USA > Wisconsin > The Wisconsin blue book 1889 > Part 15
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68
The Committee of the Whole is an expedient to simplify the business of legislative bodies. No record is made of its proceedings, and it has no officers except of its own crea- tion, for temporary purposes. It is liable to instant dissolution, in case of disorder, when the Speaker takes the Chair to suppress it, in case of lack of quorum, when the Speaker takes the Chair for a Call of the House or an adjournment, and in case of a message from the Senate or Governor, when the Speaker takes the chair to receive it.
The Assembly may resolve itself into a Committee of the Whole, on some particular bill, resolution or subject, or it may go into Committee of the Whole upon the general file of bills. In the first case the motion is,
" That the Assembly do now resolve itself into a Committee of the Whole upon [bill No. -, A., a bill -] or [joint resolution No. - , A., providing, etc.] or [upon all bills relating to - as the case may be."]
In the second case it is,
" That the Assembly do now resolve itself into a Committee of the Whole upon the gen- eral file of bills."
Bills, resolutions and general matters which have been once considered in Committee of the Whole, in which progress has been made and leave granted for further consideration, have the preference. The motion of the Committee of the Whole for their further consid- eration, must be made under the head of "bills in which the Committee of the Whole have made progress and obtained leave to sit again;" and in which case the member who pre- sided when the same matter was previously considered in Committee of the Whole, resumes the chair, unless the Speaker names a different member.
The motion of the Committee of the Whole upon the general file must be made under the order of " bills not yet considered in Committee of the Whole."
When the Assembly resolves itself into Committee of the Whole, the Speaker selects a Chairman, as follows:
" The gentleman from , Mr. . -, will take the Chair."
The appointed Chairman advances to the Speaker's desk, and having taken the Chair, receives from the Clerk the papers indicated by the motion for the committee when the Chairman announces:
" GENTLEMEN: - The committee have under consideration, bill No. - , entitled -, (read- ing the title from the back of the bill. Or in case of consideration of the general file.) the committee have under consideration the general file of bills; the first in order is bill No. - , entitled
"The first section is as follows:"
The Chairman then reads the first section, and asks -
"Are there any amendments proposed to the first section?"
If none are offered, the Chairman says:
"No amendments being offered to the first section, the second section will be read."
This process is continued through the whole bill, when at the close of the reading the Chairman says:
"The -th section and the whole bill have now been read, and are open to amendment."
At this point, after the friends of the bill' have perfected it, it is customary for the oppo- nents of the bill to open their attack.
After the discussion of the bill to such an extent as may be desired, if no amendments are made, the final vote is generally upon a motion -
"That the bill be reported back to the House without amendment."
If any other bills are before the committee, they are proceeded with in the same manner. If it is desired to have a further consideration of any matter before the committee, or if the general file has not been gone through with, the motion is,
"That the committee rise, report progress, and ask leave to sit again."
If the committee has completed its duties, the motion is,
"That the committee rise and report."
Which being analagous to a motion to adjourn, is not debatable. The Chairman states the matter as follows:
"It is moved that the committee do now rise and report [or otherwise as the case may be.]
"Is the committee ready for the question?
"GENTLEMEN: - Those who are of opinion that this committee do now rise and report (or as the case may be), say aye; those of contrary opinion, say no."
· The Senate does no business in Committee of the Whole.
6
S2
WISCONSIN BLUE BOOK.
In case of doubt, a division must be had, as the ayes and noes cannot be called in Com- mittee of the Whole.
When the committee rises, the Speaker resumes his seat, and the Chairman, in his place on the floor, reports as follows:
"Mr. Speaker."
The Speaker answers -
1
" Mr. Chairman."
" Who reports -
" The Committee of the Whole have had under consideration bill No. - , A., entitled and have instructed me to report the same to the House with amendment," [or as the case may be.]
When the general file has been under consideration, the report is as follows:
"The Committee of the Whole have had under consideration the general file of bills, have gone through the same, and have directed me to report to the House the bills contained therein. with sundry amendments and recommendations, as follows, to wit:" [Here follows the title of bills considered, with action taken upon them.]
In case the file has been left unfinished, the report is -
" The Committee of the Whole have had under consideration the general file of bills, and have made some progress therein. I am directed to report back the following bills, with the amendments and recommendations hereinafter specified, and ask leave for the commit- tee to sit again. [Here follows the report of amendments, etc., as above.]
