USA > Michigan > Michigan official directory and legislative manual for the years 1903-1904 > Part 10
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THE LEGISLATURE
4. That of giving or offering a bribe to a member, or of attempting by menace, or other corrupt means or device, directly or indirectly to control or influence a member in giving his vote, or to prevent his giving the same; but the term of imprisonment which such house may impose for any contempt specified in this section shall not extend beyond the same session of the legislature.
In Southworth v. Palmyra & J. R. Co., 2 Mich. 287, the word "House" was constructed to mean the members present and doing business; there being a quorum, an action by a majority of those present is action by the "house." As to power and manner of punishing witnesses for refusing to appear and testify : Burnham v. Morissey, 14 Grey 226.
§ 36. SEC. 3. Every person who shall be guilty of any contempt specified in the preceding section, shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the state prison not exceeding five years, or by imprisonment in the county jail not exceed- ing one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment in the county jail, in the discretion of the court.
§ 37. SEC. 4. The oath of office of any member or officer of the senate or house of representatives may be administered by and taken and subscribed before the chancellor (a), any justice of the supreme court, the lieutenant governor, the president pro tempore of the senate, or the speaker of the house of representatives. .
§ 38. SEC. 5. Any senator or representative, while acting as a member of a committee of the legislature, or either branch thereof, shall have author- ity to administer oaths to such persons as shall be examined before the com- mittee of which he is a member.
MEETING AND ORGANIZATION.
§ 4. 1877, p. 53, April 25, August 21, Act 67. SECTION 1. The People of the State of Michigan enact, That it shall be the duty of the secretary of state, on the day prior to any regular session of the legislature, to deliver to the secretary, or in case of his death or inability, then to the assistant secretary of the preceding senate, also to the clerk, or in case of his death or inability, then to the journa clerk of the next preceding house of representatives, a true and correct list of all the members elect of each house, as transmitted to him by the clerks of the several counties of the state, and in such list shall designate the senators and representatives by their respective districts.
§ 5. SEC. 2. The members elect of the senate and house of representatives shall convene in their respective houses at the state house at Lansing at 12 o'clock noon on the first Wednesday of January next succeeding their elec- tion, and proceed to the organization of their respective houses, in accord- ance with the provisions of this act, and no other business shall be in order until they shall have completed such organization.
§ 6. SEC. 3. In case the lieutenant governor is absent, or unable to per- form the duties of his office, it shall be the duty of the secretary of the preceding senate to call to order and preside over the senate, until the lieu- tenant governor appears, or a president pro tempore is elected, and such
(a) The office of chancellor was abolished in 1847.
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secretary shall act as secretary of the senate until his successor is elected, and in calling the roll of the senate before the permanent organization thereof, for any purpose whatever, he shall call all the names appearing upon the list delivered to him by the secretary of state, as provided for in the preced- ing section, and he shall not call any other or different names.
§ 7. SEC. 4. It shall be the duty of the clerk of the next preceding house of representatives to call to order and preside over the house until a speaker, or speaker pro tempore, is elected, and he shall act as clerk of the house until his successor is elected; and in calling the roll of the house, before the permanent organization thereof, for any purpose whatever, he shall call all the names appearing upon the list delivered to him by the secretary of state, as provided in the first section of this act, and he shall not call any other or different names.
§ 8. SEC. 5. In case of a vacancy in the office of secretary of the senate, · or clerk of the house, or of the absence or inability of either to perform the duties imposed by this act, such duties shall devolve upon the assistant secre- tary of the senate or journal clerk of the house of the next preceding senate or house of representatives.
§ 9. SEC. 6. In case the president of the senate or one of the judges of the supreme court cannot attend to administer the oath of office, the officers required by this act to organize meetings of the legislature are hereby authorized to administer the oath of office prescribed by the constitution of this state, to the members elect of their respective houses.
ELECTION OF UNITED STATES SENATORS.
[Compiled Laws 1897, §§ 1144-1146.]
