USA > West Virginia > History and government of West Virginia > Part 20
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4. No debt shall be contracted by the State, except to meet casual deficits in the revenue, to redeem a previous liability of the State, to suppress insurrec- tion, repel invasion, or defend the State in time of war; but the payment of any liability other than that for the ordinary expenses of the State, shall be equally distributed over a period of at least twenty years.
5. The power of taxation of the Legislature shall extend to provisions for the payment of the State debt. and interest thereon, the support of free schools, and the payment of the annual estimated expenses of the State; but whenever any deficiency in the revenue shall exist in any year, it shall, at the regular session thereof held next after the deficiency occurs, levy a tax for the ensuing year, sufficient, with the other
334 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
sources of income, to meet such deficiency, as well as the estimated expenses of such year.
6. The credit of the State shall not be granted to, or in aid of any county, city, township, corporation or person; nor shall the State ever assume, or be- come responsible for the debts or liabilities of any county, city, township, corporation or person; nor shall the State ever hereafter become a joint owner, or stockholder, in any company or association in this State or elsewhere, formed for any purpose what- ever.
7. County authorities shall never assess taxes, in any one year, the aggregate of which shall exceed ninety-five cents per one hundred dollars valuation, except for the support of free schools; payment of in- debtedness existing at the time of the adoption of this Constitution; and for the payment of any indebtedness, with the interest thereon, created under the succeeding section, unless such assessment, with all questions involving the increase of such aggregate, shall have been submitted to the vote of the people of the county, and have received three-fifths of all the votes cast for and against it.
8. No county, city, school district, or municipal corporation, except in cases where such corporations have already authorized their bonds to be issued, shall hereafter be allowed to become indebted, in any man- ner, or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein to be ascertained by the last assessment for
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 335
State and county taxes, previous to the incurring of such indebtedness; nor without, at the same time, providing for the collection of a direct annual tax, sufficient to pay, annually, the interest on such debt, and the principal thereof, within, and not exceeding thirty-four years; Provided, That no debt shall be con- tracted under this section, unless all questions con- nected with the same, shall have been first submitted to a vote of the people, and have received three-fifths of all the votes cast for and against the same.
9. The Legislature may, by law, authorize the cor- porate authorities of cities, towns and villages, for corporate purposes, to assess and collect taxes; but such taxes shall be uniform, with respect to persons and property within the jurisdiction of the authority imposing the same.
ARTICLE XI.
CORPORATIONS.
I. The Legislature shall provide for the organiza- tion of all corporations hereafter to be created, by general laws, uniform as to the class to which they relate; but no corporation shall be created by special law; Provided, That nothing in this section con- tained, shall prevent the Legislature from providing by special laws for the connection, by canal, of the waters of the Chesapeake with the Ohio river by line of the James river, Greenbrier, New river and Great Kanawha.
2. The stockholders of all corporations and joint stock companies, except banks and banking institu-
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HISTORY AND GOVERNMENT OF WEST VIRGINIA.
tions, created by laws of this State, shall be liable for the indebtedness of such corporations to the amount of their stock subscribed and unpaid, and no more.
3. All existing charters for grants of special or ex- clusive privileges under which organization shall not have taken place, or which shall not have been in operation within two years from the time this Consti- tution takes effect, shall thereafter have no validity or effect whatever; Provided, That nothing herein shall prevent the execution of any bona fide contract heretofore lawfully made in relation to any existing charter or grant in this State.
4. The Legislature shall provide by law that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate said shares and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock, shall equal, or to distribute them on the same principle among as many candidates as he shall think fit; and such ยท directors or managers shall not be elected in any other manner.
5. No law shall be passed by the Legislature, grant- ing the right to construct and operate a street railroad within any city, town or incorporated village, without requiring the consent of the local authorities having the control of the street or highway, proposed to be occupied by such street railroad.
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BANKS.
6. The Legislature may provide, by a general bank- ing law, for the creation and organization of banks of issue or circulation, but the stockholders of any bank hereafter authorized by the laws of the State, whether of issue, deposit or discount, shall be personally liable to the creditors thereof, over and above the amount of stock held by them respectively to an amount equal to their respective shares so held, for all its lia- bilities accruing while they are such stockholders.
RAILROADS.
7. Every railroad corporation organized or doing business in this State shall annually, by their proper officers, make a report under oath, to the auditor of public accounts of this State, or some officer to be designated by law, setting forth the condition of their affairs, the operations of the year, and such other mat- ters relating to their respective railroads as may be prescribed by law. The Legislature shall pass laws enforcing by suitable penalties the provisions of this section.
8. The rolling stock and all other movable property belonging to any railroad company or corporation in this State shall be considered personal property and shall be liable to execution and sale in the same man- ner as the personal property of individuals; and the . Legislature shall pass no law exempting any such property from execution and sale.
