USA > Michigan > Michigan official directory and legislative manual for the years 1903-1904 > Part 15
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The decision was correct. The closing statement, however, that the question must be decided without debate is not true under the present rules, although true under the rules at that time.
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MICHIGAN MANUAL
76. A motion to lay on the table and print, having been made, held, that the question of printing may be debated .- H. J. 1851, pp. 433-4.
The motion ought not to have been permitted in that form, for the reason that it is not parliamentary to allow a question that is debatable to be united with one that is not debatable.
77. The house passed a bill and the senate adopted a substitute there- for. The vote on the adoption of the senate substitute by the house stood thirty yeas to twenty-six nays. The speaker pro tem. decided the substi- tute not concurred in, a majority of all the members elect not having voted therefor. An appeal was taken and the decision of the speaker pro tem. was not sustained by twenty-two yeas to twenty-seven nays .- Church's Appeal H. J. (Ex. Session), pp. 68-76. The bill was ordered enrolled by the house and sent to the governor, and was returned to the house by Gov. Barry upon a statement of the facts .- Id. pp. 90, 96; also House Docu- ment No. 1, Ex. Sess. 1851.
When a bill originating in one house is amended in the other, the con- currence in that amendment is necessary to the passage of the bill and requires a vote of a majority of the members elect.
78. A bill was pending in the house to declare a certain railroad aid grant of lands forfeited by one corporation and to confer the same upon another by confirming the action of the state board of control in the premises. Held, by the speaker, that a vote of two-thirds of all the mem- bers elect was requisite to the passage of the bill under section 45, Art. IV, of the constitution .- Mercer's Appeal, H. J. 1881, p. 1563.
The bill undoubtedly had the effect of conveying public property to a private corporation, and hence required a two-thirds vote.
79. One of the six bills prepared by the tax commission of 1881, and sub- mitted to the house by the governor in his message, being upon the order of third reading, Mr. Earle raised a point of order against the house at this time taking any action as to the bill in question, his objection being that it had never been properly introduced into the house; that neither a member nor a committee of either house of the legislature had presented the bill ; that by the constitution of this state and the rules of the house, a definite method was provided for the introduction of bills; that that method had been entirely ignored, consequently all future action upon the bill would be entirely unauthorized, as it had no legal standing in the house. Held, that under the law creating the tax commission the bill, with several others, came from the governor as the work of such com- mission ; that the bill entered the house, with others, by special message opening this session ; that the objection raised might be a question for the consideration of the house, but it was not an objection which could be sustained at this time by the presiding officer .- Earle's Appeal H. J. 1882 (Ex. Session).
Had the point of order been raised at the time the bill was received from the governor, or when the first action was taken upon it in the house, it would have been good. Not having been raised until the bill reached the order of third reading, it is doubtful whether it should have been held to be well taken. It might be well to add that it was not the consti- tution, but a rule, which was violated, inasmuch as the constitution pro- vides no definite method for the introduction of bills.
80. A motion "that the senate do now adjourn" was pending when a motion was made "that when the senate adjourn today it stand adjourned until tomorrow at 10 o'clock." The president ruled the latter motion out of order. An appeal was taken, and the ruling of the president sus- tained .- S. J. 1885, p. 796.
No principle of parliamentary law is more clearly settled than that a motion to adjourn takes precedence of all other motions.
81. The senate had voted to place a certain bill "on its immediate pas- sage." The president refused to entertain several motions offered, ruling
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LEGISLATIVE DECISIONS
that nothing was in order but the reading and consideration of the bill in question. Appeal was made but the president refused to entertain it. -S. J. 1885, p. 1297.
A motion to adjourn is always in order, and it would seem that a motion to take a recess, but no other motion, would also be in order during the third reading. After the reading has been completed, any proper mo- tion pertaining to the bill, such as a motion to lay on the table, to amend, to indefinitely postpone .-- would be in order. There are few cases in which a presiding officer is justified in refusing to entertain an appeal.
82. A certain bill authorizing the board of control of state swamp lands to use not to exceed a given number of acres of swamp lands for a certain improvement received 55 votes, and was declared passed. An appeal was taken from the ruling whichi declared the bill passed on less than two- thirds affirmative vote of all the members elect, under Sec. 45, of Art. IV of the constitution. The ruling of the speaker pro tem. was sustained .- H. J. 1885, pp. 1320-2. .
The ruling seems to have been in accordance with the practice in passing bills of that kind, and yet bills making direct appropriations without the intervention of the board of control have been held to require a two- thirds vote. There is no reason for the distinction.
