Civil Government of Virginia

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A NOTARY, or notary public, is an officer who attests or certifies
deeds and other papers, under his official seal. Statements in
writing that require to be attested for business or legal purposes
are usually taken to a notary to be signed by him after the party
has made oath that the statements are true.

Conductors of railroad trains may arrest any persons who violate
the peace on their trains, and keep such persons in custody until
they can be given over to the proper authorities for trial.
Railroad depot agents may do the same at their depots, and the
masters or captains of steamers may do the same on their vessels
while sailing in the waters within the State. This is what is
meant by being CONSERVATORS of the peace. Judges have the same
power throughout the State, and justices, commissioners in
chancery, and notaries within their districts.

SCHOOL DISTRICTS.

Each magisterial district is also a school district, for which see
under Education, page 99.

SCHOOL TRUSTEES.

One school trustee is appointed annually for each school district;
see page 99.

DISTRICT BOARD OF SCHOOL TRUSTEES.

This board is composed of three trustees of the district; for its
duties, see page 99.

QUESTIONS.

1. How many magisterial districts is a county divided into?

2. For how long is the supervisor elected?

3 What are the duties of a supervisor?

4. How many justices of the peace are elected for a district?

5 What are the duties of a justice of the peace?

6. What is a conservator of the peace?

7. What is an attachment?

8. For how long is a constable elected?

9. What are the duties of the constable?

10. For how long is the overseer of the poor elected?

11. What remuneration does he receive?

12. Name some of his duties.

13. What is a legal settlement?

14. What is a minor?

15. Who are conservators of the peace?

16. What is a notary?

17. What provisions with regard to schools are mentioned as being
made in the magisterial districts?

X.

GOVERNMENT OF CITIES AND TOWNS.

A City is an incorporated community containing within well-defined
boundaries five thousand or more inhabitants.

A Town is an incorporated community of less than five thousand
inhabitants.

A Council includes any body or bodies authorized to make
ordinances for the government of a city or town.

An incorporated town or city is a community chartered as a
corporation, for explanation of which, see page 14.

Ordinances are laws made by the council of a city or town for
managing the public affairs of the city, or town.

COUNCIL.

In towns it is composed of the Mayor and six Councilmen, elected
every two years by the people of the town on the second Tuesday in
June. The Mayor and each Councilman have the power and authority
of a justice in civil matters within the corporate limits, and in
criminal matters within these limits and one mile beyond them; may
issue processes, and may hear and determine prosecutions, etc. In
cities the Councilmen of each ward are elected by the people of
such ward. The Council of cities of over ten thousand inhabitants
is made up of two branches:--the Board of Aldermen and the Common
Council, all of whom are elected for four years, one-half being
chosen every two years. These provisions may be modified by the
city charter. Members of Common Council shall hold no other office
in cities; no city officer shall hold a seat in the General
Assembly.

It is the aim of the Constitution that, so far as possible, all
cities shall be organized under general laws.

A city charter is the law under which the city is governed. It is
passed by the General Assembly, and it makes the city a
corporation. It states what powers the corporation may exercise
and what officers it may appoint or elect to carry on its
government.

A charter is for a city what a constitution is for a State. It
prescribes the system under which the city is to be governed.

The powers of the mayor and the councilmen as justices are
modified--that is, regulated--by the city charter, so that they
may not be exactly the same in all cities.

Cities are divided into districts called wards, and each ward
elects a certain number of councilmen.

POWERS. To levy taxes; create corporate debt; impose tax on
licenses; enact ordinances, and prescribe fines or other
punishment for the violation thereof; appoint a collector of
taxes, and other officers; disburse all money collected or
received for the corporation; lay off and keep in order streets
and public grounds; provide necessary buildings, a fire
department, water works, cemeteries, etc.; abate nuisances;
establish election districts; alter and rearrange wards; provide
for weighing articles of merchandise; judge of the election,
qualification, and returns of its own members; protect the
property of the city, and preserve peace and good order therein.

