(House Bill No. 331.) CHAPTER 153. AN ACT providing for the submission of four pro- (1). State seven Amending sections two, three, four and teen of article seven; (2.) Amending section nineteen of article seven; (3.) Amending sections two and sixteen of article eight; and (4.) Amending section four of article twelve. [Passed February 21, 1901. In effect 90 days from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: to, submitted for ratifica 1. That the question of the ratification or rejection Constitution; of four amendments to the constitution of West Vir- proposed ginia, proposed in accordance with the provisions of amendments section two of article XIV of said constitution, shall to the people be submitted to the voters of the State at the next tion or reject general election, to be held in the year one nine hundred and two, which four proposed ments hereby numbered are as follows: First Proposed Amendment. Sections two, three First proof Article VII, to be four and seventeen ed SO as to read as follows: thousand amend ion; when. posed amend amend- ment; state "Sec. 2. An elec- officers to be sup elected. disposed of. tion for governor, secretary of state, state erintendent of free schools, auditor, treasurer and attorney general, shall be held at such times and places as may be prescribed by law."-"Sec. 3. The returns -returns of of every election for the above named officers shall election, how be sealed up and transmitted by the returning officers to the secretary of state, directed to the speaker of the house of delegates,' who shall immediately after the organization of the house and before proceeding result, how to business, open and publish the same, in the pres- ascertained, ence of a majority of each house of the legislature, which shall for the purpose assemble in the hall of the house of delegates. The person having the highest number of votes for either of said offices, shall be declared duly elected thereto; but if two or more have tie vote, an equal and the highest number of votes for the termined. etc. how de -contested elections for governor. -state officers to hold no other office. -governor not to succeed himself. -vacancies in office, how filled. same office, the legislature shall, by joint vote, choose one of such persons for said office. Contested elections for the office of governor shall be determined by both houses of the legislature by joint vote, in such manner as may be prescribed by law."-"Sec. 4. None of the executive officers mentioned in this article shall hold any other office during the term of his service. The governor shall be ineligible to said office for the four years next succeeding the term for which he was elected."-"Sec. 17. If the office of secretary of state, auditor, treasurer, state superintendent of free schools or attorney general, shall become vacant by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be prescribed by law. The subordinate officers of the to governor, executive department and the officers of all public institutions of the State shall keep an account of all moneys received or disbursed by them, respectively, from all sources, and for every service performed, and make a semi-annual report thereof to the governor under oath or affirmation; and any officer who shall deemed per- wilfully make a false report shall be deemed guilty of perjury." -semi-annual reports by whom. -what jury. Second pro ment; sal aries of state officers. Section 19 of Arto read as follows: this article shall rebe established by Second Proposed Amendment. posed merd- ticle VII to be amended SO as "Sec. 19. The officers named in ceive for their services a salary to law, which shall not be increased or diminished during their official terms, and they shall not, after the expiration of the terms of those in office at the adoption of this amendment, receive to their own use any fees, costs, perquisites of office or other compensation, and all fees that may hereafter be payable by law for any service performed by any officer, provided for in this article of the constitution, shall be paid in advance into the state treasury." -fees paid into state treasury. Third pro posed amend ment; supreme court to consist of five judges; term. -election of new judge. Third Proposed Amendment. Section two of Article VIII to be amended SO as to read as follows: "Sec. 2. The Supreme Court of Appeals shall consist of five judges. Those judges in office when this amendment takes effect shall continue in office until their terms shall expire, and the legislature shall provide for the election of an additional judge of said court at the next general election, whose term term begin on the first day shall begin ment of of January, one thousand nine hundred and five, and the governor shall, as for a vacancy, appoint a judge-appointof said court to hold office until the first day of Jan- such judge. uary, one thousand nine hundred and five. The judges of the Supreme Court of Appeals and of the circuit —salaries. courts shall receive such salaries as shall be fixed by law, for those now in or those hereafter to come into office." Section Fourth pro"The accu- ment: irreposed amend on school fund. Fourth Proposed Amendment. Amending 4 of Article XII, and reading as follows: mulation of