On the latter report the question is-
"Shall leave be granted?"
When, upon a count, it is ascertained that a quorum is not present, the report is -
"The Committee of the Whole have had under consideration -, and after some pro- gress therein, find there is no quorum present; that fact I herewith report to you."
In the case of confusion or disorder, the Speaker, of his own accord resumes the Chair temporarily and without any formality, for the purpose of suppressing it. When order is restored, the Chairman resumes the Chair and the business proceeds.
Upon the coming in of a report, the recommendations are at once acted on by the Assembly.
When, in Committee of the Whole, auy member desires to offer an amendment. it must be reduced to writing and sent to the Chairman, who reads it, and asks -
" Is the committee ready for the question upon the amendment?"
And if no further amendment or debate, he puts the question in the usual manner.
After a section is once passed, with an unsuccessful effort to amend it, no further amend- ments are in order. The strictness of this rule, is, however, not always adhered to -an amendment once made, may, however, be reconsidered. Such a motion is -
" That the amendment offered by the gentleman from -, to the -th section, be recon- sidered; "
And is stated as follows:
" The gentleman from - -, moves that the amendment offered by the gentleman from , to the -th section be reconsidered."
"Is the Committee ready for the question?
"Those who are of the opinion that said amendmet be reconsidered, say aye; those of a contrary opinion, say no."
In case the amendment is reconsidered, the Chairman, says:
"The motion is carried. The amendment is reconsidered. The question now recurs upon the adoption of the amendment. Is the Committee ready for the question," etc .?
Forms.
OF TITLES:
No. - , a bill to -.
Amending bill : A bill relating to -, and amendatory of section , of chapter - of the - [See Joint Rule 12.]
Repealing bill :
A bill to repeal section -, of chapter -, of the -, relating to statutes or gen- eral laws, designating the same, and also the subject, object or purpose of the section of the chapter repealed; and in the body of every bill, the full title of the act repealed, shall be recited at length. [See Joint Rule 13.]
Appropriation Bill :
" To appropriate to the sum of - - dollars."
83
CUSTOMS, PRECEDENTS AND FORMS.
Titles should be written inside the bill, and indorsed upon the outside, as follows :" ..
No. - , A., A bill to regulate the license to be paid by railroad companies.
MR. GORDON.
RESOLUTIONS should not be entitled, but should have the name of the mover indorsed apon them. The same rule applies to amendments.
Resolutions are of no special form; the following may serve as a general guide in such matters.
Res. No. - , A.
Resolved, That three thousand copies of the Governor's message be furnished by the pub- lic printer to the Sergeant-at-Arms, for the use of the Assembly. " MR. TUCKER."
FOR REPORTS the following form is used :
"The Committee on -, to whom was referred bill No. - A., a bill to -, respect- fully report the sume back to the House with an amendment; and recommend its pas cage when so amended," or,
" and recommend that it do pass," or
"and recommend that it be indefinitely postponed;" or,
" and recommend that it be referred to the delegation from ," or,
" to a select committee."'
Or, if the committee report by bill :
" The committee on - --- , to whom was referred -- , respectfully report by bill No. - ,
d., a bill to - :
"And recommend its passage."
AN ENACTING CLAUSE must precede the body of the bill -t
It must invariably be iz the following form :
The people of the state of Wisconsin, represented in Senate and Assembly, do enact as Allows : - Const., Art. IV., Bec. 17.
Investigations.
.When an investigation is required into any matter, the person most interested in having the inquiry made, should nrove the appointment of a committee to take the subject in . harge. This is done by resoluhon. The resolution should be so drawn as to state the pre- wive subject to be investigated, and to give the committee all the power which the mover na deum necessary for a thorough examination into the subject matter to be laid before then ; this should be done to prevent any misapprehension as to the intention and extent of the Inquiry to be made. In case of the adoption of the resolution, the mover, together with other members, will be appointed a committee. They have power to send for persons and papers. The form of a subpoena Is as follows :
" THE STATE OF WISCONSIN,
"To - -: You are hereby commanded, that, laying aside all business and excuse, you personally appear and attend before Messrs. on the part of the Senate, and Messrs. -, on the part of the Assembly, a joint committee appointed under a resolution of the Senate and Assembly, to investigate at the room of said committee - -. in the city of Madison, the capital of the State, on the - day of -, A. D. one thousand, eight hundred and , at the hour of - in the -- noon, then and there, and from time to time, as required by said committee, to testify and give evi- dence upon the matters of inquiry before said committee.
