USA > Wisconsin > The Wisconsin blue book 1889 > Part 8
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[In the Senate. a President pro tempore in the absence of the Vice President is proposed and chosen by ballot. His office is understood to be determined on the Vice President's appearing and taking the chair, or at the meeting of the Senate after the first recess.
Where the Speaker has been ill, other Speakers pro tempore have been appointed, In- stances of this are 1 H., 4. Sir John Cheyney, and for Sir Wm. Sturton, and in 15 H., 6, Sir John Tyrrell, in 1656, January 27; 1658, March 9; 1659, January 13.
Sir Job Charlton ill, Seymour chosen, 1673, Febru- ary 18.
Seymour being ill, Sir Robert Sawyer chosen, 1678, April 15.
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Not merely pro tempore. 1 Chand., 169, 276, 277.
Sawyer being ill, Seymour chosen.
Thorpe in execution. a new speaker chosen, 31 H., VI. 3 Grey, 11; and March 14, 1694, Sir John Trevor chosen. There have been no later instances. 2 Hats., 161; 4 Inst. : 8, L. Parl., 263.
A Speaker may be removed at the will of the House and a Speaker pro tempore ap- . pointed .* 2 Grey, 186; 5 Grey, 134.
SECTION X.
ADDRESS.
[The President shall, from time to time. give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge neces- sary and expedient. Const., II, 3.]
A joint address of both houses of Parliament is read by the Speaker of the House of Lords. It may be attended by both Houses in a body. or by a committee from each House. or by the two Speakers only. An address of the House of Commons only may be pre- sented by the whole House, or by the Speaker, 9 Grey. 473; 1 Chandler, 29S, 301; or by such particular members as are of the privy council. 2 Hats., 278.
SECTION XI. COMMITTEES.
Standing committees, as of privileges and elections, etc., are usually appointed at the first meeting, to continue through the session. The person first named is generally per- mitted to act as chairman. But this is a matter of courtesy; every committee having a right to elect their own chairman, who presides over them, puts questions, and reports their proceedings to the House. 4 Inst., 11. 12; Scob., 2; 1 Grey, 122.
At these committees the members are to speak standing, and not sitting; though there is reason to conjecture it was formerly otherwise. D'Ewes, 630, col. 1: 4 Parl. Hist .. 410; 2 Hats., 77.
.RELE 23. The Vice President or l'resident of the Senate pro tempore, shall have the right to name a member to per. form the duties of the chair, but such substitution shall not extend beyond an amendment
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MANUAL OF PARLIAMENTARY PRACTICE.
Their proceedings are not to be published, as they are of no force till confirmed by the 'House. Rushw., part 3, vol. 2, 74: 3 Grey, 401; Scob., 39. Nor can they receive a petition but through the House. 9 Grey, 412.
When a committee is charged with an inquiry, if a member prove to be involved, they cannot proceed against him, but must make a special report to the House; whereupon the member is heard in his place, or at the bar, or a special authority is given to the committee to inquire concerning him. 9 Grey, 523.
So soon as the House sits, and a committee is notified of it, the chairman is in duty bound to rise instantly, and the members to attend the service of the House. 2 Nals., 319.
It appears that on joint committees of the Lords and Commons, each committee acted integrally in the following instances: 7 Grey, 261, 278, 285, 338: 1 Chandler, 357. 402. In the following instances it does not appear whether they did or not: 6 Grey, 129; 7 Grey, 213, 229, 321.
SECTION XII. COMMITTEE OF THE WHOLE.
The speech, message, and other matters of great concernment, are usually referred to a committee of the whole House (6 Grey, 311), where general principles are digested in the form of resolutions, which are debated and amended till they get into a share which meets the approbation of a majority. These being reported and confirmed by the House, are then referred to one or more select committees, according as the subject divides itself into one or more bills. Scob., 36. 44. Propositions for any charge on the people are especially to be first made in a committee of the whole. 3 Hats., 127. The sense of the whole is better taken in committee, because in all committees every one speaks as often as he pleases. Scob., 49. They generally acquiesce in the chairman named by the Speaker: but. as well as all other committees, have a right to elect one, some member, by consent, putting the ques- tion. Scob., 36; 3 Grey, 301. The form of going from the House into committee, is for the Speaker, on motion, to put the question that the House do now resolve itself into a committee of the Whole, to take into consideration such a matter, naming it. If determined in the affirmative he leaves the chair and takes a seat elsewhere, as any other member; and the person appointed chairman seats himself at the clerk's table. Scob., 36. Their quorum is the same as that of the House, and if a defect happens, the chairman. on a motion and question, rises, the Speaker resumes the chair, and the chairman can make no other report than to inform the House of the cause of their dissolution. If a message is announced during a committee, the Speaker takes the chair. and receives it, because the committee cannot. 2 Hats., 125, 126.
