USA > Wisconsin > The Wisconsin blue book 1893 > Part 14
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Jury. In the case of Alice Pierce (1 R. 2), a jury was empaneled for her trial before a committee. Seld. Jud .. 123. But this was on a complaint, not on impeachment by the com- mons. Seld. Jud., 163. It must also have been for a misdemeanor only, as the lords spirit- ual sat in the case, which they do on misdemeanors, but not in capital cases. Id., 148. The judgment was a forfeiture of all her lands and goods. Id., 188. This, Selden says, is the only jury he finds recorded in Parliament for misdemeanor; but lie makes no doubt, if the delinquent doth put himself on trial of his country a jury ought to be impaneled, and he adds that it is not so on impeachment by the commons; for they are in loco proprio, and there no jury ought to be impaneled. Id., 124. The Ld. Berkeley, 6 E., 3, was arraigned for the murder of L., 2, on an information on the part of the King, and not impeachment of the commons; for then they had been patria sua. He waived his peerage, and was tried by a jury of Gloucestershire and Warwickshire. Id., 125. In 1 H., 7, the commons protest that they are not to be considered as parties to any judgment given, or hereafter to be given in Parliament. Seld. Jud., 133. They have been generally and more justly considered, as is before stated, as the grand jury; for the conceit of Selden is certainly not accurate, and they are the patria sua of the accused, and that the Lords do only judge, but not try. It is undeniable that they do try; for they examine witnesses as to the facts, and acquit or con- demn, according to their own belief of them. And Lord Hale says, "the peers are judges of law as well as of fact;" (2 Hale, P. C., 275); consequently of fact as well as of law.
Presence of Commons. The Commons are to be present at the examination of witnesses. Seld. Jud., 124. Indeed, they are to attend throughout, either as a committee of the whole House, or otherwise, at discretion, appoint managers to conduct the proofs. Rushw. Tr. of Straff., 37; Com. Journ., 4 Feb., 1709-10; 2 Woodd., 614. And judgment is not to be given till they demand it. Seld. Jud., 124. But they are not to be present on impeachment when the Lords consider of the answer of proofs and determine of their judgment. Their presence, however, is necessary at the answer and judgment in cases capital (Id., 58, 159) as well as not capital (162). The Lords debate the judgment among themselves. Then the vote is first taken on the question of guilty or not guilty; and if they convict, the question, or par- ticular sentence, is out of that which seemeth to be most generally agreed on. Seld. Jud., 167. 2 Woodd., 612.
Judgment. Judgments in Parliament, for death, have been strictly guided per legem terræ. which they cannot alter; and not at all according to their discretion. They can neither omit any legal part of the judgment nor add to it. Their sentence must be secund- um, non ultra legem. Seld. Jud., 168-171. This trial, though it varies in external ceremony, yet differs not in essentials from criminal prosecutions before inferior courts. The same rules of evidence, the same legal notions of crimes and punishments, prevailed; for im- peachments are not framed to alter the law, but to carry it into more effectual execution against two powerful delinquents. The judgment. therefore, is to be such as is warranted by legal principles or precedents. 6 Sta., Tr., 14; 2 Woodd., 611. The chancellor gives judg- ment in misdemeanors; the lord high steward formerly in cases of life and death. Seld. Jud., 180. But now the steward is deemed not necessary. Fost., 144; 2 Woodd., 613. In misdemeanors the greatest corporal punishment hath been imprisonment. Seld. Jud., 184. The King's assent is necessary in capital judgments (2 Woodd., 614, contra), but not in mis demeanors. Seld. Jud., 136.
Continuance. An impeachment is not discontinued by the dissolution of Parliament, but may be resumed by the new Parliament. T. Ray., 383; 4 Com. Journ., 23 Dec., 1790; Lords' Jour., May 15, 1791; 2 Woodd., 618.
CUSTOMS, PRECEDENTS AND FORMS.
Organization.
The Legislature convenes at 12 o'clock, M., on the 2d Wednesday of January in every odd numbered year.
Custom, so prevalent and so ancient as to have the force of law, has made it the duty of the Chief Clerk of the previous Assembly to call to order, and to conduct the proceedings generally, until a Speaker is chosen.
