*Decisions of the Senate on Points of Order.

ADJOURNMENT

"From day to day" by less than a quorum means from day to day as fixed by the orders.

The Senate having fixed an order for sessions on Tuesdays and Fridays only, on a motion to adjourn, less than a quorum voting, Mr. Gordon submitted the point of order that under the Constitution it was only competent for less than a quorum to adjourn from day to day. The President decided that the phrase "from day to day" signified from day to day as fixed in the regular order of the Senate. Whereupon, the President decided the resolution carried, and adjourned the Senate until Friday morning next, at eleven o'clock. [Senate Journal, extra session, 1883, p. 157.]

When it begins.

ADJOURNMENT, DAY OF FINAL:

After midnight of the session which began at eight, P. M., June 11, the day for final adjournment having been fixed for twelve, M., on June 12, the report of a committee of conference was made, when Mr. Kennedy submitted the point of order that the report could not be acted upon at this time, as its consideration is prohibited by joint rule eight, which provides that "no bill, resolution, or order, to which the signature of the Governor may be required, shall be passed by either House on the day of the final adjournment; and all such bills, resolutions, and orders, after they have been duly transcribed and compared, shall be presented to the Governor for his signature, by the proper committee, before eight o'clock on the morning of the day of the final adjournment." Mr. Reyburn (acting President pro tempore) decided the point of order not well taken. [Senate Journal, 1885, p. 1189.]

AMENDMENTS:

To House amendments, when not in order.

Not in order to amend amendments made by the House of Representatives, to amendments made by Senate, to a bill from the House of Representatives. [Senate Journal, 1844, pp. 935–6.]

Amendments made by the House of Representatives (consisting of two new sections) to amendments made by the Senate, to a bill from

•These decisions are published as found in the Journals of the Senate. Their correctness as rulings is left to the judgment of the reader.

AMENDMENTS-Continued :

the House of Representatives, having been concurred in by the Senate, a motion was made to amend those amendments by adding a new section. The Speaker decided the motion to be not in order. From which an appeal was taken, and the decision sustained by the Senate. [Senate Journal, 1850, p. 549.]

In order to title, when concurring in House amendments.

The Speaker decided that, in concurring in amendments made by the House of Representatives, it was in order for the Senate to amend the title to correspond with the amendments made by the House of Representatives. [Senate Journal, 1861. p. 254.]

Made on second cannot be stricken out on third reading.

The Speaker decided that it was not in order to go into Committee of the Whole (the bill being on third reading) for the purpose of striking out the amendment that had been inserted on second reading. [Senate Journal, 1861, p. 547.]

The Speaker submitted to the Senate, for decision, the question, whether it is in order to move, when a bill is on third reading, to strike out an amendment inserted by the Senate on the second reading of the same? The Senate decided in the negative. [Senate Journal, 1874, p. 692.]

Negatived on second reading can be inserted in Committee of the Whole on third reading.

The point of order was raised, that an amendment, proposed to be inserted in Committee of the Whole, having been proposed and negatived on second reading, could not be offered. The Speaker decided the point of order not well taken. [Senate Journal, 1874, p. 179.]

Not germane to resolution, out of order.

The President decided it out of order to amend a resolution to print the report of the Pennsylvania State College, by adding a provision for the appointment of a committee to investigate its accounts. [Senate Journal, 1875, p. 202.]

Cannot be made to bills that will change original purpose.

The President pro tem. decided that the bill was so amended as to repeal the whole act of 1868, and then to extend it to the whole State, and was so altered in its passage as to be changed from its original, and therefore is unconstitutional. [Senate Journal, 1879, p. 389.]

AMENDMENTS-Continued:

Can be made to resolution regulating Senate business.

A resolution fixing an afternoon session for certain business pending, an amendment was offered fixing a session at a different time, on which the President ruled that the purpose of both the resolution and the proposed amendment being to regulate the business of the Senate, the amendment was germane, and therefore ruled the point of order to be not well taken. [Senate Journal, 1881, p. 1014.]

Made in Committee of the Whole, Senate can strike out.

Mr. Gordon submitted the point of order "that the motion of the Senator from Delaware (Mr. Cooper) was not in order, as it proposed to insert in the bill a provision just stricken out in the Committee of the Whole." Decided not well taken. Decision sustained by the Senate. [Senate Journal, 1883, p. 625.]

Inserted on second reading can be stricken out on third, when additional matter is included.

Mr. Reyburn submitted the point of order that under previous decisions of the Senate it is not in order to strike out, on third reading, amendments made by the Senate on second reading, and the motion of the Senator from Philadelphia (Mr. Kennedy) in including additional matter is for the purpose of accomplishing, in an indirect manner, that which cannot be done directly. Decided not well taken. [Senate Journal, 1883, p. 748.]

