USA > Michigan > Michigan legislative manual and official directory for the years 1899-1900 > Part 13
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RULE 49. When nominations to office shall be made by the governor, a future day for taking them into consideration shall be assigned, un- less the senate direct otherwise.
CONTESTED ELECTIONS.
RULE 50. In cases of contested elections, notice setting forth the grounds of such contest shall be given by the contestant to the senate within three days of actual session after the senate first convenes; and in such case the contest shall be determined as speedily as reasonably possible, and neither the contestee nor contestant shall have the right to draw any per diem, mileage or other allowance until such contest shall be determined, and then only the person decided to be entitled to the seat shall be paid per diem, mileage or other allowance.
MISCELLANEOUS.
RULE 51. Before any petition or memorial, addressed to the senate, shall be received and read, a brief statement of the contents thereof shall be endorsed on the same, with the name of the member introduc- ing it.
RULE 52. All questions relating to the priority of business shall be decided without debate.
RULE 53. When a member shall be called to order he shall sit down until the president shall have determined whether he is in order or not; and every question of order shall be decided by the president, subject to an appeal to the senate by any member; and if a member be called to order for words spoken, the exceptional words shall be immediately taken down in writing.
RULE 54. No person shall be admitted within the bar of the senate, unless by invitation of the president or some of the members-except the governor, state officers, senators and representatives in congress, members of the house, ex-senators, or any former incumbents of said offices respectively.
RULE 55. No standing rule or order of the senate shall be rescinded. changed or suspended without the consent of two-thirds of all the members present.
RULES AND ORDERS
OF THE
MICHIGAN HOUSE OF REPRESENTATIVES.
[Adopted by the house January 4, 1899.]
CONTENTS.
CHAPTER I.
THE SPEAKER.
Rule 1. To take the chair, call to order, and if quorum be present proceed to business.
66 2. To preserve order, has preference in speaking to points of or- der, shall decide same, subject to appeal, speaking on ap- peal, limitation of.
3. Shall appoint all committees unless otherwise ordered, etc.
4. May appoint substitute for one day, and longer by leave of house.
5. Shall appoint chairman of committee of the whole.
6. Shall vote on all elections, divisions and questions, except on appeals.
7. Form in which questions should be put; division of the house.
CHAPTER II.
THE CLERK.
Rule 8. To announce if quorum be present, journal to be read and corrected.
9. Duties as to numbering, etc., of bills and preparing of general order.
10. a-f. To make and complete journal; miscellaneous provisions.
CHAPTER III.
ORDER OF BUSINESS.
Rule 11. Reading and correction of journal, order of business, etc.
CHAPTER IV.
MEMBERS.
Rule 12. To address speaker and confine themselves to questions un- der debate.
13. When to vote.
14. When may be called to order, to take seat, etc.
15. Speaker to decide who entitled to floor.
16. When may speak more than once to same question.
17. To retain seats until speaker announces adjournment.
18. What a quorum; fifteen may compel attendance of absentees.
103
HOUSE RULES.
Rule 19. When private discourse and walking about forbidden, etc. 20. Endorsement necessary on bills, petitions, reports, etc., pre- sented.
21. Names to be called alphabetically in taking yeas and nays, etc.
22. Call of the house, proceedings when ordered.
23. Vote of, not to be considered unless given from his seat.
24. When speaker not to recognize members.
CHAPTER V.
MOTIONS.
Rule 25. To be stated by speaker or read by clerk before debating.
26. Shall be in writing, if demanded, entered on journal, etc.
27. When deemed in possession of house; when may be with- drawn.
28. Precedence of motions when a question is under debate.
29. To adjourn always in order; that and points of order, etc., not debatable.
30. Previous question, proceedings under, etc.
31. Questions of order under previous question not debatable.
32. All but privileged questions to be put in order offered; filling of blanks.
33. When question divisible; to strike out and insert is indivis- ible.
34. Reconsideration.
35. Amendments, limitations as to.
CHAPTER VI.
COMMITTEE OF THE WHOLE.
Rule 36. House to go into, when; order of business in.
37. Bills; how considered; amendments to be on separate paper, etc.
38. Motion to rise always in order and not debatable.
66 39. Motion to reconsider always in order.
