THE UNIVERSITY OF VIRGINIA

NEWS Letter Editor Weldon Cooper Vol. 42, No. 12 Institute of Government, University of Virginia, Charlottesville, Virginia 22903 August 15, 1966

A REPUBLICAN LOOKS AT THE 1966 VIRGINIA GENERAL ASSEMBLY By M. CALDWELL BUTLER

It will stand apart from other in our and the General Assembly of Virginia This is the first of two articles evalu­ history because it brought into sharp were forced by a vigorous, articulate, and ating the 1966 Virginia General As­ focus a sudden and dramatic change in responsible Republican campaign and sembly. The second article~ entitled the course and direction of Virginia's gov­ outstanding Republican candidates at all HA Democrat Looks at the 1966 Vir­ ernment. levels to get out and campaign among ginia General Assembly/' will appear Governmental responsibilities thereto­ the people; to meet them; to listen to in the September 15~ 1966 issue. fore ignored and even ridiculed were them; to find out what their problems -The Editors embraced with enthusiasm and affection. were; to find out what they were con­ Leading proponents of "massive resis­ cerned about; and to find out what need­ tance" became champions of public edu­ ed to be done; and they were made un­ The withdrawal or granting of presti­ cation. In August 1965, we were told mistakably aware that the people of Vir­ gious legislative assignment, political pa­ there was no crisis in higher education, ginia had had enough. tronage and other related devices are not but, in 1966, general fund appropriations The sudden and dramatic changes came instruments for discipline of the few Re­ for this purpose alone increased over 60 about because the people let it be known publicans in the General Assembly of percent. Almost every Virginia govern­ in the campaign and election of 1965 Virginia. As a result, we have a license to mental activity shared in the renaissance: that they expected them. The two-party criticize not generally available to others. highways; neglected social services; parks; system came of age in Virginia with the We are ever mindful, however, that we recreational facilities; industrial develop­ 1966 General Assembly. must deal fairly with the defenseless ma­ ment financing; mental hospitals and re­ Republicans take pride in comparing jority or we serve no useful purpose. We lated services; the mentally retarded; accomplishments of this General Assem­ have the same obligation to support those other health services; correctional institu­ bly with the platform adopted at their things which, in our judgment, are right, tions for youth; tourism and port devel­ convention of May 1965. The greatest as we have to question those things about opment; and, yea, even the arts! strides were made by this Assembly in the which we are in doubt and to oppose fields of public and higher education, and those things which are wrong. Although Virginia appears to have turned a corner with the 1966 General it was here, also, that our platform and If there are occasions when this com­ Assembly, it is too early to judge whether our candidates placed greatest emphasis. mentary appears to overlook some accom­ the changes will prove of real substance Other improvements had also been dis­ plishments of the 1966 General Assembly, cussed in our platform and the campaign. please do not consider that we have for­ or not, whether they are merely superficial RepUblicans do not presume to accept gotten our responsibility or that we are or more lasting, and whether those who credit - or responsibility - for all that not well pleased with much that was done, appear to have undergone this change of was done. It is sufficient, however, to sug­ but recognize that we may safely assume heart have acquired the wisdom and judg­ from long experience that the Democrat, ment necessary to its proper fulfillment. gest that the government of Virginia un­ who next month will view the same As­ derwent a sudden and dramatic change Two-PARTY DEMOCRACY with the 1966 General Assembly; that Vir­ sembly, will supply all omissions, and The change is apparent! And we may perhaps go a little further. ginia is the better for it; and that the reasonably inquire: What produced it? change was the result at least in part of We are hoping, therefore, by careful The Governor of Virginia suggested to an emerging two-party system and the selection of material to avoid burdening the Virginia State Chamber of Commerce: efforts of the Republican Party. our readers with unnecessary repetition. "The people of Virginia decided that the There are those within the General time had come to do what had to be A SIGNIFICANT SESSION Assembly, of course, who have not ac­ done." The real significance of the 1966 Gen­ cepted the two-party system with the We respectfUlly disagree! The people same grace as the voters themselves. This eral Assembly lies in its contrast with the of Virginia decided long ago that some­ past and in its new hope for the future. was particularly apparent in legislative thing ought to be done. committee assignments. The author is the Chairman of the Republican But, for the first time in recent history, For example, the writer is in his third Caucus of the General Assembly and a Delegate from the City of Roanoke. the Democratic candidates for Governor term of the House of Delegates, but he 46