In a Committee of the Whole, the tellers on a division, differing as to numbers, great heats and confusion arose, and danger of a decision by the sword. The Speaker tok the chair, the mace was forcibly laid on the table; whereupon the members retiring to their places, the Speaker told the House "he had taken the chair without an order to bring the House into order." Some excepted against it but it was generally approved, as the only expedient to suppress the disorder. And every member was required. standing up in his place, to engage that he would proceed no further, in consequence of what had happened in the grand committee, which was done. 3 Grey, 128.
A Committee of the Whole being broken up in disorder, and the chair resumed by the Speaker without an order, the House was adjourned. The next day the committee was considered as thereby dissolved, and the subject again before the House; and it was decided in the House without returning into the committee. 3 Grey. 130.
No previous question can be put in a committee, nor can this committee adjourn as others may; but if their business is unfinished. they rise, on a question, the House is resumed, and the chairman reports that the Committee of the Whole have, according to order, had under their consideration such a matter, and have made progress therein; but not having had time to go through the same, have directed him to ask leave to sit again. Whereupon a question is put upon their having leave, and on the time the House will again resolve itself into a committee. Scob., 38. But if they have gone through the matter referred to them. a member moves that the committee may rise, and the chairman report their proceed- ings to the House; which being resolved, the chairman rises, the speaker resumes the chair. the chairman informs him that the committee have gone through the business referred to them, and that he is ready to make report when the House shall think proper to receive it. If the House have time to receive it, there is usually a cry of "Now, now," whereupon he makes the report; but if it be late, the cry is. "To-morrow, to-morrow," or " Monday,"etc .: or a motion is made to that effect, and a question put, that it be received to-morrow, etc. Scob., 38.
In other things the rules of proceedings are to be the same as In the House. Scob., 20.
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WISCONSIN BLUE BOOK.
SECTION XIIL
EXAMINATION OF WITNESSES.
Common fame is a good ground for the house to proceed by inquiry, and even to accusa- tion. Resolution House of Commons, 1 Car., 1, 1624; Rush., L. Parl., 115; 1 Grey, 16-22, 92; Grey, 21, 23, 27, 45.
Witnesses are not to be produced but where the House has previously instituted an inquiry (2 Hats .. 102), nor then are orders for their attendance given blank. 3 Grey. 51.
When any person is examined before a committee, or at the bar of the House, any mem- ber wishing to ask the person a question, must address it to the Speaker or chairman, who repeats the question to the person, or says to him, "you hear the question - answer it." But if the propriety of the question be objected to, the Speaker directs the witness. counsel and parties to withdraw, for no question can be moved or put, or debated, while they are there. 2 Hats., 108. Sometimes the questions are previously settled in writing before the witness enters. Ib., 106, 107: 8 Grey, 64. The question asked must be entered in the jour- nals. 3 Grey, 81. But the testimony given in answer before the House is never written down; but before a committee it must be, for the information of the House, who are not present to hear it. 7 Grey, 52, 334.
If either House have occasion for the presence of a person in custody of the other, they ask the other their leave that he may be brought up to them in custody. 3 Hats., 52.
A Member, in his place, gives information to the House of what he knows of any matter " under hearing at the bar. Jour. H. of C., Jan. 22, 1741-'45.
Either House may request, but not demand, the attendance of a member of the other. They are to make the request by message to the other House, and to express clearly the purpose of attendance, that no improper subject of examination may be tendered to him. The House then gives leave to the member to attend, if he chooses it; waiting first to know from the Member himself whether he chooses to attend, till which they do not take the message into consideration. But when the Peers are sitting as a court of criminal judica- ture, they may order attendance, unless where it be a case of impeachment by the Com- mons. There, it is to be a request. 3 Hats., 17; 9 Grey, 306, 406; 10 Grey, 133.
Counsel are to be heard only on private, not on public bills, and on such points of law only as the House shall direct. 10 Grey, 61.
SECTION XIV.
ARRANGEMENT OF BUSINESS.
