West Virginia History - Joint Resolutions of the Legislature of West Virginia at its Commencing January 18, 1870 to March 3, 1870. ********************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ********************************************************************** Submitted by Valerie Crook, , March 1999 Source: Acts of the Legislature of West Virginia at its Commencing January 18, 1870 Wheeling: John Frew, Public Printer, 1870. Joint Resolutions [No. 1.] Joint Resolution raising a committee to wait on the Governor. Resolved by the Legislature of West Virginia, That a joint committee of two members on the part of the Senate, and three on the part of the House of Delegates, be appointed to wait on his excellency the governor, and inform him of the organization of both branches of the legislature, and their readiness to receive any communication he may desire to make. ADOPTED January 18, 1870. [No. 2.] Joint Resolution providing for the distribution of copies of the code to members of the legislature. Resolved by the Legislature of West Virginia, That the public printer of the state furnish to each member of both houses, a copy of the code of West Virginia, stitched as those heretofore disposed of, and that he take receipt for each copy delivered. ADOPTED January 18, 1870. [No. 3.] Joint Resolution fixing a time for the election of janitor and guard. Resolved by the Legislature of West Virginia, That the two branches will proceed on the twentieth day of January, eighteen hundred and seventy, at eleven o'clock, A. M., to elect a janitor and guard. ADOPTED January 20, 1870. [No. 4.] Joint Resolution opposing a reduction in the duty on foreign coal. Resolved by the Legislature of West Virginia, That, in the name of the state, we respectfully petition the Congress of the United States not to reduce the duty now imposed on coal simported into the United States from the British Provinces or elsewhere, as in the opinion of this legislature any such reduction would be unjust and destructive to the coal producing interest of this and other States. 2. That copies of this resolution be transmitted by the governor of this state to the presiding officer of each house of congress, and to each of our senators and representatives therein. ADOPTED January 20, 1870. [No. 5.] Joint Resolution requesting a statement of the expenditure of the Civil Contingent Fund. Resolved by the Legislature of West Virginia, That the governor be and is hereby requested to transmit to this body a detailed report, setting forth in separate items, the disposition of the civil contingent fund since January first, eighteen hundred and sixty-eight, and that he also transmit the vouchers therewith. ADOPTED January 22, 1870. [No. 6.] Joint Resolution proposing an adjournment of the Legislature for the afternoon of Friday the twenty-eighth instant. Resolved by the Legislature of West Virginia, That the Legislature suspend all business on next Friday afternoon, the twenty-eighth instant, for the purpose of giving the members of the same an opportunity to attend the exhibition and exercises of the blind, given under the direction of Professor Johnson. ADOPTED January 25, 1870. [No. 7.] Joint Resolution directing the auditor to credit certain moneys paid into the treasury to the general school fund. Resolved by the Legislature of West Virginia, That the auditor is hereby authorized to pass to the credit of the general school fund such proportion of the sum lately paid into the treasury of the state by the Baltimore and Ohio Rail Road Company as it would be entitled to receive under the assessments for the respective years such assessments were made. ADOPTED February 2, 1870. [No. 8.] Joint Resolution giving notice to Nathaniel Harrison, judge of the Seventh Judicial Circuit, of proceedings for his removal. Resolved by the Legislature of West Virginia, That notice be given to Nathaniel Harrison, judge of the seventh judicial circuit of this state, that the Senate and House of Delegates will, on the twenty-fifth day of February, eighteen hundred and seventy, proceed to consider and thereafter to determine the question of his removal from office as aforesaid, pursuant to the thirteenth section of the sixth article of the constitution of this state, and that the following causes are alleged for such removal; that is to say: I. Misconduct. In this, that he has been guilty of taking jurisdiction of causes in which he is personally interested, that is to say: In a suit brought by Oscar Callison against Lewis Ballard and Alexander B. Humphreys, in the circuit court of Monroe county, the partnership transactions of said Ballard, Humphreys, Harrison, and one Cyrus Newlin, and William A. Monroe were necessarily involved, against the protest of said Ballard. And in this, that the said Harrison while judge of the circuit court of Greenbrier county, took jurisdiction of the case of John A. Wills vs. Henry F. Hunter's administrator, the said suit being prosecuted for the benefit of the said Harrison. And the administrator of Henry F. Hunter refusing to pay the bond, on the ground that the consideration was illegal and void, the said Harrison agreed to compromise and receive a less amount, and judgment was rendered for the amount agreed upon at the special term of the Greenbrier circuit court, held in January eighteen hundred and sixty-nine; that the said administrator has paid one hundred dollars of the said judgment, and refuses to pay the residue because the amount already paid is more than his proportion of the personal assets of the estate of said Hunter, that the said Harrison has since assigned the residue of the said judgment to Alexander R. Humphreys, who is now, seeking to collect the same. And also in this: that he has improperly and corruptly advised parties as to suits to be brought by them, and as to the management and conduct of suits pending in his courts, in this, that in a case pending in the circuit court of Monroe county, between Lewis Ballard, plaintiff, and Augustus A. Chapman and others, defendants, he, the said Harrison, maliciously, voluntarily, and corruptly suggested and advised the said Chapman to have his cause tried at the then May term, eighteen hundred and sixty-nine, of said circuit, court, proposing at the same time to give him, the said Chapman, a special jury, and to appoint a special officer to summon the jury, for the trial of said cause, who was then known to the said Harrison to be on unfriendly terms with the said Lewis Ballard. And that he improperly and corruptly advised Lewis Ballard and others, parties litigant in his court, to employ a particular attorney, towit: Cyrus Newlin, to bring and prosecute their suits in his said court, the same being in the years eighteen hundred and sixty-five and eighteen hundred and sixty-six, with intent to profit by the fees to be paid to said attorney. And that he improperly and corruptly consulted and advised with parties about their causes pending in his said court, or with their attorneys. In a case pending in his court, of Riley vs. Riley, in the county of Pocahontas, wherein C. A. Sperry, Esq., was the counsel for the defendant, during the recess at dinner, he sought an interview with said Sperry, in which he advised him to put in the Confederate plea, and as to what testimony would be necessary to make out his defense. And that the said Harrison has improperly and corruptly appeared as an attorney in the courts of the United States, in a suit where the subject in controversy in the said court was also in controversy in a suit pending in his court, in this, that the said Harrison, at the November term, eighteen hundred and sixty-nine, of the District Court of the United States, at Charleston, acted as counsel for William P. Rucker, in a suit in chancery pending against him in said court. Said Harrison appeared as attorney for the purpose of procuring a continuance of said cause, in order that action might he had in a branch of the same case which was pending in the circuit court of Nicholas county, the result of which action in said court in Nicholas county could be pleaded as a defence in said case pending in the United States court. That he has used his judicial power and authority oppressively, vindictively, and corruptly, in this, that he required all the court orders from every part of his circuit to be published in the Monroe Republican, a paper of which he was part owner, so long as the said paper had an existence, to-wit: some time in the year eighteen hundred and sixty-nine. Also in this: that he appointed Alexander R. Humphreys commissioner and receiver of the circuit courts