The Secretary of State furnishes to the clerk a certified statement of the names of the members elect, which is read. The members then advance to the Clerk's desk, generally the delegation of each county by itself, and subscribe to the oath of office.
It often happens, that by neglect of the proper county officer, to return the proceedings of the county canvassers, some members find their election not to be on record in the Sec- retary's office. In such case the certificate held by the member himself should be produced to the Clerk. This answers every purpose, and should always be secured by members elect, from the clerk of their county.
The oath of office is then administered to the members elect. It may be administered by the Speaker, the President of the Senate, the Governor, Secretary of State, Attorney Gen- eral, or any of the Judges of the Supreme Court. It has been administered in this state, usually, by one of the judges. Members coming in after the first day of the session are sworn in by the Speaker.
After all are sworn, the roll is called, when, if a quorum is found to be present, the Clerk declares the House to be qualified and competent to proceed to business.
If the parties in the Assembly have determined their choice for officers, the election pro- ceeds forthwith; if not, an adjournment is had until the next day.
The election for Speaker, Clerk and Sergeant-at-Arms is required to be viva voce, and these are the only offices the Assembly can fill.
The roll is called, and each member announces audibly the name of the candidate of his choice.
The clerk announces the result, and names a committee to conduct the Speaker elect to the chair. The other elections proceed in the same manner, except that when the result is announced by the Speaker the officer elect advances to the Clerk's desk and is sworn in by the Speaker.
A committee is then appointed to wait on the Senate, and inform it that the Assembly is organized; or the Clerk is directed by resolution, to inform the Senate of the fact.
A joint committee of both Houses is then appointed to convey a like message to the Governor, and inform him that the Houses are in readiness to receive any communication from him.
The Senate and Assembly have usually assembled in joint convention in the Assembly Chamber, upon some day and hour suggested by the Governor during the first week of the session to hear his annual message, but the message has sometimes been read separately tc cach House by the clerks thereof.
The message has been read usually by the Governor himself, but sometimes by his Private Secretary, and sometimes by the Clerk of one of the Houses.
At the first opportunity after hearing the message read, the various recommendations therein contained, are referred, by resolution, to appropriate standing committees or select committees.
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In the Assembly standing committees are appointed by the Speaker at as early a day in the session as is possible. In the Senate, the committees are appointed by resolution of that body. The custom is for the party having the majority to agree upon their members of the committees, in caucus. The list is then handed to the other party, and the balance of the members are named. When thus completed, the list is offered in the Senate in the form of a resolution, that the standing committees be as therein named.
Drawing of Seats.
The drawing of seats by lot has been observed since the Assembly first took possession of the new Assembly Chamber.
The method heretofore pursued is as follows:
The members leave their seats, and take places in the open area behind their seats. The Clerk having placed in a box, slips of paper containing the names of the members respect- ively, a page or messenger draws them therefrom. The Clerk announces each name as it is drawn, and the member named selects his seat, and occupies it until the drawing is com- pleted. In the Senate the seats are usually placed in such manner as will be most agreeable to the Senators.
Compensation.
OF MEMBERS.
Each member of the legislature shall receive for his services for and during a regular session, the sum of five hundred dollars, and ten cents for every mile he shall travel in going to and returning from the place of meeting of the legislature on the most usual route. In case of an extra session of the legislature, no additional compensation shall be allowed to any member thereof, either directly or indirectly, except for mileage, to be computed at the same rate as for a regular session. No stationery, newspapers, postage or other per- quisite, except the salary and mileage above provided, shall be received from the state by any member of the legislature for his services, or in any other manner as such member .- Amendment to Art. IV, section 21, State Constitution.
The presiding officers of the senate and assembly shall issue immediately after the com- mencement of the annual session of the legislature in each year, to each member of the house over which they respectively preside, who is entitled to receive the same, a certificate countersigned by the chief clerk, showing that such member has taken the prescribed offi- cial oath, and the number of miles traveled by him in going to and returning from the place of meeting of the legislature on the most usual route, and thereupon the amount of mileage and salary to which each member is entitled shall be audited and paid out of the state treasury; but when any seat is contested, and notice of such contest has been filed, as required by section one hundred and four, no certificate shall be given, nor shall the secre- tary of state audit any account for salary or mileage to either claimant, nor either claim- ant be entitled to receive the same, until the question of the right to such seat shall have been settled. Sec. 110, R. S., 1878.
