The times. [volume] (Richmond, Va.) 1890-1903, 1894-02-02
IN THE STATE SENATE.
PRoyrDfyG FOR A NEW c0SsTIru.
TON FOR yIRGIsiA.
West Virginia TO be Asked to Pay Her
Share Of the Old Debt-' Lively ID bate
Over Circuit court Charter fess.

Inc senate was tA"'r - HpOn
by ACKNOWLEDGEMENTS Kent, and Rev.
]. s. Din offered prayer.
The session was quiet but important
one in several respects. an interesting
discussion took place between Senator's
Mushbach and Walton on one Side and
Senators Jones and Little on the other,
over a motion to pass by the Dill felat-
ing to the fees paid for Circuit Court
charters reported from the Committee
for Courts Of Justice. with the recommen-
dalton that it do not pass.
The title on said bill is TO amend and
rc-cnact section 57i Of the CODE OF Fir-
cinla. in relation to when suits may be
brought. and the bill provides that where
suits are brought for the ic.oNeiy of
charter fees paid to the Circuit Courts
of the state, no PROCEEDINGS as",i'1 'he
stote mr. any Of IT'S officers looking 10
such recovery by bill or olH't " sHau
be entertained by any court u '"0 Oo'''-
mOnwealth. -, a., go.
As developed in the discussion m .hp sum
% Ses ono 10 lvins, in the State Treasury
Courts. most Of them under protest ana
the Supreme Court OF Virginia mas de-
cided in several cases that sald ices We're
enormously collected. and in said suits
the parties recovered the an'ouH'' ol
the fees.
Senator Mushbach took the ground that
under these decisions of the Supreme
Court the State has no right TO tne mon
a.. ard ti,at {, should he returned TO the
parties who paid it,
Senator Walton took the same me ol
argument and maintained that ne was
not in favor Of the state keeping money
to which it was not legitimately ehti'ied'
Senator Jones held that IL was always
the purpose and intent Of the law 10 TAX
Circuit Court charters along win Others
and that because one or two men Bot
back this money was no reason why an
should get it back. lie denied that the
State held money from TINS source 10
which il was not entitled, ana staten thdI
the reason for not passing the Dill i'll
question was that another bill covering
the case, House bill No. IS, mad ALREADY
been passed
This bill describes the cause Of the oX-
emption of Circuit Court charters from
taxation as being an inadvertant omission
Of certain words i'm the amending statute
and in explaining this point Senator Lit
tie claimed that the moral obligation was
on the State 10 inhibit the further pay
ment out Of the Treasury Of this money
and on the men who paid II not 10 de-
mand IL. Senator Berry then advocated
the passing by of the bill for further con-
sheraton and it was so ordered.
The w,st yirlinia Debi.
Senator Wickham offered joint reso-
luton TO provide for the settlement win
West Virginia Of her portion Of the deot
Of the undivided State Of Virginia, when
was referred to the Committee on FL
nance.
lie spoke TO the resolution and stated
that the conditions were now all favora-
bic 60 a satisfactory settlement Oh ms
much-vexed question.
The resolution gives a synopsis OF All
the acts in connection with this matter,
providing for the issuance to creditors of
the original state of Virginia who should
accept the new bonds provided for by
said acts. certificates for such proper
ton OF the obligation surrendered by
them as was deemed proper to be borne
by the State Of West Virginia, to-wit, one
third,the amount Of said obligations, OF
which certificates. this State holds
large amount through the agency Of the
commissioners OF its Sinking Fund and
Literary Fund.
The resolution provides for the creation
Of commission of five. to consist Of the
chairman Of the Committee on Finance
and Banks of the Senate, the chairman
Of the Committee on Finance Of the
House Of Delegates, one delegate each
from the Senate and House, and the re-
naming one to be appointed by the Gov
ernOr
The committee IS authorized 10 neso-
tiate with the State of West Virginia,
and If no settlement can be arrived at by
amicable negotiations. TO bring suit in
the Supreme Court of the United states
10 recover the proportion Of the public
debt Of the original State OF Nirgina
proper TO be borne by the state OF West
Virginia. No settlement shall be finally
concluded except with the approval of a
majority in value Of the holders Of the
bonds above referred TO, and the money
or securities which West Virginia shan
provide 20 pay the debt shall be divided
among the holders OF the certificates IN
proportion as their interest may appear.
Senator Harrison offered the following
ItSDlullUlls WHICH wac AlA"N"+ 49,
Resolved. That the Auditor Of Public
Accounts be requested 10 inform the Sem
ate By what authority the Board of Agri-
culture has been allowed to draw and
disburse the revenue derived from the
tax on fertilizers in addition 10 the sum
Of $4,000 appropriated by chapter 49,
Acts lS87-SS
introduced and Referred
Bv Senator Parrish: To give J. p. Gil
liam. treasurer Of Chesterfield county,
power OF levy and distress to collect GER
tain uncollected tax tickets In his hands.
BY Senator Green: To authorize the
council Of the town OF Pulaski to issue
bonds.
nv Senator Parrish To give II. y.
Turner. treasurer Of Goochland county
mower of levy and distress to collect GER
tain uncoliected tax tickets in his hands.
Nv Senator Walton: In relation TO the
sale OF certain church property belonging
10 the Reformed church in Woodstock,
Shenandoah county
Bv Senator Manly II. Barnes by re-
quesD: To submit 10 the qualified voters
OF the magisterial districts Pa uoson and
Grafton, I'm the county Of York. the ques-
ton OF lawful fence In said districts.
BY Senator Thomas II. Barnes: TO in
corporate the Buckroe Phoebus and New
port News Railroad Comnany.
BY Senator LeCato: Petition Of citizens
of Crinootergue Island. IN Accomac coun-
~, praying for relief from provisions Of
cortain oyster legislation.
BY Senator Herbert: Joint resolution
directing the Committee on Roads to in
vestigate the matter Of whether certain
railroads have not Disseminated against
the city Of Norfolk. The House committee
already has the same resolution before it.
BY Senator Barnes: Prescribing the
times for holding the courts OF the First
judicial circuit.