of the counties of Greenbrier and Monroe, and allowed him a commission upon any sales made by him by virtue of decrees rendered in said:courts, to the full extent prescribed by the statute, but also an additional commission of two per cent for the collection of the bonds executed at such sales, in express violation of law. And also in this: that although the said Humphreys has held the said office of such receiver since sometime in the year eighteen hundred and sixty-six, he, the said Harrison, has failed and neglected to require the said receiver to make a settlement of his said accounts before a commissioner of said Harrison's court, as provided:and required by law. And also in this: that the said Harrison has repeatedly borrowed for his own use funds from the said Alexander K. Humphreys, which he held in his hands as receiver of said courts,'without giving security therefor as required by law. And also in this: That the said Harrison has made unreasonable and illegal allowances out of the funds under his control as judge as aforesaid, to-wit: in the case of Harrison vs. The Farmers Bank, in which he allowed to the attorneys in the cause excessive and unusual gratuities. And also in this: That on the -- day of January, eighteen hundred and sixty-nine, the: said Harrison,acting in concert with the board of registration of Greenbrier county, made an order, upon citation of the officer, declaring the office of sheriff vacant, upon the ground that the incumbent, Wallace Robinson, had been stricken from the list of voters since his election and qualification, the said Robinson having opposed the election of the said Harrison as judge of the seventh judicial circuit; from which order an appeal was taken to the supreme court of appeals of this state, where the same was reversed; and notwithstanding the reversal thereof, and notice of the same, the said Harrison directed the clerk of the circuit court of said Greenbrier county not to deliver the process of the said court to said Robinson, and directed one of the assessors for said Greenbrier county not to deliver the assessor's books to said Robinson, but to one Oscar Callison, whom the said Harrison had appointed to fill the vacancy produced by his order aforesaid; all of which was unlawful and corrupt. And also in this: That on the --- day of ---, eighteen hundred and sixty-five, one Henry F. Hunter, then a citizen of said Greenbrier county, applied to the said Harrison for his judicial endorsement of his (Hunter's) petition for a pardon from the president of the United States, and he, the said Harrison, refused to give his said endorsement unless the said Hunter, or some one for him, would give his bond for three hundred dollars to one John A. Wills, a partner of said Harrison, and living in Washington. The bond thus required was given; whereupon the said Harrison made the endorsement desired, thereby putting a price upon his judicial influence and recommendation. And also in this: That at the November term, eighteen hundred and sixty-nine, of the circuit court of Monroe county, there being a case on the office judgment docket in the name of Jacob C. Allen, for the benefit of Baldwin Ballard versus Richard A. Hutchinson and Richard Woodram, the said Harrison voluntarily and corruptly appealed to the bar, as many as three times, to put in a plea in the case, saying that he would continue the case if such was done, although there was no defense and no counsel in the case, and notwithstanding one of the said defendants was, at the time, in court and urging a judgment for the plaintiff. And also in this: That in the year eighteen hundred and sixty-five, and before the said Harrison was appointed judge, he was engaged by one Lewis Ballard, of Monroe county, to prosecute a suit in the district court of the United States for the district of Virginia, against certain parties who had broken open the store of the said Ballard during the late war; that after the said Harrison went upon the bench, and the discovery by the said Ballard of evidence in the county of Monroe upon which to found an indictment, he, the said Ballard, applied to said Harrison to know whether a criminal proceeding in this state against said parties would affect the said Ballard's chances for recovering in the state of Virginia, in a civil suit; that said Harrison informed said Ballard that it would not, but would add to his chances; whereupon the said Ballard had the evidence brought before the grand jury, and a presentment was found against said parties, to-wit: John R. Gleason, Joseph Harrison, William E. Lunda, Robert Gleaves, William Steptoe, Reece Gillaspie, Jno. B. Young, Jas. O. Young, John Holbrook, and Annin Delong. Upon said presentment a bench warrant was issued, and application was made to the governor of this state for a requisition upon the governor of Virginia., in which state the defendants resided, to surrender said parties; which requisition the said governor of Virginia honored, and issued his warrant for the surrender of said parties, but no proceedings have been had under said warrant. Whilst the said presentment was pending, it was suggested to said Ballard that the said parties were willing to pay a large sum of money if the prosecution should be dismissed. The said Ballard declined to become a party to a compromise of said prosecution; but some time after, on or about the ---- day of September, eighteen hundred and sixty-seven, the said Ballard was approached by the said Harrison, who remarked to said Ballard that he, the said Harrison, had been corresponding with the parties to said presentment aforesaid, ever since the presentment was found, and that the said parties mere now willing to pay something handsome to get rid of said prosecution. Upon being asked by said Ballard what the said parties were willing to pay, the said Harrison replied, some five or six thousand dollars; and that he, the said Harrison, was going on to Mercer and McDowell counties, and that if he (Ballard) said so, he (Harrison) would fix up the matter while he was gone; but that in the event of his (Harrison's) doing so, that he, the said Harrison, must have a thousand dollars of the amount; that upon the said Ballard's declining to have anything to do with such an arrangement, and expressing his surprise that the (Harrison) should approach him on such a subject, he, the said Harrison, remarked to the said Ballard that if he, the said Ballard, did not divide with him, he, the said Harrison, would be God damned if he (Harrison) would ever enter a nolle prosequi, thereby corruptly suggesting and advising a compromise of a criminal prosecution. And in this: that in the trial of causes the said Harrison takes sides with his friends and flatterers, and against those whom he holds as his enemies; and shows his bias from beginning to the end of the trial, makin it difficult, if not impossible, to get a just and fair verdict of the jury, that is to say: in the case of Kelley vs. Lewis and others in Greenbrier or Monroe county now pending in the supreme court of appeals of this state, also in the case of Augustus Pack vs. Amos A. Hauxbarger on trial at the September term, eighteen hundred and sixty-nine, in the circuit court of Monroe county. And also in this: that the said Harrison, at a special term of the circuit court of Greenbrier county, commencing in the month of December last and continuing into the month of January following, came into court one morning with a rule, prepared, against Alexander Walker, a member of the bar of said court, to show cause why his name should not be stricken from the roll of attorneys; that the said rule was immediately served, and the said Walker forced to trial without any time for preparation whatever; that at the time of the sitting of said court, on the day aforesaid, the said Harrison came into court with the order disbarring said Walker already prepared, and having heard the evidence, although the same did not sustain the allegations of the rule, he had the said order immediately entered of record, which he had previously prepared, revoking the license of the said Walker as an attorney at law, and disbarring the said Walker from the courts of this state. And also in this: that the said Harrison permitted one Hercules Scott to qualify as deputy clerk of the circuit court and deputy recorder of Mercer county, without taking the oaths required by law. And also with willful and corrupt swearing, in this that the said Harrison swore when taking his official oath, as judge as aforesaid, that he had not sought to exercise the functions of any office whatever under any authority in