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BILLE-Continued. House Bill Negatived by Senate-Not in order for Senate to consider Bill of Similar Import from
House at Samo Session.
The Senate decided that it was not in order to consider a House bill similar in character to a House bill which had been negatived by the Senate at same session. (Senate Journal, 1907, pp. 2116, 2630.)
Postponed for the Present, not in order to consider Bill on the Call of One Senator.
The Speaker decided that it was not in order to consider a hill which had been previously postponed, and which required the vote of a majority of the Senators present to bring 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.)
Showing no Evidence of Consideration by Committee can be considered by Senate if According to
the Records Regularly Reported.
Mr. Gobin submitted the point of order, that there was no evidence or marks on the bill to Indicate that it had been regularly considered and reported fron committee, and therefore, should not have been placed upon the calendar for consideration hy the Senate. Wherenpon, the President decided that as the absence of marks and date of reporting the bill on the back thoseol did not vitiate the fact that, according to the record, the bill had been regularly reported, there. fore the point of order was not well taken. (Senate Jourual, 1893, p. 1066.)
Whon Amendments can be made to What in Order on 'inal Passago of.
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 year and nayy, as required by the Constitution, except privileged questions, such as motion to reconsider. (Senate Journal, 1874, p. 192.)
Logularly Before the Senate, can be Disposed of by a Simple Majority.
The Speaker decided that when a bill wes regularly before the Senate, simple majority could make such a disposition of it as they saw proper. (Senate Journal, 1874, p. 722.)
Passed both Houses, but not sent to the Governor Cannot be taken up.
Mr. White submitted the point of order that a bill having passed the Senate, been sent to the House and returned from that body as having been therein passed withont amendment, it is not in order for the Senate to take up the bill and amend it further. The Speaker decided the point of order well taken. Bills which have passed both Houses and have not been sent to the Governor cannot be taken up again and acted on. (Senate Journal, 1874, p. 908.)
sont to Printer, Cannot be considered Until Returned to the Senate.
The President pro tempore decided that a bill having been sent to the printer to be printed, It was not in possession of the Senate, and therefore it was not in order to consider it under the rules. (Senate Journal, 1875, p 477.)
Motion to Recommit, for Amending to Change Character of, not in Order.
The President deristed that a motion to recommit a hill to a committee, with instructions to the committee to amend the said bill so as to change its character, was not in order. (Senate Journal, 1875, p. 357.)
Negatived by Committee, Similar one can be Acted on by Senate.
The President derided that it was competent for the Senate to consider a bill similar to one which had previously been reported with negatire recommendation, if the said bill had not been acted upon by the Senate. (Senate Journal, 1876, p. 906.)
General, Local and Special---Class Logislation.
The Senate having under consideration "An act to secure the operatives and laborers engaged in and about coal mines and manufactories of iron and steel the payment of their wiges at regular intervals and in lawful moner of the United States," the President pro tempore decided that the Constitution prohibits legislation of local or special character regulating labor, trade, mining or manufacturing, A general law is one that applies to all persons. A local law is one that operates within a limited territory. A sperial law is one that is not confined in its operations by territory, but is limited to a partiruar class, sect, trade or interest. Under the Constitution, the rislature has not the power to make arhitrary distinctions in order to escape the prohibition of the fundamental law, but the subject must have some natural or necessary qu»lity to constitute a class. This view is enstained by Sedgwick on Statutes, and a decision by Judge Folgar, in 4 Heard, New York Reports. The bill before us proposes to legislate for a particules and special borly to operate in particular localities. Overruled by the Senate. (Senate Journal, 1879, pp. 687 and 695.)
After Reconsideration of Vote on, can be Acted on only when Roached in their Rogular Order,
Unless Regular Order be Dispensed with.
The vote negatising a hill on final pasage having been reconsidered, President pro tempore decided that the hill could not be considered until the order of "bills on final passage" was reached, except hy two-thirds vote. (Senate Journal, 1879. p. 599.)
A hill hoing on third reading, and the pote hr which it neagru! Becond reading haring heen reronsidered, the President pro tempore decided that the bill could not be considered on second reading until that was reached, except by suspending the orders. (Senate Journal, 1879, p. 613.) BILLS Concluded. EXTRAORDINARY SESSION.
