court of appeals; 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. Allan presented the petition of James D. Brady, in the matter of his contest of the election of John H. Gayle, as senator for the eleventh senatorial district, composed of the county of Norfolk and city of Portsmouth; which, on his motion, was referred, together with the depositions taken in that behalf, to the committee of privileges and elections.

On motion of Mr. Spitler,

Resolved, That the auditor of public accounts, the second auditor and treasurer, be requested to furnish the Senate with a list of clerks in their respective offices, and the salary that each receives.

On motion of Mr. Finney, the committee on county, city and town organization was enlarged by the addition of one member, and the President appointed Mr. Hurt as the additional member. On motion of Mr. Marshall, the Senate adjourned until to-morrow, twelve o'clock.

WEDNESDAY, DECEMBER 8, 1875.

Prayer by Rev. Dr. Woodbridge.

The President laid before the Senate communications from the treasurer of the commonwealth, auditor of public accounts, and second auditor, in response to a resolution of the Senate, calling for a list of the clerks in their offices, and their salaries; which were, on motion of Mr. Spitler, laid on the table and ordered to be printed. Doc. No. 3.

Mr. Duffield, by leave, presented

No. 16, A bill to amend, and re-enact section 1 of chapter 56 of the Code of 1873, in relation to corporations generally; which, on his motions, was read the first and ordered to be read a second time, and referred to the committee for courts of justice.

On motion of Mr. Smith,

Resolved, That the committee on public institutions be instructed to investigate and report how many convicts can be spared from the state penitentiary, to aid in the completion of the James river and Kanawha canal to Clifton Forge; the report to show the number of ordinary laborers and mechanics, leaving as many of the latter, and other classes of convicts in said institution, as will best protect the interest of the commonwealth.

Mr. Herndon offered the following joint resolution :

Joint resolution, agreeing to amendments to the constitution of Virginia, in reference to the elective franchise and qualifications for office; and concerning the legislative department; which was on

his motion, read the first and ordered to be read a second time; and was on motion of Mr. Penn, referred to the committee for courts of justice.

Mr. Johnson, by leave, presented

No. 17, A bill to provide for the redemption of tax-receivable coupons from the bonds of the commonwealth; which was on his motions, read the first and ordered to be read a second time, and referred to the committee on finance.

Mr. Daniel presented the petition of P. H. Starke, contesting the seat of William E. Tanner in the Senate of Virginia, for the district composed of the city of Richmond and county of Henrico; which was on his motion, referred, with the depositions in that behalf, to the committee of privileges and elections.

On motion of Mr. Johnson,

Resolved, That the committee for courts of justice be instructed to enquire into the expediency of extending the provisions of section 24, chapter 197 of the Code, to persons convicted of felony, so as to require such persons to be sentenced to hard labor on county roads or other public works, instead of confinement in the penitentiary.

On motion of Mr. Marshall,

Resolved, That the auditor of public accounts be and he is hereby requested to furnish a statement to the Senate of the aggregate amounts paid during the period of twelve months, up to June 30th, 1875, as jailors' fees, to the jailors of the cities of Richmond, Petersburg, Norfolk, Portsmouth, Lynchburg and Danville.

A message was received from the House of Delegates by Mr. Taliaferro, who informed the Senate that that House had agreed to the following joint resolution:

Resolved, That the joint resolution in relation to the election of certain officers, fixed for this day, at 1 o'clock P. M., be rescinded; and that, with the concurrence of the Senate, the general assembly will proceed forthwith to the election of said officers.

The joint resolution was taken up, and the question on agreeing thereto being put, was determined in the affirmative.

Ordered, That Mr. Smith inform the House of Delegates thereof. A message was received from the House of Delegates by Mr. Dooley, who informed the Senate that that House was ready on its part to proceed to the election of the secretary of the commonwealth, and that James McDonald was the only person in nomination for that office.

On motion of Mr. Terry, it was

Ordered, That he inform the House of Delegates that no additional nomination for that office has been made in the Senate. The roll was then called, with the following result:

For James McDonald,

38

The senators who voted for Mr. McDonald are-Messrs. Beazley, Bland, Clark, Claughton, Cochran, Critcher, Daniel, Dawson,

Dickenson, Duffield, Eastham, Elliott, Eubank, Gayle, Greever, Grimsley, Hairston, Herndon, Hinton, Hurt, Johnson, Lathrop, Lawson, Maddox, Moffett, Newberry, Nunn, Powell, Quesenberry, Sinclair, Slemp, Smith, Spitler, Tanner, Terry, Ward, Wood, and Wortham-38.

The President appointed Messrs. Tanner and Ward a committee on the part of the Senate, to meet a similar committee on the part of the House, and count the joint vote; who, through their chairman, Mr. Tanner, reported:

Whole number of votes cast,
Necessary to a choice,

Of which James McDonald received

156

79

156

James McDonald having received all the votes cast, was declared duly elected secretary of the commonwealth for the term of two years, commencing on the 2d day of January, 1876.

A message was received from the House of Delegates by Mr. Coghill, who informed the Senate that that House was ready on its part to proceed to the election of auditor of public accounts, and that William F. Taylon was the only person in nomination for that office.

