USA > Michigan > Michigan legislative manual and official directory for the years 1899-1900 > Part 17
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96. The house having under consideration a bill authorizing and directing the auditor general of the state of Michigan to credit to the county of Muskegon, so much of all delinquent taxes heretofore as- sessed on lands granted to the state by the United States under acts of congress of June 3, 1856, and March 4, 1879, etc., etc.
The speaker declared the bill passed by a majority vote of all the members elect.
Point of order raised that the bill under the provisions of section 45 of article IV of the constitution required the assent of two-thirds of the members elected to each house.
Held (Wachtel, speaker), bills or joint resolutions referring claims to the board of auditors do not pass upon such claims, but simply give the claimant a hearing for the establishment of claim. One of the pro- visions of this bill is that the state credit a county certain money, while to the mind of the chair the construction of the language of the constitution appropriating money, as is sought in this case, is not clear. Yet so long as there is a doubt it should not be to the disad- vantage of the claimant here, and the legislative department is also entitled to the doubt, and redress is in the court .- H. J. April 23, 1891.
The legislature is prohibited by the constitution from auditing or al- lowing any private claim or account. Bills or joint resolutions refer- ring such claims to the board of state auditors are not intended to substitute the discretion of the legislature for that of the board, but only to set in motion the machinery of relief, as the state itself cannot
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THE LEGISLATURE.
be sued by its own citizens. The money granted then comes not from the legislative action, but from that of the board.
97. The house having under consideration a bill to provide for the improvement of the highway on the town line between the townships of Argyle and Moore in the county of Sanilac, and to appropriate state swamp land for that purpose, the speaker announced the bill passed by a majority vote of all the members elect. Point or order raised that the bill under consideration, which the speaker declared passed by a majority vote, comes under the provisions of the constitution, relative to the appropriation of public property for local purposes, section 45, article IV, and that a two-thirds vote of the members elect is necessary to its passage.
Held (Wachtel, speaker), since a public highway is an improvement in which all people are interested, and in which they have equal rights with the people of the locality in question, it seems at first as if the appropriation contemplated was of a public nature, but looking at it from the standpoint of the burden of taxation for the care and main- tenance of this highway, it assumes the appearance of an appropria- tion for local purposes.
The appropriation of state funds or property for improvement of a local highway relieves from taxation the locality alone through which that highway runs and the locality referred to in the bill is the only one in the state directly benefited, hence the point is well taken and the bill is not passed -H. J. May 8, 1891.
This is one of those questions upon which about as much can be said on one side as on the other. In such cases the general principle that the legislature can do anything, by a majority vote, unless some ex- press provision to the contrary be found, is a good one to rely upon. A majority vote is always sufficient, unless some special provision re- quires a greater.
98. The house having under consideration a bill to create a commis- sion. define its duties and powers and make an appropriation of money for the purpose of making an exhibit of the various manufactures and products of the state of Michigan at the World's Columbian Exposition at Chicago, in the years 1892 and 1893, the speaker announced the bill passed, a majority of all the members elect having voted therefor. Point of order raised that this appropriation was not of that public character which the constitution of Michigan contemplates, and au- thorizes to be made by a majority vote, and that consequently a two- thirds vote of the members elected was necessary to passage.
The chair held that inasmuch as no local private interest was sub- served by the appropriation, resultant benefits being to the public generally, and the control of the expenditure vested in state officials, under the immediate supervision of the governor, the point was not well taken, citing as precedents similar propositions. public acts 1875. pages 165 and 308, relating to the centennial of Philadelphia and horti- cultural exhibit at Chicago, which the legislature passed by a major- ity vote of all the members elect (Wachtel, speaker) .- H. J. June 3, 1891.
Questions arising from the relations of the state to the general gov- ernment, or to the other states of the union, cannot be considered "lo- cal or private" in any sense of the word. Although the constitution of Michigan, when framed, never contemplated such an appropriation, it must be remembered that the state constitution is not a grant of power to the legislative department, but a limitation upon a power which would otherwise be unlimited except by the federal constitu- tion. When one questions the legislature's power he must show his authority, and if he demands more than a majority vote, he must show why in unequivocal terms.