THE UNIVERSITY OF VIRGINIA The sales tax was the Governor's pro­ Unfortunately, the subcommittees met posal. Although the committees and the in secret; and other interested members NEWS Letter membership went through the motions of the Assembly were excluded. Their Assistant Editor of legislative deliberation, no changes principal function seems to have been were allowed without his blessing. making certain that the bonanza from the RALPH EISENBERG We had always felt that, when Virginia sales tax would be distributed in accor­ Published on the 15th of each month from undertook to adopt a general sales tax, dance with the wishes of the Governor. September through August by the Institute it would be accompanied by tax relief for The recommendations of the subcom­ of Government, University of Virginia, Char­ lottesville, Virginia 22903. The views and those to whom the burden of the tax mittees, which were also considered in opinions expressed herein are those of the would be greatest: the retired; those of secret by the full Committee, were never author, and are not to be interpreted as low income; and those with large fam­ released to the other members of the representing the official position of the In­ ilies. Substantially every effort of this na­ General Assembly or to the public. Re­ stitute or the University. Entered as second-class matter January 2, ture was rejected. The 1966 General As­ grettably, the Committee's suggested 1925, at the post office at Charlottesville, sembly left undone what should now amendments to the budget bill were not Virginia, under the act of August 24, 1912. become the first order of business of the made available in their printed form 1968 General Assembly. until shortly before they were to be voted Printed by the UNIVERSITY PRINTING OFFICE The most amazing single action of this upon by the House of Delegates. session was the amendment to the sales Those of us who were not privileged has- never heen.assigned._.to a committee tax bill providing for an automatic--in­ to be- present at the executive- sessions of that meets. Indeed, it is doubtful if his crease of one percent in the tax in July the Appropriations Committee or its sub­ committees have met in over 40 years. 1968: six months after the next Assembly committees cannot fairly suggest that its This is wrong! In failing to make the will convene in regular session. RepUbli­ deliberations were not careful or its judg­ best use of the talents and abilities of all cans and its opponents argued that, if ment poor. We can state, however, with of the elected representatives in the Gen­ additional revenue will be needed in complete confidence, that there was no eral Assembly, the Democratic Party not 1968, the General Assembly of 1968 will necessity for secrecy and that it was an only abuses its power but violates its trust. be in a better position to make that deci­ error to deny the remaining members an Although embarrassed Democrats will sion and to judge what tax should be opportunity for mature consideration of eventually do something about it, this is used to accomplish it. Perhaps the whole the largest budget in the history of Vir­ the sort of "issue" which ought not to tax structure ought to be reviewed thenl ginia. We look forward to a change in arise in a functioning two-party democ­ Certainly, the voters had not been pre­ 1968. racy. pared for what will now prove to be, in Linwood Holton frequently called at­ DIFFERENCES most instances, a four percent sales tax. tention in his campaign to the surplus The Democrat candidate for Governor in funds the State was accumulating in the Republicans, of course, do not accept 1965 could not determine, with certainty, face of mounting needs. His prediction every action of the 1966 General Assem­ whether a sales tax would be needed at of a surplus of 100 million dollars was bly with unbridled enthusiasm. The ab­ all; but the Democrat Governor, once laughingly rejected by the Democrat Par­ sence of any orderly approach to State elected, acquired a vision that enabled ty candidates and by representatives of participation in Federal programs and him to see not only an immediate need, the administration. As soon as the 1966 the rapidity with which almost all avail­ but, indeed, an increasing one 30 months General Assembly convened, however, we able Federal aids were adopted without hence. A remarkable recovery! were told that we could anticipate a careful consideration of the long-range The pressure used to change sufficient surplus of 96 million dollars at the end implications and obligations give little votes in the House of Delegates to assure of the fiscal year. And, before we ad­ comfort to those of us who subscribe to passage of the 1968 increase after an journed, the appropriate officers of the the principle that responsible State action earlier defeat constituted an unnecessary government "discovered" an additional is the best way to prevent intrusion by _~_of.politicaL.muscle to---achieve--an seven_million -dollars -of- surplus funds the ~Fedetal government irilo ·legifiiriate objective of doubtful value and question­ available for appropriation. State activity. Indeed, many who fought able wisdom. Federal encroachment ann defended Perhaps as a result of the gubernatorial states' rights as a matter of principle in The budget was, of course, an executive campaign, the departing administration the past appear to have given up at the budget. As required by law, the departing submitted a budget to the 1966 General very time when a little statesmanship Governor offered his budget and the Ap­ Assembly which appears to have been could have produced sound results. propriations Committee of the House of based on an accurate estimate of the We were alarmed to observe the legis­ Delegates proceeded, after appropriate anticipated revenues for the next bien­ lative branch losing its status as an equal public hearings, to consider it. We had nium, excluding the sales tax. But the partner in our governmental system of high hopes when the Committee divided habit of underestimating revenues is not itself into subcommittees for more detail­ checks and balances. There was little lead­ easily broken and present indications are ed analysis. In previous years, the full ership within the Assembly itself, except that the new administration has substan­ among those who accepted direction from Committee had consumed (or wasted) its limited time considering the entire tially underestimated the new sales tax the Governor. We were impressed by his revenue. Many anticipate that the surplus skill but frightened by his power. What budget item by item. 1966 would be dif­ at the end of the new biennium for this, he wished, he gotl What he opposed, he ferent: each subcommittee would have defeatedI And what he ignored only more time to consider its allotted portion and other reasons, will be in excess of flounderedI of the budget. anything previously experienced. 47

