USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 17
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This holding was strictly in accord with congressional practice and precedents. There must be some point beyond which even the friends of a measure cannot
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LEGISLATIVE DECISIONS.
hope; a veto is sufficient warning that the end is near, and that to succeed they must have a two-thirds majority the first time.
92. A protest against the action of the senate, to be such a paper as must be entered upon the journal under the provisions of the constitution, shall be in language which does not impute improper motives to the senators in taking the action .- Taylor's Appeal, S. J. 1887, p. 222.
The senate absolutely controls the making of its own journal, except so far as the constitution provides that certain matters shall be entered thereon. The provision relative to individual protests cannot be held to require the senate to enter on its journal insulting and contemptuous matter, under color of a protest; and the senate may insist that the protest contain nothing but the member's " dissent " and bare statement of his "reasons " therefor.
93. Motion to dispense with a further reading of a protest against the action of the senate in seating two contestants; point of order raised that the contest- ants should not be allowed to vote on the question. Held, that the point of order was not well taken .- S. J. Feb. 24, 1891.
The cases having been decided by the senate, and the contestants seated, they were technically entitled to vote on all questions.
94. Motion that senate return house concurrent resolution. Point of order raised that inasmuch as a resolution has nothing tangible in its character, it can- not be recalled, and further, that it is contrary to the practice of former legis- latures. Held, (Wachtel, speaker), anything sufficiently tangible to be sub- mitted to the senate, should be sufficiently so for its return, and the consti- tution also requires concurrent resolutions to be submitted to the executive; hence tangible and the point not well taken .- H. J. Feb. 6, 1891.
The practice as to return of concurrent resolutions prior to this decision had not been definitely settled, for such action is seldom called for. The scope of concurrent resolutions has of late encroached very much upon that of joint res- olutions, and their " tangibility " has thereby been recognized.
95. Resolved, That the committee on engrossment and enrollment be dis- charged from further consideration of house bill No. 849, known as amended charter of the city of Saginaw. Point of order raised " that the resolution was not in order," which point of order the chair ruled was not well taken for the following reasons (Wachtel, speaker):
It has been the practice to accede to the request of the senate for the return of a bill even after it has gone to the governor.
House bills go to the committee on engrossment and enrollment immediately without any particular action; the chair cannot see that it would preclude a majority from delaying it by tabling. It seems a reasonable construction of the rules that the house has control of its bills up to the moment they are signed by the governor, except when they are in the hands of the senate; even then by the usual courtesy they are returned by request.
Now if, on the request of the senate, the house can discharge its committee on engrossment and enrollment, it would seein as though the house could take the saine action in the absence of such request.
The resolution presented, seeking to discharge the committee on engrossment and enrollment, is evidently for the purpose of testing the sense of the majority, and as there is no power to prevent the house from taking this action, if it so determines, the chair does not deem it proper to say arbitrarily that the resolu- tion is out of order, and hence the point not well taken.
See bill history, 1887, H. B's 58, (1, 134, 55, and 1889, H. B's 174 and 227. An ap- peal was taken and the chair sustained. H. J. March 26, 1891.
The principal error in this ruling lies in considering a bill that has passed both houses as still "a bill." It is no longer "a bill" of one house, bat "an act" of both houses, although it is not yet a law. Its proper place is in the governor's hands, and neither house has a right to prevent its going to the governor, except by the process of reconsideration. Such reconsideration must begin in the house which last passed the bill, and by a request for the return of the bill pre- liminary to reconsideration. Another error in this ruling lies in the statement that "the house has control of its bills up to the moment they are signed by the
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THE LEGISLATURE.
governor." Even if considered as still a "house bill" after its passage by the . senate, it certainly could not be held to be within the "control" of the house after it had gone to the governor, and during the ten days he is constitutionally authorized to hold it before signing it. There is also a technical reason why the motion to table a house bill returned as passed by the senate is not in order. The motion to table is a subsidiary motion which adheres only when there is somne main question pending. After a bill has passed both houses, no further question as to such bill is still pending. All discretionary action has ceased, and only the formal transmission to the governor, as contemplated by the constitu- tion, yet remains. It is true, the house may arbitrarily table, or suppress, the bill, and no power in the state can prevent. But such action comes of might, not of right.
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 assessed 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 clain. One of the provisions of this bill is that the state credit a county certain money, while to the mind of the chair the constric- tion 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 allowing any private claim or account. Bills or joint resolutions referring such claims to the board of state auditors are not intended to substitute the discretion of the legis- lature for that of the board, but only to set in motion the machinery of relief, as the state itself cannot 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 improve- ment 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 of 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 pur- poses, 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 taxa- tion for the care and maintenance of this highway, it assumes the appearance of an appropriation for local purposes.
