USA > Michigan > Official directory and legislative manual of the State of Michigan for the years 1893-4 > Part 15
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A bad practice has grown up of requesting the return of bills from the Governor for the purpose of amendment, one which has no standing beyond courtesy and one which should seldom be indulged in, as it is surrounded with many difficulties, only one of which the case in point illustrates. This case is entirely out of the reach of parliamentary law or practice, the whole trouble was occasioned by too much courtesy on the part of the Governor's secretary; he should have replied by message that the bill had been signed.
85. The bill relative to the manufacture of oleomargarine, being on its final passage, was declared passed on 55 affirmative votes. The question was raised that, as certain provisions of the bill forced the sale of property to the State at an appraisal, it therefore required a two-thirds vote. The Speaker ruled otherwise, and an appeal was taken. The ruling was sustained .- H. J. 1885, pp. 1715-16.
This bill was very unusual in its provisions, in that it was an effort to do something that could not be done even by a two-thirds majority vote, and the courts so held. The Legislature cannot do everything.
86. A joint resolution extending the time for the completion of a railroad, and thereby continuing a land grant, was declared passed on a vote of 62 yeas. The question was raised that this was a direct vote of public property to private use and that the resolution therefore required 67 votes under the Constitution, Art. IV. Sec. 45. The Speaker ruled a majority sufficient; an appeal was taken and the rul- ing sustained .- H. J. 1885, pp. 1377-8.
There are some points of difference between the questions involved here and in No. 78; but substantially the same question is pending: will the State grant lands to railroads? In that case 67 affirmative votes were required.
87. A protest was offered in due form for publication. A motion was made that the protest be received, but not published in the journal of proceedings. The Pres- ident of the Senate ruled the motion out of order because of Sec. 10 of Art. IV. of the Constitution, which particularly gives any member of either House the right of protest and of having the same entered in the journal. An appeal was taken and the ruling sustained .- Edward's Appeal, S. J. 1887, p. 1422.
The motion was faulty for two reasons. 1. It was not in the affirmative form. It was a motion not to publish. Such motions are misleading and not in accord with parliamentary law. 2. It was in direct conflict with a constitutional privilege.
88. A member of the Senate arose to a "question of privilege," stating that he wished to introduce a resolution calling for the investigation of a certain State institution. The chair ruled that to introduce such a resolution was not a "ques- tion of privilege," and that consequently the resolution was not in order. An appeal was taken and the ruling sustained .- Babcock's Appeal, S. J. 1887, pp. 1432-3.
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LEGISLATIVE DECISIONS.
A "question of privilege" relates to something offensively personal to the member raising it, and would not apply to a resolution to investigate charges against a State institution. It would be a " breach of privelege " to obtain the floor for business not in order under any such pretense.
89. The Senate sent a request to the House for the return of a concurrent resolu- tion passed some days before relative to the April adjournment. Motion was made to grant the request. The Speaker ruled both the request and the motion out of order, as they related to a matter which had been concluded some days before, and all action relating thereto being fully completed, it was not competent for the House to accede to the request. An appeal was taken and the ruling sustained .- Oviatt's Appeal, H. J. 1887, p. 1110.
As the resolution was to fix the time to which the Legislature should stand adjourned, when it did adjourn on a given day still in the future, it is hard to see why ordinary courtesy between the two Houses would not have entertained the motion to grant the request. Strictly a request is only a petition, but the right to petition and to have our requests duly considered is supposed to be a staple of American pride.
90. The question was raised as to whether a bill affecting chartered rights acquired prior to the Constitution of 1850, having passed the House by more than a two-thirds majority vote, should not have been declared by the Speaker as having received the vote of two-thirds of all the members elect. Held, that notwithstand- ing the bill did receive the requisite two-thirds majority, it should have been so declared .- Lukey's Appeal, H. J. 1887, p. 862.
The declaration is a part of the vote, yet it is questionable if the courts would invalidate such an act because it did not receive votes enough, when by the yeas recorded in the journal more than the necessary two-thirds voted for its passage.
