USA > Maine > Maine register, state year-book and legislative manual > Part 19
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8th, Bills on their passage to be enacted, and re- solves on their final passage.
9th, Orders of the day.
It shall be the duty of the secretary to number bills and resolves in the order in which they shall be reported by said committee on bills in the second reading, and enter them upon the calendar in such order. They shall be taken up for their second reading and passage to be engrossed, or other dis position, in the order in which they stand upon the calendar. When a bill or resolve, after it is put on the calendar, is laid on the table, and no time assigned for its further consideration, it shall go to the foot of the calendar as it then stands. Papers from the house, concerning which there has been a disagreeing vote of the two houses, shall be disposed of before commencing with the calendar. This rule shall not apply to or interfere with motions to reconsider, or special assignments or other privileged questions.
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23. When the yeas and nays are taken, the names of the senators shall be called alphabetically.
24. After a question is put to vote, no senator shall speak on it. Every senator who may be present shall vote unless excused by the senate, or excluded by interest.
25. The unfinished business, in which the senate was engaged at the time of the last adjournment, shall have precedence in the orders of the day.
26. No engrossed bill or resolve shall be sent to the house without notice thereof being given to the senate by the President.
27. Every member who shall present a petition, shall place his name thereon and a brief statement of its subject.
28. All confidential communications made by the governor to the senate, shall be by the members thereof kept inviolably sacred until the senate shall by their resolution take off the injunction of secrecy.
29. No rule shall be dispensed with, except by the consent of two-thirds of the members present.
30. Any member of the senate may exchange seats on consulting the President and obtaining his per- mission.
31. No member shall absent himself from the senate without leave, unless there be a quorum left present.
32. All committees shall be nominated by the Presi- dent (unless when it may be determined that the election shall be by ballot), and appointed by the senate.
33. The following standing committees shall be ap- pointed at the commencement of the session, viz .:
STANDING COMMITTEES OF THE SENATE.
On bills in the second reading.
On engrossed bills.
To consist of twelve members each. Any one of
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the first, and any two of the second shall constitute a quorum.
34. No member of the senate shall act as counsel for any party before any committee of the legislature.
35. All messages from the senate to the house, and to the governor, or governor and council, shall be car- ried by the secretary, unless the senate shall direct some other mode of transmission, and all papers shall be transmitted to the governor and council, and the house, by the secretary or his assistant.
36. The senate may, at any time, upon motion, by vote of a majority of the members present, resolve itself into a committee of the whole for the purpose of con- sidering any subject named in the motion; and a chairman shall be appointed by the President. If a message is announced while the senate is in such com- mittee, the President shall resume the chair for the purpose of receiving it; immediately after which, the committee shall proceed, until dissolved in the usual manner.
37. The rules of parliamentary practice comprised in Reed's Rules, and Cushing's Law and Practice of Legislative Assemblies, shall govern the senate in all cases to which they are applicable, and in which they are not inconsisten with the standing rules of the senate, or the joint rules of the two houses.
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ANNUAL REGISTER OF MAINE.
RULES OF THE HOUSE.
CONTENTS.
RULE. OF THE DUTIES AND POWERS OF THE SPEAKER.
1. To take the chair and call to order; on the appearance of a quorum to cause the journal of preceding day to be read; to announce business; to receive and submit all motions; to preserve order; to receive and announce messages; to authenticate bills and resolves; to name committees; to name member to take the chair in committee of the whole. 2. May address the house on points of order; may vote in all cases.
OF THE DUTIES OF THE CLERK.
3. To keep the journal; to read papers; to call the roll; notify committees; authenticate orders and proceedings; take charge of all papers; bear messages; to preside in absence of speaker.
OF THE CHAPLAINS.
4. Services on assembling.
5. May exchange duties.
OF THE MONITORS.
6. Monitors and their duties.
7. To inform house if members persist in transgressing the rules. OF THE COMMITTEES.
8. List of standing committees.
9. Chairman of committees.
OF THE RIGHTS AND DUTIES OF MEMBERS.
