USA > Michigan > Michigan official directory and legislative manual for the years 1905-1906 > Part 14
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89
THE LEGISLATURE.
no amendments are offered, he says, "If not the section will be passed. It is passed." He then reads the next section, and so on to the end of the bill. When the whole bill has been read, he asks, "Are there any amendments to the body of the bill?" Pausing again, if no amendments are offered, he says, "If not, the bill will be passed. It is passed." No amendments to a section are in order until the section has been read, nor any to the body of the bill until the whole bill has been read. The committee of the whole cannot amend the title nor strike out the enacting clause. All after the enacting clause may be stricken out, which is equivalent in effect. The committee may report a bill back to the house with the recommendation that it be laid on the table; recommitted to a committee; indefinitely postponed; made a special order; put upon its immediate passage, or otherwise disposed of. If the committee desires to rise before finishing the consideration of a bill, the usual motion is "that the committee rise, report progress and ask leave to sit again." If all the bills on the general order have been considered, or if the committee has just finished the consideration of a bill and wishes to rise instead of taking up further work, the proper motion is "that the com- mittee rise." This motion is always in order; yet if it prevails, pending action on any measure, the bill or joint resolution is not reported to the house by the chairman, but falls back to its original place upon the files. If the motion to rise is decided in the affirmative, the speaker or president resumes the chair and calls the house to order. The chairman makes his report, and the house acts upon its recommendations and amendments. If the house concurs in the committee's recommendations, the bills are disposed of in accordance therewith. If the house refuses to concur the bills are disposed of as the house directs. If the committee has stricken out all after the enact- ing clause of a bill and the house concurs, the title and enacting clause are laid on the table. The amendments made in committee of the whole are written on slips of paper, and are not incorporated with the body of the bill unless the house concurs in the same. [In reference to amendments, see "Reports of standing committees."]
The bills which have been reported to the house with the recommendation that they do pass are then placed on the order of third reading of bills for the next day's proceedings.
MISCELLANEOUS.
The day's work, after the legislative session has fairly begun and the general order files are well filled, usually closes with the work in committee of the whole. The house may, however, resume the regular order of business, or it may take a recess, or adjourn to give standing committees time to work and dispose of the bills on hand, that they may be printed and placed on the general order. Committee work is done in the rooms assigned to the respective committees.
A recess is taken from one hour of the same day to another, fixed in the motion for recess. An adjournment is taken to the usual hour of meeting on the next day, or some special hour fixed in the motion for adjournment. Each house determines the hour for the beginning of its daily sessions. When it is desirable to convene at some other hour, a resolution is often adopted " that when this house adjourns to-day, it stand adjourned until to-morrow at - o'clock - M." Then a simple motion to adjourn carries the session over to the time fixed in the resolution. Each house makes such ad- journments as it deems best, subject only to the restrictions of section 12, Art. IV., of the constitution.
After a bill or joint resolution has passed both houses and has been returned to the house in which it originated, it is there referred to the clerk to be printed and presented to the governor for his approval. The clerk then has the bill printed in accordance with the provisions of sections 39-41, C. L., 1897, changing its title from " a bill " to " an act." If it has been ordered to take immediate effect and so appears by the certificates of the secretary of the senate and the clerk of the house, an additional clause is added stating that " This act shall take immediate effect." This clause is often improperly added by members in drafting a bill. It should be omitted in the draft, as it has no force unless the bill is ordered to take immediate effect, by a vote of two- thirds of all the members elect in each house and is so certified by the two clerical officers, in which case it becomes the duty of the clerk to add the clause. The draft should also
12
90
MICHIGAN MANUAL.
be endorsed " a bill," and not " an act," as is sometimes done. The copy of the act so printed is then submitted to the president of the senate and speaker of the house for their signatures. It is next submitted to the governor for his approval, and the clerk reports the bill as having been presented to the governor. The original bills, as well as the enrolled copies, after approval by the governor, are finally filed in the office of the secretary of state. Any variations between the two are indicated by the use of brackets in the printing of the session laws.
Section 14, Art. IV., of the constitution, prescribes the duteis of the governor, in relation to bills presented to him for approval. Whatever action he may take thereon is announced by him to the legislature by appropriate messages, which are entered on the journal. If he approves, this closes the history of the bill on the legislative records. If he disapproves, further action may be taken to pass the bill over the governor's veto, or the same may be finally disposed of by tabling, or indefinite postponement.
