USA > Michigan > Michigan official directory and legislative manual for the years 1909-1910 > Part 60
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Sections 36 and 37, Art. V, of the constitution, prescribes the duties 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 gov- ernor's veto, or the same may be finally disposed of by tabling, or indefinite postpone- ment.
625
LEGISLATIVE DECISIONS.
MICHIGAN LEGISLATIVE DECISIONS.
NOTE .- These decisions have been carefully collected from the legislative journals from 1835 to 1907, 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 ex-clerk of the House, and Paul H. King, present 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 80
precedence of motion for.
pending roll call. 120
second motion for, when no intervening business 145
notices of reconsideration barred by final .. . 170
effect of amendment to motion to fix time to which adjournment is to be taken by substituting hour of same day. 174
Amendment-
after motion to strike out all after enacting clause
2,7
to strike out part after motion to strike out all ..
to report of select committee
must be relevant.
of amendment to amendment of other house.
6 9 10
pending, falls upon commitment. .
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.
division of question on concurring in, recommended by conference com- mittee.
23 28
divisibility of motion to strike out all after word "Resolved" in joint reso- lution.
of substitute.
of motion to indefinitely postpone
adoption of more than one, by one vote ..
by one house to amendment of other.
to make bill counterpart of one already lost
non-concurrence in, by other house ..
proposal on third reading of, offered in committee of whole. not in order after previous question ...
to motion to fix time to which adjournment is to be taken by substituting hour of same day
174
to motion to refer bill on introduction to committee of whole, by substituting name of standing committee ..
175
demand for yeas and nays on, not part of report of committee of whole .. Announcement of Vote -- See Vote.
180
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. 81,184
on question of fact .. 114
right of presiding officer to vote on. 183
Appropriation-
payment of an incidental expense, not an. 117
of public property to private use ..... 78, 82, 85, 86, 96, 97, 98, 136, 139, 151,159 Authorities ---
right of members to read. 12
79
30 74 75 111 133 134 141 150 167
4 5
Dec. No.
626
MICHIGAN MANUAL.
Dec. No.
Ayes-See Yeas and Nays. Bill-
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 inotions on third reading .of. recalling of, from governor .. 84 81
consideration of, wlien subject matter has once been disposed of . 134,181
discussion of, on motion to suspend rules. .
137
any action on, already out of regular order not suspension of rules.
146
reference to committee of whole of, reported without recommendation. 149
proposal on third reading of, of amendment offered in committee of whole 150 unconstitutionality of, no ground for point of order. 154,188
motion relative to, pending passage of another
155
title and enacting clause not considered as
160
retransmission of, without request.
162
tabling of, after passage .. effect of indefinite postponement on subject matter of.
164
not printed, is not ready for consideration of committee of whole
187
Breach of Privilege-See Privilege.
Call of the House (or Senate)-
adjournment in order during ...
1
refusal to order, renders request for attendance of no force ..
18
is debatable. .
19
transaction of business under
20
precedence of, over previous question ..
53
reconsideration of motion to send for absentees during.
62
recess under.
161
effect of motion to proceed with business under ..
173
right of members to vote while under arrest during:
177
Change of Vote-Sce Vote.
Commitment-
amendment pending falls upon. 10
divisibility of question of, with instructions.
29
of bill and substitute, pending motion to table substitute. 49
132
motion to amend motion to refer bill on introduction to committee of whole by substituting name of standing committee.
175
of bills to committee other than one designated by president, a suspension of rules. 184
Committee, Standing-
relevancy of substitute reported by, after fifty day limit.
38
privilege of proceedings in.
45
printing of papers in possession of . 59
95
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. 8,83,100
printing of substitute in possession of ..
58
reconsideration of refusal to adopt report of .. 121
reference to, of bill reported without recommendation. 149
proposal on third reading of amendment offered in. 150
demand for yeas and nays on amendments not part of report of. 180
187
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 change in report of .. 55
appointment of .. 141,142,182
Contestant ---
right of, to vote .. 93
Counting of Quorum-Sce 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
notices for introduction of certain .. 158
163
sending for absent members under.
17
motion for, during taking of vote
discharge of.
bills not printed are not ready for consideration of .
reading of ...
627
LEGISLATIVE DECISIONS.
Debate-Continued. Dec. No.
