USA > Wisconsin > The Wisconsin blue book 1893 > Part 10
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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. He 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; Hakew., 148.
The report being made, 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, 361.
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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); or so much of a paper to one and so much to another committee.
SECTION
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, on distinct questions, been agreed to seriatim (5 Grey, 366; 6 Grey, 368; 8 Grey, 47, 104, 360; 1 Tor- buck's Deb., 125; 3 Hats., 348), 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 28th 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 a committee every member may speak as often as he pleases. 2. The votes of a committee may be rejected or
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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 a 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 a motion to adjourn, and adjourns as a House, not a committee.]
SECTION XXI.
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.
[*But the Senate of the United States is so much in the habit of making many and material amendments at the third reading, that is has become the practice not to engross a bill until it has passed - an irregular and dangerous practice, because in this way the paper which passes the Senate is not that which goes to the other House, and that which goes to the other House as the act of the Senate has never been seen in the Senate. In reducing numerous, difficult and illegible amendments into the text, the Secretary may with the mnost innocent intentions, commit errors which can never be again corrected.]
The bill being now as perfect as its friends can make it, this is the proper stage for those fundamentally opposed to make their first attack. All attempts at earlier periods are witlı disjointed efforts, because many who do not expect to be in favor of the bill ultimately are willing to let it go on to its perfect state, to take time to examine it themselves and to hear what can be said for it, knowing that after all they will have sufficient opportunities of giving it their veto. Its last two stages, therefore, are reserved for this - that is to say, on the question whether it shall be engrossed and read a third time, and lastly, whether it shall pass ? The first of these is usually the most interesting contest, because then the whole subject is new and engaging; and the minds of the members having not yet been declared by any trying vote, the issue is the more doubtful. In this stage, therefore, is the main trial of strength between its friends and opponents, and it behooves every one to make up his mind decisively for this question, or he loses the main battle; and accident and man- agement may, and often do, prevent a successful rallying on the next and last question, whether it shall pass.
When the bill is engrossed, the title is to be indorsed on the back and not within the bill. Hakew., 250.
· The former practice of the Senate referred to in this paragraph has been changed by the following rule:
[RULE 29. The final question upon the second reading of every bill, resolution, constitutional amendment or motion, originating in the Senate, and requiring three readings previous to being passed, shall be. "Whether it shall be engrossed and read a third time ?" and no amendment shall be received for discussion at the third reading of any bill, resolution, amendment or motion, unless by unanimous consent of the members present; bur it shall at all times be in order before the final passage of any such bill, resolution, constitutional amendment or motion, to move its com- mitment; and should such commitment take place, and any amendment be reported by the com yittee, the said bill, resolution, constitutional amendment or motion, shall be again read a second time, and consider + q in Committee of the Whole, and then the aforesaid question shall be again put. ]
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WISCONSIN BLUE BOOK.
SECTION XXXII.
READING PAPERS.
Where papers are laid before the House or referred to a committee, every member has a right to have them once read at the table before he can be compelled to vote on them; but it is a great though common error to suppose that he has a right toties quoties, to have acts, journals, accounts, or papers on the table, read independently of the will of the House. The delay and interruption which this might be made to produce evince the impossibility of the existence of such a right. There is, indeed, so manifest a propriety of permitting every member to have as much information as possible on every question on which he is to vote, that when he desires the reading, if it be seen that it is really for information and not for delay, the Speaker directs it to be read without putting a question, if no one objects; but if objected to, a question must be put. 2 Hats., 117, 118.
It is equally an error to suppose that any member has a right, without a question put, to lay a book or paper on the table, or have it read, on suggesting that it contains matter infringing on the privileges of the House. Ib.
For the same reason a member has not a right to read a paper in his place, if it be ob- jected to, without leave of the House. But this rigor is never exercised but where there is an intentional or gross abuse of the time and patience of the House.
A member has not a right even to read his own speech, committed to writing, without leave. 'This also is to prevent an abuse of time, and therefore is not refused but where that is intended. 2 Grey, 226.
A report of a committee of the Senate on a bill from the House of Representatives being under consideration, on motion that the report of the committee of the House of Repre- sentatives on the same bill be read in the Senate, it passed in the negative. Feb. 28, 1793.
Formerly when papers were referred to a committee, they used to be first read; but of late only the titles, unless a number insist that they shall be read, and then nobody can oppose it. 2 Hats., 117.
SECTION XXXIII.
PRIVILEGED QUESTIONS.
[*While a question is before the Senate, no motion shall be received, unless for an amend- ment, for the previous question, or for postponing the main question, or to commit it, or to adjourn. Rule 11.]
It is no possession of a bill unless it be delivered to the Clerk to be read or the Speaker reads the title. Lex. Parl., 274; Elsynge's Mem., 85; Ord. House of Commons, 64.
