USA > Wisconsin > The Wisconsin blue book 1893 > Part 8
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SECTION IV.
ELECTIONS.
[The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing senators. Const., 1, 4.]
[Each House shall be the judge of the elections, returns and qualifications of its own members. Const., I, 5.]
SECTION V. QUALIFICATIONS.
[The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six years; and each Senator shall have one vote.]
[Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the
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'first class shall be vacated at the end of the second year; of the second class at the expira- rtion of the fourth year, and of the third class, at the expiration of the sixth year: so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the Legislature of the State, any Executive thereof may make temporary appointments, until the next meeting of the Legislature, which shall then fill such vacancies.]
[No person shall be a Senator, who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhab- itant of that State for which he shall be chosen. Const. I, 3.]
[The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors of each State shall have the qualifica- tions requisite for electors of the most numerous branch of the State Legislature.]
[No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.]
[Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers; which shall be determined by adding to the whole number of free persons; including those bound to serv- ive for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States and within every subsequent term of ten years, in such man- ner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative. Constitution of the United States, I, 2.]
[When vacancies happen in the representation from any State the executive authority thereof shall issue writs of election to fill such vacancies. Const. U. S., Art. I, Sec. 2.]
[No Senator or Representative shall, during the time for which he was elected, be ap- pointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person, holding any office under the United States, shall be a member of either House dur- ing his continuance in office. Const. I, 6.] -
SECTION VI.
QUORUM.
[A majority of each House shall constitute a quorum to do business; but a smaller num- ber may adjourn from day to day, and may be authorized to compel the attendance of ab- sent members, in such manner and under such penalties as each House may provide. Const. I., 5.]
In general, the chair is not to be taken till a quorum for business is present; unless, after due waiting, such a quorum be despaired of, when the chair may be taken and the House adjourned. And whenever, during business, it is observed that a quorum is not present, any member may call for the House to be counted; and being found deficient, business is suspended. 2 Hats., 125, 126.
[The President having taken the chair, and a quorum being present, the journal of the preceding day shall be read, to the end that any mistakes may be corrected that shall have been made in the entries. Rules of the Senate.]
SECTION VII.
CALL OF THE HOUSE.
On a call of the House, each person rises up as he is called and answereth; the absentees are then only noted, but no excuse to be inade till the House be fully called over. Then the absentees are called a second time, and if still absent, excuses are to be heard. Ord. House of Commons, 92.
They rise that their persons may be recognized; the voice in such a crowd, being an insuffi- cient verification of their presence. But in so small a body as the Senate of the United States, the trouble of rising cannot be necessary.
Orders for calls on different days may subsist at the same time 2 Hats., 72
SECTION VIII.
ABSENCE.
[No member shall absent himself from the service of the Senate without leave of the Senate first obtained. And in case a less number than a quorum of the Senate shall con-
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vene, they are hereby authorized to send the Sergeant-at-Arms, or any other person or per- sons by them authorized, for any or all absent members, as the majority of such members present shall agree, at the expense of such absent members, respectively, unless such ex- cuse for non-attendance shall be mnade as the Senate, when a quorum is convened, shall judge sufficient; and in that case the expense shall be paid out of the contingent fund. And this rule shall apply as well to the first convention of the Senate, at the legal time of meeting, as to each day of the session, after the hour is arrived to which the Senate stood adjourned. Rule 8.]
SECTION IX.
SPEAKER.
[The Vice President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided. Constitution, I, 3.]
[The Senate shall choose their officers, and also a President pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the United States. Ib.] [The House of Representatives shall choose their Speaker and other officers. Const., I, 2.] When but one person is proposed, and no objection made, it has not been usual in Parliament to put any question to the House; but without a question the members proposing him con- duct him to the chair. But if there be objection, or another proposed, a question is put by the clerk. 2 Hats., 168. As are also questions of adjournment. 6 Grey, 406. Where the House debated and exchanged messages and answers with the King for a week, without a Speaker, till they were prorogued. They have done it devote in diem for 14 days. 1 Chand., 331, 335.
