Official directory and legislative manual of the State of Michigan for the years 1893-4, Part 12

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


USA > Michigan > Official directory and legislative manual of the State of Michigan for the years 1893-4 > Part 12


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CHAPTER II .- THE CLERK.


RULE 8. Upon the announcement by the clerk that a quorum of the House is present, the journal of the preceding day shall be read, unless otherwise ordered by the House, and any mistake therein corrected.


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THE LEGISLATURE.


RULE 9. The clerk shall give to every bill and joint resolution, when introduced, a number, and the numbers shall be in numerical order and known as the House bill numbers; and when bills or reso- lutions are reported back from committees, he shall give them another number, which shall be known as the file number; and if the bill or joint resolution be ordered printed, he shall cause to be printed at the head of each the name of the committee which reported the same, and the character of the report; and he shall preserve the several bills and joint resolutions on file in order by their file number, unless ordered otherwise by the House; and such file shall be called the general order of the day.


RULE 10. He shall make up and complete the journal of the House, in conformity to the rules; keep the several orders of business separate and distinct, and keep on file the several bills in the order of the third reading in the order in which they were received from the Committee of the Whole.


CHAPTER III .- ORDER OF BUSINESS.


RULE 11. On the meeting of the House, after correcting the journal of the preceding day, 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.


5. Communications from State Officers.


6. Messages from the Senate.


7. Notices.


8. Introduction of Bills.


9. Third Reading of Bills.


10. Motions and Resolutions.


11. Unfinished Business.


12. Special Orders of the day.


13. General Orders of the day.


CHAPTER IV .- MEMBERS.


RULE 12. When any member is about to speak in debate, or present any matter to the House, he shall rise from his seat, and respectfully address himself to "Mr. Speaker;" he shall confine himself to the question under debate, and avoid personality.


RULE 13. Every member who shall be within the bar of the House


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HOUSE RULES.


when a question is stated from the Chair, shall vote thereon unless he be directly interested in the question; and no member shall be obliged to vote on any question unless he be within the bar when the question is so stated.


RULE 14. If any member in speaking transgress the rules of the House, the Speaker shall, or any member may, call to order; in which case the member so called to order shall immediately sit down, and shall not rise unless to explain or proceed in order.


RULE 15. When two or more members rise at once, the Speaker shall name the member who is first to speak.


RULE 16. No member shall speak more than once on the same question, without leave of the House, unless he be the mover of the matter pending, or chairman of the committee who reported the same, in which case he shall be privileged to speak twice.


RULE 17. When the House adjourns, the members shall keep their seats until the Speaker announces the adjournment.


RULE 18. A majority of the members elected to the House shall constitute a quorum; but any fifteen members shall be authorized to compel the attendance of absent members.


RULE 19. While the Speaker is putting any question, or while the roll is being called by the clerk, no member shall walk out of or across the House; nor in such case, or when a member is speaking, shall entertain private discourse, or pass between him and the Chair.


RULE 20. Every member presenting a paper containing subject matter for the consideration of the House, shall endorse the same; if a petition, memorial or report, with a brief statement of its subject or contents, adding his name; if a notice or resolution, with his name; if a report of a committee, a statement of such report, with the name of the committee and member making the same; if a bill, a statement of its title, with his name.


RULE 21. Upon calls of the House, and in taking the yeas and nays upon any question, the names of the members shall be called alphabetically.


RULE 22. Upon calls of the House, the names of the members shall be called over by the clerk, and the absentees noted, after which the names of the absentees shall again be called over; the doors shall then be shut, and those for whom no excuse, or insufficient excuses are made, may, by order of those present, if fifteen in num- ber, be taken into custody as they appear, or may be sent for and


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THE LEGISLATURE.


taken into custody wherever found, by the Sergeant-at-Arms, or the special messenger of the House.


RULE 23. The vote of no member shall be recorded by the clerk unless such member shall be in his seat when he gives his vote.


RULE 24. Any member being in either of the committee rooms shall be deemed to be within the bar of the House.


CHAPTER V .- MOTIONS.


RULE 25. When a motion is made and seconded, it shall be stated by the Speaker; or, being in writing it shall be handed to the Chair, and read aloud by the Clerk before being debated.


