Official directory and legislative manual of the State of Michigan for the years 1893-4, Part 11

Author: Michigan. Dept. of State
Publication date: 1893
Publisher: Lansing, Michigan : Secretary of State
Number of Pages: 958


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RULE 13. Every member when he speaks shall address the Chair, standing in his place. No member shall speak more than twice in any one debate on the same day, without leave of the Senate, except chairmen of committees upon matters reported by them. 1


RULE 14. When two or more members rise at once, the Presi- dent shall name the member who is first to speak.


ORDER OF BUSINESS.


RULE 15. After the correction and approval of the journal, the order of business shall be as follows:


1. Presentation of Petitions.


2. Reports of Standing Committees.


3. Reports of Select Committees.


4. Messages from the Governor.


MICHIGAN SCHOOL FOR THE BLIND, LANSING.


105


SENATE RULES.


5. Communications from State Officers.


6. Messages from the House.


7. Notices.


8. Motions and resolutions.


9. Introduction of Bills.


10. Third Reading of Bills.


11. Unfinished business.


12. Special orders of the day.


13. General Orders.


COMMITTEES.


RULE 16. The following standing committees shall be appointed at the commencement of each regular session, the first named member to be the chairman:


Agricultural College. Agricultural Interests.


Asylum for the Criminal Insane.


Asylum for the Insane.


Banks and Incorporations.


Cities and Villages. Claims and Public Accounts.


Constitutional Amendments.


Counties and Townships.


Education and Public Schools.


Elections.


Engrossment and Enrollment.


Executive Business.


Federal Relations.


Finance and Appropriations.


Fisheries. Geological Survey.


Horticulture.


House of Correction at Marquette. Immigration.


Industrial Home for Girls.


Institution for the Deaf and Dumb.


Insurance. Judiciary. Labor Interests.


Liquor Traffic.


Lumber Interests.


14


106


THE LEGISLATURE.


Mechanical Interests.


Military Affairs.


Mining School and Mining Interests.


Normal School.


Printing.


Public Buildings.


Public Health.


Public Improvements.


Public Lands.


Railroads.


Reform School.


Reformatory at Ionia.


Religious and Benevolent Societies.


Roads and Bridges.


Rules and Joint Rules.


Saline Interests.


School for the Blind.


Soldiers' Home.


State Affairs.


State Library.


State Prison.


State Public Schools.


Supplies and Expenses.


Taxation. University.


The following committees shall consist of five members, viz .: Finance and Appropriations, Judiciary, Railroads, Cities and Vil- lages, Labor Interests, Executive Business, and Asylums for the Insane. All other committees shall consist of three members, unless the Senate shall otherwise direct. No committee shall sit during the sessions of the Senate, unless with leave granted; nor employ clerks, nor incur any public expense, unless authorized by resolution of the Senate. The committees shall report upon all matters referred to them, without unnecessary delay, and shall return all petitions and other papers referred to them to the Secretary of the Senate. All nominations to office submitted by the Governor, and all other executive business shall be referred to the committee on Executive Business, and shall be reported upon by such committee with all convenient speed. The committee on Engrossment and Enrollment of Bills shall examine all bills originating in the Senate, and which


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SENATE RULES.


have passed both Houses, see that they are correctly enrolled, and signed by the President of the Senate and Speaker of the House of Representatives, and presented to the Governor. The committee on Supplies and Expense of the Senate shall examine and audit all bills for supplies and expense of members and committees for stationery. clerk hire, and other purposes not provided for by existing laws, and certify to the correctness of the same, and no such bill shall be audited or paid by any officer of the Senate cr by any board or officer of the State, unless so certified by the chairman or other member of the committee. They shall make such recommendations and reports as they may from time to time deem necessary or the Senate may require. The committees on Finance and Appropriations, on Engrossment and Enrollment of Bills, and on Supplies and Expenses, shall have leave to report at any time during the sessions of the Senate.


RULE 17. All bills or resolutions appropriating money shall first be referred to the particular committee on the State institution or department; and when reported back to the Senate, they shall then be referred to the committee on Finance and Appropriations. No member of said committees on State Institutions or Depart- ments shall be a member of said committee on Finance and Appropriations.


COMMITTEE OF THE WHOLE.