CONSTITUTIONAL CHANGES can be fully advised as to the problems abolish the State Compensation Board, Closely related to problems of budget which will come before the body. We useful only as a device for party disci­ and appropriation is the need for more endeavor to overcome this by specialized pline; to permit appeals from the deci­ frequent regular sessions. Under our pre­ study between sessions: by special com­ sions of the ABC Board except in cases of sent Constitution, the General Assembly missions for particular problems; or by license revocation; and to bring our in­ meets in regular session every two years. reference to the Virginia Advisory Leg­ heritance and gift taxes in line with Fed­ Thus, we appropriated funds in January islative Council (VALC), a permanent eral estate and gift taxes as recommended 1966 for a 2-year interval which will end group. These reports, when received in by the Virginia State Bar. time, should provide the basis for intel­ 30 months later. Many other states have ELECTION LAW REFORM annual budget sessions, meeting every ligent campaign discussion and legislative There were few members of the 1966 two years in general session and in the action. General Assembly who did not believe intervening year for a budget session only. The theory of the interim study is that the Supreme Court of the United There is a clearly discernible trend in sound; but its practical value to the Gen­ States would declare our poll tax an un­ this direction among the states; and Vir­ eral Assembly of Virginia is debatable. constitutional limitation on the right to ginia should do likewise. Not one single commission or interim vote. Nevertheless, all efforts for its repeal VALC report of major significance, with The first step to effect this change in and all efforts to adjust our election laws the possible exception of portions of the our Constitution would be the passage to its removal met defeat. The Supreme of an appropriate resolution by the Gen­ Report of the Commission on Higher Ed­ ucation, was in the hands of the mem­ Court has since done the expected and eral Assembly. The succeeding General Virginia's election laws no longer fit the Assembly must do likewise, and the issue bers of the 1966 General Assembly in problem. will then be submitted to the voters in time to be of real value. referendum. Regrettably, the General As­ A major VALC study dealt with grants­ The Privileges and Elections Commit­ sembly of 1966 failed to take the first step. in-aid to the localities: in reality, the tees, with their remarkable record of One effort to adopt such a resolution sales tax. But the printed report of the recommending unconstitutional legisla­ was defeated in the Senate, after passage VALC was not received by members of tion requiring three special sessions of by the House, because it was included in the House of Delegates until the day be­ the General Assembly in a four-year peri­ a resolution calling for four-year terms fore the sales tax bill came upon the floor od, predictably turned their backs on for members of the House of Delegates: of the House for debate. Ironically, the substantially all election law reform leg­ an absolutely unnecessary constitutional recommendation of the VALC was con­ islation offered in 1966. Indeed, a simple change completely unrelated to the ques­ trary to the bill recommended by the Republican resolution requesting the tion of annual sessions, and one whose Committee. VALC to study and recodify the election laws of Virginia died in Committee, as it defeat in the Senate was easily predict­ It is difficult to place the blame: no has done in previous years. able. Indeed, there are those who suspect one would criticize the hardworking pro­ that the two proposals were tied together fessional staff; and we dare not suggest Other Republican suggestions met the in order to assure the defeat of annual that the appointed members do not pur­ same fate: legislation requiring a course sessions. sue their assignments with due diligence. of instruction for all election judges and This is one error which may be cor­ We hope, however, that further studies clerks; legislation permitting appeal to rected, howeverl The General Assembly authorized in 1966 will be available in the Supreme Court of Appeals of Vir­ could, in the special session some predict time to be of real benefit before the ginia in contested election cases; legis­ for this fall, reconsider this action. We election of 1967 and the General Assem­ lation requiring the use of a form in reg­ hope that it willi bly of 1968. istration and eliminating once and for­ In all, members of the 1966 General ever the disgraceful "blank piece of pa­ Assembly offered resolutions changing 36 DISAPPOINTMENTS per"; legislation to simplify the purging different sections of Virginia's Constitu­ The 1966 General Assembly refused of registration books and requiring that tion, several of which-- amendments are again to adopt a State-\vide compulsory they be purged every