The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-02
General Assembly of Virginia.
TUESDAY, March ], lsIo.
SENATE.

i nc EtHutc uiSS IL - " SASS'N
DELL in the chair.
FREDERICKSBURG AND NORTHERN NECK
RAILROAD.
On motion of Mr.. W. II. TAYLOR, the bill
incorporating the Fredericksburg and North
ern Neck railroad was taken up. amended
from it's engrossmcnt, and ordered to be re-
! engrossed.
Also, the bilr incorporating the Kappa
hammock and Potomac railroad; which was
ordered for engrossment and third read
ing.
PITTSYLfANIA COURT.
Mr.. HERSpoS, from the Committee of
Courts of Justice, reported bill authorl-
zing the Pittsylvania court to hold month
/! " session in the town Of DanTille: which
was read and ordered for engrossment.
STOLEN BONDS.
The bill protecting the owners OF lost OF
stolen registered bonds was taken up and
passed.
LURAT VALLEY RAILROAD COMPANY.
Mr.. W. H. TAYLOR, from the Committee
on Roads, &C., reported a'bIll to Incorpo-
rate the Luray Valley Railroad Company;
which was taken up and passed.
THE ENABLING BILL.
The Committee on Courts Of Justice re-
ported the House enabling bill, with slight
amendments, excepting the officers of courts
from the power Of appointment OF the
councils or boards Of trustees.
Mr.. W. II. TAYLOR offered IN amendment
giving the Governor the power of appoint
ing the mayors of ci,ies, instead of allowing
l., r "a .,Inn
In the discussion which cnoued Mir. Aus
TIN opposed the bill az dctrimentsl to the
best interests of Virginia. aud calculated
to inspire distrust in outside parties VINO
might wish to invest i'll Virginia.
MIR. FRENCH spoke il favor of the bill,
pointing out the public necessities and the
provisions Of the bill ss calculated to meet
them.
Mr.. BLAND argued against the bill on
the ground that it was unconstitutional.
Mr.. ROLLER was in DOUBT as to the con-
stitutionality of the bill, ard asked infor-
nation upon the subject from the CON-
mittee.
Mr., HERSDoS, in response, argued upon
the general merits of the bill, showing that
it did not conflict with the Constitution: and
that it was the duty OF the Senate to pass
the bill as necessary to the public welfare:
MIR, CARR offered as q substitute the bill
offered Mr.. Thomas in the House, and op-
posed the adoption of the bill before the
Senate.
Mr., TAYLOR withdrew his amendment.
Under call for the previous question
the substitute offered by Mr.. CARR was
lost-ayes, IL noes, y.
ar. sr,ol.a prpu tho morris of
| the bill, and urged the arguments i'll favor
of its adoption. He styled it the great
| conservative measure, which neither inst
| the demands of the Radical Republicans to
keep all in Office, competent or incompc-
| tent, nor the demands Of the Radical Demo-
Gratis for sweeping all from office. He
moved as an amendment to insert in the
seventh section, after the words "judgcs
and officers of the courts" the words
hereinafter provided for" Adopted.
Mr.. AUSTIN moved 10 strike out all after
| the third section. Lost-ayes, 8; noes, 20.
Mr.. NoRMAND SMITH offered an amend
ment providing for q special election in
| May TO fill the Offices of circuit and county
clerks, attorneys, and sheritfs. Lost.
The bill was then passed by the follow
ing vote:
AYEs.-MessrS. Anderson of Piltsylvania, An
derson Of Rockbridge. Be ,zey, Campbell, Court
| ney, French. Greever, Grimsley, Harris, Hern-
Penn, Roller. Smith Of Clarke. SnowdeI', Taylor
Of Loudoun, Taylor OF Norfolk city, and Terry
NoEs.-Messrs Austin, Bland Carr. Haskell,
| NJ assev Moseley smith of New Kent Smith OF
Henrico, Teamoh, and Wood--lo.
The bill as passed stands as follows:
To enable officers nor holding Offices in Vir-
| qinio by military appointment or other
| rise to hold orer until their successors
are elected or appointed and hare daily
qualified to ratJy and confirm the off
ciaf acts Of all Such officers, and to pro-
| eide for Filing racancies III the offices Of
| justices and conStaJlcs.
Whereas grave doubts have arisen as to
| the right of the civil officers of this Com
| monwealth-the Governor, Attorney-Gene
raj, Lieutenant Governor, and members of
the General Assembly, excepted-to con-
tinue to hold their Offices and to exercise
the powers, perform the duties, and enjoy
the privileges and emoluments appertaining
| to the game, and as to the legality of their
acts az such officers since the admission Of
| the State as one of the eoSqual States Of the
American Union; and whereas the failure
| to recognize the official acts of such officers
as legal, and their removal from Office ut
this time, would cause great confusion and
embarrassment throughout the State; there
| fore
]. Be it enacted by the General Assembly
of Virginia, That all such officers who are
eligible to office under the existing Consti-
tuition aud laws of Virginia, and who quail
fed on or before the Goth day of january,
1870, and none others, be, and they are
hereby, recognized as legal officers of this
Commonwealth, and authorized to continue
to hold their said Offices and to exercise the
rights and powers, perform the duties, and
enjoy the privileges and emoluments apper-
tanning to the same, as far as they may
lawfully do so under the present Constitu-
ton and laws of this State, and until their
successors are appointed or elected, and
have duly qualified: Provided, That all
officers of whom bonds arc now required
by law for the proper discharge Of their
respective duties shall give or renew their
bonds, with good security, in the penalty now
provided by law, within thirty days afterthe
passage Of this act: Aad provided, If no
| term OF the court before which any officer is
required to give bond occurs before the expi-
ration Of said period of thirty days, then
said bond shall be given at the next term
of the court thereafter: And provided
further, That in any county where the
next term of the county court after the
passage CT this act shall occur within ten
days thereafter, in that case the said Off
GERS shall be allowed until the second term
of said court to give the bonds herein men
toned: And provided farther, That where