SENATE JOURNAL. WEDNESDAY, DECEMBER 4, 1878. The Senate met at 12 oclock M., and was called to order by WM. D. QUESENBERRY, President pro tempore. Prayer by Rev. T. G. Dashiell, D. D. The roll was called, when the following senators responded to their names: Messrs. T. Edwin Betts, Benjamin F. Bland, C. H. Bliss, James V. Brooke, L. R. Chiles, John W. Daniel, Wyatt M. Elliott, Abram Fulkerson, E. B. Goode, Koiner, William H. F. Lee, John E. Massey, Benjamin H. Moulton. Henry W. Daniel A. Grimsley, Henry H. Hurt, John L. Hurt, Bradley T. Johnston, Absalom Murray, Daniel M. Norton, William C Nunn, John Paul, Archer A. Phlegar, Guy Powell. William D. Quesenberry, Joseph H. Sherrard, Jr., Charles E. Sinclair, Henry C. Slemp, Charles T. Smith, William E. Tanner, J. Hoge Tyler, George W. Ward, Henry C. Wood, Charles E. Wortham-33. A message was received from the House of Delegates by Mr. GRAVES, who informed the Senate that that House was organized and ready to proceed to business. Mr. BLAND moved that the House of Delegates be informed that the Senate is organized and ready to proceed to business. The question being on the adoption of the motion. Mr. DANIEL demanded the pending question, which was ordered, and being put, was determined in the affirmative. Ordered, That Mr. BLAND inform the House of Delegates thereof. were adopted for the government of this body. The rules are as follow: 1. No member shall absent himself from the service of the Senate unless he is sick or unable to attend. 2. When any member is about to speak in debate, or deliver any matter to the Senate, he shall rise from his seat, and without advancing, with due respect, address “Mr. PRESIDENT," confining himself strictly to the point in debate, and avoiding 3. No member shall speak more than twice on the same subject, without leave of all disrespectful language. the Senate; nor more than once until every member choosing spoken. to speak, shall have 4. A question being once determined, must stand as the judgment of the Senate. and cannot, during the same session, be drawn again into debate. No motion to suspend the rule for the purpose of reconsidering a bill which has been lost for want of a constitutional majority, shall be entertained, unless it be made by a senator voting with the minority: provided, however, that when any question is decided in the negative simply for the want of a majority of the whole Senate, any senator who was absent from the city of Richmond, or detained from his seat by sickness at the time of the vote sought to be reconsidered, may move its reconsideration. 5. While the President is reporting or putting any question, or the clerk is reporting a bill or calling the roll, or a senator is addressing the Chair, strict order shall be observed. 6. Every senator present, when any question is put or vote taken, shall vote or be counted as voting on one side or the other; but no senator shall vote on a question in the event of which he is immediately or personally interested. 7. Every question shall be first put in the affirmative, and then in the negative, and the President shall declare whether the yeas or nays have it; which declaration shall stand as the judgment of the Senate, unless a senator call for a division, in which event the President shall divide the Senate. S. A motion for a second reading, and a motion for committing the bill, may be submitted at the same time; but the question upon these motions shall be put separately, if required by any senator. 9. Any senator may call for a division of the question, which shall be divided if it comprehend propositions so distinct in substance that one being taken away, a substantive proposition shall remain for the decision of the Senate; and a motion to strike out being lost, shall preclude neither amendment, nor a motion to insert, nor a motion to strike out and insert. 10. The clerk of the Senate shall not suffer any records or papers to be taken from the table or out of his custody by any person except a chairman of a committee; but he may deliver any bills or papers, directed to be printed, to the printer of the Senate, or to any senator, on taking his receipt for the same. 11. A majority of senators shall be necessary to proceed to business; five may adjourn, and nine may order a call of the Senate, send for absentees, and make any order for their censure or discharge. On a call of the Senate, the doors shall not be closed against any senator until his name shall have been once enrolled. 12. When the Senate adjourns each day every senator shall keep his seat until the President leaves his seat. 13 The Journal of the Senate shall be daily drawn up by the clerk, and after being examined by the President, shall be read the succeeding day; it shall be printed under the supervision of the clerk, and delivered to the senators without delay. 14. If any question be put upon a bill or resolution, the President shall state the same without argument. 15. No question shall be debated until it has been propounded by the President, and then the mover shall have a right to explain his views in preference to any senator. 16. When the President is putting a question, any senator who has not spoken before to the matter, may speak to the question before the negative is put. 17. During any debate, any senator, though he has spoken to the matter, may rise and speak to the orders of the Senate, if they be transgressed, in case the President do not; but if the President stand up at any time, he is first to be heard, and while he is up senators must keep their seats. 18. When a bill or resolution of the House of Delegates is passed or rejected by the Senate, it shall remain under the control of the Senate for the space of two days, and the fact of the passage or rejection, with the bill or resolution, shall then be communicated to the House of Delegates, unless otherwise ordered. 19. All bills or other business originating in the Senate shall be dispatched in the order in which they are introduced, and all bills and resolutions sent from the House of Delegates shall be dispatched in the order in which they are sent, unless in either case the Senate direct otherwise. 20. All bills origirating in the Senate shall be read on three separate days, and in case they be of a general nature, they shall be printed after their first reading, 21. Bills and resolutions originating in the House of Delegates, and not requiring immediate action, shall be read the first and second times when received, and referred to their appropriate committees, unless the Senate direct otherwise. 