the school fund provided for in section ducible four of article twelve, of the constitution of this State, shall cease upon the adoption of this amend- . ment, and all money to the credit of said fund over one million of dollars, together with the interest said fund, shall be used for the support of the free schools of the State. All money and taxes heretofore payable into the treasury, under the provisions of the said section four, to the credit of the school fund shall hereafter be paid into the treasury to the credit of the general school fund, for the support of the free schools of the State." ment desig 2. For convenience in referring to the said pro- Each amendposed amendments, and in the preparation of the form nated by of ballot hereinafter provided for, said four proposed name. amendments, as hereinbefore numbered, are hereby designated as follows: No. 1. To be known as "Secretary of State Amendment;" No. 2. To be known as "State Officers' Salary Amendment;" No. 3. To be known as "Judicial Amendment;" No. 4. To be known as "Irreducible School Fund Amendment." Ballots to how. 3. For the purpose of enabling the voters of the State to vote on the question of said proposed amend- be voted, who ments to the constitution at the said general election to print and to be held in the year one thousand nine hundred and two, the board of ballot commissioners of each county are hereby directed to provide and have printed a separate ballot of convenient size, distinctly printed and in form substantially as follows: Ballot on Constitutional Amendments. (1.) Secretary of State Amendment. Amending Sections 2, 3, 4, and 17 of Article 7. For Rejection. -form of such ballots. -how voted. -number of lots to be paid for and distributed. (2.) State Officers' Salary Amendment. Amending Section 19 of Article 7. For Rejection. (3.) Judicial Amendment. Amending Sections 2 and 16 of Article 8. For Ratification. For Rejection. (4.) Irreducible School Fund Amendment. Amending Section 4 of Article 12. For Ratification. For Rejection. Each amendment to be voted on separately. The same number of said separate ballots shall be special bal - printed, and shall be supplied to the several voting printed; how places in each county, and paid for in the same manner as is provided for the regular ballots to be used at said general election, as set out and specified in chapter three of the code of West Virginia. The commissioners of election at the several voting places sioners of in each county shall upon request, furnish to each furnish sepa- Voter one of said separate ballots to be used by him rate ballot to for voting on the question of said proposed amend -commis election may voter, when. -right to may see fit. ments; but any voter shall also have the right to vote vote as voter on the question of said proposed amendments by any other ballot printed or written, which he may see fit to use, and which sufficiently discloses his intention, and no ballot cast at said election on the question of the proposed amendments shall be rejected if it sufficiently appears therefrom what the voter intended; and every voter shall have the right to vote on all of said proposed amendments, or on as many of them as he shall see fit. -further right of voter. -election how con ducted, etc.; how ascer tained. The said election on the said proposed amendments at each place of voting shall be superintended, conducted and returned, and the result thereof ascertained, by the same officers and in the same manner ascer as the election of members of the legislature is superintended, conducted and returned and result tained, at said election; and all the provisions of the what law law relating to general elections including all duties applies. to be performed by any officer or board, as far as applicable and not inconsistent with anything herein contained, shall apply to the election held under the provisions of this act, except when it is herein otherwise provided. The ballots cast on the question of -ballots said proposed amendments shall be counted, strung and sealed up separately from the other ballots at said election. cast cast. when, how 4. As soon as the result is ascertained, the com- Result; missioners, or a majority of them, and the canvassers and by whom (if there be any) or a majority of them, at each place certified. of voting, shall make out and sign two certificates thereof, in the following form, or to the following-form of effect: "We, the undersigned, who acted as commis- certificate. sioners (or canvassers as the case may be), of the election held at in the County of in the District of day of the one thousand nine hundred and two, upon the question of the ratification or rejection proposed Constitutional Amendments to sections two, three, four and seventeen of article seven; section nineteen of article seven; sections two and sixteen of article eight; and section four of article twelve, do hereby certify that the result of said election is as follows: Amending sections two, three, four and seventeen of article seven, For ratification, votes. votes; for rejection, under our hands this one thousand nine hundred and two." The --certificates other must corre returns said two certificates shall correspond with each spond; what to contain. |