On motion of Mr. Elliott, it was

Ordered, That he inform the House of Delegates that no additional nomination for that office had been made in the Senate. The roll was then called, with the following result:

For William F. Taylor,

36

The senators who voted for Mr. Taylor are-Messrs. Beazley, Bland, Clark, Claughton, Cochran, Critcher, Daniel, Dawson, Dickenson, Duffield, Eastham, Elliott, Eubank, Gayle, Greever, Grimsley, Herndon, Hinton, Hurt, Johnson, Lathrop, Lawson, Maddox, Moffett, Newberry, Nunn, Powell, Quesenberry, Sinclair, Slemp, Smith, Spitler, Tanner, Ward, Wood, and Wortham-36.

The President appointed Messrs. Wortham and Clark a committee on the part of the Senate, to meet a similar committee on the part of the House, and count the joint vote; who, their chairman, Mr. Wortham, reported:

William F. Taylor having received all the votes cast, was declared duly elected auditor of public accounts for the term of two years, commencing on the 2d day of January, 1876.

A message was received from the House of Delegates by Mr. Matthew, who informed the Senate that that House was ready on its part to proceed to the election of second auditor, and that Asa Rogers was the only person in nomination in that House for that office.

On motion of Mr. Claughton, it was

Ordered, That he inform the House of Delegates that no additional nomination had been made in the Senate for that office. The roll was then called with the following result:

For Asa Rogers,

38

The senators who voted for Mr. Rogers are-Messrs. Beazley, Bland, Clark, Claughton, Cochran, Critcher, Daniel, Dawson, Dickenson, Duffield, Eastham, Elliott, Eubank, Gayle, Greever, Grimsley, Hairston, Herndon, Hinton, Hurt, Johnson, Lathrop, Lawson, Maddox, Marshall, Moffett, Newberry, Nunn, Powell, Quesenberry, Sinclair, Slemp, Spitler, Tanner, Terry, Ward, Wood, and Wortham-38.

The President appointed Messrs. Sinclair and Marshall a committee on the part of the Senate, to meet a similar committee on the part of the House, and count the joint vote; who, through their chairman, Mr. Sinclair, reported:

Whole number of votes cast,
Necessary to a choice,

Of which Asa Rogers received

149

75

149

Asa Rogers having received all the votes cast, was declared duly elected second auditor for the term of two years, commencing on the 24 day of January, 1876.

A message was received from the House of Delegates by Mr. Taliaferro of Gloucester, who informed the Senate that that House was ready on its part to proceed to the election of treasurer, and that R. M. T. Hunter was the only person in nomination in that House for that office.

On motion of Mr. Critcher, it was

Ordered, That he inform the House of Delegates that no additional nomination for the office of treasurer had been made in the Senate.

The roll was then called, with the following result:

36

For R. M. T. Hunter, The senators who voted for Mr. Hunter are-Messrs. Beazley, Bland, Claughton, Cochran, Critcher, Daniel, Dawson, Dickenson, Duffield, Eastham, Elliott, Eubank, Gayle, Greever, Grimsley, Hairston, Herndon, Hinton, Hurt, Johnson, Lawson, Marshall, Moffett, Newberry, Nunn, Powell, Quesenberry, Sinclair, Slemp, Smith, Spitler, Tanner, Terry, Ward, Wood, and Wortham-36. The President appointed Messrs. Nunn and Bland a committee on the part of the Senate, to meet a similar committee on the part of the House, and count the joint vote; who, through their chairman, Mr. Nunn, reported:

R. M. T. Hunter having received a majority of all the votes cast, was declared duly elected treasurer for the term of two years, commencing on the 2d day of January, 1876.

A message was received from the House of Delegates by Mr. Gilman, who informed the Senate that that House was ready on its part to proceed to the election of superintendent of public printing, and that R. F. Walker was the only person in nomination in that House for that office.

On motion of Mr. Hurt, it was

Ordered, That he inform the House of Delegates that no additional nomination for the office of superintendent of public printing had been made in the Senate.

The roll was then called, with the following result:

For R. F. Walker,

33

The senators who voted for Mr. Walker are-Messrs. Allan, Beazley, Bland, Claughton, Cochran, Critcher, Daniel, Dawson, Dickenson, Duffield, Eastham, Elliott, Gayle, Greever, Hairston, Herndon, Hinton, Hurt, Johnson, Lawson, Moffett, Newberry, Powell, Quesenberry, Sinclair, Slemp, Smith, Spitler, Stevens, Tanner, Terry, Ward, and Wood-33.

The President appointed Messrs. Gayle and Spitler a committee on the part of the Senate, to meet a similar committee on the part of the House, and count the joint vote; who, through their chairman, Mr. Gayle, reported:

Whole number of votes cast,

Necessary to a choice,

Of which R. F. Walker received

148

75

148

R. F. Walker having received all the votes cast, was declared duly elected superintendent of public printing for the term of two years, commencing on the 2d day of January, 1876.

A message was received from the House of Delegates by Mr. Popham, who informed the Senate that that House was ready on its part to proceed to the election of superintendent of the penitentiary, and that George F. Strother was the only person in nomination in that House for that office.

On motion of Mr. Dickenson, it was

Ordered, That he inform the House of Delegates that no additional nominations had been made in the Senate for that office. The roll was then called with the following result:

For George F. Strother,

32

The senators who voted for Mr. Strother are-Messrs. Beazley, Claughton, Cochran, Critcher, Daniel, Dawson, Dickenson, Duffield, Eastham, Elliott, Eubank, Gayle, Greever, Hairston, Herndon, Hinton, Hurt, Johnson, Lawson, Marshall, Moffett, Newberry, Quesenberry, Sinclair, Slemp, Smith, Spitler, Stevens, Tanner, Ward, Wood, and Wortham-32.