USA > Michigan > Michigan official directory and legislative manual for the years 1913-1914 > Part 59
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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 itsel 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
604
MICHIGAN MANUAL.
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 mem- ber 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 his 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. Each 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 then 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 then has the bill printed in accordance with the provisions of sections 39-41, C. L., 1897, changing its title from "A bill" to
605
THE LEGISLATURE.
"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 be- tween 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, prescribe 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.
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MICHIGAN MANUAL.
MICHIGAN LEGISLATIVE DECISIONS.
NOTE .- These decisions have been carefully collected from the legislative journals from 1835 to 1912, 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, at that time clerk of the House, revised and rewrote the decisions and comments and added to them the rulings and comments up to and including number 190. Mr. King later compiled and made the comments on the decisions from number 191 to 209, inclusive. In 1913, Dennis E. Alward, secretary of the Senate, and Charles S. Pierce, clerk of the House, revised the comments and the decisions, rewriting many of them, to conform to the present practice and the present rules of the Senate and House of Representatives. Mr. Alward and Mr. Pierce also added the decisions and the com- ments from number 210 to number 222, inclusive.
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
80
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.
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.
pending, falls upon commitment.
to parts of bills agreed by by both houses
concurrence in, of other house to substitute, passes bill
14
by conference committee to parts of bill already agreed to.
recommendation of new, by conference committee.
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. .
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 ..
141 150
not in order after previous question ...
167 174
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.
180
to part of bill previously amended ..
202
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 or, on breach of privilege.
69
30 74 75 111 133
proposal on third reading of, offered in committee of whole
to motion to fix time to which adjournment is to be taken by substituting hour of same day.
2,7 4 5
6 9 10 11
22 23 28
to make bill counterpart of one already lost
607
LEGISLATIVE DECISIONS.
Appeal- Dec. No.
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
time when, must be taken. 198
appeal on appeal not allowed . 198
Appropriation-
payment of 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 Ayes-See Yeas and Nays.
Bill-
amendment of-See Amendment.
reconsideration of-See Reconsideration.
reading of
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
160 162
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. notice of motion to discharge committee-
187
to specify date when motion will be made
192
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
senate bill embracing same subject as house bill, when may be received. substitution of, does not necessitate reprinting
204
Breach of Privilege-See Privilege.
Call of the House (or Senate) ---
1
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- 5 report of, may be amended
discharge of, by report.
48
16, 115
retransmission of, without request.
208
adjournment in order during ..
608
MICHIGAN MANUAL.
Dec. No.
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 . 203,216
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
211
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.
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.
Fifty-day Limit- 118
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 . 41
31
may not recommend except as to matters of difference.
609
LEGISLATIVE DECISIONS.
Dec. No.
Governor-
recalling of bills from rejection of message from . 130 84
reference of nominations to office transmitted by 206
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
question of order submitted to, by. 199
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
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
right of, to vote, pending decision of contested election.
25
right of, to change vote . .. 26,70
second speech by, in debate. .
43
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
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
notice of, to discharge standing committee.
192, 195
to make special, whether suspension of rules involved.
199
certain, held dilatory . . 128
to commit during taking of vote. 132
relative to bill pending passage of another bill. 155
to commit cannot be laid on table. 218
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
77 1
election and qualification of. 24, 25
disrespectful allusions of, to co-ordinate branch of government 41
casting of votes by, when under arrest.
8, 83, 100, 201 to discharge committee of whole. standing committee ... .95, 196, 201
610
MICHIGAN MANUAL.
Dec. No.
Oath of Office -- 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
Postponement-
indefinite, see Indefinite Postponement.
to time certain, of special order. 172
temporary, of business during call of the house.
173
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.
Previous Question- .183, 186
on motion to indefinitely postpone. 52, 215
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. 87
reflecting on senate. .
consistency of, with facts.
101
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. 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, 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
notice of, does not cut off immediate. 64
of resolution not in possession of house. 65
. of vote tabling appeal .. 66
92,106
right of minority to make 104
611
LEGISLATIVE DECISIONS.
Dec. No.
of reconsideration.
67
of vote on vetoed bill. 91
tabling of motion for.
108, 194
of vote on refusal to adopt report of committee of whole.
121
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
of one of several amendments adopted collectively 205
matters that cannot be again considered without 212
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
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. 42
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
containing request, ruled out as imposing duty. 189
embracing legislation . .
joint- 209,210
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. 166,214
Rules-
suspension of, order not being that of motions and resolutions 51
discharge of committee of the whole not a suspension of. 83, 199
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- 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- administration of oath to.
40
Select Committee-See Committee.
Senate-See House.
Senate Chamber- clearing of, and galleries during executive session 31
Senator-See Member.
payment of, for assisting in organization .. 117, 118
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