The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-11-14
WHEELING WEST SATURDAY MORNING. NOVEMBER IA 1861

under the laws of the State. Theamend.
ment was adopted.
Mr.. Heermans offered an amendment,
which was adopted, to section ., pro-
viding thatalI bridges shall be provided
Win railing not less than three
Mr.. Boughner offered an Amendment,
which was adopted, providing that a
surveyor OF road shall be resident
OF the precinct in which the road is
located.
Mr.. Pinnsu offered an amendment
requiring male persons OF the age of
eighteen years to work upon the roads.
Lost on division.
Mr.. Fleming, Of Harrison, offered an
amendment extending the period at
which persons are not liable TO road
duty, from so to 60 years.
There was considerable discussion
upon this amendment and It Was finally
rejected.
During the debate Mr.. Bouehner OBJ.
tained the noor, and suggested the pro-
prtety of SO amending section Is, grant
ing certain powers to the surveyors of
roads, among others that of purchas-
ing gunpowder'' for the removal of
distractions on the road that they
should be allowed to purchase powder
used for blasting purposes. But his re-
reminder that he was not speaking to
the question before the House.
Mr.. Huffman offered an amendment,
the object of which was to require each
individual liable to road duty to work
six days instead oftwo during theyear.
Lost.
Mr. Heermans offered an amendment
which was adopted, changing the time
during which roads are 10 be worked,
from April lat 10 November 1st, the
original time being from April 1st to
Jan. 1st.
Mr.. Ferguson, of Cabell moved to
amend the 18th section, relating to the
impresGment of wagons, horses DC. by
surveyors of roads, by striking out the
words "by warrant of a Justice of the
townAhIp,n ~ which would give the sur
veyor foil power to makesuch Impress
meuts as he saw proper without first
applying to a Justice OF the peace.
Mr.. Armstrong opposed the amend
ment on the ground that 1t would give
the surveyor too much power and II
might be used so as to harass the peo-
pie.
Mr.. Ferguson replied that 1t was nec-
essary to give the surveyor full power
in order to the complete working ofthe
road system.
Mr.. Barnes hoped the amendment
would prevail.
After further debate the amendment
was adopted. {.
Mr.. jacobs having asked informA-
| ton of the gentleman from Cabell,
| Mr.. Fergusonl in relation to the work
ing of q certain provision in the chapter,
concerning the time at which surveyors
OF roads shall make reports to the
boards of supervisors, the latter gentle
man at the conclusion of his reply, took
occasion to say, in a slightly jocular
manner, in relation to the suggestion of
the gentleman from Monongalia, Mr.
BrouRhnerl about "gunpowd0r," that
his objection to that word could be
remedied by striking out the "gun"
aud he moved to so amend. The mo-
tlon was agreed to.
Mr.. Boughner rose and said that az II
was perfectly well understood that this
Code was "Ferguson's Code" every
one being aware of the great interest
he took in it. he (Mr. Boughner) deslr-
| ed that it should be as free from defects
az possible and that was the reason
| why he had suggested the amendment
which the gentleman from Cabell had
offered. Subdued Laughter
Mr.. Ferguson-I thank you, sir.
| Mr.. Bender offered an Amendments
providing that all surveyors of roads
shall receive compensation from tho
county treasury.
AT the request OF Mr.. Ferguson, of
Cabell, who said the matter was, he
thought, already provided for, the
amendment was Withdrawn for the
time,
Mr.. Tomlinson said he did not like
the section relating to the establish
ment of public roads, dc his principal
appointed by boards OF supervisors
they were not required to be sworn.
He bad therefore prepared substitute
remedyinE the defect, and now offered
it.
After debate, the amendment was re-
A recess was then taken until 2 P. N.
AFTERNOON SESSION.
The House reaasembled at2
Chapter 43 of the Code being still be-
fore the House. Mr.. Ferguson, OF Cabell,
moved to amend by adding three addi-
tional sections providing, respectively,
If boards of supervisors wilfully neglect
| their duty, every member of such board
shall be guilty of q misdemeanor, and
1pon- conyiction thereof, liable to a
fine of from $40 to $50; If any person BuB-
| tain damage in his person or property
by reason of public road or bridge
| being out of repair, he may recover for
all such damage by suit brought against
| the township in which the injury was
sustained; and II he sustain injury
on any road or bridge belonging
to any company or person, or to
any county in its corporate capacity
| he may recover in tho same manner as
prescribed in the preceding section;
| The amendment was adopted and the
| chapter ordered to engrossment.
! Chapter As coming up on second read.
| ing, Mr.. Ferguson, Of Cabell, said there
| were a number of amendments In his
possession which members desired
should be made, and as they could not
be made very well without examina-
ton. he moved that the chapter be re-
committed to the Committee on Revis-
ion. Agreed to.
Chapters ~, IS, 49, so, 81 and 81, were
read the first tins and ordered TO second
reading.
| the third time and passed.
Mr.. Ferguson, OF Cabell, moved to
suspend the rule in order I1at chapter
/ 46. relating to the poor, might be read
! second time. Agreed to.
| The chapter having been read, Mr..
Plnnell moved to strike ont that portion
I OF 1t relating to the liability of rela-
Etives for the support of pRupers. say
/ ing that although there was clearly
4 a moral obligation resting upon rela-
| tives to contribute to the support OF
| paupers, members of their family, yet
| hs.very much doubled the propristy of
making them liable by legal enactment.
! So far as he knew, the provision WAS
| without precedent.
Mr.. Ferguson, OF Cabell, opposed the
| motion, and said that there was prece-
| dent for the provision. It was to be
1 found in the laws OF the State of New
York and OF other States. J
Alter further debate the motion to
strike out was lost. sf-gg.l q
The chapter was the ordered 70 en-
| grossment. -- s-a-
Mr.. Pinnell offered aresolution. which