USA > Wisconsin > The Wisconsin blue book 1889 > Part 9
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
Where the private interests of a member are concerned in a bill or question, he is to with- draw. And where such an interest has appeared, his voice has been disallowed even after . a division. In a case so contrary, not only to the laws of decency, but to the fundamental principle of the social compact which denies to any man to be a judge in his own cause, it is for the honor of the House that this rule, of immemorial observance, should be strictly adhered to. 2 Hats., 119, 121; 6 Grey, 368.
No member is to come into the House with his head covered, nor to remove fromn one place to another with his hat on, nor is to put on his hat in coming in or removing until he be set down in his place. Scob., 6.
-4S
WISCONSIN BLUE BOOK.
A question of order may be adjourned to give time to look into precedents. 2 Hats., 118. In Parliament, all decisions of the Speaker may be controlled by the House. 3 Grey, 319.
SECTION XVIII. ORDERS OF THE HOUSE.
Of right, the doors of the House ought not to be shut, but to be kept by porters, or ser- geants-at-arms, assigned for that purpose. Mod. Ten. Parl., 23.
[By rules of the Senate, on motion made and seconded to shut the doors of the Senate on the discussion of any business which may, in the opinion of a member, require secrecy, the President shall direct the gallery to be cleared; and during the discussion of such motion the doors shall remain shut. Rule 18.]
[No motion shall be deemed in order to admit any person or persons whatsoever within the doors of the Senate Chamber to present any petition, memorial or address, or to hear any such read. Rule 19.]
The only case where a member has a right to insist on anything, is where he calls for the execution of a subsisting order of the House. Here, there having been already a resolution, any person has a right to insist that the Speaker, or any other whose duty it is, shall carry it into execution; and no debate or delay can be had on it. Thus any member has a right to have the House or gallery cleared of strangers, an order existing for that purpose; or to have the House told where there is no quorum present. Hats., 87, 129. How far an order of the House is binding, see Hakew., 392.
But where an order is made that any particular matter be taken up on a particular day, there a question is to be put, when it is called for, whether the House will now proceed to that matter? Where orders of the day are on important or interesting matter. they ought not to be proceeded on till an hour at which the House is usually full [which in Senate is at noon}.
Orders of. the day may be discharged at any time, and a new one made for a different day. 3 Grey, 48, 313.
When a session is drawn to a close, and the important bills are all brought in. the House, in order to prevent interruption by further unimportant bills, sometimes come to a resolu- tion that no new bill be brought in, except it be sent from the other house. 3 Grey, 156.
All orders of the House determine with the session; and one taken under such an order may, after the session is ended, be discharged on a habeas corpus. Raym., 12); Jacob's L. D., by Roughead: Parliament, 1 Lev., 165 (Pritchard's case).
[Where the Constitution authorizes each House to determine the rules of its proceedings, it must mean in those cases (legislative, executive or judiciary) submitted to them by the Constitution, or in something relating to these, and necessary towards their execution. But orders and resolutions are sometimes entered in the journals, having no relation to these, such as acceptances of invitations to attend orations, to take part in processions, etc. These must be understood to be merely conventional among those who are willing to participate in the ceremony, and are, therefore, perhaps, improperly placed among the records of the House.]
SECTION XIX.
PETITIONS.
A petition prays something. A remonstrance has no prayer. 1 Grey, 58.
Petitions must be subscribed by the petitioners (Scob., 87; L. Parl., c. 22; 9 Grey, 302), unless they are attending (1 Grey, 401); or unable to sign, and averred by a member (3 Grey, 418). But a petition not subscribed, but which the member presenting it afdried to be all in the handwriting of the petitioner, and his name written in the beginning, was on the question (Mar. 14, 1800) received by the Senate. The averment of a member, or of some- body without doors, that they know the handwriting of the petitioners. is necessary, if it be questioned. 6 Grey, 36. It must be presented by a member, not by the petitioners, and must be opened by him holding it in his hand. 10 Grey, 57.
[Before any petition or memorial addressed to the Senate shall be received and read at the table, whether the same shall be introduced by the President or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the intro- ducer. Rule 24.]