Objection to Consideration of, Reconsidered, must be made at the Propor Time,
The order of business being bills on third reading, the President pro tempore (Mr. Reyburn in the chair) was of the opinion that the objection of the Senator from Elk (Mr. Hall) was raised too late, and the ruling of 1879, cited by him, did not apply, the Senate having already reconsidered the several votes by which the bill had passed second reading, and the bill belng already under consideration, worked a suspension of the orders. He therefore decided the point of order to that effect submitted by the Senator from Venango (Mr. Lee) to be well taken. (Senate Journal, 1, p. 554.)
Amending Lawi, must Recito in Full the Part to be Amondod.
The Senate decided that a bill proposing to amend an act, failing to recite the section in full intended to be amended, conflicted with section 6, Article III, of the Constitution, and was, therefore, not in order. (Senate Journal, 1879, p. 620.)
Raising Revenue, must Originato in the House.
A point of order was submitted by Mr. Lee that the amendment of the Senator from Delaware 1s not in order, because it adds & proviso to the bill which virtually makes it a bill for raising revenue, and all bills for raising revenue, by the Constitution, must originate in the Huse of Representatives, and the amendment is not germane, and changes the purpose of the bill. Decided well taken by Senate. (Senate Journal, 1883, p. 711.)
On Final Passage of, Twenty-six votos in the Affirmative Necessary.
Mr. Adams submitted the point of order that, as there are at present only forty-nine members of the Senate, it requires the vote of only twenty-five Senators in the affirmative to finally pass a bill. Decided not well taken by the Senate. (Senate Journal, 1889, p. 744.)
Appropriating Money for the Erection of Monuments does not Require a Two-Thirds Vote.
Mr. Stober raised the point of order that the bill under consideration appropriated money for the erection of a monument and required a two-thirds vote. The President decided the point of order not well taken, as this was an appropriation for the erection of a monument and not to a charitable institution of the State. (Senate Journal, 1903, D. 825.)
Objections to consideration of, must be Raised at the Proper Time.
A bill being under consideration, Mr. Lee submitted the point of order that the hill, as amendeel, was not properly on the calendar, as contemplated by the rules, it having been imperfectly printed, and the bill could, therefore, not be cousidered at this time. Decided not well taken. (Senate Journal, 1883, p. 635.)
For Motion to Dischargo Committeo from, Before Five Days Consideration by-Rule Must First be
On a motion to discharge a committee from the further consideration of a bill which had been in the committee's hands less than five days, coupled with a motion to suspend the five day rule--The President stated that the rules provided that before a motion can be made to discharge a committee from further consideration of a bill, the bill must be under consideration by the committee for at least five days and the only way in which the matter can be considered, would be to suspend the rule first, before the motion could be made to discharge the committee from further consideration. (Legislative Journal, 1919, p. 3240.)
Merits of, Not Debatable on Motion to Buspend Rule for Purpose of Discharging Committee.
A point of order was raised, that a motion to suspend the rule for the purpose of discharging a committee from & particular bill, is not debatable, and if debatable the particular reason for the consideration of a particular bill is not debatable. The debate can only be upon the reason for the suspension of the rule and not apon the merits of the bill. The chair ruled that the question to suspend the rules is debatable but that the question can he debated only insofar as the reason for the discharge of the committee may be essential. Therefore, the merits of the bill cannot be discussed on a motion to suspend the rules. (Senate Journal, 1919, pp. 2763-2764.)
Merits of, Debatable on Motion to Postpone Consideration of, to a Fixed Time.
Mr. McNeill submitted the point of order that it was not in order to discuss the merits of the main question, on a motion to postpone the consideration of the same until a detinite tine The President pro tempore decided that the merits of the main question could be inclaently discussed on a motion to postpone to a day fixed, and the point of order was, therefore, not well tuken. (Senate Journal, 1885, D. 684.)
Constitutionality of, to be Determined by tho Sopato.
Mr. McDonald submitted the point of order "that the bill was not in rder for the reas:? that It was contrary to Article III, section 6. of the Constitution." The 'regldent pro tempore decided that as the question of the constitutionality of the bill is a matter which will be decided by the Senate in the consideration and final disposition of the bill, it is not in the province of the Chair, by decision, as to the constitutionality of the bill, to assume the duty and power properly vested in the Senate. (Renate Journal. 1893. p. 209.)
CALL OF THE HOUSE,
Is the Order When a Motion to Adjourn Fails, and Less Than a Quorum Vote.
