USA > Michigan > Official directory and legislative manual of the State of Michigan for the years 1893-4 > Part 16
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The assent of two-thirds of all the members elect is also necessary to expel a member; to order an act to take effect at any other time than ninety days from the end of the session; to request the Governor to remove a judge; and to amend a bill or joint resolution in the House, after its consideration in committee of the whole.
ORDER OF BUSINESS.
The order of business is essentially the same in both Houses, the only difference being one of arrangement. It is as follows:
Presentation of Petitions .- Under this head are presented all peti- tions, remonstrances, memorials, and resolutions adopted by boards of supervisors or other bodies. Before presentation they should be indorsed as follows: "Petition of A. B. and others for -; " "Remon- strance of A. B. and others against -; " " Memorial of-relative to -: " or "Resolutions adopted by-relative to -; " following each one, as the case may be, with a brief statement of the subject matter, and the name of the member presenting.
Reports of Standing Committees .- Here are received all reports from standing committees relative to bills, etc., referred to them. If the report is favorable the bill is ordered printed, referred to the
157
PRACTICE AND PROCEEDINGS.
committee of the whole and placed on the general order, after con- currence or non-concurrence in amendments recommended. Amend- ments made in one house to a bill which originated in the other, whether by committee or otherwise, are written on slips of paper and attached to the bill. They do not become a part of the bill until concurred in by the House in which the bill originated. If the report is adverse, the bill is subject to the order of the House, and is usually tabled. Blanks for making reports are furnished by the Secretary or Clerk.
Reports of Select Committees .- Under this head all committees appointed for a special purpose make their reports, and action is taken thereon.
Messages from the Governor .- Here are announced and read all messages from the Executive, whether of approval or veto, return- ing bills or relative to other matters.
Communications from State Officers .- State officers frequently have occasion to send communications to the Legislature, and are often called upon for information on certain matters connected with their departments. Their communications and replies are announced under this head.
Messages from the Other House .- In the course of business many messages are received by one House from the other, and are announced here. If they transmit bills, the latter are read a first and second time and referred to the proper committees. If bills are returned without amendment they are referred to the committee on engross- ment and enrollment for enrollment. If amended they are subject to the action of the House by concurrence or otherwise. If the message contains concurrent resolutions, they are usually acted upon at once.
Notices .- This is the proper time for giving the requisite notice of the future introduction of bills or joint resolutions. Forms are fur- nished by the Secretary or Clerk for the use of members. As this previous notice is required by rule only (except in the case of bills to amend a charter of a corporation), it is frequently omitted by unani- mous consent, or suspension of the rule.
Introduction of Bills .- Members having prepared their bills with due regard to constitutional requirements (Const. Art. IV, Secs. 20, 48 ; see also third paragraph under "Miscellaneous,") are now per- mitted to introduce them. If previous notice has been given, the members should so state and ask leave to introduce the bill. Leave
158
THE LEGISLATURE.
having been granted, the bill is sent to the Secretary or Clerk, who reads the title, and the President or Speaker announces "First read- ing of the bill;" the title is again read, and the presiding officer announces "Second reading of the bill." The first and second read- ings are usually by the titles only. The bill is then referred to the proper committee. If previous notice has not been given, the mem- ber must ask for unanimous consent to introduce the bill. If any member should object, the introducer may move to suspend the rule (except in the case mentioned under "Notices"). Joint resolutions are also introduced under this head. Before they are offered for introduction they should be indorsed as follows: "A Bill [or Joint Resolution] to -," giving the title in full and also the name of the introducer.
Third Reading of Bills .- Under this order such bills and joint resolutions as have received the proper consideration, are put upon their passage. They are taken up in the order in which they are found on the files of the Secretary or Clerk. He announces the bill by number and title and reads the bill at length, unless the reading is dispensed with. The President or Speaker then says: "This is the third reading of the bill. The question is on its passage." Debate is now in order. If a member wishes to explain his vote, or to be excused from voting, he must make the explanation or request at this time, for nothing of the kind is in order after the calling of the roll is commenced. As all bills have usually been fully considered before they reach this order, no amendments can be made to them in the Senate unless seconded by a majority of the Senate (Rule 26), nor in the House except by a vote of two-thirds of all the members elect (Rule 55). Debate having been concluded, the presiding officer says, "The question is now on the passage of the bill. All who are in favor of its passage will, as your names are called, saye 'Aye;' those who are opposed will say 'No.' The Secretary [or Clerk] will call the roll." The roll is then called, the "Ayes " and "Noes" read and the number of each announced. If the requisite number of votes has been given in the affirmative, the presiding officer says, "A majority [or two-thirds] of all the members elect having voted therefor, the bill is passed." If the bill has not received the requisite number of votes, the announcement is made in the negative. If the bill passes, the presiding officer says, "The question is now on the title. The title will be agreed to unless there be objection." In case of a joint resolution, the question is on the title and preamble. If any amend-
159
PRACTICE AND PROCEEDINGS.
ments are necessary to the title, they must be made now. A majority vote is all that is necessary to make such amendments. If it is desir- able to give the bill immediate effect, now is the time to make the motion. The bill is then transmitted to the other House for its action, unless notice is given by some member of his intention to move a reconsideration of the vote by which it passed.