Made on second cannot be changed on third reading.

Mr. Cooper submitted the point of order that as the matter contained in the second division of the question had been inserted on second reading, it could not be stricken out on third reading, under previous decisions of the Senate. Decided well taken. [Senate Journal, 1883, p. 748.]

To Senate bill returned from House not in order.

Mr. Grady submitted the point of order that, as the question before the Senate was on concurring in the amendments made by the House of Representatives to said bill, and the amendment proposed by Mr. Hughes, not being an amendment to the amendments made by the House, the motion was not in order. The President decided the point of order well taken, and ruled the motion out of order. [Senate Journal, 1883. p. 1241.]

When concurring in House amendments, calendar must show title. Mr. Mylin submitted the point of order that, as Rule XXI of the Senate requires that the vote on concurring in amendmonts made to

AMENDMENTS-Concluded :

Senate bills by the House of Representatives "shall not be taken until said bills have been placed on the files of Senators, and particularly referred to on the calendars," and said bill not having been referred to on the calendar, the motion was not in order. The President decided the point of order well taken, and ruled the motion out of order. [Senate Journal, extra session, 1883, p. 30.]

Non-concurred in by the House, to recede from, affirmative vote of less than all the Senators elected sufficient.

Mr. Kennedy submitted the point of order, that the motion to recede from amendments made by the Senate being in effect a reconsideration of the vote by which the bill passed finally, it requires, for its adoption, a majority vote of all the Senators elected. Decided not well taken by the Senate. Mr. Kennedy then submitted the point of order, that the motion before the Senate is one of virtual concurrence in the action of the House on this bill, and that, in compliance with the Constitution and Rule XXVIII of the Senate, it requires a majority vote of all the Senators to so concur. Decided not well taken by the Senate. [Senate Journal, 1885, pp. 890–894.]

BILLS:

Consideration of, in numerical order.

The Senate decided that when bills on first reading are the pending order, it was not in order to proceed to the consideration of a bill not first in numerical order, without dispensing with the orders of the day. [Senate Journal, 1845, pp. 169–70.]

Negativing first section of, does not involve defeat of whole bill.

The Speaker decided that the defeat of the first section of a bill did not necessarily involve the defeat of the whole bill, should there be more than one section in such bill, and where such section or sections are sensible and independent of said first section. From which decision an appeal was taken, and the decision of the Speaker sustained by the Senate. [Senate Journal, 1848, p. 566.]

Negatived by the Senate, not in order to introduce and consider similar ones during present session.

The Speaker having decided it to be in order to introduce and proceed to the consideration of a bill, a similar bill having been already negatived by the Senate, an appeal was taken, and the decision was reversed by the Senate. [Senate Journal, 1850, p. 1150.]

The President decided that it was not in order to consider a certain bill, as one containing similar provisions had been voted down at the present session of the Senate. [Senate Journal, 1878, p. 855.]

BILLS-Continued:

Negatived by Senate, not in order to consider bill of similar character from the House during the same session.

The Senate having voted down a certain bill, some weeks after a bill on the same subject was originated by the House and passed, and sent to the Senate. The Speaker decided it out of order to consider any bill containing provisions on a subject similar to one defeated heretofore at the present session. An appeal was taken, and the decision of the Chair sustained. [Senate Journal, 1870, p. 1092.]

The President decided that it is not in order to introduce into the Senate from the House of Representatives, or consider a bill which is in substance, in nature, or intent and purpose the same as a Senate bill which has been defeated in the Senate during the present session. An appeal was taken. The Senate sustained the decision. [Senate Journal, 1878, p. 834.]

Postponed for the present, not in order to consider on the call of one Senator.

The Speaker decided that it was not in order to consider a bill which had been previously postponed, and which required the vote of a majority of Senators present to bring it up, at a time which had been set apart for the consideration of bills on call, which could be brought before the Senate on the call of one Senator. [Senate Journal, 1873, p. 1014.]

Must be referred, reported, and printed before considered.

The Speaker decided, that all bills, when read, must be referred to a committee, reported upon, and printed, before they can be considered. [Senate Journal, 1874, p. 10.]

When amendments can be made to-what in order on final passage.

The Speaker decided that a bill having been reported, it can be amended only when, upon its second or third reading, and that, upon the final passage of a bill, nothing is in order but discussion upon it, and the final vote upon it by yeas and nays, as required by the Constitution, except privileged questions, such as a motion to reconsider. [Senate Journal, 1874, p. 192.]

Regularly before Senate, can be disposed of by a simple majority.

The Speaker decided that when a bill was regularly before the Senate, a simple majority could make such a disposition of it as they saw proper. [Senate Journal, 1874, p. 722.]