Morris, W. A. Nash, Nickens, O'Neal, Ould, Pannill, Powell, Rains, Richmond, Round, Sellers, Spratt, Stovall, Syphax, Thomas, Turner, Van Auken, Wallace, Webb, Wharton, Whittaker, Williams, and Yager-62.

The motion by Mr. Blair to dismiss the bill was rejected.

The bill was ordered to be engrossed to be read a third time. Mr. Critz moved a reconsideration of the vote by which the bill was ordered to be engrossed to be read a third time, which was rejected.

The hour of one o'clock P. M. having arrived, special order— No. 62. House joint resolutions proposing amendments to the State constitution in relation to county organization, came up.

Mr. Cockerille moved that the joint resolutions be committed to the joint committee on constitutional amendments, which was rejected— yeas 33; nays 75.

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

YEAS-Messrs. Armentrout, Armstrong, Bickings, Branch, Matt Clark, Cocke rille, Cox, Davis, Foster, Gilliam, Goodwyn, Graves, Harris, Harrison, Hill, Hoenniger, John T. Hoskins, Lipscomb, Lucas, May, McGonigal, Montague, Moss, Nickens, O'Neal, Rains, Round, Shumate, Stovall, Taylor, Turner, Van Auken, and Whittaker-33.

NAYS-Messrs. Alexander, Allen, Anderson, Bagwell, Banks, Beaton, Blair, Bohannon, Brooks. J. Armistead Carter, Jack Carter. Peter J. Cater, Cecil, A. J. Clark, Crank. Critz, Finney, Fitzpatrick, Flood, Franklin, Fulkerson, Gaines, Gardner, T. S. Gibson, Gilman, Griffith, Haden, Hale, Henderson, Holbrook, Hudgin, Hunter, James, Jett, Jones, Jordan, Koiner, B. W. Lacy, J. Horace Lacy, Lamkin. Lee, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Magruder. Massey, McMullan, Moore, Morris, John L. Nash, W. A. Nash, Neeley, Pannill, Pendleton, Popham, Powell, Richmond, Scruggs, Sellers, Spratt, Stuart, Swann, Syphax, Thomas, Wallace, Webb, Wharton, Winn, Withers, Yager, and Mr. Speaker-75.

The joint resolutions were ordered to be engrossed to be read a third

time.

Mr. Critz moved a reconsideration of the vote by which the joint resolutions were ordered to be engrossed to be read a third time, which motion was rejected.

No. 63. Senate bill to provide artificial limbs for soldiers maimed in war, and for other purposes, was read a third time and passed-yeas 103; nays 5.

The vote required by the constitution was recorded as follows:

YEAS-Messrs. Alexander, Allen, Anderson, Armentrout, Armstrong, Bagwell, Banks, Beaton, Bickings. Blair, Bohannon, Boykin, Branch, Brooks, Campbell, J. Armistead Carter, Jack Carter, P. J. Carter, Cecil, A. J. Clark, Cockerille, Crank, Critz, Davis, Finney, Fitzpatrick, Flood, Foster, Franklin, Fulkerson, Gaines, Gardner, T. S. Gibson, Gilliam, Gilman, Goodwyn, Graves, Griffith, Haden, Hale, Harrison, Henderson, Hill, Hoenniger, Holbrook, John T. Hoskins, Hudgin, Hunter, James, Jett, Jordan, Koiner, B. W. Lacy, J. Horace Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Lucas, Magruder, Massey, May, McGonigal, McMullan, Montague, Moore, Morris, J. L. Nash, W. A. Nash, Neeley, Nickens, O'Neal, Pannill, Pendleton, Popham, Powell, Rains, Richmond, Round, Scruggs, Sellers, Shumate, Spratt, Stnart, Swann, Taliaferro, Taylor, Thomas, Turner, Van Auken, Wallace, Webb, Wharton, Williams, Winn, Withers, Yager, and Mr. Speaker-103.

NAYS-Messrs. Cox, Harris, Jones, Lipscomb, and Moss-5.

