USA > Wisconsin > The Wisconsin blue book 1893 > Part 15
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DUTIES OF MESSENGERS.
1. To be in attendance from 8 o'clock A. M., until 10 o'clock P. M., every day (Sunday ex- cepted), whether the Assembly is in session or not.
2. To receive the journals and printed bills from the Sergeant-at-Arms, and arrange them in order on the file of each member.
3. Not to leave the Assembly Chamber during the morning hour, or absent themselves from the session of the Assembly during an entire day, except upon leave of the Speaker, Clerk or Sergeant-at-Arms.
4. During the morning hour to take the positions assigned to them by the Clerk, and, standing up, so as to see and be seen, hold themselves in readiness to bring all bills, resolu- tions, etc., from the several members to the Clerk, when presented.
5. After the expiration of the morning hour, when not engaged in filing bills, etc., for the members they have in charge, to answer promptly any call, and render assistance to any member requiring it.
6. To refrain from throwing any paper balls. darts, or other missiles; to move lightly across the Assembly Chamber, and demean themselves respectfully towards every member and officer of the Assembly.
Stationery.
The superintendent of public property shall furnish at the opening of every session of the legislature stationery as follows: To the lieutenant governor such quantity as shall be necessary to the discharge of his duties, not exceeding thirty dollars in value. Also suffi- cient stationery for the proper transaction of the business of the Senate and Assembly, to be delivered to the chief clerks upon their written request, specifying the quantity and kind of stationery required, and the department and purpose for which the same is drawn. Chap. 153, Laws 1882.
Post-Office Arrangements.
The Assembly post-office is in charge of a postmaster appointed by the Sergeant-at-Arms. Each member has a separate box; and all mail matter deposited with the postmaster is sent to the Madison post-office by the post-office messenger, at regular hours, corresponding with the hours of closing the mails at the Madison office.
Process of Passing Bills.
Some diversity of practice exists herein, but the ordinary method in the Assembly is as follows:
A member having prepared a bill and indorsed the title thereof, together with his name, upon the back of it, rises to his feet, at such times as the introduction of bills is in order, and says:
" Mr. Speaker :
If recognized the Speaker responds :
"The gentleman from
The member announces :
" I ask leave to introduce a bill."
The bill is then sent to the Chief Clerk by a Messenger. The Clerk then reads the title of the bill, and the Speaker announces :
" First reading of the bill."
WISCONSIN BLUE BOOK.
If it is a bill appropriating money, the Clerk reads the bill at length; if not, by its title only; when the Speaker announces :
"Second reading of the bill."
And refers the same to some standing committee, suggested by the member, or, if desired, to a select committee; or to the general file, or, as is usual, the Speaker, of his own motion, makes the reference to such committee as seems to him appropriate.
The bill is, in due course, reported back to the Assembly by the committee, when it is placed in what is called the General File.
Bills in the General File are considered in Committee of the Whole in the exact order in which they are placed upon the file. Proceedings in Committee of the Whole will be else- where considered.
After a Committee of the Whole has completed its action upon any bill, and reported the same back to the Assembly, and any recommendation made by the committee passed upon, it is taken up in its order, when the Speaker puts the following question :
" Shall this bill be engrossed and read a third time? "
If decided affirmatively, the bill is sent by the Chief Clerk to the Engrossing Clerk for engrossment. Upon its return engrossed, the original and engrossed bills are placed in the hands of the Committee on Engrossed Bills, who compare them and correct any errors which they may find. When found correct, or made so, the Committee report them to the House as correctly engrossed, when the original is filed by the Chief Clerk, and the engrossed bill goes into the order of " bills ready for a third reading."
When, under the order of business, the bill is reached, the bill (unless it appropriates money) is read by its title, when the Speaker says as follows :
" This bill having been read three several times, the question is, shall the bill pass?"
If the bill passes it is taken to the Senate, with a message announcing its passage by the Assembly, and asking the concurrence of the Senate therein.
Going through with a similar process in the Senate, it is returned with a message an- nouncing the action there had upon it.