" Hereof fail not, under penalty in such case made and provided.
" Given at the Assembly Chamber, in the city of Madison aforesaid, this - day of - A. D. 18-
" Attest :
, Speaker of the Assembly.
-, Chief Clerk of the Assembly.
. It is Important that the titles of hills should be the same on the outside and Inside of the bill, as the bill appears eu the books of the clerk by the indo.sement, and is printel Irou the inside utle and text
t Section 17, Article IV. Constitution of Wisconsin prov les that legislation shall be by bill, and ise enacting clause im necessary to the constitutionality of the la.
-
S4
WISCONSIN BLUE BOOK.
In case of a refusal to appear, or a refusal to testify, the following form of certificate may be used :
" To Hon. Speaker of the Assembly :
, chairman of the joint committee appointed to investigate -, do
hereby certify that - has been duly subpoenaed to appear before said committee, as will fully appear by the writ served, and affidavit of service accompanying the same, on file with the Chief Clerk of the Assembly.
" I further certify that said - has failed to appear before said committee, accord- ing to the exigency or mandate of said writ or subpoena.
" Dated Madison, -, 18-, at - o'clock.
' Upon which a warrant in the following form may be used :
" The State of Wisconsin to the Sergeant-at-Arms of the Assembly: -, commanding him to per-
" It appearing that a writ of subpoena, directed to
sonally appear and attend before Messrs. , on the part of the Senate, and Messrs.
, on the part of the Assembly, a joint committee appointed under a resolution
of the Senate and Assembly, to investigate - , at the room of said committee, in the city of Madison, the capital of the State, the -day of - :- , A. D. 18-, at the hour of - in the - noon, then and there, and from time to time, as required by said com- mittee, to testify and give evidence upon the matter of inquiry before said committee, has been issued, and that the said writ of subpoena was duly personally served upon the said , on the - - day of -, A. D. 18-, and returned as provided in section one of an act entitled ' an act concerning evidence and witnesses,' approved February 3, 1857; and it further appearing by the certificate of the chairman of the said joint committee, that the said - has failed or neglected to appear before the said committee in obedience to the mandate of the said subpoena; therefore, you are hereby commanded. in the name of the State of Wisconsin, to take the body of him, the said . and bring him before the Assembly, so that he may testify and give evidence before the said commit- teo, and answer for his contempt of the Assembly in not obeying the mandate of said subpoena. Hereof fail not.
" Given at the Assembly Chamber, in the city of Madison aforesaid, this - day of -, A. D. 18 -. " -- , Speaker of the Assembly.
, Chief Clerk of the Assembly."
To which the return, in ordinary cases, would be:
"By virtue of the within process, I did, on the - day of -, 18-, arrest the body of - -, and took him before the committee within named, and the said - having refused to answer interrogatories propounded by said committee, I have him, by direction of said committee, now before the Assembly.
" Assembly Chamber, , 18 -.
-, Sergeant-at-Arms of the Assembly."
A resolution, declaring the defaulter to be in contempt, is the next proceeding. The following form for such resolution was used at the session of 1858.
" Resolved, That the neglect or failure of -, to appear before the joint investigat- ing committee, composed of Messrs. , of the Senate, and Messrs. . -, of the Assembly, in compliance with the mandate of the writ of subpoena of this Assembly, served upon him on the - instant, as fully appears by the said writ and the affidavit of the service thereof indorsed thereon. now on file with the Chief Clerk of this House, be and the said neglect and failure is hereby declared a contempt of this House."
This is followed by an interrogatory, as follows:
"Int. 1 .- Why did you not appear before the joint investigating committee, as required by the mandate of the subpoena served upon you the - inst?" To which the defaulter pleads before judgment is inflicted.
Another form is as follows:
" Resolved, That the refusal of - - to answer the questions put to him by a member of the joint investigating committee, on the - instant, and which questions were certified to the House by - -, Chairman of said committee; and are now in writing, on file with the Chief Clerk of the House, be, and the same is hereby declared a contempt of this House."
Followed by the corresponding interrogatory:
" Why did you not answer the question put or propounded to you on the - instant. by a member of the joint investigating committee, of which - is Chairman'"
S5
CUSTOMS, PRECEDENTS AND FORMS.
In case the answer is satisfactory, the offender is discharged; if otherwise, he is punished by reprimand, fine or imprisonment, or both; but such imprisonment can not extend be- yond the session of the Legislature.
