USA > Michigan > Michigan official directory and legislative manual for the years 1911-1912 > Part 56
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Motions and resolutions .- This is the proper order for all motions which do not arise properly from the business under the other orders-such as motions to discharge com- mittees from the further consideration of bills; to take bills from the table; to transfer bills from one stage of their progress through the house to another; to request the governor or the other house to return a bill; and all resolutions on subjects outside of the usual order of business. Any business may be brought before the house at this time by appropriate motions and resolutions.
Unfinished business .- In the course of the regular business of the session from day to day, if often happens that an adjournment is taken in the midst of the action on some matter before the house and before any final disposition is made of the question under discussion. In such case the whole matter comes up under this order as soon as it is reached on any succeeding day .- See last sentence in next paragraph.
Special orders of the day .- If any business has been made the special order for a certain day, it is taken up as soon as this order of business is reached. If, however, it has been made the special order for any fixed hour of the day, it is taken up when that hour arrives, and takes precedence of all other business. In order to make any business a special order for a time certain, a two-thirds vote is necessary in the house, as it is equivalent to a suspension of the rule prescribing the daily order of business; in the senate a majority vote only is requisite to suspend that rule. If any matter on the special order is not reached on the day set, it comes up afterwards under the order of unfinished business.
General orders of the day .- The work on this order is done in committee of the whole. After bills have been favorably reported by standing committees, they are ordered printed, referred to the committee of the whole, and placed on the general order. When this order is announced, some member moves that the house resolve itself into com- mittee of the whole on the general order. If the motion prevails, the presiding officer appoints a chairman for the committee and leaves the chair. The chairman calls the committee to order, and the bills are taken up in the order in which they are found
557
THE LEGISLATURE.
on the file. The committee of the whole is an expedient to simplify the business of legislative bodies, by removing it from the formality of the house to the freedom and informality of a- committee. No record is kept of its proceedings, and the only evidence of its work is the report made by its chairman and entered on the journal. Each member speaks as often as he pleases; hence all propositions may be thoroughly considered. When the committee is ready for work, the secretary or clerk announces the first bill on the order by number and title. He then reads the first section and the chairman asks, "Are there any amendments to section one of the bill?" After a pause. if no amendments are offered, he says, "If not the section will be passed. It is passed." The other sections of the bill are then considered in the same way. When the whole bill has been read, he asks, "Are there any amendments to the body of the bill?" Paus- ing 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. It may recom- mend that all after the enacting clause be stricken out; 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 is not reported to the house by the chairman, but stays in its place upon the files. If the motion to rise is decided in the affirmative, the speaker or presi- dent resumes the chair and calls the house to order. The chairman makes liis report through the secretary or clerk and the house acts upon its recommendations and amend- ments. 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 enacting 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 consideration at or after the expiration of the five day limit.
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 orders. 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. Eachi house determines the hour for the beginning of its daily sessions. When it is desirable to convene at some other hour, a motion is made "That when this house adjourns today, it stand adjourned until tomorrow at - o'clock - M." If this motion prevails thien a simple motion to adjourn carries the session over to the time fixed. Each house makes such adjourn- ments as it deems best, subject only to the restrictions of section 18, Art. V. of the constitution.
After a bill has passed both houses and has been returned to the house in which it originated, it is there referred to the clerk or secretary to be printed and presented to the governor for his approval. The clerk thien has the bill printed in accordance with the provisions of sections 39-41, C. L., 1897, changing its title from "A bill ' to
558
MICHIGAN MANUAL.
"An act." If it has been ordered to take immediate effect and so appears by the certifi- cates of the secretary of the senate and the clerk of the house, an additional clause is added stating that "This act is ordered to 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 or secretary to add the clause. The draft should also 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 or secretary 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.
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.
C
LEGISLATIVE DECISIONS.
559
MICHIGAN LEGISLATIVE DECISIONS.
1
NOTE .- These decisions have been carefully collected from the legislative journals from 1835 to 1909, 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. Later Charles S. Pierce, ex-secretary of the Senate and ex-clerk of the House, and Paul H. King, present clerk of the House, revised and rewrote the decisions and comments and added to them the rulings up to and including number 190. Mr. King has com- piled the later decisions and made the accompanying comments.
The references "S. J." and "H. J." stand for "Senate Journal" and "House Journal," respectively.
INDEX.
Absentees-
Dec. No.
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
SO
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, is to be taken by sub- stituting hour of same day .
174
during operation of previous question.
191
Amendment-
after motion to strike out all after enacting clause
2,7
to strike out part, after motion to strike out all .
4 5
must be relevant
6 9
of amendment to amendment of other house.
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.
00
recommendation of new, by conference committee
23
division of question on concurring in, recommended by conference com- mittee.
divisibility of motion to strike out all after word "Resolved" in joint reso- lution. .
30
of substitute.
of motion to indefinitely postpone.
adoption of more than one, by one vote.
by one house to amendment of other ...
134
non-concurrence in, by other house.
141
proposal on third reading of, offered in committee of wholc.
150
not in order after previous question.
167
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 ... to part of bill previously amended.
180
of report of committee of whole.
203
reconsideration of one amendment out of a number adopted collectively Announcement of Vote-See Vote.
205
Answers-
withdrawal of, on breach of privilege.
69
Appeal-
54
reconsideration of vote on motion to table. ..
66
refusal to entertain .
$1.154
on question of fact
114
right of presiding officer to vote on
153
time when, must be taken ....