10. Seats not to be changed without leave.
11. Not to sit at speaker's or clerk's desk without permission.
12. Member first rising entitled to the floor.
13. Not to be interrupted while speaking.
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4. Not to speak more than twice.
15. Not to speak out of seat.
16. Not to act as counsel for any party.
17. Not to interrupt another while speaking, or sit or stand cov- ered during the session.
18. To deliver to clerk or committee on pay-roll a statement of travel.
19. Absence at commencement of, and during the session.
20. Members absenting themselves to leave papers with the clerk.
21. Breach of rules and orders.
22. To vote unless excused; not to leave seat after voting until a return is had.
23. To keep secret proceedings with closed doors.
24. What persons admitted to the hall.
ON PROCEEDINGS AND DEBATE.
25. Order of business.
26. Calendar of bills to be made.
27. Unfinished business to have preference in orders of the day.
28. Debate; precedence of motions; questions of concurrence.
29. Motion to adjourn always in order; no debate on same.
30. Motion to lay on table does not preclude further consideration on the same day.
31. Motions for the previous question.
32. What propositions are divisible; motions to strike out and insert.
33. Filling of blanks and assignment of times.
34. Amendment of one section not to preclude amendment of a prior section.
35. Amendments foreign to the subject-matter not admissible.‹
36. When motions may be withdrawn.
37. Motions to be put in writing if required.
38. Motions to be read by member before being laid on the table.
39. Vote, manner of taking,-yeas and nays.
40. Reconsideration, rules and questions of.
Papers relating to reconsideration of vote to remain in pos- session of clerk.
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ANNUAL REGISTER OF MAINE.
42. In elections by ballot, the time to be assigned one day previous thereto.
13. Reading of papers to be decided by the house.
41. Questions of order decided on appeal to be entered on journal of the house, with decision.
15. Propositions requiring opinion of supreme judges not to be acted upon until the next day.
13. Petitions, presentation and indorsement of.
47. Bills and resolves to be examined by committee on bills in third reading.
48. Resolves appropriating land and money to have their second reading on Wednesday of the week following.
49. Engrossed bills and resolves.
50. Grants of land, money, or public property, to be accompanied by statement of facts; must be read on two several days.
51. Bills and resolves of public nature not to be received unless reported by a committee, without leave; such bills or re- solves to be laid over one day.
52. No legislation affecting rights of individuals or corporations without previous notice.
53. Bills to have three several readings; resolves two several readings.
54. Speaker to give notice when sending engrossed bill or resolve to the senate.
55. Proceedings when bill is returned by the governor with ob- jections.
56. Cushing's Manual to govern when not inconsistent with rules of the house.
57. No rule to be dispensed with without consent of two-thirds of members present.
58. No rule to be altered or repealed, or new rule to be adopted, without one day's notice.
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GOVERNMENT OF MAINE.
RULES.
DUTIES AND POWERS OF THE SPEAKER.
1. It shall be the duty of the speaker to take the chair at the hour to which the house shall have adjourned, call the members to order, and, after the appearance of a quorum, cause the journal of the preceding day to be read ;
To announce the business before the house in the order in which it is to be acted upon ;
To receive and submit to vote all motions and prop- ositions regularly moved or that necessarily arise in the course of proceedings, and announce the result ;
To Astrain the members, when engaged in debate, within the rules of order; and to enforce, on all occa- sions, the observance of order and decorum among the members ;
To decide all questions of order, subject to an appeal to the house;
To receive all messages and other communications and announce them to the house ;
To authenticate by his signature bills that have passed to be enacted, and resolves finally passed ;
To name the members who are to serve on commit- tees, unless the house otherwise direct ;
To appoint the member who shall take the chair, when the house has determined to go into committee of the whole;
'And to name a member to perform his duties during
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his absence for a time not exceeding the remainder of the day.
2. The speaker may address the house on points of order, in preference to other members; and may vote in all cases.
DUTIES OF THE CLERK.
