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The committee subsequently, by their chairman, reported as follows:

Whole number of votes cast,
Necessary to a choice,
R. F. Walker received
John R. Hathaway, received

143

72 121 22

R. F. Walker having received a majority of all the votes cast, was declared duly elected superintendent of public printing for the term commencing January 20, 1874.

Mr. Neeley nominated W. P. M. Kellam for the office of register of the land office.

Mr. Peter J. Carter nominated John R. Read.

Ordered, That Mr. Neeley inform the senate of the nominations made in the house.

A message was received from the senate by Mr. Terry, who informed the house that no additional nominations had been made in the senate.

The roll was called with the following result:

For W. P. M. Kellam,

J. R. Read,

89
16

The vote was recorded as follows:

For W. P. M. KELLAM-Messrs. Allen, Anderson, Armentrout, Armstrong, Bagwell, Banks, Beaton, Blair, Bohannon, Boykin, Brooks, Brown,

Campbell, J. Armistead Carter, Jack Carter, Cecil, A. J. Clark, Coghill, Critz, Davis, Finney, Fitzpatrick, Foster, Franklin, Fulkerson, Gardner, P. Gibson, T. S. Gibson, Gilman, Grayson, Griffith, Haden, Hale, Harrison, Henderson, Holbrook, William Hoskins, Howard, Hudgin, James, Jett, Jordan, Koiner, B. W. Lacy, J. Horace Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Lybrook, Magruder, Massey, McMullan, Montague, Moore, Morris, Morrison, John L. Nash, Neeley, Ould, Pannill, Pendleton, Popham, Powell, Richmond, Riddlebarger, Rogers, Scruggs, Sellers, Shumate, Spratt, Strother, Stuart, Swann, Taliaferro, Walke, Wallace, Webb, Wharton, Williams, Winn, Withers, Yager, and Mr. Speaker-89.

For J. R. READ_Messrs. Brady, Branch, Peter J. Carter, Matt. Clark, Gilliam, Hamilton, Harris, Rufus S. Jones, May, McGonigal, Moss, Nickens, Stovall, Thomas, Van Auken, and Young--16.

The committee subsequently, by their chairman, reported as follows:

Whole number of votes cast,
Necessary to a choice,
W. P. MÍ. Kellam received
J. R. Read received

135

68 118 17

W. P. M. Kellam having received a majority of all the votes cast, was declared duly elected register of the land office for the term commencing January 20, 1874.

On motion of Mr. Graves, the house adjourned until to morrow at 12 o'clock M.

TUESDAY, JANUARY 6, 1874.

Prayer by Rev. A. C. Bledsoe, of the Methodist church.
The journal was read by the clerk.

A message was received from the senate by Mr. Ward, who informed the house that the senate had agreed to house joint resolution in relation to the election of county judges of the district composed of the counties of Clark and Warren and of the county of Halifax, with an amendment.

The amendment of the senate as follows:-Strike out the following words, “and also to the election of a judge of the county court of the county of Halifax, to supply the vacancy occasioned by the death of Thomas Leigh, Esq., late judge of the said county court”—was agreed to.

Mr. Lovenstein moved a reconsideration of the vote by which the amendment of the senate was agreed to, which motion was rejected.

Ordered, That Mr. Lovenstein inform the senate that the house had agreed to the amendment of the senate.

Mr. Lovenstein offered the following resolution:

Resolved (the senate concurring), The general assembly will proceed this day, at ì o'clock, to the election of the following officers in the order named: Auditor of public accounts, superintendent of public instruction, superintendent of penitentiary, and general agent and storekeeper of the penitentiary.

The house refused to refer the resolution to a committee.
The resolution was agreed to.

Mr. Lovenstein moved a reconsideration of the vote by which the resolution was agreed to, which motion was rejected.

Ordered, That Mr. Lovenstein carry the resolution to the senate and request their concurrence.

A message was received from the senate by Mr. Nowlin, who informed the house that the senate had agreed to the resolution.

Mr. Round moved a suspension of the rule in order to enable him to present a joint resolution in reference to public schools, which was rejected.

The joint resolution was referred to the committee on Federal relations and resolutions.

On motion of Mr. Jack Carter, the chair was vacated until 1 o'clock P. M.

The following were presented and referred under rule 37:

By Mr. Lewis: Petition of citizens of Clarke county, recommending Col. J. W. Ware for county judge. Referred to committee for courts of justice.