91. A bill having passed both houses in due form, was returned by the Governor, without his signature, to the house in which it originated. The vote by which the bill was passed was then reconsidered in constitutional form, and the question then recurred: Shall the bill pass, the objections of the Governor to the contrary notwithstanding? The bill failed to pass, not receiving the necessary votes of two- thirds of all the members elect. A motion was then made to reconsider the vote by which the bill failed to pass, when the point of order was raised that a reconsidera- tion was not in order at this stage of the bill's history-that the Constitution in providing for one reconsideration, and no more, presented a bar to all further action. Held, that the point of order was well taken .- Rumsey's Appeal, H. J. 1887, pp. 2266-7.
This holding was strictly in accord with congressional practice and precedents. There must be some point beyond which even the friends of a measure cannot hope; a veto is sufficient warning that the end is near, and that to succeed they must have a two-thirds majority the first time.
92. A protest against the action of the Senate, to be such a paper as must be entered upon the Journal under the provisions of the Constitution, shall be in language which does not impute improper motives to the Senators in taking the action .- Taylor's Appeal, S. J. 1889, p. 222.
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THE LEGISLATURE.
The Senate absolutely controls the making of its own journal, except so far as the Constitution provides that certain matters shall be entered thereon. The provision relative to individual protests cannot be held to require the Senate to enter on its Journal insult- ing or contemptuous matter, under color of a protest; and the Sen- ate may insist that the protest contain nothing but the member's. "dissent " and a bare statement of his " reasons " therefor.
93. Motion to dispense with the further reading of a protest against the action of the Senate in seating two contestants; point of order raised that the contestants should not be allowed to vote on the question; held, that the point was not well taken .- S. J. Feb. 24, 1891.
The cases having been decided by the Senate, and the contestants. seated, they were technically entitled to vote on all questions.
94. Motion that Senate return House concurrent resolution. Point of order raised. that inasmuch as a resolution has nothing tangible in its character, it cannot be recalled, and further, that it is contrary to the practice of former Legislatures.
Held (Wachtel, Speaker), anything sufficiently tangible to be submitted to the Senate, should be sufficiently so for its return and the Constitution also requires concurrent resolutions to be submitted to the Executive, hence, tangible and the point not well taken .- H. J. Feb. 6, 1891.
The practice as to return of concurrent resolutions prior to this: decision had not been definitely settled, for such action is seldom called for. The scope of concurrent resolutions has of late encroached very much upon that of joint resolutions, and their " tangibility " has thereby been recognized.
95. Resolved, That the committee on engrossment and enrollment be discharged from further consideration of House bill No. 849, known as amended charter of the city of Saginaw.
Raised point of order "that the resolution was not in order," which point of order the chair ruled was not well taken for the following reasons (Wachtel, Speaker):
It has been the practice to accede to the request of the Senate for the return of a bill even after it has gone to the Governor.
House bills go to the committee . n engrossment and enrollment immediately without any particular action; the chair cannot see that it would preclude a majority from delaying it by tabling. It seems a reasonable construction of the rules, that the House has control of its bills up to the moment they are signed by the Governor,. except when they are in the hands of the Senate; even then by the usual courtesy they are returned by request.
Now, if on the request of the Senate, the House can discharge its committee on engro sment and enrollment, it would seem as though the House could take the same action in the absence of such request.
The resolution presented, seeking to discharge the committee on engressment and enrollment, is evidently for the purpose of testing the sense of the majority, and as there is no power to prevent the House from taking this action, if it so. determines, the chair does not deem it proper to say arbitraril. that the resolution is out of order, and hence the point not well taken.
See bill history, 1857, H. B's 58, ' 1, 134. : 55; and 1-89, H. B's 174 and 227. An appeal was taken and chair sustained .- H. J. March 26, 1891.
The principal error in this ruling lies in considering a bill that has passed both houses as still " a bill." It is no longer " a bill " of one- house, but " an act" of both houses, although it is not yet a law. Its proper place is in the Governor's hands, and neither house has a.
