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Mr. Lovenstein moved a reconsideration of the vote by which the house insist on its disagreement, and ask for a committee of conference, which was rejected.

The following senate bills were reported from the committee on roads and internal navigation:

No. 199. Senate bill entitled an act to incorporate the Virginia and Maryland steam ferry company.

No. 142. Senate bill entitled an act to incorporate the West Point and Hanover Junction railroad company, with amendments.

The following house bills, reported from the committee for courts of justice, were read a first time:

No. 293. House bill to amend and re-enact section 48, chapter 52 of the Code of 1873, in relation to county roads.

No. 294. House bill to amend and re-enact section 2 of chapter 166 of Code of 1873, as to removal of causes pending in one court to another, with a recommendation that it do not pass.

No. 295. House bill authorizing the legally constituted trustees of the African Methodist Episcopal church at Staunton to execute a deed of trust to secure the payment of debts of said church.

The following house bills, reported from the committee on counties, cities and towns, were read a first time:

No. 296. House bill to authorize the counties of King & Queen and King William to negotiate a loan or loans for the purpose of purchasing a steamboat.

No. 297. House bill fixing the compensation of the treasurer of the county of Rockbridge.

No. 298. House bill to prevent extortion and unjust discrimination in the rates charged for transportation on railroads in this State, to punish the same, and to prescribe a mode of procedure in relation thereto, reported from the committee on roads and internal navigation, with an amendment in the nature of a substitute, was read a first time.

The following report, heretofore passed by, was agreed to:

The committee on finance, to whom the claim of Kelly & Larguey was referred, beg leave to make the following report:

The committee find that on the 14th of February, 1850, the board of public works entered into a contract with C. E. Detwold, John Kelly and John Larguey, for the construction of the Blue Ridge tunnel and its approaches. That on the 13th of March, 1851, Kelly & Larguey (Detwold having withdrawn from the partnership) asked for a modification of their contract, which was granted them. That on the 17th of December, 1851, at the request of said Kelley & Larguey, the board of public works again modified their contract. Under this modified contract the work was carried on to completion on or about the 12th of September, 1857.

During the whole progress of the work, the board of public works made advancements, or payments, to Kelly & Larguey. About the month of February, 1856, however, and at different times thereafter, there being no funds in the treasury applicable to this work, the said

Kelly & Larguey deposited the "warrants" issued to them by the second auditor in one of the city banks. These "warrants" were afterwards exchanged from time to time by Kelly & Larguey, or their agent, with the second auditor for State bonds at their par value. These bonds were sold from time to time during the progress of the work in the years 1856 and 1857 by the agent of Kelly & Larguey, at their market value, which was less than their par value, and the money deposited to the credit of Kelly & Larguey, by their agent, in the Exchange Bank of Richmond; the board of public works having no control of said bonds, or the amount they sold for, from the time they were issued to said Kelly & Larguey. The present claim of Kelly & Larguey is based upon the difference between the par value of said bonds received by them, or their agent, and the amount they brought in the market, and amounts to the principal sum of $10,974 97, with interest thereon from the 12th of September, 1857, till paid. Your committee find that the amount of Kelly & Larguey was balanced on the books of the board of public works in the year 1857.

That at the time these bonds were issued to Kelly & Larguey, the board of public works, or the auditor, had no authority to issue bonds at less than their par value, and that they could not have been received by Kelly & Larguey with any other understanding.

Your committee, therefore, report that the said parties have no claim against the State on account of work done under said contract, and ask to be discharged from its further consideration.

Mr. Beaton stated that had he been present when the votes were taken on agreeing to the substitute offered by Mr. Coghill to and on the passage of house bill No. 61, in relation to interest on money, he would have voted in the negative.

Messrs. P. J. Carter and Lucas stated that they would have voted against the bill.

Messrs. Stovall and Lipscomb stated that they would have voted for the bill.

The following were presented and referred under rule 37:

By Mr. Harrison: Protest of citizens of the county of Loudoun against any change in the fence law. Referred to committee on agriculture and mining.

By Mr. Morrison: A bill to prevent obstructions to the free passage of fish in the streams of the State. Referred to committee on propositions and grievances.

By Mr. B. W. Lacy: A bill authorizing the boards of supervisors of the counties of Prince George, Surry, Charles City and New Kent to increase the pay of the judges of the county courts of said counties. Referred to committee for courts of justice.

By Mr. Morrison: A bill to incorporate the Lexington gas company. Referred to committee on propositions and grievances.

By Mr. B. W. Lacy: A bill authorizing the board of supervisors of each county in the State to increase the salary of the county court judges. Referred to committee for courts of justice.

