USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 13
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YEAS AND NAYS.
RULE 37. Any senator shall have the right to demand the yeas and nays upon any question.
RULE 38. After the yeas and nays are called upon any question, and after the question is stated from the chair, and the secretary directed to call the roll, and the first vote given, no senator shall be entitled to speak on the question, nor shall any motion be in order until such roll call is finished and the result declared.
INDEFINITE POSTPONEMENT.
RULE 39. A motion to postpone indefinitely the further consideration of any bill, joint resolution, or any other matter, shall require the votes of a majority of the senators elect, and the vote upon such a motion shall not be reconsidered. A motion to lay on the table a motion to reconsider the vote by which any bill or joint resolution shall have failed to pass the senate, shall have the same effect as a motion to postpone indefinitely, and shall require the same number of votes to carry it.
CALL OF THE SENATE.
RULE 40. A call of the senate may be ordered by a majority of the senators present, whether a quorum or not, and in pursuance thereof the sergeant-at- arms or any other person or persons duly empowered by a majority of the sena- tors present and voting, may be dispatched for and arrest any or all senators absent without leave, as said majority shall agree (at the expense of such absent senators respectively, unless such excuse shall be made for non-attendance as the senate, when a quorum is convened, shall judge sufficient; in which case the same shall be paid as incidental expenses of the senate). And any such senator or senators absent without sufficient excuse shall not be entitled to per diem allowance during the time of absence, in case the senate shall so determine.
PREVIOUS QUESTION. .
RULE 41. The mode of ordering the previous question shall be as follows: Any senator may move the previous question. This being seconded by at least one other senator, the chair shall submit the question in this form, "Shall the main question now be put?" This shall be ordered only by a majority of the senators present and voting. The effect of ordering the previous question shall be to instantly close debate and bring the senate to an immediate vote on the
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SENATE RULES.
pending question or questions in their regular order. The motion for the previ- ous question may be limited by the mover to one or more of the questions pre- ceding the main question itself, in which case the form shall be, "Shall the question, as limited, be now put?" The yeas and nays may be demanded on any vote under this rule, and a motion for a call of the senate shall be in order at any time prior to the ordering of the previous question. Any question of order or appeal from the decision of the chair, pending the previous question, shall be decided without debate. When the question is on a motion to reconsider. under the operation of the previous question, and is decided in the affirmative, the previous question shall have no operation upon the question to be reconsidered. If the senate refuses to order the previous question, the consideration of the subject shall be resumed, as if no motion therefor had been made.
APPEALS.
RULE 42. Any senator may appeal from any decision of the chair. On all appeals the question shall be, "Shall the decision of the chair stand as the judgment of the senate?" Appeals shall be debatable except when the senate is under the operation of the previous question, or the decision appealed from relates to priority of business.
RULE 43. An appeal may be laid on the table, but shall not carry with it the subject matter before the senate at the time such appeal is taken.
EXECUTIVE SESSION.
RULE 44. On motion made and carried to shut the doors of the senate on the discussion of any business which may, in the opinion of any senator, require secrecy, or on motion made and carried that the senate go into executive session, the president shall direct all persons, excepting the senators and the secretaries and sergeant-at-arms, to withdraw; and during the executive session and the discussion of said motion, the doors shall remain shut, and every senator and officer shall keep secret all such matters, proceedings and things whereof the secrecy shall be enjoined by order of the senate.
RULE 45. Whenever the senate shall go into consideration of executive busi- ness, the proceedings of the senate in such business shall be kept in a separate journal, which shall not be inspected by any others than members of the senate, unless otherwise ordered. Such journal shall be published after the close of the session, at the end of the regular journal of the proceedings of the senate, unless otherwise ordered.
CONTESTED ELECTIONS.
RULE 46. 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 47. 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 senator introducing it.
RULE 48. All questions relating to the priority of business shall be decided without debate.
RULE 49. When a senator shall be called to order he shall sit down until the
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THE LEGISLATURE.
president shall have determined whether he is in order or not; and every ques- tion of order shall be decided by the president, subject to an appeal to the senate by any senator; and if a senator be called to order for words spoken, the excep- tional words shall be immediately taken down in writing.
RULE 50. No person shall be admitted within the bar of the senate, unless by invitation of the president or some of the senators-except the governor, state officers, senators and representatives in congress, members of the house, ex-sen- . ators, or any former incumbents of said offices respectively.
RULE 51. At least one day's notice shall be given of a motion to amend or repeal any of the preceding rules. Rule 36 shall require for its suspension a vote of two-thirds of all the senators elect. Any other rule may be suspended by a vote of two-thirds of the senators actually present.
RULES AND ORDERS
OF THE
MICHIGAN HOUSE OF REPRESENTATIVES.
[Adopted by the house January 2, 1901.]
CONTENTS.
CHAPTER I.
THE SPEAKER.
Rule 1. To take the chair, call to order, and if quorum be present proceed to business.
2. To preserve order, has preference in speaking to points of order, shall decide same, subject to appeal, speaking on appeal, limitation of.