Mr. Jack Carter moved a reconsideration of the vote by which the bill was passed, which motion was rejected.

The speaker laid before the house the following communication :

COMMONWEALTH OF VIRGINIA,
EXECUTIVE CHAMBERS,

To the Senate and House of Delegates:

Richmond, February 11, 1874.

I have the honor to transmit herewith a communication from the board of the commissioners of the sinking fund in relation to the recent defalcation on the part of William D. Coleman, late secretary of the board. I respectfully recommend an investigation by the general assembly of this the first defalcation which has occurred in any State office during the present generation, and that stringent precautions be provided against its repetition in future.

JAMES L. KEMPER.

The communication of the governor and board of commissioners of the sinking fund were referred to the committee on finance.

No. 36. Senate bill entitled an act to amend an act entitled an act to amend and reenact section 12, chapter 63 of the Code of Virginia of 1873, so as more effectually to require millers to grind for toll all grain brought to their mills for the consumption of the person bringing or sending it, or his family, came up.

The question being on agreeing to the substitute offered by Mr. B. W. Lacy,

Mr. Popham moved to dismiss the bill.

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

THURSDAY, FEBRUARY 12, 1874.

Prayer by Rev. J. C. Granberry, of the Methodist church.

The journal was read by the clerk.

A communication from the senate, by their clerk, was read as follows:

In Senate, February 11, 1874.

The senate have passed, with an amendment, house bill entitled An act to provide for the collection of taxes and county levy in the township of Manchester, Chesterfield county, assessed for the year 1873; No. 57.

And they have agreed to a preamble and joint resolution in reference to the construction of a suitable memorial to commemorate the achievements and perpetuate the fame of Commodore M. F. Maury, deceased.

In which amendment and joint resolution they respectfully request the concurrence of the house of delegates.

No. 57. House bill, was referred to the committee on finance. Senate preamble and joint resolution in reference to the construction of a suitable memorial to commemorate the achievements and perpetuate the fame of Commodore M. F. Maury, deceased, was read twice.

On motion of Mr. Anderson, the rule was suspended requiring its reference to a committee.

The senate preamble and joint resolution was placed on the calendar. No. 26. House joint resolution to amend and re-enact joint resolution directing a distribution of the Code when published, approved April 2, 1873 (heretofore recommitted to the committee on finance), was reported back with an amendment in the nature of a substitute.

No. 49. Senate bill entitled an act to incorporate the Atlantic bridge company, was reported from the committee on roads and internal navition with an amendment.

No. 86. Senate bill entitled an act prohibiting the sale of intoxicating liquors on the Sabbath day, was reported from the committee for courts of justice with an amendment.

No. 131. House bill to regulate and protect the operations of railroad companies in this State, reported from the committee on roads and internal navigation, was read a first time.

No. 132. House bill to provide for the payment of interest on the public debt, reported from the committee on finance, was read a first time.

The following house bills, reported from the committee on counties, cities and towns, were read a first time:

No. 133. House bill to amend and re-enact the 17th section of chapter 99 of the Code of 1873, for the protection of game.

No. 134. House bill to amend and re-enact section 26, chapter 47, in relation to clerks of boards of supervisors, with a recommendation that it do not pass.

Mr. Finney (under a suspension of the rules), presented

No. 135. House joint resolution amending the joint resolution extending the time for collection of taxes and county and township levies for the year 1873, approved January 23, 1874, which was read a first time.

The following reports were agreed to:

The committee on asylums and prisons have, according to order, had under consideration a petition and protest of citizens and tax-payers of Henrico county, against the location of the "Central lunatic asylum" in said county, respectfully report, that in their opinion it is inexpedient to buy said property for this purpose.

The committee on banks, currency and commerce have had under consideration a bill to them referred in relation to the capital stock of chartered companies, and respectfully ask to be discharged from its further consideration, and that it be referred to the committee for courts of justice.

