USA > Michigan > Michigan official directory and legislative manual for the years 1915-1916 > Part 63
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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
disrespectful allusions of, to co-ordinate branch of government. second speech by, in debate ...
43
right of, to floor. 112, 129
precedence of
to make special, whether suspension of rules involved.
spreading of protest on.
639
LEGISLATIVE DECISIONS.
Dec. No.
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-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.
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. 52,215
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
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
87
reflecting on senate.
.92,106
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,
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
139, 151, 159
spreading of, on journal.
right of minority to make 104
73
substitution of bill does not necessitate reprinting
640
MICHIGAN MANUAL.
Recess- Dec. No.
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
of reconsideration . 67
of vote on vetoed bill.
91
tabling of motion for. 108, 194
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
of one of several amendments adopted collectively 205
matters that cannot be again considered without 212
of amended bill 223
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- -
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 . 209, 210
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, 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
amendment of.
of vote on refusal to adopt report of committee of whole.
641
LEGISLATIVE DECISIONS.
Dec. No.
Rules-Continued.
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.
Sergeant-at-arms-
payment of, for assisting in organization.
117, 118
Skeleton Bills-
introduction of
160
Speaker-
submitted question of order to house.
not called on to decide constitutional questions
221
Special Committee-
may not report beyond matter referred to it
217
Special Orders -- consideration of, conflicting 113
postponement of . .. 172
putting question of fixing, when debate has been prolonged beyond time specified ... 179 199
whether making bill special order involves suspension of rules
Special Session-See Extra Session.
State Officers-
whether printed open letter is communication from
197
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 77
concurrence in, of other house.
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 for senate bill and house bill not good. 193
substitution of motion to discharge committee of whole by motion to dis- charge standing committee. 201
substitution of bill does not necessitate reprinting 208
motion to take from table not a proper, for motion to suspend rules for another purpose .. 213
222
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
50
reconsideration of vote on motion to lay appeal on
66 76
laying on, of motion to reconsider .
108, 194
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 motion to commit cannot be laid on. . 218
Third Reading-See Bill.
Tie Vote-See Vote.
Two-thirds Vote-See Vote.
Unconstitutionality-
of bill, no ground for point of order 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 member to cast, upon question of reconsideration. 60
154, 188
discussion of motion to lay on, and print.
motion to commit bill and substitute pending motion to lay substitute on. . motion to lay on table motion to lay on
printing of report on. .
57
identical with certain sections of bill for which proposed, not in order .. Suspension of Rules-See Rules.
199
81
642
MICHIGAN MANUAL.
Dec. No.
Vote-Continued.
reconsideration of, tabling appeal .. 66
majority, required to concur in substitute of other house. 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
required on resolution for relief.
two-thirds-
required to appropriate public property to private use .... 78, 82. 85, 86, 96, 97, 98, 136, 139, 159
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
member casting, must be in seat ..... 165
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).
A motion to amend takes precedence of a motion to strike out all after the enacting clause, and a motion to strike out is held in abeyance until all motions to amend are disposed of.
3. A substitute for a senate substitute for a house bill was held not in order .- H. J. 1851 (Ex. Session, p. 62).
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 amend- ment 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 amend- ments to the section.
5. The report of a select committee may be amended .- Etheridge's Appeal, S. J. 1839, p. 208.
The report of any committee is usually accepted without question, and then be- comes the property of the house, to amend, adopt or reject, as it may please. An exception to this rule is that the report of a conference committee cannot be amended.
6. A motion to amend may be ruled out of order on account of irrelevancy .- Greenly's Appeal, S. J. 1840, p. 634.
If a proposed amendment is clearly irrelevant it certainly cannot be in order as an amendment. The house rules provide that "no motion or proposition on a subject different from that under consideration shall be admitted under color of an amend- ment." While the senate has no such rule, it is a general rule of practice that, although amendments may be inconsistent and incompatible with themselves or with the subject matter, they must at least relate to the subject under consideration.
136
643
LEGISLATIVE DECISIONS.
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. The question should not have been divided as the motion to strike out and insert is not divisible.