3. The clerk shall keep a journal of what is done by the house; read papers when required by the house or speaker; call the roll alphabetically, and note the an- swers of members, when the house orders, or when a question is taken by yeas and nays; notify committees of their appointment and of the business referred to them; authenticate by his signature all the orders and proceedings of the house not authenticated by the speaker; have charge of all the documents and papers of every kind confided to the care of the house; bear all messages and transmit all papers from the house to the governor or to the senate, unless the house shall otherwise order; make up the pay-roll of the mem- bers; and in the absence of the speaker at the hour for meeting, shall preside until a speaker pro tem. be chosen ; and at the close of the session shall file in an orderly manner all papers and documents, in possession of the house, passed upon or received during the session ; and at the commencement of the next legislature, shall pre- side until the election of speaker, and record the doings of the house until a new clerk shall be chosen and qualified; and in the absence of the clerk, the assistant clerk shall be clerk pro tempore with power to appoint an assistant.
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GOVERNMENT OF MAINE.
CHAPLAINS.
4. Every morning, the house, on assembling, shall join with the chaplain in religious service.
5. The chaplains may exchange duties with each other or with the chaplains of the senate.
MONITORS.
6. One monitor shall be appointed by the speaker for each division of the house, whose duty shall be, to see to the observance of the rules of the house, and on demand of the speaker, to return the number of votes and members in his division.
7. If any member shall transgress any of the rules of the house, and persist therein, after being notified thereof by any monitor, it shall be the duty of such monitor to give information thereof to the house.
COMMITTEES.
8. The following standing committees shall be ap- pointed at the commencement of the session, whose duty shall be to consider all subjects referred to them and report thereon :
On ways and means.
On leave of absence.
On bills in the third reading.
On engrossed bills.
On elections,
To consist of seven members each.
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ANNUAL REGISTER OF MAINE.
On county estimates, To consist of one member from each county On rules and business of the House, To consist of three members and the Speaker ex-officio.
9. In all elections by ballot, of committees of the house, the person having the highest number of votes shall act as chairman. In case two or more persons receive the same number of votes, the committee, by a majority of their number, shall elect a chairman.
RIGHTS AND DUTIES OF MEMBERS.
10. The seat which a member draws at the com- mencement of the session, shall be his during the ses- sion, unless he shall have leave of the speaker to change it.
11. No member shall sit at the desk of the speaker or clerk, except by the permission of the speaker.
12. When two or more members rise at the same time, the speaker shall name the person to speak; but in all cases the member who shall rise first and address the chair, shall speak first.
13. No member shall interrupt another while speak- ing, except to call to order, or to correct a mistake.
14. No member shall speak more than twice to the same question, without first asking leave of the house.
* 15. No member shall speak out of his place without leave from the chair, nor without first rising and ad- dressing the speaker; and he shall sit down as soon as he has done speaking.
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GOVERNMENT OF MAINE.
16. No member shall act as counsel for any party, before a joint committee of the legislature, or a com- mittee of this house.
17. No member shall be permitted to stand up to the interruption of another, while any member is speak- ing, or pass unnecessarily between the speaker of the house and the person speaking; or stand in an alley, or sit or stand covered, during the session of the house.
18. Every member shall make out and deliver to the clerk or to the committee on pay-roll a statement of the number of miles usually travelled in going from his residence to the seat of government.
19. Every member who shall neglect to give his at- tendance in the house for more than six days after the session commences, shall, on making his appearance therein, be held to render the reason for such neglect; and in case the reason assigned shall be deemed by the house sufficient, such member shall be entitled to re- ceive pay for his travel, and not otherwise; and no member shall be absent more than two days without leave of the house; and no member shall have such leave, unless it be reported by the committee on leave of absence; and no leave of absence shall avail any member who retains his seat more than five days from the time the same was obtained.
20. Any member having obtained leave of absence, and having in his possession any papers relating to the business before the house, shall leave the same to the clerk.
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ANNUAL REGISTER OF MAINE.
21. When any member shall be guilty of a breach of any of the rules and orders of the house, and the house has determined he has so transgressed, he shall not be allowed to vote, or speak, unless by way of ex- cuse for the same, until he has made satisfaction.