It is a general rule that the question first moved and seconded shall be first put. Scob., 28, 22; 2 Hats., 81. But this rule gives way to what may be called privileged questions; and the privileged questions are of different grades among themselves.
A motion to adjourn simply takes place of all others, for otherwise the House might be kept sitting against its will, and indefinitely. Yet this motion cannot be received after an- other question is actually put, and while the House is engaged in voting.
Orders of the day take place of all other questions, except for adjournment-that is to say, the question which is the subject of an order is made a privileged one, pro hac vice. The order is a repeal of the general rule as to this special case. When any member moves, therefore, for the Order of the Day to be read, no further debate is permitted on the ques- tion which was before the House; for if the debate might proceed, it might continue through the day and defeat the order. This motion, to entitle it to precedence, must be for the orders generally, and not for any particular one; and if it be carried on the question, " Whether the House will now proceed to the orders of the day?" they must be read and proceeded on in the course in which they stand (2 Hats., 83), for priority of order gives priority of right, which cannot be taken away by another special order.
After these there are other privileged questions, which will require considerable expla- nation.
It is proper that every parliamentary assembly should have certain forms of questions, so adapted as to enable them fitly to dispose of every proposition which can be made to them. Such are: 1. The previous question. 2. To postpone indefinitely. 3. To adjourn a ques- tion to a definite day. 4. To lie on the table. 5. To commit. 6. To amend. The proper occasion for each of these questions should be understood.
"This rule has been modified so as to specify the questions entitled to preference. The rule is now as follows: ' [When a question is under debate, no motion shall be received but to adjourn, to lay on the table, to postpone indefi- nitely, to postpone to a day certain, to commit or to amend; which several motions shall have precedence in the order they stand arranged, and the motion for adjournment shall always be in order, and be decided without debate.]
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MANUAL OF PARLIAMENTARY PRACTICE.
1. When a proposition is moved which it is useless or inexpedient now, to express or dis- cuss, the previous question has been introduced for suppressing for that time the motion and its discussion. 3 Hats., 188, 189.
2. But as the previous question gets rid of it only for that day, and the same proposition may recur the next day, if they wish to suppress it for the whole of that session, they post- pone it indefinitely. 3 Hats., 183. This quashes the proposition for that session, as an indefinite adjournment is a dissolution, or the continuance of a suit sine die is a discontin- uance of it.
3. When a motion is made which it will be proper to act on, but information is wanted, or something more pressing claims the present time, the question or debate is adjourned to such day within the session as will answer the views of the House. 2 Hats., 81. And those who have spoken before may not speak again when the adjourned debate is resumed. 2 Hats., 73. Sometimes, however, this has been abusedly used by adjourning it to a day beyond the session, to get rid of it altogether, as would be done by an indefinite postpone- ment.
4. When the House has something else which claims its present attention, but would be willing to reserve in their power to take up a proposition whenever it shall suit them, they order it to lie on the table. It may then be called for at any time.
5. If the proposition will want more amendment and digestion than the formalities of the House will conveniently admit, they refer it to a committee.
6. But if the proposition be well digested, and may need but few and simple amendments, and especially if these be of leading consequence, they then proceed to consider and amend it themselves.
The Senate, in their practice, vary from this regular gradation of forms. Their practice, comparatively with that of Parliament, stands thus:
FOR THE PARLIAMENT:
Postponement indefinite, ·
Adjournment,
THE SENATE USES: Postponement to a day beyond the session, Postponement to a day within the session,
§ Postponement indefinite,
Lying on the table.
{ Lying on the table.
In their eighth rule, therefore, which declares that while the question is before the Senate, no motion shall be received, unless it be for the previous question, or to postpone, commit, or amend the main question, the term postponement must be understood according to their broad use of it and not in the parliamentary sense. Their rule then establishes as privileged questions, the previous questions, postponement, commitment and amendment.
But it may be asked, Have these questions any privileges among themselves? or are they so equal that the common principle of the " first moved first put," takes the place among them? This will need explanation. Their competitions may be as follows:
1. Previous question and postpone. -
commit .. amend
2. Postpone and previous question.
commit .. amend
3. Commit and previous question
postpone. amend
4. Amend and previous question.
postpone commit ..
In the first, second and third classes, and the first member of the fourth class, the rule, "first moved first put " takes place.
In the first class, where the previous question is first moved, the effect is peculiar; for it not only prevents the after motion to postpone or commit from being put to question before it, but also from being put after it; for if the previous question be decided affirmatively, to wit, that the main question shall now be put, it would of course be against the decision to postpone or commit; and if it be decided negatively, to wit, that the main question shall not now be put, this puts the House out of possession of the main question, and conse- quently there is nothing before them to postpone or commit. So that neither voting for nor against the previous question will enable the advocates for postponing or committing to get at their object. Whether it may be amended shall be examined hereafter.