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LEGISLATIVE DECISIONS.
right to prevent its going to the Governor, except by the process of reconsideration. Such reconsideration must begin in the house which last passed the bill, and by a request for a return of the bill preliminary to reconsideration. Another error in this ruling lies in the statement that "the House has control of its bills up to the moment they are signed by the Governor." Even if considered as still a " house bill" after its passage by the Senate, it certainly could not be held to be within the " control " of the House after it had gone to the Governor, and during the ten days he is constitu- tionally authorized to hold it before signing it. There is also a technical reason why the motion to table a House bill returned as passed by the Senate is not in order. The motion to table is a subsidiary motion which adheres only when there is some main question pending. After a bill has passed both houses, no further question as to such bill is still pending. All discretionary action has ceased, and only the formal transmission to the Gov- ernor, as contemplated by the Constitution, yet remains. It is true, the House may arbitrarily table, or suppress, the bill, and no power in the State can prevent. But such action comes of might, not of right.
96. The House having under consideration a bill authorizing and directing the Auditor General of the State of Michigan to credit to the county of Muskegon, so much of all delinquent taxes heretofore assessed on lands granted to the State by the U. S. under acts of Congress of June 3, 185-, and March 4, 1879, etc., etc.
The Speaker declared the bill passed by a majority vote of all the members elect. Point of order raised that the bill under the provisions of section 45 of article IV, of the constitution required the assent of two-thirds of the members elected to each House.
Held (Wachtel, Speaker), Bills or joint resolutions referring claims to the Board of Auditors do not pass upon such claims, but simply give the claimant a hearing for the establishment of claim. One of the provisions of this bill is that the State credit a county certain money, while to the mind of the Chair the construction of the language of the constitution appropriating money, as is sought in this case, is not clear. Yet so long as there is a doubt it should not be to the disadvantage of the claimant here, and the legislative department is also entitled to the doubt, and redress is in the court .- H. J. April 23, 1891.
The Legislature is prohibited by the Constitution from auditing or allowing any private claim or account. Bills or joint resolutions referring such claims to the Board of State Auditors are not intended to substitute the discretion of the Legislature for that of the Board, but only to set in motion the machinery of relief, as the State itself cannot be sued by its own citizens. The money granted then comes not from the legislative action, but from that of the board.
97. The House having under consideration a bill to provide for the improvement of the highway on the town line between the townships of Argyle and Moore in the county of Sanilac, and to appropriate State swamp land for that purpose, the speaker announced the bill passed by a majority vote of all the members elect. Point of order raised that the bill under consideration, which the Speaker declared
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THE LEGISLATURE.
passed by a majority vote, comes under the provisions of the constitution, relative to the appropriation of public property for local purposes, section 45, article IV, and that a two-thirds vote of the members elect is necessary to its passage.
Held (Wachtel, Speaker). Since a public highway is an improvement in which all people are interested and in which they have equal rights with the people of the locality in question it seemed at first as if the appropriation contemplated was of a public nature, but looking at it from the standpoint of the burden of taxation for the care and maintenance of this highway it assumes the appearance of an appropriation for local purposes.
The appropriation of State funds or property for improvement of a local highway relieves from taxation the locality ALONE through which that highway runs and the locality referred to in the bill is the only one in the State directly benefited, hence the point is well taken and the bill is not passed .- H. J. May 8, 1891.
This is one of those questions upon which about as much can be said on one side as on the other. In such cases the general principle that the Legislature can do anything, by a majority vote, unless some express provision to the contrary be found, is a good one to rely upon. A majority vote is always sufficient, unless some special provision requires a greater.
98. The House having under consideration a bill to create a commission, define its duties and powers and make an appropriation of money for the purpose of making an exhibit of the various manufactures and products of the State of Michigan at the World's Columbian Exposition at Chicago in the years 1895 and 1843. The Speaker announced the bill passed, a majority of a l the members elect having voted therefor. Point of order raised that this appropriation was not of that public character which the Constitution of Michigan contemplates, and authorizes to be made by a majority vote, and that consequently a two-thirds vote of the members elected was necessary to its passage.