22. Every member who shall be in the house when a question is put, where he is not excluded by interest, shall give his vote, unless the house, for special reason, shall excuse him, and when the yeas and nays are or- dered, no member shall leave his seat until the vote is declared. In all elections by the house, or in joint ballot of the two houses, no member shall leave his seat, after voting, before a return of the house is had.
23. When the galleries shall be ordered to be cleared or shut, the matter which may occasion such order, shall be kept secret by each member, until the house shall order such injunction of secresy to be taken off.
24. No person not a member or officer of the house, except members of the senate, its secretary and assis- tants, the governor and council, state treasurer, secre- tary of State, land-agent, adjutant-general, judges of the supreme judicial court, chaplains of the senate, and reporters of the proceedings and debates of the house, shall be admitted within the representatives' hall un- less invited by some member of the house.
PROCEEDINGS AND DEBATES.
25. After the reading of the journal, the following shall be the order of business :
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GOVERNMENT OF MAINE.
1st, Senate papers, and first reading of accompany- ing bills and resolves ;
2d, Messages and documents from the executive and heads of departments ;
3d, Receptions of petitions, bills, and resolves, re- quiring reference to any committee ;
4th, Orders ;
5th, Reports of Committees;
6th, First reading of bills and resolves printed under the rules;
7th, Bills and resolves reported by committee on bills in the third reading, and on their passage to be engrossed;
8th, Bills on their passage to be enacted;
9th, Orders of the day.
The speaker shall announce each item of business in its turn, and no paper shall be taken up out of its reg ular order, except by the unanimous consent of the house. The orders of the day shall take precedence of all other business at the expiration of the morning hour.
26. It shall be the duty of the clerk to make up daily a calendar of bills, resolves, and other papers, assigned for that day's consideration, and also a calen- dar of bills and resolves which have had their first reading, and showing the disposition that has been made of each.
27. The unfinished business in which the house was engaged at the time of the last adjournment, shall have preference in the orders of the day, and shall
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ANNUAL REGISTER OF MAINE.
continue to be among the orders of the day for each succeeding day until disposed of, and no motion or other business shall be received, without special leave of the house until the former is disposed of.
28. When a question is under debate, no motion shall be received, but
1st, To adjourn ;
2d, To lay on the table ;
3d, For the previous question ;
4th, To commit ;
5th, To postpone to a day certain ;
6th, To amend ;
7th, To postpone indefinitely ;
Which several motions shall have precedence in the order in which they are arranged.
Questions of concurrence or otherwise with the sen- ate shall have precedence of each other in the follow- ing order :
1st, To recede,
2d, To concur ;
3d, To insist ;
4th, To adhere.
29. A motion to adjourn shall always be first in or- der, and shall be decided without debate.
30. A vote to lay a proposition on the table shall not preclude the further consideration of it on the same day.
31. When motion for the previous question is made, the consent of one-third of the members present shall
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GOVERNMENT OF MAINE.
be necessary to authorize the speaker to entertain it. No debate shall be allowed until the matter of consent is determined. The previous question shall be sub- mitted in the following words . Shall the main ques- tion be put now ? No member shall speak more than five minutes on the motion for the previous question, and while that question is pending, a motion to lay on the table shall be decided without debate. A call for the yeas and nays, or for division of a question, shall be in order after the main question has been ordered to be put. After the adoption of the previous ques- tion, the vote shall be taken forthwith upon amend- ments, and then upon the main question.
32. Propositions to amend by striking out and in- serting dates, numbers and sums, are not divisible ; but all propositions, otherwise divisible, shall be divided at the request of any ten members. A motion to strike out being lost, shall neither preclude amendments, nor a motion to strike out and insert.
33. In filling blanks, and in assigning times for the consideration of business, the largest sum and longest time shall be put first.
34. When a proposition consists of several para- graphs or sections, amendment of one of them shall not preclude amendment of a prior paragraph or sec- tion.
35. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.
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ANNUAL REGISTER OF MAINE.