. 83. A motion was made to discharge the committee of the whole from the further consideration of a bill, and claimed carried on a registered vote of 47 yeas to 43 nays. The question was raised, that to discharge the committee of the whole was to divert a bill from the regular course laid down by the rules, and was therefore a suspension of the rules and as such required a two-thirds vote. The speaker ruled that a majority vote was sufficient. An appeal was taken and the ruling of the speaker was sus- tained .- H. J. 1885, pp. 1739-40.
This decision, under the present rules, would not be correct. The rules provide that the bills hall be referred to the committee of the whole and that they shall be taken up in the order of their reference. To discharge the committee of the whole from the consideration of a bill is a suspen- sion of the rules.
84. A bill passed both houses and was sent to the governor for his approval in regular order; shortly afterwards it was discovered that the bill contained a mistake. The house sent a respectful message to the governor, asking the return of the bill. Meantime the governor had placed his signature to the bill and left the city. Upon receipt of the request the private secretary of the governor thought that courtesy demanded that he should return the bill as requested, which he did. When it came up under reconsideration the governor's signature was discovered, and the question raised that it was no longer a bill but an act; that having received the governor's signature it could not be reconsidered. There was no dispute as to the facts ; all it lacked of being an act was the mere deposit in the office of the secretary of state, and a formal mes- sage of approval, which of course the governor was ready to make, be- cause he had approved the bill itself .- H. J. 1885, pp. 1253-4.
A practice has grown up of requesting the return of bills from the governor for the purpose of amendment. This practice has no standing beyond courtesy, and is one which should seldom be indulged in, as it is surrounded with many difficulties, only one of which the case in point illustrates. This case is entirely out of the reach of parliamentary law or practice. The whole trouble was occasioned by too much courtesy on the part of the governor's secretary ; he should have replied by message that the bill had been signed.
85. The bill relative to the manufacture of oleomargarine, being on its final passage, was declared passed on 55 affirmative votes. The question
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MICHIGAN MANUAL
was raised that, as certain provisions of the bill forced the sale of prop- erty to the state at an appraisal, it therefore required a two-thirds vote. The speaker ruled otherwise and an appeal was taken. The ruling was sustained .- H. J. 1885, pp. 1715-6.
This bill was very unusual in its provisions, in that it was an effort to do something that could not be done even by a two-thirds vote, and the courts so held. .
86. A joint resolution extending the time for the completion of a rail- road, and thereby continuing a land grant, was declared passed on a vote of 62 yeas. The question was raised that this was a direct vote of public property to private use, and that the resolution therefore required 67 votes under the constitution, Art. IV, Sec. 45. The speaker ruled a majority sufficient ; an appeal was taken and the ruling sustained .- H. J. 1885, pp. 1377-8.
The decision was not correct. See comments on No. 78. .
87. A protest was offered in due form for publication. A motion was made that the protest be received but not published in the journal of proceedings. The president of the senate ruled the motion out of order because of Sec. 14 of Art. IV of the constitution, which particularly gives any member of either house the right of protest and of having the same entered in the journal. An appeal was taken and the ruling sustained .- Edward's Appeal, S. J. 1887, p. 1422.
It was the member's constitutional right to have his protest spread upon the journal and a motion to deprive him of that right was very properly ruled out of order.
88. A member of the senate arose to a "question of privilege," stating that he wished to introduce a resolution calling for the investigation of a certain state institution. The chair ruled that to introduce such a resolu- tion was not a "question of privilege," and that consequently the resolu- tion was not in order. An appeal was taken and the ruling sustained .- Babcock's Appeal, S. J. 1887, pp. 1432-3.
A resolution to investigate the conduct of a state institution is not a question of privilege, and the decision is correct.
89. The senate sent a request to the house for the return of a concur- rent resolution passed some days before relative to the April adournment. Motion was made to grant the request. The speaker ruled both the request and the motion out of order, as they related to a matter which had been concluded some days before, and all action relating thereto being fully completed, it was not competent for the house to accede to the request. An appeal was taken and the ruling sustained .- Oviatt's Appeal, H. J. 1887, p. 1110.
As the resolution was to fix the time to which the legislature should stand adjourned, when it did adjourn on a given day still in the future, there seems to be no reason why, in accordance with the ordinary cour- tesy between the two houses, the request and motion should not have been entertained.
90. The question was raised as to whether a bill affecting chartered rights acquired prior to the constitution of 1850, having passed the house by more than a two-thirds vote, should not have been declared by the speaker as having received the vote of two-thirds of all the members elect. Held, that notwithstanding the bill did receive the requisite two-thirds, it should have been so declared .- Lakey's Appeal, H. J. 1887, p. 862.
