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courts, shall, by virtue of his appointment, have power, and said superintendent is hereby authorized, in cases of repairing or building a bridge, to employ skilled labor if necessary, and provide by purchase or otherwise material necessary to the work; and said superintendent is hereby required to keep an itemized account, on oath, which account, if approved as just and reasonable by the county court, shall be allowed and paid out of the county levy."
The bill was ordered to its third reading.
No. 137. House engrossed bill to amend and re-enact section 14 of the charter of the city of Danville, was read a third time and passed.
Mr. GRAVES moved to reconsider the vote by which the bill was passed; which motion was rejected.
No. 31. lIouse bill to secure to tax-payers in cities the right of public education for their children, came up.
The substitute proposed by the committee of schools and colleges Was agreed to.
Mr. SHELBURNE moved to dismiss the bill----no quorum voting.
Mr. GRAVES moved to adjourn, which was rejected--a quorum voting
The motion to dismiss was agreed to.
Mr. ANDERSON moved to reconsider the vote by which the bill was dismissed; which motion was rejected.
No. 46. House bill to amend and re-enact section 53 of chapter 21 of the Criminal Code, in reference to the organization, government and discipline of the penitentiary, approved March 14, 1878, came up.
The amendment proposed by the committee on asylums and prisons was agreed to, as follows:
Strike out in 6th, 7th and 8th lines of 53d section, as proposed to be amended, the words, "and the said guard shall be boarded at the expense of the penitentiary, and also be furnished with quarters at the same," and insert in lieu thereof the following:
“ And the said guard shall be boarded, and shall be furnished with quarters at the penitentiary, at the cost of said institution, under the direction and control of the authorities thereof."
Mr. FARR moved to dismiss the bill.
Mr. JIUNTER moved to add at end of the 53d section, as proposed to be amended, the following: “That the salary of the superintendent of the penitentiary be reduced from $1,600 to $1,000.”
Mr. BARBOUR moved the previous question; which was ordered.
Mr. JORDAN demanded the yeas and nays on the motion for the previous question; which was not sustained.
The amendnrent offered by Mr. HUNTER was rejected-yeas 10; nays 90.
On motion of Mr. HUNTER, the vote was recorded as follows:
YEAS-Messrs. Akers, John R. Carter, Chase, Fry, Kelly, Kyle, McDaniel, Joseph Walker, Witmer, and Young—10.
NAYS-Messrs. Speaker, Adams, Anderson, Ashton, Attkisson, Barbour, Bernard, Bland, Bobannan, Burger, Peter J. Carter, Coghill, Coleman, Crutchfield, Dance, Davidson, Davis, Dickerson, Echols, Edmunds, Farr, Fauntleroy, Ficklin, Finney, Fowler, Fulkerson, Fulton, Graves, Gray, Green, Grigsby, Hamilton, Hlanger, Hardesty, Reuben N. Harrison, Harvie, Healy, Henkel, IIenry, Henson, R. D. James, Waddy T. James, Johnston, Jordan, Keyser, Lacy, Lee, Lovell, McCaull, McCraw, McMullan, Moffett, Moncure, Mushbach, Nelson, Norton, Oglesby, Pitts, Popham, Powell, Pulliam, Ragland, J. H. Robinson, Ryland, Sanclidge, Shannon, Shelburne, Shriver, Shumate, Southward, Spessard, Starke, Stevens, Sykes, William B. Taliaferro, Warner T. Taliaferro, William Taylor, Trout, George Walker, William M. Walker, Wallace, Walsh, Waring, Watson, Whitacre, Smith J. R. White, Thomas M. White, Wingfield, Witten, and Wright-90.
The motion of Mr. Farr to dismiss the bill was agreed to.
Mr. Walsh moved to reconsider the vote by which the bill was dismissed; which motion was rejected.
A message was received from the Senate by Mr. WOOD, who informed the House that the Senate had passed House bill entitled an act to pay the judges of the commonwealth their salaries and mileage fixed by law on the 12th March, 1878, during their then several terms, No. 81, with an amendment; in which they respectfully request thé concurrence of the House.
