The question being on agreeing to Mr. PAUL'S amendment; a pending which, A message was received from the House of Delegates by 1 GRAVES, who informed the Senate that that House was ready on part to proceed to the execution of the joint order of the day, wh has for its object the election of a judge for the county court Carroll, to fill the unexpired term of Judge Garland Hale, resign Whereupon, On motion of Mr. BLAND, the consideration of the preamble & joint resolution was passed by for the purpose of proceeding to execution of the said joint order. On motion of Mr. MASSEY, it was Ordered, That he inform the House of Delegates that the Sen is ready on its part to proceed to the execution of the joint order the day. Mr. DICKENSON nominated David W. Bolen for the office of ju of the county court of Carroll; and on his motion, it was Ordered, That he inform the House of Delegates that David Bolen is the only person in nomination in the Senate for that office A message was received from the House of Delegates by Mr. Kı who informed the Senate that no additional nomination had b made in that House for the office of judge of the county cour Carroll. The roll was then called with the following result : For David W. Bolen, 36 Senators who voted for Mr. Bolen, are-Messrs. Betts, Bland, Bliss, Bro Chiles, Daniel, Dickenson, Elliott, Fulkerson, Gayle, Goode, Griffin, Hairs Hurt of Halifax, Hurt of Pittsylvania, Johnson, Koiner, Lee, Massey, Moul Nash, Norton, Nunn, Paul, Phlegar, Powell, Sherrard, Slemp, Smith, Spi Stevens, Tanner, Tyler, Walston, Ward, and Wood—36. The PRESIDENT appointed Messrs. DICKENSON, TYLER, and HAIRS a committee on the part of the Senate, to meet a similar commi on the part of the House of Delegates, and count the joint v , who, through their chairman, Mr. DICKENSON, reported: David W. Bolen having received a majority of all the votes was declared duly elected judge of the county court of Carroll fill the vacancy occasioned by the resignation of Judge Garl Hale. The preamble and joint resolution, the consideration of which passed by for the purpose of proceeding to the execution of the jo order of the day, was then taken up; and the question being greeing to the amendment proposed by Mr. PAUL to the substitute posed by the House of Delegates, Mr. TYLER demanded the previous question, which was refused; Mr. GRIFFIN demanded the previous question; whereupon, Mr. BLAND demanded the pending question, which was ordered; and the question on the adoption of the said amendment being put, as determined in the negative--ayes 8; noes 27. On motion of Mr. PAUL, the vote was recorded as follows: AVES-Messrs, Bliss, Fulkerson, Massie. Norton, Paul, Powell, Slemp, and NOES-Messrs. Betts, Bland, Brooke, Chiles, Daniel, Dickenson, Elliott, Gayle, Go, Grillim. Hairston. Hurt of Halifax, Hurt of Pittsylvania, Johnson, Koiner, Moulton, Nash, Phlegar, Sherrard, Smith, Spitler, Stevens, Tyler, Wal-ton, ol and Wortham-27. The question recurring on the adoption of the amendment proposed Mr. HURT of Halifax, to strike out the whole of the preamble the substitute proposed by the House of Delegates, Mr. PHLEGAR moved to amend to the preamble by striking out in de 16th and 17th lines the words "impracticability of increasing the resent rate of taxation," and inserting in lieu thereof, the words **resent burdens of taxation.” The question being on the adoption of Mr. PHLEGAR's amendment, Mr CHILES demanded the previous question, which was ordered; d being put on agreeing to Mr. PILEGAR'S amendment, was deterned in the negative-ayes 12; noes 21. On motion of Mr. BROOKE, the vote was recorded as follows: ATES-Messrs. Betts, Bland, Bliss, Daniel, Dickenson, Gayle, Hairston, Hurt of toffer, Johnson. Phlegar, Walston, and Wortham-12. No-Messrs. Brooke, Chiles, Elliott, Fulkerson, Goode, Griffin, Hurt of Pitta, Koiner, Massey, Moulton, Nash, Norton, Paul, Powell, Sherrard, Slemp, th, Spitler, Tyler, Ward, and Wood-21. The question recurring on agreeing to the amendment proposed by AYES-Messrs. Betts, Bland, Bliss, Daniel, Dickenson, Gayle, Hurt of Halifax, The question on the adoption of the substitute proposed by the House of Delegates being put, was determined in the affirmativeyes 24; noes 9. On motion of Mr. BROOKE, the vote was recorded as follows: AYES-Messrs. Bliss, Brooke, Chiles, Dickenson, Elliott, Fulkerson, Go Griffin, Hairston, Hurt of Pittsylvania, Koiner, Massey, Moulton, Nash, Nort Paul, Powell, Sherrard, Slemp, Smith, Spitler, Tyler, Ward, and Wood-24. NOES-Messrs. Betts, Bland, Daniel, Gayle, Hurt of Halifax, Johnson, Phile; Walston, and Wortham-9. On motion of Mr. BROOKE, it was Ordered, That he inform the House of Delegates thereof. A message was received from the House of Delegates. by ASHTON, who informed the Senate that that House had passed a entitled an act to amend and re-enact section thirty-two of chap eight of the Code, 1873, in reference to the counting of the vote board of state canvassers in cases of special elections, No. 67. On motion of Mr. DANIEL, Resolved, That the testimony taken before the committee appoin to investigate the affairs of the Upper Appomattox company be prin as the investigation proceeds, for the use of said committee. On motion of Mr. CHILES, Resolved, That the committee of privileges and elections be structed to enquire into the condition of the sergeant-at-arms, report to this body whether the said sergeant will be able in any sonable time to resume his duties. Mr. DANIEL offered the following preamble and joint resoluti which lie over under the rules: Resolved by the general assembly of Virginia, That whereas condition of the country is such, that to mitigate the extreme finan and business depression, the energies and abilities of every state the Union should be unshackeled, and whatever of financial capa or resources it possesses, should be given full play; and whereas, congress of the United States, by an act of doubtful constitutional has virtually destroyed all banks of issue in the state by levyin tax of ten per cent. on the circulation of state banks; a tax not signed as a revenue measure, but simply to annihilate the currency the states; whereas, we deem such act as in contravention of spirit of free government and as oppressive upon states struggl under large public indebtedness, and