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MONDAY, JANUARY 12, 1874.
The journal was read by the clerk.
The speaker laid before the house a memorial by the Saratoga monument association, which was referred to the committee on propositions, and grievances.
The speaker laid before the house a report of the committee of two hundred citizens of the resident population of New Orleans, in relation to an election held in the State of Louisiana, which was referred to the committee on Federal relations and resolutions.
The following bills, reported from the committee on propositions and grievances, were read a first time :
No. 17. House bill to prevent obstructing with timber, or rendering foul the water courses of this State.
No. 18. House bill incorporating the Rich Valley tanning and leather manufacturing company, in the county of Washington.
No. 19. House bill to amend and re-enact an act for the relief of the late sheriffs of the Commonwealth, reported from the committee on finance, with the recommendation that it do not pass, was read a first time.
The unfinished business of the morning hour being the question on agreeing to the motion by Mr. Koiner to strike out the word "inexpedient" and insert "expedient,” in the following resolution of the committee for courts of justice:
The committee for courts of justice have, according to order, taken into consideration a resolution to make 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 have adopted the following resolution thereupon:
Resolved (as the opinion of this committee), That it is inexpedient to adopt the proposed change in the law-was put and decided in the affirmative.
The resolution of the committee for courts of justice, as amended, was agreed to.
Mr. Taliaferro offered the following resolution:
Resolved, That all bills, resolutions and petitions having reference to the fishing interest of the Commonwealth, whether relating to revenue or protection, or other objects, shall be referred to and acted on by the committee on the Chesapeake and its tributaries, which committee shall have the entire control of the subject out of the house.
The house refused to refer the resolution to a committee.
Mr. Hudgin offered the following joint rules for the government of the senate and house of delegates when convened in joint assembly for the election of senators in congress :
For the government of the senate and house of delegates when con
vened in joint assembly for the election of senators in congress : 1. At the hour fixed for the meeting of the joint assembly, the senators, accompanied by the president and clerk of the senate, shall proceed to the hall of the house of delegates, and shall be received by the delegates standing. The speaker shall vacate his chair, which shall be taken by the president of the senate. Appropriate seats shall be assigned to the senators by the sergeant-at-arms of the house.
2. The president of the senate shall be the president of the joint assembly. In case it shall be necessary for him to vacate the chair, his place shall be taken by the speaker of the house, or, in case of his absence, by such member of the joint assembly as the president may designate.
3. The clerk of the house shall be the clerk of the joint assembly, and shall be assisted by the clerk of the senate. He shall enter the proceedings of the joint assembly in the journal of the house, and shall certify the same to the clerk of the senate, who shall also enter them on the journal of the senate.
4. The sergeant-at-arms, doorkeepers and pages of the house shall act as such for the joint assembly.
5. The rules of the house of delegates, so far as applicable, shall be the rules of the joint assembly.
6. When the joint assembly first meets, as provided by the acts of congress, the journals of the senate and house of delegates for the preceding day shall be read. If, when the journals shall be read, it shall appear that the same person shall have received a majority of the votes in each house for senator, the result shall be declared by the president.
7. If no person shall have received a majority in each house, the joint assembly shall then proceed to vote viva voce for senator or senators in succession, as the case may be, as provided in the act of congress; and no motion for adjournment shall be in order on any day until at least one such vote shall have been taken, or if two senators are to be elected, one such vote in each case.
8. In calling the roll of the joint assembly the names of the senators shall be called first in alphabetical order, and then the names of the delegates in like order, except that the name of the speaker of the house shall be called last.
9. When the election shall be made as required, the joint assembly shall adjourn sine die, and the result shall be certified by the president and clerk of the joint assembly to the governor.
10. If no election shall be made, the joint assembly, when it adjourns, shall adjourn to meet at 12 o'clock meridian on the succeeding day.
11. If, when the joint assembly meets, it shall be ascertained that a majority of each house is not present, the joint assembly may take measures to secure the attendance of absentees, or adjourn until the succeeding day, as a majority of those present may determine.
12. When the joint assembly adjourns, the senators, accompanied by the president and clerk of the senate, shall return to their chamber. The speaker of the house shall resume the chair, and the business of the house shall be proceeded with in the same order as when it was interrupted by the entrance of the senators.
The house refused to refer the joint rules to a committee.
Mr. Hudgin moved a reconsideration of the vote by which the joint rules were agreed to, which motion was rejected.
Ordered, That Mr. Hudgin carry the joint rules to the senate and request their concurrence.
The following were presented and referred under rule 37:
By Mr. A. J. Clark: A bill to make valid the charter of the Virginia savings banks of Lynchburg, Virginia, granted by the Lynchburg circuit court. Referred to committee for courts of justice.
By Mr. Wharton: Petition of the mayor, council and citizens of the town of Newburn, Pulaski county, Virginia, asking an amendment to charter of said town authorizing a tax on dogs. Referred to committee on finance.
By Mr. Morrison : A bill in relation to the wills of Isaac and Mary M. Davis, devising property to certain ministers of the gospel. Referred to committee for courts of justice.