To create corporate debt is to borrow money for carrying out
purposes of city government. Charters of cities give power to
borrow money for such purposes.

A nuisance is anything that is annoying or offensive, or dangerous
to the health of citizens.

The council may provide in various parts of the city public
weighing machines for weighing articles of merchandise purchased
by citizens who may wish to ascertain whether they have got honest
weight.

To protect the property of the city and to preserve peace and
order is the most important business of the council. For this
purpose it has power to organize and maintain a police force.

Mayor of City.

Elected by the people of the city for a term of four years;
presides over the Council; and his powers and duties may be
modified by the city charter.

Duties. The chief executive officer of the city; shall see that
the duties of the various city officers are faithfully performed;
may suspend for cause all town or city officers.

To suspend an officer is to remove him from his office for a time
until any charge made against him of neglect of duty is
investigated and decided on.

City Sergeant.

Elected by the people for four years.

Duties. Shall perform the duties, etc., prescribed by the city
charter; and shall also within the jurisdiction of the courts of
his city exercise the same powers, perform the same duties, and be
subject to the same liabilities as the sheriff of a county; in
towns he shall have the same powers and discharge the same duties
as constables, within the corporate limits and for one mile beyond
them; shall be the executive officer of the Corporation Court.

LIABILITY means responsibility. Sheriffs are responsible or
answerable for the performance of their duties, and if they fail
to perform them they may be fined or imprisoned. City sergeants
are under the same liabilities.

CITY CLERK.

Elected by the people for eight years. See under Officers of
Court.

COMMISSIONER OF THE REVENUE.

Elected by the people for four years. See County Organization.

COMMONWEALTH'S ATTORNEY.

Elected by the people for four years. See County Organization.

TREASURER.

Elected by the people for four years. See County Organization.

SHERIFF OF RICHMOND CITY.

Elected by the people for four years.

Duties. Shall attend the Circuit and Chancery Courts, and act as
their executive officer; shall exercise the same powers, perform
the same duties, have the same fees and compensation therefor, and
be subject to the same penalties touching all processes issued by
said courts, or by the clerks thereof, or otherwise lawfully
directed to him, that the sheriff of a county exercises, performs,
and is entitled or subject to in his county.

CITY SUPERINTENDENTS OF SCHOOLS.

Superintendents of Schools for cities are appointed by the State
Board of Education. See under Education, page

QUESTIONS.

1. Define city, town, council.

3. What are ordinances?

8. Of whom is the council composed?

4. What is the term of office of a member of council?

5. What are the powers of the council?

6. How are the Councilmen in cities elected?

7. In cities of over ten thousand inhabitants how is the Council
made up?

8. Of whom is the Common Council composed?

9. Are members of this body permitted to hold any other office?

10. What is a city charter?

11. What do you understand by the powers of the mayor and the
councilmen as justices being modified?

12. What are wards?

13. Name some of the powers of the council.

14. What does creating corporate debt mean?

15. What is a nuisance?

16. What is the most important business of the council?

17. How is the mayor of a city chosen, and what is his term of
office?

18. What are the mayor's duties?

19. What does suspending an officer mean?

20. How is the city sergeant chosen, and what is his term of
office?

21. Name some of his duties.

22. What does liability mean?

23. What is the term of office of the commissioner of the revenue,
the commonwealth's attorney, and the treasurer?

24. How long does the sheriff of Richmond City hold office?

25. Name some of his duties.

26. Who appoints superintendents of schools for cities?

XI.

EDUCATION.

STATE.-BOARD OF EDUCATION.

Composed of the Governor, Superintendent of Public Instruction,
Attorney-General, three experienced educators elected from the
faculties of certain State institutions, one City Superintendent
of Schools, and one County Superintendent of Schools. These eight
constitute the State Board of Education, and their several powers
and duties as members of the Board are identical except that the
two division superintendents shall not participate in the
appointment of any public school official.

