USA > Michigan > Michigan official directory and legislative manual for the years 1903-1904 > Part 11
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85
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 senators 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 suffi- cient; 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 pending question or questions in their regular order. The motion for the previous question may be limited by the mover to one or more of the questions preceding 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
91
THE LEGISLATURE
.
executive session, the president shall direct all persons, excepting the sena- tors 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, pro- ceedings and things whereof the secrecy shall be enjoined by order of the senate.
RULE 45. Whenever the senate shall go into consideration of executive business, 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 pro- ceedings 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 president shall have determined whether he is in order or not; and every question of order shall be decided by the president, subject to an appeal to the senate by any senator; and if a senator be called to order for words spoken, the exceptional 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-senators, 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 sus- pended by a vote of two-thirds of the senators actually present.
92
MICHIGAN MANUAL
HOUSE RULES.
CHAPTER I.
THE SPEAKER.
RULE 1. The speaker shall take the chair each day at the hour to which the house shall have adjourned. He shall call the house to order, and, except in absence of a quorum, shall proceed to business in the manner prescribed by these rules.
RULE 2. He shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose ; and shall decide questions of order, subject to an appeal to the house, on which appeal no member shall speak more than once, except by leave of the house.
RULE. 3. He shall appoint all committees, except where the house shall otherwise order.
RULE 4. He may substitute any member to perform the duties of the chair, but not for a longer time than one day, except by leave of the house.
RULE 5. When the house shall have decided to go into a committee of the whole, he shall name a chairman to preside therein.
RULE 6. He shall vote on all elections or divisions called for by any mem- ber 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 affirmative voice is expressed, "As many as are opposed, say 'No.'" If the speaker doubt or a division be called for, the house shall divide-those voting in the affirmative shall first rise from their seats; 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 committees 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 conformity to the rules; keep the several orders of business separate and
93
THE LEGISLATURE
distinct, and keep on file the several bills in the order of the third reading in the order in which the 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 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 postoffice, Lansing address, nativity and profession or occupation; a list of counties showing the mem- . bers representing the same; alphabetical list of members showing the com- mittees upon which each one has been appointed; lists of the standing committees of the house, showing membership thereof; lists of the special committees; the assignment of the committee rooms and a list of the elective and appointive employés of the house.
RULE 10c. He shall be responsible to the house for the care and preserva- tion 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 com- mittee 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 com- mittee on enrollment for final comparison 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 forth with 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 extraordin- ary 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.
94
MICHIGAN MANUAL
CHAPTER III.
ORDER OF BUSINESS.
RULE 11. On the meeting of the house, after correcting the journal of the preceding day, the order of business shall be as follows:
1. Presentation of petitions.
2. Reports of standing committees.
3. Reports of select committees.
4. Messages from the governor.
5. Communications from state officers.
6. Messages from the senate.
7. Notices.
8. Introduction of bills.
9. Third reading of bills.
10. Motions and resolutions.
11. Unfinished business.
12. Special orders of the day.
13. General orders of the day.
CHAPTER IV.
MEMBERS.
RULE 12. When any member is about to speak in debate, or present any matter to the house, he shall rise from his seat, and respectfully address himself to "Mr. Speaker;" he shall confine himself to the question under debate, and avoid personality.
RULE 13. Every member who shall be within the bar of the house when a question is stated from the chair, shall vote thereon unless he be directly interested in the question; and no member shall be obliged to vote on any question unless he be within the bar when the question is so stated.
RULE 14. If any member in speaking transgress the rules of the house, the speaker shall, or any member may, call to order; in which case the member so called to order shall immediately sit down, and shall not rise unless to explain or proceed in order.
RULE 15. When two or more members rise at once, the speaker shall name the member who is first to speak.
RULE 16. No member shall speak more than once on the same question, without leave of the house, unless he be the mover of the matter pending, or chairman of the committee who reported the same, in which case he will be privileged to speak twice.
RULE 17. When the house adjourns, the members shall keep their seats until the speaker announces the adjournment.
RULE 18. A majority of the members elected to the house shall constitute a quorum; but any fifteen members shall be authorized to compel the attend- ance 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 dis- course, or pass between him and the chair.
95
THE LEGISLATURE
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 state- ment 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 calling of the roll on any question, to return thither, and from thence to announce his vote. If a member shall refuse to vote, after being directed so to do by the speaker, he shall be deemed to be in contempt of the house, and shall suffer such punishment as the house may direct, and a 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 announcement of the vote by the clerk; but he shall preserve order and direct members who are not in their seats to resume the same and vote when their names are called .- H. J., April 20, 1899.
CHAPTER V.
MOTIONS.
RULE 25. When a motion is made and seconded, it shall be stated by the speaker; or, being in writing, it shall be handed to the chair, and read aloud by the clerk before being debated.
RULE 26. Every motion shall be reduced to writing if the speaker or any member shall request it, and shall be entered upon the journal, together with the name of the member making it, unless withdrawn or ruled out of order by the speaker.
RULE 27. After a motion has been stated by the speaker, or read by the clerk, it shall be deemed to be in the possession of the house, but may be withdrawn at any time before 'decision or amendment.
