Mr. Smith of Henrico submitted the following resolution, which, on his motion, was referred to the committee on finance: Resolved by the senate, That the following additional officers be hereafter dispensed with: assistant doorkeeper, appointed October 5, 1869; additional page, appointed October 8, 1869; additional clerk, appointed February 19, 1870. Mr. Courtney, from the committee to examine the clerk's office, presented the following report: The undersigned, who were appointed to examine the clerk's office, beg leave to report that they have discharged that duty, and find the papers and books pertaining thereto are well kept and systematically arranged. There is nothing connected with the office concerning which they can suggest any improvement as to its management and general arrangement. A. R. COURTNEY, The report was taken up and concurred in. Resolved, That the committee on finance be instructed to inquire into the expediency of postponing the collection of taxes of the year 1870, for twelve months, in that portion of the state lately visited by the destructive rains. No. 325, A bill to amend and re-enact section 1, chapter 15 of the Code of Virginia, in relation to the time of meeting of the general assembly, was taken up, read the second time, and on motion of Mr. Courtney, laid on the table. On motion of Mr. Courtney, the senate adjourned until to-morrow, twelve o'clock. TUESDAY, OCTOBER 11, 1870. Prayer by Rev. Dr. Peterkin. Mr. Waddell, from the committee on finance, reported, with amendments, No. 163, House bill entitled an act to provide artificial limbs for citizens of the commonwealth who lost their limbs during the late war, which was subsequently taken up and the amendments were agreed to. The bill as amended, was then read the third time, and the question on the passage thereof being put, was determined in the affirmative-ayes 26; noes 1. The vote was recorded as follows: Ayes-Messrs. Anderson of Pittsylvania, Austin, Beazley, Campbell, Carr, Courtney, Davis, Fitzpatrick, French, Greever, Grimsley, Harris, Herndon, Johnson, Kendrick, Lewis, Martin, Pendleton, Rid dick, Roller, Smith of New Kent, Smith of Clarke, Snowden, Taylor of Loudoun, Taylor of Norfolk city, and Waddell-26. No-Mr. Moss-1. On motion of Mr. Waddell, the title was amended and agreed to in these words: "An act to provide artificial legs for citizens of the commonwealth who lost their legs during the late war." Ordered, That the clerk inform the house of delegates of the passage of the bill, and request their concurrence in the amendments. He, from the same committee, reported, without amendment, No. 103, House bill entitled an act for the relief of the sureties of Joseph A. S. Barham, late sheriff of Surry county, which was subsequently taken up, read the third time, and the question on the passage thereof being put, was determined in the affirmative-ayes 24; noes none. The vote was recorded as follows: Ayes-Messrs. Anderson of Pittsylvania, Austin, Beazley, Carr, Courtney, Davis, Fitzpatrick, French, Greever, Herndon, Johnson, Kendrick, Latham, Lewis, Lyons, Martin, Pendleton, Riddick, Smith of New Kent, Smith of Clarke, Snowden, Taylor of Loudoun, Taylor of Norfolk city, and Waddell-24. The title of the bill was then agreed to. Ordered, That the clerk inform the house of delegates thereof. No. 162, House bill entitled an act to amend and re-enact section 108, chapter 36 of the Code of 1860, as to offences of the revenue laws by commissioners of the revenue, which was subsequently taken up, read the third time and passed with its title. Ordered, That the clerk inform the house of delegates thereof. And he, from the same committee, reported, without amendment, House joint resolution in relation to repudiation of public and private debts, No. 100, which was subsequently taken up, and on motion of Mr. Herndon, laid on the table. Mr. Pendleton, from the committee for courts of justice, presented the following report: The committee for courts of justice, to whom was referred a resolution requesting them to consider and report to the senate whether, in the judgment of said committee, the legal effect of the action of the governor of Virginia upon the senate bill entitled a bill to incorporate the James river bridge company, communicated to the general assembly, has been such as, under the provisions of the constitution, to prevent said bill from being a law, have had the same under consideration, and beg leave respectfully to report that it does not appear, from the communication of the governor, that he entertains or has expressed any objections to said bill, such as are contemplated or required to be stated by the constitution in cases where he disapproves the bill; and that said bill, not having been returned within five days after it was presented to him, with his objections thereto, the same has become a law in like manner as if he had signed it. All of which is respectfully submitted. C. HERNDON, Chairman. The report was subsequently taken up and concurred in. Mr. Herndon, from the committee for courts of justice, reported, with amendments, No. 181, House bill entitled an act for the prevention of prizefighting within the state of Virginia, which was subsequently taken up, the amendments agreed to, and the bill as amended, read the third time and passed with its title. Ordered, That the clerk inform the house of delegates thereof. And he, from the same committee, reported, without amendment, No. 149, House bill entitled an act to amend and re-enact section 7, chapter 195 of the Code of 1860, with regard to carrying concealed weapons, which was subsequently taken up, read the third time, and the question on the passage thereof being put, was determined in the affirmative-ayes 15; noes 12. On motion of Mr. Moss, the vote was recorded as follows: Ayes-Messrs. Austin, Beazley, Campbell, French, Harris, Herndon, Kendrick, Latham, Lewis, Lyons, Moss, Smith of New Kent, Taylor of Loudoun, Teamoh, and Waddell-15. Noes-Messrs. Courtney, Davis, Fitzpatrick, Greever, Grimsley, Johnson, Pendleton, Riddick, Roller, Smith of Henrico, Smith of Clarke, and Taylor of Norfolk city-12. The title of the bill was then agreed to. Ordered, That the clerk inform the house of delegates thereof. No. 338, A bill to authorize subscriptions to the stock of the Atlantic and Alleghany railroad company by the counties of Chesterfield, Powhatan, Cumberland, Buckingham, Appomattox, Nelson, Amherst, and Rockbridge, and the cities of Richmond and Lynchburg, and the towns of Manchester and