Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1902-09-20
CORRESPONDENTS.
Virginia's New Constitution.

L enclose copy OF the Constitution
adopted by the late State Convention.
am among those who do not claim
that it is Il perfect instrument, yet | be-
lieve you will find many substantial i'm
provements upon the old, or Underwood
Constitution" and that it is the most up
to-date organic law that has been writ
ten as it is the latest i'll point of time.
I will not attempt full detail. This
would occupy too much of your time
and space.
At first glance you will doubtless
regard the Constitution as an unusually
lengthy paper of the fundamental law
class. 1t is; but Constitution making is
growing i'll volume with the times.
Society, artiticially, has become more
complex with new needs and interests
to be supplied and regulated. Take, for
instance
CORPORATIONS,
a new subject, occupying fifteen printed
pages. This is drastic Article, and
though seemingly complete theoretically,
it may be found defective i'll practice.
1t creates Il Corporation Commission of
three members whom it endows with
powers almost plenary. In dealing with
g"osi Public Corporations it gives the
Commission authority to establish rates,
charges and classification power to EN-
force rates, rules and regulations that
may be necessary to prevent unfair, un-
equal or unjust discrimination by trans
portatiOn or transmission companies. 1t
has, in short, the power, and is charged
with the duty of supervising, regulating
and controlling transportation and trans
mission companies. In this particular it
goes further than the Interstate Com
merce Commission law, which does not
control public-service cOmpanies-a lack
which the Interstate Commerce Com
mission claims should be supplied.
This Article includes also the Fellow
Servant" provision, which, perhaps
properly, should have been left to statu-
tory adjustment, but which the Legisla
ture had not made up to that time, and
the Convention would not longer leave
the matter to Legislative discretion.
This Article provides also that all
charters he shall be granted by the Com
mission.
This Article is made notable by the
strenuous prohibition that if any member
of the General Assembly, or any State,
county district or municipal officer ac-
cepts any frank, free pass, or free trans
portation, he shall forfeit his Office.
The Article OH
TAXATION
is also believed to he a step forward 1t
will be observed, Section l6S. that in
stead of declaring that taxes shall be
equal and uniform" as in the old Con-
stitutiOn, it affirms that all taxes shall
be uniform upon the same class of sub
jects within the territorial limits of the
authority levying the tax
This Article provides further that each
railroad company shall pay a tax upon
its roadbeds and other real estate,
rolling stock, etc, and an Annual State
Franchise Tax equal to one pc, rent. of
the gross receipts from railroad traffic,
taking into consideration the terminal
facilities. 1t is competently estimated
that the State will receive annually at
least a quarter of million dollars more
from this single source of taxation than
heretofore.
The Article OIL
PUBLIC INSTRUCTION
exceeds its predecessor i'll length and
liberality. 1t makes a radical change III
the composition of the State Board of
Education, including now the Governor,
Attorney General, Superintendent of
Public Instruction and three educators
to he elected by the Senate from list of
eligibles made up from the University
and College faculties of the State.
The Article OIL
MUNICIPAL GOVERNMENT
is important. The Legislature is not
permitted to grant charters indlscrimi-
nately to cities and towns where such
proposals may be met under general
law. 1t protects public franchises and
limits the period for which they may be
granted to thirty years. 1t also fixes the
mdrim"m of assessment percentage uS)
at which municipalities may issue bonds.
a most important change occurs i'll the
Article OH
PUBLIC INSTITI TIoNS AND PRISONS
in that the control of all the State hos
pitals is placed under ii general board
which. i'll turn, appoints officers for the
several hospitals. Heretofore all these
institutions were run independently.
The Article on the
LEGISLATIVE DEPARTMENT
materially curtails the power of the Leg
iSlature. 1t enumerates twenty classes
of cases wherein the General Assembly
shall not enact any local, special or pri-
vate law. This will save very much leg
islative time. 1t will make it more diff
cult also to get all sorts of measures
through the Legislature. This Article,
it is believed, will prove to be one of the
most notably beneficial Accomplishments
of the Convention. Legislation of the
special and hasty classes has had its day
in the Old Dominion.
The Article on
ELE, TIVE FElNCIIIsE MD QTNLIFICNTIoNs For
OFFICE
was, of courS ), one of the most impOrtant
acts of the Convention-the one which
demanded and held the most considera-
tion and time. AT best it is difficult to
fix the qualifications of an elector, but
the trouble is re-doubled when an alien
race is to he dealt with-a race endowed
with no special aptitudes for citizenship
of IA republic.
Most of the Southern States, dealing
with this problem with the purpose par
amount of establishing and maintaining
white control of government, m""icipdHy
as we'll as generally, have adopted what
is known as "the grandfather clause or
1.-The understanding clause" both so OBJ
jectionable, however, they were opposed
with the greatest vigor by the strong
conservative element in our Convention.
Geographically, Virginia comprises two
spctions-one almost wholly peopled by
whites, while i'll the other the blacks
predoninate in number. This statement
is important because it was not the de-
sire nor purpose of the Convention to