The following report was presented:

The committee on finance have, according to order, had under con

sideration so much of the communication of the governor as refers to the late defalcation which has occurred in the office of the secretary of the board of commissioners of the sinking fund, and in view of the pressing character of the present duties of said committee, respectfully recommend that the house agree to a joint resolution as follows:

Resolved (the senate concurring), That a joint committee be appointed, to consist of three members on the part of the house and two on the part of the senate, to whom shall be referred so much of the communication of the governor as relates to the late defalcation which has occurred in the office of the secretary of the board of commissioners of the sinking fund, and all matters connected with said defalcation. The report was agreed to, two-thirds of the members present voting in the affirmative.

Mr. Stuart moved a reconsideration of the vote by which the report was agreed to, which was rejected.

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

Mr. Lovenstein offered the following joint resolution :

Resolved by the general assembly, That the manuscript summary of the resources of the State, prepared by Major Hotchkiss, and submitted by the State board of immigration to the general assembly, be returned to the board of immigration, that they may have it published.

Which was agreed to.

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

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

The following report was presented:

The committee on enrolled bills have the honor to report that the following bills have been approved since their last report:

An act to incorporate the One Dollar savings bank at Charlottesville; approved February 11, 1874.

An act to extend a credit of twelve and twenty-four months from the ratification of the sale of the State's interest in the Upper Appomattox company to the board of superintendents of said company, and to ratify and confirm all acts done in pursuance of the provisions of the act approved March 20, 1873; approved February 11, 1874.

An act to release certain taxes and county levies in the county of Elizabeth City and other counties; approved February 11, 1874.

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; approved February 11, 1874.

An act to incorporate the Bank of Marion; approved February 11, 1874.

An act to amend an act entitled an act to incorporate the Farmers Bank of Lynchburg, in force Aprill 2, 1873, and changing the name and principal office of said bank; approved February 11, 1874.

An act to amend and re-enact section 3 of chapter 46 of the Code of 1873, in relation to sheriffs' bonds; approved February 11, 1874.

An act to incorporate the Columbia, Fairfax and Prince William railroad company; approved Februpry 11, 1874.

An act to amend and re-enact section 11 chapter 195 of the Code of 1873, in relation to limitation of prosecutions; approved February 11,

1874.

An act to amend and re-enact section 2 chapter 173 of the Code of 1873, as to chancery dockets; approved February 11, 1874.

An act to authorize the trustees of the Union Station Methodist Episcopal Church South to make a deed of trust on parsonage property; approved February 11, 1874.

An act to prevent obstructing with timber or rendering foul the water courses of this State; approved February 11, 1864.

An act to release the securities of Joseph Charlton from the payment of a forfeited recognizance; approved February 11, 1874.

An act to prevent pulling and leaving fences down, and of opening and leaving open gates, without permission of owner; approved February 11, 1874.

The following report of the committee on privileges and elections

came up:

The committee on privileges and elections have had under consideration the petition of Joseph Walker, contesting the right of John W. Walke to a seat in the house as a delegate from the county of Chesterfield; and having carefully considered the same, and the evidence filed before them by the parties respectively, beg leave to submit the following report:

The committee are of the opinion that the seated member, John W. Walke, is not entitled to a seat in this house as a delegate from the county of Chesterfield, but that the same should be given to the contestant, Joseph Walker, he having received a majority of the votes cast for that position at the late November election over the seated member. The committee, in pursuance of the authority heretofore conferred upon them by the house, having caused to be printed all the papers in the case having reference to the points of contest, deem it unnecessary to do more than state the results of their deliberations, and to submit, with a recommendation that they be adopted, the following resolutions: 1st. Resolved, That John W. Walke, the seated member from the county of Chesterfield, is not entitled to a seat in the house of delegates. 2d. Resolved, That Joseph Walker, the contestant, is entitled to a seat in the house of delegates as a member from the county of Chesterfield.

The question being on agreeing to the minority report of the committee on privileges and elections, as follows:

The committee on privileges and elections having had under consideration the petition of Joseph Walker, contesting the right of John W. Walke to a seat in the house of delegates from the county of Chesterfield, and having carefully considered the same, and the evidence filed before them by parties, respectfully beg leave to submit the following report:

A minority of the committee are of the opinion that the seated mem