91
LEGISLATIVE DECISIONS.
MICHIGAN LEGISLATIVE DECISIONS.
NOTE .- These decisions have been carefully collected from the legislative journals from 1835 to 1903, inclusive. The comments to the rulings up to and including num- ber 91 were first written by D. L. Crossman, for many years clerk of the House, while those from number 91 to 98 were written by Lewis M. Miller, ex-clerk of the House. Charles S. Pierce, ex-secretary of the Senate and present clerk of the House, and Paul H. King, present journal clerk of the House, have since revised and rewritten the decisions and comments and added to them the later rulings.
The references "S. J." and " H. J." stand for "Senate Journal" and "House Journal," respectively.
INDEX.
Absentees-
sending for, under call of house.
17
request for attendance of, after refusal to order call. 18
reconsideration of motion to send sergeant-at-arms after 62
Adjournment-
under call of house. 1
precedence of motion for.
80
pending roll call. .. 120
second motion for, when no intervening business. 145
Amendment-
after motion to strike out all after enacting clause lost .. 2 7
to strike out part after motion to strike out all.
4
to report of select committee. 5
must be relevant .. 6
of amendment to amendment of other house.
9
pending falls upon commitment .. 10
to parts of bills agreed to by both houses.
11
concurrence in, of other house to substitute, passes bill. 14
by conference committee to parts of bill already agreed to 22
recommendation of new, by conference committee. 23
division of question on concurring in, recommended by conference committee
28
divisibility of motion to strike out all after word "Resolved" in joint resolution.
30
of substitute
74
adoption of more than one, by one vote.
111
by one house to amendment of other ..
133
to make bill counterpart of one already lost .. 134
non-concurrence in, by other house .. 141
proposal on third reading of, proposed in committee of whole.
150 Announcement of vote-See Vote.
Answers-
withdrawal of, on breach of privilege
69
Appeal-
privilege of, relative to protest.
54
reconsideration of vote on motion to table. 66
refusal to.entertain .. 81
on question of fact .. 114
Appropriation-
payment of an incidental expense, not an. 117
of public property to private use 78, 82, 85, 86, 96, 97, 98, 136, 139, 151
Authorities-
right of members to read
12
Ayes-See Yeas and nays.
Bills-
amendment of-See Amendment.
reconsideration of-See Reconsideration.
16,115
indefinite postponement on third reading and passage of .. 33
joint resolution takes same course as a ... . 34
introduction of, prepared by special commission 79
refusal to entertain irrelevant motions on third reading of. 81
84
recalling of, from governor ....
consideration of, counterpart of one already lost. . .
134
reading of ..
75
of motion to indefinitely postpone ..
Dec. No.
92
MICHIGAN MANUAL,
Bills-Continued: Dec. No.
discussion of, on motion to suspend rules. 137
any action on, already out of its regular order not suspension of rules 146
reference to committee of whole of, reported without recommendation. 149
proposal on third reading of, of amendment proposed in committee of the whole. unconstitutionality of, no ground for point of order
150
motion relative to, pending passage of another
155
Breach of Privilege-See Privilege.
Call of the House (or Senate)-
adjournment in order during. 1
sending for absent members under
17
refusal to order, renders request for attendance forceless.
18
is debatable ..
19
transaction of business under
20
precedence of, over previous question ..
53
reconsideration of motion to send for absentees during.
62
Change of Vote-See Vote.
Commitment-
amendment pending falls upon . 10
divisibility of question of, with instructions. 29
of bill and substitute, pending motion to table substitute. 49
motion for, during taking of vote. 132
Committee-
standing, relevancy of substitute reported by, after fifty day limit. 38
privilege of proceedings in.
45
printing of papers in possession of. 59
discharge of ...
95
consideration of resolution similar to one in.
116
requesting of, to report .. . 135
select, report of, may be amended .. 5
discharge of, by report . 48
Committee of Conference-See Conference Committee.
Committee of the Whole-
discharge of, equivalent to acceptance of report. 8
printing of substitute in possession of ..
58
discharge of ... 83, 100
reconsideration of refusal to adopt report of 121
reference to, of bill reported without recommendation. 149
proposal on third reading of amendment proposed in.
150
Concurrent Resolution-See Resolution.
Conference Committee-
adoption of report of, passes bill. 15
amendments by, to parts of bill already agreed to. 22
recommendation of new amendments by. 23
protest against correction of journal making cliange in report of . 55
appointment of. 141,142
Contestant-
right of, to vote 93
Counting of Quorum-See Quorum.