This Board shall have the management and investment of school
funds; make by-laws for its own government, and for carrying into
effect the school laws; audit claims payable out of State funds;
arrange for summer normal schools of teachers for instruction in
processes of school organization, discipline, and management;
select text-books and educational appliances for use in the public
schools of the State; appoint (and remove), subject to
confirmation by the Senate, all county and city superintendents,
and regulate all matters arising in the practical administration
of the school system not otherwise provided for.

The three State officers are ex officio members of the Board. The
three experienced educators are elected quadrennially by the
Senate from a list of eligibles consisting of one from each of the
faculties and nominated by the respective boards of visitors or
trustees of the University of Virginia, the Virginia Military
Institute, the Virginia Polytechnic Institute, the State Female
Normal School at Danville, the School for the Deaf and Blind, and
also of the College of William and Mary so long as the State
continues its annual appropriation to the last-named institution.
The city and county superintendents are selected by the other six
members for terms of two years each.

School funds are moneys set apart or provided for the support of
schools. In Virginia, school funds are provided by the State, the
counties, and the districts (see under School Funds).

By-laws are laws or rules made by any association for the
management of its affairs. The Board of Education makes by-laws
for its own government and for administering the laws relating to
the schools.

Claims payable out of State funds are claims which by law are to
be paid out of the State funds. Such claims must be audited by the
Board of Education. The salaries and expenses of State education
officers are paid out of the State fund, and portions of the fund
are divided among the counties and cities for the support of
schools.

By arranging for meetings of teachers for instruction in the
processes of school organization, discipline, and instruction, the
State Board of Education does much to improve the schools of the
State, and the great yearly institutes are of the highest value to
the schools.

One of the most important duties of the State Board is in
connection with the selection of text-books and the approval of
educational appliances for the equipment of schools.

The general duties of the State Board of Education consist in
regulating all matters arising in the practical administration of
the school system not otherwise provided for. Uniformity of
practice throughout the schools of the State is of the greatest
importance, and the State Board wisely secures this by keeping in
constant correspondence with officers and teachers throughout the
system.

The State Board of Education chooses its own secretary, who is
entrusted with many important duties in carrying out the plans and
work of the board.

As all division superintendents are appointees of the State Board,
it is provided in the Constitution that the two who are members of
the State Board shall not participate in the election of school
officers.

SUPERINTENDENT OF PUBLIC INSTRUCTION.

Elected by the people of the State for four years; salary, $2,000,
and necessary traveling expenses; shall have his office at the
capital; shall be the chief executive of the public free school
system; shall determine the true intent and meaning of the school
laws; shall receive reports from school officers; inspect schools,
and decide appeals from the decisions of county superintendents;
apportion State funds among the counties and cities of the State.

The public free school system is the system under which, as
required by the law of Virginia, the public schools are free to
all persons between the ages of five and twenty-one years residing
within the school districts.

The superintendent of public instruction is the chief executive
officer of the system, and when any dispute arises among school
officers as to the meaning or application of school laws, it is
his duty to determine--that is, to decide--it.

The superintendent of public instruction is also to a large extent
a judicial officer, and his decisions as to the true intent and
meaning of the school laws have very nearly as much force as the
decisions of the courts.

The reports received from school officers by the State
superintendent are embodied in his report made every two years to
the governor, and by him transmitted to the General Assembly.

This report, in addition to the information received from the
county and city superintendents, contains a large amount of
statistics and reports in regard to private schools, colleges, and
other institutions which are more or less under the care and
subject to the control of the State.

COUNTY.--COUNTY AND CITY SUPERINTENDENTS.

Term, four years, beginning July 1st after appointment; must
reside in the county or city for which he is elected, and shall
hold no elective office; shall explain the school system, examine
teachers and grant certificates, promote the improvement and
efficiency of teachers, advise with and counsel trustees and
teachers, visit and examine schools under his care and inquire
into whatever concerns their usefulness and perfection; decide
appeals and complaints; administer oaths and take testimony;
apportion the school funds among the districts.

The county and city superintendents must hold examinations at
certain times in their counties or cities to examine persons
desiring to become teachers, and if, after examination, such
persons are found qualified, they receive certificates as
teachers.