RULE 26. Every motion shall be reduced to writing if the Speaker or any member shall request it, and shall be entered upon the Journal, together with the name of the member making it, unless withdrawn or ruled out of order by the Speaker.


RULE 27. After a motion has been stated by the Speaker, or read by the Clerk, it shall be deemed to be in the possession of the House, but may be withdrawn at any time before decision or amendment.


RULE 28. When a question is under debate, no motion shall be received but the following, and they shall have precedence in the order in which they stand arranged. to wit :


1. To adjourn.


2. To lay on the table.


3. For the previous question.


4. To postpone to a day certain.


5. To commit. .


6. To amend.


7. To postpone indefinitely; and no motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall be again allowed on the same day, and at the same stage of the question.


RULE 29. A motion to adjourn shall always be in order; that and the motion to lay on the table, to postpone indefinitely, and all motions relating to questions of order shall be decided without debate.


RULE 30. On motion for the previous question, the first vote shall be taken on ordering it, which, if decided affirmatively, the next question shall be on seconding the demand, which shall be in this form : "Shall the main question be now put?" which shall be decided by a majority of the members present, by a rising vote. After order-


MICHIGAN ASYLUM FOR THE INSANE, KALAMAZOO.


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HOUSE RULES.


ing the previous question and prior to seconding the same, a call of the House shall be in order, or the yeas and nays may be demanded, but after seconding such motion, no call or motion shall be in order prior to a decision of the main question. The effect of the previous question shall be to put an end to all debate, and bring the House to a direct vote upon a motion to commit, if such motion shall have been made; and if this motion does not prevail then upon amend- ments reported by a committee, if any; then upon pending amend- ments, and then upon the main question. When a motion to recon- sider is taken under the operation of the previous question, and is decided in the affirmative, the previous question shall have no oper- ation upon the question to be reconsidered. If the House shall refuse to order the main question, the consideration of the subject shall be resumed as though no motion for the previous question had been made.


RULE 31. All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.


RULE 32. All questions shall be put in the order they were moved, except in the case of privileged questions; and in the filling up of blanks, the largest sum and the longest time shall be first put.


RULE 33. Any member may call for a division of the question, which shall be divided if it comprehend propositions in substance so- distinct that one being taken away, a substantive proposition shall remain for the decision of the House. A motion to strike out and. insert shall be deemed indivisible.


RULE 34. Any member who voted on that side of the question which prevailed may move for a reconsideration thereof on the same or next succeeding day, and such motion shall take precedence of all other questions, except a motion to adjourn; but shall not be renewed on the same day.


RULE 35. No motion or proposition on a subject different from that under consideration shall be admitted under color of an amendment ..


CHAPTER VI .- COMMITTEE OF THE WHOLE.


RULE 36. When the House shall have arrived at the "General' Orders of the day," it shall go into committee of the whole upon such orders, or a particular order designated by a vote of the House, and no business shall be in order until the whole are considered or passed. or the committee rise; and unless a particular bill is ordered


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THE LEGISLATURE.


up, the committee of the whole shall consider, act upon or pass the general orders, according to the order of their reference.


RULE 37. In committee of the whole, bills shall first be read or debated by clauses or sections, leaving the preamble to be last con- sidered. The body of the bill shall not be defaced or interlined, but all amendments shall be entered on a separate piece of paper, and reported to the House by the chairman standing in his place.


RULE 38. A motion that the committee rise shall always be in order and shall be decided without debate.


RULE 39. A motion to reconsider shall be in order in committee of the whole.


RULE 40. The rules of the House shall be observed in committee of the whole, so far as they may be applicable, except that it cannot refer a matter to any other committee; it cannot adjourn; the pre- vious question shall not be enforced; the yeas and nays shall not be called; a motion to indefinitely postpone shall not be in order; a member may speak more than once; the title'or enacting words of a bill or joint resolution shall not be amended or stricken out.


CHAPTER VII .- COMMITTEES.