hostility to the United States, which it is charged is false in the following particulars: First, The said Harrison sought the office of aid on the staff of General Augustus A. Chapman, a brigadier general in the confederate militia. Second, The said Harrison sought an office in the quartermaster's department of the confederate army, through the friendly intercession and recommendation of Major Harry H. Harrison, then an officer in the confederate army. Third, That the said Harrison sought an office under the confederate government in the bureau of exchange of prisoners of mar. In his said oath the said Harrison swore that he had given no aid or comfort to persons engaged in armed hostility to the United States by countenancing, counseling or encouraging them in the same, which it is charged is false, in this: First, that he voluntarily took an oath to support,the confederate government:at Covington, Virginia, on the---day of ---, and at Fincastle, Virginia, on the tenth day of December, eighteen hundred and sixty-two, and that in conversation with one Thomas J. Michie and others, and among them several confederate officers, encouraged them in their hostility to the government of the United States. And also in this: that the said Harrison was intoxicated while en- gaged in the discharge of his official duties when on the bench, to-wit: on the first day of January, eighteen hundred and sixty-nine. And also that the said Harrison while occupying his said office as judge aforesaid has been guilty of gross licentiousness and adultery, which is calculated to bring the judiciary into contempt, in this that he has committed adultery with Nannie Perkins, Jane Reynolds, Fannie White and others, and also with ----, in the county of Pocahontas, while holding court in said county, to-wit: during the year eighteen hundred and sixty-nine, and prior thereto. II.--Neglect of Duty. In this that he failed and neglected to discharge his duty as judge of the circuit court of Pocahontas county during the terms of said court during the years eighteen hundred and sixty-seven, eighteen hundred and sixty-eight and eighteen hundred and sixty-nine, by adjourning his court early in the day before adjourning time, while business was proceeding therein, and absenting himself in the country for licentious purposes until late in the succeeding day, whereby suitors and all other persons having business in said court, were greatly hindered in the trial of their business, and put to great trouble and expense, which practices were continued from day to day. ADOPTED February 4, 1870. [No. 9.] Joint Resolution fixing the time and manner of the trial of Nathaniel Harrison, Judge of the Seventh Judicial Circuit. Resolved by the Legislature of West Virginia, That the Senate and House of Delegates meet in the hall of the House of Delegates, on Friday, the twenty-fifth day of February, eighteen hundred and seventy, in joint convention, for the purpose of hearing the evidence and arguments of counsel on the trial of the charges against Nathaniel Harrison, judge of the seventh judicial circuit; and that any votes which may be required during the progress of said trial, shall be had by each house in its own hall; and at the termination of said trial, each house shall vote separately upon each of said charges. ADOPTED February 4, 1870. [No. 10.] Joint Resolution requesting Congress to amend section nine of the pension law, approved July 2, 1864, so as to include persons hereinafter named. Resolved by the Legislature of West Virginia, Whereas, during the war of the rebellion in the United States, divers persons in the state of West Virginia, not enlisted soldiers, volunteered or were ordered into service, for the time being, to serve with regularly organized United States troops, as well as other persons who were in regularly organized companies of state militia, who rendered efficient service on the aide of the United States in the suppression of the rebellion, some of whom were killed in said service, or mere made prisoners, and died while such prisoners, or of disease contracted while in said service, some of said persons left widows and minor children surviving them, most of them dependent on the charities of the country for their support, and Believing they are justly entitled to the benefits of the pension law, do make the request of the Congress of the United States to amend said ninth section of said act, so as to give such persons the same benefits of the pension laws as those who were regularly mustered into the United States service. 2. That our senators and representatives in Congress are most respectfully requested to press the passage of such amendment of said pension law. 3. That the governor is hereby requested to furnish at once a copy of these resolutions to each member of our representatives in Congress. ADOPTED February 8, 1870. [No. 11.] Joint Resolution providing for service on Nathaniel Harrison, judge of the seventh judicial circuit, of the charges and specifications against him. Resolved by the Legislature of West Virginia, That the Senate and House of Delegates meet, in joint convention, in the hall of the House of Delegates, twenty days after the service upon Nathaniel Harrison of a copy of these resolutions, and the charges and specifications, as contained in House Joint Resolution number thirteen, for the purpose of hearing the evidence and arguments of counsel on the trial of the charges against Nathaniel Harrison, judge of the seventh judicial circuit of this state; and that any votes which may be required to be taken during the progress of said trial shall be had by each house in its own hall; and at the termination of said trial, each house shall vote separately upon each of said charges. 2. That the clerk of the House of Delegates is hereby directed to telegraph Henry M. Mathews, at the White Sulphur Springs, Greenbrier county, in this state, or at such other place as a telegram will reach the said Mathews, these resolutions, and service of a copy of such telegram, together with a copy of the charges and specifications adopted by House Joint Resolution number thirteen of this session, upon Nathaniel Harrison, in the mode prescribed by law, shall be held a valid and legal service of the said charges and specifications and these resolutions. ADOPTED February 8, 1870. [No. 12.] Joint Resolution instructing the auditor in his next annual report to give in detail certain expenses of the state government. Resolved by the Legislature of West Virginia, That the auditor, in his next annual report, give in detail all items of expenses connected with the present legislature, registration of voters, salaries, and expenses of judges, and courts, public printing, and arrest and support of criminals in jails. ADOPTED February 10, 1870. [No. 13.] Joint Resolution providing for a recess of the legislature. Resolved the Legislature of West Virginia, That when the senate and house of delegates adjourn this day, they stand adjourned until Tuesday next at 10 o'clock, A. M. ADOPTED February 11, 1870. [No. 14.] Joint Resolution authorizing the board of public works to make temporary provisions for the care of the insane of the state, now confined in the county jails, or otherwise supported by the state. WHEREAS, There are now confined in the jails of the different counties throughout the state, a large class of our citizens known as insane persons, where they are being supported in an uncomfortable condition, and at an immense expense to the state, and it is believed a majority of them if properly treated can be cured; and, whereas, we feel it to be our duty to ameliorate, as far as it is within our power, their sad condition, as well as save the public funds; therefore, Resolved by the Legislature of West Virginia, That the board of public works is hereby authorized to contract with the proper authorities of the institutions in our sister states, for the maintenance, care and treatment of such insane persons, as are, or may be, confined in county jails, until such time as there may be room for them in our own hospital for the insane. 