Mr. Gordon submitted the following point of order, viz: "I raise the point of order that upon the motion to adjourn, fourteen Senators have voted'"no" and eleven Senators have yoted "aye, the motion to adjourn is therefore lost, and the question disposed of, and that, therefore, the Senate may proceed to consider other business, as, under the ruing of the Chair, it is not neces. sary that a quorum vote upon the motion to adjourn, and that a call of the Senate, as directed in the thirty-sixth rule, is not necessary, as that rule clearly only contemplates subjects be fore the Senate upon ich it was necessary that a quorum vote, in order that the subject might be disposed of, as that rule directs that when a call of the Senate is made and a quorum disclosed to be present, the yeas and nays should be again taken upon the question on which the absence of a quorum was disclosed. In this case that rule would not apply as if the call showed a quorum present, the yeas and nays could not be again taken, for the original questionthe motion to adjoum-is disposed or.' The President decided that the motion to adjourn was lost, a majority having voted "no;" but less than a quorum having voted, nothing was in order but a call of the House. (Senate Journal, extra session, 1883, p. 162.)
Powers of, Over Bills.
The Speaker decided that the committee to whom a bill had been referred had full power over the saine, except that it could not change the title or subject thereof. (Senate Journal, 1857, p. 842.)
Mr. Flinn submitted the point of order, that after a bill has been reported by a standing committee and passed any reading in the Senate and recommitted to a standing committee that such committee has not the power to report such bill with a negative recommendati, because the Senate as a body has acted favorably upon the bill by passing it on a reading, and a part of the Senate, as represented by a standing committee, cannot negative that which the whole Senate has approved by passing through a reading, and that any such bíll so reported negatively, by any standing committee should be placed upon the calendar for the consideration of the Senate in regular order. The President decided the point of order not well taken. (Senate Journal, 1899, p. 1933.)
Report of a Bill by a Minority of a Standing, in Order only by Consent of Majority.
Mr. Greer submitted the point of order that a minority of a standing committee cannot make a report from such committee (of a bill) without the consent of a ma jority thereof. The President decided that the point of order, as a general proposition was well taken; but the bill having been reported, and ordered to be printed and placed upon the calendar, the point of order is submitted too late. (Senate Journal, 1883, p. 1030.)
Majority of those Voting in Senate Discharges, from Consideration of Bills.
Mr. Grady submitted the point of order that it required a majority vote of all the members of the Senate to discharge a committee from the consideration of a bill and to place the same on the calendar. The President pro tempore decided the point of order not well taken. (Senate Journal, 1897, p. 1614.)
COMMITTEE OF THE WHOLE.
Amendments Just Inserted by, not in Order to Strike Out,
The Speaker decided that a motion to go into Committee of the Whole to strike out an amendment which had just been inserted in Committee of the Whole was not in order. (S nate Joumal, 1873, p. 821.)
Motion to go into, when Divisible.
Mr. Macfarlane submitted the point of order that the motion to go into Committee of the Whole for special amendment, as indicated, cannot be divided, and therefore, the call for a division is not in order. Decided not well taken. (Senate Journal, 1883, p. 748.)
Senate can Instruct.
The Speaker decided that it was not in order for the Senate to instruct a committee of conference. The Senate reversed the decision. (Senate Jouurnal, 1868, pp. 430, 431.)
Report of, not to be considered on Day of Final Adjournment.
A motion was made, on the last day of the session, to proceed to the consideration of the report made by a committee of conference, which the Speaker decided to be out of orier, it being in violation of the joint rule, which prohibits any bill, or resolution, to which the signature of the Governor may be required from being passed by either House on the day of the final adjourment, (Senate Journal, 1872, p. 1154.)
CONFERENCE COMMITTEES-Concluded. Power of, over Whole Bill.
The Speaker decided that, in a committee of conference, on the appropriation bill, the difference between the two Houses on said bill extended to the whole bill, and not to any particular parts of it, although both may have separately voted for some parts of it. The Senate sustained the decision. (Senate Journal, 1873, p. 1056.)
Mr. McCracken submitted the point of order that the committee of conference, in amending the bill in certain particulars concerning which no differences existed between the two Houses, exceeded the authority conferred upon it, in violation of joint rule No. 3, which says that a committee of conference “shall not have power or control over any part of a bill, resolution or order, except such parts upon which a difference exists between the two Houses." The Senate decided the point of order not well taken. (Senate Journal, extra session, 1883, p. 75.)