By Mr. B. W. Lacy: Joint resolution as to the settlement of the debts due by West Virginia. Referred to committee for courts of justice.

By Mr. Lovenstein: A bill to incorporate the Mercantile club of the city of Richmond. Referred to committee on propositions and grie

vances.

By Mr. Brooks: Memorial of members of the bar of Dinwiddie county and others, in relation to sheriffs' compensation. Referred to committee on finance.

By Mr. Griffith: Joint resolution extending to the citizers of Westmoreland county the same privilege to take fish from the waters of the Potomac river as now given to the county of Northumberland. Referred to committee on Chesapeake and its tributaries.

The morning hour having expired the house proceeded to the business on the calendar.

No. 286. House joint resolution in regard to a further adjustment of the debt of the Commonwealth of Virginia, vas,

On motion of Mr. Holbrook, taken up out of its order on the calendar.

On motions by Mr. Holbrook, the preamble was amended by inserting after the word "doubts," the words "and great dissatisfaction;" and by striking out the words "the general assembly," and inserting "this general assembly."

Mr. A. J. Clark moved to strike out the preamble, which was rejected. Mr. Brown moved to strike out the following words in the preamble: "Whereas, in the opinion of this general assembly, grave doubts exist in the minds of the people of Virginia in respect to the manner in which the act of March 30, 1871, known as the funding act, became a law; and whereas it being the sense of the general assembly that the adjustment of debt of the old State of Virginia, as provided for by the terms and provisions of said act, was made upon a basis unfair and inequitable to the interests of the State of Virginia, and has entailed upon the people of this State an onerous burden of taxation, which must inevitably impair the material development of the commercial and industrial interests of the State."

Which was agreed to-yeas 58; nays 51.

On motion of Mr. Jack Carter, the vote was recorded as follows:

YEAS-Messrs. Alexander, Bagwell, Banks, Beaton, Blair, Bohannon, Boykin, Branch, Brooks, Brown, Campbell, J. A. Carter, P. J. Carter, A. J. Clark, Cockerille, Dooley, Franklin, Friend, Gardner, P. Gibson, Gilliam, Gilman, Graves, Hamilton, Harrison, Henderson, Hudgin, P. K. Jones, R. S. Jones, Koiner, B. W. Lacy, Lewis, Lipscomb, Lovell, Lovenstein, Loving, Magruder, Massey, Montague, Morrison, Moss, Neeley, Nickens, Norton, Paige, Pendleton, Scruggs, Sellers, Shumate, Stuart, Swann, Thomas, Wallace, Webb, Whittaker, Winn, Young, and Mr. Speaker-58.

NAYS-Messrs. Armentrout, Armstrong, Bickings, Brady, Jack Carter, Cecil, Matt Clark, Crank, Critz, Finney, Flood. Foster, Fulkerson, T. S. Gibson, Goodwyn, Grayson, Griffith, Hale, Harris, Hill, Holbrook, William Hoskins, Jolm T. Hoskins, Howard, James, J. II. Lacy, Lamkin, Lee, Lightner, Lipps, Longley, Lucas, Lybrook, May, McMullan, Moore, Morris, John L. Nash, W. A. Nash, Popham, Powell, Rains, Richmond, Riddlebarger, Round, Spratt, Stovall, Strother, Syphax, Taylor, and Yager-51.

The house joint resolution, as amended, was ordered to be engrossed to be read a third time.

A message was received from the senate by Mr. Moffett, who informed the house that the senate had agreed to report of joint committee on the late defalcation in relation to certain bonds of the Commonwealth, as amended by the house.

No. 253. House bill to amend and re-enact the 13th and 59th sections of chapter 78 of the Code of 1873; in relation to public free schools, was,

On motion of Mr. Lamkin, taken up out of its order on the calendar. Mr. Popham moved to amend the bill by adding at end of 13th section, as proposed to be amended, the following words: "either from State or county appropriation."

Mr. Round moved to strike out the 13th section as proposed to be amended.

Mr. Bohannon moved to lay the bill on the table, which was rejected-yeas 42; nays 61.

On motion of Mr. Graves, the vote was recorded as follows:

YEAS-Messrs. Armstrong, Bagwell, Beaton, Bohannon, Boykin, Brooks, Brown, J. A. Carter, P. J. Carter, A. J. Clark, Dooley, Fitzpatrick, Franklin, Friend, Fulkerson, Gilman, Graves, Hamilton, Harrison, Henderson, Hill, R. S. Jones, J. H. Lacy, Lipscomb, Longley, Lovell, Lovenstein, Loving, Lybrook, Magruder, Massey, McMullan, Moore, Morrison, Moss, J. L. Nash, W. A. Nash, Nickens, Shumate, Stuart, Winn, and Mr. Speaker-42.

