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Horace Lacy, Lee, Lewis, Lightner, Lovell, Lovenstein, Loving, Lucas, Lybrook, Magruder, Massey, McGonigal, McMullan, Montagne, Morris, Morrison, Neeley, Nickens, O'Neal, Ould, Pendleton, Popham, Powell, Rogers, Shumate, Strother, Stuart, Swann, Taliaferro, Taylor, Wallace, Webb, Wharton, Williams, Winn, Withers, Yager, and Mr. Speaker-77.

NAYS—Messrs. Armstrong, Bickings, Cecil, Matt Clark, Cox, Crank, Hale, Hamilton, Harris, Holbrook, Howard, P. K. Jones, R. 8. Jones, Lamkin, Lipscomb, May, Moss, W. A. Nash, Norton, Pannill, Round, Scruggs, Syphax, Turner, and Young—25.

A message was received from the senate by Mr. Herndon, who informed the house that the senate had passed senate bill entitled an act to incorporate the Little sisters of the poor in Richmond, No. 328; in which they respectfully request the concurrence of the house.

The speaker laid the bill before the house, as requiring immediate attention.

The bill was read twice and placed on the calendar, the rules having been suspended (on motion of Mr. Gilman) requiring its reference to a committee.

The name of Mr. Anderson being called, he called up senate bill No. 328.

The bill was read a third time and passed.

Mr. Dooley moved a reconsideration of the vote by which the bill was passed, which was rejected. The speaker laid before the house the following communication :

COMMONWEALTH OF VIRGINIA,

GOVERNOR'S OFFICE,

Richmond, April 17th, 1874. To the honorable the house of delegates :

Disapproving the bill entitled "an act to allow the voters of the town of Suffolk to elect a supervisor," I now return it with my objections to the house in which it originated.

The bill authorizes the voters of Suffolk, at the regular election of supervisors of Nansemond county, to elect a supervisor for that town; and it provides that the person so elected shall have the powers and be subject to the laws pertaining to supervisors of the county, and he is to be a member of the county board of supervisors.

The second section of the seventh article of the constitution provides:

“Each county of the State shall be divided into so many compactlylocated townships as may be deemed necessary, not less than three: provided, that after three have been formed no additional township shall be made containing less than thirty square miles.

In each township there shall be elected annually one supervisor. The supervisors of each township shall constitute the board of supervisors for that county.

The constitution expressly declares of whom the county board shall be composed—that is to say, of one supervisor from each of the townships. Upon the well-known rule of construction, that the expression of one or more is an exclusion of all others, the membership of the

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board is constitutionally limited to the several supervisors of the townships proper. No one but the supervisor of a township can be a member of the board, and no township can be represented by more than one supervisor. If the town of Suffolk is held to be part of the township within which it may be situate, then the bill would authorize two supervisors for that single township. But if the town of Suffolk be not embraced within any township, the bill would introduce into the board of supervisors of the county a member neither representing nor elected by the voters of any township,

It cannot be supposed that the object of the bill was to constitute the town of Suffolk a new and independent township of the county of Nansemond; or, even if such were the case, that the town of Suffolk embraces the thirty square miles requisite for the formation of an additional township in that county.

For these reasons it is held that a supervisor elected by the voters of the town of Suffolk cannot constitutionally become a member of the board of supervisors of Nansemond county, and the bill is respectfully returned for your consideration.

JAMES L. KEMPER.

The house proceeded to reconsider the bill.

The question being, “Shall the bill become a law notwithstanding the objections of the governor?” was put and decided in the negative.

The hour of 12 o'clock M. having arrived, special order

No. 10. Senate bill entitled an act to provide for the lease of the penitentiary, came up.

Mr. Cecil moved to adjourn, which was rejected-yeas 13; nays 91. On motion of Mr. J. A. Carter, the vote was recorded as follows:

YEAS-Messrs. Cecil, Fitzpatrick, Gilman, Goodwyn, R. S. Jones, Lucas, May, Montague, Morris, Sellers, Swann, Taliaferro, and Turner-13.

