USA > Michigan > Michigan official directory and legislative manual for the years 1909-1910 > Part 57
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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.
College of mines.
Constitutional amendments.
Counties and townships.
Education and public schools.
Elections.
Executive business.
Federal relations.
Finance and appropriations.
Fisheries.
Forestry interests and state lands.
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.
Michigan employment institution for the blind.
Military affairs.
Mining interests.
Normal college.
Normal school at Kalamazoo.
Normal school at Mt. Pleasant.
Normal school at Marquette.
Printing. Public buildings.
Public health.
Railroads.
Reformatory at Ionia.
Religious and benevolent societies.
Roads and bridges. Rules and joint rules.
Saline interests.
School for the blind.
School for the deaf. Soldiers' home.
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THE LEGISLATURE.
State affairs. State asylum. State library. State prison at Jackson. State prison at Marquette. State public school. State sanatorium.
Supplies and expenses. Taxation.
University and psychopathic ward.
The following committees shall consist of five senators: Finance and appropriations, judiciary, railroads, cities and villages, labor interests, executive business, apportion- ment, banks and corporations, fisheries, gaming interests, taxation, elections, constitu- tional amendments, state affairs and insurance. 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 nominations to office submitted by the governor, and all other executive business, shall be referred to the committee on executive business and shall be reported upon by such committee with all convenient speed. The committee on supplies and expenses of the senate shall examine all bills for supplies and expenses of senators and committees for stationery, clerk hire and other purposes not provided for by existing laws, and certify to the correctness of the same, and no such bill shall be audited or paid by any officer of the senate, or by any board or officer of the state, unless so certified by the chairman or other member of the com- mittee. No motion or resolution calling for an appropriation or expenditure of money shall be acted upon by the senate without first having been referred to some appropriate committee for its consideration and recommendation.
RULE 18. All bills shall, on introduction, be referred to the proper committee by the president, and when reported back to the senate shall be referred to the committee of the whole and placed on the general order, except bills appropriating money, which shall be referred to the committee on finance and appropriations, and reported on by that committee, before being referred to the committee of the whole.
Rule 19. 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 designated by the senate, and no business shall be in order unless the whole are considered or passed, or the committee rise; and unless a particular bill is ordered up, the committee of the whole shall consider, act upon or pass the general orders according to the order of their reference.
RULE 20. In forming a committee of the whole senate, a chairman to be named by the president, unless otherwise ordered, shall preside.
RULE 21. The rules of the senate shall be observed in committee of the whole, so far as they may be applicable, except limiting debate, ordering the previous question, and taking the yeas and nays. A motion that the 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.
RULE 22. At least one day's notice shall be given of the introduction of any bill amending an act of incorporation. All bills introduced shall be accompanied by a true copy, and in all bills amending existing laws changes or new matter shall be placed in brackets, and matter which has been omitted shall be indicated by three asterisks.
RULE 23. 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.
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MICHIGAN MANUAL.
RULE 24. 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.
RULE 25. All bills recommended for passage by the committee of the whole shall be considered as ordered to a third reading without further action.
RULE 26. All bills shall be put upon their final passage in the same order in whichi they are ordered to a third reading, unless the senate shall otherwise direct.
RULE 27. The question on the final passage of all bills, 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 shall be declared lost. And whenever such bill shall receive such assent of two-thirds as aforesaid, the fact thereof shall be certified upon said bill. The president shall certify the passage of all bills to the governor.
RULE 28. 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 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 29. Proposals for amendments to the constitution should be by concurrent resolution and when a proposed amendment to the constitution, or to any bill requiring the concurrence of two-thirds of the senators-elect is under consideration, the concurrence of such two-thirds shall not be requisite to decide any question for amendment, or relating to the merits, being short of the final question, except on amendments to bills that are returned from the house of representatives to the senate for final action.
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 arranged. When a recess is taken during the pendency of any question, the considera- tion of such question shall be resumed upon the re-assembling of the senate.
RULE 32. A motion to adjourn shall always be in order; that and the motion to lay on the table shall be decided without debate. A motion for recess, pending the consideration of other business, shall not be debatable.
RULE 33. If a question before the senate is susceptible of division, the same shall be divided on the demand of any senator.
RULE 34. When the motion is made to amend by striking out and inserting other words, the same shall be deemed indivisible, but either the words 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 be in the possession of the senate; nor shall any motion
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THE LEGISLATURE.
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 whichi any bill shall have passed the senate, shall require the votes of a majority of the senators- clect.
YEAS AND NAYS.
RULE 37. Any senator shall have the right to demand the yeas and nays upon any question.
RULE 38. After the yeas and nays are called upon any question, and after the question is stated from the chair, the secretary directed to call the roll, and the first vote given, no senator shall be entitled to speak on the question, nor shall any motion be in order until such roll call is finished and the result declared.
INDEFINITE POSTPONEMENT.
RULE 39. A motion to postpone indefinitely the further consideration of any bill, resolution, or any other matter, shall require the votes of a majority of the senators elect, and the vote upon such a motion shall not be reconsidered. A motion to lay on the table a motion to reconsider the vote by which any bill or 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 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 ma- jority 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 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 it 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
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MICHIGAN MANUAL.
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. ยท 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 dis- cussion 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 president 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 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 otherwise 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 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. 1
RULE 47. Before any petition or memorial addressed to the senate, shall be re- . ceived 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 take his seat until the president shall have determined whether he is in order; 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 in- vitation 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 suspended by a vote of two-thirds of the senators actually present.
