USA > Michigan > Michigan official directory and legislative manual for the years 1905-1906 > Part 11
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MICHIGAN MANUAL.
ponding number, who shall at once take the seat of his choice, not previously selected, and remain in the seat until all of the one hundred numbers have been called: Pro- vided, That any member necessarily absent on the first day of the session may, in writing, appoint another member to choose a seat for him, and if no one appears for such absent member, then the clerk of the house shall make a selection for him, when his number is drawn.
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 Michigan 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, pro- ceed 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 ma- jority of all 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 senator 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 commencement 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 seesion of the legislature, then on the second Tuesday after the legislature shall have been organized, and shall have notice of such vacancy, the legislature shall proceed 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 certificate shall be counter- signed 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.
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THE LEGISLATURE.
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 de- termined by a majority of the senators present and voting.
RULE 4. The president, unless otherwise directed, shall appoint all committees.
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 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, resolutions, reports of committees, and other proceedings of the senate. All bills and joint resolutions re- ferred 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 tlie business under each order of business, wlien- ever 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 prepared 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 representing the same; a list of standing committees of the senate, showing membership 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 preserva- tion of every bill and joint resolution introduced 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 recommendation of the committee
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MICHIGAN MANUAL.
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 introducing 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 the same is referred. He shall also make an entry therein of every disposition 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 commence- ment 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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THE LEGISLATURE.
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.
Soldier's home.
State affairs.
State asylum.
State lands.
State library.
State prison.
State prison at Marquette.
State public school. +
Supplies and expenses.
Taxation.
University.
The following committees shall consist of five senators: Finance and appropriations, judiciary, railroads, cities and villages, labor interests, executive business, appor- tionment. 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 resolution 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 nomi- nations to office submitted by the governor, and all other executive business, shall
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MICHIGAN MANUAL.
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 com- mittee 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 particular order desig- nated 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 com- mittee 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 ques- tion, and taking the yeas and nays. A motion that the committee 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 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 constitution, shall be treated as bills.
RULE 24. All bills recomended 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 otherwise 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 afore- said, the fact thereof shall be certified upon said bill or joint resolution. The presi- dent 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 reading 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
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THE LEGISLATURE.
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 requiring the concurrence of two-thirds of the senators elect is under consideration, the concur- rence 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 president 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-
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 ar- ranged. When a recess is taken during the pendency of any question, the consider- ation 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 con- sideration 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 proposed 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 ques- tion 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.
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MICHIGAN MANUAL.
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 sena- tors 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 whichi any bill or joint resolution shall have failed to pass the senate, shall have the same effect as a motion to postpone indefinitely, and shall require the same number of votes to carry it.
CALL OF THE SENATE.
RULE 40. A call of the senate may be ordered by a majority of the senators pres- ent, 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 sufficient; in which case the same shall be paid as incidental expenses of the senate), and any such senator or senators absent without sufficient excuse shall not be entitled to per diem allowance during the time of absence, in case the senate shall so determine.
PREVIOUS QUESTION.
RULE 41. The mode of ordering the previous question shall be as follows: Any senator may move the previous question. This being seconded by at least one other senator, the chair shall submit the question in this form, "Shall the main question now be put?" This shall be ordered only by a majority of the senators present and voting. The effect of ordering the previous question shall be to instantly close debate and bring the senate to an immediate vote on the pending question or ques- tions 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 de- cided in the affirmative, the previous question shall have no operation upon the question to be reconsidered. If the senate refuses to order the previous question, the consideration of the subject shall be resumed, as if no motion therefor had been made.
APPEALS.
RULE 42. Any senator may appeal from any decision of the chair. On all appeals the question shall be, "Shall the decision of the chair stand as the judgment of the senate?" Appeals shall be debatable except when the senate is under the operation of the previous question, or the decision appealed from relates to priority of business.
RULE 43. An appeal may be laid on the table, but shall not carry with it the subject matter before the senate at the time such appeal is taken.
EXECUTIVE SESSION.
RULE 44. On motion made and carried to shut the doors of the senate on the discussion of any business which may, in the opinion of any senator, require secrecy, or on motion made and carried that the senate go into executive session, the presi- dent shall direct all persons, excepting the senators and the secretaries and sergeant- at-arms, to withdraw; and during the executive session and the discussion of said motion, the doors shall remain shut, and every senator and officer shall keep secret
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THE LEGISLATURE.
all such matters, proceedings and things whereof the secrecy shall be enjoined by order of the senate.
RULE 45. Whenever the senate shall go into consideration of executive 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 other- wise ordered. Such journal shall be published after the close of the session, at the end of the regular journal of the proceedings of the senate, unless otherwise ordered
CONTESTED ELECTIONS.
RULE 46. In cases of contested elections, notice setting forth the grounds of such contest shall be given by the contestant to the senate within three days of actual session after the senate first convenes; and in such case the contest shall be deter- mined 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.
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