four years; and now on their way to eventual passage. I school attendance law; to modify in any numerous others. am confident that this is a record number. particular Virginia's tuition grant pro­ Indeed, the only substantial change in It is indicative of a growing awareness gram; to enact "open meetings" legisla­ Virginia's election laws in 1966 dealt with that this Constitution, which has not been tion curbing abuse of secret sessions, or the assessment of costs and the counting overhauled since 1902, no longer meets to discipline itself in a noticeable degree of ballots in contested election cases. In the needs of the times. While Republican in this regard; to establish a code of con­ view of our experience in such cases in efforts to call an unrestricted constitu­ duct for themselves, while continuing con­ the past, Republicans view these changes tional convention were summarily reject­ flict of interest legislation affecting boards with mixed emotions. ed, the time is upon us when this should of supervisors, city councils and school MENTAL HOSPITALS be done, and the effort will be renewed boards; to provide for appointment of in 1968. local school boards by boards of super­ The Republican platform acknowl­ visors; to improve annexation procedures edged that the care and treatment of the INTERIM STUDIES in keeping with the demands of growing mentally ill and the mentally retarded Other needs for improvement in our urbanization; to abolish Virginia's Com­ and the facilities therefor were an obliga­ legislative machinery became apparent in mission on Constitutional Government, tion of the government of Virginia and 1966. as an unwarranted use of public funds a moral responsibility of its citizens. Lin­ No member of the General Assembly to present one side of a controversy; to wood Holton, in his campaign, called 48 attention to embarrassing situations exist­ these institutions. The bill passed the mately 25 cents a vehicle) to defray the ing in some of our institutions; and for House, but died in the Finance Commit­ cost of one proven safety device: reflec­ the first time, the people of Virginia tee of the Senate, officially, but doubt­ torized license plates. became aware that there is not a single fully, because funds for the modest ap­ The absence of any comprehensive leg­ accredited mental hospital in the State propriation of $15,000 could not be islative program for highway safety could of Virginia. found. Failure to authorize this study be remedied in 1968 by a timely report The 1966 General Assembly did not must be considered a major shortcoming of the Virginia Traffic Safety Study Com­ measure up. We are still far behind other of this Assembly. We hope that the Gov­ mission created by the 1966 General As­ states in many particulars; few of the rec­ ernor will see fit to do so without legis­ sembly. Republicans, who first proposed ommendations of the Virginia l\fental lative action. a similar commission in 1962, are delight­ Health Study Commission have been im­ A related problem is the security of ed with this development. plemented or are presently planned; and Virginia State Penitentiary. Prompted by it is doubtful if we will have an accred­ the three fatal stabbings there in Janu­ SUMMARY ited mental hospital two years hence. ary 1965, Governor Harrison appointed The two-party system came of age in We are pleased, however, but not satis­ a study commission composed of leading Virginia with the 1966 General Assembly. fied, that funds were provided for at least prison administrators in three adjoining This has produced sudden and dramatic one new building for each mental hospi­ states. One of its principal recommenda­ changes in the course and direction of our tal in the State; for two new local mental tions was the separation of the Division government, and Virginia is the better for health clinics; and for additional social of Corrections from the Department of it. workers for the after-care program. We Welfare and Institutions. Legislation to The job has only begun, however, and hope that plans for one new hospital for accomplish this was, regrettably, defeated! much remains to be done. Whether Vir­ the mentally retarded are but a begin­ ginia is to sustain the momentum of 1966 HIGHWAY SAFETY ning. or revert to its recent past will depend Although increased concern for mount­ upon whether the two-party system con­ MENTAL AND PENAL INSTITUTIONS ing deaths on our highways was apparent, tinues to function in the years ahead as Prompted in part by public interest in the General Assembly made few changes it did in 1965 and early 1966. the unfortunate death of Edward A. Ham­ in the law. l\10st notable was the increase The 1966 General Assembly is convinc­ lett at a State mental institution, and in t'he minimum driving age to 16. Mod­ ing evidence that the continued growth related instances which have come to light est changes affecting the drunk and drink­ of the RepUblican Party in Virginia is from time to time, members of the Com­ ing driver were improvements falling the key to the future of the Common­ mittee on Public Institutions of the short of general expectations. wealth, as we approach the properly func­ tioning two-party system in which the House of Delegates introduced legislation A General Assembly which appropri­ dominant party is made unmistakably, for the creation of a Mental and Penal ated more than 60 million dollars in albeit painfully, aware that it must dis­ Institution Commission to conduct a new revenues for highway construction charge its responsibilities or be supplant­ thorough study of the administration of could not find sufficient funds (approxi- ed.

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Institute of Government Charlottesville, Virginia