9. Railroads heretofore constructed, or that may hereafter be constructed in this State, are hereby
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HISTORY AND GOVERNMENT OF WEST VIRGINIA.
declared public highways and shall be free to all per- sons for the transportation of their persons and property thereon, under such regulations as shall be prescribed by law; and the Legislature shall, from time to time, pass laws, applicable to all railroad cor- porations in the State, establishing reasonable maxi- mum rates of charges for the transportation of pas- sengers and freights, and providing for the correction of abuses, the prevention of unjust discriminations between through and local or way freight and passen- ger tariffs, and for the protection of the just rights of the public, and shall enforce such laws by adequate penalties.
10. The Legislature shall, in the law regulating railway companies, require railroads running through, or within a half mile of a town or village, containing three hundred or more inhabitants, to establish stations for the accommodation of trade and travel of said town or village.
II. No railroad corporation shall consolidate its stock, property or franchise with any other railroad owning a parallel or competing line, or obtain the possession or control of such parallel or competing line, by lease or other contract, without the permis- sion of the Legislature.
12. The exercise of the power and the right of eminent domain shall never be so construed or abridged as to prevent the taking, by the Legislature, of the property and franchises of incorporated compa- nies already organized, and subjecting them to the public use, the same as individuals.
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ARTICLE XII. (As amended-Acts of 1901, p. 453.)
EDUCATION.
I. The Legislature shall provide, by general law, for a thorough and efficient system of free schools.
2. The State Superintendent of Free Schools shall have a general supervision of free schools, and perform such other duties in relation thereto as may be pre- scribed by law. If in the performance of any such duty imposed upon him by the Legislature he shall incur any expenses, he shall be reimbursed therefor; Provided, the amount does not exceed five hundred dollars in any one year.
3. The Legislature may provide for county superin- tendents and such other officers as may be necessary to carry out the objects of this article and define their duties, powers and compensation.
4. The existing permanent and invested school fund, and all money accruing to this State from for- feited, delinquent, waste and unappropriated lands; and from lands heretofore sold for taxes and purchased by the State of Virginia, if hereafter redeemned or sold to others than this State; all grants, devices or bequests that may be made to this State for the pur- poses of education or where the purposes of such grants, devices or bequests are not specified; this" State's just share of the literary fund of Virginia, whether paid over or otherwise liquidated; and any sums of money, stocks or property which this State shall have the right to claim from the State of Vir- ginia for educational purposes; the proceeds of the estates of persons who may die without leaving a will
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340 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
or heir, and of all escheated lands; the proceeds of any taxes that may be levied on the revenues of any cor- porations; all moneys that may be paid as an equiva- lent for exemption from military duty; and such sums as may from time to time be appropriated by the Legislature for the purpose, shall be set apart as a separate fund, to be called the "School Fund," and invested under such regulation as may be prescribed by law, in the interest-bearing securities of the United States, or of this State, or if such interest-bearing securities cannot be obtained, then said "School- Fund" shall be invested in such other solvent, interest-bearing securities as shall be approved by the Governor, Superintendent of Free Schools, Auditor, and Treasurer, who are hereby constituted the " Board of the School Fund," to manage the same under such regulations as may be prescribed by law; and the interest thereof shall be annually applied to the support of free schools throughout the State, and to no cther purpose whatever. But any portion of said interest remaining unexpended at the close of a fiscal year shall be added to and remain a part of the capital of the "School Fund": Provided, That all taxes which shall be received by the State upon delinquent lands, except the taxes due to the State thereon, shall be refunded to the county or district by or for which the same were levied.
The accumulation of the School fund provided for in section four of article twelve, of the Constitution of this State, shall ccase upon the adoption of this amendment, and all money to the credit of said fund
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CONSTITUTION OF THE STATE OF WEST VIRGINIA. 341
over one million of dollars, together with the interest on said fund, shall be used for the support of the free schools of the State. All money and taxes heretofore payable into the treasury, under the provisions of the said section four, to the credit of the school fund, shall hereafter be paid into the treasury to the credit of the general school fund, for the support of the free schools of the State.
5. The Legislature shall provide for the support of free schools, by appropriating thereto the interest of the invested "School Fund," the net proceeds of all forfeitures and fines accruing to this State under the laws thereof; the State capitation tax, and by general taxation of persons and property or otherwise. It shall also provide for raising in each county or district, by the authority of the people thereof, such a propor- tion of the amount required for the support of free schools therein as shall be prescribed by general laws.
6. The school districts into which any county is now divided shall continue until changed in pur- suance of law.
7. All levies that may be laid by any county or dis- trict for the purpose of free schools shall be reported to the clerk of the county court, and shall, under such regulations as may be prescribed by law, be collected by the sheriff, or other collector, who shall make annual settlement with the county court, which set- tlement shall be made a matter of record by the clerk thereof, in a book to be kept for that purpose.
