The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-12-11

will have oil the facts before u. ne hopeo
that Mr.. Glasgow would withdraw his mo-
ton. II.
THAT MIR. Glasgow declined to do, believ-
ing that the committee should consider this
communication.
Mr. Mccormick moved that the subject
be passed by. ,.,
Mr.. Bailey tthe leader OF the Coalition,
ists In the Senate) called for the ayes ana
noes. Ordered. The vote resulted:
Noys.-Messrs. Bailey. Barnes, Berry. Bliss, Col
franc, Digs. Fletcher, Gaines, glasgow ur ln,'
uabsrd' kotner Lovenstcin, Lybrook, Mcdonald
Newberry. Norton; Rogers, Trout, Webb WICK
ham and WingBeld-22. x..
AYES sicssrs. Atkinson, rdmonds, Flanary,
ueaion. Mccormick, Meredith, Thurman, ivy
man, and Warwick-9.
So the motion was defeated.
The communication was then referred 10
the Committee on Privileges and Electons'
SENATORIAL VACANCIES.
Mr.. Thurman. from the Committee on
Privileges and Elections, submitted re-
port responsive to the resolution adopted
on motion OF Mr.. IIeaton.
The committee reported that they find vacancies
I'm tine 1weniy-Gfih. Twenty -seyenth. Thirty hrst,
and Thirty third districts. The committee also
said In their report that. having Inquired INTO We
whole subject ey report as 70 me iwelitN,n,,'
That =. Il. Jones was the senator-elect Tor the PFC
sent term: that rs such he WAS sworn IN ana served
during The last ses ION OF the nenerl' A ssed'
post Of profit under ,hc United STATES Gostrh-
inent-that Of post master Of the town OF Boynton-
and that be has held the same. receiving thc
emoluments thereof, sInce the - day or -
1852. -
cancy occurred rs fOllows-yi2.: That ". y.
stevens w:.- the scnatorelect for the pTt sent TERM
having been sworn IN rs SUCH and served during
the las, session, and who soon after rs adjourn,
ineut accepted u post of profit under INC Inltch
states Government IN connection with the rem
sion department. and that he held such posi- ana
received the emoluments thereof from me COO
day of -, 1857, 10 The -- DAY OF - lco''
That as 10 ihe Thirt, first district. the vacancy
occurred rs folows-viz.: That O. n. Martin was
the senator elect for the present Term. naVlng
been sworn In NJ such and served during the llst
session. having during said seiNlce bccn eIectcd ny
tho General Assembly Railroad Comm 'ssioner. a
sa,aried Office under The STATE WHICH ohlce TIC "c-
cepted, and has held ever since.
That as 20 the Thrtv-lhird district the vacancy
occurred as folOws-viz.: VI. y. Rue was the SEN
atOr-rlect for the present term. having Drcn
sworn in sueh he served during the llst session
IF the General Assembly. and shortly aitcr us al
jOurnInent he accepted a post OF lroht uiluef INC
limited siates Government, That of postmaster OF
Norfolk city. and has held Tie same. receiving the
cmolumcnts thereof. from Tic --, day OF =,
49,. until the - day of -. 1888. 4 short
time before the assembling Of this body.
Your committee are Of opinion Tint under the
Constitution and laws of this Common wealth no
person is capable of holding the post OF senator
who holds any posi- of profit trust. or emolumenl.
civil or military lcgi laive, executive or luicEil'
under the Government of the Inited SGlfsi or
who receives in any way from the United states
any emOlumcnt whatever, and that holding oi Inc
latter OF receiving such emolumcnt instantly ope-
rates iDsO fdctO to yacate the fOrmer-lhe post Oh
senator.
Your committee are furthermore Of opinion that
no person holding silared Office under The state
government Is capable of being elected u ineinDer
til. l..tgu y.
