Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-01-26
LEGISLATIVE.
The Prohibition Amendment Passes
to Its Third Reading.
An Effort to Except Ohio County from the
law-various Amendments SqusIched,
p Especially the One Relating
to Tobacco.
KELLEY STATUTES IN THE SENATE.


ton No. IL, providing for the appointment
of a special joint committee to view, ex.
anime and report upon the location Of a
second hospital for the insane in the State,
inasmuch as the West Virginia Hospital
for the Insane at Weston is in an over
crowded condition, having $40 patients
within its walls, and only having been in
tended originally to accommodate about
800, andinasmuch as the number Of insane
people is constantly increasing, owing to
the rapid growth of the State.
Mr.. Melvin presented a resolution in
struct the Committee on Judiciary to in
vestigate the propriety of reporting bill,
giving the county courts the discretion of
paying justices OF the peace and constables
where they have necessarily incurred ex-
pense in arrestlng and conveying to place
persons when no conviction is obtained.
Adopted.
Senate bill No. 81 was introduced by Mr..
Price, concerning appeals to the Court OF
Appeals.
MIR. Staliings presented Senate bill No.
62, concerning vacancies in Office, obtained
the suspension of the rules and succeeded
in having the bill passed the same day.
The bill provides that in case of vacancy
in the Congressional representation of any
district. within ten days the Governor
must publish proclamation TO that effect
in some OF the newspapers in the district,
announcing an election TO fill the vacancy,
to take place not before thirty, and not af-
ter seventy-fye days after the proclama
tion.
Senate bill No. 26, empowering notaries,
commissioners and all persons qualified to
take deposition to enforce the attendance
OF witnesses, came up on its second hear
ing and on motion OF Mr.. Stallings was in.
definitely postponed.
Senate bill No. 50, extending the time
from to- years, before merchants ac-
counts are barred, and putting this class
thus on a like footing with other classes,
was ordered to its third reading.
Senate bill No. 80, regarding kelly's
statutes, now came up as special order.
Messrs McGrew and Tyler both withdrew
their pending amendments fixing the ptice
On motion of Mr.. McGrew, the Senate
went into
Committee OF the whole.
The President called upon Mr.. McGrew
to take the chair.
Several amendments OF an inmaterial
nature were accepted on the motions OF
Messrs Dawson and Woodyard.
Mr.. Dawson moved to amend by exclud.
ing the laws of Congress on the subject of
naturalization and other extraneous mat
ters of small moment, leaving within the
bill, however, the State and federal consti-
tutions and the Declaration OF lndepend-
ence.
Mr.. Melvin failed in his effort to save the
naturalization laws.
Mr.. Dawson's amendment was then
adopted.
Mr. Smith, OF Tyler made a motion to
increase the number OF volumes from 900
to ], 500, to be delivered within ninety days
to the Secretary OF State, which was lost.
Mr.. Byrne said that he did not believe
the present bill would pass, and intended
at some future time to offer a substitute
placing the cOdification of the laws in the
hands of the Governor, with certain limita-
tions as TO compensation, etc.
On motion of Mr.. Price $500 was fixed as
the number of volumes to be purchased.
On motion OF Mr. Samples, the commit.
tee resolved to rise and report progress TO
che Senate, asking leave to sit again.
Mr.. Vanmeter introduced Senate bill No.
G3 to amend and re-enact section,l IL OF chap.
ter 62 of the acts OF 1881.
On motion OF Mr.. Dawson, the Senate
tool, recess till o'clock.
AFTERNOON SESSION.
Mr.. Price presented Senate bill No. 81
chapter l39 of the code.
Mr.. Smith, of Tyler, offered bill pro-
viding for the establishment OF private
| roads in the several counties Of the State,
Senate Joint resolution No. 6, regarding
| the adjournment of the Legislature con-.
| ing up as a special order, on motion OF
Mr.. Donehoo was postponed till Thursdiy,
| February /, at o'clock.
| Senate bill No. 5, regarding fences, was
| next in order. The committee to which
| il had been referred second time, report
ed back a substitute, wrich, on motion OF
| Mr. Dawson, was made q special order for
| to-day at II o'clock.
Keiley's statutes Senate bill No. 3)),
| next came up fresh and smiling. De mo-
ton of Mr.. Samples. the Senate went in
Coomittee of the whole, Mr.. McGrew
again taking the chair.
On motion OF Mr.. Samples an amend
ment was adopted authorizing the Secre.
tary of State to sell the book at price
not exceeding 10 per cent advance on the
purchase money.
On motion OF Mr.. Price 160 days were
designated as the limit for the delivery OF
the residue of the works.
| On motion OF Mr., Price $50 was fixed rs
the compensation Of each OF the commits
sioners charged to revise the work when
submitted.
On motion OF Mr.. Price Judge A. T. Hay
mond, Judge X. l.. berkshire and U. ID:
Cooke, Esq, of Wheeling, were designated
| the commissioners.
Mr.. Price moved TO make the the aggre'
gate compensation for the volumes $4,000.
On this motion, the enthusiasm was so
intense that the noes were unanimous.
Mr.. Price then spoke at some lenghth
commenting the bill as il stood amended,
and affirming the competency OF Mr.. Kelly
for the work he had performed.
Mr.. Farnsworth, who was on the floor oi
the Senate, said that he had not been
taking any particular interest in the bill
that was before the Senate, for the reason
that he saw there were others interested in
it and trying to perfect il. That he saw, as
the Senator from Mineral intimated, that
there was q lack OF interest. 1t was very
important for the laws to be codified, and
Just in such a shape that the lawyers at
| least could with some ease find and know
what the laws are. That this was timely
opportunity to have it done. The ques'
ton was TO know what il could be done for
30 as not 10 pay an eItravagant price or DC
penurious in the matter. That he intend
ed to offer an amendment, after action had
been taken on that Of Mr.. Price. Hi
amendment weuld be TO pay three and {
half dollars copy, filling the blank with
$3.50. That there would be no trouble z
find a contractor at that amount II,
hoped il would be the pleasure OF the
Senate to comply with his suggestion.
| Mr.. Price said that there might be
Some MisaPprshensicn
with regard to the character Of work. l
I was not a cumSersome volume like tn
present edition Of Kelly's statutes. Tha
they would have the code Of 1858 repriuteC
with all the laws in force in the State
passed sibcs the publication Of that code
They would have the laws, in just sue'
shape as the people were familiar with, 8
every Justice of the Peace, when his stten
ton is called to section OF the law, cal
have one volume in which to find it. an
that volume provided at Q very small eI
pense to the people Of the State, 1t seem
to me. That Il could not be possible 70
the Legislature to appoi mt any body els
than John F. Kelly, who could do tn
work better than be had done II. Ever.
lawyer in the State, who had had Kelly,
statutes in his hands, know that the codif
cation could not be better performed. Tn