The Speaker is not precisely bound to any rules as to what bills or other matter shall be first .taken up; but is left to his own discretion, unless the House on the question decide to take up a particular subject. Hakew., 136.
A settled order of business is, however, necessary for the government of the presiding person, and to restrain individual members from calling up favorite measures, or matters under their special patronage, out of their just turn. It is useful also for directing the dis- cretion of the House, when they are moved to take up a particular matter. to the prej- udice of the others having priority of right to their attention in the general order of business.
[In Senate, the bills and other papers which are in possession of the House, and in a state to be acted on, are arranged every morning, and brought on in the following order:]
[1. Bills ready for a second reading are read, that they may be referred to committees and so be put under way. But if, on their being read. no motion is made for commitment, they are then laid on the table in the general file, to be taken up in their just turn.]
[2. After 12 o'clock, bills ready for it are put on their passage.]
[3. Reports in possession of the House, which offer grounds for a bill, are to be taken up. that the bill may be ordered in.]
[4. Bills or other matters before the House, and unfinished on the preceding day, whether taken up in turn or on special order, are entitled to be resumed and passed on through their present stage.]
[5. These matters being dispatched, for preparing and expediting business, the general file of bills and other papers is then taken up, and each article of it is brought on necording to its seniority, reckoned by the date of its first introduction to the House. Reporta on bills belong to the dates of their bill.]
[The arrangement of the business of the Senate is now as follows:]
[1. Motions previously submitted.]
[2. Reports of Committees previously made.]
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MANUAL OF PARLIAMENTARY PRACTICE.
[3. Bills from the House of Representatives, and those introduced on leave, which hare been read the first time, are read the second time: and if not referred to a committee, are considered in Committee of the Whole, and proceeded with as in other cases.]
[4. After twelve o'clock. engrossed bills of the Senate, and bills of the House of Repre- sentatives, on third reading are put on their passage.]
[5. If the above are nished before one o'clock, the general file of bills, consisting of those reported from committees on the second reading, and those reported from committees after having been referred, are taken up in the order in which they were reported to the Serate by the respective committees.]
[G. At one o'clock, if no business be peuding, or if no motion be called to proceed to other business, the special orders are called, at the head of which stands the unfinished business of the preceding day.]
[In this way we do not waste our time in debating what shall be taken up. We ao one thing at a time; follow up a subject while it is fresh, and till it is done with, clear the House of business gradatim as it is brought on, and prevent, to a certain degree. its immense accu- mulation towards the close of the session.]
[Arrangements, however. can only take hold of matters in possession of the House. New matter may be moved at any time when no question is before the House. Such are origi- nal motions and reports on bills. Such are bills from the other House, which are received at all times, and receive their first reading as soon as the question then before the House is disposed of; and bills brought in on leave, which are read first whenever presented. So messages from the other House respecting amendments to bills are taken up as soon as the House is clear of a question, unless they require to be printed for better consideration. Orders of the day may be called for even when another question is before the House.
SECTION XV.
ORDER.
[Each House may determine the rules of its proceedings; pumsn its meinbers for disor- derly behavior; and, with the concurrence of two-thirds, expel a member. Const., 1, 5.]
In Parliament, "Instances make order," per Speaker Onslow. 2 Hats., 141. But what is done only by one Parliament, cannot be called custom of Parliament; by Prynne. 1 Grey, 52.
SECTION XVI ORDER RESPECTING PAPERS.
The Clerk is to let no journals, records, accounts or papers, be taken from the table or out of his custody. 2 Hats., 193, 104.
Mr. Prynne having at a Committee of the Whole amended a mistake in a bill without order or knowledge of the committee, was reprimanded. 1 Chand., " ..
A bill being missing, the House resolved that a protestation should be made and sub- scribed by the members " before Almighty God and this honorable House, that neither my- self nor any other to my knowledge have taken away, or do at this present conceal a bill entitled," etc. 5 Grey, 202.
After a bill is engrossed, it is put into the Speaker's hands, and he is not to let any one have it to look into. Town., col. 200.
SECTION XVII.
ORDER IN DEBATE.
When the Speaker is seated in his chair, every member is to sit in his place. Scob., 6; 3 Grey, 403.
When any member means to speak, he is to stand up in his place, uncovered, and to ad- dress himself, not to the House, or any particular member, but to the Speaker, who calls him by his name, that the House may take notice who it is that speaks. Scoo., 6; D'Eures. 487, col. 1; 2 Hats., "7; 4 Grey, 66; 8 Grey, 108. But members who are indisposed inar be in- dulged to speak sitting. 2 Hats., 75; 1 Grey, 143.