Motions and Resolutions .- This is the proper order for all motions which do not arise properly from the business under the other orders,-such as motions to discharge committees from the further consideration of bills; to take bills from the table; to transfer bills from one stage of their progress through the House to another; to request the Governor or the House to return a bill; and all resolu- tions on subjects outside of the usual order of business. Any busi- ness may be brought before the House at this time by appropriate motions or resolutions.
Unfinished Business .- In the course of the regular business of the session, from day to day, it often happens that an adjournment is taken in the midst of the action on some matter before the House and before any final disposition is made of the question under dis- cussion. In such case the whole matter comes up under this order as soon as it is reached on any succeeding day .- See last sentence in. next paragraph.
Special Orders of the Day .- If any business has been made the special order for a certain day, it is taken up as soon as this order of business is reached. If, however, it has been made the special order for any fixed hour of the day, it is taken up when that hour arrives, and takes precedence of all other business. In order to make any- business a special order for a time certain, a two-thirds vote is neces- sary in the House, as it is equivalent to a suspension of the rule- prescribing the daily order of business; in the Senate, a majority vote only is requisite to suspend that rule. If any matter on the. special order is not reached on the day set, it comes up afterwards. under the order of unfinished business.
General Orders of the Day. The work on this order is done in committee of the whole. After bills have been favorably reported by standing committees, they are ordered printed, referred to the committee of the whole, and placed on the general order. When this order is announced, some member moves that the House resolve itself into committee of the whole on the general order. If the motion prevails, the presiding officer appoints a chairman for the
160
THE LEGISLATURE.
committee and leaves the chair. The chairman calls the committee to order, and the bills are taken up in the order in which they are found on the files. The committee of the whole is an expedient to simplify the business of legislative bodies, by removing it from the formality of the House to the freedom and informality of a commit- tee. No record is kept of its proceedings and the only evidence of its work is the report made by its chairman and entered on the journal. Each member speaks as often as he pleases; hence all propositions may be thoroughly considered. When the committee is ready for work, the chairman announces the first bill on the order by number and title. He then reads the first section and asks, " Are there any amendments to section one of the bill?" After a pause, if no amendments are offered, he says, "If not the section will be passed. It is passed." He then reads the next section, and so on to the end of the bill. When the whole bill has been read, he asks, " Are there any amendments to the body of the bill?" Pausing again, if no amendments are offered, he says, " If not, the bill will be passed. It is passed." No amendments to a section are in order until the section has been read, nor any to the body of the bill until the whole bill has been read. The committee of the whole cannot amend the title nor strike out the enacting clause. All after the enacting clause may be stricken out, which is equivalent in effect. The committee may report a bill back to the House with the recom -. mendation that it be laid on the table; recommitted to a committee; indefinitely postponed; made a special order; put upon its immediate passage, or otherwise disposed of. If the committee desires to rise before finishing the consideration of a bill, the usual motion is "that the committee rise, report progress and ask leave to sit again." If all the bills on the general order have been considered, or if the committee has just finished the consideration of a bill and wishes to rise instead of taking up further work the proper motion is "that the committee rise." This motion is always in order; yet if it prevails pending action on any measure, the bill or joint resolution is not reported to the House by the chairman, but falls back to its original place in the files. If the motion to rise is decided in the affirmative. the Speaker or President resumes the chair and calls the House to order. The chairman makes his report, and the House acts upon its recommendations and amendments. If the House concurs in the committee's recommendations, the bills are disposed of in accord- ance therewith. If the House refuses to concur, the bills are dis-
161
PRACTICE AND PROCEEDINGS.
posed of as the House directs. If the committee has stricken out all after the enacting clause of a bill and the House concurs, the title and enacting clause are laid on the table. The amendments made in committee of the whole are written on slips of paper, and are not incorporated with the body of the bill unless the House con- curs in the same. [In reference to amendments, see "Reports of Standing Committees."]
