Mr. MORRIS demanded the yeas and nays upon the adoption of Mr. Sample's amendment, which were ordered, and the amendment rejected. Yeas....... Those voting in the affirmative are: 10 ..55 Messrs. Brandon, Dromgoole, Fulkerson, Hill of Warren, Hill of Gibson, Ivie, Key, Martin, Netherland and Sample—10. Those voting in the negative are: Messrs. Arledge, Bate, Baxter, Blizard, Branson, Britton, Brooks, Brown of Davidson, Burkett, Burton, Byrne, Campbell, Carter, Coffin, Deaderick, Deavenport, Dibbrell, Doherty, Fentress, Fielder, Finley, Gardner, Garner, Gaut, Gibbs, Gibson, Heiskell, Henderson, House of Williamson, House of Montgomery, etc., Jones of Giles, Kennedy, Kirkpatrick, Kyle, Mabry, McNabb, Meeks, Morris, Nicholson, Parker, Porter of Haywood, Porter of Henry, Shepard, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, Turner, Walters, Williamson, Wright and President Brown-55. Mr. JONES, of Giles, moved that the Convention adjourn until the regular hour of meeting to-morrow morning. Mr. MORRIS demanded the yeas and nays, which were ordered, and the motion to adjourn sustained. Yeas........ Those voting in the affirmative are : 46 19 Messrs. Allen, Bate, Baxter, Brandon, Branson, Britton, Brooks, Brown of Davidson, Byrne, Carter, Cypert, Deaderick, Deavenport, Dibbrell, Dromgoole, Finley, Gardner, Gibbs, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, House of Montgomery, etc., Ivie, Jones of Giles, Key, Kyle, Mabry, McNabb, Meeks, Netherland, Nicholson, Parker, Porter of Haywood, Sample, Seay, Shepard, Staley, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, Walters, Warner and Williamson-46. Those voting in the negative are: Messrs. Blizard, Burkett, Campbell, Doherty, Fentress, Fielder, Fulkerson, Garner, Gaut, Gibson, Kennedy, Kirkpatrick, Martin, Morris, Porter of Henry, Turner, Wright and President Brown 19. SATURDAY MORNING FEBRUARY 12, 1870. The Convention met pursuant to adjournment, Mr. President BROWN in the Chair. The Journal of yesterday was read and approved. LEAVE OF ABSENCE. On motion of Mr. WALTERS, leave of absence was granted Mr. McDougal on account of sickness. REPORTS OF COMMITTEES. Mr. GARDNER, from the Committee on Finance, Internal Improvements and Corporations, made the following report: The Committee have had under consideration the proposition of the delegate from Montgomery (Mr. Kennedy) on the subject of the further issue of State bonds, and a majority of said Committee have instructed me to report the following in lieu of the original proposition, and to recommend its adoption: "No bonds of the State shall be issued to any railroad company, which, at the time of its application for the same, shall be in default in paying the interest upon State bonds previously loaned to it; or that shall hereafter, and before such application, sell, or absolutely dispose of any State bonds loaned to it for less than par. All of which is respectfully submitted. JOHN A. GARDNER, MINORITY REPORT. Mr. SEAY, from the minority of the Committee on Finance, etc., made the following report on the proposition of Mr. Kennedy: "The undersigned cannot concur with the report of the majority of the Committee on said proposition, and beg leave to submit the following reasons: 1st. Because we believe the subject matter of said proposition to be more properly matter for legislation, and should be left to be regulated and controlled by the Legislature and not embodied in the organic law of the State. We believe that the Legislature, coming fresh from the people every two years, will be enabled to legislate in regard to such matters so as best to promote the interests of the Commonwealth and of the people, and in a republican form of government can be safely trusted to protect the interests of the State and citizens in such matters. 2nd. Because we insist that said proposition not only trenches upon what is more properly a subject for the Legislature to control, but one which should be left to be passed upon by the Judiciary, should a necessity therefor ever arise, and can be safely trusted in their hands. 