Nays-Messrs. Anderson, Armentrout, Armstrong, Beaton, Bickings, Blair, Boykin, Branch, Brooks, Brown, Campbell, J. A. Carter, Jack Carter, P. J. Carter, A. J. Clark, Matt Clark, Cockerille, Coghill, Cox, Crank, Critz, Davis, Finney, Flood, Franklin, Friend, Gaines, T. S. Gibson, Haden, Hale, Harris, Harrison, Henderson, Hill, Hoenniger, Holbrook, J. T. Hoskins, Howard, Hudgin, Hunter, James, Jett, P. K. Jones, Jordan, Koiner, B. W. Lacy, J. Horace Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Lybrook, Massey, McGonigal, McMullan, Morrison, Moss, J. L. Vash, W. A. Nash, Neeley, Nickens, Norton, O'Neal, Oulu, Pannill, Pendleton, Popham, Richmond, Rogers, Round, Shumate, Stovall, Strother, Stuart, Syphax, Taylor, Van Auken, Webb, Wharton, Whittaker, Williams, Winn, Withers, Yager, Young, and Mr. Speaker-91.

The hour of 3 o'clock P. M. having arrived, the chair was vacated until 8 o'clock P. M.

EVENING SESSION,

The chair was resumed at 8 o'clock P. M.

The question being on ordering senate bill No. 10, entitled an act to provide for the lease of the penitentiary, to its third reading, was put and decided in the negative-yeas 39; nays 61.

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

YEAS—Messrs. Armstrong, Beaton, Brooks, Brown, Campbell, A. J. Clark, Critz, Dooley, Finney, Fulkerson, P. Gibson, Gilman, Grayson, Hale, Hamilton, Harrison, Hoenniger, Holbrook, John T. Hoskins, Hunter, Jordan, Koiner, J. H. Lacy, Lamkin, Longley, Lovenstein, Massey, McGonigal, Montague, Morrison, Pendleton, Powell, Richmond, Riddlebarger, Round, Scruggs, Sellers, Spratt, and Yager-39.

NAYS-Messrs. Allen, Anderson, Blair, Bohannon, Boykin, Branch, J. A. Carter, Jack Carter, P. J. Carter, Cockerille, Coghill, Cox, Crank, Fitzpatrick, Foster, Franklin, Friend, Gaines, T. S. Gibson, Goodwyn, Haden, Harris, Henderson, Hill, Howard, James, Jett, P. K. Jones, R. S. Jones, B. W. Lacy, Lee, Lipscomb, Lovell

, Loving, Lucas, McMullan, Morris, John L. Nash, Neeley, Nickens, Norton, O'Neal, Pannill, Rogers, Shumate, Stovall, Strother, Stuart, Swann, Syphax, Taliaferro, Taylor, Turner, Van Auken, Wallace, Webb, Whittaker, Williams, Winn, Withers, and Young---61.

Mr. Cockerille moved a reconsideration of the vote by which the house refused to order the bill to its third reading, which was rejected.

The following senate bills were read a third time and passed :

No. 288. Senate bill entitled an act for the relief of the sureties of A. S. Modesitt, late treasurer of Page county-yeas 94; nays 1.

The vote required by the constitution was recorded as follows: YEAS—Messrs. Allen, Anderson, Armentrout, Armstrong, Beaton, Blair, Bohannon, Boykin, Brooks, Brown, Campbell, J. A. Carter, Jack Carter, P. J. Carter, Matt Clark, Cockerille, Coghill, Cox, Critz, Finney, Fitzpatrick, Foster, Franklin, Friend, Gaines, P. Gibson, T. S. Gibson, Gilman, Goodwyn, Grayson, Haden, Hale, Hamilton, Harris, Henderson, Hill, Hoenniger, Holbrook, John T. Hoskins, Howard, Hunter, James, Jett, P. K. Jones, Jordan, Koiner, B. W. Lacy, J. H. Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Lipscomb, Lovell, Lovenstein, Loving, Lucas, Massey, McGonigal, McMullan, Montague, Morris, Morrison, J. L. Nash, Neeley, Nickens, Norton, O'Neal, Pendleton, Powell, Richmond, Rogers, Round, Sellers, Shumate, Spratt, Stovall, Stuart, Swann, Syphax, Taliaferro, Taylor, Turner, Van Auken, Wallace, Webb, Whittaker, Williams, Winn, Withers, Yager, Young, and Mr. Speaker-94.

NAYS-Mr. R. S. Jones-1.

No. 315. Senate bill entitled an act to amend and re-enact sections 28 and 42 of an act entitled an act providing a charter for the city of Staunton.