In any case of appeal or complaint against any person connected
with the schools in their districts the county or city
superintendents must hold inquiry into the matter and give
decision upon it. In making such inquiry they can call witnesses
and administer oaths to such witnesses before taking their
testimony.

It is also the duty of the superintendents to prepare annually a
scheme or plan for apportioning the State and county school funds
among the school districts under their supervision.

SCHOOL TRUSTEE ELECTORAL BOARD.

Composed of the County Superintendent of Schools, the
Commonwealth's Attorney, and a resident qualified voter, not a
county or state officer, to be appointed by the Judge of the
Circuit Court; shall fill all vacancies in the district boards of
school trustees. In cities and towns school trustees are appointed
by municipal councils.

A vacancy occurs every year in each district board. The district
board when first formed was composed of three members, one to
serve three years, one to serve two years, and the other to serve
one year, all appointments afterwards to be for three years each.
Thus there is one vacancy every year in the board, and it is the
duty of the School Trustee Electoral Board to appoint a new
trustee to fill the vacancy.

County School Board.

Composed of the County Superintendent (who is ex officio
president) and the District School Trustees of the county--"a body
corporate"; shall make necessary bylaws and regulations, shall
have a regular annual meeting between the 1st and 15th of August;
shall prepare and file with the Superintendent before July 15th an
estimate of the amount of money that will be needed for public
school purposes in the county for the next year, also a similar
list for each school district based on the estimate of the
District Board, which lists the Superintendent shall lay before
the Board of Supervisors; shall make settlement with treasurers
and school officers; shall administer certain properties devoted
to school purposes.

Ex officio is a Latin phrase meaning by virtue of office. The
county superintendent is president of the County School Board, not
by election or appointment, but because of his office as county
superintendent.

A body corporate is a corporation, the meaning of which term is
explained on page 14.

Property of any kind, either public funds or donations from
private persons, set apart or devoted to school purposes in the
county is administered by the County School Board--that is,
managed and used by the board for the support of schools in the
county.

District.--School Districts.

Each county shall be divided into compactly located school
districts, which shall correspond with the magisterial districts,
unless specially subdivided; except that a town of five hundred or
more inhabitants may form a separate school district.

School Trustees.

One shall be appointed annually for each district for a term of
three years; must be able to read and write.

School trustees are appointed annually by the School Trustee
Electoral Board, as explained above.

District Board of School Trustees.

"A body corporate"--composed of the three trustees of the
district; shall hold and manage the school property of the
district; provide suitable school houses, etc.; enforce school
laws; employ and dismiss teachers; suspend and dismiss pupils; see
that census of children of school age (5 to 21) is taken every
five years; submit to the County School Board annually an estimate
of the amount of money needed for public school purposes in the
district for the next scholastic year.

In cities the Board is composed of all the trustees in the city,
and its duties and powers are modified and enlarged.

The census of children is the numbering or counting of the
children residing in the district.

The scholastic year is the part of the year during which the
schools are open.

The District Board of School Trustees has the whole care and
administration of the schools in its charge, and is thus the most
important local body in the civil government of the State.

School Funds.

1. State Funds. The interest on the literary fund, the capitation
tax, and a tax on property of one mill on the dollar.

2. County Funds. Such tax as the Board of Supervisors may levy for
county school purposes; fines and penalties imposed on the
Superintendent; donations, or the income arising therefrom.

3. District Funds. Such tax as the Board of Supervisors may levy
for the purposes of the school district; fines and penalties
imposed on district school officers and teachers; donations, or
income arising therefrom.

The County or City Treasurer receives and pays out all school
funds.

For explanation of literary fund, see page 37, and for capitation
tax, see page 82. The tax of one mill on the dollar means a tax of
one mill on each dollar of the assessed valuation of the property.

