the passage of a bill making sheriffs the proper officers to sell lands under decrees of courts. Referred to committee on finance. By Mr. Williams: Resolved, That the committee for courts of justice be requested to inquire what legislation, if any, is necessary to authorize the proper authorities of counties and townships to impose taxes on the real and personal estate of railroad companies, and report by bill or otherwise. By Mr. Massey: Resolved, That the committee on roads and internal navigation be requested to inquire into the expediency of so legislating as to prevent railroad companies from having their regular freight trains run on the Sabbath day anywhere within this Commonwealth. By Mr. Stuart: Resolved, That the committee on finance be instructed to inquire into the expediency of reporting a bill providing for a re-assessment of the lands of this Commonwealth in conformity with the sixth section of article ten of the constitution; and that they also inquire into the expediency of providing for the appointment of a board of equalization similar to that provided for by the act of March 24, 1838. By Mr. Strother : Resolved, That the committee on finance inquire into the expediency of reporting a bill allowing an increase of fees of sheriffs. By Mr. Strother: Petition of the bar of Culpeper to increase the compensation of sheriffs in certain cases. Referred to committee on finance. The morning hour having expired, special order No. 105. House bill to amend and re-enact sections 3, 4, 6 and 12 of chapter 154 of the Code of 1873, in relation to the jurisdiction of county courts, came up. Mr. Taliaferro moved to postpone the special order until Wednesday next, which was rejected. On motion of Mr. Morrison, the house adjourned until to-morrow at 11 o'clock A. M. TUESDAY, MARCH 3, 1874. Mr. R. L. Montague in the chair. Prayer by Rev. Dr. C. H. Read, of the Presbyterian church. The journal was read by the clerk. A communication from the senate, by their clerk, was read as follows: In Senate, March 2, 1874. The senate have passed house bill entitled An act to change the name of the Union lead mine company, and re-incorporate the same under the name and style of the Wythe lead and zinc mine company; No. 149. And they have passed bills entitled An act to amend and re-enact section twenty, chapter eighty-five, Code of 1873, to prevent the fraudulent marking or branding of planters' tobacco; No. 84. An act to amend and re-enact section second of chapter 181 of an act entitled an act to incorporate the Front Royal turnpike company, passed March 27, 1848, and also section one of chapter 119 of an act entitled an act to authorize the Sperryville and Rappahannock and Thornton's gap turnpike, the Winchester and Berry's ferry, and the Front Royal turnpike companies, to construct their roads of plank, passed March 16, 1850; No. 159. An act to prescribe the pay of road commissioners in Nelson county for 1874, 1875 and 1876; No. 160. An act to amend and re-enact section sixth of chapter forty-six of the Code of 1873 in relation to filling vacancies in the office of county or city treasurer; No. 163. An act to repeal section 41 of chapter 86, Code of 1873, in relation to exportations or sale, without inspection, of flour, corn meal, bread, salt fish, pork, beef, tar, pitch, turpentine, butter, lard, lumber, &c.; No. 172. An act to amend and re-enact section first, chapter 100, Code of 1873, in relation to hauling seines in the waters of Accomac and Northampton counties; No. 173. An act to amend and re-enact the first section of an act passed March 4, 1872, amending the act to incorporate the Potomac and Manassas railroad company, as amended by an act approved March 6, 1873; No. 176. An act to provide for purging the registration books of illegal voters; No. 180. An act to provide for aiding in the erection of additional buildings for the Virginia agricultural and mechanical college; No. 181. And An act to authorize the council of Norfolk city to use, hold, sell, lease and dispose of a certain tract or parcel of land, in Norfolk county, belonging to said city; No. 183. They have passed, with amendments, house bill entitled An act to prescribe the times for holding the terms of the circuit courts of this Commonwealth, and to repeal the 15th section of the 155th chapter of the Code of 1873, which authorizes the judges of said courts to fix said terms; No. 177. In which bills and amendments they respectfully request the concurrence of the house of delegates. They have agreed to the report of the committee of conference on the disagreeing votes of the two houses on senate bill entitled An act to define and declare the true intent and meaning of the act in force April 2, 1873, entitled an act to amend and re-enact sections five and seven of an act to regulate and define the jurisdiction of the county and circuit courts, to prescribe the number of terms of the circuit. court, and to fix the pay of county judges; No. 31. The said committee failing to agree, ask to be discharged from the further consideration of the subject. No. 177. House bill, was referred to the committee for courts of justice. Nos. 84 and 172. Senate bills, were read twice and referred to the committee on agriculture and mining. Nos. 159 and 176. Senate bills, were read twice and referred to the committee on roads and internal navigation. Nos. 160, 163 and 183. Senate bills, were read twice and referred to the committee on counties, cities and towns. No. 173. Senate bill, was read twice and referred to the committee on the Chesapeake and its tributaries. No. 180. Senate bill, was read twice and referred to the committee on privileges and elections. No. 181. Senate bill, was read twice and referred to the committee on schools and colleges. The following senate bills were reported from the committee on counties, cities and towns: No. 171. Senate bill entitled an act to authorize the trustees of the town of Banister to elect a president, who shall act as mayor, and to elect a sergeant for said town. No. 89. Senate bill entitled an act to incorporate the town of Mechanicsburg, in the county of Bland, with an amendment. No. 68. House bill entitled an act repealing so much of the act in force December 28, 1871, entitled an act to provide for the protection of fish in the waters of New river and its tributaries, as applies to that portion of New river above Grayson Spring, in Carroll county, was reported from the committee on the Chesapeake and its tributaries, with a recommendation that the house agree to the amendments of the senate. The following house bills and joint