22. A bill presented by a senator, by leave of the Senate, may be committed before its first reading; but no bill reported from a committee of the Senate shall be recommitted or amended until it has been twice read, nor shall any bill be amended after its third reading, except by the unanimous consent of the Senate. 23. Joint resolutions originating in the Senate shall lie on the table one day at least, unless otherwise ordered. 24. The yeas and nays on any question shall, at the desire of five senators, be entered on the Journal, and any senator may enter a protest on the Journal, upon the determination of any question. After the yeas and nays shall have been taken and before they are counted or entered on the Journal, the clerk shall read over the names of those who voted in the affirmative and of those who voted in the negative, at which time any senator shall have the right to correct any mistake committed in enrolling his name. 25. Upon a motion for the pending question, seconded by a majority of senators present, indicated by a rising, or by a recorded vote, the President shall immediately put the pending question. 26. Upon a motion for the previous question, seconded by a majority of senators present, indicated by rising, or by a recorded vote, the President shall immediately put the question, first upon amendments in the order prescribed in the rules, and then upon the main question. If the previous question be not ordered, debate may continue as if the motion had not been made. 27. When a question is pending, no motion shall be received but to adjourn; pass by; for the pending question; for the previous question; to lie on the table; to postpone indefinitely: to postpone for a specified time or purpose; to commit, or and-which several motions shall have precedence in the order in which they are arranged. 28. If words be spoken in debate that give offence, exceptions thereto shall be taken the same day, and be stated in writing; and in such case, if the words be devided by the President or by the Senate, upon an appeal, to be offensive, and they be not explained or retracted by the senator who uttered them, he shall be subject to such action as the Senate shall deem necessary. 29. At the commencement of each session, the following committees shall be appointed: 1. A committee of privileges and elections, to consist of not less than five nor more than nine senators. II. A committee for courts of justice, to consist of not less than seven nor more than eleven senators. III. A committee on general laws, to consist of not less than five nor more than nine senators. IV. A committee on roads and internal navigation, to consist of not less than five or more than ten senators. V. A committee on finance, to consist of not less than five nor more than eleven Benators. VI. A committee on banks, to consist of not less than three nor more than nine senators. VII A committee on federal relations, to consist of not less than five nor more than eleven senators. VIII. A committee on public institutions of the state, to consist of not less than five nor more than eleven senators. IX. A committee on immigration, to consist of not less than three nor more than ten senators. X. A committee on county, city and town organizations, to consist of not less than five nor more than eleven senators. XI. A committee on agriculture, mining and manufacturing, to consist of not less than five nor more than nine senators. XII. A committee on education, to consist of not less than five nor more than nine senators. XIII. A committee on retrenchment and economy, to consist of five senators. XIV. A committee on fish and go, to consist of nine senators. XV. A committee on eurolled, to consist of not less than five nor more than nine senators. XVI. A committee to examine the clerk's office, to consist of three senators. XVII. Joint committees, each to consist of not less than three nor more than five senators, (except the joint committee on public printing, which shall consist of two senators), viz: On executive expenditures; On the library; To examine the office of the auditor of public accounts; To examine the second auditor's office; To examine the register's office; To examine the treasurer's office: To examine the bonds of public officers; On the public printing. 30. The standing committees shall be appointed by the President, unless the Senate direct otherwise, and the senator first named by the President shall be the chairman, unless the committee direct otherwise. 31. The clerk of the Senate shall appoint a first assistant and a second assistant clerk, and tive committee clerks, not more than one of whom shall be appointed from the same congressional district. One of the committee clerks shall be clerk of the committee on roads and internal navigation; one of the committees on general laws and of federal relations; one of the committee for courts of justice and of finance; one of the committee on public institutions, the committee of privileges and elections, and the committee on banks; one of the committee on county, city, and town organizations, and the committee on immigration. The clerks so appointed shall remain in the capitol during the sessions of the Senate, and shall perform any duties that the other standing committees may require, when not employed by their respective committees, and the clerk of the Senate may also require said clerks, when not employed by the standing committees, to assist in engrossing bills or aid him in the Senate chainber when necessary. The said clerks shall be removable by the clerk of the Senate, or by the committees of which they are clerks. The second assistant clerk shall receive the same compensation as a clerk of a com mittee. 32. The several committees shall, in all cases, report whether other cases comprised within the principal of the matter referred, may arise; and if a bill be ordered, it shall provide for all such cases; and upon any matter referred, the committee shall have power to report by bill. 33. Select committees shall consist of not less than three nor more than nine senators, unless the Senate direct otherwise. 