[In the Senate, a President pro tempore in the absence of the Vice President is proposed and chosen by ballot. His office is understood to be determined on the Vice President's appearing and taking the chair, or at the meeting of the Senate after the first recess.
Where the Speaker has been ill, other Speakers pro tempore have been appointed, In- stances of this are 1 H., 4. Sir John Cheyney, and for Sir Wm. Sturton, and in 15 H., 6, Sir John Tyrrell, in 1656, January 27; 1658, March 9; 1659, January 13.
Sir Job Charlton ill, Seymour chosen, 1673, Febru- ary 18.
Seymour being ill, Sir Robert Sawyer chosen, 1678, April 15.
Not merely pro tempore. 1 Chand ... 169, 276, 277.
Sawyer being ill, Seymour chosen.
Thorpe in execution, a new speaker chosen, 31 H., VI. 3 Grey, 11; and March 14, 1694, Sir- John Trevor chosen. There have been no later instances. 2 Hats., 161; 4 Inst. ; 8, L. Parl., 263.
A Speaker may be removed at the will of the House and a Speaker pro tempore ap- pointed .* 2 Grey, 186; 5 Grey, 134.
SECTION X.
ADDRESS.
[The President shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge neces- sary and expedient. Const., II, 3.]
A joint address 'of both houses of Parliament is read by the Speaker of the House of Lords. It may be attended by both Houses in a body, or by a committee from each House, or by the two Speakers only. An address of the House of Commons only may be pre- sented by the whole House, or by the Speaker, 9 Grey. 473; 1 Chandler, 298, 301; or by such particular members as are of the privy council. 2 Hats., 278.
SECTION XI. COMMITTEES.
Standing committees, as of privileges and elections, etc., are usually appointed at the first meeting, to continue through the session. The person first named is generally per- mitted to act as chairman. But this is a matter of courtesy; every committee having a right to elect their own chairman, who presides over them, puts questions, and reports their proceedings to the House. 4 Inst., 11. 12: Scob., 9; 1 Grey, 122.
At these committees the members are to speak standing, and not sitting; though there is reason to conjecture it was formerly otherwise. D'Ewes, 630, col. 1; 4 Parl. Hist., 440; 8
'RULE 23. The Vice President or President of the Senate pro tempore, shall have the right to name a member to per- " rn the duties of the chair; but such substitution shall not extend beyond an amendment.
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Their proceedings are not to be published, as they are of no force till confirmed by the House. Rushw., part 3, vol. 2, 74; 3 Grey, 401; Scob., 39. Nor can they receive a petition but through the House. 9 Grey, 412.
When a committee is charged with an inquiry, if a member prove to be involved, they cannot proceed against him, but must make a special report to the House; whereupon the member is heard in his place, or at the bar, or a special authority is given to the committee to inquire concerning him. 9 Grey, 523.
So soon as the House sits, and a committee is notified of it, the chairman is in duty bound to rise instantly, and the members to attend the service of the House. 2 Nals., 319.
It appears that on joint committees of the Lords and Commons, each committee acted integrally in the following instances: 7 Grey, 261, 278, 285, 338; 1 Chandler, 357, 462. In the following instances it does not appear whether they did or not: 6 Grey, 129; 7 Grey, 213, 229, 321.
SECTION XII. COMMITTEE OF THE WHOLE.
