Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-01-25

OF citiZens OF Randolph county, praying to
have the boundary line changed between
the counties of Randolph and Upshur.
Referred.
Mr.. DUNBAR offered resolution promo.
sing an inquiry into the expediency of re-
porting bill for the relief of the wives
and families of Union soldiers outside the
lines of the Union army. Adopted.
The Senate Bill No. l authorizing suits
to be brought in Preston county hereto
tore cognisnble in certain other counties
was read second time and referred.
On motion the Senate adjourned.
HOUSE.
SATURDAY, Jan. %, 1864.
Prayer by Rev. Thos COpley, member of
the House.
Mr.. JAMES q. HINcHNAN, returned as
delegate from Logan, presented credentials
and was qualified.
The credentials were referred, on motion
of Mr.. FLEMING.
Mr.. FLEMING, from the Commute on
Elections, &C., after an examination of the
credentials of the members, reported as
entitled to seats all those returned by the
Clerk, except Benoni Griffin, the delegate
from Pocahontas and Webster, and that in
his case, the election having been held
after the regular time, and there being
nothing in his certificate to show that the
ten days notice, required by law, had been
given, the same was null and void, and
Mr.. Griffin not entitled to seat
The report was not called up during the
| session.
Mr.. RUFFNER, from the Committee on
Finance, who were directed to inquire as
to the e1pediency of re assessment of
lands throughout the State, reported ad-
| versely thereon.
Mr., LAMB, from the Judiciary Committee,
who were directed TO inquire as to the ex-
Pediency of exemptng the 3 s o. and Y.
w. Va. r. R. Companies from tax for the
years 1861, 1862, and 1862, reported adj
| versely thereon.
The report was afterward called up, and
on motion of Mr.. WHEAT. recommilted.
Mr.. LAMB also also from the same Com.
mitlee, reported bill to amend the gener-
| al election law, and bill in relation to
divorces. Read first time.
The first of these bills provides that the
oath to be taken BY the voter in the case
specified in The oath section of the "Act
to regulate elections blythe people," (chap-
ter 1907 shall be that he will support the
Constitution of the United States and of
this State that the supervisor and in-
| spectors, or any two of them. may make
aud sign the certificate mentioned in the
3Oth section of said act, and seal up, mark
aud endorse the package US therein direct.
ed to be done by the two inspectors; that
the 9th section of said act shall lie held
| applicable to any supervisor who shall
assist in making any false certificate or
return respecting any election, knowing
the same to be false and that any person,
candidate or not, VINO shall offer gratu.
itously any intoxicating drink to a voter
on the day of au election shall forfeit not
less than ten nor more than fifty dollars.
The second bill provides that where
either the husband or wife %Ilfully aban-
| dOns the other for three years, or has
heretofore done 50, divorce may be de.
creed by the circuit court having iurisdic-
ton; and repeats so much of the 9Th sec
ton OF chapter 100 of tue Code of Virgin
la, second edition, as is inconsistent there
with.
The same gentleman, from the same
committee TO whom was referred the peti.
ton of Susan " Carter, of Morgan county.
praying that she may by special enact
ment OF law be divorced from her husband,
reported that by the third section of arli-
Gle eleven of the Constitution, it is pro
Vided that relief shall not be granted in
such cases by special legislation.
He also. from the same committee, who
were directed to inquire as to the expedi-
ency of confirming marriages made under
authority of licenses issued by the clerk of
the county court of Wyoming since June
20, 1863, reported that, in the opinion of
tue committee, though a mLrriaEe license
may have been irregularIy issued, the valid.
lty OF the marriage is not in any way af
tected thereby if it be in other respects
lawful (Sec of chap. los of the Code of
Virginia, I'd edilion.) That il a marriage
be void, and act of the Legislature cannot
legalize it. Marriage being u contract and
its essential requisite being the consent of
the parties the Legislature cannot make a
contract or consent for them. And, further.
that the sixth section of the ordinance for
the organization of this State provided that
all officers acting within the territory EN-
braced 10 the new State on June 20, 1868
by authority of the laws of Virginia should
continue to exercise the powers and per-
form the duties of their Offices until officers
elected under the laws OF the new state
for the discharge of similar duties we've
qualified; and that under this provision il
was proper for the Clerk or the Court of
Wyoming to issue marriage licenses till
the recorder of that county was elected and
Iqualifed; aud it not appearing that the
licenses were issued after The recorder was
qualified it was iuexpedent to legislate on
the subject
The same gentleman from the same
mUO "cEe uFeCteu 70 inquire as
to the expediency of granting further time
for officers heretofore elected to take the
oaths and give the bonds required by law,
reported that though it might be proper to
grant relief in particular instances where
the persons elected have been prevented by
circumstances beyond their control from
qualifying within the proper time, yet it
would be inexpedient to pass any general
law on the subject.
Mr.: Corr from the Committee on Print
ing, &C., reported bill for printing 5 900
copies of "a page pamphlet, containing
the School Law and synopsis of the most