MONDAY, DRCEMBER 9, 1878. Mr. ELLIOTT in the Chair. A communication from the House of Delegates by their clerk, was read as follows: In House of Delegates, December 7, 1878. The House of Delegates have passed Senate bill entitled an act arthorizing the trustees of Andrews chapel congregation, of the town of Harrisonburg, to execute a deed of trust on its church property, No. 9. House joint resolution for the appointment of a joint committee constitutional amendments, was taken up; and the question on its adoption being put, was determined in the affirmative. The Chair laid before the Senate a communication from Major Join W. Johnston, president of the James river and Kanawha comFany, inclosing a memorial and bill in reference to the proposed sale of the works, property and franchises of said company to the Richond and Alleghany railroad company; which, on motion of Mr. LEE, was laid on the table and ordered to be printed. Doc. No. 5. The said bill being, No. 15. A bill to authorize the James river and Kanawha company to make sale and transfer of all its works, property and franchises to the Richmond and Alleghany railroad company, and to define the powers and duties of the board of public works in respect thereto, was then taken up, on motions of Mr. LEE, 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. GRIFFIN, Resolved, That the committee for courts of justice be instructed to enquire and report what powers, if any, are conferred by clause 3, Section 5, chapter 47, of the Code, 1873, upon the board of supervis of each county of this commonwealth to impose a tax on merchants for county purposes; and, if necessary, to report a bill declaring how and in what manner such a tax may be levied. On motion of Mr. MASSEY, Resolved, That the committee for courts of justice be instructed to enquire what legislation, if any, is necessary for the better protection. of property along the lines of railroads, and to enable persons who may be damaged by trains running thereon to obtain just remuneration therefor. Ou motion of Mr. SPITLER, Resolved, That the committee on general laws be requested to enquire into the expediency of so amending the 8th section of article 8 of the constitution, as to require that all money collected for such purposes, shall be expended in the county where collected. school 52 JOURNAL OF THE SENATE. Mr. PHLEGAR presented the petition of Thomas Wilson for relief from forfeited recognizance; which, on his motion, was referred to the committee on finance. Mr. SMITH offered the following preamble and resolution, which were agreed to: 1 Whereas, by section 21 of article 10 of the state constitution, it is provided that the liability to the state of any incorporated company or institution to redeem the principal and pay the interest of any loan heretofore made by the state to such company or institution, shall not be released or commuted; therefore, be it Resolved, That the committee for courts of justice enquire and report whether the act approved June 17, 1870, constituting chapter 143 of the Acts of the General Assembly of the session of 1869-70, entitled an act to authorize the formation of the Atlantic, Mississippi and Ohio railroad company, in so far as it disposes of the claims of the state for loans to the Norfolk and Petersburg, Southside, and Virginia and Tennessee railroads, amounting in the aggregate, on January 1, 1870, to about $7,000,000, is not in contravention of said provision of the constitution; and if it shall be so decided, the committee shall report what steps should be taken to assert and protect the rights of the state in the premises. Mr. HURT of Pittsylvania, by leave, presented No. 19. A bill to amend section 69 of chapter 78, Code of 1873, in relation to receiving and disbursing school moneys; which, on his motion, was read the first and ordered to be read a second time, and referred to the committee on education. Mr. NASH, by leave, presented No. 20. A bill to establish the Church Home of the city of Norfolk; which, on his motions, was read the first and ordered to be read second time, and referred to the committee on general laws. Mr. JOHNSON, by leave, presented No. 21. A bill to repeal an act to amend and re-enact section 14. chapter 36, of the Code of 1873, in relation to taxes, fees, &c.; which on his motion, was read the first and ordered to be read a second time and referred to the committee on finance. Mr. JOHNSON offered the following resolution: Resolved, That a special committee of nine be appointed to enquire into the exercise of jurisdiction by the judge of the district court of the United States for the Western district of Virginia, in the case of Burwell Reynolds and Lee Reynolds, parties charged with murder under the laws of the commonwealth, and tried by the circuit court for Patrick county, and if they find such exercise of jurisdiction un warranted by the constitution of the United States, and against the rights reserved by this commonwealth and the people thereof under it, to report such mode and measure of redress as may be necessary and practicable under the constitution of the United States. The question being on the adoption of the resolution, Mr. FULKERSON moved to lay the same on the table; and the ques tion being put thereon, was determined in the negative-whereupon Mr. PAUL moved to amend the resolution so as to require its reference to the committee on Federal relations-when, Mr. FÜLKERSON made an unsuccessful motion to pass by. The question recurring on the adoption of the amendment proposed by Mr. PAUL, and being put, was determined in the negative. The question recurring on the adoption of the resolution, and being pat, was determined in the affirmative. Mr. GRIMSLEY, from the committee on finance, reported without amendment, No. 1. Honse bill entitled an act for the relief of the tax payers of the county of Orange; which was taken up, read the third time, and the question on the passage of the bill being put, was determined in the affirmative-ayes 31; noes none. The vote was recorded as follows: AYES-Messrs. Betts, Bliss, Brooke, Chiles, Daniel, Elliott, Fulkerson, Gayle, Grifin, Grimsley, Hairston, Hurt of Halifax, Hurt of