99. Resolved, That the rules of the senate for the session of 1891, ex- cept rule 22, be and are hereby adopted as the rules of this session. Point of order raised "that the resolution was not in order, the rules of the session of 1891 being still in force."
Held, that the point was not well taken, but that the senate, until action to the contrary was taken, was acting under accepted parlia- mentary law .- S. J. Aug. 5, 1892. (Special Session.)
1
PRACTICE AND PROCEEDINGS.
The legislature having convened, been called to order, the list of members elect read and the oath administered [see Act. No. 67, Public Acts of 1877, p. 53], it is customary to immediately adopt the rules of the preceding house, they having no force until so adopted. The joint rules are adopted afterwards by concurrent resolution. The election of officers is then proceeded with viva voce, each member rising as his name is called and naming the candidate of his choice; a ma- jority of all the votes cast elects. The house having chosen a speaker, a committee is appointed to conduct him to the chair; he then assumes the duties of the office. The officers usually elected are by the
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SENATE.
HOUSE.
President, pro tempore.
Secretary.
Assistant Secretary.
Bill Clerk.
Proof Reader.
Proof Reader.
Reading Clerk.
Financial Clerk.
Sergeant-at-Arms.
1st Assistant Sergeant-at-Arms.
2d Assistant Sergeant-at-Arms.
3d Assistant Sergeant-at-Arms.
Speaker. Clerk.
Journal Clerk.
Bill Clerk.
Assistant Proof Reader.
Sergeant-at-Arms.
1st Assistant Sergeant-at-Arms. 2d Assistant Sergeant-at-Arms.
By concurrent resolution, the postmaster and assistant postmaster. The oath of office is administered to all the above by the presiding officers respectively.
The janitors, keepers of the cloak-rooms, and messengers (except the messengers of the secretary and the clerk), are appointed by the lieutenant governor and the speaker.
Each house, having completed its organization, appoints a com- mittee to wait upon the other and inform them that it is ready for business; after which a joint committee is appointed to wait upon the governor and inform him that the legislature is duly organized and ready to receive any communication that he may be pleased to make. At the time fixed by the governor the senate and house meet in joint convention and receive his message. The standing committees of the senate and house are appointed by the lieutenant governor and the speaker, respectively, as soon as possible after the organization.
18
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THE LEGISLATURE.
COMPENSATION.
Section 15, Art. IV, of the constitution, fixes the compensation, mile- age and allowance for stationery to members. The compensation of officers is fixed by act No. 3, laws of 1873, p. 2. The per diem allowance may be drawn as fast as earned, usually in multiples of ten days for convenience in book-keeping; the allowance for stationery, at any time; mileage as soon as ascertained by the proper committees. Pay is drawn upon certificates signed by the presiding officer and secretary, or clerk, and countersigned by the auditor general. The provision of the constitution as to postage is a dead letter, as prepayment of post- age is now required. Such stationery as is needed by the committees is furnished by the state.
DUTIES OF OFFICERS.
President and Speaker .- Senate rules 1, 2, 3, 4, and house rules 1, 2, 3, 4, 5, 6, 7, prescribe the duties of presiding officers.
Sceretary and Assistant .- Senate rules 5, 6, 7, 8, 9, 10, set forth the du- ties of the officers. The assistant keeps the journal of the senate, and performs such other clerical duties as are assigned to him by the secretary.
Clerk .- House rules 9, 10, a-f prescribe the general duties of the clerk and he assigns such duties to his assistants as he deems proper. The assignment of duties to them has heretofore been as follows:
Journal Clerk .- It is his duty to keep a record of each day's proceed- ings; to enter in the journal all joint documents ordered printed there- in; to correct the daily journal for the publication of the official jour- nal; and in case of the absence of the clerk to perform his duties gen- erally.