RULE 52. The rules of parliamentary practice comprised in "Cushing's Law and Practice of Legislative Assemblies" shall govern in all cases in which they are not in- consistent with the standing rules and orders of the senate.
607
THE LEGISLATURE.
HOUSE RULES. [Adopted January 12, 1909.]
CHAPTER I. GENERAL PROVISIONS.
Quorum.
RULE 1. A majority of the members elected to the house shall constitute a quorum. Admission to floor.
RULE 2. No person, unless introduced by a member, shall be admitted within the bar of the house, except the governor, members of the senate, heads of the departments of the state government, judges, members of congress, those who have been members of congress, of the constitutional convention of the state and of. the state legislature and such persons as the speaker shall assign places as reporters. All persons provided for as above shall be known to the sergeant-at-arms, and persons introduced shall be admitted within the bar only upon the personal request of a member each time such courtesy is granted.
Bar of the house.
RULE 3. The words "within the bar of the house," when used in these rules, shall mean the space on the main floor of representative hall, together with the cloak and toilet rooms.
CHAPTER II.
OFFICERS.
SPEAKER.
Duties as presiding officer.
RULE 4. 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 the absence of a quorum, shall proceed to business in the manner prescribed by these rules.
RULE 5. He shall preserve order and decorum; may speak to points of order, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the house. When two or more members rise at once, the speaker shall name the member who is first to speak.
Appointment of committees.
RULE 6. He shall appoint all committees, except where the house shall otherwise order.
Naming of acting speaker.
RULE 7. He may substitute any member to perform the duties of the chair, but not for a longer time than one day without leave of the house.
Naming of chairman committee of the whole.
RULE 8. When the house shall have decided to go into the committee of the whole, he shall name a chairman to preside therein.
Voting.
RULE 9. He shall vote in all elections, on all divisions called for by any member and on all questions taken by yeas and nays, except on appeals from his decisions.
Putting the question.
RULE 10. 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
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MICHIGAN MANUAL.
expressed, "As many as are opposed, say 'No." If the speaker doubt or division be called for, the house shall divide-those voting in the affirmative shall first rise, then those in the negative.
Recognition during roll call.
RULE 11. 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 them and vote when their names are called.
SPEAKER PRO TEM.
Powers and duties.
RULE 12. In the absence of the speaker, the speaker pro tem. shall exercise the powers and perform the duties of speaker and shall preside over the house unless the speaker shall have designated a member to preside for any day.
CLERK.
Roll call.
RULE 13. The clerk shall call the roll at the opening of each session of the house and announce whether or not a quorum is present. He shall announce the names of the members absent with leave of the house and the names of the members absent without leave and enter the names of all absentees upon the journal.
Conduct of religious exercises.
RULE 14. He shall arrange for the conduct of religious exercises at the opening of each session of the house.
Publication and correction of journal.
RULE 15. He shall make up and complete the journal of the house in conformity with the rules, supervise the daily publication thereof and make such corrections therein from day to day as may be necessary.
Order of business.
RULE 16. He shall keep the several orders of business separate and distinct, and 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.
Printing, announcement of printing and enrollment of bills.
RULE 17. He shall attend to the printing of all bills, acts or documents ordered printed by the house. He shall announce each day the numbers and titles of all bills, both house and senate, which have been printed and placed upon the files of the members and the numbers and titles of bills which have been enrolled and presented to the gov- ernor.
Responsibility for care of bills; presentation of enrolled bills to governor.
RULE 18. He shall be responsible to the house for the care and preservation of each bill introduced into the house and for each bill 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 passes from his possession. When a bill has been finally passed by the two houses he shall present to the governor an enrolled copy thereof printed in accordance with the statute relating thereto, taking a receipt therefor show- ing the day and hour at which such copy was deposited in the executive office.
Appointment of assistants.
RULE 19. The clerk shall appoint as assistants in the performance of the duties required of him a journal clerk, bill clerk, proofreader, reading clerk, a financial clerk, and such other assistants as the house may by resolution authorize, who shall be subject
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THE LEGISLATURE.
to his orders and to summary removal by him on failure to properly perform the duties assigned them, the reason for such removal to be reported forthwith to the house.
Incapacity of clerk.
RULE 20. In case of the inability of the clerk, from sickness or other cause, to per- form the duties of his office, temporarily, the journal clerk shall be charged with the responsibility of the clerk and shall perform his duties.
Notices in cases of extra sessions.
RULE 21. Whenever the legislature shall be called to meet in extraordinary session, the clerk of the house shall notify to be present at the opening of the session such of the clerks and employes of the house as the speaker of the house shall designate.
SERGEANT-AT-ARMS.
Powers and duties.
RULE 22. The sergeant-at-arms shall be the chief police officer of the house. He shall have charge of the keepers of the cloak and committee rooms, janitors and mes- sengers, and control of all police regulations. He shall attend to the heating, lighting and ventilation of the hall of representatives, committee rooms and connecting corridors. He shall serve all subpoenas and warrants issued by the house or any duly authorized officer or committee. .
CHAPTER III.
MEMBERS.
Conduct in debate.
RULE 23. 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 personalities.
Members called to order.
RULE 24. If any member in speaking transgress the rules of the house, the speaker shall, or any member may, call him 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.
Times members may speak.
RULE 25. 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 it, in which case he shall be privileged to speak twice.
Voting.
RULE 26. Every member who shall be within the bar of the house when the 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.
Recording of votes; demands for votes.
RULE 27. 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 during the calling of the roll on any question, 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 to return to his seat and 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.
Conduct during roll call.
RULE 28. While the speaker is putting any question, or while the roll is being called
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