2. The board of public works, through the governor, is hereby requested, by special messenger, if necessary, to communicate with the authorities controlling the institutions of our sister stales as aforesaid, and ascertain whether the object sought by these resolutions can be attained, and if so, at what cost, and report to this legislature as soon as possible. ADOPTED February 11, 1870. [No. 15.] Joint Resolution inviting Rev. D. H. Coyner to address the Legislature. Resolved by the Legislature of West Virginia, That Rev. D. K. Coyner be invited to address the members of the Senate and House of Delegates, in the hall of the house, on Tuesday evening, the fifteenth instant, at seven o'clock, on the subject of immigration into the state, and that the public generally be invited to attend. ADOPTED February 15, 1870. [No. 16.] Joint Resolution raising a joint committee to investigate alleged illegal charges for freight and passengers imposed by the Baltimore and Ohio Railroad Company. WHEREAS, It is represented to this legislature that gross injustice is being done to citizens of this state, by discriminations against them practiced, by the Baltimore and Ohio railroad company, in charges for freight and passengers to intermediate stations on said Baltimore and Ohio railroad, and the Parkersburg branch thereof, in excess of charges for similar freight and passengers passing over the entire line of said road and branch; and whereas, it is claimed that such discriminations are in violation of the restrictions imposed on said company by its charter, and unwarranted by law; therefore, Resolved by the Legislature of West Virginia, That a joint committee of three members on the part of the house, and three on the part of the senate, be appointed to inquire whether such discriminations are practiced by said company, to investigate the same, and report what measures may be proper for the remedy thereof. The said committee shall have power to send for persons and papers, and to report by bill or otherwise. ADOPTED February 15, 1870. [No. 17.] Joint Resolution raising a joint committee of seven to investigate the affairs of the Penitentiary. WHEREAS, The last legislature appointed a joint committee to investigate the affairs of the penitentiary at Moundsville, and report to this legislature; and said committee having made a unanimous report, containing sundry charges reflecting unfavorably upon the management of said institution, and the superintendent thereof; therefore, Resolved by the Legislature of West Virginia: That a joint committee of three from the Senate, and four from the House of Delegates, be appointed to take into consideration said report of the committee and the papers relating thereto, and recommend to the legislature, tit an early day, what action, if any, ought to be taken. ADOPTED February 16, 1870. [No. 18.] Joint Resolution requesting Congress to grant pensions to the Soldiers of the War of 1812. WHEREAS, It is the first duty of the government to care for and protect its defenders; and WHEREAS, There are yet among us a few surviving soldiers of the war of 1812, many of whom are in indigent circumstances; therefore, Resolved by the Legislature of West Virginia, That congress be requested to grant pensions to the surviving soldiers of the war of 1812; and that the governor furnish copies of this resolution to the president of the United States Senate and the speaker of the House of Representatives. ADOPTED February 17, 1870. [No. 19.] Joint Resolution providing for the publication and distribution of a pamphlet descriptive of West Virginia, and inviting immigration from the Northern States. Resolved by the Legislature of West Virginia, That five thousand copies of the pamphlet written by the Rev. D. H. Coyner, "descriptive of the soil, climate, agricultural and mineral resources; the great water power and immense manufacturing advantages of West Virginia,;and inviting immigration from the northern states," be published at a cost not exceeding one hundred and twenty-five dollars, and circulated through the same by the writer, Rev. D. H. Coyner. ADOPTED February 18, 1870. [No. 20.] Joint Resolution to secure an appropriation of money or donation of public lands, by Congress, for losses sustained by loyal citizens of West Virginia during the war. WHEREAS, During the late rebellion many of the citizens of the state of West Virginia, on account of their loyalty to the general government and devotion to the federal Union, were overrun, robbed, and plundered by persons in armed hostility against the government of the United States, and their property forcibly and against their mill taken away and used in support of such rebellion; and WHEREAS, Such persons have no means of redress or compensation for such losses, except through and by the aid of congress; therefore, Resolved by the Legislature of West Virginia, That in view of the facts above recited, which are hereby affirmed to be true, our senators and representatives in congress be requested to use their influence to secure an appropriation of money or donation of public lands for the purpose of compensating the loyal citizens of West Virginia for their losses sustained during the late war of the rebellion. ADOPTED February 18, 1870. [No. 21.] Joint Resolution proposing to celebrate the anniversary of Washington's birthday. Resolved by the Legislature of West Virginia, That the Senate and House of Delegates meet in joint session in the hall of the latter, on the twenty-second instant, at ten o'clock, A. M., and that Washington's farewell address be read. ADOPTED February 18, 1870. [No. 22.] Joint Resolution in reference to the death of Henry A. G. Zeigler, late general superintendent of free schools. WHEREAS, we have learned with deep regret that the late superintendent of free schools, Henry A. G. Zeigler, departed this life, yesterday, February seventeen, at his residence in this city. In this dispensation of Divine Providence, the state has been deprived of a valuable young man. With a mind of more than ordinary capacity, he had acquired not only a classical education, but had formed habits of moral rectitude and generous bearing, which endeared him to all who knew him. Though but a few years a citizen of this, his adopted state, he had won the confidence of the people; and the legislature bestowed upon him, about one year ago, the honorable position of state superintendent of free schools, the duties of which office he zealously entered upon with high hopes of usefulness, but had scarcely time to form his plans, before the disease which had terminated his career, paralized his manhood; thus vanishes our fondest hopes and brightest expectations. Captain Zeigler in early manhood, entered the Union army, in an Ohio regiment, and spent four years of his life in the great struggle for the Union and his country. He escaped the perils of many hard fought battles, to die with lingering disease, which he bore with christian fortitude without a murmur. We can but mourn the loss of such a man; therefore, Resolved by the Legislature of West Virginia, That we deeply regret the loss by death of Henry A. G. Zeigler, the state superintendent of free schools; that we take this mode of expressing our sympathy for his parents, brothers and sisters, in this, their bereavement and loss. Resolved, That the governor of the state be requested to communicate a copy of this expression to the parents of Captain Zeigler. ADOPTED February 18, 1870. [No. 23.] Joint Resolution authorizing the clerk of the House of Delegates to issue subpoenas for witnesses on behalf of Nathaniel Harrison, judge of the seventh judicial circuit, and providing for the expenses of the same. Resolved by the Legislature of West Virginia, That the clerk of the House of Delegates, be, and he is hereby authorized on the application of the Honorable Nathaniel Harrison, judge of the seventh judicial circuit, of West Virginia, or his counsel, to issue process for such witnesses as he may request, not exceeding thirty, to testify for him on the charges now pending against him, before the legislature, which shall be served by the sergeant-at-arms of the House of Delegates, or such person or persons as he may designate and appoint for that purpose, and that the witnesses shall be paid as provided for in chapter one hundred and thirty of the code of West Virginia. ADOPTED February 19, 1870. [No. 24.] Joint Resolution relating to the application of the proceeds of sale of the United States property at Harper's Ferry. WHEREAS, In a bill providing for the sale of the lands, tenements and water privileges belonging to the United States at and near Harper's Ferry, in the county of Jefferson, West Virginia, it was enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the secretary of war be authorized and directed to make sale of the lands tenements and water privileges aforesaid, and that the proceeds of such sale be applied by him as follows: First. In defraying the expenses of making said sale. Second. In refunding to the United States the principal sum of purchase money paid for said lands, tenements, and water privileges by the United