8. The committee of the whole having reported a substitute which did not relate to the subject matter of the bill and having been discharged, a point of order was raised while the report was under consideration as to the propriety of entertaining the sub- stitute. Held, that, as the senate had discharged the committee, it was a virtual re- ception of the report, and that the bill and substitute were before the senate .- Howell's Appeal, S. J. 1844, p. 92.
The substitute was not properly before the senate for consideration for the reason that it was not germane to the original bill. The ruling was incorrect when made. Now the constitution provides that no bill shall be altered on its passage through the legislature, so as to change its original purpose.
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 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 nays is not in order after a division of the house is ordered .- Smith's Appeal, H. J. 1841, p. 682.
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.
14. When the house adopts a substitute for a senate bill, and the senate concurs with certain amendments, the concurrence of the house to those amendments passes the bill .- Tucker's Appeal, H. J. 1840, p. 516.
The concurrence must be by yeas and nays. When the house has concurred in the senate amendments to the house substitute, every part of the bill as it stands has re- ceived the sanction of both houses.
15. A concurrence in the report of a conference committee by a majority of all the members elect is a passage of the bill .- Conger's Appeal, S. J. 1858, p. 107.
Previous to the adoption of the Joint Rules of 1909, the vote on a report was required to be by yeas and nays, and was not adopted unless a majority of all the members elect in each house, respectively, voted therefor. Under rule 5 of the present joint rules two votes are necessary-one on the adoption of the report, and one on the repassage of the bill. A yea and nay vote may be had on the former and is required on the latter.
16. At the first session of the legislature, under the constitution of 1850, it was held in the senate that a motion that the second reading of a bill be by its title only, was out of order under the constitution .- Le Roy's Appeal, S. J. 1851, p. 20. This ruling was confirmed in the senate of the next legislature, by two decisions that the reading of a bill by its title only "was not a reading of the bill within the meaning of the provisions of the constitution."-Griswold's Appeal, S. J. 1853, pp. 12, 22. In the
644
MICHIGAN MANUAL.
house of 1865, a motion having been made that the reading of a bill in extenso be dis- pensed with, on its third reading, and a point of order having been raised thereon, it was held that it is the right of any member to demand of the house, upon the third reading of a bill, to order that it be read by its title only .- Williams' Appeal, H. J. 1865, p. 1288. See also Williams' Protest, p. 1363, and Brockway's Resolution, p. 1655.
The practice for many years has been and now is to read bills the first and second times by title, and the third time at length, unless by unanimous consent the third reading be dispensed with. Upon third reading of bills the reading at length is never dispensed with against the objection of a single member. If the reading of the bill is dispensed with by unanimous consent, it is "considered read" and the journal shows it to have been read. This reading of bills the first and second times by title and the third time at length is now considered a compliance with the constitutional provision which requires that every bill be read three times before the vote is taken on its passage and this legislative practice was held good by the supreme court (72 Mich. 446), the reasons given being that the courts ought not to overturn a legislative practice of such long standing, and that to hold otherwise would invalidate a large portion of the statu- ยท tory law of the state.
17. Under the operation of a call and after the sergeant-at-arms had been dispatched after the absentees generally, a resolution to send the sergeant-at-arms after certain members (naming them), who have remained absent since the beginning of the [extra] session, was held not in order, as its adoption would be resolving a second time to do a thing which the house had already ordered .- H. J. 1870, p. 151.
The resolution was clearly out of order, as the sergeant-at-arms had already been dispatched after all absentees.
18. The senate having refused to order a call of the senate, a motion that the sergeant- at-arms be directed to request the attendance of a senator was held out of order .- Barry's Appeal, S. J. 1841, p. 258.
It is difficult to see what parliamentary rule or practice justified the ruling out of order of this motion, even though the action requesting the attendance of a member would have no force.
19. A motion for a call of the senate is a debatable question .- S. J. 1850, p. 432. The previous question would, of course, apply to this motion, the same as to other motions.