Bill Clerk .- It is his duty to keep the bill history, showing the num- ber, file number, and all action on bills and joint resolutions, with the date thereof, to furnish the journal clerk, for entry on the journal, a copy of the titles of all. petitions, etc., presented, and bills and joint resolutions introduced, in numerical order, together with the name of the member presenting the same, and the reference to committees; to distribute to the proper committees, or officers, all bills, petitions and documents referred; to prepare and transmit the messages to be de- livered to the senate.
Proof Reader .- It is his duty to attend to the enrollment, printing of all bills and resolutions passed by the house and present the enrolled copy to the committee on enrollment for comparison, and present the same to the governor, taking a receipt therefor, showing the day and hour at which each bill was deposited in the executive office.
Reading Clerk .- It is his duty to attend to all reading from the clerk's desk and perform such other duties as may be assigned to him.
Financial Clerk .- To make out pay certificates ready for the signatures of the proper officers, and keep the account of the same; and such other duties as the clerk may assign him.
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PRACTICE AND PROCEEDINGS.
Sergeants-at-Arms .- They are the executive officers of their respective houses. They have charge of the keepers of cloak-rooms, janitors and messengers; control of the police regulations, attend to the warming" and ventilation of the halls, provide rooms for committees, and supply them with furniture and conveniences, serve subpoenas and warrants, and require prompt and efficient service from their subordinates. The assistants perform such duties as are assigned by the principals.
Postmaster .- He attends to the receipt and delivery of all mail matter coming to members and officers, and the proper delivery and mailing, at the general postoffice, of all matters sent by them. His assistants assist him generally.
Janitors .- They, under the supervision of the sergeant-at-arms, attend to the warming, ventilation, sweeping, and dusting of the halls and committee rooms; have charge of the document rooms, and, when re- quired by the sergeant-at-arms, act as door-keepers, and make them- selves generally useful.
Messengers .- Each messenger, at the opening of the session, has as- signed to him by the sergeant-at-arms, a pro rata number of desks in his house for his special attention. He is expected to keep the jour- als, bills and joint resolutions thereon carefully and correctly filed- adding each morning, before the opening of the session, all such as have been delivered from the printing office. He is also to arrange and keep in order on his desk all other books, papers and documents belonging thereto. He attends to the folding, pasting and mailing of all documents and papers sent by the members whose desks he attends. During the daily sessions he is expected to occupy the position as- signed to him on the floor and hold himself in readiness to carry messages and paper to and from the members, the presiding officer and the secretary or clerk. All these and such other duties as may be assigned him by the presiding officer or sergeant-at-arms, under whose special direction and control he is placed, he is expected to perform in a quiet, gentlemanly manner, avoiding at all times in the house, all rude, boisterous conduct, and all laughing, talking, whisper- ing, and the like during session: The officers' messengers perform such duties as are required of them by the officers to whom they are respectively assigned.
QUORUM AND MAJORITIES.
A majority of the members elect constitute a quorum in each house. A majority of all the members elect is necessary to pass a bill or joint resolution. The assent of two-thirds of all the members elect is neces- sary to pass a bill or joint resolution in the following cases: 1. Over the governor's veto; 2. Appropriating public money or property for local or private purposes; 3. Altering or amending any act of incor- poration heretofore granted, except of municipal corporations; 4. Pro- posing amendments to the constitution.
The assent of two-thirds of all the members elect is also necessary to expel a member; to order an act to take effect at any other time than ninety days from the end of the session; to request the governor to re- move a judge; and to amend a bill or joint resolution in the house, after its consideration in committee of the whole.
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THE LEGISLATURE.
ORDER OF BUSINESS.
The order of business is essentially the same in both houses, the only difference being one of arrangement. It is as follows:
Presentation of Petitions .- Under this head are presented all petitions, remonstrances, memorials and resolutions adopted by boards of super- visors, or other bodies. Before presentation they should be indorsed as follows: "Petition of A. B. and others for -; " "Remonstrance of A. B. and others against - ;" "Memorial of relative to -," or "Resolutions adopted by - relative to -; " following each one, as the case may be, with a brief statement of the subject matter, and the name of the member presenting.