States, and for the erection of buildings thereon. Third. If any surplus remain, he shall deliver the same to such agent as the legislature of the state of West Virginia shall appoint to receive the same conditioned, so as to be set apart, held, invested, used and applied as a part of the school fund of said state; and WHEREAS, Said lands, tenements and water privileges aforesaid mere actually sold by order of secretary of war, under authority of said act of congress for an amount largely in excess of the expenses of said sale, and WHEREAS, A question arises upon the construction of the second clause of that part of said act providing for the application of proceeds of said sale, so as to leave in doubt and undetermined what amount of said proceeds shall be refunded to the United States, and consequently what surplus shall inure to the benefit of the school fund of this state, therefore, Resolved by the Legislature of West Virginia, That our Senators and Representatives in the Congress of the United States, be requested and instructed to give their prompt attention, and earnest and united effort in securing a fair and liberal construction of said law, either by special legislation in congress, or by whatever means they may deem most expedient, to secure as large a surplus as possible for the school fund of this state. 2. That the governor of this state is hereby requested to furnish a copy of these resolutions to the President of the United States Senate, the Speaker of the House of Representatives and each of the senators and representatives therein from this state. ADOPTED February 21, 1870. [No. 25.] Joint Resolution directing the Board of Public Works to make a change in the Superintendency of the Penitentiary. WHEREAS, There appears to be some irregularity in the management of the affairs of the penitentiary under the management of G. S. McFadden; and WHEREAS, There is an extensive dissatisfaction among many of our fellow citizens in regard to the superintendency of said G. S. McFadden, therefore, Resolved by the Legislature of West Virginia, That the board of public works be and are hereby directed to make a change in the superintendency of the penitentiary as soon as they can obtain the services of a competent man. ADOPTED February 21, 1870. [No. 26.] Joint Resolution permitting the auditor to allow John Alford, late sheriff of Cabell county, to withdraw his delinquent list, to enable him to copy the same. WHEREAS, It appears to the satisfaction of the legislature that the original delinquent lists of John Alford, late sheriff of Cabell county, have been sent to the auditor, instead of copies thereof, as required by law, and that no copies thereof have been returned by the clerk of the board of supervisors of said county; therefore, Resolved by the Legislature of West Virginia, That the auditor be and he is hereby authorized to deliver the said delinquent lists to the said Alford, late sheriff as aforesaid, to take back to the county of Cabell, to have the proper copies thereof made and forwarded to the said auditor, as required by section twenty-one of chapter thirty of the code of West Virginia; and that upon such copies being made and forwarded, the said original lists be filed and preserved in the office of said clerk. ADOPTED February 22, 1870. [No. 27.] Joint Resolution requesting Congress to grant a pension to John B. Shipman, of Upshur county. WHEREAS, John B. Shipman, of Upshur county, while acting as scout and guide to the United States military forces during the late war, received injuries which disable him for life: and whereas, the said Shipman, although meriting assistance from the United States for the services aforesaid, is not entitled to such assistance under the general pension law ; therefore, Resolved by the Legislature of West Virginia, That the Congress of the United States be respectfully requested to grant such a pension to said Shipman as he mould be entitled to receive had he been mustered into the United States service; and that our senators in Congress be instructed and our representatives requested to favor such action on the part of Congress. 2. That the governor be requested to forward a copy of these resolutions to each of our said senators and representatives. ADOPTED February 23, 1870. [No. 28.] Memorial and Joint Resolution concerning a Water Line Communication between the Western States and the Atlantic Seaboard. The Legislature of the state of West Virginia to the Senate and House of representatives of the United States, respectfully represent: That there is a necessity for a shorter, cheaper, and better channel of communication between the western states and the atlantic seaboard. That such a channel can be obtained through Virginia, by connecting the waters of the James and Greenbrier, and improving the Greenbrier, New, and Kanawha rivers. That the benefits to be derived from this work, when completed, would be enjoyed equally by the eastern and western states, and by a majority of the states of the Union; and that in case of hostile invasion, it would be invaluable to the government as an interior means of communication, by which supplies in large quantities could be cheaply and safely transported from the west to the eastern cities; and that for these reasons it may Justly and properly be considered a, national work. That the states of Virginia and West Virginia, through which this road passes, are unable to complete it, and they feel justified, in consideration of the general benefits to the people of the United States, and the peculiar benefits to the general government, in soliciting its aid in the prosecution of this great enterprise. The necessity for a shorter and cheaper channel of communication between the western states and the Atlantic seaboard is clearly shown by the present enormous charges upon the transportation of grain from the north-western states to New York. The charges on wheat to the Mississippi river to New York, by railroad, when the canals are closed, average seventy-two cents per bushel; and even by water transportation from Chicago, the charges sometime amount to fifty-six cents per bushel, or about sixty-two cents per bushel from the Mississippi river. So that the farmers west of the Mississippi river have to pay about one half of their crops to get the other half to market. In fact, the charges on wheat from the northwestern states are so onerous that it is questionable whether there is any profit in its cultivation; and if some remedy is not speedily applied, its production for exportation from these states will be greatly diminished, if not altogether abandoned. This state of things is produced by the inadequacy of the present means of transportation, the pressure on the water routes being so great during the limited season between the harvesting of the crops and the closing of navigation, that exorbitant prices are demanded for freight; and the distance by railroad is so great that transportatioa can never be brought down to a price that will leave a sufficient profit to the farmer, and at the same time be remunerative to the railroads. The effect of the high prices of freight is to depress the agricultural interests of the states and territories west of the Mississippi, and to discourage and check immigration. That these evil influences may be removed, that the agricultural interests of the west may be protected, and that immigration may be encouraged, it is absolutely necessary that cheaper transportation shall be provided between the Mississippi and the seaboard. The multiplication or the consolidation of railroads will not effect the desired end, because, as above stated, the distance is too great for agricultural products to be carried by rail at a profit. A sufficiently cheap transit can only be obtained by water, and by opening a communication from the Mississippi by way of the Ohio river and the Virginia water line, to the capes of Virginia. This route will consist of the Ohio river, from its mouth to Point Pleasant, a distance of seven hundred and twenty-eight miles; the Kanawha, New, and Greenbrier rivers, two hundred and eight miles; the James river and Kanawha canal (including forty-six miles of slackwater navigation,) from Greenbrier river to Richmond, two hundred and seventy-two miles; and James river to Hampton Roads, one hundred and twenty-five miles; total distance from mouth of Ohio to Hampton Roads, one thousand three hundred and thirty-three miles. To perfect this route, it is proposed to improve the Kanawha river from its mouth to Lykens shoals, for sluice navigation; thence to improve that river and the New and Greenbrier