as calculated to embarrass impede the financial measures necessary to maintain public cre and whereas, congress has also imposed a tax on the stocks and posits of banks, which is inevitably calculated to create, and created, high rate of interest, and made usurious exactions to the of banking; therefore, be it resolved, First. That the congress of the United States be and it is her respectfully and earnestly memoralized to repeal the tax on the ci lation of state banks, and also the tax on bank stock and deposits. Second. That the governor be requested to send a copy of th resolutions to each of our senators and representatives in congi and that they are respectfully requested to lay them before the Ser and House of Representatives, and to urge action accordingly. Mr. HURT of Halifar, offered the following preamble and resoluons, which were agreed to: Whereas it appears from the last annual report of the superintendent of public instruction, that the sum of $839,274 63 was expened by the board of education for the support of the public free cols of this commonwealth for the year ending July 31, 1878; ati whereas, it further appears from the said report, that out of this sum the teachers of the public free schools received only the sum of $1,565 64; and whereas it further appears from the said report, that the sum of $151,705 99 was paid to officers connected with the the schools and in disbursing the said sum of $687,568 64, and for Stingent expenses; therefore, be it Resolved, That the committee on education be instructed to enquire and report a detailed statement of what disposition was made of The said sum of $151,705 99. Resolved, That the said committee be further instructed to enquire into and report by whom and under what authority the Virginia Eduonal Journal is published; whether the cost of the publication fereof, or any part of the cost of said publication, is now or has been borne by the school fund; and if so, what has been the annual exTenditures from said fund on account of said publication, and that the il committee be authorized to send for persons and papers. Mr. FULKERSON, by leave, presented No. SS. Senate bill to amend and re-enact sections 44 and 45 of pter sixty-one of the Code of 1873, concerning the rights and ties of purchasers of the works and property of internal improvement companies; which, on his motions, was read the first and ordered | to be read a second time, and referred to the committee for courts of tive. Mr. HURT of Pittsylvania, by leave, presented No. 89. A bill to incorporate the Virginia marble and mining comay; which, on his motions, was read the first and ordered to be read Acond time, and referred to the committee on agriculture, mining Imanufacturing. V. SMITH offered the following joint resolutions; which lie over der the rules: Resolved by the general assembly, That the board of public works e and they are hereby instructed to procure the calling of, as soon as Pible under existing laws, general meetings of the stockholders of the Atlantic, Mississippi and Ohio railroad company, the Norfolk and Petersburg railroad company, the Southside railroad company, and Virginia and Tennessee railroad company, respectively; and that d board of public works, either in person or by the attorney-general, such other agents as the said board may select, attend said meetings the stockholders of said company, respectively, and confer with stockholders concerning the condition of their affairs, and their ons to, and interests in, the suit now pending in the circuit court the United States for the Eastern district of Virginia, styled meis S. Kiddy, Wm. Butler Duncan and Samuel L. M. Barlow, trustees, vs. The Atlantic, Mississippi and Ohio railroad company, als.; and said board shall especially ascertain 1st. Whether the No folk and Petersburg railroad company, and Southside railroad cor pany, and Virginia and Tennessee railroad company, have been ma parties to said suit; and if not, why not. 2d. Whether any, and any, what arrangements by lease, or otherwise, have been entered in by said last mentioned companies, or any one of them, for the use their franchises and properties by the Atlantic, Mississippi and Oh railroad company, as authorized by the seventh section of the chart of said last named company. 3d. Whether the Atlantic, Mississip and Ohio railroad company has any, and if any, what right, title an interest in, and to, the franchises and corporate property of the oth three companies aforesaid, other than such right and interest as po tains to it as the largest stockholder in each one of said three con panies. 4th. Whether any, and if any, what adequate steps ha been taken to cause the rights of the three companies aforesaid to properly brought before the court aforesaid. 5th. What should done, whether by appeal in the name of the Atlantic, Mississippi a Ohio railroad company, as defendants, or by the appearance of t other three companies in said snit, or by legislation or otherwise, prevent injustice being done to said three companies and their cred tors and stockholders by the sale and sacrifice of their property protect the rights of the commonwealth as a creditor, and to gua the public interests, which the franchise of said companies were: tended to promote; and that said board of public works report t results of their enquiries to the general assembly. 2. The sum of five hundred dollars is hereby appropriated for t purposes herein set forth, and the board of public works may disbur the same, if in their judgment it be deemed expedient and proper to do, in payment of any necessary expenses incurred in carrying o the purposes of this joint resolution. 3. This joint resolution shall be in force from its passage. On motion of Mr. WALSTON, the rules being suspended therefor, t joint resolutions were laid on the table and ordered to be printed. On motion of Mr. PILEGAR, the Senate adjourned until to-morro twelve o'clock. TUESDAY, JANUARY 14, 1879. Mr. QUESENBERRY in the Chair. A communication from the House of Delegates by their clerk, v read as follows: In House of Delegates, January 13, 1879. The House of Delegates have passed House bill entitled an act amend and re-enact section 36 of chapter 49 of the Code of Virgin edition of 1873, so as to authorize courts or judges thereof, in va |