Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-12-21

the oaihs OF fidelity and the oains of public Off
GERS, passed 9TH January, 1918, which act he con-
tends virtually repealed the Sd section OF the law
TO suppress duclling He Hedges as matter o
Information TO be embraced iD this certificate that
he gave challenge in 1917, Which was not ac-
copied, but tina, neither before or since, has he
violated the law TO suppress duelling.
The said x. Dpu hat further protested agains,
taking the 9th aforesaid, because he conscientious
ly believes the law prescribing It to be unconstitu
ilonal, a. il relates to Delegate. TO the General
Assembly. These objections and statements he has
required me TO certify, in order that the question
arising out OF them may be brought fairly and no
nesty before the House of Delegates at an early
day. Given under my hand this ith December,
1926 II. G. SCOTT. NJ. Execu,ive
"ReSolred, As the opinion of this Committee.
that the oath prescribed by the 3rd section of the
act to suppress duelling, which II. Dou'hat, re
Turned delegate from the county of Charles City has
refused TO take, ought not 10 be required of Mem
oers OF The Legislature, as necessary qualfca ion
before entering on he duties of their appointments,
because the same L. unconstitu,ion.
"Resoired, As the further opinion of this ON
miee, that the certificate OF qualification given by
member oil the Executive (and before recited) is
sdthcent to authorize the said 4. Doutha TO re
tain his seat IN the House o. Delegates, the RICH,
OF the said Il. ID. TO his as aforesaid not hav-
lns been contested upon any ground.
~ appears 10 your Committee, tha, INuthunld
Tyler, Delegate from he county OF Fairfax ha,
taken he oaths required by law in the usual form.
by certificate in the following words SO do
hereby certify that have administered the oath~
pre- cribed by law 10 be taken by delegate unto
Nathaniel Tyler. Given under my hand this 4,h
Dec. 1926.
w. +. pENDLETON -
ITO which certificate your Committee found the
following statement attached, viz. q" Having been
apf Ia trnl 81 8
OF the supposed Intended policy of The act to sun
press dueliins, bur believing that have not viola
ted The provision oil that eel, against The provision
oil which inust hrsi offend eer can incur either
lis penalties OF disabilities, and the same lime
anxious TO leave that question open Tor enquiry and
investigation on the part of The Legislature should
H. or any oil It's members differ with me as To that
TACT, have taken the oath prescribed by the act
with the proviso that the construction have given
to the act, and upon which have conscientiouslv
acted, be Legal and correct Construction of the
same. In order, then, tina he Legi lature, if 20
disposed, may act upon this subject, SOW place i,
In possession OF the fact hat since The passage of
the act to suppress duelng, whilst in the District
OF Columbia, accepted challenge, and under
that challenge fought duel-Dec. l. 1926
n. TYLER
I" This statement: was made previously to the TAX
ing of the OATH
I" ResoiUed, As the opinion of this committee.
that N. Tyler having aiken the oaths required by
law he taken by Delegate is entitled TO retain
his seat in this present General Assembly
"Ausustine Neale, Delegate from Richmond
county, Is reported 10 have taken The oaih. TO the
Certificate ofwhich is appended this -tatement:
gave challenge in the year 1870 WHICH was re-
fused; since that pei iod TO the present have neg
er taken the este oath Of the act 10 suppress du-
cling, and have now conscentiou-y taken il, be-
cause consider the plain reading OF the said act ap-
plies 20 the revision OF the laws of 1878 'I9
and at all event, that the te,te oath prior to ,he
year 1878, was hat time repealed, and wa.
operative only Subsequent 10 the last mentone ed
period. | make his statement in order that every
member OF the House OF Delegates may know the
construction which have put upon the sad laws.
and TO know precisely The time to " bch meant
the oath aforesaid should extend PROTESTING =
gains, all intention 10 be misunderstood by any
person whomsoeVei.'
AUG. NEALE."
Alb Dec. 1926.
"ResOiced, AS The opnio. of this COMMITTEES.
that A. Neale having taken the oath. required by
law to be taken by Delegate, Is entitled to retain
his seat In this present General Assembly,
Some conversation took place on the subject OF
this report, i'll which Me-srs. Colsion, Everett.
Gholson, Mason OF King and Green, Pa,teson,
ISylor, and Winston took par; relating princi-
pa!ly to the disposition of the report and the i'm
portance OF its principles. Mr.. Douthat express-
ed his readiness and his desire that the subject
should be immediately acted on by the House He
reminded the membcrs OF The Committee OF Pfivi-
ieses and Elections OF The last session then pre-
sent, o! his having, in The commencement OF thai
Session. Invited the attention of the Committee 20
his case He said he neither wished il passed over
at that or The present session. The Chairman Of
the Committee remnrled, that this had been the
course oil MIR. Douihat; and explained why the
Committee had not brought the question to the con
sideration OF the House, at EARLIER day this ses-
sion.
The report was laid on the table, ordered to be
printed, and made he order of the day for the Sc
cond Tuesday in January.
Mr.. Grifm Of York rose and remarked that he
wished to bring to the consideration of the House
subject recommended in the Governors Message
That our present system of elementary education
was detective, was proposition which no one
could doubt. He thought some amendment ne
cessary; and wished The attention of the Commits e
OF Schools and Colleges drawn to the subject He
asked that the Clerk might tie permitted to read a
few remarks preliminary to his resolutions which
he handed In, and concluding with the following
resolutions
Reso,ued Tia; the Committee of Schools and
Colleges be requested to inquire into the expedien-
cy OF sus2ending the present appropriation OF the
annual revenue of the Literary Fund, and that they
report by bill or otherwise
ReSoiued, That the Committee of Schools end
Colleges be requested to inquire into the expedien-
cy OF 80 changing the present plan of public in
siructon, as TO embrace system Of permanent,
graiuous education OF the youths of the State, IN
all situations OF life, recommended in the Mes
sage OF the Governor, to the present General
Assembly; and that they report by bill or other
wise
" Resolued, That the Committee of Schools and