Reports of Standing Committees .- Here are received all reports from standing committees relative to bills, etc., referred to them. If the report is favorable the bill is ordered printed, referred to the commit- tee of the whole and placed on the general order, after concurrence or non-concurrence in amendments recommended. Amendments made in one house to a bill which originated in the other, whether by commit- tee or otherwise, are written on slips of paper and attached to the bill, They do not become a part of the bill until concurred in by the house in which the bill originated. If the report is adverse the bill is subject to the order of the house, and is usually tabled. Blanks for making reports are furnished by the secretary or clerk.
Reports of Select Committees .- Under this head all committees appointed for a special purpose make their reports, and action is taken thereon.
Messages from the Governor .- Here are announced and read all messages from the executive, whether of approval or veto, returning bills or relative to other matters.
Communications from State Officers .- State officers frequently have oc- casion to send communications to the legislature, and are often called upon for information on certain matters connected with their depart- ments. Their communications and replies are announced under this head.
Messages from the other House .- In the course of business many mes- sages are received by one house from the other and are announced here. If they transmit bills the latter are read a first and second tinie and referred to the proper committees. If bills are returned without amendment they are referred to the committee on engrossment and enrollment for enrollment. If amended they are subject to the action of the house by concurrence or otherwise. If the message contains concurrent resolutions, they are usually acted upon at once.
Notices .- This is the proper time for giving the requisite notice of the future introduction of bills or joint resolutions. Forms are furnished by the secretary or clerk for the use of members. As this previous notice is required by rule only (except in the case of bills to amend a charter of a corporation), it is frequently omitted by unanimous con- sent, or suspension of the rules.
Introduction of Bills .- Members having prepared their bills with due regard to constitutional requirements (Const. Art. IV, Secs. 20, 18; sec also third paragraph under "Miscellaneous"), are now permitted to intro- duce them. If previous notice has been given, the members should so state and ask leave to introduce the bill. Leave having been granted. the bill is sent to the secretary or clerk, who reads the title, and the
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PRACTICE AND PROCEEDINGS.
president or speaker announces "First reading of the bill;" the title is again read, and the presiding officer announces "Second reading of the bill." The first and second readings are usually by the titles only. The bill is then referred to the proper committee. If previous notice has not been given, the member must ask for unanimous consent to introduce the bill. If any member should object, the introducer may move to suspend the rule (except in the case mentioned under "Notices"). Joint resolutions are also introduced under this head. Before they are offered for introduction they should be indorsed as follows: "A bill [or joint resolution] to - ' giving the title in full and also the name of the introducer.
Third Reading of Bills .- Under this order such bills and joint resolu- tions as have received the proper consideration are put upon their passage. They are taken up in the order in which they are found on the files of the secretary or clerk. He announces the bill by number and title and reads the bill at length, unless the reading is dispensed with. The president or speaker then says: "This is the third reading of the bill. The question is on its passage." Debate is now in order. If a member wishes to explain his vote, or to be excused from voting, he must make the explanation or request at this time; for nothing of the kind is in order after the calling of the roll is commenced. As all bills have usually been fully considered before they reach this order, no amendments can be made to them in the senate unless seconded by a majority of the senate (rule 26), nor in the house except by a vote of two-thirds of all the members elect (rule 55). Debate having been concluded, the presiding officer says: "The question is now on the pas- sage of the bill. All who are in favor of its passage will, as your names are called, say 'Aye;' those who are opposed will say 'No.' The secretary [or clerk] will call the roll." The roll is then called, the "Ayes" and "Noes" read and the number of each announced. If the requisite number of votes has been given in the affirmative, the presid- ing officer says: "A majority [or two-thirds] of all the members elect having voted therefor, the bill is passed." If the bill has not received the requisite number of votes. the announcement is made in the nega- tive. If the bill passes, the presiding officer says, "The question is now on the title. The title will be agreed to unless there be objections." In case of a joint resolution, the question is on the title and preamble. If any amendments are necessary to the title, they must be made now. A majority vote is all that is necessary to make such amendments. If it is desirable to give the bill immediate effect, now is the time to make the motion. The bill is then transmitted to the other house for its action, unless notice is given by some member of his intention to move a reconsideration of the vote by which it passed.