A message was received from the Senate by Mr. TYLER, who informed the House that the Senate had passed IIouse bill entitled an act to prescribe the times for holding the terms of the circuit court in the fifteenth judicial circuit, No. 95, with a substitute; in which they respectfully request the concurrence of the House.
The SPEAKER laid before the House a communication from the governor, which was read by the clerk as follows:
COMMONWEALTH OF VIRGINIA,
Richmond, Va., February 13, 1879. To the General Assembly:
As directed I sent to W. W. Corcoran, Esq., the joint resolutions expressive of appreciation of his good will so often manifested for the state, and his many valuable donations to her and her institutions. His response, which I herewith transmit to your honorable bodies, is so worded as to make all feel more deeply than ever the strength of his friendship for the “old commonwealth," and how ardently he desires to promote her welfare. Very respectfully,
FRED. W. M. HOLLIPAY.
WASHINGTON, D. C., February 1, 1879.
Governor F. W. M. HOLLIDAY, Richmond, Va.:
My Dear Sir, I have received with inexpressible satisfaction the resolutions transmitted by your excellency, and emanating, as they do, from the representatives of the grand old commonwealth, which has ever commanded my veneration, it is natural that I should indulge, a venial pride in becoming the recipient of this gratifying tribute, however unworthy of such distinction I may consider myself. Be pleased to convey to the general assembly of Virginia my grateful acknowledgments of the honor conferred upon me, and accept for yourself the renewed assurances of my high consideration and perersonal esteem. Truly yours,
W. W. CORCORAN.
The hour of 12} o'clock P. M. having arrived, special order
Report of the special committee of the Senate and the committee on federal relations of the House of Delegates of Virginia as a joint committee of the general assembly, on usurpation of power by the federal judiciary in Virginia (from the Senate), came up.
Mr. Popham moved to postpone the special order until to-morrow at 11! o'clock A. M.; which motion was rejected.
Mr. POPHAM moved to postpone the special order until to-morrow at 11:25 A. M.; which was agreed to.
The hour of 1 o'clock P. M. having arrived, special order
No. 76. House bill to authorize the James river and Kanawha company to make saleand transfer of all its works, property and franchises to the Richmond and Alleghany railroad company, and to define the powers and duties of the board of public works in respect thereto, came up.
The question being on agreeing to the amendment offered by Mr. JOHNston of Giles to the substitute offered by Mr. Bocock,
On motion of Mr. Hanger, the special order was postponed until to-morrow at 12 o'clock M.
On motion of Mr. GRAVES, the IIouse adjourned until to-morrow at 11 o'clock A. M.
TUESDAY, FEBRUARY 4, 1879.
The Journal was read by the clerk.
A communication froni the Senate by their clerk, was read as follows:
In Senate, February 3, 1879. The Senate have passed Ilouse bill entitlexi an act for the relief of the sureties of Peyton R. Ford, late collector of Madison township, of the county of Charlotte, No. 68; and they have agreed to the amendInents proposed by the House of Delegates to Senate bill entitled an act imposing certain duties upon county and corporation treasurers and other collectors of state revenue, and fixing the penalty for failure to perform them, No. 6.
No. 81. House bill entitled an act to pay the judges of the commonwealth their salaries and mileage fixed by law, on the 12th March, 1878, during their then several terms, was placed on the calendar, the rule having been suspended, on motion of Mr. HENRY, requiring its refer: ence to a committee.
No. 95. House bill entitled an act to prescribe the times for holding the terms of the circuit courts in the fifteenth judicial circuit, was placed on the calendar, the rule having been suspended, on motion of Mr. McCAULL, requiring its reference to a committee.
No. 79. Senate bill entitled an act to amend the charter of the Bank of Portsmouth, was reported from the committee on banks, currency and commerce.