By Mr. Holbrook: A bill to establish an additional lunatic asylum. Referred to committee on asylums and prisons.

By Mr. McGonigal:
Resolved, That the committee for agriculture and mining be requested

to inquire into the expediency of so amending the law in relation to fences as to allow the qualified voters of each township in Surry county to vote thereon, and that a majority of electors voting shall decide the question of fence or no fence in the townships of said county.

By Mr. Boykin: A bill to repeal an act declaring a portion of Smith's creek and Cohoon's creek a lawful fence, approved 8th March, 1873. Referred to committee on agriculture and mining.

By Mr. Winn: A petition of Wm. A. Reese, contesting seat of P. K. Jones, of Greenesville county. Referred to committee on privileges and elections.

By Mr. Lewis: Petition of John H. and Wm. R. Alexander, asking the correction of an erroneous assessment of taxes upon their lands, in Clarke county, and a return of the amount paid under such assessment. Referred to committee on finance.

By Mr. Bagwell: A petition of Benj. J. Walker and B. W. L. Holt, contesting the seats of Ross Hamilton and Geo. W. Young, of the county of Mecklenburg. Referred to committee on privileges and elections.

By Mr. Harris: Petition of Henry Turpin, contesting seat of E. S. Pendleton, of the county of Goochland. Referred to committee on privileges and elections.

By Mr. Critz: A bill to provide a copy of the new Code to members of the present legislature. Referred to committee on library.

By Mr. O'Neal: A bill to amend the second section of chapter 113 of the Code in relation to escheators. Referred to committee for courts of justice.

By Mr. Hale: A bill to amend and re-enact the first section of an act entitled an act to provide for the protection of fish in New river and its tributaries, &c. Referred to committee on Chesapeake and its tributaries.

By Mr. Scruggs :

Resolved, That the committee for courts of justice inquire into the propriety of making it a penal offence for any person to pull and leave down the fence of another, or for opening and leaving open the gate of another, and to report by bill or otherwise.

By Mr. Dooley: A bill to amend and re-enact the 13th section, chapter 13, Code of 1873, with reference to the salary of city and corporation judges. Referred io committee for courts of justice.

By Mr. Riddlebarger: A bill to exempt a grant of land to the Lutheran church congregation of Shenandoah county from taxation. Referred to committee on finance.

The hour of one o'clock P. M., having arrived,

Ordered, That Mr. Dooley inform the senate that the house is ready on its part to proceed to the execution of the joint order.

A message was received from the senate by Mr. Smith, of Nelson, who informed the house that the senate was ready on its part to proceed to the execution of the joint order.

Mr. Lovell nominated John E. Page, of Warren, for the office of

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county judge of the district composed of the counties of Warren and Clarke.

Ordered, That Mr. Lovell inform the senate that John E. Page is the only person in nomination before the house.

A message was received from the senate by Mr. Ward, who informed the house that no additional nomination had been made to the senate.

The roll was called with the following result:

For John E. Page,

94

The vote was recorded as follows:

For JOHN E. PAGE-Messrs. Alexander, Allen, Anderson, Armstrong, Bagwell, Banks, Beaton, Blair, Bohannon, Brooks, J. Armistead Carter, Jack Carter, Cecil, A. J. Clark, Cockerille, Coghill, Crank, Critz, Davis, Dooley, Finney, Flood, Foster, Franklin, Fulkerson, Gaines, Gardner, P. Gibson, T. S. Gibson, Gilman, Graves, Grayson, Griffith, Hale, Harrison, Henderson, Hoeninger, Holbrook, Wm. Hoskins, John T. Hoskins, Howard, Hudgin, Hunter, James, Jett, Jordan, Koiner, B. W. Lacy, J. Horace Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Lybrook, Magruder, Massey, McMullan, Montague, Moore, Morris, Morrison, John L. Nash, W. A. Nash, Neeley, Ould, Pannill, Pendleton, Popham, Powell, Richmond, Riddlebarger, Rogers, Scruggs, Sellers, Shumate, Strother, Stuart, Swann, Taliaferro, Taylor, Walke, Wallace, Webb, Wharton, Williams, Winn, Withers, Yager, and Mr. Speaker—94.

The speaker appointed Messrs. Lovenstein, Lee and ONeal the committee on the part of the house to count and report the joint vote.