Regularly, a motion for receiving it must be made and seconded, and a question put, whether it shall be received! But a cry from the House of "Received." or even its .ilpros, dispenses with the formality of this question; it is then to be nul at the table, and risoused .1.
49
MANUAL OF PARLIAMENTARY PRACTICE.
SECTION IX.
MOTIONS.
When a motion has been made, it is not to be put to the question, or debated until it is seconded. Scob., 21.
[The Senate say, No motion shall be debated until the same shall be seconded. Rule 9.]
It is then, and not till then, in possession of the House, and cannot be withdrawn but by leave of the House. It is to be put into writing if the House or Speaker require it, and must be read to the House by the Speaker as often as any member desires it for his information, . 2 Hats., 82.
[The rule of the Senate is: When a motion shall be made and seconded, it shall be reduced to writing, if desired by the President or any member, delivered in at the table, and read before the same shall be debated. * * * Rule 10.]
It might be asked, whether a motion for adjournment or for the orders of the day. can be made by any one member while another is speaking. It cannot. When two members offer to speak, he who rose first is to be heard; and it is a breach of order in another to interrupt him, unless by calling him to order, if he departs from it. And the question of order being decided, he is still to be heard through. A call for adjournment, or for the order of the day, or for the question, by gentlemen from their seats, is not a motion. No motion can be made without arising and addressing the Chair. Such calls are themselves breaches of order which, though the member who has risen may respect as an expression of impatience of the House against further debate, yet, if he chooses he has a right to go on.
SECTION XXI.
RESOLUTIONS.
When the House commands, it is by an "order." But facts, principles, and their own opinions and purposes, are expressed in the form of resolutions.
[A resolution for an allowance of money to the clerks being moved, it was objected to as not in order, and so ruled by the Chair; but on an appeal to the Senate (i. e., a call for their sense by the President, on account of doubt in his mind, according to rule 26), the decision was overruled. Jour. Sen., June 1, 1796. I presume the doubt was, whether an allowance of money could be made otherwise than by bill.]
SECTION XXII.
BILLS.
[Every bill shall receive three readings previous to its being passed; and the President shall give notice at each whether it be first, second or third; which readings shall be on three different days, unless the Senate unanimously direct otherwise. . * * Rule 26.]
SECTION XXIII.
BILLS, LEAVE TO BRING IN.
[One day's notice, at least, shall be given of an intended motion for leave to bring in a bill. Rule 25.]
When a member desires to bring in a bill on any subject, he states to the House in general terms the causes for doing it, and concludes by moving for leave to bring in a bill entitled, etc. Leave being given on the question, a committee is appointed to prepare and bring in the bill. The mover and seconder are always appointed of this committee, and one or more in addition. Haket., 122; Scob., 40.
It is to be presented fairly written, without any erasure or interlineation, or the Speaker may refuse it. Scob., 41; 1 Grey, 82, 84.
SECTION XXIV.
BILLS, FIRST READING.
When a bill is first presented, the Clerk reads it at the table, and hands it to the Speaker, who, rising, states to the House the title of the bill; that this is the first time of reading it; and the question will be, whether it shall be read a second time? then sitting down to give an opening for objections. If none be made, he rises again, and puts the question, whether it shall be read a second time? Hakew., 137, 111. A bill cannot be amended on the Erst reading (6 Grey, 256); nor is it usual for it to be opposed then, but it may be done, and rejected. D'Ewes, 335; col. 1; 3 Hats., 198. 4
50
WISCONSIN BLUE BOOK.
SECTION XXV.
BILLS, SECOND READING.
The second reading must regularly be on another day. Hakewo., 143. It is done by the Clerk at the table, who then hands it to the Speaker. The Speaker, rising, states to the House the title of the bill; that this is the second time of reading it; and that the question will be, whether it shall be committed or engrossed and read a third time? But if the bill came from the other House, as it always comes engrossed, he states that the question will be, whether it shall be read a third time, and before he has so reported the state of the bill, no one is to speak to it. Hakew., 143, 146.
[In the Senate of the United States, the President reports the title of the bill; that this is the second time of reading it: that it is now to be considered as in a committee of the whole; and the question will be, whether it shall be read a third time? or that it may be referred to a special committee?]
