Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-09-09
THE NOVEMBER VOTE
CONSTITUTIONAL AMENDMENT TO be
SUBMITTED FOR RATIFICATION.
Vacancies That Have Occurred In
tho General Assembly.

Not only will the voters Of Virginia
choose congressman at the November
election. but they will be called upon to
| vote upon the ratification OF an amend
ment to the tenth clause Of Article Of
| the State Constitution. The object OF this
! amendment is to nullify the decision OF the
Supreme Court OF Appeals in the Mary
Miller case. BY this decision the powers
of justices and magistrates were 30 CIR
cumscribed as TO increase enormously the
criminal expenses Of the Commonwealth.
~. THE AMENDMENT.
The act authorizing the submission OF
the amendment to the people. and which
freely explains It's scope and how It shall
be voted upon reads;
1. Be 1t enacted by the General As
sembly of Virginia, That 1t shall be the
duty of the officers conducting the cleo
ton directed by law to be held on the
first Tuesday after the first Monday In
November. eighteen hundred and ninety
four at the places appointed Tor mold
ing the same, to open a poi 10 take the
sense OF the qualified voters OF TINS COM
monwealth upon the ratification or re-
lection or Inc w eh@ COiiSA4-
tuition Of Virginia contained In the joint
resolution proposing an amendment TO the
eaid Constitution in relation TO the mode
Of trial In criminal or capital prosecutions
and directing a submission OF SAID pro-
posed amendment to the people Tor their
approval and ratifcation-to VIII: Strike
from tho Constitution of virginia the
tenth clause OF Article l OF the same.
which Is in these words:
'
Section 10. That in all capital or crim-
nal prosecutions a man hath the right TO
demand the cause and nature of his accu-
satlon, to be confronted with the accusers
and witnesses, to call for evidence In his
favor. and to a speedy trial by an Impair
tial Jury OF his vicinage, without WHOSE
unanimous consent he cannot be found
guilty. nor can no be compelled 10 give
evidence against himself that no man
can be deprived of his liberty except by
the law of the land or the judgment OF
his peers.
And in lieu thereof insert the following:
Section 10. That in all criminal or capt.
tai prosecutions man hath right 10
demand the cause and nature of his accu-
sation, to be confronted with his accusers
and witnesses, to call for evidence In his
favor, and to a speedy trial by an I'M
partial Jury of his vicinage, without
whose unanimous consent he cannot be
found guilty; but the General Assembly
may, by law, provide for the trial other
wise than by jury OF a man accused
of a criminal offence not punishable by
death or confinement in the penitentiary;
nor can he be compelled TO give evidence
against himself; that no man be deprived
OF his liberty except by the law of the
land or the judgment Of his peers.
THE SCHEDULE.
Schedule.-At such election each OF said
voters who shall approve said amend
ment shall, on the ballot which he uses
TO vote at said election, have written or
printed the words, For the amendment
TO the Constitution: and each OF said
voters who shall be opposed to said
amendment shall, on the ballot which he
uses to vote at said election. have written
or printed the words, Against the amend
ment to the Constitution"
That Immediately after closing the polls
the said officers shall count the ballots
deposited at said election for and against
said proposed amendment and shall
make return thereof at the time and in
the manner provided by law as in the
case of other elections, and 1t shall be the
duty of the clerks and commissioners Of
election TO each county, respectively, to
make out, certify. and forward an alb
stract of the votes cast for and against
said proposed amendment in the manner
now prescribed by law In relation to
votes cast In general election.
CANVASSING THE VOTE.
II shall be the duty Of the Secretary OF
the Commonwealth and of the State
Board Of CanVassers to open and can
vass the said abstract OF returns, and 10
examine and make statement OF the whole
number OF votes given at said election
for said proposed amendment and against
said proposed amendment, respectively,
in the manner now prescribed by law
in relation TO votes cast in general cleo
ton, and 1t shall be the duty OF the Sec
rotary Of the Commonwealth TO record
said certified statement in his ONCE, and,
without delay, TO make out and transmit
to the Governor OF the Commonwealth
an official copy of said statement, certi-
fed by him under his seal Of office.
The Governor shall, without delay,
make proclamation OF the result. stating
therein the aggregate vote for and against
said amendment. to be published in such
newspapers in the State as may be DEEM
cd requisite for general information, AMI
IL majority Of said votes be cast for
the ratification Of the amendment he
shall annex TO his proclamation a copy
thereof
The Secretary OF the Commonwealth
shall cause to be sent to the clerks OF
each county and corporation as many
copies of this act az there are places Of
voting therein and il shall be the duty
Of said clerks to deliver the same TO the
sherlms for distribution. whose duty il
shall be forthwith to post the said copies
at some public place in each election dis
trict
The expenses incurred in conducting this
election shall be betrayed as in the case
of the election Of members Of the General
Assembly.
2. This act shall be in force from its
passage
1T WILL BE RATIFIED.
There is no question that the amend
ment Will be ratified with great unani-
nifty, but no change can be made in the
present mode of trial Of the cases TO be
covered until the General Assembly shall
have enacted laws in harmony with the
amendment. This will be done by the
General Assembly of 1855. unless some
thing arises which Governor O'Ferrall
may think will justify him in calling the
present Legislature together in extra ses-
sion.
Vacancies in the General Assembly will
also be filled at the November election.
The representation in the present Gene
raj Assembly mas already been diminished |
by the death Of three members of the
House Of Delegates, and the resignation
of one member of the Senate. Delegates
Knox Thompson. of Dinwiddie: r. =. |
Graves. Of Orange. and James $. Jones, |
of King and Queen. have died. and Sena- |
tor Arthur L. Herbert. of Norfolk city, |
has resigned.
ELECTED TO JUDGESHIPS.
Hon. r. II. Cardwell, OF Hanover, has |
been elected to the Supreme Court OF |
Appeals bench, and Delegate Nlcol. OF |
Prince William. and Senator Harrison, |
OF Winchester, have been elected 10 circuit |
judgeships. These gentlemen will take |
their seats as judges on January /. 1895, |
and will. of course, vacate their legis- |
lative seats before that time
VIRGINIA GOOD TEMPLARS.