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INDEX TO SENATE DECISIONS.

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ADJOURNMENT "from day to day" by less than a quorum, what it mealis,

day of final, when it begins,

two-thirds vote not necessary to change time of daily,
AMENDMENTS-See Bills.

to House amendments, when not in order,
to title in order when concurring in House amendnients,
made on second reading cannot be stricken out on third i'ending,
in order to strike out on third reading that which has been inserted on

second reading if other matter is included,
negative on second reading can be inserted in committee of the whole on

third reading,
can be made only on second or third reading after bill is reported,
cannot be made to bills that will change original purpose,
not germane to resolution out of order,
can be made to resolution regulating Senate business,
affecting an increase of the revenues are not germane to other bills,
made in committee of the whole, striking out matter, Senate can reinsert,
to amend Senate bill returned from House, when in order,
non-concurrence in by the House, to recede from, atlirinative vote of less

than a majority of all the Senators elected sufficient,
APPROPRIATIONS, bills making, for the erection of a monument, do not require a two-
thirds vote,

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BILLS-See Amendments.

consideration of, in numerical order,
negativing first section does not involve defeat of whole bill,
negatived by the Senate not in order to introduce and consider similar bill,
negatived by the Senate not in order to consider bill of similar character from the

House,
House, negatived by Senate, not in order for Senate to consider bill of similar

import from House at same session,
postponement of, for the present not in order on the call of one Senator,
on final passage, what action is in order,
amendments made to, on second cannot be stricken out on third reading,
regularly before Senate can be disposed of by a simple majority,
passed by both Houses, and not sent to the Governor, cannot be taken up,
sent to printer cannot be considered until returned to Senate,
motion to recommit, for amendment to change character of, not in order,
negatived by committee, similar one can be acted on by Senate,
cannot be amended to change original purpose,
general, local, special, class legislation,
after reconsideration of vote, must be acted on when reached in order,
amending laws must recite in fuil the part to be amended,
objection to consideration of, reconsidered, must be made at the proper time,
raising revenue must originate in the House,
on final passage, twenty-six votes in the affirmative necessary,
appropriat money for the erection of a monument do not equire a two-thirds

vote,
minority of a standing committee cannot make a report on,
twice negatived on final passage, reconsideration of, not in order,
objection to consideration of, must be raised at the proper time,
amendients to amended Senate bills from House when in order,
final rote cannot be reconsidered after fre legislative days,
reconsideration of, when not in orier,
merits of, debatable on motion to postpone consideration of, to fixed time,
constitutionality of, to be deterinined by the Senate,
if regularly reported, can he considered by Senate,
which have passed House and are on second reading in Senate, resolution recalling,

out of order,
majority of those voting in Senate discharges committee from consideration of,..
too late to correct vote on, after other business has intervened,
to discharge committee from, before five days, rule must be suspended,
merits of, not deba table, on motion to suspend rule, for purpose of discharging
committee,

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CALL OF THE HOUSE is the order when a motion to adjourn falls and less than a

quorum vote,
COMMITTEES, power of, over bills,

minority report from standing, on a bill, not in order,
bills regularly reported from, can be considered by Senate,
majority of those voting in Senate discharges, from consideration of bills,
two-thirds vote necessary to pass resolution imposing special work on stand-

ing.

to discharge, from bills, before five days, rule must be suspended,
COMMITTEE OF THE WHOLE, amendments just inserted by, not in order to strike ont,

not in order to go into, on third, to strike out amendments

inserted on second reading,
Senate can reinsert matter stricken out in,
motion to go into, when divisible,

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Pige.

CONFERENCE COMMITTEE, Senate can instruct,

1258 report of, not to be considered on day of final adjournment, 1238 power of, over wbole bill,

1238 report of disagreement of, discharges,

12:19 being dissolved not subject to instructions,

1239 motion to appoint, once negatived, when again in order, 1239 power of Senate over,

1239 CONSTITUTIONALITY OF BILLS to be determined by the Senate.

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D.