The chair held, that inasmuch as no local or private interest was subserved by the appropr ation, resultant benefits being to the public generally and the control of the expenditure vested in State officials under the immediate supervision of the Governor, the point not well taken, citing as precedents similar propositions, public acts 1875, pages 165 and 318, relating to the Centennial of Philadelphia and Horticultural exhibit at Chicago, which the Legislature passed by a majority vote of all the members elect ( Wachtel, Speaker) .- H. J. June 3, 1991.
Questions arising from the relations of the State to the general government, or to the other states of the Union, cannot be consid- ered "local or private" in any sense of the word. Although the Constitution of Michigan, when framed, never contemplated such an appropriation, it must be remembered that a State constitution is not a grant of power to the legislative department, but a limitation upon a power which would otherwise be unlimited except by the federal constitution. When one questions the Legislature's power he must show his authority, and if he demands more than a majority vote, he must show why in unequivocal terms.
99. Resolved, That the rules of the Senate for the session of 1891, except rule 22, be and are hereby adopted as the rules for this session.
Raised point of order " that the resolution was not in order, the rules of the session of 1891 being still in force."
Held, That the point was not well taken, but that the Senate, until action to the contrary was taken, was acting under accepted parliamentary law .- S. J. Aug. 5, 1892 (Special Session).
DET. FREE PRESS
MICHIGAN ASYLUM FOR DANGEROUS AND CRIMINAL INSANE, IONIA.
PRACTICE AND £ PROCEEDINGS.
The Legislature having convened, been called to order, the list of members elect read and the oath administered [see Act No. 67, Pub- lic Acts of 1877, p. 53], it is customary to immediately adopt the rules of the preceding House, they having no force until so adopted. The joint rules are adopted afterwards by concurrent resolution. The election of officers is then proceeded with viva voce, each mem- ber rising as his name is called and naming the candidate of his. choice; a majority of all the votes cast elects. The House having chosen a Speaker, a committee is appointed to conduct him to the chair, he then assumes .the duties of the office. The officers usually elected are by the
SENATE:
HOUSE:
President, pro tempore,
Secretary,
Assistant Secretary,
Enrolling and Engrossing Clerk,
Assistant Enrolling and Engrossing Clerk,
Sergeant-at-Arms,
1st Assistant Sergeant-at-Arms,
2d Assistant Sergeant-at-Arms.
Speaker, Clerk,
*Journal Clerk,
*Corresponding Clerk,
Engrossing and Enrolling Clerk,
tAssistant Engrossing and Enrolling: Clerk,
Sergeant-at-Arms,
t1st Assistant Sergeant-at-Arms,
+2d Assistant Sergeant-at-Arms.
By concurrent resolution, the Postmaster and Assistant Postmaster.
The oath of office is administered to all the above by the presiding officers respectively.
The janitors, keepers of the cloak-rooms, and messengers (except: the messengers of the Secretary and the Clerk), are appointed by the Lieutenant Governor and the Speaker.
Each House, having completed its organization, appoints a com- mittee to wait upon the other and inform them that it is ready for business, after which a joint committee is appointed to wait upon the Governor and inform him that the Legislature is duly organized and ready to receive any communication that he may be pleased to
*Of late years appointed by the Clerk.
+Of late years appointed by their chiefs.
20 (153)
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THE LEGISLATURE.
make. At the time fixed by the Governor the Senate and House meet in joint convention and receive his message. The standing committees of the Senate and House are appointed by the Lieutenant Governor and the Speaker, respectively, as soon as possible after the organization.
COMPENSATION.
Section 15, Art. IV, of the Constitution, fixes the compensation, mileage, and allowance for stationery to members. The compensa- tion of officers is fixed by Act No. 3, laws of 1873, p. 2. The per diem allowance may be drawn as fast as earned, usually in multiples of ten days for convenience in book-keeping; the allowance for sta- tionery, at any time; mileage, as soon as ascertained by the proper committees. Pay is drawn upon certificates signed by the presiding officer and Secretary, or Clerk, and countersigned by the Auditor General. The provision of the Constitution as to postage is a dead letter, as prepayment of postage is now required. Such stationery as is needed by the committee is furnished by the State.
DUTIES OF OFFICERS.
President and Speaker-Senate rules 1, 2, 3, 4, and House rules 1, 2, 3, 4, 5, 6, 7 prescribe the duties of the presiding officers.
