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Senate.

Saturday, March 30, 1861,

Covington and Ohio Railroad.--The order of the day, the Covington and Ohio Railroad bill, was considered on motion of Mr. Smith.

Mr. Brannon offered his substitute and advocated its passage.

Mr. Wickham proposed an amendment to the substitute, which was rejected.

The vote on the substitute was then, taken, and adopted — yeas 17, noes--.

A motion to reconsider, was lost.

Mr. Wickham proposed another amendment to the substitute, to come in at the end of the second section, which was adopted.

The substitute as amended was then voted on, and rejected for want of a constitutional majority — yeas 23, nays 12.

The following is the substitute as amended :

Whereas, the state has undertaken to construct the Covington and Ohio Railroad, for the purpose of securing a continuous line in connection with the Virginia Central Railroad, to the Ohio river; and whereas, large sums of money have been appropriated out of the Treasury for the construc- tion of the said Covington and Ohio Railroad, a part of which remains at this time unexpended and has subscribed stock to, and made loans of money to, the said Virginia Central Railroad Company; and whereas, the completion of the said Covington and Ohio Railroad will involve still more heavy additional appropriations to complete and equip the same; and whereas, it is the desire of the General Assembly to avoid further appropriations for that purpose, and to invite the employment of means other than the means and credit of the Commonwealth to secure the com- pletion of the said continuous line of road from the city of Richmond to the Ohio river:

