Newberry, Penn, Powell, Quesenberry, Sinclair, Slemp, Smith, Spitler, Stevens, Tanner, Terry, Ward, Wood, and Wortham-34. On motion of Mr. Quesenberry, it was Ordered, That he inform the House of Delegates thereof, and request, their concurrence therein. Subsequently a message was received from the House of Delegates by Mr. Gray, who informed the Senate that that House had agreed to said report. Mr. Clark, by leave, presented No. 142, A bill to amend and re-enact section 12, chapter 21, Code 1873, in relation to contributing members of volunteer companies of militia; which, on his motion, was read the first and ordered to be read a second time, and referred to the committee on general laws. Mr. Clark, by leave, presented No. 143, A bill to amend and re-enact the 1st section of an act approved January 26, 1876, entitled an act to provide for the regis tration of the voters of the city of Danville; which, on his motion, was read the first and ordered to be read a second time. Mr. Hinton moved to take up, No. 75, Senate bill making an appropriation for the collection, transportation, care and exhibition, and also for the return of articles exhibited at the centennial exhibition at Philadelphia in 1876; and the question on agreeing to the motion being put, was determined in the affirmative-ayes 27; noes 9. On motion of Mr. Greever, the vote was recorded as follows: AYES-Messrs. Allan, Beazley, Bland, Cochran, Critcher, Daniel, Duffield, Eastham, Elliott, Eubank, Herndon, Hinton, Hurt, Johnson, Lathrop, Maddox, Marshall, Penn, Powell, Quesenberry, Sinclair, Slemp, Spitler, Stevens, Tanner, Ward, and Wortham-27. NOES-Messrs. Clark, Claughton, Finney, Greever, Hairston, Lawson, Newberry, Smith, and Wood-9. The question being on the passage of the bill, Mr. Allan demanded the pending question; which was ordered, and being put on the passage of the bill, was determined (for want of a constitutional majority) in the negative-ayes 21; noes 16. The vote was recorded as follows: AYES-Messrs. Allan, Bland, Cochran, Daniel, Elliott, Eubank, Hinton, Hurt, Johnson, Lathrop, Maddox, Penn, Powell, Quesenberry, Sinclair, Smith, Stevens, Tanner, Terry, Ward, and Wortham–21. NOES-Messrs. Beazley, Clark, Claughton, Critcher, Duffield, Eastham, Finney, Greever, Hairston, Herndon, Lawson, Marshall, Newberry, Slemp, Spitler, and Wood-16. No. 124, Senate bill to incorporate the Sutherlin and Milton narrow-gauge railroad company, was taken up, on motion of Mr. Clark, read the third time and passed. On motion of Mr. Clark, the title of the bill was then amended and agreed to in these words: "An act to incorporate the Milton and Sutherlin narrow-gauge railroad company." Ordered, That the clerk inform the House of Delegates of the passage of the bill, and request their concurrence therein. Mr. Daniel offered the following preamble and joint resolutions, which lie over under the rules: Whereas the general assembly of Virginia has been informed that a bill is pending in the congress of the United States which contemplates the establishment of a circuit court of appeals for the fourth circuit, at some convenient place therein; and, whereas in the opinion of this body the city of Richmond possesses many advantages as a suitable point for the location of said court, amongst them a central position geographically, and with respect to the amount and importance of legal business, facility of access by various and convenient routes of travel, and also a large and ample law library belonging to the state, which would be at the service of the judges; therefore, be it 1. Resolved by the general assembly, That the congress of the United States be and it is hereby respectfully petitioned to appoint the city of Richmond as the place for holding the sessions of the circuit court of appeals for the fourth circuit, should the same be instituted. 2. That the senators and representatives of Virginia in congress be requested to exert their influence in that body for the attainment of the objects of this bill. 3. That the governor of the commonwealth be and he is hereby requested to cause a copy of these resolutions to be communicated to each of our senators and representatives in congress, and to ask that they take such steps to present them to their respective bodies as they may see fit. On motion of Mr. Daniel, the rules being suspended therefor, the resolutions were taken up, and on his motion, were referred to the committee for courts of justice. On motion of Mr. Finney, the Senate proceeded to the consid eration of the orders of the day. No. 44, House bill entitled an act to provide a manner in which merchants, manufacturers and others may retain a vendors' lien upon rolling stock and railroad iron sold to internal improvement companies, being the first order of the day, was taken up; and the question being on the passage of the bill, and pending which, On motion of Mr. Penu, the bill was laid on the table. The report of the committee of privileges and elections, in the contested election case of Knight vs. Johnson, being the second order of the day, was taken up; and the question being on agreeing to the resolutions of the committee, which are as follows: Resolved, 1. That William C. Knight is not entitled to a seat in this body. Resolved, 2. That Bradley T. Johnson is entitled to a seat in this body as a senator representing the seventh senatorial district, composed of the city of Richmond and county of Henrico The President laid before the Senate the following communication from Wm. C. Knight: Hon. H. W. THOMAS, SENATE CHAMBER, RICHMOND VA., 10th February, 1876. President of the Senate of Virginia: I have the honor to acknowledge the courtesy of the Senate for the privilege of a seat on the floor during the pending of the case of the contested clection of Knight vs. Johnson, and having no disposition to obtrude my personal views, shall confidently rely on the fair and impartial judgment of the body. Very respectfully, Mr. Hinton offered the following resolution : W. C. KNIGHT. Resolved, That on Wednesday next, at 1 o'clock P. M., the Senate proceed to vote on the resolutions submitted in the reports