The bills which have been reported to the House with the recom- mendation that they do pass are then placed on the order of third reading of bills for the next day's proceedings.
MISCELLANEOUS.
The day's work, after the legislative session has fairly begun and the general order files are well filled, usually closes with the work in committee of the whole. The house may, however, resume the regu- lar order of business. Or it may take a recess, or adjourn to give standing committees time to work and dispose of the bills on hand, that they may be printed and placed on the general order. Commit- tee work is done in the rooms assigned to the respective committees
A recess is taken from one hour of the same day to another, fixed in the motion for recess. An adjournment is taken to the usual hour of meeting on the next day, or some special hour fixed in the motion for adjournment. Each house determines the hour for the beginning of its daily sessions. When it is desirable to convene at some other hour, a resolution is often adopted " that, when this house adjourns today, it stands adjourned until tomorrow at-o'clock-M." Then a simple motion to adjourn carries the session over to the time fixed in the resolution. Each house makes such adjournments as it deems best, subject only to the restrictions of Section 12, Art. IV, of the Constitution.
After a bill or joint resolution has passed both houses and has been returned to the house in which it originated, it is there referred to the committee on engrossment and enrollment for enrollment. The enrolling clerk then makes a fair and correct copy of the same changing its title from "A Bill" to "An Act." If it has been ordered to take immediate effect and so appears by the certificates of the Secretary of the Senate and the Clerk of the House, an additional clause is added stating that "This act shall take immediate effect." This clause is often improperly added by members in drafting a bill. It should be omitted in the draft, as it has no force unless the bill is
21
162
THE LEGISLATURE.
ordered to take immediate effect, by a vote of two-thirds of all the members elect in each house and is so certified by the two clerical officers, in which case it becomes the duty of the enrolling clerk to add the clause. The draft should also be indorsed "A Bill," and not "An Act," as is sometimes done. The copy of the bill is then care- fully compared by the committee and, if correct, is submitted to the President of the Senate and Speaker of the House for their signa- tures. It is next submitted to the Governor for his approval, and the committee reports the bill as having been "correctly enrolled, signed, and presented to the Governor." The original bills, as well as the enrolled copies, after approval by the Governor, are finally filed in the office of the Secretary of State. Any variations between the two are indicated by the use of brackets in the printing of the session laws.
Section 14, Art. IV, of the Constitution, prescribes the duties of the Governor, in relation to bills presented to him for approval. What- ever action he may take thereon is announced by him to the Legisla- ture by appropriate messages, which are entered on the journal. If he approves, this closes the history of the bill on the legislative records. If he disapproves, further action may be taken to pass the bill over the Governor's veto, or the same may be finally disposed of by tabling, or indefinite postponement.
LIST OF REPORTS REQUIRED BY THE STATUTES.
For time of making, and final disposition, see note at end, as indicated by small' figures and letters. Where date of law is subsequent to 1881, the section will be- found in Vol. 3, Howell's Annotated Statutes. Reference to laws of 1891 will not be found in Howell's Statutes.
§ How. An. Statutes.
Year of pas- sage of law.
. To whom and by whom made.
Subject matter.
TO THE GOVERNOR.
26h
1889 }
1 a Secretary of State Board of Agriculture.
Accounts, statistics, proceed- ings, etc. Accounts, transactions, etc.
3546
10 b State Treasurer.
Financial statement. Cereal products.
834
1887 1879 1887
11 a Secretary of State.
838c
1885
818 1873 __
862
1867
3 a Secretary of State.
9667
1873_
15 a Secretary of State.
296
1846
15 a Adjutant General.
891
1865
15 a Quartermaster General.
839
1877
3 a Com'r of Mineral Statistics. 15 a Salt Inspector.
Expenses. receipts, etc. Record of inspections.
5417
1861
13 a Commissioners of State R'ds.
Proceedings.
3294
1873
4 a Commissioner of Railroads.
Proceedings, statistics, etc.
4208
1871
9 a Commissioner of Insurance.
Expenses in detail.
5026
1881.
3 a Supt. of Public Instruction.
Condition of educational insti- tutions.
5508
1873 1876
15 a Supt. of Portage Lake Canal. S a Superintendent of Fisheries.
Practical results.
8576
1883
5 a Bureau of Statistics of Labor. 15 a State Military Board.
Labor statistics.
1830
1877
3 a Directors of certain work houses.
9880
1869
15 a Superintendent of Detroit House of Correction.
Transactions, expenses, condi- tion, etc.
413
1881
19 a Boards of all State Institu- tions-educational and char- itable.
Detailed expenses, operation, condition, etc.
889
1881 __
3 Adjutant General.
898.