8. White and colored persons shall not be taught in the same school.
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342 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
9. No person connected with the free school system of the State, or with any educational institution of any name or grade under State control, shall be inter- ested in the sale, proceeds, or profits of any book or other thing used, or to be used therein, under such penalties as may be prescribed by law: Provided, that nothing herein shall be construed to apply to any work written, or thing invented, by such person.
IO. No independent free school district or organiza- tion shall hereafter be created, except with the con- sent of the school district or districts out of which the same is to be created, expressed by a majority of the voters voting on the question.
II. No appropriation shall hereafter be made to any State norinal school, or branch thereof, except to those already established and in operation, or now chartered.
12. The Legislature shall foster and encourage moral, intellectual, scientific and agricultural im- provement; it shall, whenever it may be practicable, make suitable provision for the blind, mute and in- sane, and for the organization of such institutions of learning as the best interests of general education in the State may demand.
ARTICLE XIII. LAND TITLES.
I. All private rights and interests in lands in this State derived from or under the laws of the State of Virginia, and from or under the Constitution and laws of this State prior to the time this Constitution goes
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into operation, shall remain valid and secure and shall be determined by the laws in force in Virginia, prior to the formation of this State, and by the Consti- tution and laws in force in this State prior to the time this constitution goes into effect.
2. No entry by warrant on land in this State shall hereafter be made.
3. All title to lands in this State heretofore for- feited, or treated as forfeited, waste and unappropri- ated, or escheated to the State of Virginia, or this State, or purchased by either of said States at sales made for the non-payment of taxes and become irre- deemable, or hereafter forfeited, or treated as forfeited, or escheated to this State, or purchased by it and be- come irredeemable, not redeemed, released or other- wise disposed of, vested and remaining in this State, shall be, and is hereby transferred to, and vested in any person (other than those for whose default the same may have been forfeited or returned delinquent, their heirs or devisees), for so much thereof as such person has, or shall have had actual continuous pos- session of, under color or claim of title for ten years, and who, or those under whom he claims, shall have paid the State taxes thereon for any five years during such possession; or if there be no such person, then to any person (other than those for whose default the same may have been forfeited, or returned delinquent, their heirs or devisees), for so much of said land as such person shall have title or claim to, regularly de- rived, mediately or immediately from, or under a grant from the Commonwealth of Virginia or this
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344 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
State, not forfeited, which but for the title forfeited would be valid, and who, or those under whom he claims has, or shall have paid all State taxes charged or chargeable thereon for five successive years, after the year 1865, or from the date of the grant, if it shall have issued since that year; or if there be no such person, as aforesaid, then to any person (other than those for whose default the same may have been forfeited, or returned delinquent, their heirs or de- visees), far so much of said land as such person shall have had claim to and actual continuous possession of under color of title for any five successive years after the year 1865, and have paid all State taxes charged or chargeable thereon for said period.
4. All lands in this State, waste and unappropri- ated, or heretofore or hereafter for any cause forfeited, or treated as forfeited, or escheated to the State of Virginia, or this State, or purchased by either and be- come irredeemable, not redeemed, released, trans- ferred or otherwise disposed of, the title whereto shall remain in this State till such sale as is hereinafter mentioned be made, shall by proceedings in the circuit court of the county in which the lands, or a part thereof, are situated, be sold to the highest bidder.
5. The former owner of any such land shall be en- titled to receive the excess of the sum for which the land may be sold over the taxes charged and charge- able thereon, or which, if the land had not been forfeited, would have been charged or chargeable thereon, since the formation of this State, with in- terest at the rate of twelve per centum per annum,
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CONSTITUTION OF THE STATE OF WEST VIRGINIA. 345
and the costs of the proceedings, if his claim be filed in the circuit court that decrees the sale, within two years thereafter.
6. It shall be the duty of every owner of land to have it entered on the land books of the county in which it, or a part of it, is situated, and to cause him- self to be charged with the taxes thereon, and pay the same. When for any five successive years after the year 1869, the owner of any tract of land containing one thousand acres or more, shall not have been charged on such books with State tax on said land, then by operation hereof, the land shall be forfeited and the title thereto vest in the State. But if, for any one or more of such five years, the owner shall have been charged with State tax on any part of the land, such part thereof shall not be forfeited for such cause. And any owner of land so forfeited, or of any interest therein at the time of the forfeiture thereof, who shall then be an infant, married women, or insane person, may, until the expiration of three years after the re- moval of such disability, have the land, or such in- terest charged on such books with all State and other taxes that shall be, and but for the forfeiture would be chargeable on the land, or interest therein for the year 1863, and every year thereafter with interest at the rate of ten per centum per annum; and pay all taxes and interest thereon for all such years, and thereby redeem the land or interest therein: Provided, Such right to redeem shall in no case extend be- yond twenty years from the time such land was for- feited.