In the true spirit and Intent OF the law tlit no
senator. without v5caiing his seat in that BODY can
accept and hold an Office incompatlbe WIN elcc-
tion to this body. They regard the ONCE OF kall-
road Commissioner q s;llarled olhccr undcr Tue
State government. The officer having been elected
by the General Assembly. and the pay helng pro-
law on the railroad companies OF ne common
wealth, with authority to him TO collect II, they
therefore report the seat Of e.. A. Martin 10 have
been vacated ipSO fdctO on his becoming Railroad
Commissioners.
Your committee are further Of opinion Chat IL Is
Tie prerOeative Of the Governor. when vacancies
the recess If the General Assembly, to issue WritS
of election 10 have the same filled; ana theY are
M % Of opinion that when such vacancies occur IN
some other way than by death or re- ign1ton Of The
inct mbcn during e recess. That Is the preroEa-
tive of the Senate and OF the senate alone to con-
slider and adopt such measures as IN their WISDOM
NAV De required for having such vacancies law
fully filed 10 the end that tie people in all paris OF
Ibis Commonwealth may have equal and fair par
the adoption OF the Following res0ll-
ton.
,yrits for the election on the - dty Of -, 1854
Of senators respectively in the Twcnty-iith se1a-
tOrial district. composed Of tho counties al Chnf-
otte and Necklcnpurg; In the twenty se'cnth'
of the counties If Dinwidde, Greens
VILE and Sussex; in the ThTty-iir {. composed of
Norfolk city ana the county of Princes Anne;
md I'm the Tlirty-thrd. CONFUSED Of the city OF
ana the county OF Norfolk.
NfufA nj
The report be recommitted. Agreed 10
the idea being that the Governors message
should be considered in connection with it.
RESIGNATION OF A JUDGE.
4 communication from the Governor
was received transmitting the resignation
81 Hon. j. II. Sherrard, Judge OF Frederick
county and Winchester city.
Laid on the table.
GREENsvILLE SENATOR.
The Clerk read a communication from
The Secretary OF the Commonwealth trans
hitting certificate OF the election OF
George p Barham as senator in place OF
W. y. Stevens (colored), resigned. (Che
vote was: Barham, 1885; Epps. rs;
Finegan, 80; Grigg, 90; scattering, 42.]
Mr.. Glasgow moved that the certificate
be referred to the Committee OH Privileges
and Elections.
Mr.. HUBBARD contended that the gentle
man was, prime .fdcje. entitled to be sworn
in. and he mace that motion.
Mr.. Glasgow argued that that was not
The case. The legality of the writ issued
for this election was a question now under
Mr.. HUBBARD claimed that the case was
the same as Mr.. Hurts.
Mr.. Meredith asked ii it was not upon
his own tMr. IIubard'S) motion that this
matter was rccommitted to the Committee
Oh Privileges and Elections.
Mr.. HUBBARD said yes. Because he
thought the action OF the committee was
and revolutionary. ~ for
the primd-fdcie ease. Mr.. Barham's certiti-
cate was identically the same as Mr.. Hurts,
and il was that only that he asked TO be
Of now.
Mr.. Glasgow maintained that the two
caSes-the two elections were just as dis
similar as they could be.
Mr. Bailey seconded Mr.. IIubard's
views. cOntending that the admission Of
this senator could not affect the question
pending before the committee.
Mr.. Berry said Did the Executive have
the right to issue the writ OF election at the
time he did issue it? That is the whole
question, and until il is settled no man can
claim the seat. lie thought ii one of the
clearest things in the world that the Gov
ern0r bad no right TO Issue that writ.
Mr.. Thurman supported the motion OF
Mr.. Glasgow.
He said: The question involved is. as
was said by the Senator from Amherst, n
much narrower one than would appear by
the range taken by tue debate. 1t is claim
ed that the certificate Of election gives to
the holder the primd- focie right TO the seat.
That is true. At the commencement OF
session il any member has an improper
certificate and there il no organized body
TO consider it, he must be sworn in and his
right examined into afterwards. But after