The appropriation of state funds or property for improvement of a local high- way 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 bene- fited, 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 express provision to the contrary be found, is a good one to rely upon. A majority vote is always sufficient, unless some special provision requires a greater.
98. The house having under consideration a bill to create a commission, define its duties and powers and make an appropriation of money for the purpose of
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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 authorizes 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 subserved 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 proposi- tions, public acts 1875, pages 165 and 308, relating to the centennial of Phila- delphia and horticultural exhibit at Chicago, which the legislature passed by a majority vote of all the members elect (Wachtel, speaker) .- H. J. June 3, 1891.
Questions arising from the relations of the state to the general government, or to the other states of the union, cannot be considered " local 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 con- stitution 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 consti- tution. 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, except 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 parliamentary law .- S. J. Aug. 5, 1892. ( Special Session.)
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 majority of all the votes cast elects. The house having chosen a speaker, a com- mittee is appointed to conduct him to the chair; he then assumes the duties of the office. The officers usually elected are by the
SENATE.
HOUSE.
President, pro tempore.
Secretary.
Assistant Secretary. Bill Clerk.
Journal Clerk. Bill Clerk.
Proof Reader. (a)
Proof Reader. (a)
Assistant Proof Reader. (a)
Reading Clerk. (a)
Sergeant-at-Arms.
Financial Clerk. (a)
Sergeant-at-Arms.
1st Assistant Sergeant-at-Arms.
2d Assistant Sergeant-at-Arms. 3d 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 mes- sengers of the secretary and the clerk), are appointed by the lieutenant governor and the speaker.
Each house, having completed its organization, appoints a committee 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 legis- lature 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.
COMPENSATION.
Section 15, Art. IV, of the constitution, fixes the compensation, mileage 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
(a) These officers are appointed by the secretary and clerk.
.
1st Assistant Sergeant-at-Arms.
2d Assistant Sergeant-at-Arms.
Speaker. Clerk.
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PRACTICE AND PROCEEDINGS.
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 postage is now required. Such stationery as is needed by the committees is fur- nished 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.
Secretary and Assistant .- Senate rules 5, 6, 7, 8, 9, 10, set forth the duties of the officers. The assistant keeps the journal of the senate, and performns 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 proceedings: to enter in the journal all joint documents ordered printed therein; to correct the daily journal for the publication of the official journal; and in case of the ab- sence of the clerk to perform his duties generally.
Bill Clerk .- It is his duty to keep the bill history, showing the number, 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 al petitions, etc., presented, and bills and joint resolutions introduced, in numeri- cal 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 delivered 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 com- mittee 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 ('lerk .- 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.
Sergeant-at-Arms .- They are the exeentive officers of their respective houses. They have charge of the keepers of cloak-rooms, janitors and messengers; con- trol of the police regulations, attend to the warming and ventilation of the halls, provide rooms for committees, and supply them with furniture and conven- iences, 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 required by the sergeant-at-arms. act as door-keepers, and make themselves generally useful.
Messengers .- Each messenger, at the opening of the session, has assigned to
17
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THE LEGISLATURE.
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 journals, bills and joint resolu- tions 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. Dur- ing the daily sessions he is expected to occupy the position assigned 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 ser- geant-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, whispering, 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 necessary to pass a bill or joint resolution in the following cases: 1. Over the governor's veto; 2. Appropri- ating public money or property for local or private purposes; 3. Altering or amending any act of incorporation heretofore granted, except of municipal cor- porations; 4. Proposing 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 remove a judge; and to amend a bill or joint resolution in the house, after its consideration in com- mittee of the whole.
ORDER OF BUSINESS.
The order of business is essentially the same in both houses, the only differ- ence 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 supervisors, 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 - rela- tive 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 stand- ipg committees relative to bills, etc., referred to them. If the report is favor- able the bill is ordered printed, referred to the committee of the whole and placed on the general order, after concurrence or non-concurrence in amend- ments recommended. Amendments made in one house to a bill which origin- ated in the other, whether by committee or otherwise, are written on slips of paper and attached to the bill. They do not become a part of the bill until con- curred 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 occasion to send communications to the legislature, and are often called upon for informa-
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PRACTICE AND PROCEEDINGS.
tion on certain matters connected with their departments. Their communica- tions and replies are announced under this head.
Messages from the other House .- In the course of business many messages are received by one house from the other and are announced here. If they transinit bills the latter are read a first and second time 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 fre- quently omitted by unanimous consent, or suspension of the rules.
Introduction of Bills-Members having prepared their bills with due regard to constitutional requirements (Const. Art. IV, Secs. 20, 48; see also third paragraph under " Miscellaneous"), are now permitted to introduce 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 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 reso- lutions are also introduced under this head. Before they are offered for intro- duction 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 resolutions as have received the proper consideration are put npon 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 passage 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 presiding 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 negative. 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 immedi- ate 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 in - tention to move a reconsideration of the vote by which it passed.
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