  1. 1. Be it therefore enacted by the General Assembly of Virginia. That in consideration of the Virginia Central Railroad Company undertaking and agreeing to complete the construction of a railroad from Covington, in the county of Allegheny, to the mouth of Big Sandy river, in the county of Wayne, upon the route and plan adopted for the Covington and Ohio Railroad, within eight years from the passage of this act, all the rights, franchises, works, and property of the Covington and Ohio Railroad Company, together with any unexpended balances of appropriations to the said Covington and Ohio Railroad, are hereby transferred to the Virginia Central Railroad; and all the road, works, rights, and property of the Blue Ridge Railroad Company are in like manner hereby transferred to the said Virginia Central Railroad Company, free from the contract of the said Virginia Central Railroad Company, in respect thereto, for the payment of tolls and other purposes; and the said Virginia Central Railroad Company is hereby released from the payment of the principal and interest of the loan of six hundred thousand dollars, made by an act of the General Assembly, passed the 9th day of February, 1860; and any balance of said loan, so authorized by said act, and not yet paid to said company, shall be paid to said company whenever demand is made therefore, free from any demand on the part of the State.-- The work on the Covington Road shall not be suspended by the Board of Public Works until the provisions of this act shall be accepted by the Virginia Central Railroad Company; and the Commissioners of the Sinking Fund are hereby authorized and required to invest in the bonds is- sued, for the construction of the Covington Road, the sum of one hundred and fifty thousand dol- lars, at ninety-two cents in the dollar, for the temporary relief of the contractors on said road-- the said one hundred and fifty thousand dollars is to constitute a part of the appropriation hereto- fore made to the Covington and Ohio Railroad.
  2. 2. The said Virginia Central Railroad Company shall complete and equip the said road to the White Sulphur Springs, within three years; to Loup Creek Shoals, on the Kanawha river, in six years; and to the mouth of Big Sandy river, in eight years from the passage of this act.
  3. 3. It the said Virginia Central Railroad Company, in a general meeting of the stockholders, shall accept the provisions of this act, and certify a copy of such order of acceptance to the Board of Public Works, then the said Virginia Central Railroad Company shall be invested with full title to all the property, works, rights, and franchises of the said Covington and Ohio Railroad Company, together with any unexpended balances of appropriations to the said Covington and Ohio Railroad; which said unexpanded balances shall be drawn from the Treasury at the time and according to the provisions of the laws authorizing the same; and in like manner the said Vir- ginia Central Railroad Company shall be invested with all the rights, franchises, works, and pro- perty of the Blue Ridge Railroad Company, free from their obligation to pay tolls for the use of the said road; and the said Virginia Central Railroad Company shall also be discharged from their obligation to pay the principal and interest of the loan of six hundred thousand dollars, au- thorized by the said act of the 9th of February 1860, and shall have the right to draw any bal- ances of the said loan which may not have been paid to said company, free from their obligation to pay the principal or interest of the same.
  4. 4. The unexpended balances of the appropriations heretofore made to the Covington and Ohio Railroad shall be expended in the construction of said road west of Covington, and not otherwise.
  5. 5. All the contracts of the Covington and Ohio Railroad Company shall be binding and valid upon the said Virginia Central Railroad Company.
  6. 6. If the said Virginia Central Railroad Company shall fail to complete the said road from Covington to the White Sulphur Springs within three years, or shall fail to complete said road to said Loup Creek Shoals within six years, or shall fail to complete the said road to the month of Big Sandy river within eight years from the passage of this act, then, in either of the said events, the said Virginia Central Railroad Company shall forfeit to the Com- mon wealth all the rights, franchises, works, and property hereby granted to them in respect to the Covington and Ohio Railroad, together with the work which said Virginia Central Railroad Com- pany may have constructed west of Covington; and the contract of said company, in respect to the payment of tolls for the use of the Blue Ridge Railroad, shall be deemed to be reinstated, and have the same force and effect as if this act had not passed, and shall pay any tolls that would have accrued if this act had not passed, and shall pay the principal and interest of said loan that would have accrued if this act had not been passed, and continue to pay the same according to the pro- visions of the act authorizing the said loan.
  7. 7. The said Virginia Central Railroad Company shall have power to increase their capital stock from time to time, not exceeding ten millions of dollars, and to borrow money and execute mort- gages and other liens on the entire line of road from Richmond to the Ohio river, and on other property of said company; and on the revenues thereof to secure the payment of the principal and interest of the same.
  8. 8. The said Virginia Central Railroad Company and the said road, shall in all respects to said en- tire line to the Ohio river and to all the parts thereof, and in all other respects, be subject to the general railroad law and the law regulating internal improvement companies, except so far as said company by its charter heretofore granted, may be exempt; and said company may exercise all the powers over said entire line and parts thereof, that may now be exercised by said com- pany over its present road; and said company shall be subject to such other and further legislation and control in respect to said entire line that the Legislature might now have the power to impose on said company.
  9. 9. If any person shall loan money to the Virginia Central Railroad Company for the purpose of completing the railroad from Covington to the Ohio river and equipping the same, and shall ob- tain a lien on said road west of Covington, or on the Blue Ridge Railroad, or on the works, pro- perty and revenues of the Virginia Central Railroad Company, to secure the payment of the prin- cipal and interest of the money so loaned, the person thus loaning money, or the holder of a bond or other evidence of debt for money so loaned, shall not lose his lien or have the same impaired by reason of the failure of the Virginia Central Railroad Company to complete the said road, west of Covington, within the time prescribed in this act, or on account of any for- feiture which may accrue under the provisions of this act.
  10. 10. This act shall be in force from its passage and acceptance by the Virginia Central Railroad Company, if the same shall be accepted within nine months after its passage.
The vote by which the bill was rejected, was subsequently reconsidered, on motion of Mr. Johnson, and the bill laid on the table.

The bill authorizing the Adjutant General to employ an assistant in his office--$800 clerkship — was rejected for want of a constitutional majority.

French Line of Packets.--The joint resolutions from the House in relation to a line of Packets from Paris, France, to Virginia, were taken up, and passed.

General Appropriation Bill.--House bill making appropriations for deficiency in former appropriations, and for defraying expenses of the General Assembly and Convention now in session, was taken from the table, and several amendments having been agreed to, the bill passed.

Bills Passed.--House bill to incorporate the Preston and Augusta Railroad Company; House bill allowing compensation to the Clerk of the House of Delegates and Clerk of the Senate for services rendered during the present session of the General Assembly; releasing to the personal representatives of A. C. Lane the rent due under his lease for a portion of the Public Armory; Senate bill for the relief of Thos. W. Scott, Sheriff of Dinwiddie county; Senate bill for the relief of E. N. Eubank, Commissioner of the Revenue for the city of Lynchburg; Senate bill to allow the claims of the Hillsborough Border Guard, of the county of Londoun; Senate bill for the relief of the Orange and Alexandria Railroad, as amended by the House; Senate bill for the relief of Nathaniel B. Harvey.

On motion, the Senate adjourned.

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House (6)
Wickham (4)
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