NAYS-Messrs. Alexander, Banks, Bickings, Blair, Brady, Branch, Jack Carter, Matt Clark, Cockerille, Finney, Flood, Foster, Gardner, P. Gibson, T. S. Gibson, Gilliam, Goodwyn, Grayson, Griffith, Hale, Harris, Holbrook, Willlam Hoskins, John T. Hoskins, Howard, Hudgin, Hunter, James, P. K. Jones, Koiner, B. W. Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Lucas, May, Montague, Morris, Neeley, Norton, Paige, Pendleton, Popham, Powell, Rains, Richmond, Scruggs, Spratt, Stovall, Strother, Swann, Syphax, Taylor, Thomas, Wallace, Webb, Wharton, Whittaker, and Young-61.

The amendment offered by Mr. Popham was rejected.

The motion by Mr. Round to strike out the 13th section, as proposed to be amended, was rejected-yeas 46; nays 59.

On motion of Mr. Round, the vote was recorded as follows:

YEAS.-Messrs. Armstrong, Bagwell, Beaton, Blair, Boykin, Brooks, Brown, Campbell, J. A. Carter, P. J. Carter, A. J. Clark, Crank, Fitzpatrick, Franklin, Friend, Fulkerson, Gardner, Gilman, Graves, Harris, Harrison, Henderson, R. S. Jones, Lougley, Lovell, Lovenstein, Loving, Lucas, Lybrook, Magruder, May, Me Mullan, Moore, Morrison, Moss, J. L. Nash, W. A. Nash, Round, Scruggs, Sellers, Shumate, Stovall, Stuart, Syphax, Winn, and Mr. Speaker-46.

NAYS-Messrs. Alexander, Banks, Bickings, Bohannon, Brady, Branch, Jack Carter, Cecil, Matt Clark, Cockerille, Critz, Finney, Flood, Foster, P. Gibson, T. S. Gibson, Gilliam, Goodwyn, Griffith, Hale, Hamilton, Hill, Holbrook, William Hoskins, John T. Hoskins, Howard, Hudgin, Hunter, James, P. K. Jones, Koiner, B. W. Lacy, J. H. Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Lipscomb, Massey, Montague, Morris, Nickens, Norton, Paige, Pendleton, Popham, Powell, Rains, Richmond, Spratt, Strother, Swann, Taylor, Thomas, Wallace, Webb, Whittaker, and Young-59.

On motion of Mr. Jack Carter, the house adjourned until to-morrow at 11 o'clock A. M.

FRIDAY, MARCH 13, 1874.

Prayer by Rev. J. E. Edwards, of the Methodist church.

The journal was read by the clerk.

A communication from the senate, by their clerk, was read as follows:

In Senate, March 12, 1874.

The senate have passed house bills entitled

An act to prevent the sale of intoxicating liquors to minors; No. 91. An act incorporating Pamplin City, Virginia; No. 116.

An act to pay Henry A. Wise for his services as commissioner and for his expenses on the commission to adjust the boundary line between Virginia and Maryland; No. 123.

An act to amend first section of an act approved March 29, 1871, concerning the town of Columbia, Fluvanna county; No. 223. And An act to amend the first, third and fourth sections of the charter of the town of Ashland; No. 227.

And they have passed, with amendments, house bill entitled

An act to amend and re-enact section 13 of chapter 123 of the Code of 1873, relative to the power of circuit and corporation courts over guardians and wards; No. 107.

They have passed bills entitled

An act for the relief of Ira M. Hurt and Ira Hurt, sureties for Richard A. Hurt, a lunatic; No. 143. And

An act making an annual appropriation to the sinking fund for the purchase of certain bonds of the State; No. 223.

In which amendments and bills they respectfully request the concurrence of the house of delegates.

No. 107. House bill, was referred to the committee for courts of justice.

Senate bills Nos. 143 and 223 were read twice and referred to the committe on finance.

No. 172. Senate bill entitled an act to amend and re-enact section 41 of chapter 86, Code of 1873, in relation to inspections, was reported from the committee on agriculture and mining.

No. 130. Senate bill entitled an act to incorporate the Farmers' mutual insurance company, was reported from the committee on proposisitions and grievances.

No. 299. House bill to incorporate the Mercantile club of the city of Richmond, reported from the committee on propositions and grievances, was read a first time.

No. 300. House joint resolution extending the privilege of taking fish from the waters of the Potomac river to the citizens of Westmoreland, reported from the committee on Chesapeake and its tributaries, was read a first time.

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