RULE 18. When the Senate shall have arrived at the "General Orders of the Day," it shall go into the Committee of the Whole upon such orders, or a particular order designated by the Senate, and no business shall be in order unless the whole are considered or passed, or the committee rise; and unless a particular bill is ordered up, the Committee of the Whole shall consider, act upon or pass the general orders, according to the order of their reference.


RULE 19. In forming a committee of the whole Senate, a Chairman, to be named by the President. unless otherwise ordered, shall preside.


RULE 20. The rules of the Senate shall be observed in com- mittee of the whole, so far as they may be applicable, except limiting debate, ordering the previous question, and taking the yeas and nays. The motion to lay on the table shall only have the effect to recommend the action to the Senate. A motion that the committee rise shall always be in order and shall be decided


108


THE LEGISLATURE.


without debate. Motions recommending action by the Senate shall take precedence in the same order as analogous motions in the Senate.


BILLS AND JOINT RESOLUTIONS.


RULE 21. In all bills amending any part of the last compilation of the laws. the section or sections amended shall be referred to in the title of the bill, by the compiler's numbers, and the object of the bill shall be expressed in its title. The title of any bill amend- ing any act, if not compiled, shall refer to the section or sections amended, state the number of the act, recite the title thereof, and specify the date of its approval. In addition to the above, if the law proposed to be amended is contained in Howell's annotated statutes of Michigan, the same shall be referred to by the com- piler's numbering of the sections thereof.


RULE 22. Every bill shall be introduced by motion for leave, or by a standing or select committee, and one day's notice, at least, shall be given of an intended motion for leave to bring in a bill; and this rule shall not be suspended in relation to bills amending acts of incorporation.


RULE 23. Every bill shall receive three readings previous to its being passed, and the President shall give notice of each, whether it be the first, second or third; and the second and third readings shall be on different days, unless two-thirds of the Senate present shall direct otherwise. No bill shall be amended or committed until it shall have been twice read; and all joint resolutions which direct the payment of money, or the incurring any expense, or which propose any amendment to the constitution, shall be treated as bills. ,


RULE 24. All bills shall be printed in the order in which they. were reported from the committees unless otherwise ordered by the Senate.


RULE 25. The Committee of the Whole shall not be discharged from the further consideration of any bill referred thereto, except in the regular order of business.


RULE 26. All bills recommended for passage by the Committee of the Whole shall be considered as ordered to a third reading without further action; but no bill appropriating money out of the treasury shall be ordered to a third reading until it shall have been considered in Committee of the Whole and been recommended


109


SENATE RULES.


for passage, and it shall not be in order to entertain a motion to suspend the rules for that purpose.


RULE 27. All bills shall be put upon their final passage in the same order in which they were ordered to a third reading, unless the Senate shall otherwise direct.


RULE 28. The final vote on the passage of all bills shall be taken by yeas and nays and entered on the journal.


RULE 29. The question on the final passage of all bills and joint resolutions, which, by the constitution, require the assent of two- thirds of the Senators elect, shall be taken by yeas and nays, and entered on the journal, and unless two-thirds of all the Senators elect vote in the affirmative, the bill or joint resolution shall be declared lost. And whenever such bill or joint resolution shall receive such assent of two-thirds as aforesaid, the fact thereof shall be certified upon said bill or joint resolution. The president shall certify the passage of all bills and joint resolutions to the Governor.


RULE 30. No amendment shall be received for discussion at the third reading of any bill, resolution or proposed amendment of the Constitution, recommended for passage by committee of the whole, unless seconded by a majority of the Senate; but it shall at all times be in order, before the final passage of the bill, resolution or proposed constitutional amendment, to move its commitment or re-commitment.


RULE 31. When a proposed amendment to the Constitution, or any bill requiring the concurrence of two-thirds of the Senators elect, is under consideration, the concurrence of such two-thirds shall not be requisite to decide any question for amendment, or relating to the merits, being short of the final question, except on amendments to bills that are returned from the House of Repre- sentatives to the Senate for final action.


RULE 32. When a bill or joint resolution originating in either house shall have been lost in the Senate, neither the same nor any other bill or joint resolution on the same subject and containing similar provisions, shall be subsequently introduced into the Senate during the same session, unless by consent of two-thirds of the members elected to the Senate.


