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INDEX TO SENATE DECISIONS.
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,
to House amendments, when not in order,
second reading if other matter is included,
than a majority of all the Senators elected sufficient,
consideration of, in numerical order,
import from House at same session,
out of order,
CALL OF THE HOUSE is the order when a motion to adjourn falls and less than a
minority report from standing, on a bill, not in order,
to discharge, from bills, before five days, rule must be suspended,
not in order to go into, on third, to strike out amendments
inserted on second reading,
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.
DECISION OF PRESIDENT--Tie vote on appeal sustains,
Tie vote on appeal reverses,
EXECUTIVE COMMUNICATIONS, when can be read,
point of order made and sustained when in, Senate can subsp.
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,
1259 1239 1260
FINAL PASSAGE OF BILLS, twenty-six affirmative votes necessary,
INDEFINITE POSTPONEMENT of a motion to reconsider a section does not include bill, ..
cut oil by call for previous question,
1260 1261 1260 1.60 1260
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,
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,
1931 121 1211 1251 1261 1261 1261 1261 1201
QUESTIONS, when not divisible,
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,
by the orders,
negative, call of the House in order,
1261 1261 1261 1202 122 1262
RECEDE, motion to, from amendments made by the Senate non-concurred in by the House,
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
1253 1209 1:6 1853
RECONSIDERATION of negutive vote on final passage of bill,
point of order made and sustained when in executive session sub-
the Senate has refused to do,
a motion for, always in order,
two-thirds vote necessary to pass, imposing special work on a standing com.
must be suspended, to discharge committee from consideration of bill before five
SENATORS, before qualifying, cannot present papers,
may Pote on questions affecting seat of,
formal resignation of, necessary to preclude their voting,
supersede questions of privilege,
pass resolutions for general business,
TIL VOTE, on appeal, sustains decision of chair,
on appeal, reverses chair's ruling,
VOTE cannot be recorded after result is announced by chair,
can be changed on a misapprehension of the question,
by consent of the majority,
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,
*DECISIONS OF THE SENATE ON POINTS OF ORDER.
"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.)
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
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.
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.
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.)
Non-Concurred in by the House, to Recede from Affirmative Vote of Loss than all the Senators
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.)
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
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.
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.)