« ZurückWeiter »
By Mr. ALLEN: A bill to provide that in case of eviction of part of leased premises such evictien shall not work a suspension of the whole rent. Referred to the committee for courts of justice.
By Mr. WILKINSON: A bill for the relief of Edward C. Murphy and others, sureties of Charles L. Powell, late sheriff of Pittsylvania county. Referred to the committee on finance.
By Mr. Davis: A bill to extend the jurisdiction of judges of county courts in respect to injunctions. Referred to committee for courts of justice.
By Mr. HENRY:
Resolved, That the committee for courts of justice enquire and report whether any, and if so, which of the circuit judges hold their office, under the constitution, beyond the 1st January, 1879.
By Mr. KYLE:
Resolved, That the committee for courts of justice enquire into the expediency of so amending the law as to prescribe and limit the power of county judges and supervisors in fixing the allowances and salaries of county officers and county expenses.
By Mr. WITTEN: A bill to amend and re-enact the 1st and 2d sections of an act entitled an act to provide for the working of the roads in the counties of Scott, Wise and Buchanan, approved March 5th, 1877, so as to include Grayson and Tazewell counties. Referred to committee on counties, cities and towns.
By Mr. BERNARD: A bill to authorize courts, or judges thereof in vacation, or justices of the peace to order sales of personal property seized under writs of fieri facias or under distress warrants in cases where such property is expensive to keep or perishable. Referred to committee for courts of justice.
By Mr. Fark: A bill providing for submitting of repeal of tence law in whole or in part, to the voters of Mt. Vernon and Centreville districts, in the counties of Fairfax. Referred to committee on counties, cities and towns.
By Mr. FULTON: A bill to amend and re-enact sections seven and eight of chapter 158, Code of Virginia, edition 1873, in relation to the time of issuing writs of venire facias for jurors in civil cases. Referred to committee for courts of justice.
By Mr. MICHE: A bill to amend and re-enact chapter 141 of the Code of 1873, in relation to promissory notes. Referred to committee on banks, currency and commerce.
By Mr. KYLE :
Resolved, That the committee on officers and offices at the capitol, enquire into the expediency of abolishing the office of agricultural commissioner, railroad commissioner, and second auditor.
By Mr. KYLE:
Resolved, That the committee on schools and colleges enquire into the expediency of abolishing the appropriations to the University of Virginia, Military Institute and the Agricultural and Mechanical College.
By Mr. GRAVES:
Resolved, That the committee on schools and colleges enquire what legislation is necessary to prevent the further diversion of the public free school fund, and to pay the arrearages now due said fund.
The morning hour having expired, Mr. WALLACE moved that No. 19 House bill for the relief of the tax payers of the county of Orange, be read a second time this day, which was agreed to-yeas 110; nays 1two-thirds of the House so determining.
On motion of Mr. WALLACE, the vote was recorded as follows:
YEAS-Messrs. Speaker, Arlams, Akers, Attkisson, Barbour, Bernard, Bland, Bocock, Bohanan, Brown, Burger, Burnham, John R Carter, Peter J. Carter, Chase Coghill, Coleman, Cox, Crutchfield, Curlett, Dance, Davidson, Davis Dickerson, Dickenson, Dyer, Edmunds, Edwards, Evans, Farr, Ficklin, Finney, Fowler, Frazier, Fry, Fulkerson, Fulton, Goode, Graves, Gray, Green, Grigsby, Hall, Hanger, Hardesty, H. H. Harrison, Harvie, Healy, Henkel, Henry, Henson, liner, Hunter, Waddy I. James, Johnston, Kelly, Keyser, Kyle, Lacy, Lady, Lee, Lovell, Luck, Mc'abe, McCaull, McConnell, McCraw, McDaniel, Michie, Moffett, Mooreman, Mushhach, Velson, Norton, Parish, Pitts. Popham, Pulliam, Ragland, Edmund C. Robinson, J. H. Robinson, Ryland, Sandidge, Shannon, Shelburne, Shriver, Shumate, E. H. Sinith, J. Howard Smith, Southward, Spessard, Stevens, William B. Taliaferro, Warner T. Taliaferro, Andrew J. Taylor, William Taylor, Trout, Van Lear, Wallace, Walsh, Waring, Watson, Whitacre, Thomas M, White, Wilkinson, Whitmer, Wingfield, Witten, Wright, and Young—110. SAYS-Mr. Reuben N. Harrison-1.
The bill was read a second time and ordered to be engrossed to be read a third time.