OF OFFICERS.
The speaker of the assembly shall be entitled to receive the same compensation, except mileage, allowed to other members of the legislature, for his services as speaker, in addi- tion to his pay as member, to be paid out of the state treasury; but in case of an extra ession of the legislature, no extra compensation shall be allowed. Sec. 111, R. S. 1878.
Officers of the Senate and Assembly.
LEGISLATIVE EMPLOYES, SENATE.
The officers of the senate, other than the president ex-officio and president pro tempore, shall be one Chief Clerk, one assistant clerk, one journal clerk, one book-keeper, two proof-
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readers, two copy-holders, one index clerk, one enrolling clerk, one custodian of the en- rolling room, one clerk of the judiciary committee, one clerk of the joint committee on Claims, one printing page, one sergeant-at-arms, one assistant sergeant-at-arms, one post- master, one assistant postmaster, one document clerk, one document room attendant, four door keepers, one gallery attendant who shall act as committee room attendant, two attendants, one janitor, one custodian for committee rooms, one night watchman and nine messengers.
LEGISLATIVE EMPLOYES, ASSEMBLY.
The officers of the assembly, other than the speaker, shall be one Chief Clerk, one assis- tant chief clerk, one journal clerk, one assistant journal clerk, one book-keeper, one assis- tant book keeper, two proof readers, two copy holders, one index clerk, one stationery clerk, one enrolling clerk, one custodian of the enrolling room, one clerk of the judiciary committee, one printing page, one sergeant-at-arms, one assistant sergeant-at-arms, one postmaster, one assistant postmaster. four door-keepers, two gallery attendants who shall act as committee room attendants, one general attendant for the assembly chamber who shall act as policeman, one document clerk, one document room attendant, one porter who shall act as wash-room attendant, one night watchman, two custodians for committee room and eleven messengers.
WHEN CHIEF CLERKS MAY EMPLOY AND DISCHARGE.
The Chief Clerks of the senate and assembly shall appoint their own assistants, and may discharge any of said assistants for cause or for the cessation of the work which made their employment necessary, and upon extraordinary occasions, there may be employed in each house, in addition to those named, not to exceed four general clerks.
WHEN ADDITIONAL CLERKS MAY BE EMPLOYED.
After the legislature has been in session thirty days, the chief clerks of the senate and assembly may employ two comparing clerks, one assistant index clerk, one assistant en- rolling clerk, one ruling clerk, one proof reader, and one copy holder.
EMPLOYMENT OF COPYISTS.
The Chief Clerks of the senate and assembly may also employ such copyists as the proper and expeditious transaction of the business of their departments may require.
CLERKS OF COMMITTEES.
The committees on engrossed and enrolled bills of the senate and assembly, and the committee on bills on their third reading in the assembly, shall have power to appoint a clerk, should the good of the service demand it. Additional clerks for committees may be employed upon extraordinary occasions therefor, but then only upon joint resolutions of the two houses. The messengers may be assigned for attendance upon committees when necessary.
SERGEANT-AT-ARMS.
The Sergeant-at-Arms of each house shall appoint and have full charge of the employes in his department, and shall have full authority to discharge any employes who are found unqualified and unfit for the service assigned to them, and employ competent persons in their place.
SALARY AND PER DIEM.
The Chief Clerks of the Senate and Assembly shall receive a salary of eight hundred dollars each for every regular session, and ten dollars per diem for each special session, and fifty dollars for opening each session, which shall be in full for all services rendered. The other officers and employes shall receive pay per diem as follows: The assistant clerks, journal clerks, book-keeper, assistant book-keeper and sergeant-at-arms five dol- lars each. The index clerks, proof-readers, enrolling clerks, the assistant sergeant-at-arms. postmast. rs, document-room clerks, clerk of joint committee on Claims, and clerks of Judiciary committees of each liguse four dollars each; all other committee clerks three dollars and fifty cents each ; the inessengers two dollarsjeach; all other clerks and employes three dollars oach.
COMPENSATION OF COPYISTS.