If the Senate concurs, the bill is sent to the Enrolling Clerk, who makes a copy thereof, as is elsewhere described. When enrolled it goes to the Committee on Enrolled Bills, who compare it with the engrossed bill; when found or made correct, they report the bill to the Assembly as correctly enrolled; the engrossed bill is filed by the Chief Clerk; the enrolled bill is then indorsed by the Chief Clerk as having originated in the Assembly (for the in- formation of the Governor in case he vetoes it); then it is signed by the Speaker, and sent by the Chief Clerk to the President of the Senate, desiring the signature of the President of the Senate thereto. The Committee on Enrolled Bills of the two Houses, acting jointly, then present the bill, duly signed, to the Governor, for his approval, and report that fact to the House. The Governor, if he approves the bill, informs the House in which it origi- nated, of the fact, and that he has deposited it with the Secretary of State.
This is the ordinary process of a bill through all its stages until it becomes a law. A bill of great interest or importance, or one which is warmly contested, may, by reason of nia- jority and minority reports, special orders, recommitment, amendments, substitutes, com- mittees of conference, and various other parliamentary appliances, pass through a vast variety of stages not before enumerated.
Senate bills coming into the Assembly, after passing the Senate, are read twice by title (unless they appropriate money, when they must be read at length) and then referred to the appropriate committee.
After consideration in Committee of the Whole, the recommendation of the Committee is acted upon in the Assembly -the question being after recommendations are disposed of. " Shall this bill be ordered to a third reading?"
If it is decided affirmatively, the bill passes into the order of " bills on third reading," and when reached in that order the question is,
" Shall this bill be concurred in? "
If concurred in, the bill is returned to the Senate, with the message informing it of that fact.
If it is desired to hasten the passage of the bill, it is done by motion as follows:
" I move to suspend all rules which will interfere with the immediate passage of bill No. - -, Assembly, entitled ' a bill to -. '"
If this motion prevails, which requires an affirmative vote of two-thirds of the members present, the question will be put on the passage of the bill, and if passed it will go at once to the Senate.
5BB
THE MILWAUKEE LITHO.&ENGR. Co.
STATE NORMAL SCHOOL, WHITE WATER, WIS .
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CUSTOMS, PRECEDENTS AND FORMS.
Committee of the Whole .*
The Committee of the Whole is an expedient to simplify the business of legislative bodies. No record is made of its proceedings, and it has no officers except of its own crea- tion, for temporary purposes. It is liable to instant dissolution, in case of disorder, when the Speaker takes the Chair to suppress it, in case of lack of quorum, when the Speaker takes the Chair for a Call of the House or an adjournment, and in case of a message from the Senate or Governor, when the Speaker takes the chair to receive it.
The Assembly may resolve itself into a Committee of the Whole, on some particular bill, resolution or subject, or it may go into Committee of the Whole upon the general file of bills. In the first case the motion is,
" That the Assembly do now resolve itself into a Committee of the Whole upon [bill No. -, A., a bill -] or [joint resolution No. - , A., providing, etc.] or [upon all bills relating to
- as the case may be."]
In the second case it is,
" That the Assembly do now resolve itself into a Committee of the Whole upon the gen- eral file of bills."
Bills, resolutions and general matters which have been once considered in Committee of the Whole, in which progress has been made and leave granted for further consideration, have the preference. The motion of the Committee of the Whole for their further consid- eration, must be made under the head of " bills in which the Committee of the Whole have made progress and obtained leave to sit again;" and in which case the member who pre- sided when the same matter was previously considered in Committee of the Whole, resumes the chair, unless the Speaker names a different member.
The motion of the Committee of the Whole upon the general file must be made under the order of " bills not yet considered in Committee of the Whole."
When the Assembly resolves itself into Committee of the Whole, the Speaker selects a Chairman, as follows:
" The gentleman from -, Mr. , will take the Chair."
The appointed Chairman advances to the Speaker's desk, and having taken the Chair, receives from the Clerk the papers indicated by the motion for the committee when the Chairman announces:
" GENTLEMEN: - The committee have under consideration, bill No. - , entitled -, (read- ing the title from the back of the bill. Or in case of consideration of the general file,) the committee have under consideration the general file of bills; the first in order is bill No. - , entitled - -.
" The first section is as follows:"
The Chairman then reads the first section, and asks-
" Are there any amendments proposed to the first section?"
If none are offered, the Chairman says:
"No amendments being offered to the first section, the second section will be read."