RULE 28. When a question is under debate, no motion shall be received but-
1. To adjourn.
2. To take a recess.
96
MICHIGAN MANUAL
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 con- sideration 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 pres- ent 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 pre- vious question shall be to put an end to all debate and bring the house to a direct vote upon a motion to commit, 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 upon pending amendments, and then upon the main question. When a motion to reconsider is taken under the previous question and is decided in the affirmative, the previous question shall have no opera- tion upon the question to be reconsidered. If the house shall refuse to order the main question, the consideration of the subject shall be resumed as though no motion for the previous question had been made .- H. J., May 4, 1893.
RULE 31. All incidental questions of order arising after a motion is made for the previous question, and pending snch motion, shall be decided whether on appeal or otherwise without debate.
RULE 32. All questions shall be put in the order they were moved, except in the case of priviledged questions; and in the filling up of blanks, the largest sum and the longest time shall be first put.
RULE 33. Any member may call for a division of the question, which shall be divided if it comprehend propositions in substance so distinct that one being taken away a substantive proposition shall remain for the decision of the house. A motion to strike out and insert shall be deemed indivisible.
RULE 34. Any member who voted on that side of the question which pre- vailed may move for a reconsideration thereof on the same or next succeed- ing day ; and such motion shall take precedence of all other questions, except a motion to adjourn; but shall not be renewed on the same day. A motion
97
THE LEGISLATURE
to reconsider any question, if laid on the table, may be taken therefrom and disposed of at any time within the period allowed by this rule for mov- ing a reconsideration. The motion to postpone indefinitely shall not be recon- sidered .- H. J., Feb. 2, 1897.
RULE 35. No motion or proposition on a subject different from that under consideration shall be admitted under color of an amendment.
CHAPTER VI.
COMMITTEE OF THE WHOLE.
RULE 36. When the house shall have arrived at the "General Orders of the Day," it shall go into committee of the whole upon such orders, or a particular order designated by a vote of the house, and no business shall be in order until 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 37. In committee of the whole, bills shall first be read or debated by clauses or sections, leaving the preamble to be last considered. The body of the bill shall not be defaced or interlined, but all amendments shall be entered on a separate piece of paper, and reported to the house by the chairman standing in his place.
RULE 38. A motion that the committee rise shall always be in order and shall be decided without debate.
RULE 39. A motion to reconsider shall be in order in committee of the whole.
RULE 40. The rules of the house shall be observed in committee of the whole, so far as they may be applicable, except that it cannot refer a mat- ter to any other committee; it cannot adjourn; the previous question shall not be enforced; the yeas and nays shall not be called; a motion to indefi- nitely postpone shall not be in order; a member may speak more than once; the title or enacting words of a bill or joint resolution shall not be amended or stricken out.
CHAPTER VII.
COMMITTEES.
RULE 41. The following standing committees shall consist of nine members each: Committees on ways and means, judiciary, railroads, liquor traffic, private corporations, fish and fisheries, state affairs, revision and amendment of statutes, and general taxation. The committee on apportionment shall con- sist of thirteen members; all other committees shall consist of five members each, and shall be appointed at the commencement of the session. The standing committees of the house shall be as follows:
1. Agricultural college.
2. Agriculture.
3. Apportionment.
4. Asylum for criminal insane.
5. City corporations.
6. College of mines.
7. Drainage. 13
.
98
MICHIGAN MANUAL
8. Eastern asylum for insane.
9. Education.
10. Elections.
11. Federal relations.
12. Fish and fisheries.
13. Game laws.
14. General taxation.
15. Geological survey.
16. Home for feeble minded.
17. Horticulture.
18. Industrial school for boys.
19. Industrial home for girls.
20. Institution for the deaf.
21. Insurance.
22. Judiciary.
23. Labor.
24. Liquor traffic.
25. Local taxation.
26. Lumber and salt.
27. Michigan asylum for insane.
28. Military affairs.
29. Mines and minerals.
30. Normal schools.
31. Northern asylum for insane.
32. Printing.
33. Private corporations.
34. Public health.
35. Public lands.
36. Railroads.
37. Religious and benevolent societies.
38. Revision and amendment of the statutes.
39. Roads and bridges.
40. Rules and joint rules.
41. School for the blind.
42. Soldiers' home.
43. State affairs.
44 State capitol and public buildings.
45. State house of correction.
46. State library.
47. State prison.
48. State public school.
49. Supplies and expenditures.
50. Towns and counties.
51 University.
52. Upper peninsula asylum for the insane.
53. Upper peninsula prison.
54. Village corporations.
55. Ways and means.
-11. J., May 4, 1893. H. J., Jan. 2, 10, 1895. II. J., Jan. 7, 12, May 25, 1897. H J., Jan. 11, 1899. II. J., Jun. 2, 1901.
99
THE LEGISLATURE
RULE 42. The first named member of any committee shall be the chair- man, unless the committee by a majority of their number elect a chairman. RULE 43. No committee shall sit during the sessions of the house, without special leave, nor shall employ a clerk at the public expense, without first obtaining leave of the house for that purpose.
CHAPTER VIII.
BILLS AND JOINT RESOLUTIONS.
RULE 45. Every bill or joint resolution shall be introduced on the report of a committee, or by motion for leave ; in the latter case, at least one day's notice shall be given, which notice shall be in writing, and shall contain the title of the bill or joint resolution.
RULE 46. Every bill or joint resolution shall receive three several readings previous to its passage ; the first and second readings may be by its title only, but the third reading shall be in full, unless otherwise ordered by the house, and on a day subsequent to that on which it receives its second read- ing, or passed the committee of the whole house.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.