Pittsylvania, Koiner, Lee, Masey, Moulton, Nash, Nunn, Paul, Phlegar, Powell, Sherrard, Sinclair, Slemp, Sarth, Spitler, Tanner, Walston, Ward, and Wortham―31. The title of the bill was then agreed to. On motion of Mr. GRIMSLEY, it was Ordered, That he inform the House of Delegates thereof. The joint resolution reported from the select joint committee appointed to consider and report what is the true status of the present session of the general assembly, being the order for to-day at one clock, was taken up, on notion of Mr. HPT of Pittsylvania, and the pending question being on the adoption of the substitute offered by Mr. FULKERSON for the substitute presented by Mr. DANIEL in behalf of a minority of the said committee, Mr. BROOKE moved that the joint resolution and pending amendments be indefinitely postponed-whereupon, Mr. HURT of Halifax, demanded the previous question; which was ordered. The question on the adoption of the motion to indefinitely postpone, being put, was determined in the negative-ayes 5; noes 28. On motion of Mr. BROOKE, the vote was recorded as follows: AYES-Messrs. Bland, Brooke, Gayle, Grimsley, and Moulton-5, NOES-Messrs. Betts, Bliss, Chiles, Daniel, Elliott, Fulkerson, Goode, Griffin, The question recurring on the adoption of the substitute proposed The question recurring on the adoption of the substitute, a amended, being put, was determined in the affirmative-ayes 17 noes 15. On motion of Mr. BROOKE, the vote was recorded as follows: AYES-Messrs. Bliss, Chiles, Elliott, Fulkerson, Gayle, Goode, Griffin, Massey Nash, Nunn, Paul, Phlegar, Powell, Sherrard, Slemp, Spitler, and Ward-17. NOES-Messrs. Betts, Bland, Brooke, Daniel, Grimsley, Hairston, Hurt of Hal fax, Johnson, Koiner, Lee, Moulton, Sinclair, Smith, Walston, and Wortham-15 The substitute, as amended, reads: Resolved by the general assembly of Virginia, That the presen session is a session in accordance with and by virtue of the join resolutions approved March 12, 1878, entitled joint resolutions con struing certain sections of the fifth article of the constitution, a applicable to the sessions of the general assembly, and the act ap proved March 12, 1878, entitled an act to amend the act approved March 29, 1877, in relation to the meeting of the general assembly The question recurring on the adoption of the joint resolution, a amended, and being put, was determined in the affirmative-ayes 18 noes 14. On motion of Mr. KOINER, the vote was recorded as follows: AYES-Messrs. Bliss, Chiles, Elliott, Fulkerson, Gayle, Goode, Griffin, Massey Moulton, Nash, Nang, Baur; Phiyggur, Pavel, Sherrard, Slemp, Spitler, an Ward-18. NOES-Messrs. Bett, Bland; Brooke, Daniel, Grimsley, Hairston, Hurt of Hali fax, Johnson, Koiner, Lee,.Sinclair, Smith, Walston, and Wortham-14. The joint resolution, as adopted, is as follows: Resolved by the general assembly of Virginia, That the presen session is a session in accordance with and by virtue of the join resolutions approved March 12, 1878, entitled joint resolutions con struing certain sections of the fifth article of the constitution, a applicable to the sessions of the general assembly, and the act ap proved March 12, 1878, entitled an act to amend the act approved March 29, 1877, in relation to the meeting of the general assembly Ordered, That the clerk inform the House of Delegates of the adoption of joint resolution, and request their concurrence therein. Mr. HURT of Halifax, by leave, presented No. 22. A bill to incorporate the Clover Masonic building associa tion; which, on his motions, was read the first and ordered to be read a second time and referred to the committee on general laws. On motion of Mr. CHILES, the Senate adjourned until to morrow twelve o'clock. TUESDAY, DECEMBER 10, 1878. Mr. QUESENBERRY, president pro tem., in the Chair. Prayer by Rev. Dr. Preston. Mr. SPITLER, from the committee on general laws, reported, without Amendment, No. 20. Senate bill to establish the Church Home of the city of Norfolk; which was subsequently taken up, read the second and ordered to be engrossed and read a third time; and being forthwith engrossed, was, on motion of Mr. NASH, (two-thirds concurring,) read a third time and passed with its title. Ordered, That the clerk inform the House of Delegates thereof, and request their concurrence therein. He, from the same committee, reported, without amendment, No. 22. Senate bill to incorporate the Clover Masonic building asSciation; which was subsequently taken up, on motion of Mr. HURT of Pittsylcania, and was read the second time and ordered to be engrossed and read a third time; and being forthwith engrossed, was, on his motion, (two-thirds concurring,) read the third time and passed with its title. Ordered, That the clerk inform the House of Delegates of the passage thereof, and request their concurrence therein. And he, from the same committee, reported a resolution in regard to the expenditure of money collected for school purposes, asking to be discharged from the further consideration of the subject, and that the same be referred to the joint committee on constitutional amend ments. The PRESIDENT appointed Messrs. GAYLE, KOINER, MASSEY, TYLER and SPITLER, the committee on the part of the Senate under the joint resolution for the appointment of a joint committee on constitutional amendments. The PRESIDENT appointed Messrs. JOHNSON, DANIEL, GRIMSLEY, WALSTON, BETTS, HURT of Pittsylvania, BLAND, SINCLAIR and PHLEGAR, the committee under the resolution for the appointment of a select Committee to enquire into the exercise of jurisdiction by the judge of the district court of the United States for the Western district of Virginia, in the case of Burwell Reynolds and Lee Reynolds, tried for murder in the circuit court for Patrick county. Mr. PHLEGAR offered the following joint resolution, which lies over ander the rules: Resolved (the House of Delegates concurring,) That when the two Houses of the general assembly adjourn on Friday, the 20th day of December, 1878, they adjourn to meet again on Thursday, the 2d day of January, 1879. On motion of Mr. PHLEGAR, the rules being suspended therefor, the resolution was taken up, and the question being on agreeing thereto, Mr. SPITLER moved to amend the same by striking out the words |