rivers, by locks and dams, for steamboat navigation, to the mouth of Howard's creek; and to cut a canal from Howard's creek to Buchanan, seventy-six miles, of the same size as the Erie canal, with locks one hundred and twenty feet long and twenty feet wide, and to enlarge, to the same dimensions, the canal already made from Buchanan to Richmond, one hundred and ninety-six miles. The total length of improved river and canal navigation will be four hundred and eighty miles, of which two hundred and fifty-four miles will be river slack-water navigation, and two hundred and twenty-six miles canal navigation. Constructed upon this scale, the canal would be adapted to boats carrying two hundred and eighty tons, and would have a capacity of four million tons annually. But there is no necessity that the canal should be restricted to this size. It could be made sufficiently large to accommodate boats of five hundred tons, and would then have a capacity of twenty-one million six hundred thousand tons. When this route shall have been completed, it is believed that it will present the shortest, cheapest, and best line from the Mississippi to the Atlantic. The distance from the Mississippi to Hampton Roads, by this route, is one thousand three hundred and thirty-three miles. The distance by the Illinois and Michigan canal, the lakes and Erie canal, to New York, is one thousand nine hundred and nineteen miles. By the Fox and Wisconsin improvement and lakes, to New York, it is one thousand five hundred and sixty miles. By the most direct railroad route to Chicago, and thence by the lakes to New York, it is one thousand seven hundred and thirty-one miles. By the Ohio river, Wabash canal, lakes, and Erie canal, to New York, it is one thousand four hundred and eighteen miles. By the Ohio river, Ohio canal, lakes, and Erie canal, to New York, it is one thousand six hundred and thirty-eight miles. The distance from the mouth of the Ohio, by the Mississippi river and Gulf, to New York, is two thousand eight hundred and seventy-six miles. It will thus be seen that the distance from the Mississippi river to Hampton Roads, by the Central mater line, is less by eighty-three miles than the shortest water route from the Mississippi to New York; five hundred and eighty-six miles less than by the longest northern water route, and one thousand five hundred and forty-three miles less than by the Gulf route. It will also be the cheapest route for all points on the Mississippi river between Memphis and Dubuque; for although there may be a slight difference in the actual cost of transportation, in favor of the Fox and Wisconsin and Lake route to New York, the fact that the latter route will be so much sooner closed by ice, and the consequent great pressure on it in the fall months, will continue to operate unfavorably to cheapness of transportation. The charges on wheat from Chicago to New York by the lakes and canal during this pressure go up as high as fifty-six cents per bushel, while on the central water line wheat can be carried for at least ten months in the year, and frequently all the year round, without any hurry or pressure for fear of being frozen up, at the rate of twenty-seven cents per bushel. There will thus a saving, the cheapest route, at some seasons, of twenty-nine cents per bushel, and as the rail roads charge on an average from sixty to seventy cents per bushel there will be a saving on those routes of from thirty-three to forty-three cents per bushel. It may therefore be safely assumed, that an average saving of thirty cents per bushel on the transportation of grain from the northwestern sates to the Atlantic, will be effected by the opening of the Virginia water line. Besides being the shortest and cheapest route it will also be the best. It will be better than the northern route by the lakes and Erie canal, because that route is closed for five months in the year, and at the very time when there is the greatest demand for transportation. It will also be better than that route on account of the great risk and danger to which navigation is subjected by the boisterous weather and the storms that prevail on the lakes during the fall and winter months. It will be better than the route by New Orleans and the Gulf on account of the greater length of that route; the loss of time thereby, and the great risk attending the navigation by the Florida Pass. It will be better than both of those routes, because it lies wholly within the territory of the United States, and will open an internal navigation from the Ohio, Mississippi and Missouri rivers and their branches by may of Chesapeake Pay, the Chesapeake and Delaware canal, the Delaware river and the Delaware and Raritan canal, to Baltimore, Philadelphia and New York, that will be secure from the attacks of an enemy in time of war; thus affording a safe and cheap means of transporting supplies from the interior to the seaboard cities, which would be impracticable by the other routes. If we should have a war with Great Britain, the routes by the Gulf and the lakes would be closed to commerce, and the railroads would be insufficient to carry the additional Freight that mould be thrown upon them. There would then be no avenue by which the products of the west could be carried to the Atlantic cities. The consequences would be a scarcity of provisions, high prices, and great suffering in the east, and no market, no money, and general dissatisfaction and depression in the west. A new water route is therefore indispensably necessary, and is demanded as much for the interests of the eastern as of the western states, and indeed for the whole country. It is estimated that the exportation of cereals from the states in the valley of the Mississippi, that would use the Virginia water line, if their increased production is not checked by want of transportation, will, in 1880, amount to five hundred million bushels. Of this crop, the Virginia canal, if constructed on the scale now proposed, could carry two million bushels at a saving of thirty cents per bushel on the present prices, which would be a saving of sixty million dollars per annum, on a part of the crop. But competition produced by the opening of this line would have the effect of cheapening transportation on all other lines, and if the saving by the use of this line should be only ten cents in the bushel on the whole crop, it would amount to fifty million dollars annually, which is more than the estimated cost of the work. There can not, therefore, be a shadow of a doubt that this work would pay for itself in one year, by the cheapening of transportation on grain alone, because, although the Virginia canal mould be inadequate to carry the whole surplus product of the west; still the: effect of its construction would be to cheapen transportation on other lines, at least ten cents in the bushel, and therefore, would affect the whole grain crop of the west to the amount stated, and put that much money in the pockets of the farmers. The question of cheap food is one of vital importance to the eastern states. Cheap food makes cheap labor, which is the foundation of the success of manufactures. High prices of food cause a demand for higher prices for labor, strikes among the operatives, interruptions to business, and general distress and loss in manufacturing communities. Cheap transportation would have the effect of reducing the price of provisions, and would thereby benefit the manufacturers of the east as much as it mould the farmers of the west. The people of the east are interested in this work in another way. Its construction would develop the inexhaustible mines of the Kanawha valley, and would throw into the markets of the east the best cannel, splint, and bituminous coals; and if the canal should be thrown open free of toll, these coals could be sent from the Kanawha valley to New York at a less price than the Cumberland and Pennsylvania coals. The development of this coal and of the immense beds of iron ore of East and West Virginia, in close proximity to each other, and on the very border of the canal and of the Chesapeake and Ohio railroad, would open up a new and boundless field for the enterprise and mechanical skill of the whole country. The immense trade that would be thrown on the canal and the railroad by the development of this almost virgin country, and by the opening of a cheaper line of communication with the west, and which would seek a market through the capes of Virginia, would revive and give a new impetus to the commercial and shipping interests of the eastern cities. Thus the agricultural interests of the west, the