Michigan official directory and legislative manual for the years 1917-1918, Part 66

Author: Michigan. Dept. of State. cn
Publication date: 1917
Publisher: Lansing : [State of Michigan]
Number of Pages: 1148

USA > Michigan > Michigan official directory and legislative manual for the years 1917-1918 > Part 66

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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

Governor-

recalling of bills from 84

rejection of message from. 130

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

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

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

Members -- 171

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 ..

right of, to vote, pending decision of contested election.

disrespectful allusions of, to co-ordinate branch of government.

requiring of, to vote upon reconsideration.

right of, to have protest spread on journal.

recognition of . 112

right of, to floor. 112, 129

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-

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

to make special, whether suspension of rules involved.

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.

election and qualification of. 24,25

right of, to change vote .. 26,70

second speech by, in debate ... 43

protracted discussion in debate by, held dilatory

precedence of

certain, held dilatory 199

650

MICHIGAN MANUAL.

Newspapers --- Dec. No.

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.

Personal Privilege-See Privilege.

Postmasters-

validity of votes given for, as candidates for legislature

Postponement --- 24

indefinite, see Indefinite Postponement.

to time certain, of special order. 172

173

President-

held to have right to give casting vote in joint convention.

President pro tem .--

right of, to vote.

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

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.

withdrawal of answers on breach of .

question of, on failure to secure recognition

129

Protest-

privilege of appeal relative to . 54

containing reflections on house.

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. 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

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

152

temporary, of business during call of the house

substitution of bill does not necessitate reprinting

introduction of resolution as question of . 88

651

LEGISLATIVE DECISIONS.

Reconsideration- Dec. No.

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

of resolution not in possession of house

of vote tabling appeal.

of reconsideration. 67

of vote on vetoed bill.

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.

144 153

notices of, barred by final adjournment.

170

of one of several amendments adopted collectively

205

matters that cannot be again considered without. 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.

division of question on adoption of .

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 .

discharge of committee by.

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.

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

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

take 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.

Select Committee-See Committee. Senate-See House.

tabling of motion for. 108, 194

more than one motion for, permissible.

212

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MICHIGAN MANUAL.

Senate Chamber- Dec. No.

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

199

not called on to decide constitutional questions

Special Committee- 221

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

whether making bill special order involves suspension of rules.

199

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

identical with certain sections of bill for which proposed, not in order .... Suspension of Rules-See Rules.

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

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.

reconsideration of vote on motion to lay appeal on.

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

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

154, 188

Veto- reconsideration of vote, on failure to pass bill over. 91

Vote-

validity of, given for postmasters as candidates for legislature

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

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

discussion of motion to lay on, and print .

laying of bills on, after passage. 163

reconsideration of, tabling appeal.

majority, required to concur in substitute of other house. 77

653

LEGISLATIVE DECISIONS.

Vote-Con. Dec. No.

motion to commit during taking of . 132

required on resolution for relief.

136

two-thirds-

required to appropriate public property to private use ... . 78, 82, 85, 86,

announcement of 96, 97, 98, 136, 139, 159

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.

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,

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MICHIGAN MANUAL.

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 provision of the constitution."-Griswold's Appeal, S. J. 1853, pp. 12, 22. In the 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

655

LEGISLATIVE DECISIONS.

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- 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.

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.

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MICHIGAN MANUAL.

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.

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Michigan official directory and legislative manual for the years 1917-1918, Part 66

Author: Michigan. Dept. of State. cn Publication date: 1917 Publisher: Lansing : [State of Michigan] Number of Pages: 1148

Author: Michigan. Dept. of State. cn
Publication date: 1917
Publisher: Lansing : [State of Michigan]
Number of Pages: 1148