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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 438   View pdf image (33K)
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438 JOURNAL OF PROCEEDINGS [Mar. 6,

am informed, has just passed the other branch, and is,
therefore a law,) which allows of a bill enacted and re-
pealed, or rejected, at the present session, to be re-enacted at
the same, thus paralyzing the force of the parliamentary law
alluded to; but the bill before the Senate was introduced, it
will be remembered, before that of the enabling act,
and therefore cannot be affected by said act. The enabling
act can only take effect from the time of its passage, and hence
to accomplish the desired purpose, under the operation of such
act, a fresh bill must be introduced by the friends of the city
bill. Such proceeding, under the enabling act, will be per-
fectly in order at this stage.

In giving the decision, just made, I differ most reluctantly
with Senators who have discussed this question, and for whose
opinions I have great respect; but the views I entertain of the
principles of law in the case, leave me no alternative.

The Chair therefore is of opinion that it is not competent
for the bill, now before the Senate, to be considered a second
time during this session, after it has been once enacted and re-
pealed at the same session.

Mr. Kimmel asked permission to introduce a leave;

Determined in the negative by yeas and nays as follow:

Two-thirds not voting.

 

AFFIRMATIVE.

Messrs. Bowie,
Broadwater,
Compton,
Earle,
Henkle,
Jump,
Kimmel,

Mackall,
Stephenson,
Stirling,
Vickers,
Waters,
Young— 13.

Messrs. Billingslea,
Davis, of Caroline,
Davis, of Washington
Frazier,
Holton,

NEGATIVE.

Mules,
Philpot,
Spates,
Trail— 9.

Mr, Henkle took an appeal from the decision of the Chair
which he subsequently withdrew; but

Mr. Henkle, Mr. Stephenson and Mr. Earle stated they did
not agree with the decision of the Chair on the point decided.

Mr. Kimmel asked leave to withdraw said bill from the files
of the Senate;

Determined in the affirmative.
Mr. Earle, from the Committee on Finance, reported a bill

 

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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 438   View pdf image (33K)
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