This process is continued through the whole bill, when at the close of the reading the Chairman says:
" The -th section and the whole bill have now been read, and are open to amendment."
At this point, after the friends of the bill have perfected it, it is customary for the oppo- nents of the bill to open their attack.
After the discussion of the bill to such an extent as may be desired, if no amendments are made, the final vote is generally upon a motion -
"That the bill be reported back to the House without amendment."
If any other bills are before the committee, they are proceeded with in the same manner. If it is desired to have a further consideration of any matter before the committee, or if the general file has not been gone through with, the motion is,
"That the committee rise, report progress, and ask leave to sit again."
If the committee has completed its duties, the motion is,
"That the committee rise and report."
Which being analagous to a motion to. adjourn, is not debatable. The Chairman states the matter as follows:
" It is moved that the committee do now rise and report [or otherwise as the case may be.]
"Is the committee ready for the question?
"GENTLEMEN: - Those who are of opinion that this committee do now rise and report (or as the case may be), say aye; those of contrary opinion, say no."
* The Senate does no business in Committee of the Whole.
6
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WISCONSIN BLUE BOOK.
In case of doubt, a division must be had, as the ayes and noes cannot be called in Com- mittee of the Whole.
When the committee rises, the Speaker resumes his seat, and the Chairman, in his place on the floor, reports as follows:
"Mr. Speaker."
The Speaker answers -
" Mr. Chairman."
" Who reports -
"The Committee of the Whole have had under consideration bill No. - , A., entitled and have instructed me to report the same to the House with amendment," [or as the case may be.]
When the general file has been under consideration, the report is as follows:
"The Committee of the Whole have had under consideration the general file of bills, have gone through the same, and have directed me to report to the House the bills contained therein, with sundry amendments and recommendations, as follows, to wit:" [Here follows the title of bills considered, with action taken upon them.]
In case the file has been left unfinished, the report is -
" The Committee of the Whole have had under consideration the general file of bills, and have made some progress therein. I am directed to report back the following bills, with the amendments and recommendations hereinafter specified, and ask leave for the commit- tee to sit again. [Here follows the report of amendments, etc., as above.]
On the latter report the question is-
"Shall leave be granted?"
When, upon a count, it is ascertained that a quorum is not present, the report is -
"The Committee of the Whole have had under consideration - -, and after some pro- gress therein, find there is no quorum present; that fact I herewith report to you."
In the case of confusion or disorder, the Speaker, of his own accord resumes the Chair temporarily and without any formality, for the purpose of suppressing it. When order is restored, the Chairman resumes the Chair and the business proceeds.
Upon the coming in of a report, the recommendations are at once acted on by the Assembly.
When, in Committee of the Whole, any member desires to offer an amendment, it must be reduced to writing and sent to the Chairman, who reads it, and asks -
"Is the committee ready for the question upon the amendment?"
And if no further amendment or debate, he puts the question in the usual manner.
After a section is once passed, with an unsuccessful effort to amend it, no further amend- ments are in order. The strictness of this rule, is, however, not always adhered to - an amendment once made, may, however, be reconsidered. Such a motion is -
" That the amendment offered by the gentleman from -, to the -th section, be recon- sidered; "
And is stated as follows:
" The gentleman from -- , moves that the amendment offered by the gentleman from -, to the -th section be reconsidered."
"Is the Committee ready for the question?
" Those who are of the opinion that said amendmet be reconsidered, say aye; those of a contrary opinion, say no."
In case the amendment is reconsidered, the Chairman, says:
"The motion is carried. The amendment is reconsidered. The question now recurs upon the adoption of the amendment. Is the Committee ready for the question, " etc. ?
Forms.
OF TITLES:
No. - , a bill to
Amending bill : A bill relating to , and amendatory of section -, of chapter - of the
[See Joint Rule 12.]
Repealing bill :
A bill to repeal section -, of chapter of the - relating to statutes or gen- eral laws, designating the same, and also the subject, object or purpose of the section of the chapter repealed; and in the body of every bill, the full title of the act repealed, shall ba recited at length. [See Joint Rule 13.] Appropriation Bill :
" To appropriate to -, the sum of ---- dollars."
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CUSTOMS, PRECEDENTS AND FORMS.
Titles should be written inside the bill, and indorsed upon the outside, as follows :
No. - , A., A bill to regulate the license to be paid by railroad companies.