By Mr. Morris: A bill to incorporate the Martinsville warehouse company, in the county of Henry. Referred to committee on banks, currency and commerce.
By Mr. Powell: Resolved, That the committee for courts of justice report by bill or otherwise as to the necessity of a formal adoption of the Code of 1873.
By Mr. T. S. Gibson :
Resolved, That the committee for courts of justice be instructed to inquire into the expediency of amending section 25, chapter 158 of the Code of 1873, so as to allow additional pay to the grand jurors of Lee county.
By Mr. Riddlebarger : A petition of citizens of Strasburg, in Shenandoah county, praying for a special license law. Referred to committee on finance.
By Mr. Matt Clark: Joint resolution instructing our senators in congress, &c., to adopt measures of relief in our present financial difficulties. Referred to committee on Federal relations and resolutions.
By Mr. Graves :
Resolved, That the committee on schools and colleges inquire into the expediency of sub-districting each school district in the Commonwealth, and report by bill or otherwise.
Leave of absence was granted Messrs. Alexander and Van Auken six days each.
On motion of Mr. Boykin, the house adjourned until to-morrow at 12 o'clock M.
TUESDAY, JANUARY 13, 1874.
The journal was read by the clerk.
Resolved, That when this house adjourn to-day it adjourn to meet to-morrow at 111 o'clock A. M.
A message was received from the senate by Mr. Nowlin, who informed the house that the senate had agreed to the joint rules for the government of the senate and house of delegates when convened in joint assembly for the election of senators in congress.
On motion of Mr. Anderson, the chair was vacated until 5 o'clock P. M.
The house met at 5 o'clock P. M.
Resolved (with the concurrence of the senate), That the two houses will now proceed to elect a senator to the congress of the United States, according to the provisions of the act of congress, for the term of six years, commencing on March 4th, 1875.
Which was agreed to.
Mr. A. J. Clark moved a reconsideration of the vote by which the joint resolution was agreed to, which motion was rejected.
Ordered, That Mr. A. J. Clark carry the joint 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 joint resolution.
Mr. A. J. Clark nominated Robert E. Withers.
Ordered, That Mr. A. J. Clark 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 Robert E. Withers,
J. P. Evans,
The votes were recorded as follows:
For ROBERT E. WITHERS-Messrs. Allen, Anderson, Armentrout, Armstrong, Bagwell, Banks, Beaton, Blair, Bohannon, Boykin, Brooks, Brown, Campbell, J. Armistead Carter, Jack Carter, Cecil, A. J. Clark, Cockerille, Coghill, Crank, Critz, Davis, Finney, Fitzpatrick, Flood, Foster, Franklin, Fulkerson, Gaines, Gardner, P. Gibson, T. S. Gibson, Gilman, Graves, Grayson, Griffith, Haden, Hale, Harrison, Henderson, Hoeninger, Holbrook, Wm. 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, Moore, Morris, Morrison, John L. Nash, Neeley, Pannill, Pendleton, Popham, Powell, Riddlebarger, Rogers, Scruggs, Sellers, Shumate, Spratt, Strother, Stuart, Swann, Taliaferro, Taylor, Wallace, Webb, Wharton, Williams, Winn, Withers, Yager, and Mr. Speaker-93.
For J. P. EVANS-Messrs. Bickings, Branch, Peter J. Carter, Matt Clark, Cox, Gilliam, Goodwyn, Harris, Hill, Rufus S. Jones, Lipscomb, Moss, Nickens, Syphax, and Whittaker-15.
For JOHN F. LEWIS-Messrs. Jno. T. Hoskins, May, W. A. Nash, Norton, O'Neal, and Rains—6.
For WILLIAMS C. WICKHAM-Messrs. McGonigal, Thomas, Van Auken, and
Robert E. Withers received a majority of the whole number of votes cast for United States senator.
On motion of Mr. Lovenstein, the house adjourned until to-morrow at 113 o'clock A. M.
WEDNESDAY, JANUARY 14, 1874.
Prayer by Rev. Dr. J. L. Burrows, of the Baptist church.
No. 20. House bill to amend and re-enact the third section of the Code of 1873, in relation to sheriffs' bonds, reported from the committee on finance with a recommendation that it do not pass, was read a first time.
The committee on enrolled bills reported that the governor had this day approved joint resolution in reference to the sale of forfeited and delinquent lands.
Mr. Stuart offered the following resolution:
Resolved, That the committee for courts of justice be instructed to consider and report what measures should be adopted by the general assembly to insure a speedy adjustment between the States of Virginia and West Virginia of the amounts for which they are respectively liable on account of the debt of the Commonwealth of Virginia incurred prior to its division into two States.
The house referred the resolution to the committee for courts of justice.
Mr. Stuart offered the following resolution :
Resolved, That the committee for courts of justice be instructed to consider and report upon the expediency of restoring the jurisdiction of the county courts as it existed prior to the last session of the general assembly, and in the event that they should deem it inexpedent to adopt