Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-16

praying the passage of special road law for said
county.-By Mr. SuPMAS, of the President and Drcc-
tors of the Valley Turnpike Company, praying an
amendment to the laws relative TO said company.-By
Mr. SMi~n, OF NJ. * j. Of Benz. Wright, for divorce
from his we.-By MIR. BAKER, memorial of the Pre-
sdcr and Directors oftc Winchcscrand Potomac rail
road Company, asking increase Of the capital stock
OF said Company, and conversion on State LOAF: into
stock.
Juesdag, ian. IA, 1910.
communication from John Souhcatc the Prcsi-
dent pro. lem, of The Exchange Bank, transmitting
list of the members OF the House of Delegates who
are stockholders and their Indebtedness individuals
and as members of firms, to said institution, laid
before the House by the Speaker, and referred to the
Committee Banks.
The communication reports member stock
holder and hc0 debtors.
Petitions were prcsented:-By Mr. WooD, from Eli
Zabelh a. Binns for divorce from her husband Ed.
mund Bnns--By MIR. WATTS, the memorial OF sIndry
citizens Of the town OF Portsmouth, praying certain
qualifications of the right of suffrage, exercised
in the election Of trustees ofthe townBy Mr. CRurcH-
FIELD the memorial OF citizens OF the corporation Of
Fredericksburg and town of Falmouth, praying Lcgis!a
tive nterposon to restrain the Richmond, frcdcrlcks
burg and Potomac Railroad Company, locating and
constructing their bridge the Rappahannock, as
to lnnrc the navigation of the River--By MIR. Bur-
WELL Of Clarke, memorial from citizens OF Freder
lex and Clarke counties in relation to the construction
of road from Winchester to Berry's Ferry
On motion Of Mr.. BuRwELL of c., ReS0lred That
the Committee Of Roads and Internal Navigation be
instructed to inquire into the necessity and propriey of
extending the North Western Turnpike Road from its
Eastern termination to the Western extremity Of the
Ashby Gap Turnpike and to the Bcrryvillc Turnpike;
also TO appropriate tolls arising from the common
wcaths stock IN the Ashby Gap Turnpike and the
Little River Turnpike Companies to the extension oft
to Bcrrys Ferry, and that in the 2crryve, and Lees
burg Turnpike Roads, be applied % lis extension 10
Bcrryv'lsc, which will render the communication be-
tween the East and West complete, by filling up the
small interval of about II miles between those two
points
The Chair presented communication from the Pre-
sdent of the Board Of Public Works, in answer to
resolution of the House OF Delegates, Of the oath of
December last, calling for information in relation to
certain locks the Chesapeake and Ohio Canal
Ordered tc be printed
The Chair presented the Annual Rcpor; Of the Court
Of Directors Of the Western Lunalic Hospital Tor the
year 1889 Ordered to be printed
On motion Of Mr.. WADE Of Montgomery, The Com
mt;ee the Militia Laws were instructed 10 inquire
into the eSpeaency Of forming regiment IN the coun
i Of PULASKI, out Of parts OF 18Th and 18TH Regiments.
On motion of Mr.. LncKRinOF, tic Committee Of
Roads and Internal Nav Iation instructed to in
qurc into the expcdiency of tuakng further aPpropr
alton for the Opening and construction OF the road from
the Great Fall in the Falling Spring Valley, in the
county of Allegheny to ntersect the road Jacksons
river at or near Robinson place, Covington, for
the purpose of carrying into effect the object of the act
"approprating sum Of money for the purpose of
opening road in the counties of Bath and Allegheny,
MoSoNGAL1A CONTESTED ELECTION
On motion OF Mr. SorTHALL, the report on this SUBJ
ject taken up.
The first resolution OF The Comrrlcc is as follows:
''Rcsoecd, That under the pa:::.cuar facts and cir
cumsanccs of the present contest the notice Of the
contestng candidate delivered the sttin. member
on the 18th June, 1892 Of his intention to contest his
seat is sufficient and ought 10 be sustained
TT appears from the Report that the election took
place the 23d Of May, and the notice given 18th
June; that al the pobooks not delivered 10 the
Clerk within six days after the election commenced,
and therefore the Committee allow 81 days for the no.
tice, from commencement Of election, instead of the
18th required by law the spirit of the law in this case,
in the opinion Of the Committee, overriding the letter
Mr.. STEPHENSON moved to amend the resolution of
the Committee by declaring she notice to be INSULT
Gent and ought not to be sustained" Mr. S. thought
the Committee might IS well say SIX months notice was
legal say u days. when the law expressly requr
cd 10
Mr. Scorr of F. moved to pass over THE resolution
until the remainder were acted upon. Lost
Mr. ALLYN requested the reading of the memorial OF
the contestant, and then argued in favor Of the legality
OF the notice-basng his argument the failure of
the SherifFs 10 return all the poll books TO the Clerk
Office within 6 days.
Mr.. SorrnALL supported the resolution Oft Com
mittee.
Mr. BANKS offered the following amendment TO the
substitute of Mr.. Stephenson
"And that the certificate Of the election Of the said
james Evans filed with the Clerk of this House, is net
in conformity with the 23d section of the act of the I'd
dav of April, 1881, concerning General Elections III
this Commonwealth, and is therefore evidence that
the said James Evans elected to member
of this House
Mr. SrrrnESsoy argued that the House had nothing
to do with the certificate of the sitting member There
is nothing relating in the report of the Committee
and it is not in any shape or form before the House
At the suggestion of Mr.. SMITH OF Isle OF Wight,
Mr. Banks Withdrew his amendment.
Mr.. STEPHENSON demanded the ayes and noes on his
amendment which ordered
Mr. ScoTr of F., supported the substitute at some
length urging that the Committee had right to alter
the law of the land
The substitute was rejected, ayes 80, noes So
Mr. STEPHENSON called FOR the ayes and noes on
concurring with the Committee.
Mr.. SMITH of Isle of Wight felt some doubt and
difficulty the subject. He believed the notice was
not sufficient TO give the concsng member the seat
but by proceedings might find the progress of the
that the sitting member not duly elected, and
send the election back, but that was all that could be
done.
Mr. GREGORY called for the reading Of all the tcst
mony-He had no where seen any evidence that the
pol-books not returned in due season to the
Clerk s ofice-It alleged, but he wished to sec
the evidence.
Mr.. CHAPMAN referred 10 certain page Of the Re.
port for the desired evidence.
Mr.. GREGORY not satisfied with the testimony
referred II did not establish the point to which he
alluded
Mr.. WooD member of the Committee, and, nc
cording to his recollection, evidence was adduced
before the Committee TO prove the allegation, that the
pobooks not properly and duly returned Mr..
w contcnded, that it was not competent for this
House. under any circumstances, disregard solemn
law of the land, and allow 81 days notice, when the
law expressly requires 10
Mr. SouTHALL read some Of the evidence TO show
that it sufficiently clear that the pollbooks were
not returned within days.
MIR. CoLEAAs explained the reasons which would
induce him support the resolution of the Committee
Mr.. GooDE had no difficulty as to his vote upon the
resolution of the Committee but meet the difficulty
of the gentleman from Isle Of Wight he moved TO
amend the resolution by adding to it these words-"so
far as to open objections to the right Of the sitting mem
Der to hold his seat
Mr., GREGORY thought he amendment removed no
difficulty lie referred TO the testimony reported 70
show there contradiction to the time OF he re-
turn of the polls. He agreed with the member from
Fauquier, that when the law 50 Pa as IN TINS case