The committee subsequently, by their chairman, reported as follows:

Whole number of votes cast,
Necessary to a choice,
John E. Page received
J. W. Ware received
William Kennerly received

128

65
122

5
1

John E. Page having received a majority of all the votes cast, was declared duly elected county judge for the district composed of the counties of Warren and Clark, to fill a vacancy occasioned by the failure on the part of John T. Lovell to qualify.

Mr. Cogħill nominated William F. Taylor for the office of auditor of public accounts.

Mr. ONeal nominated John W. Walsh.

Ordered, That Mr. Coghill inform the senate of the nominations made in the house.

A message was received from the senate by Mr. Smith, of Russell, who informed the house that no additional nominations had been made in the senate. The roll was called with the following result. For William F. Taylor, John W. Walsh,

22 The vote was recorded as follows:

94

For WM. F. TAYLOR—Messrs. Alexander, Allen, Anderson, Armentrout, Armstrong, Bagwell, Banks, Beaton, Blair, Bohannon, Brooks, Brown, Campbell, J. Armistead Carter, Jack Carter, Cecil, A. J. Clark, Cockerille, Coghill, Crank, Critz, Davis, Dooley, Finney, Fitzpatrick, Flood, Foster, Franklin, Gaines, Gardner, P. Gibson, T. S. Gibson, Gilman, Graves, Grayson, Griffith, Haden, Hale, Harrison, Henderson, Hoeninger, Holbrook, Wm. Hoskins, John T. Hoskins, Howard, Hudgin, Hunter, James, Jett, Jordan, Koiner, B. W. Lacy, Lamkin, Lee, Lewis, Lipps, Longley, Lovell, Lovenstein, Loving, Lybrook, Magruder, Massey, McMullan, Montague, Moore, Morris, John L. Nash, Neeley, 'Ould, Pannill, Pendleton, Powell, Richmond, Riddlebarger, Rogers, Scruggs, Sellers, Shumate, Strother, Stuart, Swann, Taliaferro, Taylor, Turner, Walke, Wallace, Webb, Wharton, Williams, Winn, Withers, Yager, and Mr. Speaker-94.

For John W. WALSH-Messrs. Bickings, Branch, Peter J. Carter, Matt. Clark, Goodwyn, Harris, Hill, Rufus S. Jones, Lucas, May, McGonigal, Moss, W. A. Nash, Nickens, Norton, O'Neal, Paige, Stovall, Thomas, Van Auken, Whitaker, and Young-22.

The committee subsequently, by their chairman, reported as follows :

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William F. Taylor having received a majority of all the votes cast, was declared duly elected auditor of public accounts for the term commencing January 20, 1874.

Mr. Anderson nominated William H. Ruffner for the office of superintendent of public instruction.

Ordered, That Mr. Anderson inform the senate that William H. Ruffner is the only person in nomination before the house.

A message was received from the senate by Mr. Grimsley, who informed the house that no additional nomination had been made in the house.

The roll was called with the following result :

For William H. Ruffner,

116

The vote was recorded as follows:

For Wm. H. RUFFNER—Messrs. Alexander, Allen, Anderson, Armentrout, Armstrong, Bagwell, Banks, Beaton, Bickings, Blair, Bohannon, Brady, Branch, Brooks, Brown, Campbell, J. Armistead Carter, Peter J. Carter, A. J. Clark, Matt. Clark, Cockerille, Coghill, Crank, Critz, Dooley, Finney, Fitzpatrick, Flood, Foster, Franklin, Fulkerson, Gaines, Gardner, P. Gibson, T. S. Gibson, Gilliam, Gilman, Goodwyn, Graves, Grayson, Griffith, Haden, Hale, Hamilton, Harris, Ilarrison, Henderson, Hoeninger, Holbrook, William Hoskins, John T. Hoskins, Howard, JIudgin, Hunter, James, Jett, P. K. Jones, Rufus S. Jones, Koiner, B. W. Lacy, J. Horace Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Lucas, Lybrook, Magruder, Massey, May, McGonigal, McMullan, Montague, Moore, Morrison, John L. Nash, w. A. Nash, Neeley, Nickens, Norton, O'Neal, Ould, Pannill, Pendleton, Popham, Powell, Richmond, Rogers, Round, Scruggs, Sellers, Shumate, Stovall, Strother, Stuart, Swann, Syphax, Taliaferro, Taylor, Turner, Van Auken,' Wallace, Webb, Wharton, Whittaker, Williams, Winn, Withers, Yager, Young, and Mr. Speaker-116.

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