MR. GORDON.
RESOLUTIONS should not be entitled, but should have the name of the mover indorsed upon them. The same rule applies to amendments.
Resolutions are of no special form; the following may serve as a general guide in such matters.
Res. No. - , A.
Resolved, That three thousand copies of the Governor's message be furnished by the pub- lic printer to the Sergeant-at-Arms, for the use of the Assembly. " MR. TUCKER."
FOR REPORTS the following form is used :"
" The Committee on -, to whom was referred bill No. - A., a bill to -, respect- fully report the same back to the House with an amendment; and recommend its pas- sage when so amended," or,
" and recommend that it do pass," or
" and recommend that it be indefinitely postponed;" or,
" and recommend that it be referred to the delegation from -," or,
" to a select committee."
Or, if the committee report by bill : . "The committee on -, to whom was referred , respectfully report by bill No. - , A., a bill to -:
" And recommend its passage."
AN ENACTING CLAUSE must precede the body of the bill -t
It must invariably be in the following form :
The people of the state of Wisconsin, represented in Senate and Assembly, do enact as follows : - Const., Art. IV., Sec. 17.
Investigations.
When an investigation is required into any matter, the person most interested in having the inquiry made, should move the appointment of a committee to take the subject in charge. This is done by resolution. The resolution should be so drawn as to state the pre- cise subject to be investigated, and to give the committee all the power which the mover may deem necessary for a thorough examination into the subject matter to be laid before them; this should be done to prevent any misapprehension as to the intention and extent of the inquiry to be made. In case of the adoption of the resolution, the mover, together with other members, will be appointed a committee. They have power to send for persons and papers. The form of a subpoena is as follows :
" THE STATE OF WISCONSIN, " To : You are hereby commanded, that, laying aside all business and excuse, you personally appear and attend before Messrs. on the part of the Senate, and Messrs. -, on the part of the Assembly, a joint committee appointed under a resolution of the Senate and Assembly, to investigate - at the room of said committee -. in the city of Madison, the capital of the State, on the - day of -, A. D. one thousand, eight hundred and -, at the hour of in the - noon, then and there, and from time to time, as required by said committee, to testify and give evi- dence upon the matters of inquiry before said committee.
" Hereof fail not, under penalty in such case made and provided.
" Given at the Assembly Chamber, in the city of Madison aforesaid, this - day of A. D. 18-
Speaker of the Assembly.
" Attest : , Chief Clerk of the Assembly.
. It is important that the titles of bills should be the same on the outside and inside of the bill, as the bill appears on the books of the clerk by the indorsement, and is printed from the inside title and text
+ Section 17, Article IV, Constitution of Wisconsin provides that legislation shall be by bill, and the enacting clause is necessary to the constitutionality of the law.
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WISCONSIN BLUE BOOK.
In case of a refusal to appear, or a refusal to testify, the following form of certificate may be used :
" To Hon. - Speaker of the Assembly :
chairman of the joint committee appointed to investigate -- , do "I, - -
hereby certify that - has been duly subpoenaed to appear before said committee, as will fully appear by the writ served, and affidavit of service accompanying the same, on file with the Chief Clerk of the Assembly.
" I further certify that said - has failed to appear before said committee, accord- ing to the exigency or mandate of said writ or subpoena.
" Dated Madison, -, 18-, at - o'clock.
Upon which a warrant in the following form may be used :
" The State of Wisconsin to the Sergeant-at-Arms of the Assembly: -, commanding him to per-
" It appearing that a writ of subpoena, directed to sonally appear and attend before Messrs. on the part of the Senate, and Messrs. on the part of the Assembly, a joint committee appointed under a resolution of the Senate and Assembly, to investigate -, at the room of said committee, in
the city of Madison, the capital of the State, the - day of , A. D. 18-, at the hour
of- - in the - noon, then and there, and from time to time, as required by said com- mittee, to testify and give evidence upon the matter of inquiry before said committee, has been issued, and that the said writ of subpoena was duly personally served upon the said on the - - day of , A. D. 18-, and returned as provided in section one of an act entitled ' an act concerning evidence and witnesses,' approved February 3, 1857; and it further appearing by the certificate of the chairman of the said joint committee, that the said - - has failed or neglected to appear before the said committee in obedience to the mandate of the said subpoena; therefore, you are hereby commanded, in the name of the State of Wisconsin, to take the body of him, the said - , and bring him before the Assembly, so that he may testify and give evidence before the said commit- tee, and answer for his contempt of the Assembly in not obeying the mandate of said subpoena. Hereof fail not.