§1144. 1869 p. 1, Jan. 18, Act 1. SECTION 1. The People of the State of Michi- gan enact, That the legislature which shall be chosen next preceding the expiration of the time for which any senator was elected to represent this state in congress of the United States, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in congress, in place of such senator so going out of office, in the following manner: Each house shall openly, by a viva voce vote of each member present, name one person for senator in congress; and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the journal of each house by the clerk or secretary thereof; but if either house shall fail to give such majority to any person on such day, that fact shall be entered on the journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place as aforesaid, the members of the two houses shall convene in joint convention, and the journal of each house shall then be read; and if the same person shall have received a majority of all the votes in each house, such person shall be declared duly elected a senator to represent this state in the congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint convention shall then proceed to choose by a viva voce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all
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the votes of the said joint convention, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such a majority on the first day, the joint convention shall meet at twelve o'clock, meridian, of each succeeding day during the session of the legislature, and take at least one vote until a sena- tor shall be elected.
§ 1145. SEC. 2. Whenever, on the meeting of the legislature, a vacancy shall exist in the representation of this state in the senate of the United States. the legislature shall proceed, on the second Tuesday after the com- mencement and organization of its session, to elect a person to fill such vacancy in the manner hereinbefore provided for the election of a senator for a full term; and if a vacancy shall happen during a session of the legis- lature, then on the second Tuesday after the legislature shall have been organized, and shall have notice of such vacancy, the legislature shall pro- ceed to elect as aforesaid.
§ 1146. Am. 1881, p. 3, Feb. 2, Sept. 10, Act 4. SEC. 3. It shall be the duty of the governor, upon the election of a senator as herein provided, to certify his election to the president of the senate of the United States, which cer- tificate shall be countersigned by the secretary of state, under the seal of the state. He shall also deliver, by mail or otherwise, a like certificate to the person so elected senator.
SENATE RULES.
RULE 1. The first order of business shall be the correction of the journal of the preceding day.
PRESIDENT.
RULE 2. The president, or in his absence the president pro tempore, shall have the right to name any senator to act as presiding officer, and such senator, during the time specified, shall exercise all the powers of the president.
, RULE 3. The president shall decide all questions arising under the senate rules and general parliamentary practice, subject to an appeal, which appeal shall be determined by a majority of the senators present and voting.
RULE 4. The president, unless otherwise directed, shall appoint all com- mittees.
SECRETARY.
RULE 5. It shall be the duty of the secretary of the senate to keep a correct journal of each day's proceedings, and to have the same printed and copies thereof placed upon the files of the president, senators, and reporters.
RULE 6. The secretary shall appoint as assistants in the performance of the duties required of him, first and second assistant secretaries, a proof reader, a stenographer, and a messenger, each one of whom shall be subject to the orders of the secretary and to summary removal by him on failure to properly perform the duties assigned him, such removal and the reasons
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therefor to be reported forthwith to the senate. In case of inability of the secretary, from sickness or other cause, to perform the duties of his office temporarily, the assistant secretary designated by him shall be charged with the responsibility of the secretary and shall perform his duties.
RULE 7. The secretary of the senate shall make a list of all bills, resolu- tions, reports of committees, and other proceedings of the senate. All bills and joint resolutions referred to the committee of the whole, and not made a special order, shall constitute the general orders, and be considered in the order of their reference, unless the senate or committee of the whole shall otherwise determine. The secretary shall prepare and place on the desk of each senator a list of the business under each order of business, whenever in his judgment there is a sufficient amount of business on hand to warrant the printing of such list; and as soon as may be after the first fifty days of the session, he shall prepare a calendar of all bills and joint resolutions · introduced, with their history up to that date. As soon as may be after the announcement of the standing committees of the senate, he shall have pre- pared a directory which shall show a list of the senators, with number of the district of each, his county, home postoffice, Lansing address, nativity and profession or occupation; a list of counties, showing senators represent- ing the same ; a list of standing committees of the senate, showing member- ship thereof; a list of special committees; the assignment of committee rooms; a list of officers and employés of the senate, and such other matter as he deems advisable.
RULE 8. The secretary shall each day make a file of all bills and joint resolutions ordered to a third reading, and they shall be placed on such file in the order in which they were so ordered. He shall be responsible to the senate for the care and preservation of every bill and joint resolution intro- duced in the senate, and for each bill and joint resolution received from the house 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 same to the governor, taking a receipt therefor, showing the day and hour at which each bill was deposited in the executive office.
RULE 9. The secretary shall number every bill and joint resolution in the order of its introduction. The number so given shall be known as the senate bill numbers. All bills and joint resolutions shall be printed upon the recom- mendation of the committee having the same in charge or upon the request of the senator introducing the same. When bills or joint resolutions are printed, the secretary shall give to each another number, in the order in which printed. Such numbers shall be known as the file numbers. He shall also cause to be printed at the head of every bill or joint resolution printed, the number of the same, the file number, the name of the senator introduc- ing the bill, the date of introduction, the committee reporting, and the character of the report.