The following Senate bills were reported from the committee for courts of justice :
No. 110. Senate bill entitled an act providing for the rebinding books of record.
No. 104. Senate bill entitled an act to fix the times of holding courts in the fourteenth judicial circuit.
No. 29. Senate bill entitled an act to authorize the condemnation of the use of the land now occupied by the Central lunatic ässlun, was reported from the committee on asylums and prisous.
The following Senate bills were reported from the committee of propositions and grievances:
No. 64. Senate bill entitled an act to incorporate Oak IIill academy, in the county of Grayson.
No. 49. Senate bill entitled an act to amend and re-enact sections 1, 2 and 3 of an act entitled an act to incorporate the Masonic Mutual Life Assurance Association, of Norfolk, Virginia, approved February 26, 1876, and to change the name of said association.
No. 76. Senate bill entitled an act to amend and re-enact section 7 of chapter 15 of the Code of 1873, in relation to the distribution of the Session Acts, the Code of 1860, and Mayo's Guide, among the officers of the counties or corporations who are entitled by law to receive the same.
No. 91. Senate bill entitled an act to incorporate the Portsmouth library association.
No: 212. House bill to amend and re-enact an act to incorporate the Portsmouth insurance company, passed February 17, 1852, reported from the committee on banks, currency and commerce, was read a first time.
No. 213, House bill to authorize supervisors to levy taxes on railroads in certain cases for county purposes, reported from the committee on roads and internal navigation, was read a first time.
The following bills, reported from the committee on counties, cities and towns, were read a first time:
No. 214. House bill to incorporate the town of Madison, in the county of Amherst.
No. 215. House bill to annex a portion of the county of Craig to the county of Giles, and to repeal an act passed April 7, 1858, entitled an act to annex a portion of the county of Giles to the county of Craig, with a recommendation that it do not pass,
The following House bills, reported from the committee for courts of justice, were read a first time:
No. 216. House bill to amend and re enact an act entitled an act to amend and re-enact an act passed March 15, 1819, entitled an act to extend the limits of and provide for electing trustees for the town of Marion, in the county of Smyth, and investing them with certain corporate powers, approved July 9, 1870.
No. 217. House bill to amend and re-enact section 1 of an act entitled an act to authorize the trustees of Black Lick Presbyterian church to make sale of certain property belonging to said church, approved March 14, 1878.
No. 218. IIouse bill to amend and re-enact sections 7 and 8 of chapter 156 of the Code of 1873, in relation to business done in the court of appeals at Wytheville and Richmond.
No. 219. House bill to furnish convict labor to work on the public roads of Wythe county, reported from the committee on asylums and prisons, was read a first time.
No. 220. House bill prolibiting non-residents hunting, shooting, trapping, or netting partridges in the counties of Accomac and Northampton, reported from the special committee on game, was read a first time.
The following IIouse bills, reported from the committee of propositions and grievances, were read a first time:
No. 221. IIouse bill to incorporate the North and Southside Virginia mining and manufacturing company.
No. 222. Ilouse bill to incorporate the Chesapeake Lodge, No. 1596, Grand United Order of Odd-Fellows, of the village of Ilampton.
The following report was agreed to:
The committee for courts of justice lave, according to order, had under consideration a resolution directing it to enquire into and report by bill or otherwise, upon the right of the state to allow claims presented by her citizens, to be paid out of the treasury of the state for provisions furnished during the war for the support of convicts in the state penitentiary, and have come to the following resolution:
Resolved, That the question presented is a purely judicial one, and therefore it is inexpedient to legislate on the subject.
The following report was presented:
The committee for courts of justice have, according to order, had under consideration a resolution, directing it to enquire and report to the IIouse whether or not the committee on House expenses has the anthority to direct additional or extra compensation to be paid to any employee of the Ilouse, and have come to the following resolution:
Resolved, That the committee are of opinion that it is not proper for them to express any opinion as to the power or authority of committee, except under instructions from the House, and therefore ask to be discharged from further consideration of this resolution.