20. Under a call of the house, and after the bar has been closed and the sergeant- at-arms dispatched after the absentees, it was held that, as a quorum was present, the business of the house could proceed .- Chamberlain's Appeal, H. J. 1855, p. 191.
When a call of the house is occasioned by lack of a quorum, it is sometimes the practice, upon obtaining a quorum, to dispense with further proceedings under the call, and sometimes to proceed with business under the call. But, the motion for a call is often for the purpose of securing a full vote on some pending question, and the fact that a quorum is present is well understood at the time the call is ordered. In such cases, after the vote on the pending question has been taken, it is the usual practice to dis- pense with further proceedings under the call.
21. The senate transmitted to the house a resolution described in the message as a "concurrent resolution," although headed with the usual formula of a joint resolu- tion, i. e., " Resolved by the Senate and House of Representatives of the State of Michigan." On motion to concur in the adoption of the resolution the point of order was raised that the resolution was a joint and not a concurrent resolution, and must take the course of a bill. Held, that it was a concurrent resolution, and the motion to concur in order. -Bushnell's Appeal, H. J. 1859, p. 130. See also Bushnell's Protest, p. 187.
Of course the words " Resolved by the Senate (the House concurring)," would have been the better form, but a concurrent resolution has no prescribed form. Whether or not a resolution was required to take the course of a bill depended, not upon its form, but upon its subject matter. Under the present constitution, all proposed legislation must be in the form of bills.
22. Held, that a committee of conference may recommend amendments to such parts of a bill as have been previously agreed upon by both houses .- Clark's Appeal, H. J. 1850, p. 448.
This decision is incorrect. It is only those parts of a bill upon which the two houses have failed to agree that are referred to a committee of conference. Therefore a con- ference committee has no authority to make recommendations relative to those parts of the bill which have been agreed to by both houses.
645
LEGISLATIVE DECISIONS.
23. A conference committee having recommended certain new amendments, the question of order was raised that a committee of conference has no right to report, and the senate no right to concur in new amendments, which have not been the subject of disagreement between the two houses. Held, that the report of the committee was in order .- Isbell's Appeal, S. J. 1850, p. 425.
If by "new amendments" it is meant amendments to those parts of the bill concern- ing which there are differences between the two houses, the decision is correct. If by "new amendments" it is meant amendments to parts of the bill upon which the two houses have agreed, the decision is incorrect.
24. Held, that all votes given for a candidate who, on the day of the election, was a postmaster under the United States, were absolutley void in accordance with Sec. 6, Art. IV, of the constitution .- Sutherland v. Hoyt, H. J. 1853, pp. 26, 62; Morrow v. Horton, S. J., Feb. 24, 1891. .
While the two decisions cited seem to be in accordance with the plain reading of the constitutional provision, the two houses of the legislature have for a great many years uniformly decided the other way, with the single exception of the latter case cited. (Morrow v. Horton, S. J. Feb. 24, 1891). Although the constitution seems to be very clear, both the house and senate have repeatedly refused to unseat a member because at the time of his election he held a United States, state or county office, as specified in section six, article four of the constitution (section six of article five of constitution of 1909).
25. The house having once passed upon a contested election case, refused to revoke and set aside its determination, although the supreme court had meanwhile declared unconstitutional the statute upon which the determination of the house had been based .- H. J. 1865, p. 1056. The same position was taken in the senate (S. J. 1855, p. 594), and that body also refused to adopt a resolution declaring it the "sense of the senate that no senator, the right to whose seat is involved in the resolutions reported from the committee on privileges and elections is entitled to vote upon the question of the adoption of either until the question of the right of each to his seat shall have been decided by the senate."-S. J. p. 595.
The constitution makes each house the judge of the election and qualification of its own members. There is no appeal from its decisions. In case of a contested election, the member certified by the secretary of state is a member of the body until action is taken unseating him, and is entitled to vote on all questions. In the house his vote may not be demanded if he be directly interested.
26. A senator has no right to change his vote on the record, after the journal has passed out of the possession of the secretary, on the ground that he voted under a mis- apprehension .- S. J. 1873, p. 941.
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