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The committee for courts of justice have, according to order, had under consideration the resolution "for amending the law in regard to judicial sales,” so as to provide that the owner of the real estate sold may within three years redeem said estate on payment of the purchase money with interest and costs, and have adopted the following resolution thereupon:
Resolved (as the opinion of this committee), That it is inexpedient to legislate on the subject.
The speaker laid before the house a communication from the inspectors of tobacco at the Public warehouse, Richmond, Virginia, in answer to a resolution in regard to insurance on planters' tobacco, which was referred to the committee on propositions and grievances.
The speaker appointed Messrs. Swann, Bohannon and O'Neal additional members on the committee on finance; Mr. J. Horace Lacy on the committee on Federal relations and resolutions.
The speaker appointed Messrs. Anderson, Morrison, J. Horace Lacy, Lovell and Van Auken as the committee on the part of the house, under a joint resolution in reference to a memorial to Commodore Matthew F. Maury, deceased.
A report from the committee on privileges and elections was presented, as follows:
The committee on privileges and elections, to whom was referred the petition of William A. Reese, contesting the seat of Peter K. Jones, delegate in this house from the county of Greenesville, have, according to order, duly considered the same, together with the original papers and the evidence produced by the contestant and respondent under the authority given the committee to send for persons and papers in the case.
The contest is based upon the ground of the ineligibility of the sitting member, said ineligibility, alleged in the petition, to consist in the fact that Peter K. Jones was not a resident of the county of Greenesville for three months next preceding the general election held on the fourth day of November, 1873; that he was a resident of the city of Richmond ; that he was not qualified to vote at the said election in the county of Greenesville under the constitution, and was, therefore, not eligible to a seat in the house of delegates.
Your committee have carefully considered the evidence, both in favor of and against the right of the sitting member to a seat in this house, and are of the opinion that the proof in the same does establish his ineligibility, and respectfully recommend the adoption of the following resolution :
Resolved, That the sitting member, Peter K. Jones, is not entitled to a seat in the present house of delegates as a member from the county of Greenesville.
Your committee have also duly considered the right of the contestant, William A. Reese, to represent the county of Greenesville in this house, and are of opinion that the current of judicial authority and legislative precedent are adverse to such right in this case. This minority right, in the judgment of the committee, cannot be justifiably conceded, except where the electors obstinately and contumaciously refuse acquiescence in the fundamental and statutory laws defining the qualifications of voters and prescribing the mode and manner of holding and conducting elections without doing violence to the grand underlying principles of free representative government. They, therefore, recommend the adoption of the following resolution :
Resolved, That the county of Greenesville is without legal representation in the present house of delegates, and that another election should be held in said county to supply the vacancy occasioned by failure to return a member possessing constitutional qualifications to occupy a seat in the general assembly.
Mr. Goodwyn moved to amend the first resolution of the committee by striking out the words “is not entitled,” and inserting in lieu thereof the words is entitled,” which motion was rejected.
Mr. May moved to recommit the report to the committee on privileges and elections.
Mr. Taliaferro moved to pass by the report, and that the testimony be printed, which motion was rejected-yeas 37; nays 66.
On motion of Mr. Massey, the vote was recorded as follows:
YEAS_Vessrs. Anderson, Armentrout, Banks, Bickings, Blair, Boykin, Brady, Branch, J. Armistead Carter, Cecil, Matt Clark, Finney, Flood, Gardner, P. Gibson, T. S. Gibson. Griffith, Harrison, Henderson, Holbrook, Jno. T. Hoskins, Hudgin, B. W. Lacy, Lipps, Longley, Lybrook, May, Morrison, W. A. Nash, Rains, Rogers, Scruggs, Taliaferro, Taylor, Thomas, Turner, and Winn-37.
Nays-Messrs. Alexander, Armstrong, Beaton, Bohannon, Brooks, Brown, Campbell, Jack Carter, A. J. Clark, Cockerille, Coghill, Cox, Crank, Davis, Dooley, Fitzpatrick, Foster, Franklin, Gaines, Goodwyn, Graves, Grayson, Haden, Hamilton, Harris, Hill, Hoeninger, Wm. Hoskins, Howard, Hunter, James, R. S. Jones, Jordan, Koiner, Lee, Lewis, Lightner, Lovell, Loving, Lucas, Magruder, Massey, Mc Gonigal, McMullan, Moss, John L. Nash, Neeley, Nickens, Norton, O'Neal, Oulil. Popham, Powell, Riddlebarger, Round, Sellers, Shumate, Spratt, Strother, Webb, Whittaker, Williams, Withers, Yager, Young, Mr. Speaker-66.
Mr. Coghill moved that the evidence in the case be read by the clerk, which was agreed to.
Mr. Harrison moved to reconsider the vote by which the house agreed to have the evidence read by the clerk, which motion was rejected.
Mr. Foster moved that the hous go into the committee of the whole on the subject before the house, which motion was rejected.
Mr. Hudgin moved that the consideration of the subject be postponed for two minutes, which was agreed to.
Mr. Banks offered the following resolution:
Resolved, That William A. Reese, the contestant, be entitled to a seat in this house during the trial of the contested election case from Greensville county, and to be heard therein, which was agreed to.
The evidence was read by the clerk.
The following were presented and referred under rule 37:
By Mr. B. W. Lacy: A bill for the relief of J. R. Shield of York county. Referred to committee on finance.
By Mr. Lee: A bill to amend an act entitled an act to authorize the board of supervisors for Craig county, to contract for keeping in repair
so much of Price's turnpike road as lies in said county, approved March 28th, 1873. Referred to committee on roads and internal navigation.