manufacturing and commercial interests of the east, and the defensive capacity of the country will be promoted by the opening of the Virginia water line, and it is for these reasons that Virginia and West Virginia, unable to finish this work, ask the aid of the government in completing this grand improvement, which appears to be so necessary for the prosperity, progress and power of the whole country. The estimated cost of the work is forty million dollars, and it is confidently believed that it can be completed in four years. It is respectfully asked that the Congress of the United States shall in such way as may seem to them best, either by direct appropriation or by a loan of the credit of the government, furnish the means for executing the work in four years. On her part, the state of Virginia will willingly relinquish all of her interest in the work, which is represented by more than ten million dollars, of which seven million four hundred thousand dollars is preferred stock, money actually expended in prosecuting the work to Buckhannon, and will turn the work over to the government to be completed in such manner as congress may direct. If Congress shall see fit to complete the work by direct appropriation, without a return of principal and interest, Virginia will further agree that the water line, as soon as completed, shall be thrown open to the public, free of toll, except so far as may be necessary to keep the road in repair. This suggestion is made with the broad view that it is a work in which the whole nation will be the stockholders, and that the money paid for its construction will be more than returned every year, principal and interest, in the saving of the cost of transportation, the cheapening of provisions, and the general development and prosperity of the country. But if this view should not prevail, it is not doubted that the money advanced by the government could be speedily returned, both principal and interest, from the revenues derived from tolls, and when that shall have been done, then the state will consent that the water line shall forever be a public highway, free of toll, except for purposes of repair. The state of West Virginia mill agree that the work shall be prosecuted, either under the management of the present company, subject to such regulations and restrictions as Congress may impose, or by commissioners appointed by the states of Virginia and West Virginia, who will hold the property as a sacred trust, for the benefit of the whole country; or that the prosecution of the work and the management of the property, when it shall have been completed, shall be committed to a board of eleven trustees, one of whom shall be appointed by the President of the United States, and one each by the states of Iowa, Missouri, Arkansas, Illinois, Indiana, Kentucky, Ohio, Virginia, West Virginia, and Maryland, as recommended by the National Board of Trade, at its annual session in December last; or in any other way in which its construction and management will best promote the prosperity and welfare of the whole country; therefore, Resolved, That our senators in Congress be instructed, and our representatives be requested to use their best efforts to obtain such aid from the general government as will secure the early completion of said line of water communication. 2. That the general assembly of the state of Virginia be and they are hereby respectfully requested to present to the congress of the United States a similar memorial, and, by resolution, request their representatives and instruct their senators to sustain the improvements or water line described 3. That a copy of these resolutions and the accompanying memorial be forwarded by the secretary of state to the President of the United States, President of the Senate, to the Speaker of the House of Representatives, and to each of our representatives and senators in the Congress of the United States. ADOPTED February 23, 1870. [No. 29.] Joint Resolution authorizing the Auditor to place a certain sum of money to the credit of John Alford, late Sheriff of Cabell county. WHEREAS, It appears that the auditor of this state put into the hands of John Alford, former sheriff of Cabell county, certain tax tickets amounting to four hundred and ninety dollars and eighty cents, which had been returned by John B. Baumgardner, collector of said county, as delinquent; and WHEREAS, It appears that instead of being delinquent, said Baumgardner had collected the same; therefore, Resolved by the Legislature of West Virginia, That the auditor is hereby authorized to credit said John Alford the said sum of four hundred and ninety dollars and eighty cents, on his account with the state as sheriff aforesaid, for the years eighteen hundred and sixty-one and eighteen hundred and sixty-two, and charge the same to the said J. B. Baumgardner. ADOPTED February 25, 1870. [No. 30.] Joint Resolution concerning the trial of Nathaniel Harrison, Judge of the Seventh Judicial Circuit. Resolved by the Legislature of West Virginia, That the parties who preferred the charges against Nathaniel Harrison, judge of the seventh circuit, be permited, upon the trial of said Harrison, in person or by counsel, to appear for the prosecution of the charges aforesaid. 2. That such persons, or their counsel, shall be permitted to introduce and examine the testimony, and in all respects to conduct said trial against said Harrison. 3. That no person shall be permitted to speak more than ten minutes on any motion or question of law or evidence connected with said trial, unless the session shall be extended for the trial aforesaid; provided, that both the counsel for the prosecution and defense, shall each have three hours in which to argue the case at the close of the testimony. 4. That House joint resolution number twenty-two be so modified as that, on any question arising in connection with or during the progress of said trial, and until the final question betaken, the vote of the respective bodies may be taken in the hall of the House of Delegates, without the necessity of senators withdrawing to their chambers for the purpose of voting. [No. 31.] Joint Resolution extending the powers of the Joint Special Committee to investigate alleged discriminations on freight and passengers by the Baltimore and Ohio Railroad. Resolved by the Legislature of West Virginia, That the joint special committee appointed under House joint resolution number eighteen of the present session, to investigate alleged discriminations against citizens of this state by the Baltimore and Ohio railroad, in charges for freight and passengers, have power to sit after the adjournment of the legislature, at such place and time as the committee may determine. The said committee, if they deem it necessary so to do, may employ a clerk. Four of said committee shall constitute a quorum. The said committee shall report to the next regular session of the legislature. ADOPTED February 28, 1870. [No. 32.] Joint Resolution proposing an Amendment to the Constitution of the State. Resolved by the Legislature of West Virginia, The following is proposed as an amendment to the constitution of this state, to be substituted for section one of article three thereof, and to become part of the said constitution, when ratified according to the provisions thereof, namely: "The male citizens of the state shall be entitled to vote at all elections held within the election districts in which they respectively reside; but no person who is a minor, or of unsound mind, or a pauper, or who is under conviction of treason, felony, or bribery in an election, or who has not been a resident of the state for one year, and of the county in which he offers to vote for thirty days next preceding such offer, shall be permitted to vote while such disability continues." ADOPTED February 28, 1870. [No. 33.] Joint Resolution raising a Joint Committee to confer with the Commissioners appointed by the State of Virginia, to adjust the Public Debt with the State of West Virginia. WHEREAS, The state of Virginia, by act approved February the eighteenth, eighteen hundred and seventy, provided for the appointment of three commissioners to treat with the authorities of the state of West Virginia upon the subject of a proper adjustment of the public debt of the state of Virginia; and WHEREAS, The governor by a communication dated February twenty-fourth, eighteen hundred and seventy, notified the legislature of the passage of the above recited act; and WHEREAS, The governor on the twenty-eighth of February, eighteen hundred and seventy, notified the legislature that said commissioners, on the part of Virginia, and been appointed, and are now in the city of Wheeling for the purpose of carrying said act, above recited, into effect, therefore, Resolved by the Legislature of West Virginia, That a joint committee of two upon the part of the Senate and three upon the part of the House of Delegates, be appointed by the presiding officers of their respective bodies, to confer with said commissioners, and report to this legislature the result of said conference. 