On motion of MR. HOLT, the chair was vacated to be resumed at 3:30 P. M. O. V. HANGER, Clerk of the Senate. JUNIUS E. WEST, WEDNESDAY, APRIL 6, 1927—Afternoon SessION Lieutenant Governor JUNIUS E. WEST presiding. Consideration of, H. Jt. Res. No. 1. Proposing amendment to the Constitution of Virginia; was resumed. MR. GUNN moved severally to amend as follows: Page 51, section 90, strike out section 90, and insert in lieu thereof: "Section 90. Opinions in judgments of the Supreme Court of Appeals. When a judgment or decree is reversed, modified or affirmed by the Supreme Court of Appeals, the reasons therefor shall be stated in writing and preserved with the record of the case. The court may, but need not, remand a case for a new trial. In any civil case, it may enter final judgment, except that judgment for unliquidatǝd damages shall not be increased or diminished." Page 52, section 93, line 2, after word "at," strike out “one,” and insert "two." or." Page 55, section 99, line 2, after word "holding," insert “court. Page 59, section 110, line 4, after word "who," strike out following: "unless otherwise provided by law." Page 59, section 110, line 7, after word "county," insert following: "unless the method of selection be otherwise provided by law." Page 59, section 110, line 9, after word "by," strike out "the." Page 60, section 110, line 24, after word "institutions," strike out semicolon, insert period and the word "but." Page 63, section 115-a, line 11, after word "revenue," insert following: "a debt created in anticipation of the collection of the revenue of the said county, board or district for the then current year." Page 63, section 115-a, line 16, after word "election," insert "of." Page 67, section 119, line 8, after word "elected," insert comma and add: “unless the method of selecion be otherwise provided by law," and add comma. Page 67, section 119, line 11, after word "by," insert general." Page 79, section 132, line 25, after word "respectively," strike out remainder of line 25 and all of lines 26 and 27. Page 79, section132, line 25, after word "respectively," add following: "Provided, however, the General Assembly may prescribe the time in which the State Board of Education may change the textbooks." Page 85, section 151, after "section 151," insert following: "Section 152. Office of Commissioner of State Hospitals abolished.-The office of Commissioner of State Hospitals for the Insane is hereby abolished." Page 88, section 155, line 1, after word "how." strike out word "appointed," and insert in lieu thereof "selected." Page 89, line 4, after word "how," strike out word "elected," and insert word "selected." Page 89, section 155, line 5, after word “salaries," insert following: "there shall be." Page 89, section 155, line 6, after word "members," strike out following: "is hereby created;" which were severally agreed to. MR. GUNN offered the following amendment: Page 89, section 155, line 8, after words "shall be." strike out rest of the line and all of lines 9, 10 and 11, and insert in lieu thereof: "appointed by the Governor, subject to confirmation by the General Assembly, or elected by the General Assembly, as may be provided by law. The present commissioners shall continue in office until the expiration of their present terms. The terms of their successors shall begin on the first day of February next succeeding their selection;" which was agreed to by the following vote-yes, 21; nays, 18. Senators who voted are: YEAS-Messrs. Barksdale, Barron, Beaty, Buchanan, Connor, Denny, Downing, East, Ferguson, Goode, Gunn, Haddon, Johnson, Lambeth, Lesner, Mills, Noell, Parsons, Swank, Wickham and Willis-21. NAYS-Messrs. Ames, Ball, Booker, Clement, Crockett, Early, Garrett, Holladay, Holt, Jeffreys, Kendig, Layman, Rogers, Smith, W. Worth, Jr., Stubbs, Thompson, Vaughan and Woodson-18. MR. GUNN moved to reconsider the vote by which the amendment was agreed to. MR. LAYMAN moved to pass by; which was rejected. The motion to reconsider was rejected. On motion of MR. GUNN, the chair was vacated to be resumed at 8:00 P. M. O. V. HANGER, Clerk of the Senate. JUNIUS E. WEST, WEDNESDAY, APRIL 6, 1927-EVENING SESSION Lieutenant Governor JUNIUS E. WEST presiding. A communication from the House of Delegates, by their Clerk, was received and read as follows: In House of Delegates, April 6, 1927. The House of Delegates has passed Senate bills entitled an act to authorize and empower the board of supervisors of Halifax county to borrow $14,749,99, and to issue bonds therefor, for the purpose of funding the present indebtedness of the county road and maintenance. fund, and gas tax fund of said county, No. 31; an act