The speech, message, and other matters of great concernment, are usually referred to a committee of the whole House (6 Grey, 311), where general principles are digested in the form of resolutions, which are debated and amended till they get into a shape which meets the approbation of a majority. These being reported and confirmed by the House, are then referred to one or more select committees, according as the subject divides itself into one or more bills. Scob., 36, 44. Propositions for any charge on the people are especially to be first made in a committee of the whole. 3 Hats., 127. The sense of the whole is better taken in committee, because in all committees every one speaks as often as he pleases. Scob., 49. They generally acquiesce in the chairman named by the Speaker; but, as well as all other committees, have a right to elect one, some member, by consent, putting the ques- tion. Scob., 36; 3 Grey, 301. The form of going from the House into committee, is for the Speaker, on motion, to put the question that the House do now resolve itself into a committee of the Whole, to take into consideration such a matter, naming it. If determined in the affirmative he leaves the chair and takes a seat elsewhere, as any other member; and the person appointed chairman seats himself at the clerk's table. Scob., 36. Their quorum is the same as that of the House, and if a defect happens, the chairman, on a motion and question, rises, the Speaker resumes the chair, and the chairman can make no other report than to inform the House of the cause of their dissolution. If a message is announced during a committee, the Speaker takes the chair, and receives it, because the committee cannot. 2 Hats., 125, 126.
In a Committee of the Whole, the tellers on a division, differing as to numbers, great heats and confusion arose, and danger of a decision by the sword. The Speaker took the chair, the mace was forcibly laid on the table; whereupon the members retiring to their places, the Speaker told the House "he had taken the chair without an order to bring the House into order." Some excepted against it but it was generally approved, as the only expedient to suppress the disorder. And every member was required, standing up in his place, to engage that he would proceed no further, in consequence of what had happened in the grand committee, which was done. 3 Grey, 128.
A Committee of the Whole being broken up in disorder, and the chair resumed by the Speaker without an order, the House was adjourned. The next day the committee was considered as thereby dissolved, and the subject again before the House; and it was decided in the House without returning into the committee. 3 Grey, 130.
No previous question can be put in a committee, nor can this committee adjourn as others may; but if their business is unfinished, they rise, on a question, the House is resumed, and the chairman reports that the Committee of the Whole have, according to order, had under their consideration such a matter, and have made progress therein; but not having had time to go through the same, have directed him to ask leave to sit again. Whereupon a question is put upon their having leave, and on the time the House will again resolve itself into a committee. Scob., 38. But if they have gone through the matter referred to them, a member moves that the committee may rise, and the chairman report their proceed- ings to the House; which being resolved, the chairman rises, the speaker resumes the chair, the chairman informs him that the committee have gone through the business referred to them, and that he is ready to make report when the House shall think proper to receive it. If the House have time to receive it, there is usually a cry of "Now, now," whereupon he makes the report; but if it be late, the cry is, "To-morrow, to-morrow," or "Monday," etc .; or a motion is made to that effect, and a question put, that it be received to-morrow, etc. Scob., 38.
In other things the rules of proceedings are to be the same as in the House. Scob., 39.
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SECTION XIII.
EXAMINATION OF WITNESSES.
Common fame is a good ground for the house to proceed by inquiry, and even to accusa- tion. Resolution House of Commons, 1 Car., 1, 1624; Rush., L. Parl., 115; 1 Grey, 16-22, 92; Grey, 21, 23, 27, 45.
Witnesses are not to be produced but where the House has previously instituted an inquiry (2 Hats .. 102), nor then are orders for their attendance given blank. 3 Grey, 51.
When any person is examined before a committee, or at the bar of the House, any mem- ber wishing to ask the person a question, must address it to the Speaker or chairman, who repeats the question to the person, or says to him, "you hear the question .- answer it." But if the propriety of the question be objected to, the Speaker directs the witness. counsel and parties to withdraw, for no question can be moved or put, or debated, while they are there. 2 Hats., 108. Sometimes the questions are previously settled in writing before the witness enters. Ib., 106, 107; 8 Grey, 64. The question asked must be entered in the jour- nals. 3 Grey, 81. But the testimony given in answer before the House is never written down; but before a committee it must be. for the information of the House, who are not present to hear it. 7 Grey, 52, 334.