The report of a Cominittee on Investigation should consist of three parts:
1. The testimony taken;
2. A statement of the facts proven thereby, or conclusions derived therefrom;
3. Resolutions, or a bill providing for the action which the committee deem proper to be taken in the premises.
Quorums.
Whole number electable.
" Not less than fifty-four nor more than one hundred" Const., Art. IV., Sec. 2.
,
" One from each Assembly District." Chapter 343, Laws 1876 - (which provides for one hundred Assembly Districts).
To expel a member - 67.
"Two-thirds of all the members elected." Const., Art. IV., Sec. 8.
To do any business except to adjourn from day to day, and to compel the attendance of absent members - 51.
"A majority." Const., Art. IV., Sec. 7.
To cause the ayes and nays on any question to be entered on the journal --
"One-sixth of those present." Const., Art. IV., Sec. 20. (See table on next page.)
To pass any bill which imposes, continues or renews a tax, or creates a debt or charge, or makes, continues or renews any appropriation of public trust money, or releases, dis- charges or commutes a claim or demand from the State -
" A majority of three-fifths."- (31), three-fifths (60), being present. Const., Art. VIIL, Sec. 8.
To adjourn from day to day -
" A smaller number " (than a majority). Const., Art. IV., Sec. 7.
To compel the attendance of absent members --
" A smaller number " (than a majority). Const., Art. IV., Sec. 7.
To agree to an amendment of the Constitution - 51.
"A majority of the members elected." Const., Art. XII., Sec. 1. To recommend a Constitutional Convention -
" A majority " (present). Const., Art. XII., Sec. 2. (See table on next page.)
To contract a public debt - 51 affirmative votes. "A majority of all the members elected." Const., Art. VIII., Sec. 6. To pass any bill, resolution or motion -- " A majority " (at least 26), of a quorum of 51,' (See table on next page.)
To make a call of the House - 15. " Fifteen members." Rule 66, A. To order the previous question - (at least 26.)
" A majority present." Rule 74, A. (See table on next page.)
To suspend the rules - at least 34.
"Two-thirds of the members present." Rule 94, A. (See table on next page.)
To change the order of business - (at least 34.)
"Two-thirds of the members present." Rule 94, A.
ـعيد
86
WISCONSIN BLUE BOOK
Table
Showing the number constituting a majority, one-sixth and two-thirds of a working quo rum of any number.
No. present.
One-Sixth.
Two-thirds.
Majority.
No. present.
One-sixth.
Two-thirds
Majority.
No. present.
One-sixth.
Two-thirds.
Majority.
51
34
26
68
12
46
35
85
15
57
52
35
27
69
12
46
35
86
15
59
53
36
27
70
12
47
36
87
15
58
44
54
36
28
71
12
48
36
88
15
59
45
55
37
28
72
12
48
3.
89
15
60
45
56
10
38
29
73
13
49
37
90
15
60
46
57
10
38
29
74
13
50
3S
91
16
61
45
58
10
39
30
75
13
50
33
92
16
62
47
59
10
40
30
76
13
51
39
93
16
€2
47
60
10
40
31
77
13
52
39
94
16
63
43
62
11
42
3:2
79
14
53
40
96
16
61
43
63
11
42
3:2
80
14
54
41
97
17
65
49
64
11
43
33
81
14
54
41
98
17
66
50
65
11
44
33
82
14
55
4:2
99
17
66
50
66
11
44
83
14
56
42
100
17
67
51
67
12
45
81
14
56
43
. .
61
11
41
31
13
52
40
95
15
64
.
56666
RULES AND JOINT RULES.
It is much more material that there should be a rule to go by, than what that rule is; that there may be a uniformity of proceeding in business, not subject to the caprice of the speaker, or captiousness of the members. It is very material that order, decency, and reg- ularity be preserved in a dignified public body. 2 Hats., 149
RULES OF THE SENATE.
CALLING THE SENATE TO ORDER.
1 .- The Lieutenant Governor of the State, who, by the Sth section of the 5th article of the Constitution, is constituted ex-officio President of the Senate, shall, when present, take the chair at the hour fixed for the meeting of the Senate, when he shall immediately call the Senators to order, who shall thereupon take their seats, and continue with their heads uncovered, while the Senate remains in session; the clerk shall call the roll of Senators av the opening of the session on each day.
DUTIES OF PRESIDENT.