Lexington, which, on his motion, was read the first and ordered to be read a second time, and referred to the committee on roads and internal navigation. Mr. Fitzpatrick, by leave, presented No. 339, A bill directing the board of public works to sell to the Orange, Alexandria and Manassas railroad company the stock of the state in said company, and authorizing said company to buy the same, which, on his motion, was read the first and ordered to be read a second time, and referred to the committee on roads and internal navigation. Mr. Smith of New Kent, by leave, presented No. 340, A bill to amend and re-enact section 4, chapter 14, Acts of 1866-'67, in relation to indemnifying bonds, which, on his motions, was read the first and ordered to be read a second time, and referred to the committee for courts of justice. On motion of Mr. Carr, Mr. Greene was granted leave of absence for an indefinite time. Mr. Roller presented the petition of citizens of Page county, asking for the passage of an act for the relief of James C. Robertson, late sheriff of said county, which, on his motion, was referred to the committee on finance. On motion of Mr. Pendleton, Resolved, That the committee on general laws be instructed to inquire into the expediency of reorganizing the militia at the present time in pursuance of the requirement of the constitution. Mr. Pendleton submitted the following resolution, which, on his motion, was referred to the committee on general laws: Resolved, That the adjutant-general be instructed to report the present status of the militia under the act of March 2, 1866, relating to the reorganization of the militia; what further legislation is needed to conform the organization to the present constitution of the state; also, to report what arms, if any, the state is possessed of, and whether arms are due to it from any source. On motion of Mr. Courtney, Resolved, That the committee of privileges and elections be instructed to report what amendments, if any, are necessary to be made to the act approved May 11th, 1870, entitled an act to provide for a general election, in order to provide for contesting elections for fraud or irregularity in conducting the same, or in making the returns thereof, and to define more clearly the powers of the court in cases of contest as to declaring either party entitled to the office, or to set aside the said election and to fill the office by appointment. On motion of Mr. Roller, Resolved, That the committee for courts of justice be requested to consider and report to the senate whether, in the judgment of said committee, the legal effect of the action of the governor of Virginia upon the senate bill entitled an act to incorporate the Rockingham home mutual fire insurance company, communicated to the general assembly on the 6th of this month, has not been such that, under the provisions of the constitution, the said act has become a law. A message was received from the house of delegates by Mr. Hanger, who informed the senate that that house is ready, on its part, to proceed to the execution of the joint order of the day, which has for its object the election of a city judge for the town of Staunton. On motion of Mr. Smith of Henrico, it was Ordered, That he inform the house of delegates that the senate is also ready, on its part, to proceed to the execution of the joint order. Mr. Fitzpatrick nominated for the office of city judge of Staunton, Joseph A. Waddell. Mr. Harris nominated for that office, J. W. G. Smith. Mr. Fitzpatrick was instructed to inform the house of delegates that Joseph A. Waddell and J. W. G. Smith are the only persons in nomination in the senate for the office of city judge of Staunton. A message was received from the house of delegates by Mr. Hanger, who informed the senate that no additional nominations for the office of city judge of Staunton had been made in that house. The roll was then called, with the following result : For Joseph A. Waddell, J. W. G. Smith, The senators who voted for Mr. Waddell, are-Messrs. Anderson of Pittsylvania, Beazley, Campbell, Courtney, Davis, Fitzpatrick, Greever, Grimsley, Herndon, Johnson, Kendrick, Latham, Lewis, Owen, Pendleton, Riddick, Roller, Smith of Clarke, Snowden, and Taylor of Loudoun-20. The senators who voted for Mr. Smith, are-Messrs. Austin, Carr, French, Harris, Martin, Massey, Moss, Robinson, Smith of New Kent, Smith of Henrico, Taylor of Norfolk city, and Teamoh-12. The President appointed Messrs. Fitzpatrick, and Massey, a committee on the part of the senate to meet a similar committee on the part of the house of delegates and count the joint vote, who, through their chairman, Mr. Fitzpatrick, reported: Whole number of votes cast, Necessary to a choice, Of which Joseph A. Waddell received J. W. G. Smith received 122 62 54 68 J. W. G. Smith having received a majority of all the votes cast, was declared duly elected city judge of Staunton for the constitutional term of that office. On motion of Mr. Teamoh, Mr. Lyons was granted leave of absence until Thursday next. On motion of Mr. Taylor of Norfolk city, Mr. Riddick was granted leave of absence for three days, commencing to-morrow. Mr. Taylor of Norfolk city, by leave, presented No. 341, A bill to incorporate the Norfolk and Portsmouth warehouse company, which, on his motion, was read the first and ordered to be read a second time, and referred to the committee on general laws. Mr. Grimsley, by leave, presented No. 342, A bill incorporating the Culpeper and Madison turnpike company, which, on his motion, was read the first and ordered to be read a second time, and referred to the committee on roads and internal navigation. On motion of Mr. Fitzpatrick, Resolved, That the committee of privileges and elections be instructed to inquire into the expediency of allowing the registrars in the several voting districts of the state to purge and correct the registration lists, by striking off the names of such persons as have died or removed from their districts, upon proper evidence being furnished. Mr. Grimsley, by leave, presented No. 343, A bill incorporating the Wilderness, Culpeper and Valley railroad, which, on his motion, was read the first and ordered to be read a second time, and referred to the committee on roads and internal navigation. The President laid before the senate the report of the commissioners appointed to adjust the public debt with the state of West Virginia, together with the correspondence in relation thereto, with his Excellency W. E. Stevenson, governor of West Virginia. |