3rd. We believe it to be in violation of the spirit of the Constitution of the United States, which declares that "no State shall pass any law impairing the obligation of contracts." All of which is respectfully submitted. GEO. E. SEAY. On motion of Mr. PORTER, of Haywood, it was ordered that the reports be laid on the table, and 100 copies be printed for the use of the Convention. MEMORIAL. Mr. KENNEDY presented a memorial from the County Court of Montgomery County, praying for a provision to be made to compel the property-holders of the fractions of said county which have been attached to other counties to pay their proportion of the railroad tax; which, without being read, was referred to the Committee on New Counties and County Lines. REPORT ON LEGISLATIVE DEPARTMENT FURTHER CONSIDERED. The Convention resumed the consideration of the unfinished business of yesterday. Mr. GIBSON demanded the yeas and nays upon the adoption of Mr. Carter's amendment in lieu of paragraph 3, of Section 28, which were ordered, and the amendment adopted. Those voting in the affirmative are: Messrs. Allen, Brandon, Branson, Britton, Brooks, Burton, Car ter, 'Chowning, Cypert, Deaderick, Dromgoole, Fentress, Fielder, Finley, Fulkerson, Garner, Gibson, Gordon, Henderson, Hill of Warren, Hill of Gibson, Ivie, Jones of Lincoln, Jones of Giles, Key, Kirkpatrick, Kyle, Mabry, McNabb, Martin, Meeks, Morris, Netherland, Nicholson, Parker, Sample, Taylor, Thompson of Maury, Walters and Warner-41. Those voting in the negative are : Messrs. Bate, Baxter, Blizard, Brown of Davidson, Brown of Henry, etc., Burkett, Byrne, Campbell, Coffin, Deavenport, Dibbrell, Doherty, Gardner, Gaut, Gibbs, Heiskell, House of Williamson, House of Montgomery, etc., Kennedy, Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, Stephens, Thompson of Davidson, Turner, Williamson, Wright and President Brown-30. Mr. HEISKELL demanded the yeas and nays on the adoption of paragraph 3, Section 28, as thus amended, which were ordered, and the paragraph adopted. Yeas...... Those voting in the affirmative are: 41 30 Messrs. Allen, Baxter, Brandon, Branson, Britton, Brooks, Burkett, Carter, Chowning, Cypert, Deaderick, Dromgoole, Fentress, Fielder, Finley, Fulkerson, Garner, Gibson, Gordon, Henderson, Hill of Warren, Hill of Gibson, Ivie, Jones of Lincoln, Jones of Giles, Key, Kirkpatrick, Kyle, Mabry, McNabb, Martin, Meeks, Morris, Netherland, Nicholson, Parker, Sample, Staley, Thompson of Maury, Walters and Warner—41. Those voting in the negative are: Messrs. Bate, Blizard, Brown of Davidson, Brown of Henry, etc., Burton, Byrne, Campbell, Coffin, Deavenport, Dibbrell, Doherty, Gardner, Gaut, Gibbs, Heiskell, House of Williamson, House of Montgomery, etc., Kennedy, Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, Stephens, Taylor, Thompson of Davidson, Turner, Williamson, Wright and President Brown―30. Mr. GARNER moved to reconsider the vote adopting the paragraph, and further moved to lay the motion to reconsider on the table, which latter motion was adopted. Mr. JONES, of Lincoln, moved to amend by striking out the fourth paragraph. Mr. KENNEDY offered the following in lieu of paragraph 4: "The Legislature shall have power to levy a tax upon incomes derived from stocks and bonds that are not taxed ad valorem.” Mr. BAXTER demanded the previous question, which was sustained. Mr. JONES, of Lincoln, demanded the yeas and nays on his motion to strike out, which were ordered, and the motion to strike out rejected. Yeas... Those voting in the affirmative are: ...14 ..53 Messrs. Branson, Coffin, Dromgoole, Finley, Garner, Gibson, Jones of Lincoln, Kyle, Nicholson, Parker, Sample, Staley, Thompson of Maury and Williamson—14. Those voting in the negative are: Messrs. Allen, Bate, Baxter, Blizard, Brandon, Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, Byrne, Campbell, Carter, Chowning, Deaderick, Deavenport, Dibbrell, Doherty, Fentress, Fielder, Fulkerson, Gardner, Gibbs, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, House of Montgomery, etc., Ivie, Jones of Giles, Kennedy, Key, Kirkpatrick, Mabry, McNabb, Martin, Meeks, Morris, Netherland, Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, Stephens, Taylor, Thompson of Davidson, Turner, Walters, Warner, Wright and President Brown-53. Mr. JONES, of Lincoln, demanded the yeas and nays on the adoption of Mr. Kennedy's amendment in lieu, which were orordered, and the amendment in lieu adopted. Yeas... Those voting in the affirmative are : ..67 2 Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, Byrne, Campbell, Carter, Chowning, Coffin, Cypert, Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Finley, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, House of Montgomery, etc., Ivie, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Mabry, McNabb, Martin, Meeks, Morris, Netherland, Nicholson, Parker, Porter of Haywood, Porter of Henry, Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, Turner, Walters, Warner and President Brown-67. Those voting in the negative are: Messrs. Jones of Lincoln and Williamson--2. |