Certain fines and other money penalties may be imposed by the
Board of Education or by the courts or county superintendents for
failing or refusing to perform certain duties Such fines and
penalties are added to the school fund for the county

When district school officers or teachers are fined for neglect of
duty the money goes to the district fund. Donations are
contributions or gifts from private individuals. If such gifts are
real estate, the income arising therefrom is the rent of such real
estate or the interest on the amount realized by its sale.

Teachers.

Must hold a certificate of qualification in full force, issued or
approved by the Superintendent of Schools of the county or city
within which he proposes to teach.

The law requires that a teacher must be at least eighteen years of
age. If the teacher has the necessary education to pass the
required examination, a certain maturity is necessary to insure
good judgment in the government and discipline of the school.

The value and success of all government depend largely upon the
character and ability of those in authority, and this is
especially true in the government of the school.

For teachers' certificates of qualification, see above under
County and City Superintendents.

QUESTIONS.

1. Who compose the Board of Education?

2. Name some of the duties of this board.

3. What is meant by nomination being subject to confirmation by
the Senate?

4. What are school funds?

5. What are by-laws?

6. What are claims payable out of State Funds?

7. What important work is done at the meetings of teachers
arranged by the State board of Education?

8. What very important duty has the State Board to perform in
reference to books?

9. What are the general duties of the board?

10. How is the superintendent of public instruction chosen?

11. What is his salary?

12. What are his duties?

13. What is the public free school system?

14. What is the extent of the power of the superintendent of
public instruction?

15. How often does the superintendent report to the General
Assembly, and what information does his report contain?

16. Who appoints county and city superintendents, and what is
their term of office?

17. Name some of the duties of these officers.

18. Who compose the School Trustee Electoral Board?

19. What are their duties?

20. Who compose the County School Board?

21. Name some of the duties of this board.

22. How are school districts laid out?

23. How are school trustees chosen, and what is their terra of
office?

24. Of whom is the District Board of School Trustees composed?

25. Name some of the powers of this board.

26. Of whom is the City Board of Trustees composed?

27. What is the census of children?

28. What is a scholastic year?

29. Tell what State funds, county funds, and district funds are.

30. Who receives and pays out all school funds?

31. What does the tax of one mill on the dollar mean?

32. From what sources besides the tax on property are school funds
obtained?

33. What are the qualifications of teachers?

OUTLINE OF COLONIAL AND STATE HISTORY.

1497. John Cabot discovered Labrador, the basis of the English
title to Virginia.

1585. Virginia was so named by Queen Elizabeth in honor of her
unmarried state.

1606. Charter granted to the London Company.

1607. Settlement at Jamestown.

John Smith, "the Father of the Colony," rescued from death by
Pocahontas, the daughter of Powhatan, the King of the Pamunkey
Indians.

1608. John Smith President of the Colony.

1609. The London Company receives its second Charter.

1610. "The Starving Time."

1612. Culture of tobacco commenced.

1613. Pocahontas marries John Rolfe.

1617. Death of Pocahontas at Gravesend, England.

1618. "The Great Charter of Virginia" granted by the London
Company.

1619. Slaves landed from a Dutch ship.

First Colonial Assembly meets at Jamestown, July 30.

1621. Formal grant of free government by a written charter.

A Council of State and a General Assembly established--the model
of every subsequent provincial form of government.

1622. Massacre of settlers by Indians under Opechancanough.

1624. Fall of the London Company.

Virginia becomes a royal province.

1644. Second Indian Massacre. Opechancanough captured and killed.

1652-60. Virginia under the Commonwealth.

1660. Called the "Old Dominion."

Navigation Acts put into operation by British Government.

1673. Grant to Lords Culpeper and Arlington of immense estates by
Charles II.

1676. Bacon's Rebellion. 1693. William and Mary College chartered.

Postal System adopted.

1698. The seat of government removed to Williamsburg.

1699. The Huguenots settle in Virginia.

1700. First Commencement of William and Mary College.

1732. Scotch-Irish and Germans settle in the Shenandoah Valley.

George Washington born February 22.

1733. Founding of Richmond at the Falls of the James.

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