Secretary and Assistant .- Senate rules 5, 6, 7, 8, 9, 10 set forth the duties of these officers. The Assistant keeps the journal of the Senate, and performs such other clerical duties as are assigned him by the Secretary.
Clerk .- House rules 8, 9, 10 prescribe the general duties of the clerk and he assigns such duties to his assistants as he deems proper. The assignment of duties to them has heretofore been as follows:
Journal Clerk .- It is his duty to keep a record of each day's pro- ceedings; to enter in the journal all documents ordered printed therein; to correct the daily journal for the publication of the official journal; to officiate as reading clerk when required by the Chief Clerk, and, in case of his absence, to perform his duties generally.
Corresponding Clerk .- It is his duty to keep the bill history, showing the number, file number, and all action on bills and joint resolutions, with the date thereof; to furnish the journal clerk for entry on the journal, a copy of the titles of all petitions, etc., pre- sented, and bills and joint resolutions introduced, in numerical order,
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PRACTICE AND PROCEEDINGS.
together with the name of the member presenting the same and the reference to committees; to distribute to the proper committees, or officers, all bills, petitions and documents referred; to prepare and transmit the messages to be delivered to the Senate.
Financial Clerk .- To make out pay certificates ready for the sig- natures of the proper officers, and keep the account of the same; and such other duties as the clerk may assign him.
Enrolling and Engrossing Clerks .- It is the duty of these clerks to act as the clerks of the committees on enrollment and engross- ment; to enroll such bills and resolutions as require the Governor's approval; to present them to the presiding officers for their signa- tures, and make out the report of the same to be rendered to their respective Houses; to certify to the Secretary or Clerk such sums as may be due for extra assistants in enrollment.
Sergeant-at-Arms .- They are the executive officers of their respect- ive Houses. They have charge of the keepers of cloak rooms, janitors, and messengers; control of the police regulations, attend to the warming and ventilation of the halls, provide rooms for commit- tees, and supply them with furniture and conveniences, serve sub- ponas and warrants, and require prompt and efficient service from their subordinates. The assistants perform such duties as are assigned by the principals.
Postmaster .- He attends to the receipt and delivery of all mail matter coming to members and officers, and the proper delivery and mailing, at the general postoffice, of all matters sent by them. His assistants assist him generally.
Janitors .- They, under the supervision of the Sergeant-at-Arms, attend to the warming, ventilation, sweeping, and dusting of the halls and committee rooms; have charge of the document rooms, and, when required by the Sergeant-at-Arms, act as door-keepers, and make themselves generally useful.
Messengers .-- Each messenger, at the opening of the session, has assigned to him by the Sergeant-at-Arms, a pro rata number of desks in his house for his special attention. He is expected to keep the journals, bills, and joint resolutions thereon carefully and cor- rectly filed -adding, each morning, before the opening of the session, all such as have been delivered from the printing office. He is also to arrange and keep in order on his desks all other books, papers, and documents belonging thereto. He attends to the folding, pasting and mailing of all documents and papers sent by the members whose
1
156
THE LEGISLATURE.
desks he attends. During the daily session he is expected to occupy the position assigned him on the floor and hold himself in readiness to carry messages and papers to and from the members, the presid- ing officer, and the Secretary or Clerk. All these and such other duties as may be assigned him by the presiding officer or Sergeant- at-Arms, under whose especial direction and control he is placed, he is expected to perform in a quiet, gentlemanly manner, avoiding at all times, in the House, all rude, boisterous conduct, and all laugh- ing, talking, whispering, and the like, during session. The officers' messengers perform such duties as are required of them by the officers to whom they are respectively assigned.
QUORUM AND MAJORITIES.
A majority of the members elect constitutes a quorum in each house. A majority of all the members elect is necessary to pass a bill or joint resolution. The assent of two-thirds of all the members elect is necessary to pass a bill or joint resolution in the following cases: 1, Over the Governor's veto; 2, Appropriating public money or property for local or private purposes; 3, Altering or amending any act of incorporation heretofore granted, except of municipal corporations; 4, Proposing amendments to the Constitution.
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