is his duty to execute or carry out the laws.

It is also his duty to send what is called a message to each session of the General a.s.sembly. The message is a letter or statement in which he communicates to the a.s.sembly full information as to the condition of the State, and recommends such measures--that is, such new laws--as he thinks necessary.

Militia is a body composed of citizens enrolled and trained as soldiers for the defence of the State. All able-bodied male persons between the ages of eighteen and forty-five years may be called to serve in the militia. Naval forces are military forces or militia that serve on sea.

Invasion is the entrance into a State of a military force from another country for the purpose of conquest. To repel invasion is to oppose it by force, to drive off the invaders. Insurrection is a rising or rebellion of people in a State against the government of their own State. It is the duty of the governor to suppress-- that is, to put down--insurrection, and to ENFORCE the EXECUTION of the laws--that is, to carry out the laws by force if necessary.

INTERCOURSE is correspondence with others by letter or message.

When it is necessary to have intercourse with another State or a foreign country, the governor, as the chief executive and highest representative of the people, is the person who conducts such correspondence.

The recess of the General a.s.sembly is the time when it is not in session. During recess of the a.s.sembly, the governor may fill vacancies in public offices for which the Const.i.tution and laws make no provision. For example, the Const.i.tution and laws make no provision for the appointment of judges during the recess of a.s.sembly; therefore, if a judge dies during the recess, the governor appoints a person to fill the vacancy until the a.s.sembly meets and elects a new judge.

A FINE is a PENALTY or punishment in the form of payment of money.

Sometimes a person convicted of an offence against the law is ordered by the judge to pay a sum of money instead of being sent to jail. This is called a FINE. But it may happen that the person is convicted by mistake or by false evidence, or that the fine is too heavy for the person to pay. In such cases the governor may REMIT the FINES--that is, release or free the persons from having to pay.

The governor may also GRANT REPRIEVES AND PARDONS if he sees good reason for doing so. A reprieve is a delay of punishment. When a person is convicted of murder, the judge sentences him to be put to death on a certain day. But there may be reason for further inquiry into the case, and to give time for such inquiry the governor may postpone the execution of the sentence--that is, put it off to another day. This is called a reprieve. If the further inquiry should prove that the person is innocent, a full pardon is granted and the person is set free.

POLITICAL DISABILITIES are punishments which deprive persons of certain rights of citizenship. A citizen convicted of bribery in an election, embezzlement of public funds, treason, felony, or pet.i.t larceny, is by the law of Virginia deprived of the right of voting. This is a POLITICAL DISABILITY. The person convicted is legally DISABLED to vote. The governor may remove the disability, and this restores to the person his right of voting. The governor may also COMMUTE CAPITAL PUNISHMENT. To COMMUTE is to CHANGE, and CAPITAL PUNISHMENT is the punishment of DEATH--the punishment inflicted on persons convicted of murder. The governor may order that instead of being put to death the convict be imprisoned for life, or for a number of years. (A convict is a person CONVICTED or found guilty of crime.)

The governor shall ATTEST ALL COMMISSIONS AND GRANTS. To ATTEST is to certify, or bear witness to, and a COMMISSION is a written paper giving power or authority to some person or persons to perform a public duty. When a judge is elected he receives a commission authorizing him to act as such, and the governor attests the commission by signing his name to it. GRANTS or gifts, such as grants of public lands or money for educational or other public objects, are also made in writing, and must be attested by the governor. (Commissions and other important papers must have upon them an impression of the seal of the State. The seal is a circular piece of metal made like a medal or large coin and bearing on each side certain figures and mottoes. The impression of the seal shows that the paper has been officially attested or certified.)

The VETO power is one of the most important powers possessed by the governor. When a bill is pa.s.sed by the General a.s.sembly it is sent to the governor for his signature. If he SIGN it--that is, writes his name upon it--it is then a law. If he VETO the bill, or any item contained in it appropriating money, the bill, or such part of it as is vetoed, cannot become a law until it is again pa.s.sed by a two-thirds vote of both houses. (VETO is a Latin word meaning I FORBID.)

In case the Governor dies, or is in any way incapacitated for performing the duties of his office, the Lieutenant-Governor shall act; and in case of the inability of both, the President PRO TEMPORE of the Senate shall act.

INCAPACITATED for office means legally disqualified. The governor would be incapacitated if he should refuse to qualify by taking the necessary oath, or if he should reside out of the State, or if he should be convicted on impeachment.

LIEUTENANT-GOVERNOR.

Elected. At the same time and for the same term as the Governor, and his qualifications and the manner of his election in all respects shall be the same.

He shall be the President of the Senate, but shall have no vote, except in case of an equal division.

For the same term means for the same length of time. The governor is elected for four years. That is his term of office. The term of the lieutenant-governor is the same.

An equal division is an equal number voting for and against the same proposal. If a bill is proposed in the Senate and twenty senators vote for and twenty against it, that is an equal division. In such case, and in no other case, the president votes.

He may vote on either side he pleases, and his vote is called a casting vote.

ATTORNEY-GENERAL.

Elected. By the people for four years. Salary, $2,500 and mileage.

Duties. Shall give his opinion and advice when required to do so by the Governor, or by any of the public boards and officers at the seat of government; shall appear as counsel for the State in all cases in which the commonwealth is interested, depending in the Supreme Court of Appeals, the Supreme Court of the United States, the District and Circuit Courts of the United States for the State of Virginia, and shall discharge such other duties as may be imposed by the General a.s.sembly. Member of the State Board of Education.

An attorney is a person who acts for and in the place of another.

The word is usually applied to a lawyer who is employed by another to act for him in any law business he wishes to have done. An attorney who appears in a court of law and acts or defends a person, or acts against a person accused of crime, is called a counsel.

The attorney-general is a lawyer who is elected to do law business for the State. He must appear in court as counsel for the State in every case in which the commonwealth (meaning the whole people) is interested. The commonwealth is interested in every case of crime, because it is for the interest or well-being of the people that those who commit crime should be punished. If this were not done-- if criminals, persons who commit murder or burglary or theft--were not arrested and punished, no man's life or property would be safe. The attorney-general must appear and act for the commonwealth in any of the courts above mentioned whenever there is a case in any of them in which the people of the State are interested.

Depending or pending with reference to a case means that the case is in court waiting to be tried or decided. (For information as to Supreme Court of Appeals and Circuit Court of the City of Richmond, mentioned above, see under Judiciary Department.)