The times. [volume] (Richmond, Va.) 1890-1903, 1890-02-13
THE GENERAL ASSEMBLY
TIE ELECTRIC gill ADVERSELY
REPORTED AND DEFEATED.

man OF the Committee on Privileges ant
Elections. presented the following'
To the Honorable ). Hcgo Tyler, Prcsidsn
ofthc Senate;
on the 18th Of December last what wa'
STYLED in the Journal Of this Senate 'ih'
Petition and Notice Of j. G. Duane against
Id. Narrcl," was referred 70 the Commit
Tee ON Privileges and Elections. No pcti
ton was In fact presented. but simply no
lice bv }. G.. Duane Of contest 10 the seat IN
the senate held by said laucll from
the Twcnty-scvonth senatorial District
Said notice was dated November 30, lSS9
and was executed on the said larrell ON
tho "a of December 1859. The said matter
Of contest remained pending before your
committee until The lth Of February. loJu
when Ia was considered. The delay IN
taking M and considering the matter was
occasioncd by the counsel for the contest
ant and contcstec not being READY
az different times when meetings
were fixed 20 consider SAID con-
test because Of sickness ana othei
cnrarcments, except on one occa-
sion. n few DAYS since, when q quorum Of
the committee failed 90 meet. The cOntestee
claims that the proceedings should DE dis
missed inasmuch as the notice OF the con-
test was not given within the ten days pre-
ecribcd hy section ll2 II the Code, nor
any tpetiti0n or claim of the con-
testing party presented 20 the senate
within ten days from the meeting OF
that body. as prescribed by section 100
Of said Code. The contestant claims That
no notice Of contest could have been gwen
hy him under section l52, inasmuch as the
n a.. s.....
affor the State Board Of tanNassers had
canyassed the returns from sand district, to
wit. ON the 10Th OF November, 1850, and had
excluded the whole vote Of the county or
sussex. up o. which time the contestant
had an apparent majority Of 2l2 votes. This
claim of the contestant your committee
finds 10 be true. and 10 is also true. as claim
ga by the cOntestoe, that no petition or claim
of contest was presented 90 the senate by
the contestant within the ten days pre-
scribcd by said section $50.
In view OF these facts, and il being ap-
paront that this contest is not waged under
either of said sections. i'm other words, that
il is not a technical contest under the sta
tute. your committee are Of opinion that
they are without power 10 proceed further
in the matter without further instructions
and power granted by the senate itself,
under the provisions Of the Constitution,
.that each House shall judge Of the election
and returns Of Ifs members
That the senate has full authority TO grant
such power there is no doubt. and power
the ~ parfc case made by the contestant,
without your committee expressing any
opinion on the merits. and Of the opinion
that such power should be granted. Re
pectiully submitted.
charles L. Jones (chairman), John X. John
L.. los
son, !. l.. Arthur, j. 4. Lawless,
Adopted.
Mr.. Roberts offered the following.
q. Resolved. That 10 is the sense Of the
Senate that the Committee on Privileges
and Elections proceed with the inyestiga-
ton of the right Of j. c. Duane 10 a seat in
The senate from the Twenty-seyenth Senate
rial district
ON motion of Mr. Jones the consideration
of the resolution was postponed until to-
day.
THE ELECTRIC BILL.
The Committee on General Laws reported
with the recommendation that 1t do not
pass senate bill entitled, "For the proven
ton Of danger from electric currents The
report was adopted.
MR.. STUBS APPEAL.
When the consideration Of the appeal
from the ruling of the Chair, made by Mr..
~ubbs Tuesday. came up, Mr.. Stubbs
moved 90 withdraw his appeal, which was
adopted. after which he asked 10 raise an
other point on the ruling Of the Chair. The
Chair granted the request.
Mr.. Harrison arose 10 point Of order,
holding that the senator had no right to
withdraw his appeal aud make another the
next day. The Chair allowed Mr.. stubbs TO
state his point. which was that II did not re.
pure a constitutional vote 10 pass his bill,
as il was not a bill Of appropriation, but a
bin 10 order the Auditor Of Public Accounts
Ia nav the balance Of the $4,000 20 William
and Mary College already appropriated.
Mr.. Harrison insisted upon his point OF
order. and maintained that the gentleman
from gloucester had no right 70 make an
other appeal from the ruling of the Chair
Mr.. ~tubbs stated that IL was not an APP
peal; he had Withdrawn his appeal; but 10
was simply "a question as 10 the Chairs
ruling. The Chair had ruled that his bill
was lost because constitutional majority
had not voted for il. lie claimed that II did
not require "A constitutional vote, but bare
of the votes cast.
MIR. Jones stated that the senator had
zone as far az he could under the rules of
the senate. lie did not believe he had "a
right 90 withdraw an appeal ana make an
other. or raise point of ruling when he ala
not make any objection 20 the ruling when
ID was made on the day before.
Mr.. Berry stated t1at this bill was an dp-
10 William and Mary. IL is
the function of the courts OF this Common
wealth 10 interpret the laws. Each session
of the General Assembly made its own laws,
and one session could not make the laws for
another. The Senate had no right 20 instruct
the Auditor 10 pay money unless the sum
was appropriated.
After quite a spirited discussion the
motion was finally put and the senate sus-
tanned the ruling of the chair that the bill
required constitutional vote. This action
rejects the bill.
EXCUSED.
ON motion Of Mr.. Moore he was excused
nOm further service in the committee, 20
Examine the Office Of Auditor Of Public Ac-
counts. and the president appointed Mr..
Johnson in his stead.
SPECIAL ORDERS.
Mr.. sands called for the special order
senate bill TO incorporate the Virginia safe
Deposit and Fidelity Company. ON motion
Of Mr.. Harrison the bin WAS passed by.
Mr.. sands moved 10 make Senate bill -
10 regulate the licensing of persons 20 prac-
tce law in Virginia a special order Tor To-
day at o'clock.
Mr.. Harrison was opposed 10 taking mp
the time Of the senate with bill so absurd
in its nature. lie said that II subjected
Young men applying for admission to prae-
lice law % an unnecessarily rigid eNamina-
ton.
Mr.. Sands said that the bin was endorsed
hy the lawyers Of the state, and originated
i'm the Bar Association OF Virginia.
Mr.. Harrison imoyed 70 postpone linden
niiely. Adopted.
Mr. sands called for a recorded vote,
which was taken.
POLITICAL DISABILITIES.
Mr.. Dunn introduced a bin removing the
political disabilities OF General L. X. kosser,
of Charlottesville, caused by his engaein.
in "A duel: and W. X. Duke and II. X.
Niche. The bill. on motion of Mr.. Dunn,
was placed ON the calendar
Mr.. Heaton called for the consideration
Of senate bin 20 incorporate the Pan-Amei-
lean and Navigation Company.
The bill. as amended, was passed. and
the Chair instructed Mr.. Jones 10 cOmmu-
nicate the action Of the senate to the House.
PUBLIC PRINTING.
Mr.. Peasants. from the Committee on