40. Rules to be observed in.
CHAPTER VII. COMMITTEES.
Rule 41. List of standing committees; number in each; when ap- pointed.
42. First named to be chairman unless committee elects.
43. Not to sit during session of house or employ clerk without leave.
CHAPTER VIII.
BILLS AND JOINT RESOLUTIONS.
Rule 45. How introduced.
46. As to readings of.
47. When to be referred to committee of the whole.
48. Committal or amendment not in order until after second reading.
49. Vote on passage to be by yeas and nays, entered on journal; vote on majority of members necessary.
50. When two-thirds vote of members elect required.
51. Received from senate to be treated same as house bills, etc.
66
52. Motion to strike out enacting clause has precedence, etc.
53. Notice as to reconsideration, duty of clerk as to.
54. Title of, what to contain.
55. After consideration by committee of the whole, amendments by house.
56. Amending when not considered in committee of the whole.
57. Preamble, how considered for amendment or passage.
104
THE LEGISLATURE.
CHAPTER IX.
MISCELLANEOUS.
Rule 58. Admissions within the bar.
60
59. Certain resolutions to lay over one day.
60 Yeas and nays to be entered in journal on demand of ten members.
61. Newspaper reading prohibited during sessions.
62. Cushing's manual adopted where not inconsistent, etc.
63. Two-thirds of the members elect may alter or amend rules; suspension of.
64. A majority may reconsider a question requiring two-thirds to adopt.
¥ 65. Objection to reading of paper decided by vote.
66. Reading in full required in order to be printed in journal.
67. Appeals, form of question and of taking vote.
68. Laying appeal on table not to carry question with it.
69. Special orders not reached to come up as unfinished business next day.
70. Notice to be given member introducing before adverse re- ports shall be made on bill, etc.
71. Bills appropriating money to be referred to committee on ways and means.
72. Within the bar of the house, how construed.
HOUSE RULES.
CHAPTER I.
THE SPEAKER.
RULE 1. The speaker shall take the chair each day at the hour to which the house shall have adjourned. He shall call the house to order, and, except in absence of a quorum, shall proceed to business in the manner prescribed by these rules.
RULE 2. He shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the house, on which appeal no member shall speak more than once, except by leave of the house.
RULE 3. He shall appoint all committees, except where the house shall otherwise order.
RULE 4. He may substitute any member to perform the duties of the chair, but not for a longer time than one day, except by leave of the house.
RULE 5. When the house shall have decided to go into a committee of the whole, he shall name a chairman to preside therein.
RULE 6. He shall vote on all elections or divisions called for by any member and on all questions taken by yeas and nays, except on ap- peals from his decision.
RULE 7. He shall distinctly put all questions in this form, to wit: "As many as are in favor of [as the question may be], say 'Aye;' " and after the affirmative voice is expressed, "As many as are opposed, say 'No.'" If the speaker doubt or a division be called for, the house shall divide- those voting in the affirmative shall first rise from their seats; after- wards those in the negative.
CHAPTER II.
THE CLERK.
RULE 8. Upon the announcement by the clerk that a quorum of the house is present, the journal of the preceding day shall be read, unless otherwise ordered by the house, and any mistake therein corrected.
RULE 9. The clerk shall give to every bill and joint resolution, when introduced, a number, and the numbers shall be in numerical order and known as the house bill numbers: and when bills or resolutions are reported back from committees he shall give them another number, which shall be known as the file number; and if the bill or joint resolu- tion be ordered printed, he shall cause to be printed at the head of each the name of the committee which reported the same, and the character of the report; and he shall preserve the several bills and joint resolu- tions on file in order by their file number, unless ordered otherwise by the house; and such file shall be called the general order of the day.
14
106
THE LEGISLATURE.
RULE 10a. He shall make up and complete the journal of the house, in conformity to the rules; keep the several orders of business separate and distinct, and keep on file the several bills in the order of the third reading in the order in which they were received from the committee of the whole.