The copyists shall be paid one dollar per day from the date of their employment, and fifteen cents per folio for enrolling, and ten cents per folio for other copying, the term "folio " meaning one hundred words, full count, and only on accepted work.
WHEN COMPENSATION BEGINS.
The compensation of such clerks or employes to date from the time that they subscribe to the oath of office and enter upon the discharge of their duties, such oath of office to be filed with the secretary of state.
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CUSTOMS, PRECEDENTS AND FORMS.
NAMES OF EMPLOYES TO BE CERTIFIED TO SECRETARY OF STATE.
The Chief Clerks of the Senate and Assembly, and sergeant-at-arms of each house shall certify to the secretary of state the names of all persons employed in their respective de- partments, the capacity in which employed, and the amounts respectively due them, which certificate shall be approved by the presiding officer of the house in which they are employed.
ACCOUNTS AUDITED, TO BE PUBLISHED.
Upon such certificate the secretary of state shall draw his warrant upon the state treas- urer for the amounts therein named, and the same shall be paid out of the state treasury. At the close of each session of the legislature, the secretary of state shall publish in the official state paper a full list of the accounts so audited.
REPEAL OF CONFICTING STATUTES.
SECTION 5. All acts and parts of acts conflicting with the provisions of this act are hereby repealed, in so far as they so conflict .- Chapt. 475, Laws of 1891.
EMPLOYES TO ASSIST AT OTHER WORK WHEN REQUIRED.
Every clerk or employe in the chief clerk's or sergeant-at-arms' force, shall assist when required at any other work in the department than that to which he is regularly assigned, when the good of the service can be promoted thereby.
PER DIEM AFTEL, CLOSE OF SESSION.
No per diem shall be allowed after the close of the session, except for two days to the transcribing and index clerks, each, whose duty it shall be within that time to satisfactorily and fully complete the indexing and transcribing of the Journal, and in case such work is not so completed, a sufficient sum shall be reserved from the pay of the clerk who may make the default, to insure the completion of his work .- Chapt. 385, Laws of 1891.
Duties of Officers.
PRESIDENT AND SPEAKER .- The duties of these officers are generally defined in Senate Rules 2. . and 4, and Assembly Rule 9.
CIHT JLERKS .- Senate Rules 11 and 43, and Assembly Rules 14, 15, 16 and 17, set forth the du les of these officers. They have the care and custody of all the papers and records, and arrange in its proper order, from day to day, after its inception, all the business of the two Houses. They must, in order to have a proper knowledge of the affairs of their depart- ments, apportion, systematize and personally supervise the labor of all their subordinates, and, when not called therefrom by more important duties, should officiate in person at the reading desk. The duties of their subordinates are properly their duties, as all are per- formed under their direction, and they are responsible for any deficiencies. It is their duty to prepare and furnish to the public printer, an accurate record of each day's proceedings, and a copy of every bill, report and other thing ordered to be printed. "on the same day such orders are made;" to keep the pay accounts of employes and issue certificates of per diem to them; to deliver the messages of the one House to the other and to sign subpoenas.
It is their duty to prepare an index to the journal, at the close of the session, and to be present at the opening of the next session, and to attend to such preliminary business as may be necessary, and conduct the proceedings therein until a Speaker is elected, and per- form the duties of Clerk thereof until their successors are chosen and qualified.
'They are by law responsible for the safe keeping of all the bills and other documents in possession of the Legislature, and for the proper registry of all proceedings; and are required at the close of the session, to deposit all papars in their possession as Chief Clerks, properly classified and labeled, with the Secretary of State.
REGULATIONS IN THE DEPARTMENT OF THE CLERK.
To insure a systematic and correct performance of the duties of their departments, the Chief Clerks of the two Houses have established the following regulations:
THE ASSISTANT CLERKS .- It is their special duty:
1. To keep a record of each day's proceedings, and to correct the proof of the same when printed.
2. To officiate at the reading desk when required by the Clerk, and in case of his absence to perform his duties generally.
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3. To label and file in the appropriate places all papers presented, with proper dates and references.
4. To select each day all papers ordered to be printed, make the list thereof in a book provided for that purpose, and send them to the State Printer, taking his receipt therefor.