On motion of Mr. HARDESTY, the House adjourned until to-morrow at 12 o'clock M.
SATURDAY, DECEMBER 7, 1878.
Prayer by Rev. Dr. Moses D. Hoge, of the Presbyterian church.
In Senate, December 6, 1878. The Senate have passed bills entitled an act authorizing the trustees of Andrew chapel congregation of the town of Ilarrisonburg to execute a deed of trust on its church property, No. 9; and an act to amend and re-enact an act entitled an act to fix the times of holding circuit courts in the fourteenth judicial circuit, No. 12.
In which bills they respectfully request the concurrence of the IIouse of Delegates.
No. 9. Senate bill was read twice and placed on the calendar, the rule having been suspended, on motion of Mr. MOFFETT, requiring its reference to a committee.
No. 12. Senate bill was read twice and placed on the calendar, the rule having been suspended, on motion of Mr. SHELBURNE, requiring its reference to a committee. .
The following Ilouse bills reported from the committee on counties, cities and towns, were read a first time:
No. 5. House bill to incorporate the town of Herndon in the county of Fairfax.
No. 6. House bill to incorporate the Union bridge company.
No. 7. House bill providing for submitting of repeal of fence law, in whole or in part, to the voters of Mount Vernon and Centreville districts, in the county of Fairfax.
No. 8. IIouse bill to amend and re-enact the first and second sections of an act entitled an act to provide for the working of the roads in the counties of Scott, Wise and Buchanan, approved March 5, 1877, so as to include Grayson and Tazewell counties.
No. 9. IIouse bill to authorize the colored Baptist church of Liberty, Virginia, to borrow money and secure the payment of same by deed of trust on the church property, reported from the committee for courts of justice, was read a first time.
Leave of absence was granted Messrs. VIPsIBACH one day, and GOODE two days.
A message was received from the Senate by Mr. JOHNSON, who informed the IIouse that the Senate had agreed to a joint resolution for the appointment of a joint committee to enquire how far the exercise of jurisdiction by the judge of the district court of the United States for the western district of Virginia, in awarding the writ of habeas corpus in the cases of Burrell Reynolds and Lee Reynolds, convicted of murder in the circuit court of Patrick county, is warranted by the constitution and laws passed in pursuance thereof, in which they respectfully request the concurrence of the House.
The Senate joint resolution is as follows:
Whereas, Burrell Reynolds and Lee Reynolds, citizens of Virginia, were tried at the April term, 1878, by the circuit court of Patrick county for the crime of murder, committed on the person of one Aaron C. Shelton, also a citizen of this commonwealth, upon an indictment duly found by the grand jury of said county, which said crime was charged in said indictment to have been committed within the jurisdiction of said court, upon which said indictment the said Burrell Reynolds was found guilty of murder in the first degree, which verdict was set aside by said circuit court and a new trial awarded him; and the said Lee Reynolds was found guilty of murder in the second degree, upon which a new trial having been refused by said court, he sued out his writ of error to the supreme court of appeals of this commonwealth, which said court, upon hearing and due consideration thereof, set said verdict aside, and awarded him also a new trial, and that said new trials were accordingly had in the said circuit court in October, 1878, and resulted in no verdict in the case of Burrell Reynolds and a verdict of guilty of murder in the second degree in the case of Lee Reynolds upon which verdict, sentence and judgment of the said court was entered that he be confined in the penitentiary of this commonwealth for the term of eighteen years; and whereas after these said proceedings in said circuit court of Patrick county, the judge of the district court of the United States for the western district of Virginia, did, upon petition of said Burrell Reynolds and Lee Reynolds, award the writ of habeas cum causa, directed to the sheriff of Patrick county, directing him to produce the bodies of the said petitioners before him, the said district judge of the United States, there to abide and perform what should be adjudged by him in the premises; and whereas the marshal of the United States for the western district of Virginia did, in pursuance and execution of said writ, proceed to take the said Burrell Reynolds and Lee Reynolds from the custody of the sheriff of Patrick county, holding them under the anthority of the circuit court of said county and the laws of this commonwealth, charged upon said indictment with the crime of murder as aforesaid, and did produce the same before the said judge of the district court of the United States for the western district of Virginia; and whereas said judge did thereupon order said marshal to hold said parties, and is about to proceed to try them in his said court for the said murder charged to have been committed against the laws of this commonwealth; therefore,
Resolved, by the general assembly of Virginia, That a joint committee, to consist of five on the part of the Senate, and seven on the part of the House of Delegates, be appointed to examine and consider this subject matter, and to enquire how far such exercise of jurisdiction by the said judge of the district court of the United States is warranted by the constitution of the United States and the laws passed in pursuance thereof; and if, in their opinion, such exercise of jurisdiction be unwarranted and contrary to the rights reserved to this commonwealth or the people thereof, under said constitution, to report such mode and measure of redress, and manuer of preventing a repetition thereof, under said constitution, as may be necessary and advisable.
