Gray, Green, Gregory, Griffith, Gunn, Harrison, Heermans, Hoffman, Hoge, Howle, Hunley, Jennings, Jordan, Kelley, Lacy, Latane, H. E. Lee, R. E. Lee, Jr., J. M. Lewis, H. C. Lowry, M. K. Lowry, Lyell, Mays, McNeil, Moncure, Moss, Ould, Owen, Owens, Pannill, Person, Phillips, Powell, Powers, Read, Rew, Rosenegk, Robson, Rogers, Royall, Sayers, Scott, Blackburn Smith, Spessard, Stearnes, Sterrett, Stewart, Stubbs, Sydnor, Thomason, Thomson, Thornhill, Turpin, Walker, Wallace, Watson, Weaver, Willeroy, and Wood81.

The SPEAKER appointed Messrs. LATANE, WILLEROY and HOFFMAN the committee on the part of the House to count and report the joint vote.

The committee subsequently reported as follows:

For Judge of the Fourth Judicial Circuit

Walter A. Watson having received all the votes cast, was declared by the SPEAKER duly elected judge of the Fourth Judicial Circuit for the term prescribed by law.

The following were presented and referred under Rule 37:

To the Committee on Agriculture and Mining:

By Mr. CHURCHMAN: A bill to amend and re-enact an act entitled an act to amend and re-enact an act entitled an act to create and maintain a State board of crop pest commissioners, and to define its duties and powers, approved March 5, 1900, approved May 9, 1903.

To the Joint Committee on Special, Private and Local Legislation: By Mr. EVERETT: A bill to authorize and empower the board of supervisors of Nelson county to appropriate and contribute money for the purpose of aiding in the erection of a monument to the Confederate soldiers of said county.

By Mr. HOWLE: A bill to allow David Lowe to erect a wharf and marine railway on Pagan river, county of Isle of Wight, Virginia.

To the Committee on Counties, Cities and Towns:

By Mr. CATON: A bill to authorize the collection of birds and eggs for scientific purposes.

By Mr. GARRETT: A bill to authorize the boards of supervisors of the counties to contribute such amounts as they shall deem proper towards the erection of Confederate monuments in the court-house squares at the county seats of their counties.

To the Committee on Finance:

By Mr. HEERMANS: A bill to appropriate the sum of $200,000 to provide buildings, equipments and improvements for the Virginia Polytechnic Institute.

To the Committee on the Chesapeake and its Tributaries:

By Mr. JORDAN: A bill to prohibit the taking of oysters in the Potomac river with dredges or implements other than ordinary oyster tongs for a period of two years, beginning on the

day of

1904, provided that the State of Maryland shall enact a law to the same effect.

To the Commimttee for Courts of Justice:

By Mr. RYAN: A bill to amend and re-enact an act entitled an act to amend and re-enact section 923 of the Code of Virginia, as amended and re-enacted by an act approved February 16, 1892, by an act approved March 3, 1898, approved December 10, 1903, so as to allow notaries public to qualify before clerks of courts.

To the Committee on General Laws:

By Mr. GREGORY: A bill to prohibit the enticing away, hiring or having in employment laborers of another during their contract term of service, and to. provide public punishment, and the recovery of private damage therefor.

By Mr. OULD: A bill to enforce contracts between laborer and employer, and to make it a misdemeanor for a laborer to leave employer until the conditions of the contract have been performed, and to provide a penalty therefor.

By Mr. CATON: A bill to amend and re-enact section 1 of the act entitled "an act to define the powers and limitations of building and loan associations," approved March 1, 1894.

The morning hour having expired, the House proceeded to the business on the calendar.

No. 45, House bill to amend and re-enact section 43 of an act entitled "an act to raise revenue for the support of the government and the public free schools, and to pay the interest on the public debt, and to provide a special tax for pensions as authorized by section 189 of the Constitution," approved April 16, 1903, was read at length at first time, and ordered to be printed.

No. 3, House bill to appropriate certain sums of money from the public treasury in aid of Confederate memorial associations having in charge cemeteries containing the graves of Confederate soldiers.

Came up.

The amendments proposed by the Senate were agreed to-yeas, 57; nays, 4.

The vote required by the Constitution, the amendment making this an emergency act, was recorded as follows:

YEAS-Messrs. Adams, Baker, Barnes, Bird, Bruce, Cardwell, Caton, Coleman, Cox, Dickinson, Edmondson, Everett, Garrett, Harrison, Hoffman, Howle, Hunley, Jennings, Lacy, Lambeth, Latane, R. E. Lee, Jr., J. M. Lewis, H. C. Lowry, M. K. Lowry, Lyell, Mays, Moncure, Moss, Ould, Owens, Parker, Person, Read, Rew, Rosenegk, Robson, Rogers, Royall, Sayers, Scott, Slaughter, Blackburn Smith, Stearnes, Stewart, Stubbs, Sydnor, Thomason, Thomson, Thornhill, Turpin, Walker, Wallace, Watson, Willeroy and Wood-57.

NAYS-Messrs. Bowman, Churchman, Gray, and Powell-4.

Mr. JENNINGS moved to reconsider the vote by which the amendment was agreed to, which was rejected.