5. To keep a list of all absentees on leave, etc.
THE BOOK-KEEPER .- It is his special duty:
1. To keep the register of bills, resolutions, memorials, etc., showing therein, and oppo- site to each title, all action taken and proceedings had, with regard to such papers.
2. to distribute to the proper committee, or officers, all bills, petitions and other papers referred.
3. To make out all certificates of per diem and mileage, ready for the signature of the . Speaker and Clerk.
4. To prepare the message to be delivered to the other House, and when not otherwise occupied, to help the Journal Clerk in the performance of his duties.
THE ENGROSSING CLERK .- It is his special duty:
1. To engross all bills ordered to a third reading which the rules require to be engrossed, properly placing all amendments adopted prior to the order for their engrossment.
2. By the direction of the Chief or Journal Clerk to perform any necessary service apper- taining to the duties of the other deputies.
THE ENROLLING CLERK .- It is his especial duty:
To make clear, legible copies of all bills which have been concurred in, without erasures or interlineations.
THE TRANSCRIBING CLERK .- It is his special duty:
To copy the record of the proceedings of the Assembly into a book prepared for that purpose.
GENERAL REGULATIONS.
1. Each deputy when not occupied in the performance of his own special duties, is to render such assistance to the Clerk and to his associate deputies as may be in his power, or as the pressure of duties in a particular department may render necessary.
2. The deputies are expected to notify the Chief Clerk of any interference by members or others with their duties, and of all improper approaches or requests made to them by any person. They are not to exhibit to any person any bill or other document in their possession without leave of the Chief Clerk.
3. Perfect courtesy must at all times be maintained toward members, reporters, associate deputies, and all who have business to transact with the department, but interference with legislation cannot be allowed under any circumstances.
To Members, Officers, and Reporters .- It is especially requested that no member, officer or reporter will interrupt the Assistant Clerk while engaged in keeping the journal. "No journal, record, account or paper," of any kind, must be taken from the desk, unless by ex- press permission of the Clerk.
SERGEANT-AT-ARMS .- This officer is the executive officer of the house. He has charge of the Post Office and other appurtenant convenien."es of the Assembly. He controls the po- lice regulations, attends to the warming of the chambers, serves the subpoenas and war- rants of the Assembly, announces messages from the Governor and from the Senate. provides rooms for committees, receives from the Superintendent of Public Property all public documents ordered or coming in due course, and distributes the same through the Post Office, or otherwise, to members and officers entitled thereto, and keeps the pay roll of the employes in his department. He is to organize his department with such system that each of his subordinates shall know his precise duties, and he is to see that each per- forms his duty promptly, thoroughly and courteously. He is required to keep the chamber open from 8 o'clock, A. M. to 10 o'clock, P. M.
He should have the printed bills and other documents in his possession so classified and ar- ranged that he can at once answer any call upon him for them. His assistant assists him generally in the discharge of his duties, and takes his place when he is absent.
THE POSTMASTER attends to the receipt and delivery of all mail matter coming to members and officers of the Assembly. Each member has a box in the Post Office of the Assembly corresponding with the number of his seat, in which his mail matter is deposited; and the Postmaster must, by himself or assistant, be at his post from 8 o'clock A. M., until 10 o'clock P. M., and until the adjournment of the Assembly for the day. He receives and forwards all mail matter deposited in his office by members or officers, in time to be mailed from the
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Madison Post Office. He is to prominently post in the cloak and hat room (which is the members' side of the Post Office), a notice of the hours of closing the Assembly mails. He is entitled to the exclusive use of the Post Office, and no one ought to be admitted thereto except the Sergeant-at-Arms and the Speaker.
THE ASSISTANT-POSTMASTER brings the mail to and from the Madison Post Office, and as- sists the Postmaster generally in his duties.
THE DOORKEEPERS attend to the principal door; open and close it for the entry and exit of all persons; maintain order in the lobby and vestibule; see that visitors are seated, and that the regulations of the House, in their department are strictly enforced.
The assistant sergeant-at-arms, postmaster, assistant postmaster, porter, watchman, doorkeepers, and gallery, committee-room, and wash-room attendants, are appointed by the sergeant-at-arms, and are responsible to him.
The messengers are appointed by the Speaker, except those in particular attendance upon the Chief Clerk and Sergeant-at-Arms, who are appointed by said officers respectively.
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