MOTIONS AND RESOLUTIONS.


RULE 33. No motion or resolution shall be debated until the same is stated by the Chair, and it shall be reduced to writing if required


110


THE LEGISLATURE.


by the president or any member, and shall be delivered in at the table and read by the president or secretary before the same shall be debated; but the same may be withdrawn at any time before decision or amendment.


RULE 34. When a question is under debate. no motion shall be received but --


1. To adjourn.


2. To take a recess.


3. To lay on the table.


4. For the previous question.


5. To postpone to a day certain.


6. To commit.


7. To amend.


8. To postpone indefinitely.


Which several motions shall take precedence in the order in which they stand arranged. When a recess is taken during the pendency of any question, the consideration of such question shall be resumed upon the re-assembling of the Senate, unless other- wise determined.


RULE 35. A motion to adjourn shall always be in order; that and the motion to lay on the table shall be decided without debate. A motion for recess, pending the consideration of other business, shall not be debatable.


RULE 36. If the question in debate contains several points, any member may have the same divided.


RULE 37. When the motion is made to amend by striking out and inserting other words, the same shall be deemed indivisible but either the words proposed to be struck out, or to be inserted. may be amended before the question to strike out and insert is put.


RULE 38. When a blank is to be filled, and different sums or times shall be proposed. the question shall be first taken on the highest sum or the longest time.


RULE 39. A decision to lay upon the table shall carry with it all questions to which it is attached, except in the case of laying an appeal on the table.


RULE 40. When a question has been once put and decided, it shall be in order for any member to move the reconsideration thereof; but no motion for the reconsideration of any vote shall be in order unless the bill, resolution, message, report, amend


- 1


111


SENATE RULES.


ment, or motion upon which the vote was taken shall be in the possession of the Senate; nor shall any motion for reconsideration be in order, unless made on the same day the vote was taken, or within the next two days of the actual session of the Senate there- after, nor shall any question be reconsidered more than once.


YEAS AND NAYS.


RULE 41. Upon any question, the names of those who voted for or against the same shall be entered alphabetically on the journal, if one member require it, and each member called upon, unless for special reason he be excused by the Senate before the roll call begins, shall declare openly and without debate his assent or dissent to the question.


RULE 42. After the yeas and nays are called upon any question and after the question is stated from the Chair, and the Secretary directed to call the roll, and the first vote given, no member shall be entitled to speak on the question, nor shall any motion be in order until such roll call is finished and the result declared.


CALL OF THE SENATE.


RULE 43. A call of the Senate may be ordered by a majority of the members present, whether a quorum or not, and in pursuance thereof the Sergeant-at-Arms or any other person or persons duly empowered by a majority of the members present and voting, may be dispatched for and arrest any or all members absent without leave, as said majority shall agree (at the expense of such absent members respectively, unless such excuse shall be made for non- attendance as the Senate, when a quorum is convened, shall judge sufficient; in which case the same shall be paid as incidental expenses. of the Senate). And any such member or members absent without sufficient excuse shall not be entitled to per diem allowance during the time of absence, in case the Senate shall so determine by a two- thirds vote of the members present and voting.


PREVIOUS QUESTION.


RULE 44. The mode of ordering the previous question shall be as follows: Any member may move the previous question. This being seconded by at least one other member, the Chair shall submit the question in this form. "Shall the main question now be put?" This shall be ordered only by a majority of the members present and voting.


112


THE LEGISLATURE.


The effect of ordering the previous question shall be to instantly close debate and bring the Senate to an immediate vote on the pend- ing question or questions in their regular order. The motion for the previous question may be limited by the mover to one or more of the questions preceding the main question itself, in which case the form shall be, "Shall the question, as limited, be now put?" The yeas and nays may be demanded on any vote under this rule, and a motion for a call of the Senate shall be in order at any time prior to the ordering of the previous question. Any question of order or appeal from the decision of the Chair, pending the previous question, shall be decided without debate. When the question is on a motion to reconsider, under the operation of the previous question, and is decided in the affirmative, the previous question shall have no opera- tion upon the question to be reconsidered. If the Senate refuses to order the previous question, the consideration of the subject shall be resumed, as if no motion therefor had been made.


APPEALS.