If either House have occasion for the presence of a person in custody of the other. they ask the other their leave that he may be brought up to them in custody. 3 Hats., 52.
A Member, in his place, gives information to the House of what he knows of any matter under hearing at the bar. Jour. H. of C., Jan. 22, 1741-'45.
Either House may request, but not demand, the attendance of a member of the other. They are to make the request by message to the other House, and to express clearly the purpose of attendance, that no improper subject of examination may be tendered to him. The House then gives leave to the member to attend, if he chooses it; waiting first to know from the Member himself whether he chooses to attend, till which they do not take the message into consideration. But when the Peers are sitting as a court of criminal judica- ture, they may order attendance, unless where it be a case of impeachment by the Com- mons. There, it is to be a request. 3 Hats., 17; 9 Grey, 306, 406; 10 Grey, 133.
Counsel are to be heard only on private, not on public bills, and on such points of law only as the House shall direct. 10 Grey, 61.
SECTION XIV.
ARRANGEMENT OF BUSINESS.
The Speaker is not precisely bound to any rules as to what bills or other matter shall be first taken up; but is left to his own discretion, unless the House on the question decide to take up a particular subject. Hakew., 136.
A settled order of business is, however, necessary for the government of the presiding person, and to restrain individual members from calling up favorite measures, or matters under their special patronage, out of their just turn. It is useful also for directing the dis- cretion of the House, when they are moved to take up a particular matter, to the prej- udice of the others having priority of right to their attention in the general order of business.
[In Senate, the bills and other papers which are in possession of the House, and in a state to be acted on, are arranged every morning, and brought on in the following order:]
[1. Bills ready for a second reading are read, that they may be referred to committees and so he put under way. But if, on their being read, no motion is made for commitment, they are then laid on the table in the general file, to be taken up in their just turn.]
[2. After 12 o'clock, bills ready for it are put on their passage.]
[3. Reports in possession of the House, which offer grounds for a bill, are to be taken up, that the bill may be ordered in.]
[4. Bills or other matters before the House, and unfinished on the preceding day, whether taken up in turn or on special order, are entitled to be resumed and passed on through their present stage.]
[5. These matters being dispatched, for preparing and expediting business, the general file of bills and other papers is then taken up. and each article of it is brought on according to its seniority, reckoned by the date of its first introduction to the House. Reports on bills belong to the dates of their bill.]
[The arrangement of the business of the Senate is now as follows:]
[] Motions previously submitted.]
[2. Reports of Committees previously made.]
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[3. Bills from the House of Representatives, and those introduced on leave, which have been read the first time, are read the second time; and if not referred to a committee, are considered in Committee of the Whole, and proceeded with as in other cases.]
[4. After twelve o'clock, engrossed bills of the Senate, and bills of the House of Repre- sentatives, on third reading are put on their passage.]
[5. If the above are finished before one o'clock, the general file of bills, consisting of those reported from committees on the second reading, and those reported from committees after having been referred, are taken up in the order in which they were reported to the Senate by the respective committees.]
[6. At one o'clock, if no business be pending, or if no motion be called to proceed to other business, the special orders are called, at the head of which stands the unfinished business of the preceding day.]
[In this way we do not waste our time in debating what shall be taken up. We do one thing at a time; follow up a subject while it is fresh, and till it is done with, clear the House of business gradatim as it is brought on, and prevent, to a certain degree. its immense accu- mulation towards the close of the session.]
[Arrangements, however, can only take hold of matters in possession of the House. New matter may be moved at any time when no question is before the House. Such are origi- nal motions and reports on bills. Such are bills from the other House, which are received at all times, and receive their first reading as soon as the question then before the House is disposed of; and bills brought in on leave, which are read first whenever presented. So messages from the other House respecting amendments to bills are taken up as soon as the House is clear of a question, unless they require to be printed for better consideration. Orders of the day may be called for even when another question is before the House.
SECTION XV.
ORDER.