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, held dilatory. 147
Dilatory Proceeding-
motion for a recess held to be. 128
protracted discussion in debate by one member held to be 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.
Employes-
dispatching of, on business other than for which employed 190
Enacting Clause ---
amendment out of order after motion to strike out all after. 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
Extra Session-
subject matter of concurrent resolution not recommended by governor's message. .
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. 43
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
amendment and discussion of motion for. 75
reconsideration of. 123
motion for, not in order after adverse vote. 144
effect of, on subject matter of bills. 164
Instructions -- divisibility of question of commitment with 29
Introduction of Bills-See Bill.
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
Lobbying ---
resolution prohibiting, held to be covered by rules. 171
628
MICHIGAN MANUAL.
Members- Dec. No.
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.
right of, to change vote .... 26,70
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
admission of, in absence of quorum .. 169
casting of votes by, when under arrest .
Messages from Governor- 177
subject matter of resolution not recommended in, to special session. 71
rejection of 130
Minority-
report of. 35, 36, 140,157
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.
Notices-
requiring of, for introduction of bills affecting city charters. 158
Oath of Office-
administration of, to secretary of senate .. 40
152
Personal Privilege-See Privilege.
Post masters-
validity of votes given for, as candidates for legislature
24
Postponement-
indefinite, see Indefinite Postponement.
172
temporary, of business during call of the house.
President-
held to have right to give casting vote in joint convention.
73
President pro tem .-
right of, to vote.
27
President of the Senate-
right of, to vote ..
183,186
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
amendment not in order after ordering. 167
168
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
recommendations for, effect of .. 156
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
129
Protest-
privilege of appeal relative to. 54
containing reflections on 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
25
disrespectful allusions of, to co-ordinate branch of government. second speech by, in debate ...
43
question of, on failure to secure recognition.
yeas and nays after ordering.
to time certain, of special order. 173
Pairs- not recognized by rules.
629
LEGISLATIVE DECISIONS.
Public Property- Dec. No.
vote required to appropriate, to private use .. 78, 82, 85, 86, 96, 97, 98, 136, 139, 151,159
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 impossibility of putting, as stated. 179
Question of Privilege-See Privilege.
Quorum-
counting of. 109, 122,166
admitting members in absence of ..
169
Reading of Bills-See Bill.
Recall-
of resolution, question of. 42,94
relative to matter already settled. 89
of bills from governor. 84
Recess- motion for, held dilatory 128
under call of the house. 161
motion for, as substitute for motion to fix time to which adjournment is to be taken .... 174
Reconsideration-
administration of oath to secretary, motion for reconsideration of election being on table .. 40
requiring members to vote upon question of. 60
of motion to dispatch sergeant-at-arms after absentees 62
after transmission of bill. 63,68
64
of resolution not in possession of house.
65
of vote tabling appeal.
66
of vote on vetoed bill.
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 reconsideration. 138
motion for, only one in order after adverse vote. 144
more than one motion for, permissible. 153
notices of, barred by final adjournment. 170
Report ---
of committee of the whole, reconsideration of refusal to adopt. 121
requesting committee to make. 135
of conference committee --- adoption of, passes bill ... 15
division of question on adoption of.
28
of minority- receiving of. .35,36, 140,157
exclusion of, from journal.
37
recommending printing of bill, effect of
156
of select committee- amendment of. . 5
discharge of committee by.
48
Resolution-
presentation of, not question of privilege.
88
containing subject matter held to be covered by rules.
171
concurrent-
form of. 21
containing legislation after fifty-day limit.
39
adoption of, similar to one already adopted and transmitted .. 42
reconsideration of, not in possession of house.
subject matter of .. 65
71
return of, refused. 89
recall of. 94
consideration of, similar to one already considered., 116
declaring sense of legislature not to require two-thirds vote. 119
substitution of bill for. 185
containing request, ruled out as imposing duty. 189
joint-
divisibility of question of striking out all after word "Resolved" in. 30
takes same course as bills .. 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
for counting quorum. 166
notice of, does not cut off immediate.
of reconsideration. . 67 91
630
MICHIGAN MANUAL.