RULE 45. Any member may appeal from any decision of the Chair. On all appeals the question shall be, "Shall the decision of the Chair stand as the judgment of the Senate?" Appeals shall be. debatable except when the Senate is under the operation of the previous question, or the decision appealed from relates to priority -of business.


RULE 46. An appeal may be laid on the table, but shall not carry with it the subject matter before the Senate at the time such appeal is taken.


EXECUTIVE SESSION.


RULE 47. On a motion made and carried to shut the doors of the Senate on the discussion of any business which may, in the opinion of any member, require secrecy, or on motion made and carried, that the Senate go into executive session, the President shall direct all persons, excepting the members and the Secre- taries and Sergeant-at-Arms, to withdraw; and during the executive session and the discussion of said motion, the doors shall remain shut, and every member and officer shall keep secret all such matters, proceedings and things whereof the secrecy shall be enjoined by order of the Senate.


RULE 48. Whenever the Senate shall go into consideration of executive business, the proceedings of the Senate in such business


113


SENATE RULES.


shall be kept in a separate journal, which shall not be inspected by any others than members of the Senate, unless otherwise ordered. Such journal shall be published after the close of the session, at the end of the regular journal of the proceedings of the Senate, unless otherwise ordered.


RULE 49. When nominations to office shall be made by the Gov- ernor, a future day for taking them into consideration shall be assigned, unless the Senate direct otherwise.


CONTESTED ELECTIONS.


RULE 50. In cases of contested elections, notice setting forth the grounds of such contest shall be given by the contestant to the Senate within three days of actual session after the Senate first convenes; and in such case the contest shall be determined as speedily as reasonably possible, and neither the contestee nor contestant shall have the right to draw any per diem, mileage, or other allowance until such contest shall be determined, and then only the person decided to be entitled to the seat shall be paid per diem, mileage, or other allowance.


MISCELLANEOUS.


RULE 51. Before any petition or memorial, addressed to the Senate, shall be received and read, a brief statement of the con- tents thereof shall be indorsed on the same, with the name of the member introducing it. .


RULE 52. All questions relating to the priority of business shall be decided without debate.


-


RULE 53. When a member shall be called to order he shall sit down until the President shall have determined whether he is in order or not; and every question of order shall be decided by the President, subject to an appeal to the Senate by any member; and if a member be called to order for words spoken, the exceptional words shall be immediately taken down in writing.


RULE 54. No person shall be admitted within the bar of the Senate, unless by invitation of the President or some of the mem- bers-except the Governor, State officers, Senators and Repre- sentatives in Congress, members of the House, ex-Senators, or any former incumbents of said offices respectively.


RULE 55. No standing rule or order of the Senate shall be rescinded, changed or suspended without the consent of two-thirds of all the members present. 15


RULES AND ORDERS


OF THE


HOUSE OF REPRESENTATIVES OF MICHIGAN. ·


CONTENTS.


CHAPTER I .- THE SPEAKER.


Rule 1. To take the Chair, call to order, and if quorum be present proceed to business.


2. To preserve order, has preference in speaking to points of order, shall decide same, subject to appeal ; speaking on appeal, limitation of.


6 3. Shall appoint all committees unless otherwise ordered, etc.


6


4. May appoint substitute for one day, and longer by leave of House,


5. Shall appoint chairman of committee of the whole ..


6 6. Shall vote on all elections, divisions, and questions, except on appeals ..


= 7. Form in which questions shall be put. Division of House.


CHAPTER II .- THE OLERK.


Rule 8. To announce if quorum be present, journal to be read and corrected.


..


9. Duties as to numbering, etc., of bills and preparing of general order.


10. To make and complete journal. Miscellaneous provisions.


CHAPTER III .- ORDER OF BUSINESS.


Rule 11. Reading and correction of journal, order of business, etc.


CHAPTER IV .- MEMBERS.


Rule 12. To address Speaker, and confine themselves to question under debate ..


13. When to vote.


14. When may be called to order; to take seat, etc.


15. Speaker to decide who entitled to floor.


16. When may speak more than once to same question.


17. To retain seats until Speaker announces adjournment.


18. What a quorum ; fifteen may compel attendance of absentees.


6. 19. When private discourse and walking about forbidden, etc.


66 20. Endorsement necessary on bills, petitions, reports, etc., presented.