RULE 41. The following standing committees, to consist of five member's each, except the committees on ways and means, judiciary, railroads, municipal corporations, and engrossment and enrollment, which shall consist of seven members each, shall be appointed at the commencement of the session:


1. Agricultural College.


2. Agriculture.


3. Drainage.


4. Eastern Asylum for Insane.


5. Education.


6. Elections.


7. Engrossment and Enrollment.


8. Federal Relations.


9. Fisheries.


10. Geological Survey.


11. Harbors.


12. Horticulture.


13. Immigration.


14. Insurance.


15. Internal Improvements.


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HOUSE RULES.


16. Judiciary.


17. Liquor traffic.


18. Local Taxation.


19. Lumber and Salt.


20. Manufactures.


21. Michigan Asylum for Insane.


22. Michigan Institution for the Deaf and Dumb.


23. Military Affairs.


24. Mines and Minerals.


25. Municipal Corporations.


26. Normal School.


27. Printing.


28. Private Corporations.


29. Public Health.


30. Public Lands.


31. Railroads.


32. Reform School.


33. Reform School for Girls.


34. Religious and Benevolent Societies.


35. Roads and Bridges.


36. Rules and Joint Rules.


37. State Affairs.


38. State Capitol and Public Buildings.


39. State House of Correction.


40. State Library.


41. State Prison.


42. State Public School.


43. State School for the Blind.


44. Supplies and Expenditures.


45. Towns and Counties.


46. University.


47. Ways and Means.


48. Northern Asylum for Insane.


49. Labor.


50. Soldiers' Home.


51. Michigan Asylum for Insane Criminals:


52. School of Mines.


53. Upper Peninsula Prison.


RULE 42. The first named member of any committee shall be , the chairman, unless the committee by a majority of their number elect a chairm ın.


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THE LEGISLATURE.


RULE 43. No committee shall sit during the sessions of the House, without special leave, nor shall employ a clerk at the public expense, without first obtaining leave of the House for that purpose.


RULE 44. The Committee on Engrossment and Enrollment shall examine all bills originating in the House, which shall have passed both houses, see that the same are correctly enrolled, and report to the House the day on which they were severally presented to the Governor for his signature. This committee may report at any time.


CHAPTER VIII .- BILLS AND JOINT RESOLUTIONS.


RULE 45. Every bill or joint resolution shall be introduced on the report of a committee, or by motion for leave; in the latter case, at least one day's notice shall be given, which notice shall be in writing, and shall contain the title of the bill or joint resolution.


RULE 46. Every bill or joint resolution shall receive three several readings previous to its passage; the first and second readings may be by its title only, but the third reading shall be in full, unless otherwise ordered by the House, and on a day subsequent to that on which it receives its second reading, or passed the committee of the whole House.


RULE 47. Every bill or joint resolution reported upon by a com- mittee, with the recommendation that the same " do pass," shall be- printed, referred to the committee of the whole, and placed on the general order.


RULE 48. No bill or joint resolution shall be committed or amended until it has passed its first and second readings.


RULE 49. On the final passage of every bill and joint resolution, the vote shall be taken by yeas and nays, and entered upon the Journal; and no bill or joint resolution shall be declared passed unless a majority of all the members elected to the House shall have voted in favor of the passage of the same.


RULE 50. No bill or joint resolution appropriating the public money or property for local or private purposes, or altering or amend- ing any act of incorporation granted prior to 1850, shall be declared passed unless two-thirds of all the members elected to the House shall have voted in favor of the passage of the same.


RULE 51. Every bill or joint resolution transmitted from the Senate shall receive the several readings, be committed, and treated in all respects as though the same originated in the House.


RULE 52. A motion to strike out the enacting words of a bill shall


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HOUSE RULES.


have precedence for a motion to amend; and if carried, shall be considered equivalent to its rejection.


RULE 53. When notice of the intention to move the reconsider- ation of any bill or joint resolution shall be given by a member, the Clerk of the House shall retain the said bill or joint resolu- tion until after the time expires during which the motion can be made.


RULE 54. The title of every bill shall express the subject to which the same relates, and if the bill proposes any amendment to existing laws, enacted prior to the last general compilation, the title shall contain also the compiler's section and the chapter of the compiled laws which the bill proposes to amend.