The fact that the bill received a two-thirds vote was sufficient, even though the speaker, in declaring the bill passed, did not state that it was by a vote of two-thirds of the members elect.
91. A bill having passed both houses in due form, was returned by the governor, without his signature, to the house in which it originated. The vote by which the bill was passed was then reconsidered in constitutional
127
LEGISLATIVE DECISIONS
form, and the question then recurred: Shall the bill pass, the objection of the governor notwithstanding? The bill failed to pass, not receiving the necessary votes of two-thirds of all the members elect. A motion was then made to reconsider the vote by which the bill failed to pass, when the point of order was raised that a reconsideration was not in order at this stage of the bill's history-that the constitution, in providing for one reconsideration and no more, presented a bar to all further action. Held, that the point of order was well taken .- Rumsey's Appeal, H. J. 1887, pp. 2266-7.
This decision seems to be in accord with congressional practice and precedents.
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 constitutional provision relative to individual protests cannot be held to require the senate to enter on its journal insulting and contemptu- ous 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. A motion was made to dispense with a further reading of a protest against the action of the senate in seating two contestants, on which motion the point of order was made that the contestants should not be allowed to vote on the question. Held, that the point of order was not well taken .- S. J., February 24, 1891.
The cases having been decided by the senate, and the contestants seated, they were technically entitled to vote on all questions.
94. A motion was made that the senate return a house concurrent resolution. The point of order was raised that, inasmuch as a resolution has nothing tangible in its character, it cannot be recalled ; and further, that it is contrary to the practice of former legislatures. Held, that any- thing sufficiently tangible to be submitted to the senate should be suffici- ently so for its return, and that as the constitution requires concurrent resolutions to be submitted to the executive, they must be considered tangible .- H. J., February 6, 1891.
The practice as to the return of concurrent resolutions had not been definitely settled prior to this decision, for such action is seldom taken. The holding is correct.
95. Against a resolution that the committee on engrossment and enroll- ment be discharged from further consideration of a house bill, the point of order was raised that "the resolution was not in order," which point of order the speaker ruled not well taken .- H. J., March 26, 1891.
The speaker was correct in his ruling, for the house had an undoubted right to recall the bill from the committee.
96. The speaker declared passed on a majority vote a bill authorizing and directing the auditor general of the state to credit to the county of Muskegon certain delinquent taxes. A point of order was raised that the bill, under the provisions of section 45 of article IV of the constitu- tion, required the assent of two-thirds of the members elect. The speaker ruled the point not well taken .- H. J., April 23, 1891.
The only question involved is whether or not the bill appropriated money for a private or local purpose.
97. The house having under consideration a bill to provide for the improvement of the highway on the town line between two townships, and to appropriate state swamp land for that purpose, the speaker announced the bill passed on a majority vote. A point of order was raised that the bill came under the provision of the constitution relative to the
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MICHIGAN MANUAL
appropriation of public property for a private or local purpose. The speaker held the point well taken .- H. J., May 8, 1891.
See comment on No. 96.
98. The house having under consideration a bill to make an appropria- tion for an exhibit of the manufactures and products of the state at the World's Exposition, in Chicago, the speaker announced that the bill had passed, a majority of all the members elect having voted therefor. The point of order was raised that this appropriation was within the mean- ing of the constitutional provision which requires a two-thirds vote. The speaker ruled the point of order not well taken .- H. J., June 3, 1891.
This appropriation was clearly not one for a private or local purpose ; hence the ruling of the speaker was correct.
99. During the special session of 1891, there was offered a resolution, providing for the adoption of rules. A point of order was raised that the rules of the regular session were still in force. Held, that the point was not well taken, inasmuch as the senate had adopted no rules for the special session and was acting under accepted parliamentary law .- S. J., Aug. 5, 1892.
The decision is wrong. At the beginning of the session of 1891, rules were adopted for "this senate." Those rules were in force during the existence of that senate, whether convened in regular or special session.
PLATE 1
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Elmer
Center, it'nek
Lafayette
1 Fremf
Fremont
Mariette
Watertown
TTrooks
Tutrold
@ Juk
OM- L.4n
Wralellle
MO SNOE
Angtar
Farris
Imhall
Spauld
Josista
Cashp
D'APPLIS
·titan Dre.in
Deitlgeluk frohferite
Gran
Eneley
P
Entrice
Pierre
Sulaner
Brebe
RA
I
A
Ing N
·Tosco
Vassar
MAYVILLE
Daft CH
Chiar
Douglas
0
Laurul
Michallinha
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