DECISION OF PRESIDENT--Tie vote on appeal sustains,

Tie vote on appeal reverses,

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E.

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EXECUTIVE COMMUNICATIONS, when can be read,
EXECUTIVE SESSION, a motion to reconsider vote on nominations not debatable in,

point of order made and sustained when in, Senate can subsp.

quently reconsider,

vote in, can be reconsidered after five days, EXTRAORDINARY SESSIONS, what resolutions in order in,

Senate is governed by the ordinary rules of parliamentary

practice when in,

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F.

FINAL PASSAGE OF BILLS, twenty-six affirmative votes necessary,

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INDEFINITE POSTPONEMENT of a motion to reconsider a section does not include bill, ..

cut oil by call for previous question,
motion for, not capable of amendment,
does not preclude debate upon the original subject,
of motion to reconsider, limitation of debate in,

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0.

ORDERS OF THE DAY, disper sing with, in considering bilis not in numerical order,

1255 a single objection prevents suspension of, at special session for special purpose,

1260 motion to extend session pending consideration of a bill not in order,

1260 two-thirds rote necessary to suspend,

1200 two-thirds vote pot necessary to change time of daily adjvuruwent, 1200 regular, suspended by special,

1280 take precedence of call for the previour question,

1261 suspension necessary to offer resolution after that order has been gone through with,

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P.

POINTS OF ORDER cannot be raised upon another pending point of order,

can be raised at any stage of a bill,

caunot be raised upon a question after other business has intervened, POSTPONEMENT, motion for, to a time fixed, subject to limited debate on merits of bill, PREVIOUS QUESTION, call for, can be renewed the same day,

on bill, not precluded by motion to postpone,
cuts of motion to indefinitely postpone.
call for, in order while a Senator is speaking,
call for, superseded by orders of the day,

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Q.

QUESTIONS, when not divisible,

when divisible,
when a part of divisible, cannot be considered,

of privilege, do not take precedence of special orders, QUORUM, Senators announcing pairs to be counted in making up.

Senators announcing pairs and signing appeal to be counted in making up,
adjournment by less than, from day to day," means from day to day as fixed

by the orders,
when less than, vote on a motion to adjourn and majority of those vote in

negative, call of the House in order,

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R.

RECEDE, motion to, from amendments made by the Senate non-concurred in by the House,
RECESS, amending motion for,

motion for, not in order after motion to adjourn has been defeated, RECOMMIT, motion to, for amending bill to change character of, not in order

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RECONSIDERATION of negutive vote on final passage of bill,

point of order made and sustained when in executive session sub-

ject to,
of a bill iwice negatired on final passage not in order,
one roting with ina jority on, y can second motion for,
not in order after ilve legislative days,
motion for, once negatived, cannot be renewed,
“five days rule' not applicable in executive session,
of final vote on bil. must be inade within five legislative days,
of same bill, not in order a second time,
necessary when instructing a conference committee to do that which

the Senate has refused to do,

a motion for, always in order,
RESOLUTION, concurrent, fruin House recalling House blil on second reading out of order,
RESOLUTIONS, not in order to strike out and insert new subject matter in,

two-thirds vote necessary to pass, imposing special work on a standing com.

mittee,
what, in order in extra session,
concurrent, necessary to provide for printing of report of an investigation

committee,
RULES, defeat of motion to suspend, carries with it whole proposition,

must be suspended, to discharge committee from consideration of bill before five

days,
on motion to suspend, for purpose of discharging committee, merits of bill not

deba table,

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SENATORS, before qualifying, cannot present papers,

may Pote on questions affecting seat of,
announcing pairs and signing appeal to be counted in making up a quorum,
antiouncing pairs to te counted in making up quorum,

formal resignation of, necessary to preclude their voting,
SPECIAL ORDERS supersede regular orders,

supersede questions of privilege,
SPECIAL SESSION, for special purpose, unanimous consent necessary to consider other

business,
for a special purpose being fixed, a two-thirds vote not necessary to

pass resolutions for general business,
SUSPENSION OF ORDERS, a single objection prevents, at special session for special pur-

Dose,
two-thirds vote necessary for,
necessary to offer resolution after that order has been gone

through with,

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T.