RULE 55. Bills or joint resolutions which have been considered in committee of the whole, may be amended by the House by a two-thirds vote of all the members present and voting thereon. When any bill or joint resolution, considered in committee of the whole, shall have been recommitted, any amendments made thereto by the committee, may be concurred in by a majority vote .-- H. J., April 1, 1891.


RULE 56. Bills or joint resolutions placed on the order of third reading, or their final passage, without having been considered in committee of the whole, may be amended prior to their passage by a majority vote.


RULE 57. For the purposes of amendment the preamble of a bill or joint resolution shall be considered as a part of the bill or joint resolution to which it is attached; but on the final passage of any bill or joint resolution, the preamble shall be considered with the title.


CHAPTER IX .- MISCELLANEOUS.


RULE 58. No person, unless introduced by a member, shall be admitted within the bar of the House, except the Executive, mem- bers of the Senate, the heads of the departments of the State Government, Judges of the Supreme Court, Circuit Judges, Mem- bers of Congress, those who have been Members of Congress, of the Constitutional Conventions of this State, of the State Legis- lature, and such persons as the Speaker shall assign places as reporters.


RULE 59. Every order or resolution to which the concurrence of the Senate shall be necessary, shall be read to the House, and shall lie upon the table one day preceding its passage.


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THE LEGISLATURE.


RULE 60. Upon the passage of any question, the vote shall be taken by yeas and nays, and entered upon the Journal of the House, when demanded by any ten members.


RULE 61. No newspaper or other matter foreign to the business of the House, shall be read within its bar during the sessions thereof.


RULE 62. The rules of parliamentary practice comprised in "Cushing's Law and Practice of Legislative Assemblies," shall govern in all cases in which they are not inconsistent with the standing rules and orders of the House.


RULE 63. Any rule of the house may be altered or amended by a vote of two-thirds of the members elect, or may be suspended by a two-thirds vote of the members present.


RULE 64. Any question which requires, under the rule, a two- thirds majority to adopt, being lost, may be reconsidered by a majority vote.


RULE 65. When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by a vote of the House.


RULE 66. No memorial, remonstrance, or petition shall be printed in full in the daily journal without having been first read to the House.


RULE 67. On all appeals from the decisions of the Chair, the question shall be, "Shall the judgment of the Chair stand as the judgment of the House?" which shall be decided by a rising vote, unless otherwise ordered by the House.


RULE 68. An appeal may be laid on the table, but shall not carry with it the subject matter before the House at the time such appeal is taken.


RULE 69. Any subject matter having been made the special order for a particular day, and not having been reached on that day, the same shall come up on the order of "Unfinished business" on the next succeeding legislative day.


RULE 70. All standing committees, before reporting adversely to any resolution or bill, shall notify the member presenting such resolution or bill, when and where he may meet such committee to explain the same; such notice to be given by mail in the House postoffice, twenty-four hours, or in person at any time, before so reporting.


RULE 71. All bills appropriating money from the public treasury, shall be referred to the committee on ways and means for their approval or correction, before final action is taken on the same .- H. J., Jan. 16, 1891.


4


JOINT RULES


OF THE


SENATE AND HOUSE OF REPRESENTATIVES.


RULE 1. Each House shall transmit to the other all papers on which any bill or resolution shall be founded.


RULE 2. When a bill or resolution which shall have passed one House is rejected in the other, notice thereof shall be given to the House in which the same may have passed.


RULE 3. Messages from one House to the other shall be com- municated by the Secretary of the Senate and Clerk of the House of Representatives, unless the House transmitting the message shall especially direct otherwise.


RULE 4. It shall be in the power of either House to amend any amendment made by the other to any bill or resolution.


RULE 5. In every case of a difference between the two Houses upon any subject of legislation, if either house shall request a conference, and appoint a committee for that purpose, and the other House shall also appoint a committee, such committees shall meet at such hour and place as shall be agreed on by the chair- men, and state to each other verbally or in writing as either may choose, the reasons of their respective Houses, and confer freely thereon, and they shall be authorized to report to their respective; Houses such modifications as they shall think advisable.