36. After a motion or order is stated or read by the speaker, and seconded, it shall be regarded as in the possession of the house, and shall be disposed of by vote of the house. But any motion or order may be withdrawn by the mover at any time before a decision or amendment, except a motion to reconsider, which shall not be withdrawn except by consent of the house.
37. Every motion shall be reduced to writing, if re- quired by the speaker or by any member.
38. No member shall be permitted to lay a motion in writing on the table, until he shall have read the same in his place.
39. When a vote having been declared by the speaker, is doubted, the members for and against the question, when called on by the speaker, shall rise and stand till they are counted, and the vote made certain without further debate. But a call for the yeas and nays shall be in order at any time before such a vote is made certain and declared.
40. When a motion has been once made and carried in the affirmative, or negative, it shall not be in order for any member who voted in the minority, to move for a reconsideration thereof; but any member who voted with the majority, or in the negative on a tie vote, may move to reconsider on the same or succeed- .. ing day. A motion to reconsider shall not be post- poned nor laid on the table without a time certain as- signed for its further consideration. When a motion for reconsideration has been decided, the vote shall
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not be reconsidered. A motion to reconsider shall not be in order, more than once on the same question.
41. When a member shall move, or give notice of his intention to move, a reconsideration of any vote, the papers to which the motion relates shall remain in possession of the clerk until the question of recon- sideration shall have been decided, or the right to move such question is lost.
42. In all elections by ballot of the house a time shall be assigned for such election, at least one day previous thereto.
43. When a reading of a paper is called for, which has been before read to the house, and the same is ob- jected to by any member, the question of reading shall be determined by a vote of the house.
44. Every question of order, which shall be decided on appeal, shall be entered on the journal of the house, with the decision thereon.
45. A proposition to require the opinion of the judges of the supreme court, as provided by the con- stitution, shall not be acted upon until the next day after such proposition is made.
46. All petitions, memorials and other papers ad- dressed to the House, and all bills and resolves to be introduced in the House shall be endorsed with the name of the person presenting them, with the sub- ject matter of the same, together with the name of the committee to which the person presenting them desires the same to be referred, and shall be placed
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by the members presenting them in a box placed for that purpose in front of the Clerk's desk. All such petitions, memorials, papers, bills and resolves which are deposited in said box before five o'clock in the afternoon of each day shall be removed therefrom by the Clerk, and shall be introduced and received in the House on the following day, at which time they shall be presented to the House by the Speaker, or such other person as the Speaker may request, and referred to the proper committees, unless the House shall otherwise order.
47. All bills in their third reading, and resolves in their second reading, shall be committed to the stand- ing committee on bills in the third reading, to be by them examined and corrected.
48. All resolves appropriating money or land shall have their second reading on such day subsequent to that of their first reading as the House may assign
49. All engrossed bills and resolves shall be com- mitted to the standing committee on engrossed bills, to be strictly examined; and if found by them to be truly and strictly engrossed, they shall so report to the house, and the question shall be taken without any further reading, unless on motion of any member, a .. majority of the house shall be in favor of reading the same as engrossed.
50. Every bill, or resolve, providing for the grant of money land. or other public property, which may
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be laid on the table by leave, and any report of a com- mittee upon any bill or resolve providing for such grant, shall be accompanied by a written statement of facts in each case; and no such bill or resolve shall be considered before such statement is made, or pass without being read on two several days.
51. No new bill or resolve of a public nature, shall be received, except it be reported by a committee, un- less the house otherwise order ; and all bills and resolves not reported by a committee, shall be laid upon the · table for one day, before further action thereon.
52. No act or resolve shall be passed affecting the rights of individuals or corporations, without previous notice to such individuals or corporations.
53. No bill shall pass to be engrossed until it shall have had three several readings; the times for the second and third readings shall be assigned by the house; but if no objection is made, the second reading may be by title, and at the time of the first. Every resolve which shall require the approval of the gover- nor, shall have two several readings ; the second read- ing shall be subject to the provisions of the third read- ing of bills.
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