The question being on agreeing to the joint resolution of the Senaté, was put and decided in the negative--yeas 61; nays 44—not twothirds voting in the affirmative.
On motion of Mr. ('OGHILL, the vote was recorded as follows:
YEAS-Messrs, Speaker, Adams, Akers, Ashton, Attkisson, Bocock, Bohanan, Burger, Burnham. Coghill, Cox, Crutchfield, Curlett, Dance, Davidson, Dickerson, Dyer, Echols, Edwards, Finney, Fowler, Graves. Gray, Green, Hall, Hanger, Flardesty, Healy, Henkel, Henry, Hunter, R. D. James, Johnston, Keyser, Kyle, Luck, McCabe, McCaull, McCraw, Moffett, Nelson, Pitts, Popham, Pulliam, Ragland, Edmund C. Robinson, Sandidge, Shannon, Shelburne, Shriver, Shumate, William B. Taliaferro, Warner T. Taliaferro, Andrew J. Taylor, Trout, Van Lear, Wallace, Whitacre, Thomas M. White, Wilkinson, and Witten--61.
Nays-Messrs. Bland, John R. Carter, Peter J. Carter, Chase, Coleman, Davis, Dickenson, Edmunds, Evans, Farr, Fauntleroy, Frazier, Fry, Fulkerson, Fulton, H. H. Harrison, Reuben N. Harrison, llenson, Iliner, Waddy T, James, Kelly, Lady, Lee, Lovell, McConnell, McDaniel, McMullan, Michie, Moorman, Norton, Ryland, E. H. Smith, J. Howard Smith, Southward, Spessard, Stevens, William Taylor, Walsh, Waring, Watson, Smith J. R. White, Witmer, Wright, and Young–44.
Mr. McMULLAN moved to reconsider the vote by which the Senate joint resolution was rejected; which motion was agreed to.
The question recurring on agreeing to the Senate joint resolution,
On motion of Mr. FAUNTLEROY, the Senate joint resolution was committed to the committee on federal relations.
Mr. HENKEL offered the following resolution:
Whereas the governor of this commonwealth has presented to this assembly his annual message, in which he earnestly and patiently sets forth the necessity of an immediate settlement of the “debt question," and at the same time urges this assembly to make such increase in the rate of taxation as may be necessary to meet the demands of the creditors of this commonwealth; and whereas we are exceedingly anxious to settle the question, and to remove it from the arena of politics, and while we are willing to do all that is proper to secure the payment of interest on our obligations to our creditors; nevertheless, be it
Resolved, That it is the judgment of this House that it would be unwise, impolitic and even detrimental to the interests of the commonwealth, as well as her creditors, to make such increase in the rate of taxation as would be necessary to carry into effect the plan propoposed in His excellency's message.
The House referred the resolution to the committee on finance.
Whereas a large sum of money, aggregating a million dollars or more, is now due the public schools of Virginia, and is yearly increasing to an alarming extent, thus impairing and almost destroying their efficiency, thereby denying to the tax-payers the rights and privileges of securing for their children the benefits of a common school education, sacredly provided for by the constitution and laws of our state; and whereas the people of the commonwealth are justly demanding a redress of these wrongs; therefore,
1st. Resolved, That it is the bounden duty of the present general assembly to use every legitimate means within their power, to secure under the existing rate of taxation, not only what may in the future become due to the public school fund, but to provide a means for securing as soon as possible the amounts now due and in arrears.
2d. Resolved, That the finance committee be instructed to enquire into and report, if possible, some plan by which the amounts set apart by the constitution for the exclusive use and benefit of the public schools may be secured.
The IIouse referred the resolution to the committee on finance.
The following were presented and referred under rule 37:
By Mr. TALIAFERRO of Norfolk : A bill to furnish George Manning with a leg. Referred to committee on finance.
By Mr. EDMUNDS:
Resolved, That so much of the reports of the superintendents of the asylums and of the penitentiary as relate to the transportation of the insane to said asylums and convicts to the penitentiary, be referred