TIL VOTE, on appeal, sustains decision of chair,

on appeal, reverses chair's ruling,

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V.

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VOTE cannot be recorded after result is announced by chair,

can be changed on a misapprehension of the question,
of twenty-six Senators in the affirmative necessary to pass a bill finally,
cannot be recorded after the call of the yeas and nays has been completed, except

by consent of the majority,
too late to correct, on bill after other business has intervened,

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Y.

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YEAS AND NAYS, call of, not in order, when Senators demanding same decline to vote,

call of, cannot be interrupted after first Senator's name is called,
after call of, has been completed, vote can be recorded only by consent

of majority,

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*DECISIONS OF THE SENATE ON POINTS OF ORDER.

ADJOURNMENT.

"From Day to Day'' by Less than a Quorum Means from to Day as Fixed by the Orders.

The Senate håving fixed an order for sessions on Tuesdays and Fridays only, on

& 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 ses. sion, 1883, p. 157.)

ADJOURNMENT, DAY OF FINAL.

When it begins.

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, 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 mile eight, which provides that 'no bill, resolution, or order to which the signature of the Governor may be required, shau 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 the Senate, to a bill from the House of Representatives. (Senate Journal, 1844, pp. 935-1).)

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

To Title in Order, 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. See also Senate Journals, 1874, D. 692, and 1889, p. 364.)

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. 647.)

In order to Strike Out on Third that which has been Inserted on Second Reading if other Matter

is Included.

Mr. Thompson submitted the point of order, that the motion was not in order beacuse it proposed to strike out on third reading an amendment which had been inserted on second reading: The President decided the point of order not well taken, as the proposed amendment included other matter, in addition to the proviso which had been inserted on second reading of the bill. (Senate Journal, 1891, p. 290.)

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 negatired on second reading, could not be offered,

The Speaker decided the point of order not well taken. (Senate Journal, 1874, p. 179.)

Their correctness as

*These decisions are published as found in the Journals of the Senate. rulings is left to the judginent of the reader.

AMENDMENTS-Concluded.

Cannot be made to Bills that will Change Original Purpose,

The President pro tempore decided that the bill was 80 amended as to repeal the whole art 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 purpose, and therefore is unconstitutional. (Senate Journal, 1879, p. 389.)

Not Germano 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.)

The President pro tempore (Mr. Penrose in the chair) was of the opinion that the original rosolution of the Senator from Lebanon, pertained to a question of law or jurisdiction, whilst the substitute or amendment of the Senator from Bucks raised a question of fact He therefore decided the point of order raised by the Senator from Lebanon to be well taken and that the amendment of the Senator from Bucks was not germane and therefore not in order. (Senate Journal, extra session, 1891, p. 624.)

Can be made to Resolution Regulating Senate Business.

A resolution fixing an afternoon session for certain business pending an amendment was ofrered 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.)

Senate can Reinsert Matter Stricken out in Committee of the whole.

Mr. Gordon submitted the point or 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.)

To Amend Senate Bill Returned from House when in Order.

1

Mr. Gordon submitted the point of order that, as the question before the Senate was on concurring in the amendments niade 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.)

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Non-Concurred in by the House, to Recede from Affirmative Vote of Loss 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 com. pliance 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 reding are the pending order, it was not in order to proreed to the consideration of a bill not first in numerical order, without dispensing with the orders of the day. (Senate Journal, 1845, pp. 160-70.)

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 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 the same

Session.

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.)

Negatived by the Senate, not in order to Consider Bill of Similar Character from the House

During the same Session.

DERS

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 apo Deal was taken. The Senate sustained the decision, (Senate Journal, 1878, p. 834.)

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