Second class. If postponement be decided affirmatively, the proposition is removed from before the House, and consequently there is no ground for the previous question, commit
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WISCONSIN BLUE BOOK.
ment, or amendment; but if decided negatively (that it shall not be postponed), the main question may then be suppressed by the previous question, or may be committed or amended.
The third class is subject to the same observations as the second.
The fourth class. Amendment of the main question first moved, and afterwards the pre- vious question, the question of amendment shall be first put.
Amendment and postponement competing, postponement is first put, as the equivalent proposition to adjourn the main question would be in Parliament. The reason is, that the question for amendment is not suppressed by postponement or adjourning the main ques- tion, but remains before the House whenever the main question is resumed; and it might be that the occasion for other urgent business might go by, and be lost by length of debate on the amendment, if the House had it not in their power to postpone the whole subject.
Amendment and commitment. The question for committing though last moved, shall be first put; because, in truth, it facilitates and befriends the motion to amend. Scobell is express: "On motion to amend a bill, any one may, notwithstanding, move to commit it, and the question for commitment shall be first put." Scob., 46.
We have hitherto considered the question of two or more of the privileged questions con- tending for privilege between themselves, when both are moved on the original or main question: but now let us suppose one of them to be moved not on the original primary question, but on the secondary one, e. g.
Suppose a motion to postpone, commit or amend the main question, and that it be moved to suppress that motion by putting a previous question on it. This is not allowed. because it would embarrass questions too much to allow them to be piled on one another several stories high; and the same result may be had in a more simple way, by deciding against the postponement, commitment or amendment. 2 Hats., 81, 2, 3, 4.
Suppose a motion for the previous question, or commitment or amendment of the main . question, and that it be then moved to postpone the motion for the previous question, or for commitment or amendment of the main question. 1. It would be absurd to postpone the previous question, commitment or amendment alone, and thus separate the appendage from its principal; yet it must be postponed separately from its original, if at all, because the eighth rule of the Senate says that " when a main question is before the House, no motion shall be received but to commit, amend or pre-question the original question," which is the parliamentary doctrine also; therefore the motion to postpone the secondary motion for the previous question, or for committing or amending, cannot be received. 2. This is a piling of questions one on another; which to avoid embarrassment, is not allowed. 3. The same result may be had more simply by voting against the previous question, com- mitment or amendment.
Suppose a commitment moved of a motion for the previous question, or to postpone or amend. The first, second and third reasons before stated, all hold good against this.
Suppose an amendment moved to a motion for the previous question. Answer: the pre- vious question cannot be amended. Parliamentary usage, as well as the ninth rule of the Senate, has fixed its form to be, Shall the main question be now put ?- i. e., at this instant; and as the present instant is but one, it can admit of no modification. To change it to to- morrow, or any other moment, is without example and without utility. But suppose a motion to amend a motion for postponement as to one day instead of another, or to a spe- cial instead of an indefinite time. The useful character of amendment gives it a privilege of attaching itself to a secondary and privileged motion; that is, we may amend a postpone- ment of a main question. So, we may amend a commitment of a main question, as by a'lding, for example, " with instructions to inquire," etc. In like manner, if an amendment be moved to an amendment, it is admitted; but it would not be admitted in another degree, to wit: to amend an amendment to an amendment of a main question. This would lead to too much embarrassment. The line must be drawn somewhere, and usage lias drawn it after the amendment to the amendment. The same result must be sought by deciding against the amendment to the amendment, and then moving it again as it wished to be amended. In this form it becomes only amendment to an amendment.
[When niotions are made for reference of the same sub ject to a select committee and to a standing committee, the question on reference to the standing committee shall be first put. Rule 36.]
¡In filling a blank with a sum, the largest sum should be first put to the question, by the thirteenth rule of the Senate,"] contrary to the rule of Parliament, which privileges the smallest sum and longest time. 5 Grey, 179; 2 Hats., 8, 83; 3 Hats., 132, 133. And this is con-
['RULE 13. In filling up blanks, the largest sum and longest time shall be first put.]
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MANUAL OF PARLIAMENTARY PRACTICE.
sidered to be not in the form of an amendment to the question, but as alternative or suc- cessive originals. In all cases of time or number, we must consider whether the larger comprehends the lesser as in a question to what day a postponement shall be, the number of a committee, amount of fine, term of an imprisonment, term of irredeemability of a loan, or the terminus in quem in any other case; then the question must begin a maximo. Or whether the lesser includes the greater, as in questions on the limitation of the rate of in- terest, on what day the session shall be closed by adjournment, on what day the next shall commence, when an act shall commence, or the terminus a quo in any other case where the question must begin a minimo; the object being not to begin at that extreme which, and more, being within every man's wish, no one could negative it, and yet, if he should vote in the affirmative, every question for more would be precluded; but at that extreme which would unite few, and then to advance or recede till you get a number which will unite a bare majority. 3 Grey, 376, 384, 385. " The fair question, in this case, is not that to which, and more, all will agree, whether there shall be addition to the question." Grey, 355.
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