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346 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
ARTICLE XIV.
AMENDMENTS.
1 No convention shall be called, having the authority to alter the Constitution of the State, unless it be in pursuance of a law, passed by the affirmative vote of a majority of the members elected to each House of the Legislature, and providing that polls shall be opened throughout the State, on the same day therein specified, which shall not be less than three months after the pass- age of such law, for the purpose of taking the sense of the voters on the question of calling a convention. And such convention shall not be held unless a majority of the votes cast at such polls be in favor of calling the same; nor shall the members be elected to such convention, until, at least, one month after the result of the vote shall be duly ascertained, declared and published. And all acts and ordinances of the said convention shall be submitted to the voters of the State for ratification or rejection, and shall have no validity whatever until they are ratified.
2. Any amendment to the Constitution of the State may be proposed in either House of the Legislature ; and if the same, be- ing read on three several days in each House, be agreed to on its third reading, by two-thirds of the members elected thereto, the proposed amendment, with the yeas and nays thereon, shall be entered on the journals, and it shall be the duty of the Legislature to provide by law, for submitting the same to the voters of the State for ratification or rejection at the next general election thereafter, and cause the same to be published, at least three months before such election in some newspaper in every county in which a newspaper is printed. And if a majority of the qualified voters, voting on the question at the polls held pursuant to such law, ratify the proposed amendment, it shall be in force from the time of such ratification, as part of the Constitution of the State. If two or more amendments be submitted at the same time the vote on the ratification or rejection shall be taken on each separately.
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534 QUESTIONS
ON THE
CONSTITUTION OF WEST VIRGINIA.
ANSWERED BY REFERENCE TO SECTIONS AND ARTICLES.
HISTORICAL QUESTIONS.
THE FIRST CONSTITUTION.
1. When was the first Constitution of West Virginia adopted ?
Answer. - The third Tuesday in April, 1862, but after- ward so changed as to meet the requirements of Con- gress, and was a second time ratified by the people March 26th, 1863.
2. When and where did the Convention which framed it meet ?
Answer .- In the Federal Court room at Wheeling, No- vember 26th, 1861, and again at the same place, Feb- ruary 12th, 1863.
3. Who were the officers of the Convention, and how many members composed it ?
Answer .- John Hall, of Mason county, was chosen Presi- dent; Ellery R. Hall, of Taylor county, Secretary, and James C. Orr, of Ohio county, Sergeant-at-arms. There were fifty-two members.
4. How long did the first Constitution continue in force ?
Answer .- From June 20th, 1863, until the present Consti- tution became operative, on the fourth Thursday in August, 1872.
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HISTORY AND GOVERNMENT OF WEST VIRGINIA.
THE PRESENT CONSTITUTION.
5. When was the present Constitution of the State adopted ?
Answer .- On the fourth Thursday in August, 1872.
6. Where did the Convention that framed it sit ? Answer .- In the old Methodist Episcopal Church which stood on Virginia street, between Summers and Alder- son streets, in Charleston.
7. Who were the officers of the Convention and how many members composed it?
Answer .- Samuel Price, of Greenbrier county, was Presi- dent; Gibson J. Butcher, Secretary, and Jacob V. Cunningham, Sergeant-at-arms. There were sev- enty-eight members.
8. Has the present Constitution been amended, and, if so, when?
Answer .- Yes. Section 13 of Article III., and Section 7 of Article IV., in 1883; Article VIII., in 1879; Sec- tion 12 of Article IV., Sections 2, 3, 4, 17, and 19 of Article VII., Section 2 of Article VIII., and Section 4 of Article XII., in 1902; Section 46 of Article VI., in 1912.
ARTICLE I.
RELATION OF THE STATE TO THE UNITED STATES.
1. West Virginia is and shall remain what ? Section 1.
2. What constitutes the supreme law of the land ? Section 1.
3. What is the government of the United States de- fined to be? Section 2.
4. What powers are reserved to the State? Section 2.
5. What are the high and solemn duties of depart- ments of government created by this Constitu- tion? Section 2.
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QUESTIONS ON THE CONSTITUTION.
6. The provisions of the Constitution of the United States and of this State are operative alike when ? Section 3.
7. Any departure from this co-operation is what? Section 3.
8. Such violation tends to what? Section 3.
9. How shall the State be divided for the election of representatives in Congress? Section 4.
10. How shall each district be formed ? Section 4.
11. What shall each district contain ? Section 4.
12. How is this number to be obtained ? Section 4.
ARTICLE II.
THE STATE.
1. How many and what counties compose the State ? Section 1.
2. Of what were these counties a part prior to the Civil War? Section 1.
3. What provision relating to the Ohio river? Section 1.
4. What of the State's jurisdiction over the Big Sandy river ? Section 1.
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