Debate-
right of members to read authorities in. 12
second speech by same member in.
43
after commencement of roll call .. 46
on question of indefinite postponement. 75
on question partly debatable and partly undebatable. 76
unparliamentary language in. 102
reading of newspaper articles in
103
relevancy in .. . 103,107
prevention of, by previous question. 110
on bill pending motion to suspend rules. 137
protracted discussion in, by member held dilatory. 147
Dilatory Proceeding-
motion for a recess held to be a. 128
protracted discussion in debate by one member held to be a 147
Discharge-See Committee and Committee of the Whole.
Division-
demand for yeas and nays after ordering of. 13
Division of Question-See Question.
Election of Members-See Members.
Enacting clause-
amendment out of order after motion to strike out all after, lost. 2,7
Executive Session-
clearing of galleries during.
31
Expenses-
payment of, does not involve appropriation.
117
payment of, payee being federal officer .
118
Expositions-
appropriations for, do not require two-thirds vote 98,139, 151
154
93
LEGISLATIVE DECISIONS.
Extra Session- Dec. No.
subject matter of concurrent resolution not recommended by Governor's message to .. 71
adoption of rules for. 99
Federal Officer-
payment for services of sergeant-at-arms, a. 118
Fifty-day Limit-
reporting of irrelevant substitute after .. 8
relevancy of substitute reported by committee after 38
concurrent resolution containing legislation after. 39
introduction of joint resolution after 72
Floor-
right of members to, a second time in debate .. 44
yielding of. . 112
right of members to, to present question of privilege. 129
Galleries-
clearing of senate, for executive session. 31
Government-
disrespectful allusion to co-ordinate branch of.
41
Governor- recalling of bills from.
84
rejection of message from.
130
Governor's Messages-See Messages from Governor.
House-
protest must not contain reflections on 61
motion to reconsider bill out of possession of.
63, 68
Indefinite Postponement-
of motion to lay on table 32
on third reading and passage of bill. 33
relation of previous question to. 52
75
reconsideration of .. . 123
144
Instructions-
divisibility of question of commitment with. 29
Introduction of Bills-See Bills.
Joint Convention-
vote of president pro tem. in.
73
Joint Resolution -- See Resolution.
Journal-
exclusion of minority report from
37
protest against correction of, contrary to facts .. 55
expunging proceedings from ... . 56
withdrawal of answers from, on breach of privilege.
69
spreading of protest on .. 87
spreading of minority report on. 140
Members-
right of, to read authorities. 12
sending for absent, under call of house.
17
request for attendance of absent, after refusal to order call . 18
validity of votes given for, while postmasters ..
24
election and qualification of.
24,25
right of, to vote, pending decision of contested election ..
25
right of, to change vote ... 26,70
disrespectful allusions of, to co-ordinate branch of government ..
41
requiring of, to vote upon reconsideration.
60
right of, to have protest spread on journal ..
87
recognition of . 112
right of, to floor. 112,129
protracted discussion in debate by, held dilatory.
147
Messages from Governor-
subject matter of resolution not recommended in, to special session. 71
rejection of. 130
Minority-
report of. 35, 36, 140
exclusion of report of, from journal . 37
right of, to protest .. 104
Motions-
precedence of 80
refusal to entertain. 81
certain held dilatory 128
to commit during taking of vote .. 132
relative to bill pending passage of another bill. 155 Nays-See Yeas and Nays.
Newspapers- reading of articles from, in debate. 103
Notice of Reconsideration-See Reconsideration.
second speech by, in debate .. 43
amendment and discussion of motion for
motion for, not in order after adverse vote.
94
MICHIGAN MANUAL.
Oath of Office- Dec. No.
administration of, to secretary of senate. 40
Pairs-
not recognized by rules. 152
Personal Privilege -- See Privilege.
Postmasters-
validity of votes given for, as candidates for legislature. 24
President pro tem .-
right of, to vote. 27
vote of, in joint convention. 73
Previous Question-
on motion to indefinitely postpone 52
precedence of call of senate over 53
prevention of debate by 110
operation of, beyond main question.
131
Printing-
of report on the table 57
of substitute in possession of committee of the whole. 58
of papers in possession of committee ... 59
discussion of motion for, and laying on table. 76
Privilege-
of acts of committee. . 45
of appeal relative to protest ..
54
withdrawal of answers on breach of.