1879
* State Military Board.
Recom'n of Military Board, etc. Military interests, etc.
* No definite time fixed for making report
(163)
1549e
1885
26i
1889
1 a Secretary of State Horticult -! ural Society.
1
11 a Secretary of State. 12 a Secretary of State.
Apiarian statistics. Statistics of insane, deaf, dumb and blind, etc.
Births, marriages and deaths.
Abstract of sheriff's reports. Militia returns.
Inventory of military stores.
Mining, smelting, etc.
1533
1869. 1883.
1539
4 a Oil Inspector.
Receipts, expenses, etc.
2145
990
1869
Receipts, disbursements, etc. Full information as to.
164
REPORTS REQUIRED BY THE STATUTES.
List of Reports .- Continued.
§ How. An. Statutes.
Year of pas- sage of law.
To whom and by whom made.
Subject matter.
To the Governor .- Continued.
9887
1871.
18 a State Board of Corrections and Charities.
Expenses, operation, condi- tion, etc.
2287c.
1885
3 c Michigan Board of Pharmacy.
2136z5
1885
16 c State Live Stock Sanitary Commission.
2148c.
1885.
16 a State Board of Fish Commis- sioners.
Transactions, results, etc.
3208€2
1889
3 c Commissioner of Banking
Condition of banks, etc.
4441
1869 25
Scientific, etc., associations.
Condition.
1891 __
23 c World's Fair Managers for Michigan.
1891
17 a State Board of Inspectors.
Condition of institutions, rec- ommendations, information, etc.
1891. _ 16 a Central Board of Control.
Condition of institutions, rec- ommendations, information, etc.
TO THE LEGISLATURE.
1782 1784
1877 3
Abstract of Reports of Super- intendents of Poor.
2197w
1887
3 c Secretary of State.
Report of Game and Fish War- den.
1549e.
1885 2
2 a Secretary of State Board of Agriculture.
Transactions of Agricultural Societies.
26 ¿.
1889
Secretary of State Horticult- ural Society.
Transactions of Society.
299
1881
17 a State Librarian.
4976j
1889
3 a State Board of Education.
Normal
5228
1846.
Business in detail.
272
1861
4 a State Treasurer.
288-9
1816
4 a Attorney General.
311
1851
4 a Board of State Auditors.
407
1848.
4 a Board of Fund Commission- ers.
Transactions in detail.
279 5353
1846_ 1845
4 a Auditor General.
Revenues and expenses, etc. Transactions in detail.
2290
1849 __
4 a Secretary of State Agricult- ural Society.
Proceedings in detail.
3955
1869 25 Co-operative Mutual Benefit Associations.
Business affairs.
4406
1881 25
Associations of Members of the Bar.
4976j
1889 16
State Board of Education.
4441
1869 25
Scientific, etc., Associations. Benevolent Societies.
Affairs in detail.
4589
1881 25
(Charitable Societies.
Affairs in detail.
4597
1863 25 Hospitals and Asylums.
Affairs in detail.
4655
1873 25
Ecclesiastical bodies.
4724
1867 25 Religious Associations.
Financial statement, etc. Affairs in detail.
Work of Normal School, Fi- nancial Statement, etc. Condition.
4583
1879 25
3 a Board of Auditors of certain claims.
Proceedings in detail.
1930b1
1885.
2 a Medical Superintendents of Insane Asylums.
Affairs in detail.
26h.
1889 $
Condition of Library. Condition of State School.
3 a Commissioner of State Land Office.
Financial Statement. Official business. Business transactions.
4 c Secretary of State.
Proceedings, expenditures, etc.
Department.
Condition, proceedings, etc. Transactions in detail.
165
REPORTS REQUIRED BY THE STATUTES.
List of Reports .- Continued.
§ How. An. Statutes.
Year of pas- sage of law.
To whom and by whom made.
Subject matter.
To the Legislature .- Continued.
6534m5
1889.
3 State court of Mediation and Arbitration.
3931
1857
25
Mechanics' Associations.
TO THE SECRETARY OF STATE.
4589
1881
4 d Charitable Associations.
3410
1867
10 c Railroad Companies.
3515
1855
4 c Train Railway Companies.
3560
1867
4 c Street Railway Companies. 4 c Telegraph Companies.
3701 1851
3826
1875.
4 c Canal, Harbor, River and Water Power Companies.
3868
1883 __
4 c River Navigation and Im- provement Companies.
Capital paid in, receipts, ex- penses, etc.
3895m
1883 2 1887 $
10 c Water Power Companies.
3895z 3987
1846
4 c Manufacturing Associations, (organized prior to 1875.)