to authorize the town of Wakefield, in the county of Sussex, to acquire, construct or establish a system of water works for the said town, and to borrow a sum of money not exceeding $75,000.00, and to issue the bonds of the town therefor, for the purpose of acquiring, constructing or establishing such system of water works, and for the purpose of establishing, laying out and constructing a system of sewers for the said town; providing for the payment of interest on the said bonds. and for the redemption of the same, and for an election to be held for the purpose of deciding upon the question of such bond issue, No. 19; an act authorizing the boards of supervisors of the counties of Amelia, Dinwiddie, Chesterfield, Nottoway and Powhatan to make appropriations for the expenses of the judge of the fourth judicial circuit, No. 26; an act permitting the establishment of near-beer plants, for the manufacture of near-beer for beverage purposes, upon the petition of the city council of any city having a population of not less than 100,000, and not more than 135,000; authorizing the Attorney General to issue permits therefor, requiring the giving of bond; fixing the conditions and regulations under which such near-beer may be manufactured and sold, and defining the offenses and penalties for violation of the act, No. 38; and an act authorizing the board of supervisors of the county of Tazewell to make appropriations for the expenses of the judge of the twenty-second judicial circuit, No. 35. They have amended in accordance with the recommendation of the Governor Senate bills entitled an act creating a sanitary district in Henrico county, Virginia, to provide for the construction, acquisition, maintenance and operation by said district of water supply, sewerage, light and power and gas systems by such districts. To provide for the issuance of county bonds on behalf of such district for said purposes, and to provide funds for establishing and operating such public utilities therein, No. 3; and an act to authorize the board of supervisors of counties having a density of population of more than five hundred per square mile, according to the last United States census, to divide the area of said counties into one or more districts, and in such districts to regulate the use of land and of buildings or other structures and the height thereof, and also to establish building lines and to regulate and restrict the construction and location of buildings and other structures in said counties, No 6. They have rejected Senate joint resolutions permitting the introduction of the following bills: A bill to clearly define the exemption of building and loan associations or companies from the payment of any State income tax under the provisions of section 10 of the tax bill, as heretofore amended. A bill to amend and re-enact section 3333 of the Code of Virginia, relating to clerks' fees for issuing licenses, monthly reports, et cetera, (subsection b) of the second paragraph of section 3356 of the Code of Virginia, relating to closed season on migratory birds, and the fourth paragraph of section 3356 of the Code of Virginia, relating to selling game, as heretofore amended. A bill to amend and re-enact clause seventh of section 3356 of the Code of Virginia, relating to further protection of game. A bill to amend and re-enact an act entitled an act to amend and re-enact an act entitled an act to prevent damage and injuries by dogs, and to provide compensation to owners of stock so injured; to provide for licenses on dogs and to provide for penalties for violations thereof; to provide compensation to owners of fowl so injured, and to provide funds for the enforcement of this act therefrom, approved March 20, 1918, as amended by an act approved March 22, 1920, as amended by an act approved March 14, 1924, and, as further amended, by an act approved March 24, 1926. A bill to amend and re-enact section 3210 of the Code of Virginia, relating to fines for violations of inland fish laws; section 3329 of the Code of Virginia, relating to State hunting licenses; section 3330 of the Code of Virginia, relating to nonresident licenses, and section. 