69
introduction of resolution as question of .. 88
question of, on failure to secure recognition.
129
Protest-
privilege of appeal relative to. 54
against correction of journal contrary to facts.
55
containing reflections on the house.
61
spreading of, on journal.
87
reflecting on senate
.92, 106
consistency of, with facts.
101
right of minority to make. 104
must not be personal .. 105
Public Property-
vote required to appropriate to private use .. 78, 82, 85, 86, 96, 97, 98, 136, 139, 151 Qualifications of Members-See Members.
Question-
division of, in concurring in adoption of report of conference committee. 28
divisibility of, on motion to strike out all after word "Resolved" in joint
resolution ..
30
Question of Privilege-See Privilege.
Quorum - counting of a ...
109,122
Reading of Bills-See Bills.
Recall-
of resolution, question of .. 42,94
relative to matter already settled. 89
of bills from governor .. 84
Recess- motion for, held dilatory 128
Recognition-
question of privilege on failure to secure. 129
Reconsideration-
administration of oath to secretary, motion for, of election being on table ..
40
requiring of member to vote upon question of.
60
of motion to dispatch sergeant-of-arms after absentees. 62
after transmission of bill .. 63,68
notice of, does not cut off immediate.
64
of resolution not in possession of house.
65
of vote tabling appeal ..
67
of vote on vetoed bill.
91
tabling of motion for ..
108
of vote on refusal to adopt report of committee of whole. 121
of indefinite postponement .. 123
of motion to lay on table motion for .. 138
motion for, only one in order after adverse vote. 144
more than one motion for, permissible. 153
Report-
requesting of committee to make. 135
of committee of the whole, reconsideration of refusal to adopt. 121
of conference committee- adoption of passes bill .. 15
division of question on adoption of. 28
of minority-
receiving of .. . 35, 36, 140 37
exclusion of, from journal.
66
of reconsideration.
95
LEGISLATIVE DECISIONS.
Dec. No.
of select committee- amendment of .. discharge of by ..
48
Resolution-
presentation of, not question of privilege ..
concurrent-
form of.
21
containing legislation after fifty-day limit.
39
reconsideration of, not in possession of house.
65 71
return of, refused. recall of.
94
consideration of, similar to one already considered.
116
declaring sense of senate. 119
joint-
divisibility of question of striking out all after word "Resolved" in. 30
takes same course as bill ...
34
introduction of, after fifty-day limit. 72
considered same as bills .. 72
for relief, vote required on. 136
Roll Call-
debate after commencement of.
46
adjournment pending.
120
Rules-
suspension of, order not being that of motions and resolutions 51
discharge of committee of the whole suspension of.
83
adoption of, for special sessions. 99
vote required for suspension of. 124, 125
discussion of bill on motion for suspension of ..
137
any action on bill already out of its regular course does not require sus-
146
Secretary of Senate- administration of oath to.
Select Committee-See Committee.
Senate-See House.
Senate Chamber-
clearing of, and galleries during executive session 31
Senator-See Member.
Sergeant-at-arms-
payment of, for assisting in organization. 117,118
Special Orders-
consideration of, conflicting. 113
Special Session-See Extra Session.
Substitute-
for substitute 3, 74, 148
relevancy of 8,38
adoption of amendments to, between houses .. 14
motion to commit bill and, pending motion to table. 49
printing of, in possession of the committee of the whole 58
concurrence in, of other house. 77 Suspension of Rules-See Rules.
Table-
indefinite postponement of motion to lay on ... 32
administration of oath to secretary, motion to reconsider election being on ... 40
motion to lay on, a motion to take from .... 47
motion to lay on, before formal discharge of committee 48 motion to commit bill and substitute pending motion to lay substitute on ... 49
motion to lay on, motion to lay on
50
reconsideration of vote on motion to lay appeal on.
66
discussion of motion to lay on, and print
76
laying on, of motion to reconsider ...
108
reconsideration of motion to lay on, motion to reconsider. 138
motion to take from, bill just laid on. 143
Third Reading-See Bills.
Tie Vote-See Vote. Two-thirds Vote-See Vote.
Unconstitutionality-
of bill, no ground for point of order
154
Veto- reconsideration of vote, on failure to overrule.
Vote-
validity of, given for postmasters as candidates for legislature ..
24
right of members to cast, pending decision in contested election case.