[In Senate, every member, when he speaks, shall address the chair, standing in his place. and when he has finished, shall sit down. Rule 3.]
When a member stands up to speak, no question is to be put. but he is to be heard unless the House overrules him. 4 Grey, 300; 5 Grey, 6. 143.
If two or more rise to speak nearly together, the Speaker deterinines who was first up. and calls him by name; whereupon the proceeds, unless he voluntarily sits down and givew way to the other. But sometimes the House does not acquiesce in the Speaker's decision,
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WISCONSIN BLUE BOOK.
in which case the question is put, "Which member was first up?" 2 Hats., 76; Scob., 7; D'Ewes, 434, col. 1, 2.
[In the Senate of the United States, the President's decision is withont appeal. Their rule is in these words: When two members rise at the same time the President shall name the person to speak; but in all cases the member who shall first rise and address the Chair shall speak first. Rule 5.]
No man may speak more than once on the same bill on the same day: or even on another day, if the debate be adjourned. But if it be read more than once in the same day. be may speak once at every reading. Co., 12, 115; Hakew., 148; Scob., 58: 2 Hats., 75. Even a change of opinion does not give a right to be heard a second time. Smyth's Comw., L. 2, c. 3; Arcan Parl., 17.
[The corresponding rule of the Senate is in these words : No member shall speak more than twice, in any one debate on the same day, without leave of the Senate. Rule 4.]
But he may be permitted to speak again to a clear matter of fact (3 Grey, 357, 416); or merely to explain himself (2 Hats., 73) in some material part of his speech (Ib., 75 ;; or to the manner of words of the question, keeping himself to that only, and not traveling into the merits of it (Memorials in Hakew., 29), or to the orders of the House, if they be trans- gressed, keeping within that line, and not falling into the matter itself. Memorials Hakew., 80, 31.
1 But if the Speaker rise to speak, the member standing up ought to sit down, that he may be first heard. Town. col., 205: Hale Parl., 133; Mem. in Hakew., 30, 31. Nevertheless, though the Speaker may of right speak to matters of order, and be first heard, he is re- strained from speaking on any other subject. except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact. 3 Grey, 38.
No one is to speak impertinently or beside the question, superfluously or tediously. Scob., 51, 33; 2 Hats., 166, 168; Hale Parl., 133.
. No person is to use indecent language against the proceedings of the House: no prior de- termination of which is to be reflected on by any member, unless he means to conclude with a motion to rescind it. 2 Hats., 169. 170; Fushi., p. 3, v. 1, fol. 42. But while a prop- osition under consideration is still in fieri, though it has even been reported by a commit- tee, reflections on it are no reflections on the House. 9 Grey, 50S.
No person in speaking, is to mention a member then present by his name. but to describe him by his seat in the House, or who spoke last, or on the other side of the question, etc. (Mem. in Hakew., 3; Smyth's Comw., L. 2, c. 3); nor to digress from the matter to fall upon the person (Scob. 31; Hale Parl., 133; 2 Hats., 166) by speaking, reviling nipping or unmanly words. against a particular member. Smyth's Comw., L. 2, c. 3. The consequences of a measure may be reprobated in strong terms; but to arraign the motives of those who pro- pose to advocate it, is a personality, and against order. Qui digreditur a materia ad per- sonam, Mr. Speaker ought to suppress. Ord. Com., 1604, Apr. 19.
[* * * When a member shall be called to order by the President or a Senator, he shall sit down, and shall not proceed without leave of the Senate: and every question of order shall be decided by the President, without debate, subject to an appeal to the Senate; and the President may call for the sense of the Senate on any question of order. Rule 6.]
[No member shall speak to another or otherwise interrupt the business of the Senate, or read any newspaper while the journals or public papers are reading, or when any member is speaking in any debate. Rule 2.]
No one is to disturb another in his speech by hissing, coughing, spitting (6 Grey, 332; Scob., 8; D'Eres, 332, col., 1, 610, col. 1). speaking or whispering to another (Scob., 6: D' Eures, 487, col., 1); nor stand up to interrupt him (Town., col. 205; Mem. in Hakew., 31); nor to push between the Speaker and the speaking member. nor to go across the House (Scob., 6), or to walk up and down it, or to take books or papers from the table, or write there. 2 Hats., 171.