SECTION XXVL.
BILLS, COMMITMENT.
If on motion and question it be decided that the bill shall be committed, it may then be moved to be referred to Committee of the Whole House, or to a special committee. If the latter, the Speaker proceeds to name the committee. Any member also may name a single person, and the Clerk is to write him down as of the committee. But the House have a controlling power over the names and number, if a question be moved against any one; and may in any case put in and put out whom they please.
Those who take exceptions to some particulars in the bill are to be of the committee, but none who speak directly against the body of the bill, for he that would totally destroy will not amend it (Hakew., 146; Town., col. 208; D'Ewes, 634, col. 2; Scob., 47); or, as it is said (5 Grey, 145), the child is not to be put to a nurse that cares not for it (6 Grey, 373). It is therefore a constant rule " that no man is to be employed in any matter who has declared himself against it." And when any member who is against the bill hears himself named of its committee, he ought to ask to be excused. Thus (March 7, 1606) Mr. Hadley was, on the question being put, excused from being of a committee, declaring himself to be against the matter itself. Scob., 46. .
[No bill shall be committed or amended until it shall have been twice read; after which it may be referred to a committee. Rule 27.]
[In the appointment of the standing committees, the Senate will proceed by ballot, ser- erally, to appoint the Chairman of each committee; and then, by one ballot, the other mem- bers necessary to complete the same; and a majority of the whole number of votes given shall be necessary to the choice of a Chairman of a standing committee. All other com- mittees shall be appointed by ballot, and a plurality of votes shall make a choice. When any subject or matter shall have been referred to a committee, any other subject or matter of a similar nature may, on motion, be referred to such committee. Rule 34.]
The Clerk may deliver the bill to any member of the committee (Town., col. 99); but it is usual to deliver it to him who is first named.
In some cases the House has ordered a committee to withdraw immediately into the Com- mittee Chamber and act on and bring back the bill, sitting in the House. Soob., 4S. A committee meet when and where they please, if the House has not ordered time and place for them (6 Grey, 370); but they can only act when together, and not by separate consulta- tion and consent-nothing being the report of the committee but what has been agreed to in committee actually assembled.
A majority of the committee constitutes a quorum for business. Elsynge's Method of Passing Bills, 11.
Any member of the House may be present at any select committee, but cannot vote, and must give place to all of the committee, and sit below them. E'lsynge, 12; Scob., 43.
The committee have full power over the bill or other paper committed to them, except that they cannot change the title or subject. 8 Grey, 228.
The paper before a committee, whether select or of the whole, may be a bill, resolutions, draught of an address, etc., and it may either originate with them or be referred to them. In every case the whole paper is read first by the clerk and then by the chairman, by para- graphs (Scob , 43), pausing at the end of each paragraph, and putting questions for amend- ing, if proposed. In the case of resolutions on distinct subjects, originating with themselves, a question is put on each separately, as amended or unamended, and no final question on the whole (3 Hats., 276); but if they relate to the same subject, a question is put on the
51
MANUAL OF PARLIAMENTARY PRACTICE
whole. If it be a bill, draught of an address, or other paper originating with them, they proceed by paragraphs; putting questions for amending either by insertion or striking out, if proposed, but no question on agreeing to the paragraphs separately; this is reserved to the close, when a question is put on the whole for agreeing to it as amended or unamended. But if it be a paper referred to them, they proceed to put questions of amendment, if pro- posed, but no final question on the whole, because all parts of the paper, having been adopted by the House, stand, of course, unless altered or struck out by a vote. Even if they are opposed to the whole paper, and think it cannot be made good by amendments, they cannot reject it, but must report it back to the House without amendments and there make their opposition.
The natural order in considering and amending any paper is to begin at the beginning, and proceed through it by paragraphs, and this order is so strictly adhered to in Parlia- ment, that when a latter part has been amended, you can recur back and make any altera- tions in a former part. 2 Hats., 90. In numerous assemblies this restraint is doubtless important. [But in the Senate of the United States, though in the main we consider and amend the paragraphs in their natural order. yet recurrences are indulged; and they seem on the whole, in that small body, to produce advantages overweighing their incon- veniences.]