RULE 10b. He shall prepare and place on the desk of each member each day a list of the business on his desk under each order of busi- ness, and shall also place on the desk of each member each day, during the first fifty days of the session, a calendar of bills introduced, show- ing their reference, and as soon as may be after the first fifty days of the session, shall prepare a clerk's calendar of all bills and joint reso- lutions introduced and their bill history up to that date. As soon as may be after the announcement of the standing committees of the house, he shall have lists prepared and placed upon the desks of the members, which shall show a list of the members with their seat num- ber, district, county, home postoffice, Lansing address, nativity and profession or occupation; a list of counties showing the members rep- resenting the same; alphabetical list of members showing the com- mittees upon which each one has been appointed; lists of the standing committees of the house, showing membership thereof; lists of the special committees; the assignment of the committee rooms and a list of the elective and appointive employees of the house.
RULE 10c. He shall be responsible to the house for the care and pres- ervation of every bill and joint resolution introduced into the house and for each bill and joint resolution received from the senate up to the time of its return to that body, which responsibility shall only be relieved by a receipt from a proper person when the bill is necessarily in the hands of a committee for consideration. When a bill has been finally passed by the two houses he shall attend to the enrollment, printing of the same, in accordance with the statute relating thereto. and present the enrolled copy to the committee on enrollment for final comparison and determination of correctness by said committee on en- rollment, and present the same to the governor, taking a receipt there- for showing the day and hour at which each bill was deposited in the executive office.
RULE 10d. The clerk shall appoint as assistants in the performance of the duties required of him, a journal clerk, bill clerk, proof reader, reading clerk, and a financial clerk, each one of whom shall be sub- ject to the orders of the clerk and subject to summary removal on failure to properly perform the duties assigned them; the reasons for such removal to be reported forthwith to the house. In case of the in- ability of the clerk, from sickness or other cause, to perform the duties of his office, temporarily, the journal clerk shall be charged with the responsibility of the clerk and shall perform his duties .- H. J., May 28. 1897
RULE 10e. Whenever the legislature shall be called to meet in extra- ordinary session, the clerk of the house shall notify to be present at the opening of the session such of the clerks and employees of the house as the speaker of the house shall designate .- H. J., March 29, 1898.
RULE 10f. The clerk may employ such assistance in the work of the proof room as the necessity for expedition of the work from time to time may require, and not otherwise: and such assistance shall be only that of trained and expert readers of printers' proof .- H. J., Jan- uary 20, 1899.
107
HOUSE RULES.
CHAPTER III.
ORDER OF BUSINESS.
RULE 11. On the meeting of the house, after correcting the journal of the preceding day, the order of business shall be as follows:
1. Presentation of petitions.
2. Reports of standing committees.
3. Reports of select committees.
4. Messages from the governor.
5. Communications from state officers.
6. Messages from the senate.
7. Notices.
8. Introduction of bills.
9. Third reading of bills.
10. Motions and resolutions.
11. Unfinished business.
12. Special orders of the day.
13. General orders of the day.
CHAPTER IV.
MEMBERS.
RULE 12. When any member is about to speak in debate, or present any matter to the house, he shall rise from his seat, and respectfully address himself to "Mr. Speaker;" he shall confine himself to the ques- tion under debate, and avoid personality.
RULE 13. Every member who shall be within the bar of the house when a question is stated from the chair, shall vote thereon unless he be directly interested in the question; and no member shall be obliged to vote on any question unless he be within the bar when the question is so stated.
RULE 14. If any member in speaking transgress the rules of the house, the speaker shall, or any member may, call to order; in which case the member so called to order shall immediately sit down, and shall not rise unless to explain or proceed in order.
RULE 15. When to or more members rise at once, the speaker shall name the member who is first to speak.
RULE 16. No member shall speak more than once on the same ques- tion, without leave of the house, unless he be the mover of the matter pending, or chairman of the committee who reported the same, in which case he will be privileged to speak twice.
RULE 17. When the house adjourns, the members shall keep their seats until the speaker announces the adjournment.
RULE 18. A majority of the members elected to the house shall con- stitute a quorum; but any fifteen members shall be authorized to com- pel the attendance of absent members.
RULE 19. While the speaker is putting any question, or while the roll is being called by the clerk, no member shall walk out of or across the house; nor in such case, or when a member is speaking, shall en- tertain private discourse, or pass between him and the chair.
