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Coghill, Critz, Davis, Dooley, Finney, Fitzpatrick, Flood, Foster, Franklin, Fulkerson, Gardner, P. Gibson, T. S. Gibson, Gilman, Graves, Grayson, Haden, Hale, Hamilton, Harris, Harrison, Henderson, Hoeninger, Holbrook, W. Hoskins, Jno. T. Hoskins, Howard, Hudgin, James, Jett, Jordan, Koiner, B. W. Lacy, J. H. Lacy, Lamkin, Lee, Lewis, Lipps, Longley, Lovell, Lovenstein, Loving, Lucas, Lybrook, Magruder, Massey, McGonigal, Montagne, Moore, Jno. L. Nash, W. A. Nash, Neeley, Nickens, Norton, Ould, Pannill, Pendleton, Popham, Powell, Rains, Richmond, Rogers, Scruggs, Sellers, Shumate, Spratt, Stovall, Strother, Stuart, Swann, Taliaferro, Taylor, Walke, Webb, Wharton, Whittaker, Williams, Winn, Withers, Yager, Young, and Mr. Speaker-101.
The committee subsequently, by their chairman, reported as follows:
Whole number of votes cast,
Samuel C. Graham having received a majority of all the votes cast, was declared duly elected county judge of Tazewell, to fill the vacancy occasioned by the failure of Wm. P. Cecil to qualify.
On motion of Mr. Critz, the house adjourned until to-morrow at 12 o'clock M.
SATURDAY, JANUARY 10, 1874.
The journal was read by the clerk.
No. 16. Senate bill entitled an act to incorporate the Masonic mutual relief association of Virginia, was reported from the committee of propositions and grievances.
The following bills, reported from the committee for courts of justice, were read a first time:
No. 13. House bill to amend section 6, chapter 201 of the Code of 1873, with reference to larceny.
Nó. 14. House bill to amend the 34th section of chapter 202, Code of 1873, with reference to the trial of felonies.
No. 15. House bill authorizing D. A. Plecker to erect a toll-bridge across North river, at Mount Crawford in Rockingham county, reported from the committee on roads and internal navigation, was read a first time.
No. 16. House bill incorporating the Virginia porcelain and terracotta company, in the county of Augusta, reported from the committee on propositions and grievances, was read a first time.
The following reports were agreed to :
The committee on finance have, according to order, had under consideration a resolution to them referred, inquiring into the expediency of providing encouragement and protection to the rearing of sheep by imposing a suitable tax on degs, &c., and respectfully ask to be relieved from its further consideration, and that it be referred to the committee on propositions and grievances.
The committee on finance have, according to order, had under consideration a resolution to them referred, inquiring into the expediency of extending the time for the collection of taxes from April 1st to the 1st of May, and report that a bill for this purpose has already been acted on by the house, and ask to be discharged from its further consideration.
The following report was agreed to:
The committee on privileges and elections having had under consideration the contested election case of Wm. A. Reese vs. P. K. Jones, of Greenesville county, and being embarrassed in their investigations, ask leave of the house to send for persons and papers.
Mr. Graves moved a reconsideration of the vote by which the report of the committee on privileges and elections was agreed to, which motion was rejected.
Mr. Koiner moved a reconsideration of the vote by which the following report (presented and agreed to on yesterday) was agreed to, which motion was agreed to.
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 or 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.
The question recurring on agreeing to the report of the committee,
Mr. Koiner moved to amend the resolution of the committee by striking out "inexpedient” and inserting “expedient.”
Leave of absence was granted Messrs. Holbrook and P. K. Jones one day each.
Mr. Harris offered the following resolution :
The following were presented and referred under rule 37:
By Mr. Round: A bill to amend and re-enact section 11, chapter 195 of the Code of 1873, relative to limitation of prosecutions. Referred to committee for courts of justice.
By Mr. Lybrook : A bill to amend and re-enact section 4, chapter 129, acts of 1871–72, entitled an act to incorporate the town of Newport, in Giles county, Virginia. Referred to committee on counties, cities and towns.
By Mr. Round:
Resolved, That the adjutant-general of the Commonwealth be requested to inform this house at an early day what additional legislation would, in his opinion, be necessary to enable him to perform the duties now devolving by law upon the superintendent of public buildings. Referred to committee on public property.
By Mr. Brooks: Memorial of Junius L. Archer, offering to sell a site for the penitentiary and the Central lunatic asylum. Referred to committee on asylums and prisons.
By Mr. Dooley: A bill to amend the 9th section of an act entitled an act to incorporate the Insurance and Savings company of Virginia, passed February 28th, 1866. Referred to committee on propositions and grievances.
By Mr. Walke:
Resolved, That the committee for courts of justice inquire into the expediency of so amending the constitution as to abolish the present system of voting by ballot, and substituting the time-honored custom of voting by viva voce.
By Mr. Lamkin: Resolved, That this body make such fixed and well-defined laws on all subjects touching the free school system as will best subserve the wishes and interests of the people of this Commonwealth, and that the committee on schools and colleges inquire into the expediency of fixing the average number of pupils, say to fifteen, to be made through the session, instead of through the month; and further, that said committee inquire into the expediency of a reduction of salary for county superintendents, both on part of State and county.
By Mr. Koiner :
Resolved, That the committee on agriculture and mining be instructed to inquire into the expediency of so providing by law, that where any owner of land in the county shall build a tenant house against the line of an adjoining farm, without providing his tenants with necessary fuel and water, said owner of land so building shall be responsible to the owner of the adjoining farm for any damages from burning fencing or otherwise, resulting from the occupancy of such tenant house, in case the tenants occupying such houses are irresponsible for the damages so committed.
By Mr. Taylor : A bill to incorporate the Virginia club of the city of Norfolk. Referred to the committee on propositions and grievances.
The morning hour having expired the house proceeded to the business on the calender.
No. 16. Senate bill entitled an act to incorporate the Masonic mutual relief association of Virginia, came up.
On motion of Mr. A. J. Clark, the bill was passed by.
No. 5. House bill to amend 4th section, chapter 182, Code 1873, with reference to judgment liens, came up.
On motion of Mr. Harrison, the bill was recommitted to the committee for courts of justice.
On motion of Mr. Lovenstein, the house adjourned until Monday at 12 o'clock M.
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 adjournis, 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.