To this natural order of beginning at the beginning, there is a single exception found in parliamentary usage. When a bill is taken up in committee, or on its second reading, they postpone the preamble till the other parts of the bill are gone through. The reason is, that on consideration of the body of the bill, such alterations may therein be made as may also occasion the alteration of the preamble. Scob., 50; 7 Grey, 431.
On this head the following case occurred in the Senate, March 6, 1900: A resolution which had no preamble having been already amended by the House, so that a few words only of the original remained in it, a motion was made to prefix a preamble, which having an aspect very different from the resolution, the mover intimated that he should after- wards propose a corresponding amendment in the body of the resolution. It was objected that a preamble could not be taken up till the body of the resolution is done with; but the preamble was received, because we are in fact through the body of the resolution; we have amended that as far as amendments have offered, and, indeed, till little of the original is left. It is the proper time, therefore, to consider a preamble; and whether the one offered be consistent with the resolution is for the House to determine. The mover, indeed, has in- timated that he shall offer a subsequent proposition for the body of the resolution; but the House is not in possession of it; it remains in his breast, and may be withheld. The rules of the House can only operate on what is before them. [The practice of the Senate, too, allows recurrences backwards and forwards, for the purposes of amendment, not permit- ting amendments in a subsequent to preclude those in a prior part, or, e converso.]
When the committee is through the whole, a member moves that the committee may rise, and the chairman report the paper to the House, with or without amendments, as the case may be. 2 Hats., 289, 232; Scob., 53; 2 Hats., 200; 8 Scob., 50.
When a vote is once passed in a committee, it cannot be altered, but by the House, their votes being binding on themselves. 1607, June 4.
The committee may not erase, interline, or blot the bill itself; but must, in a paper by itself, set down the amendments, stating the words which are to be inserted or omitted (Scob., 50), and where, by references to the page, line, and word of the bill. Scob., 50.
SECTION XXVIL REPORT OF COMMITTEE.
The chairman of the committee, standing in his place, informs the House that the com- mittee, to whom was referred such a bill, have, according to order, had the same under consideration, and have directed him to report the same without any amendment or with sundry amendments (as the case may be), which he is ready to do when the House pleases to receive it. And he or any other may move that it be now received; but the cry of " now. now," from the House, generally dispenses with the formality of a motion and question. He then reads the amendment, with the coherence in the bill, and opens the alterations and the reasons of the committee for such amendments, until he has gone through the whole. Hle then delivers it at the clerk's table, where the amendments reported are read by the clerk without the coherence; whereupon the papers lie upon the table till the House, at its convenience, shall take up the report. Scob., 52; Haketo., 118.
The report being male, the committee is dissolved and can act no more without a new power. Scob., 51. But it may be revived by a vote, and the same matter recommitted to them. 4 Grey, CC1.
52
WISCONSIN BLUE BOOK.
SECTION XXVIII.
BILL, RECOMMITMENT.
After a bill has been committed and reported, it ought not in an ordinary course to be recommitted; but in case of importance, and for special reasons, it is sometimes recommit- ted, and usually to the same committee. Hakew., 151. If a report be recommitted before agreed to in the House, what has passed in committee is of no validity; the whole question is again before the committee, and a new resolution must be again moved, as if nothing had passed. 2 Hats., 131 -note.
In Senate, January, 1800, the salvage bill was recommitted three times after the commitment.
A particular clause of a bill may be committed without the whole bill (3 Hats., 131); ar so much of a paper to one and so much to another committee.
SECTION XXIX.
BILL, REPORTS TAKEN UP.
When the report of a paper originating with a committee is taken up by the House, they proceed exactly as in committee. Here, as in committee, when the paragraphs have, ou distinct questions, been agreed to seriatim (5 Grey, 366; 6 Grey, 368; 8 Grey, 47, 104, 360: 1 7'or buck's Deb., 125; 3 Hats., 318), no question need be put on the whole report. 5 Grey, 381.