3332 of the Code of Virginia, relating to issuing licenses. A bill to amend and re-enact section 229 of the Code of Virginia, as heretofore amended, in relation to primary elections. A bill to amend and re-enact section 3 of an act entitled an act to release all liens upon real estate for taxes and levies due and payable to the Commonwealth or any political subdivision thereof prior to July 10, 1902; to provide that the right, title and interest of the Commonwealth in and to all real estate sold for taxes and levies assessed prior to July 10, 1902, which real estate has been purchased by the Commonwealth and not resold is released unto and vested by operation of law in the person or persons who owned the real estate at the time the Commonwealth so acquired title, or persons claiming, or to claim, by, through, or under them; and to provide that on and after July 1, 1926, no clerk shall make a tax deed conveying any real estate sold for delinquent taxes or levies assessed prior to July 10, 1902, approved March 20, 1924. A bill to amend and re-enact section 4786 of the Code of Virginia, in relation to the commencement of confinement in conviction for two or more offenses. A bill to amend and re-enact section 3945 of the Code of Virginia of 1919, in relation to the establishment and maintenance of depots, telegraph and telephone offices, along their lines, by railroad companies doing business in this State, prescribing the powers of the State Corporation Commission with reference thereto, the duties of operators and train dispatchers, and imposing penalties for violation. A bill to amend and re-enact section 98 of the Code of Virginia, in relation to registration of voters. A bill to amend and re-enact section 27 and section 28 of an act entitled an act to raise revenue for the support of the government and 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, commonly designated as the "tax bill," as heretofore amended. A bill to empower the State Corporation Commission to make review and correction of its assessments of the value of the property of any transportation company, transmission company, or other public service corporation, and of its assessments of any tax upon such companies or their property. A bill to amend and re-enact an act entitled an act to authorize the councils of cities and towns to provide, by ordinance, for the collection of city or town taxes or levies on property in equal semiannual installments, approved March 24, 1926. They have passed with amendment Senate bill entitled an act to amend and re-enact section 3338 of the Code of Virginia, as amended by an act approved March 10, 1926, relating to hunting, trapping, fishing and ranging upon the property of another, No. 24. They have passed House bills entitled an act to amend and reenact sections 99, 129, 136 and 137 of an act to provide a new charter for the town of Blackstone, in the county of Nottoway, approved March 27, 1914, and to repeal all other sections or parts of said act in conflict with said sections as so amended and re-enacted, No. 57; an act to authorize the councils or other governing bodies of the cities of the Commonwealth, whose charters provide for the appointment of a city collector, to abolish such office and to transfer the duties thereof to the city treasurer, and to fix the compensation of such treasurer, No. 58; an act to provide that motor vehicle registration and number plates or a number plate issued for a succeeding license year may be used on and after December 15 of the year preceding the beginning of such license year, and motor vehicle registration and number plates or a number plate issued for a preceding license year may be used during the first fifteen days of a current license year, No. 46; and an act to amend and re-enact subsection (e) of section 29 of an act; entitled an act to continue the office of Motor Vehicle Commissioner to provide for his election; to prescribe his powers and duties; to protect the title of motor vehicles; to provide for the registration of titles thereto and the issuance of certificates of title; to prescribe the effect of such registration; to provide for the licensing of motor vehicles and chauffeurs; to provide penalties; and to repeal all acts and parts of acts in conflict herewith, approved March 17, 1926, No. 68; in which amendment and bills they request the concurrence of the Senate. H. B. No. 57. A bill to amend and re-enact sections 99, 129, 136 and 137 of an act to provide a new charter for the town of Blackstone, in the county of Nottoway, approved March 27, 1914, and to repeal all other sections or parts of said act in conflict with said sections as so amended and re-enacted; was taken up, read the first time and referred to the Committee on County, City and Town Organization. H. B. No. 58. A bill to authorize the councils or other governing bodies of the cities of the Commonwealth, whose charters provide for the appointment of a city collector, to abolish such office and to transfer the duties thereof to the city treasurer, and to fix the compensation of such treasurer; was taken up, read the first time and referred to the Committee on County, City and Town Organization. |