RULE 6. It shall be in order for either House to recede from any subject matter of difference existing between the two Houses at any time previous to a conference. whether the papers on which such difference has arisen are before the House receding, formally or informally, and that a majority shall govern, except in cases were two-thirds are required by the Constitution; and the question


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THE LEGISLATURE.


having been put and lost, shall not be again put the same day, and the consideration thereof in other respects, be regulated by the rules of the respective Houses.


RULE 7. After each House has adhered to its disagreement, the bill which is the subject of difference shall be deemed lost, and shall not be again revived during the same session, in either House, unless by consent of three-fourths of the members present of the House reviving it.


RULE 8. The same bill shall not create, renew, or continue more than one incorporation, nor contain any provision in relation to the altering of more than one act of incorporation; nor shall the same bill appropriate public money or property to more than one local or private purpose. Any bills appropriating moneys for the payment of the officers of the government shall be confined to that purpose exclusively.


RULE 9. Whenever there shall be an election of any officer in joint convention, or whenever said convention shall advise or consent to a nomination made to them by the Governor, the result shall be cer- tified by the President of the Senate and the Speaker of the House of Representatives, and shall be announced by the presiding officer of each House to their respective Houses, and shall be entered on the journal of each, and shall be communicated to the Governor by the Secretary of the Senate and Clerk of the House of Representatives.


RULE 10. No bill that shall have passed one house shall be sent for concurrence to the other on either of the last two days of the session, whenever a time shall have previously been fixed for the adjournment of the Legislature.


RULE 11. The committee on enrolled bills in each of the two Houses shall act jointly in the examination of all bills and resolu- tions, before their presentation to the Governor, either as a body or, by such respective sub-committees as such committees may appoint for that purpose.


RULE 12. Whenever both Houses, by the constitutional vote, direct that any act or resolution shall take effect immediately, or at any time less than ninety days, a proviso shall be added thereto at the enrollment of the same in words to this effect: " This act (or resolu- tion) shall take effect immediately (or in - days)."


RULE 13. Every resolution by which any money or other property of the State shall be donated or appropriated, or by which any expense to the State shall be incurred, or which shall have any opera-


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JOINT RULES.


tion or effect outside of the two Houses of the Legislature, except such appropriations and expenses as shall be for the exclusive use, necessity, or convenience of the Legislature, shall be either a joint or concurrent resolution; and shall take the same course as a bill, and shall be enrolled and presented to the Governor for his signature before the same shall take effect. 17


JOINT CONVENTION RULES.


+


RULE 1. Joint conventions shall be held in the hall of the House of Representatives, and the President of the Senate shall preside.


RULE 2. The Secretary of the Senate and Clerk of the House of Representatives shall be secretaries of the joint convention, and the proceedings of the convention shall be published with the journals of the House, and the final result, as announced by the President on return of the Senate to their Chamber, shall be entered on the jour- nals of the Senate.


RULE 3. The rules of the House of Representatives, so far as the same may be applicable, shall govern the proceedings in joint convention.


RULE 4. Whenever a President pro tempore presides he shall be entitled to vote on all occasions, and in case of a tie the question shall be declared lost.


RULE 5. Joint conventions shall have the power to compel the. attendance of absent members, in the mode and under the penalties prescribed by the rules of the House to which such members respectively belong; and for that purpose the Sergeant-at-Arms of each House shall attend.


RULE 6. Joint conventions may adjourn from time to time, as may be found necessary, and it shall be the duty of the House of Representatives to prepare to receive the Senate, and of the Senate to proceed to the hall of the House of Representatives, at the time fixed by law or resolution, or to which the joint convention may have adjourned.


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MICHIGAN LEGISLATIVE DECISIONS .*


INDEX.


ADJOURNMENT-1, 80.


AMENDMENT-(To committee report)-5; (to bills)-2, 3, 4, 6, 9, 10, 11, 22, 23, 74, 77.


APPEALS -- 54, 66, 81, 92.


ARRESTS-17, 18, 19, 20. AUTHORITIES-12.


BILLS-(amendments to)-2, 3, 4, 6, 9, 10, 11, 22, 23, 74, 77; (signed by Gov- ernor, unparliamentary to recall)-84; (recall from engrossing committee)-95. CALL OF THE HOUSE-1, 17, 18, 19, 20, 53 62. ,




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