[Each House may determine the rules of its proceedings; punish its members for disor- derly behavior; and, with the concurrence of two-thirds, expel a member. Const., 1, 5.]
In Parliament, "Instances make order," per Speaker Onslow. 2 Hats., 141. But what is done only by one Parliament, cannot be called custom of Parliament; by Prynne. 1 Grey, 52.
SECTION XVI.
ORDER RESPECTING PAPERS.
The Clerk is to let no journals, records, accounts or papers, be taken from the table or out of his custody. 2 Hats., 193, 194.
Mr. Prynne having at a Committee of the Whole amended a mistake in a bill without order or knowledge of the committee, was reprimanded. 1 Chand., 77.
A bill being missing, the House resolved that a protestation should be made and sub- scribed by the members " before Almighty God and this honorable House, that neither my- self nor any other to my knowledge have taken away, or do at this present conceal a bill entitled," etc. 5 Grey, 202.
After a bill is engrossed, it is put into the Speaker's hands, and he is not to let any one have it to look into. Town., col. 200.
SECTION XVII.
ORDER IN DEBATE.
When the Speaker is seated in his chair, every member is to sit in his place. Scob., 6; 3 Grey, 403.
When any member means to speak, he is to stand up in his place, uncovered, and to ad- dress himself, not to the House, or any particular member, but to the Speaker, who calls him by his name, that the House may take notice who it is that speaks. Scob., 6; D'Ewes, 487, col. 1; 2 Hats., 77; 4 Grey, 66; 8 Grey, 108. But members who are indisposed may be in- dulged to speak sitting. 2 Hats., 75; 1 Grey, 143.
[In Senate, every member, when he speaks, shall address the chair, standing in his place, and when he has finished, shall sit down. Rule 3.]
When a member stands up to speak, no question is to be put. but he is to be heard unless the House overrules him. 4 Grey, 390; 5 Grey, 6, 143.
If two or more rise to speak nearly together, the Speaker determines who was first up. and calls him by name; whereupon he proceeds, unless he voluntarily sits down and gives way to the other. But sometimes the House does not acquiesce in the Speaker's decision.
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in which case the question is put, "Which member was first up?" 2 Hats., 76; Scob., 7; D'Ewes, 434, col. 1, 2.
[In the Senate of the United States, the President's decision is without appeal. Their rule is in these words: When two members rise at the same time the President shall name the person to speak; but in all cases the member who shall first rise and address the Chair shall speak first. Rule 5.]
No man may speak more than once on the same bill on the same day; or even on another day, if the debate be adjourned. But if it be read more than once in the same day, he may speak once at every reading. Co., 12, 115; Hakew., 148; Scob., 58; 2 Hats., 75. Even a change of opinion does not give a right to be heard a second time. Smyth's Conur., L. 2. c. 3; Arcan Parl., 17.
[The corresponding rule of the Senate is in these words: No member shall speak more than twice, in any one debate on the same day, without leave of the Senate. Rule 4.]
But he may be permitted to speak again to a clear matter of fact (3 Grey, 357, 416); or merely to explain himself (2 Hats., 73) in some material part of his speech (Ib., 75); or to the manner of words of the question, keeping himself to that only, and not traveling into the merits of it (Memorials in Hakew., 29), or to the orders of the House, if they be trans- gressed, keeping within that line, and not falling into the matter itself. Memorials Hakew., 30, 31.
But if the Speaker rise to speak, the member standing up ought to sit down, that he may be first heard. Town. col., 205; Hale Parl., 133; Mem. in Hakew., 30, 31. Nevertheless, though the Speaker may of right speak to matters of order, and be first heard, he is re- strained from speaking on any other subject, except where the House have occasion for facts within liis knowledge; then he may, with their leave, state the matter of fact. 3 Grey, 38.
No one is to speak impertinently or beside the question, superfluously or tediously. Scob., 31, 33; 2 Hats., 166, 168; Hale Parl., 133.
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