On taking up a bill reported with amendments, the amendments only are read by the Clerk. The Speaker then reads the first, and puts it to the question, and so on until the whole are adopted or rejected, before any other amendment be admitted. except it be an amendment to an amendment. Elsynge's Mem., 53. When through the amendments of the committee, the Speaker pauses, and gives time for amendments to be proposed in the House to the body of the bill as he does also if it has been reported without amendments, putting no questions but on amendments proposed; and when through the whole, he puts the ques- tion whether the bill be read the third time.
SECTION QUASI-COMMITTEE.
If on motion and question the bill be not committed, or if no proposition for commitment be made, then the proceedings in the Senate of the United States and in Parliament are totally different. The former shall be first stated.
[The 28th rule of the Senate says: " All bills on a second reading shall first be considered by the Senate in the same manner as if the Senate were in Committee of the Whole, before they shall be taken up and proceeded on by the Senate agreeably to the standing rules, unless otherwise ordered;" (that is to say, unless ordered to be referred to a special com- mittee.) And when the Senate shall consider a treaty, bill, or resolution, as in Committee of the Whole, the Vice President or President pro tempore may call a member to fill the chair during the time the Senate shall remain in Committee of the Whole; and the chair- man (so called) shall, during such time, have the powers of a President pro tempore.]
[The proceedings of the Senate, as in a Committee of the Whole, or in Quasi-Committee are precisely as in a real Committee of the Whole, taking no question but on amendments. When through the whole they consider the Quasi-Committee as risen, the House resumes without any motion, question or resolution to that effect, and the President reports that " The House acting as in a committee of the Whole, have had under their consideration the bill entitled, etc., and have made sundry amendments, which he will now report to the House." The bill is then before them, as it would have been if reported from a committee, and the questions are regularly to be put again on every amendment; which being gone through, the President pauses to give time to the House to propose amendments to the body of the bill, and when through, puts the question whether it shall be read a third time.}
[After progress in amending the bill in Quasi-Committee, a motion may be made to refer it to a special committee. If the motion prevails, it is equivalent in effect to the several votes, that the committee rise, the House resume itself, discharge the Committee of the Whole, and refer the bill to a special committee. In that case the amendments already made fall. But if the motion falls, the Quasi-Committee stands in statu quo.]
[How far does this 25th rule subject the House, when in Quasi-Committee, to the laws which regulate the proceedings of Committees of the Whole!] The particulars in which these differ from proceedings in the House are the following: 1. In & committee every member may speak as often as he pleases. 2. The votes of a committee may be referred or
53
MANUAL OF PARLIAMENTARY PRACTICE.
Altered when reported to the House. 3 A committee, even of the whole, cannot refer any matter to another committee. In a committee, no previous question can be taken; the only means to avoid any improper discussion is to move that the committee rise; and if it be apprehended that the same discussion will be attempted on returning into committee, the House can discharge them, and proceed itself on the business. keeping down the improper discussions by the previous question. 5. A committee cannot punish a breach of order in the House or in the gallery. 9 Grey, 113. It can only rise and report to the House, who may proceed to punish. [The first and second of these peculiarities attach to the Quasi- Committee of the Senate, as every day's practice proves, and seem to be the only ones to which the 28th rule meant to subject them; for it continues to be a House, and therefore, though it acts in some respects as a committee. in others it preserves its character as & House. Thus: 3. It is in the daily habit of referrring its business to a special committee. 4. It admits of the previous question; if it did not, it would have no means of preventing an improper discussion, not being able as a committee is, to avoid it by returning into the House, for the moment it would resume the same subject there, the 28th rule declares it again a Quasi-Committee. 5. It would doubtless exercise its powers as a House on any breach of order. 6. It takes a question by yea and nay as the House does. 7. It receives messages from the President and the other House. 8. In the midst of a debate it receives & motion to adjourn, and adjourns as a House, not a committee.]
SECTION XXXI.
BILLS, SECOND READING IN THE HOUSE.
In Parliament after the bill has been read a second time, if on the motion and question it be not committed, or if no proposition for commitment be made, the Speaker reads it by paragraphs, pausing between each, but putting no question but on amendments proposed; and when through the whole, he puts the question whether it shall be read a third time? if it come from the other House; or, if originating with themselves whether it shall be en- grossed and read a third time? The Speaker reads sitting, but rises to put questions. The Clerk stands while he reads.
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.