34. The committee of privileges and elections shall examine the oaths taken by each senator, and the certificates of election funished by the proper officer, and report thereon to the Senate. 35. The committee of privileges and election shall report, in all cases of privileges or contested elections, the principles and reasons on which their resolutions are founded. 36. The committee on finance shall, at each session, examine into the indebtedness of the commonwealth, the revenue and expenditures of the preceding year, and prepare an estimate of the expenses of the succeeding year, and make such report thereon as they may deem proper. 37. The committee on general laws shall, at each session, examine into the state and manner of administration of the literary fund, and make such report thereon as they may deem proper. 38. To the committee on general laws shall be referred all resolutions and bills concerning the militia, private claims, propositions and grievances, and other matters of a general nature, not properly referrable to any other standing committee. 39. To the committee on public institutions shall be referred all bills and resolutions concerning the penitentiary, lunatic asylums, the institution for the deaf and dumb and the blind, the armory, and other public property, at the seat of government. And it shall be the duty of the said committee to examine at each session, into the condition of the penitentiary, and make such report thereon as they may deem proper. 40. To the committee on federal relations shall be referred all bills and resolutions touching our relations with the federal government. 41. To the committee on agriculture, mining and manufacturing shall be referred all bills, resolutions, and petitions concerning agriculture, mining, manufacturing, commerce, and mechanic arts. 4. When the yeas and nays are ordered, or a call of the Senate is directed, the Dames of the senators shall be called in alphabetical order, 43. The President may call any senator to the chair, who shall exercise its functions for the time; but no senator, by virtue of such appointment, shall preside for a longer period than three days. 44. The order of business of each day shall be to read the Journal, to dispose of communications from the House of Delegates or the executive, to receive reports from the standing committees, (for which purpose they shall be called over by the derk) to receive reports from the select committees, to receive resolutions and petitions, to act upon the unfinished business of the preceding day; and then take up and act upon the bills and resolutions in the order in which they have been reported or introduced, unless the Senate direct otherwise. 45. Before reading each bill, the clerk shall announce whether it is the first, second, er third time of reading the bill. 45. Any person contesting the election of a senator returned to serve in the Senate, will be entitled to receive his wages only from the day on which such person is dedared duly elected. 4. No senator shall be taken into custody by the sergeant-at-arms on any complaint of breach of privilege until the matter is examined by the committee of privilegs and elections and reported to the Senate, unless by order of the Senate. 4. No petition of a private nature, having been onee rejseted, shall be acted on a second time, unless it be supported by new evidence; nor shall any such petition, after a third disallowance, be again acted on. The several clerks of committees shall keep alphabetical lists of all such petitions, specifying the sessions at which they were presentel, and the determination of the Senate thereon; and shall deliver the original petition to the clerk of the Snate, to be preserved in his office. 49. No petition shall be received, claiming a sum of money or praying the settleDen of unliquidated accounts, m.less it be accompanied with the certificate of disallowance from the executive or auditor, containing the reason why it was rejected. But this order shall ext 1 to no person applying for a pnsion. When any such petition, or bill founded on one, is rejected, such petition stail not be withdrawn; but the petitioner or senator presenting his petition, or aby senator from the county or corporation in which the petitioner resides, may, without leave, withdraw any document filed therewith, and a list of all documents so withdraw shall be preserved by the clerk. All petitions not finally acted on, may, with the accompaning documents, be in like manner withdrawn after the expiration of the session at which they were presented. 51. No petition shall be read in the Senate unless particularly requested by some Stator; but every senator presenting one, shall announce the name of the petitoer, nature of the application, and whether, in his opinion, a similar application habeen before made by said petitioner. He shall also endorse on the back of the Petition his own name as a pledge that it is drawn in respectful language; whereapon it shall be delivered to the clerk, by whom it shall be laid before the proper committee. 52. The committee to examine the clerk's office shall see that all papers belonging thereto are properly filed, labelled, and put away in the presses, and that the books belonging to the office are chronologically arranged, and shall make an annual report thereof to the Senate. 33. The clerks of the Senate and House of Delegates may interchange messages at such time between the hour of adjournment and that of meeting on the following day as that the said messages may be read immediately after the orders of the day. 54. It shall be the duty of the doorkeeper of the Senate to preserve, in chronological or numerical order, a copy of every printed document distributed in the Senate, and to deliver the same, at the close of the session, to the clerk of the Senate, whose duty it shall be to have them bound and preserved in his office for the use of this body. No bill of a private or local character shall be taken up for consideration out of its place on the calendar, unless two-thirds of those voting shall concur in such proposition. 36. Whenever the Senate proceeds to consider any nominations of the governor, which are subject to the choice or ratification of the Senate, the same shall be considered in executive session, with closed doors, and the proceedings thereon shall be secret, unless the injunction of secrecy be removed by a vote of the Senate. |