2 .- The President shall preserve order and decorum; may speak to points of order in preference to Senators, rising from his seat for that purpose; and shall decide points of or- der, subject to an appeal to the Senate by any Senator.
3 .- The President shall appoint all committees, except standing committees. The stand- ing committees shall be appointed by resolution. The president shall sign all acts, me- morials, addresses and resolutions. All writs, warrants and subpoenas that may be issued by the Senate, shall be signed by him and attested by the clerk.
PRESIDENT PRO TEM.
4 .- The Senate shall elect a President pro tempore, for the session, who shall possess all the powers and prerogatives of the President of the Senate in the absence of the President, and in the absence or inability of the President pro tem. to preside, the President shall have the right to name any Senator to perform any of the duties of the Chair temporarily, and who shall be invested, during such time, with all the powers of the President; but no Senator shall be excused from voting on any question by reason of his occupying the chair; nor shall such substitute's authority as presiding officer, except to the President pro tem., extend beyond a day's adjournment of the Senate.
COMMITTEE OF THE WHOLE.
5 .- Whenever the Senate determines to go into Committee of the Whole, the President shall name one of the Senators as Chairman, who shall, for the time being, be invested with all the authority of the presiding officer of the Senate.
DISTURBANCES IN THE LOBBY
· 6 .- Whenever any disturbance or disorderly conduct shall occur in the lobby, the Press- dent shall have power to cause the same to be cleared of all persons except the Senators . and officers of the Senate.
QUESTIONS - HOW STATED AND DECIDED.
7 .- Questions may be stated by the President while sitting, but he shall rise to put a ques- tion, and shall use this form: "As many as are of the opinion that (as the question mar be) will say aye; " and after the affirmative voice is expressed, "As many as are of a different opinion, will say no." If the President doubt as to the voice of the majority, or a division be called for, the Senate shall divide - those in the affirmative on the questo sh ill first rise and be counted, or, if there still be a doubt, or a count be called for, the President shall ap-
SS
WISCONSIN BLUE BOOK.
point two tellers, one from each side. to make the count and report the same to the Presi dent, who shall declare the same to the Senate.
QUORUMS.
8 .- A majority of all the members elected to the Senate must be present to constitute a quorum for the transaction of ordinary business; three-fifths of the Senators elected to the Senate must be present to constitute a quorum for the passage of appropriation bills. as provided by the Constitution of the State; a smaller number, however, can adjourn from time to time, and have power to compel the attendance of absent Senators.
LEAVE OF ABSENCE.
9 .- No Senator or officer of the Senate, unless from illness or other cause he shall be unable to attend, shall absent himself from the sessions of the Senate during an entire day, without first having obtained leave of absence.
REPORTS OF COMMITTEES.
10 .- Any committee required or entitled to report upon a subject referred to them may make a majority and minority report; any member of such committee dissenting in whole or in part, from either the conclusions or the reasoning of both the majority and minority, shall be entitled to present to the Senate a brief statement of the reasons of such dissent, which, if decorous in its language, and respectful to the Senate, shall be entered on the journal in connection with the majority and minority reports.
CLERK - ELECTION OF AND DUTIES.
11 .-- A clerk shall be elected at the commencement of each session, to hold his office at the pleasure of the Senate; he shall keep a correct journal of the daily proceedings of the Senate, and perform such other duties as may be assigned to him; he shall superintend the recording of the journal proceedings, the engrossing, enrolling. transcribing and copying of bills, resolutions, etc .; shall permit no records nor papers belonging to the Senate to be taken out of his custody, otherwise than in the regular course of business; shall report any missing papers to the notice of the President; and generally shall perform, under the direction of the President, all duties pertaining to his office as Clerk.
SERGEANT-AT-ARMS.
12 .- A Sergeant-at-Arms shall be elected at the commencement of each session, to hold his office at the pleasure of the Senate. It shall be his duty to execute all orders of the President of the Senate, and to perform all duties that may be assigned him, connected with the police and good order of the Senate Chamber; to exercise a supervision over the ingress and egress of all persons to and from the Chamber; to see that messages, etc., are promptly executed, and to perform all other services pertaining to the post of Sergeant-at Arms.
COMMITTEES.
13 .- The following Standing Committees shall be elected by the Senate at such times as may be designated, unless otherwise directed; and
The Committee on Judiciary, shall consist of seven members; the Committee on Rail- roads shall consist of nine members, and all other standing committees shall consist of three members each:
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.