All other business having been suspended, the SPEAKER, in the presence of the House, signed the following bills which had been passed by both houses and duly enrolled, the titles of said bills having been publicly read:

No. 48, Senate bill to amend and re-enact section 3055 of the Code of Virginia, as amended by an act approved December 12,

1903.

No. 25, Senate bill to provide for the correction of errors in judgments and proceedings in cases pending or decided in the county courts on or prior to February 1, 1904, for the deposition of such cases where further proceedings are necessary.

No. 45, Senate bill to allow notaries public for this State under the age of twenty-one years to sue for fees due them as notaries.

No. 6, House bill to provide for the establishment, proper construction and permanent improvement of the public roads and land⚫ings, for building and keeping in good order and repair of all public roads, bridges, causeways and wharves in the State of Virginia.

Came up.

On motions severally made by Messrs. BoWMAN, LATANE, Boaz, WOOD and RYAN, the bill was severally amended.

The bill having been printed, and having been read at length a second time, was ordered to be engrossed.

Mr. EDMONDSON moved to reconsider the vote by which the bill was ordered to be engrossed, which was rejected.

On motion of Mr. CATON, the House adjourned.

THURSDAY, FEBRUARY 4, 1904.

Prayer by Rev. G. H. THOMPSON, member from Floyd.

On motion of Mr. JENNINGS, the reading of the Journal was dispensed with.

A communication from the Senate, by their Clerk, was read as follows:

In Senate, February 3, 1904.

The Senate has passed House bills entitled an act to legalize an election held in the corporation of Chase City, Mecklenburg county, Virginia, on the 9th day of June, 1903, for the purpose of issuing bonds in the town for macadamizing streets and other town improvements and indebtedness, No. 9; an act to authorize the board of Handley trustees to invest the money received by them in the purchase of debts which may be secured by lien on property in which the Handley fund may be in whole or in part invested, or to purchase the property itself which it may be desirable that the Handley trustees should own for the purposes of their trust; to receive from the Handley executors the corpus of the residuum of said estate; to pay all expenses necessarily incident to the duties imposed upon said board by the act approved February 7, 1896, entitled "an act to enable the city of Winchester to accept the bequest of John Handley, deceased, to validate the same and to provide for the administration thereof," to construe said act as to the corporate powers given, and validate all acts of said board not done in accordance with the construction of said act herein given and give said board a corporate name, No. 44.

In which they request the concurrence of the House of Delegates.

The following Senate bills, having been considered by the committee in session, were reported from the Committee for Courts of Justice:

No. 1, Senate bill to prescribe the duties of the judges of circuit and corporation courts, and to fix the compensation of attorneys for the Commonwealth relative to violations of the law prohibiting the sale of adulterated and misbranded foods.

No. 51, Senate bill to make valid any disposition of property in perpetuity for the maintenance or care of cemeteries, cemetery lots, monuments, and other erections, and authorizing cemetery companies or trustees holding title to cemeteries or burial grounds to take and hold any property according to the terms of the grant, bequest, devise or gift.

No. 24, Senate bill to provide for the protection of the books and other property in the State Law Library, and to punish any person

who shall wilfully remove the same therefrom, or who shall fail to return the same after receiving notice from the librarian.

Having been considered by the committee in session, was reported from the Committee on Library.

No. 46, House bill to provide for the collection of all muster-rolls, records and other materials, showing the names, number and character of the officers and soldiers furnished by Virginia to the army and navy of the Confederate States of America; and to provide for the appointment and compensation of a secretary of Virginia military records and for the other expenses incidental to the work to be performed, and to appropriate the sum of $3,000 therefor.

Having been considered by the committee in session, was reported from the Committee on Finance.

The following House bills, having been considered by the committee in session, were reported from the Committee on Schools and Colleges:

No. 47, House bill to repeal an act entitled an act to amend and re-enact section 3828 of the Code of Virginia, in relation to the sale of intoxicating liquors to minors or certain students, approved February 5, 1896, as amended by an act approved March 3, 1898, and to regulate the sale, barter, giving or furnishing of spirituous or intoxicating or malt liquors to such minors and students.

No. 48, House bill to authorize Brookland school district of Henrico county to borrow $5,000, and issue bonds therefor to be used for paying for a school-house at Dumbarton, in said county.

The following House bills, having been considered by the committee in session, were reported from the Committee on Counties, Cities and Towns:

No. 49, House bill to authorize the board of supervisors of the several counties of this State to provide for and pay out of the county funds for the treatment of persons bitten, or suspected to have been bitten, by any animal afflicted with rabies, or of persons threatened or afflicted with hydrophobia, and to provide for reimbursement for such treatment by the person treated, or out of his

estate.

No. 50, House bill to allow the street mileage, in the town of Chase City, county of Mecklenburg, Virginia, to be included in mileage of county public roads, and to receive its proratable share of county road funds.

No. 51, House bill to amend and re-enact an act entitled an act to amend and re-enact sections 826, 831, 832, 834, 835, 836, 838, 840, 841, 846, 847, 849 and 850, and to repeal section 839 of the Code of Virginia, approved December 31, 1903.

No. 52, House bill to authorize the boards of supervisors of coun