66
4. May appoint substitute for one day, and longer by leave of house.
66
5. Shall appoint chairman of committee of the whole.
66
6. Shall yote 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. 66 9. Duties as to numbering, etc., of bills and preparing of general order.
66 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 under debate.
66
13. When to vote.
66
14. When may be called to order, to take seat, etc.
66
15. Speaker to decide who entitled to floor
16. When may speak more than once on same question.
17. To retain seats until speaker announces adjournment.
66 18. What a quorum; fifteen may compel attendance of absentees.
19. When private discourse and walking about forbidden, etc.
66
66 20. Endorsement necessary on bills, petitions. reports, etc , presented.
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.
3. Shall appoint all committees unless otherwise ordered, etc.
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HOUSE RULES.
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 withdrawn.
28. Precedence of motions when a question is under debate.
29. To adjourn always in order; that and points of order, etc., not debat- able.
66 30. Previous question, proceedings under, etc.
66 31. Questions of order under previous question not debatable.
32. All but privileged questions to be put in order offered; filling of blanks.
66
33. When question divisible; to strike out and insert is indivisible.
34. Reconsideration.
. 6 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.
39. Motion to reconsider always in order.
66 40. Rules to be observed in.
CHAPTER VII. COMMITTEES.
Rule 41. List of standing committees; number in each; when appointed. 66
42. First named to be chairman unless committee elects.
66 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.
66 47. When to be referred to committee of the whole.
66 48. Commital or amendment not in order until after second reading.
66 49. Vote on passage to be by yeas and nays, entered on journal; vote of majority of members necessary.
66
50.
When two-thirds vote of members elect required.
66 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.
66 54. Title of, what to contain.
66
55. After consideration by committee of the whole, amendments by house.
56. Amending when not considered in committee of the whole.
66
57. Preamble, how considered for amendment or passage.
CHAPTER IX. MISCELLANEOUS.
Rule 58. Admissions within the bar.
59. Certain resolutions to lay over one day.
60: Yeas and nays to be entered in journal on demand of ten members.
66
61. Newspaper reading prohibited during sessions.
62. Cushing's manual adopted where not inconsistent, etc.
60
63. Two-thirds of the members elect may alter or amend rules; suspen- sion 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.
CENTRAL MICHIGAN NORMAL SCHOOL, MOUNT PLEASANT. Main Building.
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HOUSE RULES.
MISCELLANEOUS .- Concluded.
Rule 69. Special orders not reached to come up as unfinished business next day. 70. Notice to be given member introducing before adverse reports shall be made on bill, etc.
60 71. Bills appropriating money to be referred to committee on ways and means.
72. Within the bar of the house, how construed.
6 13
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 other- wise 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 appeals 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 affirma- tive 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; afterwards 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 intro- duced, 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 com- mittees he shall give them another number, which shall be known as the file number; and if the bill or joint resolution 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 resolutions 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.
RULE 10a. He shall make up and complete the journal of the house, in con- formity 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 business, and shall also place on the desk of each member each day, during the first fifty days of the session, a
,
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HOUSE RULES.
.
calendar of bills introduced, showing 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 resolutions 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 number, district, county, home post- office, Lansing address, nativity and profession or occupation; a list of counties showing the members representing the same; alphabetical list of members showing the committees 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 employés of the house.
RULE 10c. He shall be responsible to the house for the care and preservation 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 compari- son and determination of correctness by said committee on enrollment, 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.
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 subject 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 inability 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 extraordinary session, the clerk of the house shall notify to be present at the opening of the session such of the clerks and employés 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., January 20, 1899.
CHAPTER III.
ORDER OF BUSINESS.
RULE 11. On the meeting of the house, after correcting the journal of the pre- ceding 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 scnate.
7. Notices.
8. Introduction of bills.
9. Third reading of bills.
10. Motions and resolutions.
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THE LEGISLATURE.
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 question under debate, and avoid personality.
RULE 13. Every member who shall be within the bar of the house when a ques- tion 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 two or more members rise at once, the speaker shall naine the member who is first to speak.
RULE 16. No member shall speak more than once on the same question, with- out leave of the house, unless he be the mover of the matter pending, or chair- man 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 constitute a quorum; but any fifteen members shall be authorized to compel 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 entertain private discourse, or pass between him and the chair.
RULE 20. Every member presenting a paper containing subject matter for the consideration of the house, shall endorse the same; if a petition, memorial or report, with a brief statement of its subject or contents, 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 alphabetically.
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 custody wherever found by the sergeant-at-arms, or the special messenger 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 call- ing 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
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HOUSE RULES.
punishment as the house may direct, and a statement 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 annonncement 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 deenied 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 received 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.
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 postpone to a day certain, to commit or to postpone indefinitely, being decided, 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 seconded 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 majority 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 question shall be to put an end to all debate and bring the house to a direct vote upon a motion to com- mit, if such a motion shall have been made; and if this motion does not prevail, then upon amendments reported by a committee, if any; then npon 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-
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THE LEGISLATURE.
vions question shall have no operation upon the question to be reconsidered. If the house shall refuse to order the main question, the consideration of the sub- ject shall be resmned as though no motion for the previous question had been made .- H. J., May 4, 1893.
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