RULE 10. The secretary shall keep a record of all senate bills and joint resolutions and of all house bills and joint resolutions received by the senate, in which record he shall enter the title, number and name of the senator or member introducing each such bill or resolution, and the committee to whom
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the same is referred. He shall also make an entry therein of every disposi- tion made of each bill or joint resolution and the date thereof. He shall also make an index of all bills and joint resolutions introduced in the senate, referring to the same by their numbers.
DUTIES OF MEMBERS.
RULE 11. No senator shall absent himself from the senate without leave first obtained.
RULE 12. Smoking shall not be allowed in the senate chamber during the time the senate is in session, and the presiding officer shall enforce this rule.
RULE 13. Every senator when he arises to speak, shall address the chair, standing at his desk. No senator shall speak more than twice in any one debate on the same day, without leave of the senate, except chairmen of committees upon matters reported by them
RULE 14. When two or more senators rise at the same time, the president shall name the senator who is first to speak.
ORDER OF BUSINESS.
RULE 15. After the correction and approval of the journal, the order of business shall be as follows:
Messages from the governor.
Communications from state officers.
Motions and resolutions.
Presentation of petitions.
Reports of standing committees.
Reports of select committees.
Messages from the house.
Notices.
Introduction of bills.
Unfinished business.
Special orders of the day.
General orders.
Third reading of bills.
COMMITTEES.
RULE 16. The following standing committees shall be appointed at the com mencement of a regular session, the first named senator to be the chairman:
Agricultural college.
Agricultural interests.
Apportionment. Asylum for insane at Kalamazoo.
Asylum for insane at Newberry.
Asylum for insane at Pontiac.
Asylum for insane at Traverse City
Banks and corporations.
Cities and villages.
Claims and public accounts.
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College of mines. Constitutional amendments. Counties and townships. Education and public schools. Elections. Executive business. Federal relations. Finance and appropriations. Fisheries. Forestry interest. Gaming interests. Geological survey. Home for feeble minded. Horticulture.
Immigration.
Industrial home for girls. Industrial school for boys. Insurance.
Judiciary.
Labor interests.
Liquor traffic. Mechanical interests.
Military affairs.
Mining interests.
Normal college.
Normal school at Mt. Pleasant.
Normal school at Marquette.
Printing. Public buildings.
Public health. Railroads. Reformatory at Ionia.
Religious and benevolent societies.
Roads and bridges.
Rules and joint rules.
Saline interests.
School for the blind.
School for the deaf. Soldiers' home.
State affairs.
State asylum.
State lands. State library.
State prison.
State prison at Marquette. State public school. Supplies and expenses. Taxation. University.
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THE LEGISLATURE
The following committees shall consist of five senators: Finance and appro- priations, judiciary, railroads, cities and villages, labor interests, executive business, apportionment, banks and corporations, fisheries, game interests, and taxation. All other committees shall consist of three members. No committee shall sit during the session of the senate, unless with leave granted; nor employ clerks, nor incur any public expense, unless authorized by resolu- tion of the senate. The committees shall report upon all matters referred to them, without unnecessary delay, and shall return all petitions and other papers referred to them to the secretary of the senate. All nominations to office submitted by the governor, and all other executive business, shall be referred to the committee on executive business and shall be reported upon by such committee with all convenient speed. The committee on supplies and expenses of the senate shall examine all bills for supplies and expenses of senators and committees for stationery, clerk hire and other purposes not provided for by existing laws, and certify to the correctness of the same, and no such bill shall be audited or paid by any officer of the senate, or by any board or officer of the state, unless so certified by the chairman or other member of the committee.
RULE 17. All bills and joint resolutions shall, on introduction, be referred to the proper committee, and when reported back to the senate shall be referred to the committee of the whole and placed on the general order; except bills appropriating money, which shall be referred to the committee on finance and appropriations, and reported on by that committee, before being referred to the committee of the whole.
COMMITTEE OF THE WHOLE.
RULE 18. When the senate shall have arrived at the "General Orders of the Day," it shall go into committee of the whole upon such orders, or a par- ticular order designated by the senate, and no business shall be in order unless the whole are considered or passed, or the committee rise; and unless a particular bill is ordered up, the committee of the whole shall consider, act upon or pass the general orders, according to the order of their reference. RULE 19. In forming a committee of the whole senate, a chairman to be named by the president, unless otherwise ordered, shall preside.