2. All communications connected with said commission are hereby referred to said committee. ADOPTED March 1, 1870. [No. 34.] Joint Resolution directing the Auditor to show in his next annual report all the levies made by State, County and Township authorities for the last year. WHEREAS, It is represented to the present legislature that the taxes levied and collected in many of the counties in this state, by county and township boards, for county, township, school and road purposes are extravagantly high, onerous, and ought not to be borne, and it being the duty of the representatives of the people to enquire into said complaints, and if found to exist, apply a corrective, and to enable the legislature at its next session to learn the truth of said complaints, have before them sufficient facts to enable them to correct the evil, if found to exist, therefore Resolved by the Legislature of West Virginia, That the auditor ascertain from the proper authorities of the several counties of this state, the amount of taxes levied therein for the last year, and the purposes for which the several levies were made, and that he make out a statement in tabular form to accompany his next annual report, showings the amount of such taxes and the several purposes for which they were laid, with the state taxes for that year, including schools, so as to allow the burthen borne by the people of the several counties of this state in the form of taxation; also allowing the per centum of said burthen upon the real and personal taxable property of the several counties. ADOPTED March 1, 1870. [No. 35.] Joint Resolution adding two members to the joint special committee to confer with the Virginia commissioners. Resolved by the Legislature of West Virginia, That Daniel Lamb, on the part of the house, and one member on the part of the senate, be added to the joint special committee, to confer with the commissioners of Virginia, in relation to the Virginia state debt. ADOPTED March 1, 1870. [No. 36.] Joint Resolution to instruct the attorney general to institute proceedings in the nature of quo warranto against the corporation known as the Moorefield and South Branch Turnpike Company. WHEREAS, The Moorefield and South Branch Turnpike company have failed to put and keep in order that portion of their road which lies in the counties of Pendleton and Grant; and, whereas, the said company have forfeited the franchise in so much of said road, as lies in said counties by such failure and by non-user; therefore, Resolved by the Legislature of West Virginia, That the attorney general institute such proceedings as may be necessary to secure the forfeiture of the franchises of said company, in so much of the said road as lies in said counties. ADOPTED March 1, 1870 [No. 37.] Joint Resolution to allow a certain credit to John W. Hobbs, late sheriff of Hancock county. WHEREAS, John W. Hobbs, late sheriff of Hancock county, has by a misunderstanding failed to make sale of the delinquent lands for the years eighteen hundred and sixty-three and eighteen hundred and sixty-four; and whereas, since the year eighteen hundred and sixty-five, a list of the lands and lots mentioned in said delinquent lands list of eighteen hundred and sixty-three and eighteen hundred and sixty-four, has since been transmitted by the auditor to, and said lands and lots sold by the sheriff of said county in the year eighteen hundred and sixty-eight; and whereas, without action on the part of the legislature, the auditor can not place to the credit of said John W. Hobbs, the amount of taxes and interest charged in said lists; therefore, Resolved by the Legislature of West Virginia, That the auditor is hereby authorized to enter such amount of said delinquent lists to the credit of John W. Hobbs, late sheriff as aforesaid. ADOPTED March 2, 1870. [No. 38.] Joint Resolution fixing the amount of mileage to be paid certain witnesses for Nathaniel Harrison. Resolved by the Legislature of West Virginia, That J. M. D. Alderman, a witness on behalf of Nathaniel Harrison, from Pocahontas county, receive the same mileage as witnesses in the same case from Greenbrier county; and that William P. Rucker receive the same mileage as other witnesses from Nicholas county. ADOPTED March 3, 1870. [No. 39.] Joint Resolution authorizing the purchase by the Governor of three hundred copies of the book entitled the "West Virginia Handbook." WHEREAS, No appropriation was made for the current year for the distribution of information in regard to the resources of the state, by the Commissioner of Immigration, Resolved by the Legislature of West Virginia, That the governor be authorized to purchase three hundred copies of the West Virginia Hand Book, of two hundred pages, with map, as a cost not to exceed two hundred and fifty dollars, to be paid out of the contingent fund, for gratuitous distribution to strangers applying to him for information upon the resources of the state. ADOPTED March 3, 1870. [No. 40.] Joint Resolution relating to the adjustment of the public debt with the commissioners appointed for the purpose by the State of Virginia. Resolved by the Legislature of West Virginia, That the governor appoint three resident citizens of this state, one from each congressional district, to treat with authorities o of the state of Virginia on the subject of a proper adjustment of the public debt of that state, due or incurred prior to the first day of January eighteen hundred and sixty-one, and a fair division of the property belonging to that state on that day; and make report thereof to this legislature for its approval or disapproval at its next regular session, with the facts and documents upon which their report is founded. Provided, that nothing herein contained shall be construed as waiving or impairing in any way the rights of this state to jurisdiction over the counties of Berkeley and Jefferson. 2. The commissioners so to be appointed shall proceed without delay in the execution of their duties, and as compensation for their services, shall receive six dollars per day for the time actually employed therein, and the same mileage as that allowed to members of the legislature. ADOPTED March 3, 1870. [No. 41.] Joint Resolution providing for the payment of D. L. Davis, Sergeant-at-arms, and William A. Janes, deputy for the Sergeant-at-arms of the House of Delegates, in summoning the witnesses in the case of Nathaniel Harrison, under joint resolution of this Legislature. Resolved by the Legislature of West Virginia, That D. L. Davis be allowed the sum of thirty-eight dollars and fifty cents, and William A. Janes be allowed the sum of one hundred and ninety-four dollars and ten cents, for expenses incurred, and per diem for ten days, in summoning the witnesses in the case of Nathaniel Harrison; and that the sergeant-at-arms of the House of Delegates be instructed to issue his warrants to them for those amounts. ADOPTED March 3, 1870. [No. 42.] Joint Resolution fixing the mileage of Zachariah Trueblood, a witness of Nathaniel Harrison. Resolved by the Legislature of West Virginia, That Zachariah Trueblood, a witness summoned here in behalf of Nathaniel Harrison, late judge of the seventh judicial circuit, from Greenbrier county, be allowed the same mileage that has been allowed to witnesses in the same case, from the same county. ADOPTED March 3, 1870. [No. 43.] Joint Resolution directing the publication of certain acts with the Code. Resolved by the Legislature of West Virginia, That the publisher of the code be and he is hereby authorized to publish with the same, as an appendix thereto, the several acts passed during the present session, amending and re-enacting certain sections and chapters of said code. ADOPTED March 3, 1870. [No. 44.] Joint Resolution directing the Secretary of State to furnish each member of the Legislature with a copy of the code of West Virginia. Resolved by the Legislature of West Virginia, That the secretary of state furnish to each member of this legislature one copy of the code of West Virginia, including the acts ordered by this legislature to be incorporated therein, and indexed. ADOPTED March 3, 1870.