108
appeal on appcal not allowed
10,8
Appropriation --
payment of incidental expense, not an 117
of public property to private usc. . . . . 78, 82, 85, 86, 96, 97, 98, 136, 139. 151, 159
202
privilege of, relative to protest
74 5 111 133
to make bill counterpart of one already lost .
to report of select committee
560
MICHIGAN MANUAL.
Dec. No.
Authorities-
right of members to read
12
Ayes-See Ycas and Nays. Bill-
amendment of-See Amendment.
reconsideration of-See Reconsideration.
reading of. 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
recalling of, from governor. 84
consideration of, when 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
notices for introduction of certain. .
158
title and enacting clause not considered as.
160
retransmission of, without request.
162
tabling of, after passage.
163
effect of indefinite postponement on subject matter of.
164
not printed, is not ready for consideration of committee of whole.
187
notice of motion to discharge committee-
to specify date when motion will be made . whether notice of second motion will be received .
195
when ruled out of order, effect. .
196
substitute for senate bill and house bill not good
193
whether discharging committee of whole and making bill special order involves suspension of rules. . .
199
substitution of motion to discharge committee of whole by motion to dis- charge standing committee .
201
substitution of, does not necessitate reprinting.
208
Breach of Privilege-See Privilege.
Call of the House (or Senate)-
adjournment in order during.
sending for absent members under.
17
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-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
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
discharge of. .
. 95, 196, 201
notices of motions to discharge.
192,195
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, 199, 201
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
bills not printed are not ready for consideration of .. 187
amendment of . 203
192
senate bill embracing same subject as house bill, when may be received .. 204
1
561
LEGISLATIVE DECISIONS.
Dec. No.
Communications from State Officers-
whether printed open letter addressed to members individually may be received under. 197
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
Constitution-
form of proposed amendments to. 200
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, held dilatory. 147
Dilatory Proceeding-
motion for a recess held to be. 128
protracted discussion in debate by one member held to be. 147
may be ruled out of order as. 198
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.
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 S
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
General Orders-See Committee of the Whole.
Government-
disrespectful allusion to co-ordinate branch of.
11
Governor-
recalling of bills from S4
rejection of message from. 130
206
Governor's Messages-Sce Messages from Governor House-
protest must not contain reflections on. . 61
motion to reconsider bill out of possession of
63. 68
question of order submitted to, by.
199
71
reference of nominations to office transmitted by
118
562
MICHIGAN MANUAL.
Dec. No.
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- 29
divisibility of question of commitment with.
Introduction of Bills-See Bill.
Joint Convention-
vote of president pro tem. in.
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
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
25
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 .
177
Messages from Governor- subject matter of resolution not recommended in, to special session. 71
rejection of . 130
reference of, transmitting nominations to office. 206
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
to discharge committee of whole.
.8, 83, 100, 201
standing committee .. 95,196,201
notice of, to discharge standing committee. 192, 195
199
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
Nominations to Office-
reference of. . 206
Notice of Reconsideration-See Reconsideration. Notices-
requiring of, for introduction of bills affecting city charters 158
of motion to discharge standing committee . 192,195, 196
Oath of Office-
administration of, to secretary of senate. 40
Pairs- not recognized by rules. 152
Personal Privilege-Šee Privilege. Postmasters-
validity of votes given for, as candidates for legislature
Postponement- 24
indefinite, see Indefinite Postponement.
to time certain, of special order . 172
temporary, of business during call of the house. 173
73
right of, to vote, pending decision of contested election.
disrespectful allusions of, to co-ordinate branch of government
second speech by, in debate .. 43
to make special, whether suspension of rules involved.
563
LEGISLATIVE DECISIONS.
President- Dec. No.
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.
Previous Question- 183, 186
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
yeas and nays after ordering. 168
adjournment while operating under. 191
effect of, when not limited, after reconvening pursuant to adjournment 207
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
substitution of bill does not necessitate reprinting.
208
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
containing reflections on house.
61
spreading of, on journal.
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, 159
Qualifications of Members-See Members.
Question-
division of, in concurring in adoption of report of conference committee .. 2S
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. SO
of bills from governor. .
Recess- motion for, held dilatory 12.5
under call of the house. 161
motion for, as substitute for motion to fix time to which adjournment is to be taken. . 124
Reconsideration-
administration of oath to secretary, motion for, of election being on table 40
requiring members to vote upon question of . . 60
of motion to dispatch sergeant-at-arms after absentees
after transmission of bill. 63, 6%
64
of resolution not in possession of house.
65
of vote tabling appeal.
66
of reconsideration
91
of vote on vetoed bill .
tabling of motion for .. 108, 194
of vote on refusal to adopt report of committee of whole .. 121
of indefinite postponement .. 123
135
motion for, only one in order after adverse vote. .
144
more than one inotion for. permissible ..
1.5.3
notices of, barred by final adjournment . 170
of one of several amendments adopted collectively.
"05
notice of, does not cut off immediate.
of motion to lay on table motion for reconsideration .
564
MICHIGAN MANUAL.
Report- Dec. No.
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
form of, proposing amendment to constitution. 200
concurrent -· form of ..
21
containing legislation after fifty-day limit ..
39
. adoption of, similar to one already adopted and transmitted reconsideration of, not in possession of house ..
65
subject matter of.
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
189
embracing legislation.
209
joint ---
divisibility of question of striking out all after word "Resolved" in. 30
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