Motions and Resolutions .- This is the proper order for all motions which do not arise properly from the business under the other orders- such as motions to discharge committees from the further considera- tion of bills; to take bills from the table; to transfer bills from one stage of their progress through the house to another; to request the governor of the house to return a bill; and all resolutions on subjects outside of the usual order of business. Any business may be brought before the house at this time by appropriate motions and resolutions.
Unfinished Business .- In the course of the regular business of the ses- sion from day to day, it often happens that an adjournment is taken in the midst of the action on some matter before the house and before
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THE LEGISLATURE.
any final disposition is made of the question under discussion. In such case the whole matter comes up under this order as soon as it is reached on any succeeding day .- See last sentence in next paragraph.
Special Orders of the Day .- If any business has been made the special order for a certain day, it is taken up as soon as this order of business is reached. If, however, it has been made the special order for any fixed hour of the day, it is taken up when that hour arrives, and takes precedence of all other business. In order to make any business a special order for a time certain, a two-thirds vote is necessary in the house, as it is equivalent to a suspension of the rule prescribing the daily order of business; in the senate a majority vote only is requisite to suspend that rule. If any matter on the special order is not reached on the day set, it comes up afterwards under the order of unfinished business.
General Orders of the Day .- The work on this order is done in commit- tee of the whole. After bills have been favorably reported by stand- ing committees, they are ordered printed, referrd to the committee of the whole, and placed on the general order. When this order is an- nounced, some member moves that the house resolve itself into com- mittee of the whole on the general order. If the motion prevails, the presiding officer appoints a chairman for the committee and leaves the chair. The chairman calls the committee to order, and the bills are taken up in the order in which they are found on the files. The committee of the whole is an expedient to simplify the business of legislative bodies, by removing it from the formality of the house to the freedom and informality of a committee. No record is kept of its proceedings, and the only evidence of its work is the report made by its chairman and entered on the journal. Each member speaks as often as he pleases; hence all propositions may be thoroughly con- sidered. When the committee is ready for work, the chairman an- nounces the first bill on the order by number and title. He then reads the first section and asks, "Are there any amendments to section one of the bill?" After a pause, if no amendments are offered, he says, "If not the section will be passed. It is passed." He then reads the next section, and so on to the end of the bill. When the whole bill has been read, he asks, "Are there any amendments to the body of the bill?" Pausing again, if no amendments are offered, he says, "If not, the bill will be passed. It is passed." No amendments to a sec- tion are in order until the section has been read, nor any to the body of the bill until the whole bill has been read. The committee of the whole cannot amend the title nor strike out the enacting clause. All after the enacting clause may be stricken out, which is equivalent in effect. The committee may report a bill back to the house with the recommendation that it be laid on the table; recommitted to a com- mittee; indefinitely postposed; made a special order; put upon its immediate passage, or otherwise disposed of. If the committee desires to rise before finishing the consideration of a bill, the usual motion is "that the committee rise, report progress and ask leave to sit again." If all the bills on the general order have been considered, or if the committee has just finished the consideration of a bill and wishes to rise instead of taking up further work, the proper motion is "that the
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PRACTICE AND PROCEEDINGS.
committee rise." This motion is always in order; yet if it prevails pending action on any measure, the bill or joint resolution is not reported to the house by the chairman, but falls back to its original place upon the files. If the motion to rise is decided in the affirma- tive, the speaker or president resumes the chair and calls the house to order. The chairman makes his report, and the house acts upon its recommendations and amendments. If the house concurs in the committee's recommendations, the bills are disposed of in accordance therewith. If the house refuses to concur the bills are disposed of as the house directs. If the committee has stricken out all after the enacting clause of a bill and the house concurs, the title and enacting clause are laid on the table. The amendments made in committee of the whole are written on slips of paper, and are not incorporated with the body of the bill unless the house concurs in the same. [In reference to amendments, see "Reports of Standing Committees."]
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