RULE 20. Every member presenting a paper containing subject mat- ter for the consideration of the house, shall endorse the same; if a peti- tion, memorial or report, with a brief statement of its subject or con-
-
108
THE LEGISLATURE.
tents, adding his name; if a notice or resolution, with his name; if a report of a committee, a statement of such report, with the name of the committee and member making the same; if a bill, a statement of its title, with his name.
RULE 21. Upon calls of the house, and in taking the yeas and nays upon any question, the names of the members shall be called alphabet- ically.
RULE 22. Upon calls of the house, the names of the members shall be called over by the clerk, and the absentees noted, after which the names of the absentees shall again be called over, the doors shall then be shut, and those for whom no excuse, or insufficient excuses are made, may, by order of those present, if fifteen in number, be taken into custody as they appear, or may be sent for and taken into cus- tody wherever found by the sergeant-at-arms, or the special messen- ger of the house.
RULE 23. The vote of no member shall be recorded by the clerk, unless such member shall be in his seat when he gives his vote, and if the vote of any member be demanded, it shall be the duty of the speaker to direct such member who may be away from his seat, but within the bar of the house, during the calling of the roll on any question, to return thither, and from thence to announce his vote. If a member shall refuse to vote, after being directed so to do by the speaker, he shall be deemed to be in contempt of the house, and shall suffer such punishment as the house may direct, and a state- ment of the contempt and the determination of the house shall be entered on the journal .- H. J., April 20, 1899.
RULE 24. After a question has been stated by the speaker, and the calling of the roll has been begun by the clerk, the speaker shall not recognize a member for any purpose, except to demand the vote of another member or upon points of order, until after the announce- ment of the vote by the clerk; but he shall preserve order and direct members who are not in their seats to resume the same and vote when their names are called .- H. J., April 20, 1899.
CHAPTER V.
MOTIONS.
RULE 25. When a motion is made and seconded, it shall be stated by the speaker; or, being in writing, it shall be handed to the chair, and read aloud by the clerk before being debated.
RULE 26. Every motion shall be reduced to writing if the speaker or any member shall request it, and shall be entered upon the journal, together with the name of the member making it, unless withdrawn or ruled out of order by the speaker.
RULE 27. After a motion has been stated by the speaker, or read by the clerk, it shall be deemed to be in the possession of the house, but may be withdrawn at any time before decision or amendment.
RULE 28. When a question is under debate, no motion shall be re- ceived but-
1. To adjourn.
2. To take a recess.
3. To lay on the table.
4. For the previous question.
5. To postpone to a day certain.
109
HOUSE RULES.
6. To commit.
7. To amend.
8. To postpone indefinitely.
Which several motions shall take precedence in the order in which they stand arranged. When a recess is taken during the pendency of any question, the consideration of such question shall be resumed upon reassembling, unless otherwise determined. No motion to post- pone to a day certain, to commit or to postpone indefinitely, being de- cided, shall be again allowed on the same day, and at the same stage of the question .- H. J., May 4, 1893.
RULE 29. A motion to adjourn shall always be in order; that and the motion to lay on the table, and all matters relating to, questions of order, shall be decided without debate. A motion for a recess, pending the consideration of other business, shall not be debatable .- H. J., May 4, 1893.
RULE 30. The method of ordering the previous question shall be as follows: Any member may move the previous question. This being sec- onded by at least ten members, the chair shall put the question, "Shall the main question now be put?" This shall be ordered only by a ma- jority of the members present and voting. After the seconding of the previous question and prior to ordering the same, a call of the house may be moved and ordered, or a demand for the yeas and nays may be made, but after the ordering the previous question no call or motion shall be in order prior to the decision of the main question, except questions of order and appeals from the decision of the chair, which shall be decided without debate. The effect of the previous ques- tion shall be to put an end to all debate and bring the house to a di- rect vote upon a motion to commit, if such a motion shall have been made; and if this motion does not prevail, then upon amendments re- ported by a committee, if any; then upon pending amendments, and then upon the main question. When a motion to reconsider is taken under the previous question and is decided in the affirmative, the pre- vious question shall have no operation upon the question to be recon- sidered. If the house shall refuse to order the main question, the con- sideration of the subject shall be resumed as though no motion for the previous question had been made .- H. J., May 4, 1893.