21. Names to be called alphabetically in taking yeas and nays, etc.


22. Call of the House, proceedings when ordered.


23. Vote of, not to be recorded unless given from his seat.


24. If in committee room, deemed within bar of the House. (114)


.


115


HOUSE RULES-CONTENTS.


CHAPTER V .- MOTIONS.


Rule 25. To be stated by Speaker or read by Clerk before debating.


26. Shall be in writing, if demanded, entered on journal, etc.


66 27. When deemed in possession of House; when may be withdrawn.


66 28. Precedence of motions when a question is under debate.


66 29. To adjourn always in order ; that and points of order, etc., not debatable.


66 30. Previous question, proceedings under, etc.


31. Questions of order under previous question not debatable.


66 32. All but privileged questions to be put in order offered; filling of blanks.


66 33. When question divisible ; to strike out and insert is indivisible.


.. 34. Reconsideration.


35. Amendments, limitation as to.


CHAPTER VI-COMMITTEE OF THE WHOLE.


Rule 36. House to go into, when ; order of business in.


37. Bills; how considered ; amendments to be on separate paper, etc.


38. Motion to rise always in order and not debatable.


39. Motion to reconsider always in order.


40. Rules to be observed in.


CHAPTER VIJ .- COMMITTEES.


Rule 41. List of Standing committees; number in each ; when appointed.


42. First named to be chairman unless committee elects.


43. Not to sit during session of House or employ clerk without leave.


41. On engrossment and enrollment, duties of; may report at any time.


CHAPTER VIII .- BILLS AND JOINT RESOLUTIONS.


Rule 45. How introduced.


46. As to readings of.


6 47. When to be referred to committee of the whole.


48. Committal or amendments not in order until after second reading.


49. Vote on passage to be by yeas and nays, entered on journal; vote of majority of members elect necessary.


6 50. When two-thirds vote of members elect required.


51. Received from Senate, to be treated same as House bills, etc.


52. Motion to strike out enacting clause has precedence, etc.


53. Notice as to reconsideration, duty of clerk as to. 66


66 54. Title of, what to contain.


55. After consideration by committee of the whole, amendments by House.


56. Amending when not considered in committee of the whole.


66 57. Preamble, how considered for amendment or passage.


CHAPTER IX .- MISCELLANEOUS.


Rule 58. Admissions within the bar.


6. 59. Certain resolutions to lay over one day.


66 60. Yeas and nays to be entered in journal on demand of ten members.


61. Newspaper reading prohibited during sessions.


62. Cushing's Manual adopted where not inconsistent, etc.


66 63. Two-thirds of the members elect may alter or amend rules; suspension of.


66 64. A majority may reconsider a question requiring two-thirds to adopt.


116


HOUSE RULES-CONTENTS.


Rule 65. Objection to reading of paper, decided by vote.


66 66. Reading in full required in order to be printed in journal.


=


67. Appeals, form of question and of taking vote.


68. Laying appeal on table not to carry question with it.


" · 69. Special orders not reached to come up as unfinished business next day.


70. Notice to be given member introducing before adverse report shall be made on bill, etc.


71. Bills appropriating money to be referred to committee on ways and means.


HOUSE RULES.


CHAPTER I .- THE SPEAKER.


RULE 1. The Speaker shall take the chair each day at the hour to which the House shall have adjourned. He shall call the House to order, and, except in absence of a quorum, shall proceed to business in the manner prescribed by these rules.


RULE 2. He shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House, on which appeal no member shall speak more than once, except by leave of the House.


RULE 3. He shall appoint all committees, except where the House shall otherwise order.


RULE 4. He may substitute any member to perform the duties. of the Chair, but not for a longer time than one day, except by leave of the House.


RULE 5. When the House shall have decided to go into a Com- mittee of the Whole, he shall name a chairman to preside therein ..


RULE 6. He shall vote on all elections or divisions called for by any member, and on all questions taken by yeas and nays, except on appeals from his decision.


RULE 7. He shall distinctly put all questions in this form, to. wit: "As many as are in favor of [as the question may be], say 'Aye;'" and after the affirmative voice is expressed, "As many as are opposed, say 'No.'" If the Speaker doubt or a division be called for, the House shall divide,-those voting in the affirmative shall first rise from their seats; afterwards those in the negative.




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