resolution, reported from the committee on roads and internal navigation, were read a first time: No. 247. House bill in relation to subscriptions to the stock of incorporated companies by counties, cities, towns or townships. No. 248. House bill to incorporate the Virginia and West Virginia narrow guage railway. No. 249. House joint resolution directing suit to be instituted against the Chesapeake and Ohio railroad company to recover amount of certain bonds. No. 250. House bill to authorize the Potomac bridge company to increase its capital stock, and to make said stock preferred stock, reported from the committee on counties, cities and towns, was read a first time. No. 251. House bill to provide for the repairing of the green-house of governor's mansion, reported from the committee on public property, was read a first time. No. 252. House bill to amend and re-enact section 1 of an act approved March 28, 1873, entitled an act for the protection of fish in Jackson and Cowpasture rivers and their tributaries, from the junction of said rivers to the boundary line between the counties of Bath and Highland, reported from the committee on the Chesapeake and its tributaries, was read a first time. Leave of absence was granted Mr. Brady for three days. The committee on Chesapeake and its tributaries have had under consideration the report of auditor showing the number of bushels of oysters shipped from the waters of Virginia from September 1, 1872, to September 1, 1873, to them referred, and respectfully ask that the said report be printed. The committee on Federal relations have had under consideration a preamble and joint resolutions in relation to a bill before the congress of the United States for the establishment of a national exchequer, and respectfully ask that the same be printed. The following report was presented: The committee on roads and internal navigation have had under consideration the reports of the present and late attorney-general in reference to the unsatisfied claims and rights of the Commonwealth against the several railroads of the State, by reason of sales of its interests in the same, and beg leave to report: That suit has been instituted, and is now pending undetermined, against the Richmond and Danville railroad, embracing the following points: 1st. The exact number of shares of stock sold, or meant to be sold, or transferred, under the act of July 11, 1870-the company claiming that they have bought and paid for 24,000 shares, and the State that it sold and has been paid for only 12,000 shares. 2d. The right of the company to anticipate its payments (having bought on a credit), and to be allowed a rebate of interest. This the company were allowed to do by the board of public works, which, in the opinion of the legislature directing suits, was unauthorized. This suit will settle the only question that is unsettled between the State and the Orange, Alexandria and Manassas railroad. There is also a legal question arising out of the sale of the State's interest to the Chesapeake and Ohio railroad, which your committee are of opinion should be made the subject of judicial determination. The following in brief is the history of the controversy: The legislature in March, 1867, passed an act authorizing this company to purchase the stock held by the State in said company at the date of the purchase, by transferring to the board of public works bonds of the State, and also to pay in like manner any debt it might owe the State at time of payment on account of loans made to any of the companies which may have consolidated. The State held at this time a bond of the Virginia Central railroad company for fifty-eight thousand six hundred and fifty dollars, dated 15th October, 1853, given for unpaid dividends (it is claimed). This bond the Chesapeake and Ohio railroad company offered to pay in State bonds, and have actually deposited bonds sufficient to pay the same with the treasurer of the State, in whose possession they now are. The board of public works resolved that this dividend bond must be paid in cash. As this is purely a legal question, your committee recommend that a suit be instituted to compel the payment of the said bond, and for this purpose they report a joint resolution. Messrs. Flood, Longley, Shumate and Henderson stated that had they been present when the vote was taken on the passage of senate bill No. 5, entitled "An act to provide a charter for the city of Petersburg," they would have voted in the affirmative. Mr. B. W. Lacy stated that he would have voted in the affirmative, but had paired off with Mr. Bohannon. Messrs. McGonigal, Bickings, Norton and O'Neal stated that they would have voted in the negative. The speaker laid before the house a communication from the governor, transmitting a communication from the joint committee of the general assembly of Maryland upon the subject of the Potomac fisheries, and with suggestions in respect to the unsettled question of boundary between Maryland and Virginia, which communications were referred to the committee for courts of justice. The following were presented and referred under rule 37: By Mr. Wharton: A bill to incorporate the Blacksburg railroad company in the county of Montgomery. Referred to committee on roads and internal navigation. By Mr. Montague: A bill to incorporate the Virginia central life insurance company. Referred to the committee on propositions and grievances. By Mr. Blair: A bill to appropriate one thousand dollars to Roanoke college for education of teachers for public free schools. Referred to committee on schools and colleges. By Mr. Gilliam: A bill allowing Robert B. Batte & Co. to erect a pier or wharf on the James river. Referred to committee on roads and internal navigation. By Mr. Brooks: Memorial of the bar of Amelia county in relation to compensation of sheriffs. Referred to committee on finance. By Mr. Moore: Resolved, That the committee on agriculture and mining be instructed to inquire into the expediency of establishing a State agricultural and mining bureau, and report by bill or otherwise. By Mr. Blair: Petition of the members of the bar and others of Roanoke county, for increase of compensation of sheriffs. Referred to committee on finance. By Mr. Magruder: Resolved, That the committee for courts of justice inquire into the expediency of reporting a bill more clearly defining the fees of clerks of the court of appeals. By Mr. Graves: Petition of citizens of Bedford and Franklin counties, asking that the charter of the Otter bridge company be repealed. Referred to committee on roads and internal navigation. |