made in the contested election case of Knight against Johnson. The question being on agreeing to the resolution, Mr. Greever moved to amend the same by adding the words, "unless a vote is sooner attained." The question being on agreeing to the amendment, Mr. Quesenberry made an unsuccessful motion to lay the resolution on the table. The question recurring on the adoption of the amendment, the same was, by general consent, withdrawn by Mr. Greever. The question recurring on the adoption of the resolution, and being put, was determined in the affirmative. Mr. Allan offered the following resolution : Resolved, That in the opinion of the Senate the highest consideration of public policy require that in any case of contested election, any voter may be permitted to testify how he voted at such election, and the admission of such testimony is not contrary to the spirit of the ballot system. Mr. Penn raised the point of order that the resolution was not germain to the subject under consideration, and could not be considered at this time. The Chair sustained the point of order. The question recurring on the adoption of the resolutions reported from the committee of privileges and elections, Mr. Bland offered the following resolution, as a substitute for the said resolutions: Resolved, That in the opinion of the Senate, that neither Bradley T. Johnson nor William C. Knight is entitled to a seat on this floor, and that the election be referred back to the people for their decision. The question being on the adoption of the substitute, and pending which, On motion of Mr. Hinton, the Senate adjourned until to-morrow, twelve o'clock. FRIDAY, FEBRUARY 11, 1876. Prayer by Rev. Dr. Read. A communication from the House of Delegates by their clerk, was read as follows: In House of Delegates, February 10, 1876. The House of Delegates have passed Senate bill entitled an act to incorporate the Aged home association, No. 117. The President laid before the Senate a communication from the president of the state board of immigration, enclosing a resolution of the board requesting the appointment of a superintendent of immigration; which, on motion of Mr. Elliott, was ordered to be printed, and referred to the committee on immigration. Doc. No. 16. Mr. Newberry, from the committee on general laws, reported, asking to be discharged from the further consideration of the bill, and that it be referred to the committee for courts of justice, No. 25, Senate bill entitled an act to amend and re-enact the 68th section of chapter 34 of the Code of 1873, in relation to the deposit of securities to be made by foreign insurance companies as prerequisite to obtaining license, with the amendment proposed by the House of Delegates. And he, from the same committee, reported without amendment, No. 132, Senate bill incorporating the Virginia Christian missionary society. Mr. Critcher, from the committee on roads and internal navigation, reported with amendments, No. 42, Senate bill to prevent obstructions to travel on highways and streets by railroad freight trains. Mr. Clark, from the committee on finance, reported with amendments, No. 4, House bill entitled an act to amend and re-enact sections 24 and 25 of chapter 180, Code of 1873, with reference to the collection of officers' fees. And he, from the same committee, presented a report, declaring it inexpedient to legislate on the subject of a petition of S. Stanley of Henry county, praying for authority to collect certain tax bills, due and uncollected, for the years 1867 and 1870, inclusive. Mr. Allan, by leave, presented No. 144, A bill to amend and re-enact section 1 of chapter 188 of the Code of 1875, in relation to burning of dwelling-houses, &c., and to repeal sections 2 and 3 of said chapter; which, on his motion, was read the first and ordered to be read a second time. Mr. Johnson presented the petition of the city council of Richmond, relative to the surrender of certain state property for the use of the city of Richmond; which, on his motion, was referred to the committee on county, city and town organizations. Mr. Johnson, by leave, presented No. 145, A bill to amend and re-enact section 8, chapter 122, of the Code of 1873, relating to masters and apprentices; which, on his motion, was read the first and ordered to be read a second time, and referred to the committee for courts of justice. Mr. Penn, from the select joint committee on tobacco, presented No. 146, A bill to revise the laws relating to the inspection of tobacco, and to repeal all acts on the subject, which were in force on the 1st day of January, 1876; which was taken up, on motion of Mr. Hurt, read the first and ordered to be read a second time; whereupon, Mr. Hurt moved to lay the bill on the table, and make it the order of the day for Wednesday next. Mr. Hinton moved to amend the motion, so as to make the bill the order of the day for Thursday next; and the question on agreeing to the amendment being put, was determined in the affirmative-ayes 28; noes 9. On motion of Mr. Hinton, the vote was recorded as follows: AYES-Messrs. Allan, Beazley, Bland, Cochran, Critcher, Duf- NOES-Messrs. Clark, Hurt, Lathrop, Newberry, Nunn, Penn, No. 98, Senate bill to incorporate the Farmville manufacturing company, (heretofore reported from the committee on agriculture, mining and manufacturing, with amendments, and with the recommendation that it be referred to the committee for courts of justice for its opinion upon the constitutionality of the 7th section,) was taken up, on motion of Mr. Allan, read the second time and referred to the committee for courts of justice. No. 138, Senate bill to amend an act entitled an act approved February 8, 1875, to amend the 9th section of the act approved March 27, 1874, entitled an act to prescribe the times of holding the terms of the circuit courts of the commonwealth, and to repeal the 15th section of the 155th chapter of the Code of 1873, which authorizes the judges of said courts to fix said terms, was taken up on motion of Mr. Bland, read the second, and ordered to be engrossed and read a third time; and being forthwith engrossed, was, |