"Given at the Assembly Chamber, in the city of Madison aforesaid, this - day of
, A. D. 18 -.
66 Chief Clerk of the Assembly." .6 , Speaker of the Assembly.
To which the return, in ordinary cases, would be:
"By virtue of the within process, I did, on the - day of -, 18-, arrest the body of
, and took him before the committee within named, and the said - having refused to answer interrogatories propounded by said committee, I have him, by direction of said committee, now before the Assembly.
" Assembly Chamber, 66 , 18 -. Sergeant-at-Arms of the Assembly."
A resolution, declaring the defaulter to be in contempt, is the next proceeding. The following form for such resolution was used at the session of 1858.
" Resolved, That the neglect or failure of , to appear before the joint investigat- ing committee, composed of Messrs. -, of the Senate, and Messrs. - , of the Assembly, in compliance with the mandate of the writ of subpoena of this Assembly, served upon him on the - instant, as fully appears by the said writ and the affidavit of the service thereof indorsed thereon, now on file with the Chief Clerk of this House, be and the said neglect and failure is hereby declared a contempt of this House."
This is followed by an interrogatory, as follows:
"Int. 1 .- Why did you not appear before the joint investigating committee, as required by the mandate of the subpoena served upon you the - inst?" To which the defaulter pleads before judgment is inflicted.
Another form is as follows:
" Resolved, That the refusal of - to answer the questions put to him by a member of the joint investigating committee, on the - instant, and which questions were certified to the House by -, Chairman of said committee; and are now in writing, on file with the Chief Clerk of the House, be, and the same is hereby declared a contempt of this House."
Followed by the corresponding interrogatory:
" Why did you not answer the question put or propounded to you on the - instant, by a member of the joint investigating committee, of which - is Chairman? "
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CUSTOMS, PRECEDENTS AND FORMS.
In case the answer is satisfactory, the offender is discharged; if otherwise, he is punished by reprimand, fine or imprisonment, or both; but such imprisonment can not extend be- yond the session of the Legislature.
The report of a Committee on Investigation should consist of three parts:
1. The testimony taken;
2. A statement of the facts proven thereby, or conclusions derived therefrom;
3. Resolutions, or a bill providing for the action which the committee deem proper to be taken in the premises.
Quorums.
Whole number electable.
" Not less than fifty-four nor more than one hundred" Const., Art. IV., Sec. 2.
" One from each Assembly District." Chapter 313, Laws 1876 - (which provides for one hundred Assembly Districts).
To expel a member - 67.
" Two-thirds of all the members elected." Const., Art. IV., Sec. 8.
To do any business except to adjourn from day to day, and to compel the attendance of absent members - 51.
" A majority." Const., Art. IV., Sec. 7.
To cause the ayes and nays on any question to be entered on the journal -
" One-sixth of those present." Const., Art. IV., Sec. 20.
(See table on next page.)
To pass any bill which imposes, continues or renews a tax, or creates a debt or charge, or makes, continues or renews any appropriation of public trust money, or releases, dis- charges or commutes a claim or demand from the State -
" A majority of three-fifths."-(31), three-fifths (60), being present. Const., Art. VIII., Sec. 8.
To adjourn from day to day -
" A smaller number " (than a majority). Const., Art. IV., Sec. 7.
To compel the attendance of absent members -
"A smaller number " (than a majority). Const., Art. IV., Sec. 7. To agree to an amendment of the Constitution -51.
" A majority of the members elected." Const., Art. XII., Sec. 1. To recommend a Constitutional Convention -
"A majority " (present). Const., Art. XII., Sec. 2. (See table on next page.) .
To contract a public debt- 51 affirmative votes. " A majority of all the members elected." Const., Art. VIII., Sec. 6. To pass any bill, resolution or motion -
" A majority " (at least 26), of a quorum of 51, (See table on next page.)
To make a call of the House - 15. "Fifteen members." Rule 66, A.
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