RULE 20. The rules of the senate shall be observed in committee of the . whole, so far as they may be applicable, except limiting debate, ordering the previous question, and taking the yeas and nays. A motion that the com- mittee rise shall always be in order and shall be decided without debate. Motions recommending action by the senate shall take precedence in the same order as analogous motions in the senate.
BILLS AND JOINT RESOLUTIONS.
RULE 21. In all bills amending any part of the last compilation of the laws, the section or sections amended shall be referred to in the title of the bill, by the compiler's numbers, and the object of the bill shall be expressed in its title. The title of any bill amending any act if not compiled, shall refer
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to the section or sections amended, state the number of the act, and specify the date of its approval.
RULE 22. At least one day's notice shall be given of the introduction of any bill amending an act of incorporation.
RULE 23. Every bill shall receive three readings previous to its being passed, and the president shall give notice of each, whether it be the first, second or third. No bill shall be amended or committed until it shall have been twice read; and all joint resolutions, which direct the payment of money, or the incurring of any expense, or which purpose any amendment to the constitu- tion, shall be treated as bills.
RULE 24. All bills recommended for passage by the committee of the whole shall be considered as ordered to a third reading without further action.
RULE 25. All bills shall be put upon their final passage in the same order in which they are ordered to a third reading, unless the senate shall other- wise direct.
RULE 26. The question on the final passage of all bills and joint resolutions, which by the constitution require the assent of two-thirds of the senators elect, shall be taken by yeas and nays, and entered on the journal, and unless two-thirds of all the senators elect vote in the affirmative, the bill or joint resolution shall be declared lost. And whenever such bill or joint resolution shall receive such assent of two-thirds as aforesaid, the fact thereof shall be certified upon said bill or joint resolution. The president shall certify the passage of all bills and joint resolutions to the governor.
RULE 27. No amendment shall be received for discussion at the third read- ing of any bill, resolution or proposed amendment of the constitution, recommended for passage by committee of the whole, unless seconded by a majority of the senate, but it shall at all times be in order, before the final passage of the bill, resolution or proposed constitutional amendment, to move its commitment or recommitment. ·
RULE 28. When a proposed amendment to the constitution, or any bill re- quiring the concurrence of two-thirds of the senators elect is under con- sideration, the concurrence of such two-thirds shall not be requisite to decide any question for amendment, or relating to the merits, being short of the final question, except on amendments to bills that are returned from the house of representatives to the senate for final action.
RULE 29. When a bill or joint resolution originating in either house shall have been lost in the senate, neither the same nor any other bill or joint resolution on the same subject and containing similar provisions, shall be subsequently considered by the senate during the same session.
MOTIONS AND RESOLUTIONS.
RULE 30. No motion or resolution shall be debated until the same is stated by the chair, and it shall be reduced to writing if required by the president or any senator, and shall be delivered in at the desk and read by the pres- ident or secretary before the same shall be debated; but the same may be withdrawn at any time before the decision or amendment.
RULE 31. When a question is under debate, no motion shall be received but-
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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 the re-assembling of the senate.
'RULE 32. A motion to adjourn shall always be in order; that and the motion to lay on the table shall be decided without debate. A motion for recess, pending the consideration of other business, shall not be debatable.
RULE 33. If a question before the senate is susceptible of division, the same shall be divided on the demand of any senator.
RULE 34. When the motion is made to amend by striking out and inserting other words, the same shall be deemed indivisible, but either the words pro- posed to be struck out or to be inserted, may be amended.
RULE 35. A decision to lay upon the table shall carry with it all questions to which it is attached, except in the case of laying an appeal on the table.
RULE 36. When a question has been once decided, it shall be in order for any senator to move the reconsideration thereof; but no motion for the reconsideration of any vote shall be in order unless the bill, resolution, message, report, amendment, or motion upon which the vote was taken shall be in the possession of the senate; nor shall any motion for reconsideration be in order unless made on the same day the vote was taken, or within the next two days of the actual session of the senate thereafter, nor shall any question be reconsidered more than once. A motion to reconsider the vote by which any bill or joint resolution shall have passed the senate, shall require the votes of a majority of the senators elect.
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. 12
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CALL OF THE SENATE.
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