The times. [volume] (Richmond, Va.) 1890-1903, 1902-03-30

old Constitution and the new one. and
~ zhc advantages that will result to the
8 people from the changes.
Bill OF Rights.
s2s The first material change in the Bill
O or Rights is in the eighth section OF the
q old bslf, which is the sixth section of the
new bill. Tho old bill provides that the
Is people cannot be deprived of their prop
as ertys Tor public uses without their own
consent or that OF their representatives. "
+ Under this provision and tho laws enacted
81 Ahcreundcr the courts held that it mat
tered not how much persons property
was damaged by public Improvement,
such as tho building OF a railroad or the
grading of a street, that such person was
entitled TO no compensation unless his
Droperty or a portion of it was actually
taken. The new section reads deprived
OF, or damaged En-, their property for pub
Tic uses. etc., and therefore. under the
new section those who are deprived OF
their property for public uses as well as
those whose property is damaged by the
public improvement must be compensated.
Tho next change is in the tenth section
of the old bill of rights, which is The
eighth section under the new bill. The
old section provides that no man be de-
priped Of his life or liberty except by the
I law of the land, or the judgment OF his
Il peers; the new section adds to this the
words ..nor shall any man be twice put
s IN jeopardy for the same offensc. except
that an appeal may be allowed TO the
Commonwealth in all cases of violation
of law relating TO the State revenue.
i The new section further provides that IN
any criminal case, upon a plea Of guilty,
rendered in person by the accused, and
with the consent of the attorney for the
commonwealth, entered Of record. the
court shall. and in a prosecution Tor an
cffcnse not punishable by death OF con-
1incment in the penitentiary upon plea
of not guilty. with the consent OF the ac-
cused, rendered in person. and the attor-
ney for the Commonwealth, entered OF
record the court, in its discretion. may
hear and determine the case without the
intervcntion of a jury. And it further
nroyides that the General Assembly may
provide by law for the trial of such cases
Z by jury consisting Of less than Twelve
but not less than five. 1t is thought that
this will greatly facilitate the lf1al OF
cases and save considerable expense ~
q the State.
The next change is in the thirteenth
section Of the old bill, which is the clev-
& cnth section of the new bill. The OLD sec
4ion simnIy provides that the trial by jury
yn all controversies between man ana man
IS preferable to any other. and ousht 10
& he held sacred, while the new section pro-
his property without due process of law,
8 and t,iyes the General Assembly the right
Il, nroyide for jury of less than Twelve.
HIT not less than seven for the trlal OF
civil cases not now triable by a justice
OF the peace, and for a jury or NOT less
s than FIVE in such cases now frlable by
p Justice of the peace, whether such cases
are brought into court by original process
s or by appeal or removal from a justice.
1,his provision will save considerable ex-
pense to the counties and cities OF Inc
State in the way of jury service.
The next change is the seventeenth sec
ton of the old bill. which is the fifteenth
section of the new bill. The Declara1lo,l
4 of Rights made on the 10Th of June. lit6.
nrorided in section fifteen, that no free
& government, or the blessing of liberty,
can be preserved to any people. but by
a firm adherence to justice. moderation,
temperance. frugality and virtue. and by
frequent recurrence to fundamental prln-=
ciples, but the Underwood Convention.
struck out the word frugallty me
Present convention believing. with the
& fathers of our government, that the prin-
8 e.ipIes of government should not only rest
upon Justice moderation. temperance and
virtue but upon prudent economy as well
have restored the word frugality.
Executiy. Department.
Executive Department under the old Con-
stitution provides that the Governor shall
go into Office on the first day of January
succeeding his election. and while the
time for him TO go into office has not yet
4 been fixed by the present convention. it
is believed that he will go into office un-l
der the new Constitution until some time
in February following lis election, as
under the article on the legislative De-
rartment, the General Assembly does not
x convene until The second Wednesday in
January succeeding the election Of mem.
: bers thereof. and as the General Assembly
counts the votes for Governor, he cannot,
therefore, go into Office until some time
after the General Assembly meets
The third section of the article under
Che old Constitution provides that no per-
son shall be eligible to the office Of Cow
crnor unless he shall have been a resident
OF this State for three years. The present
convention has changed this to five years
The fifth section of the new Constitu-s
ton gives the Governor, in addition to the
powers given under the old Constitution,
the power, during the recess Of the Cen
eral Assembly, "to suspend from office
for lnisbehavior, fncapacity, neglect of Of
1icial duty, or acts performed without due
aithority OF law, all-executiNe officers at
I the seat of government except the lieu.
s acknowledgements, but in any case in which
z 1A1S power SO eAerclSeu inc S1ONeTIlOr SHAH
report to the General Assembly, at the
beginning of the next session thereof, the
il fact of such suspension and the cause
( therefor, whereupon the General Assem-
i bly, shall determine whether such officer
J shall be restored or finally removed, and
\ the Governor shall have power, during the
recess OF the General Assembly, to app
point. pro tempore, successors to all Of
Hcers so suspended 1T was thought nee
& essary to give the Governor this addi-.
gstional power so that prompt action could
8 be taken by him for The protection of the
! State in the cases above enumerated.
The sixth section Of this article in the
I old Constitution only allows the Governor,
{ to require information in writing from the
executive officers upon subjects relating
10 their duties, and to require the opi,,f-
OF the Acknowledgement upon questions
OF law relating to his official duties. This!
: section OF the new Constitution gives the.
i Gcvernor much greater powers. He can
! require like information from superintenu-=
ents OF State institutions. and requires,
the information to be given under oath;