RULE 31. All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided whether on appeal or otherwise without debate.
RULE 32. All questions shall be put in the order they were moved, except in the case of privileged questions; and in the filling up of blanks, the largest sum and the longest time shall be first put.
RULE 33. Any member may call for a division of the question, which shall be divided if it comprehend propositions in substance so distinct that one being taken away a substantive proposition shall remain for the decision of the house. A motion to strike out and insert shall be deemed indivisible.
RULE 34. Any member who voted on that side of the question which prevailed may move for a reconsideration thereof on the same or next succeeding day; and such motion shall take precedence of all other questions, except a motion to adjourn; but shall not be renewed on the same day. A motion to reconsider any question, if laid on the table, may be taken therefrom and disposed of at any time within the period allowed by this rule for moving a reconsideration. The motion to postpone indefinitely shall not be reconsidered .- H. J., Feb. 2, 1897.
110
THE LEGISLATURE.
. RULE. 35. No motion or proposition on a subject different from that under consideration shall be admitted under color of an amendment.
CHAPTER VI.
COMMITTEE OF THE WHOLE.
RULE 36. When the house shall have arrived at the "General Orders of the Day," it shall go into conimittee of the whole upon such orders, or a particular order designated by a vote of the house, and no busi- ness shall be in order until the whole are considered or passed, or the committee rise; and unless a particular bill is ordered up, the commit- tee of the whole shall consider, act upon or pass the general orders, according to the order of their reference.
RULE 37. In committee of the whole, bills shall first be read or de- bated by clauses or sections, leaving the preamble to be last consid- ered. The body of the bill shall not be defaced or interlined, but all amendments shall be entered on a separate piece of paper, and re- ported to the house by the chairman standing in his place.
RULE 38. A motion that the committee rise shall always be in order and shall be decided without debate.
RULE 39. A motion to reconsider shall be in order in committee of the whole.
RULE 40. The rules of the house shall be observed in committee of the whole, so far as they may be applicable, except that it cannot re- fer a matter to any other committee; it cannot adjourn; the previous question shall not be enforced; the yeas and nays shall not be called; a motion to indefinitely postpone shall not be in order; a member may speak more than once; the title or enacting words of a bill or joint resolution shall not be amended or stricken out.
CHAPTER VII.
COMMITTEES.
RULE 41. The following standing committees shall consist of nine members each: Committees on ways and means, judiciary, railroads, liquor traffic, private corporations, fisheries and game, state affairs, revision and amendment of statutes, and general taxation. The com- mittee on apportionment shall consist of thirteen members; all other committees shall consist of five members each, and shall be appointed at the commencement of the session. The standing committees of the house shall be as follows:
1. Agricultural college.
2. Agriculture.
3. Apportionment.
4. Asylum for criminal insane.
5. City corporations.
6. Drainage.
7. Eastern asylum for insane.
8. Education.
9. Elections.
10. Federal relations.
11. Fisheries and game.
12. General taxation.
13. Geological survey.
111
HOUSE RULES.
14. Home for the feeble minded.
15. Horticulture.
16. Industrial school for boys.
17. Industrial home for girls!
18. Institution for the deaf and dumb.
- 19. Insurance.
20. Judiciary.
21. Labor.
22. Liquor traffic.
23. Local taxation.
24. Lumber and salt.
25. Michigan asylum for insane.
26. Military affairs.
27. Mines and minerals.
28. Normal schools.
29. Northern asylum for insane.
30. Printing.
31. Private corporations.
32. Public health.
33. Public lands.
34. Railroads
35. Religious and benevolent societies.
36. Revision and amendment of the statutes.
37. Roads and bridges.
38. Rules and joint rules.
39. School for the blind.
40. School of mines.
41. Soldiers' home.
42. State affairs.
43. State capitol and public buildings.
44. State house of correction.
45. State library.
46. State prison.
47. State public school.
48. Supplies and expenditures.
49. Towns and counties.
50. University.
51. Upper peninsula asylum for the insane.
52. Upper peninsula prison.
53. Village corporations.
54. Ways and means.
-H. J., May 4, 1893. H. J., Jan. 2, 10, 1895. H. J., Jan. 7, 12, May 25, 1897. H. J., Jan. 11, 1899.
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