9351
1855 1869
10 c Mining and Manufacturing Companies.
Capital paid in, stockholders, shares, etc.
3769
1867
5 c Maritime Commerce and Nav- igation Companies.
Capital paid in, indebtedness stockholders, etc.
3786
1877
10 c Land Companies.
Capital paid in, indebtedness, stockholders, etc.
Transactions in detail.
4393 1879 _. 4401 1877
15 c Secretary of State Medical Society.
Transactions in detail.
4062
1871
3 c Mining, Smelting, etc., by Foreign Corporations.
Capital paid in, stockholders,. etc.
833
1859
9 d Supervisors and Assessors. 9 d County Clerks.
Statistics of cereal products. Deaf, dumb, blind, and insane .. Births, marriages and deaths.
§ Condition of poorhouses, ex- penses, etc.
9665
4603 1881
4 c Industrial and Charitable Schools.
Condition of jail, expenses, etc. Names of trustees, amount of real estate, etc.
Detailed inventory of property.
416161
+ c Manufacturing or Mercantile Companies.
Capital stock paid in, condi- tion, etc.
9847
1883.
3 d Superintendent of Detroit House of Correction.
Receipts and disbursements.
2295 1851
16 c Michigan State Agricultural Society.
1930c8 1885
Names of county patients of two years' standing.
2197w
1887
23 c Superintendents of State In- sane Asylums. 24 c Game and Fish Warden.
2331 1887 4401e 1887 .-
3 c Michigan Dairyman's Associ- ation.
* c Secretary of Pharmacists' and Druggists' Associations.
Services performed, snits com -. menced, etc. Transactions, etc., at annual meeting. Facts collected, discoveries. made, etc.
* No definite time fixed for making report.
Working of court. Affairs in detail.
Condition of business in detail. Shares of stock issued, etc. Capital paid in, receipts, etc. Capital paid in, receipts, etc. Capital paid in, receipts, etc.
Capital paid in, receipts, etc.
Capital paid in, costs, etc. Shareholders.
4 c Banking, Insurance, Mining, Plank, or other incorporated company issuing shares.
List of share holders.
4005
15 c State Eclectic Medical Asso- ciation.
848
1873 1869 1877 1879 Š 1873 __
12 d County Clerks.
860 1782
1812
13 d Superintendents of the Poor. 12 d Sheriffs.
414 1881. 1885
19 c Board of each State Institu -- tion.
Proceedings in detail.
166
REPORTS REQUIRED BY THE STATUTES.
List of Reports .- Continued.
§ How. An. Statutes.
Year of Pas- sage of Law.
To whom and by whom made.
Subject matter.
To the Sec'y of State .- Continued.
4441
1869
4583
1879
25 Scientific, etc., Associations. Benevolent Societies. 25
4655
1873_ 25 Ecclesiastical bodies.
4724
1867
25 Religious Associations.
Facts, discoveries, etc.
3273
1877
5 c Loaning and Investment So- cieties.
Financial condition.
4343k
1885 25 Surety and Guaranty Com- panies.
Statement of bonds, etc.
4301
1871
4 c Fire, Plate Glass, Accident, Boiler, etc., Ins. ('os.
9347
1883
3 c Detroit House of Correction.
4339
1865
5 c Foreign Insurance Cos.
3714
1867
6 c Foreign Telegraph Cos. 4 c Foreign Express Cos. 13 c Warehouse Cos.
3781.
1867
4883
1846 :
13 c Each Bank, Railroad, Canal or Turnpike Company.
TO THE ATTORNEY GENERAL.
554
1871
20 c Prosecuting Attorneys.
3931
1857
25 Mechanics' Associations.
3955
1869 25 Co-operative Mutual Benefit Associations.
3978
1877
25 Co-operative Savings Associ- ations.
Conditions, shares, etc.
1170¿9
1889
23 c County Treasurers.
Delinquent lands, etc.
1230
1873_ 4 c Palace, Sleeping l'ar, and Special Fast Freight Lines.
1237
1881
10 c Telegraph and Lines.
Telephone
3574
Expenses, earnings, capital stock.
8745
1881 _. 1877
10 c Mining, Metal, Manufactur- ing and Smelting Cos.
Capital paid in, condition, etc. Capital paid in, condition, stockholders, etc.
4018 844
1879 1877
8 c Commissioner of Mineral Sta- tistics.
4445
1865 1879
10 c Fine Art Associations.
846
12 d Clerks of Counties, Town- ships, Cities and Villages. 23 c County Treasurer.
1170g8
1889
Tax sales.
1170€7
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