By Mr. Massey: A bill to authorize townships to vote upon the question of continuing or repealing present fence law. Referred to committee on agriculture and mining.
By Mr. Magruder: A bill to amend 65th section of chapter 47 of the Code of 1873, in regard to the duty of township assessors to extend school tax. Referred to committee on schools and colleges.
By Mr. A. J. Clark: A bill to provide for the registration of voters in towns and cities containing over 2,000 inhabitants. Referred to committee on privileges and elections.
A message was received from the senate by Mr. Ward, who informed the house that the senate had passed a bill entitled an act authorizing the trustees of the religious society in Frederick county, known as the United Brethren in Christ, to sell and convey certain property in Winchester (No. 50), in which bill they respectfully request the concurrence of the house.
On motion of Mr. Jno. L. Nash, the house adjourned until to-morrow at 12 o'clock M.
WEDNESDAY, JANUARY 28, 1874.
Prayer by Rev. Geo. C. Vanderslice, of the Methodist church.
In Senate, January 27, 1874. The senate have passed bills entitled
An act incorporating the Rich Valley tanning and leather manufacturing company, in the county of Washington; No. 18. And
An act to transfer the interest of the State in the Jacksonville and Christainsburg turnpike company to the counties through which it
And they have passed, with an amendment, house bill entitled
An act to amend section 6, chapter 201 of the Code of 1873, with reference to larceny; No. 13.
In which amendment they respectfully request the concurrence of the house of delegates.
passes; No. 21.
No. 13. House engrossed bill to amend section 6, chapter 201 of the Code of 1873, with referency to larceny, was referred to the committee for courts of justice.
No. 50. Senate bill entitled an act authorizing the trustees of the religious society in Frederick county, known as the United Brethren in Christ, to sell and convey certain property in Winchester, was read twice and referred to the committee for courts of justice,
No. 78. House bill continuing the special court of appeals, reported from the committee for courts of justice, was read a first time.
No. 5. House bill to amend 4th section of chapter 182, Code 1872, with reference to judgment liens (heretofore recommitted to the committee for courts of justice), was reported back with an amendment.
No. 79. House bill to arrest the sale of delinquent lands on certain conditions, reported from the committee on finance with a recommendation that it do not pass, was read a first time.
No. 80. House bill to amend the 65th section of chapter 47 of the Code of 1873, in regard to the duty of township assessors to extend school tax, reported from the committee on schools and colleges, was read a first time.
No. 81. House bill to authorize townships to vote upon the question of continuing or repealing present fence law, reported from the committee on agriculture and mining with a recommendation that it do not prss, was read a first time.
The following reports were agreed to:
The committee on agriculture and mining have, according to order, had under consideration a resolution to them referred as to the expediency of amending the law in relation to fences in the county of Surry,” respectfully report that it is inexpedient to legislate upon the subject, and ask to be discharged from its further consideration.
The committee on agriculture and mining have, according to order, had under consideration a resolution to them referred as to "the expediency of amending the law in relation to fences in the county of Sussex,” respectfully report that it is inexpedient to legislate upon the subject, and ask to be discharged from its further consideration.
The committee for courts of justice have, according to order, had under consideration a resolution for amending section 25 of chapter 158 of the Code of 1873, so as to allow additional pay to the grand jurors of Lee county, and have adopted the following resolution :
Resolved (as the opinion of this committee), That it is inexpedient so to amend the said chapter of the Code, no further legislation being necessary.
The following report was presented :
The committee on finance have, according to order, had under consideration a petition to them referred "asking the correction of an erroneous assessment upon the lands of Clarke county," and a returning of amount paid under such assessment, report respectfully that the prayer of the petition be rejected.
On motion of Mr. Lewis, the report was postponed until February 20th, 1874.
The following report was presentel:
JOURNAL OF THE HOUSE.
sideration a petition to them referred, as to the claim of General Tochman for disbursements made by him for the State while acting as the State agent for immigration, respectfully report that the prayer of the petition be rejected.
The report was agreed to.
Mr. J. Horace Lacy moved a reconsideration of the vote by which the report was agreed to, which motion was agreed to.
On motion of Mr. J. Horace Lacy, the report was recommitted to the committee on finance.
The speaker laid before the house a communication from the governor, as follows:
RICHMOND, — 1874. To the Senate and House of Delegates :
The accompanying communication from Joseph S. Budd, Esq., vacates his office of judge of the county court of Dinwiddie county, and I recommend that the vacancy thus created be filled by the general assembly.
JAMES L. KEMPER.
Which communication, together with the accompanying communication from Joseph S. Budd, county judge of Dinwiddie, were referred to the committee for courts of justice.
The speaker appointed Messrs. Dooley, Stuart, Wharton, Taliaferro, Williams, Boykin, Graves, Round and Young the committee on the part of the house, under a joint resolution appointing a joint committee to whom all propositions on the subject of amendments to the constitution shall be referred.
Mr. Taliaferro, under a suspension of the rules, presented the following:
Resolved, "hat the auditor of public accounts be requested to report to this house the amount of oyster tax collected for the year 1873–
1st. On licences to purchase and carry to market single loads in vessels at two and three cents per bushel. 2. On annual licences to vessels at two dollars per ton. 3. On tongers from prospective sales. 4. From fines for violation of the law. 5. From seals or measures, &c. 6. From rents of planters' fronts. 7. On licences to dredgers.
And that he furnish to this house a statement showing the monthly receipts and disbursements on account of the oyster tax during the
Which was agreed to.
Resolved, That the auditor of public accounts be requested to inform this house of the number of bushels of oysters transported to market; whether for home or foreign consumption annually, from the waters of