No. 216. Senate bill entitled an act to authorize the Lynchburg and Campbell courthouse turnpike company to transfer to the city of Lynchburg the portion of said turnpike road which lies within the limits of said city.

No. 283. Senate bill entitled an act to authorize the town council of Marion, in Smyth county, to borrow money.

The following house bills were read a second time and ordered to be engrossed to be read a third time:

No. 168. House bill to incorporate the town of Lawrenceville, in Brunswick county (amended).

No. 163. House bill to encourage intermediate grades of instruction in public schools.

No. 353. House bill to prevent obstructions to the free passage of fish in the streams of the State (amended).

No. 231. House bill to authorize the treasurer of Nansemond county, to invest, by order of the school trustees of the town of Suffolk, the district school tax of the town of Suffolk.

No. 259. House bill to amend the charter of the Matoaca manufacturing company, in the county of Chesterfield.

No. 158. House bill to amend and re-enact the 16th section of chapter 128 of the Code of 1873 in reference to commissioners in chancery.

No. 283. House bill to amend and re-enact section 54 of chapter 78 of the Code of 1873 in relation to the condemnation of lands for schoolhouses.

No. 352. House engrossed bill to amend and re-enact the 7th section of chapter 100 of Code of 1873, prohibiting non-residents from taking or catching fish in the waters of this Commonwealth, was read a third time and passed.

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

SATURDAY, APRIL 18, 1874.

Prayer by Rev. Dr. H. A. Tupper, of the Baptist church.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as follows:

In Senate, April 17, 1874.

The senate have passed house bills entitled

An act giving the consent of this State to the purchase by the United States of a tract of land in the county of Henrico, and of two parcels of land in the town of Danville, to be used for military cemeteries ; No. 27. And

An act to provide for the payment of interest on the public debt; No. 132.

And they have passed, with amendments, house bills entitled

An act to amend the charter of the town of Chatham, in Pittsylvania county ; No. 224. And

An act to provide for the organization and government of the volunteer militia of the State, and to repeal existing laws concerning the same; No. 207.

They have passed bills entitled

An act for the relief of William C. Moncure, William McGruder and others; No. 242. And

An act to provide a charter for the town of Waynesboro', in the county of Augusta; No. 322.

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

No. 224. House bill, was placed on the calendar, the rules having been suspended, on motion of Mr. Scruggs, requiring its reference to a committee.

No. 207. House bill, was referred to the committee on militia and police.

Nos. 242 and 322. Senate bills, were read twice and placed on the calendar, the rules having been suspended requiring their reference to committees.

No. 261. Senate bill entitled an act to provide for the appointment of fish commissioners for the State of Virginia, was reported from the committee on Chesa peake and its tributaries with an amendment in the riature of a substitute.

The following senate bills were reported from the committee on propositions and grievances :

No. 241. Senate bill entitled an act to authorize the councils of Norfolk city to drain or otherwise improve certain low or marsh land, and to change Back creek in said city.

No. 231. Senate bill entitled an act to incorporate the Odd Fellows relief association of Virginia.

No. 296. Senate bill entitled an act to incorporate the Ladies memorial association of Fredericksburg

No. 272. Senate bill entitled an act to incorporate the Presbyterian cemetery at Lynchburg, with a recommendation that it do not pass.

No. 278. Senate bill entitled an act to amend and re-enact the first and second sections of an act entitled an act to incorporate the Hollywood cemetery company, passed February 26, 1856.

No. 375. House bill to authorize the sale of the Union church property in Prince William county to the Old School Baptist church, reported from the committee on propositions and grievances with a recominendation that it do not pass, was read a first time.

Leave of absence was granted Messrs. Hill and Magruder two days each.

Mr. Powell stated that had he been present when the vote was taken on the passage of No. 276, house bill for the assessment, levy and collection of taxes, he would have voted in the affirmative.

Mr. Van Anken entered a motion to reconsider the vote by which the report of the committee of seven to investigate charges, &c., made by minority report of committee on roads and internal navigation, in relation to the Atlantic, Mississippi and Ohio railroad company, was agreed to.

The following were presented and referred uncler rule 37 :

By Mr. Bagwell: A bill in relation to certain school funds in the county of Accomac. Referred to committee on schools and colleges.

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