Nevertheless, if a member finds that it is not the inclination of the House to hear him. and that by conversation or any other noise they endeavor to drown his voice, it is his most prudent way to submit to the pleasure of the House, and sit down; for it scarcely ever happens that they are guilty of this piece of ill manners without sufficient reason, or inat- tentive to a member who says anything worth their hearing. 2 Hats .. 77, 73.
If repeated calls do not produce order, the Speaker may call by his name any member obstinately persisting in irregularity; whereupon the House may require the member to withdraw. He is then to be heard in exculpation, and to withdraw. Then the Speaker states the offense committed, and the House considers the degree of punishment they will Inflict. 3 Hats., 107, 7, 8, 172.
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47
MANUAL OF PARLIAMENTARY PRACTICE.
For instances of assaults and affrays in the House of Commons, and the proceedings thereon, see 1 Pet. Misc., 82; 3 Grey, 128; 4 Grey. 328; 5 Grey, 332; 6 Grey, 254; 10 Grey, 8. When- ever warm words or an assault have passed between members, the House, for the protec- tion of their members, requires them to declare in their places not to prosecute any quarrel (3 Grey, 127, 233; 5 Grey, 290); or orders them to attend the Speaker, who is to accommodate their differences, and report to the House (3 Grey, 419); and they are put under restraint if they refuse, or until they do. 9 Grey, 234. 312.
Disorderly words are not to be noticed till the member has finished his speech. 5 Grey, 856; 6 Grey, 60. Then the person objecting to them, and desiring them to be taken down by the clerk at the table, must repeat them. The Speaker then may direct the clerk to take them down in his minutes; but if he thinks them not disorderly, he delays the direction. If the call becomes pretty general, he orders the clerk to take them down, as stated by the objecting member. They are then part of his minutes, and when read to the offendin . member, he may deny they were his words, and the House must then decide by a question whether they are his words or not. Then the member may justify them, or explain the sense in which he used them, or apologize. If the House is satisfied, no further proceeding is necessary. But if two members still insist to take the sense of the House, the member must withdraw before that question is stated, and then the sense of the house is to be taken. 2 Hats., 199; 4 Grey, 170; 6 Grey, 59. When any member has spoken, or other business inter- venes, after offensive words spoken, they cannot be taken notice of for censure. And this is for the common security of all, and to prevent mistakes which must happen if wo. ds are not taken down immediately. Formerly they might be taken down at any time the same day. 2 Hats., 196; Mem. in Hakew., 71: 3 Grey, 48; 9 Grey, 51L
Disorderly words spoken in a committee must be written down as in the House; but the committee can only report them to the House for animadversion. 6 Grey, 46.
[The rule of the Senate says: " If the member be called to order by a Senator for words spoken, the exceptionable words shall immediately be taken down in writing, that the Pres- ident may be better enabled to judge of the matter." Rule 7.]
In Parliament, to speak irreverently or seditiously against the King is against order. Smyth's Comw., L. 2, c. 3; 2 Hats., 170.
It is a breach of order in debate to notice what has been said on the same subject in the other House, on the particular votes or majorities on it there; because the opinion of each House should be left to its own independency; not to be influenced by the proceedings of the other; and the quoting them might beget reflections leading to a misunderstanding between the two Houses. 8 Grey, 22.
Neither House can exercise any authority over a member or officer of the other, but should complain to the House of which he is, and leave the punishment to them. Where the complaint is of words disrespectfully spoken by a member of another House, it is diffi- cult to obtain punishment, because of the rules supposed necessary to be observed (as to the immediate noting down of words), for the security of members. Therefore, it is the duty of the House, and more particularly of the Speaker, to interfere immediately, and not to permit expressions to go unnoticed which may give a ground of complaint to the other House, and introduce proceedings and mutual accusations between the two Houses, which can hardly be terminated without difficulty and disorder. 3 Hats., 51.
No member may be present when a bill or any business concerning himself is debating; nor is any member to speak to the merits of it till he withdraws. 2 Hats .. 219. The rule is, that if a charge against a member arise out of a report of a committee, or of examination of witnesses in the House, as the memter knows from that to what points he is to direct his exculpation, he may be heard to those points, before any question is moved or stated against him. He is then to be heard, and withdraw before any question is moved. But if the question itself' is the charge, as for breach of order, or matter arising in the debate, then the charge must be stated (that is the question must be moved), himself heard and then to withdraw. 2 Huts., 121. 122.
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