25
change of .. 26, 70, 126
right of president pro tem. to cast, in case of tie. 27,73
requiring of member to cast, upon question of reconsideration. 60
88
adoption of, similar to one already adopted and transmitted .. 42
subject matter of.
89
Report-Continued:
5
91
printing of report on ..
57
pension of .
40
96
MICHIGAN MANUAL.
Vote-Continued: Dec. No.
reconsideration of, tabling appeal.
required to discharge committee of the whole. 66
83
right of seated contestants to cast .. 93
indication of number present b.v 109. 122
on resolution declaring sense of senate. 119
required for suspension of rules. 124,125
changing and announcing of 126
demand for yeas and nays after announcement of ... 127
motion to commit during taking of. 132 required on resolution for relief .. 136
majority required to concur in substitute of other house.
two-thirds- 77
announcement of .. 90
not required on appropriations for world's fairs. 98
not required on any action on bill already out of its regular course. 146
required to appropriate public property to private use .. .78, 82, 85, 86,
96,97, 98, 136, 139
Yeas and Nays-
demand for, after division ordered
after announcement of vote. 127
13
1. A motion to adjourn is in order during proceedings under call of the house .- Church's Appeal, H. J., 1851, p. 272.
Undoubtedly so; in fact, when a call has failed to bring in a quorum, the only way to dispose of it is to adjourn, as no other motion is in order.
2. It is not in order to amend a bill after a motion to strike out all after the enacting clause has been put and lost .- Barry's Appeal, S. J. 1846, p. 257. Jones' Appeal, H. J. 1846, p. 57 (See 4).
This is true because a motion to amend takes precedence of a motion to strike out. Therefore, the motion to strike out is held in abeyance until all motions to amend are disposed of.
3. A substitute for a senate substitute for a house bill was held not in order .- H. J. 1851 (Ex. Session, p. 62).
A substitute for a substitute is never in order. The proper procedure in such case would be a motion for the appointment of a committee of conference on the differences between the two houses relative to the bill.
4. A proposition to strike out a section and insert a new one in lieu thereof having been lost, a motion to amend said section by striking out a portion thereof was held out of order .- H. J. 1870, p. 78.
The motion to strike out and insert a new section should have been held in abeyance for motions to amend the section. But if no such amendments are offered, and the motion to strike out is voted upon, it shuts off the consideration of any further amendments to the section.
5. The report of a select committee may be amended .- Etheridge's Appeal, S. J. 1839, p. 208.
The report of any committee is usually accepted without question, and then be- comes the property of the house, to amend, adopt or reject, as it may please. An exception to this rule is that the report of a conference committee cannot be amended.
6. A motion to amend may be ruled out of order on account of irrelevancy. Greenly's Appeal, S. J. 1840, p. 634.
If a proposed amendment is clearly irrelevant it certainly cannot be in order as an amendment.
7. A motion was made to strike out all after the enacting clause of a house bill and insert in lieu thereof a certain senate bill. The question was divided and the prop- osition to strike out was lost. A motion to amend the bill farther was then held out of order, as the senate had refused to strike out all after the enacting clause .- Sumner's Appeal, S. J. 1840, p. 440.
The motion to strike out and insert should not have been divided, as, under parlia- mentary law, the motion to strike out and insert is not divisible. It is doubtful whether the motion should have been entertained at all as an amendment. The proper mo- tion to accomplish the purpose aimed at is a motion to substitute one hill for the other, which motion must necessarily be held in abeyance for any motions to amend the origi- nal bill.
97
LEGISLATIVE DECISIONS.
8. The committee of the whole having reported a substitute which did not relate to the subject matter of the bill and having been discharged, a point of order was raised while the report was under consideration as to the propriety of entertaining the sub- stitute. Held, that, as the senate had discharged the committee, it was a virtual recep- tion of the report, and that the bill and substitute were before the senate .- Howell's Appeal, S. J. 1844, p. 92.
The ruling is not correct. The substitute was not properly before the senate for the reason that it was not germane to the original bill.
9. An amendment in the senate to an amendment of a house amendment was held out of order. Finley's Appeal, S. J. 1850, p. 329.
This decision is clearly wrong, for the reason that the house amendment came to the senate as an original proposition, and could be amended in the same way as could any other subject matter before the senate.
10. An amendment pending when the bill is committed falls .- Shoemaker's Appeal, S. J. 1850, p. 238.
The intent of the motion is to have the committee perfect the bill, instead of having amendments. which might be objectionable, adopted without due consideration.
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