Rules- Dec. No.
suspension of, order not being that of motions and resolutions. 51
discharge of committee of the whole not a suspension of. 83
adoption of, for special sessions. 99
vote required for suspension of .. 124, 125
discussion of bill on motion for suspension of ..
any action on bill already out of its regular course does not require sus- pension of ... 146
resolution containing subject matter held to be covered by. 171
refusal to entertain appeal, when sustaining would result in abrogating or changing. 184
commitment of bill to committee other than one indicated by president, a suspension of 184
Secretary of Senate- 40
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
Skeleton Bills-
introduction of. 160
Special Orders-
consideration of, conflicting. 113
postponement of.
172
putting question of fixing, when debate has been prolonged beyond time specified. . 179
Special Session-See Extra Session.
Substitute ----
for substitute. .3. 74, 148
relevancy of .. .8,38, 176
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
motion for recess as substitute for motion to fix time to which to adjourn. . 174
substitution of original bill for original as substituted. 178
substitution of bill for concurrent resolution.
185
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 table a motion to take from ..
47
motion to lay on, before formal discharge of committee.
48 49
printing of report on ... 57
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 table bill just laid on 143
laying of bills on, after passage .... 163
right of president of senate to vote on question of tabling appeal. 183 Third Reading-See Bill.
Tie Vote-See Vote.
Two-thirds Vote-See Vote.
Unconstitutionality-
of bill, no ground for point of order.
154,188
Veto- reconsideration of vote, on failure to pass bill over. 91
Vote ----
validity of, given for postmasters as candidates for legislature. 24
right of member 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 reconsideration of, tabling appeal. 66
77
required to discharge committee of the whole. 83
right of seated contestants to cast. 93
indication of number present by 109, 122
on resolution declaring sense of legislature. 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
motion to commit bill and substitute pending motion to lay substitute on motion to lay on table motion to lay on
50
reconsideration of vote on motion to lay appeal on.
majority required to concur in substitute of other house.
137
631
LEGISLATIVE DECISIONS.
Vote-Continued. Dec. No.
required on resolution for relief . 136
two-thirds-
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, 139,159 165
counting of, on division of question.
casting of, by member in custody of sergeant-at-arms.
177
right of president of senate to give casting.
183,186
Yeas and Nays-
demand for, after division ordered 13
after announcement of vote. 127
after ordering previous question. 168
on amendments not part of report of committee of whole. 180
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 all after the enacting clause. 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 .---- II. J. 1851 (Ex. Session, p. 62).
It has been an uniform rule that a substitute for a substitute is never in order. This rule was designed to prevent confusion in offering amendments, and arbitrarily fixes a point beyond which they will not be permitted, the questions in their order being the main question, amendments, amendments to the amendment, and a substitute. In this case, there is no multiplicity of pending questions. The senate substitute came to the house as a new and entire proposition and should have been subject to amendment or substitution. The decision is not correct.
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 Appcal, 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. The house rules provide that "no motion or proposition on a subject different from that under consideration shall be admitted under color of an amendment." While the senate has no such rule, it is a general rule of practice that, although amend- ments may be inconsistent and incompatible with themselves or with the subject matter, they must at least relate to the subject under consideration.
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 .- Summer's Appeal, S. J. 1840, p. 440:
The motion to substitute one pending bill for another is absolutely unnecessary, leads to confusion and should not be permitted. It is much easier to drop one bill
632
MICHIGAN MANUAL.
and proceed with the other than to lumber up the record with useless substitution. The motion to strike out and insert is not divisible.
S. 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 re- ception 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.
11. When a bill has passed the senate and the house, and has been returned to the senate, the senate cannot amend those portions of the bill which have been fully con- sidered and agreed to by both houses .- Mead's Appeal, S. J. 1851 (Ex. Session), p. 87.
If a bill is returned with house amendments, no action can be taken by the senate on those parts which have been agreed to by both houses.
12. A member has a right to quote and read authorities in support of his argument on any pending question .- H. J. 1861, p. 1076.
The parliamentary practice in this regard is so well established that it is difficult to understand how the question could have been raised.
13. A demand for the ayes and noes is not in order after a division of the house is ordered .- Smith's Appeal, H. J. 1841, p. 682.
After a division of the house is ordered, nothing is in order but the division; but the congressional practice is to allow the requisite number of members to order the yeas and nays even after a division is had. It has also become the practice in this state to allow a demand for the yeas and nays at any time before the vote on the division is announced.
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