The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-07-26
two thirds of the members elected t.
each house"

two-thirds Of the members elected to
each house"
1t should be noticed. however, that
the amendment involved in that case
did not affect or pertain to any of the
provisions. limitations and powers ex-
pressly prescribed by the Constitution
as parts OF every municipal charter
Nor do I think that It is In the power
of the Legislature in any way by
amendment or otherwise. TO modify
such constitutional provisions and re-
quirements. or to relieve any NUM-
cipality from them. They are consti-
tutional requirements, and the power
of amendment in the Legislature is
restricted TO provisions and powers
not specifically ordained by the Con-
stitution as parts Of every municipal
charter.
Cannot Override Constitution.
1t is true that It has been held
in several cases that a law providing
form OF charter. for such cities as
might by popular vote adopt the same.
is not a special law. Still do not
lature could grant form of charter
overriding the constitutional require
ments as to all city charters.
We must therefore face the fact that
IS the Constitution now exists there
are certain provisions or requirements
which are parts of every such charter
and which the Legislature cannot null
lify or alter. There remains therefore
for US to pursue one or the other OF
Two courses-either TO await until an
amendment of the Constitution be had
in the prescribed method or to attempt
10 formulate desirable changes which
will dict I-it
constitutional requirements In every
municipal charter.
The method of amendment presented
by the Constitution is passage Of
the proposed amendment by a majority
OF the members elected to each OF the
two houss. at one session of the Leg
islature; a publication OF the amend
ment three months next preceding the
election OF the members for the next
regular session OF the Legislature;
similar adoption at the said next SEES
sion and submission to the people of
the State for their approval by a ma
jority vote.
Steps Already Taken.
One of these steps. looking to an
amendment OF said Section III. has al
ready been taken. 4 joint resolution,
signed March 2. 1910. was passed by the
Legislature at its last session, propos-
ing to amend said Section III.
Without conceding, but assuming for
our purposes, that the proposed power
TO be given to the Legislature to grant
special form OF government" 10 cities
of over $4,000 population is broad
enough not only to authorize the grant
OF charter by special act. but also
TO nullify the constitutional require
ment that there shall be a Council or
legislative department. of two branch.
es, and assuming that the next Leglsla-
ture VIII also pass the same joint reso-
luton and that. when submitted to
the people OF the State. they will an
prove the same by a majority vote. we
are yet confronted with the REQUIRE
ment stated in the proposed amendment
mat the form" desired must be at the
request of the city. made in a manner
to be prescribed by the Legislature.
IL the Legislature should prescribe a
request to be based upon special cleo
uon cy the voters OF the city. no one
can give any assurance that the voters
OF the CITY would declare in favor OF a
total abolition Of the City Council TT
the request is to be made by the CIV
Council it will be equally as doubtfu,
as to what would be the form OF
Charter which would be requested. We
must also take into consideration the
delay which in any event would ensue.
Not Wait for Amendment
IL would therefore seem the wiser
course not to wait for the results nf
the proposed amendment If, recogniz
ing the above mentioned existing con-
stitutional requirements. we can draft
such amendments toourcitycharter
that the city will get the dement's NJ
what is generally called the commits
sion form of government
or course 1t Is necessary to know
exactly what are those constitutional
provisions and requirements which
nave to be reckoned with in such an
endeavor. An examination of Article
will show that they are as follows:
!. That there must be elected by pop
ular vote clerks for certain courts for
TENS Of eight years.
2. a commissioner of revenue must
be either elected or appointed. as the
Legislature may determine.
8. A city treasurer must he electe5
by popular vote.
4. \ city sergeant must be so elected
.. Mayor. This officer is given SUI
pervisory powers over city officers and
departments He has the right to sus-
pend members of the fire and police
departments and also to remove them
when authorized by the Legislature. and
suspend and remove city. officers From
any order of suspension or removal of
city officers the right OF appeal lies
to the Hastings Court 1t is also pro-
vided that he may have all other
powers and duties which may be con-
ferred or imposed upon him by law
He Is given the right OF veto Of all
ordinances or resolutions having the
erect OF an ordinance, and OF any
item in an appropriation. ordinance or
resolution.
Bicamernl Council.
s, a city council. composed of two
branches. The members to be elected
from the wards. so that there shall he
equal representation in each branch
of said Council in proportion TO
the population of such wards. Tho
council of every city may, In
manner prescribed by law. increase or
diminish the number of wards ana
change the boundaries thereof
q. The mayors and councils of cities