Report of Disagreement of, Discharges.
The question being propounded to the Chair, viz: Does the report of a committee of conference on its final disagreement operate as a discharge of the committee without further action of the Senate? Decided in the affirmative by the Senate. (Senate Journal, extra session, 1883, p. 48.)
Being Dissolved, not Subject to Instructions.
Mr. Cooper submitted the point of order that as the committee of conference on the part of the Senate had been disso ved, the resolution was not
in order. The President decided the point of order well taken, and ruled the resolution out of order. (Senate Journal, extra session, 1883, p. 55.)
Motion to Appoint, once Negatived, not again in Order Without Reconsideration.
And the question being, Will tire Senate agree to the first division, viz: "That a committee of conference Congressional apportiopment be appointed ?". Mr. McCracken submitted the point of order that the Senate has refused to appoint a committee of conference; and that it is proposed by this resolution to do something that the Senate has already refused to do without reconsidering the previous action of the Senate, and is, therefore, not in order. The President decided the point of order well taken. (Senate Journal, extra session, 1883, p. 56.)
Power of Senate Over.
Mr. Hughes submitted the point of order that the resolution contains a proposition in violation of the established method of legislation, in that it authorizes a conference committee to consider a biil which has not been presented or considered at this session (extraordinary), in violation of the joint rule No. 3, which expressly says that a committee of conference shall not have power or control over any part of a bill, except such parts upon which a difference exists between the two Houses, and therefore it is not in order. The President decided the point of order not well taken. (Senate Journal, extra session, 1883, p. 61.)
When can be Read.
A motion to adjourn having been made and lost (less than a quorum voting), a request for the reading of some communications from the Governor was made, upon which Mr. Cooper submitted the point of order that no business could be transacted at this particular time, and that the request was out of order. The President pro tempore (Mr. Gordon in the chair), decided the point of order not well taken. Mr. Cooper notified the Chair that he would appeal from his decision, whereupon, the President pro tempore (Mr. Gordon in the chair), ruled the appeal out of order, and decided that nothing was in order at this time but a call of the Senate or a motion to adjourn, and directed the clerk to read the communications, which were read. (Senate Journal, extra session, 1883, p. 162.)
EXECUTIVE SESSION. A Motion to Reconsider Vote on Nominations not Debatable.
The Speaker, when a motion to reconsider a vote on the executive nomination for president judge was pending, decided that the question was not debatable. (Senate Journal, 1847, p. 337.) Point of Order made and Sustained when in, Senate can Subsequently Reconsider its Action
A motion was made by Mr. Stewart and Mr. Macfarlane that the vote had yesterday, by which the point of order presented by Mr. Gordon, in executive session, was sustained, be reconsidered.
Gordon submitted the point of order that the motion not in order: that the motion to reconsider could not be made as if the whole subject matter to which it related had been disposed of, and if the motion to reconsider was carried, there would be nothing before the Senate to consider. The point of order sustained, and which it is now proposed to reconsider, was that the motion to refer the nominations of Messrs. Sensenderfer and Iseminger to & committee, was not in order. After the point was so decided, the nominations were thn voted on and rejected, and are not now before the Senate; therefore, the motion to refer them could not be brought before the Senate by reconsidering the decision, that the motion was not in order. The President pro tempore decided the point of order not well taken. (Senate Journal, 1883, p. 218.) Five Day Rule not Applicable in Executive Session,
The Senate being in executive session. Mr. Humes submitted the point of order that as more than five days had elapsed since the vote was had, under Rule 16 of the Senate, & motion to reconsider is not now in order, The President pro tempore (Mr. Reyburn in the chair), decided, the point of order not well taken, as the sixteenth rule, governing the Senate in regular session has not been applied to the Senate in executive session. (Senate Journal, 1883, p. 1036.)
What Resolutions in Order in.
Mr. Humes submitted the point of order that, as this fpecial session of the Legislature pas called only for the purpose of considering business designated in the proclamation of the Governor convening the game, and the resolution being in the nature of legislation requiring the Gorernni's signature. It 18, therefore, not in order. The Senate decided the point of order not well taken. (Senate Journal, extra session, 1883, p. 32.)
When in, Sonate is Governed by the Ordinary Rules of Parliamentary Practice.
The President was of the opinion that the Senate is governed by the ordinary rules of parliamentary practice, and that those rules must govern the body at this time as well as any other rules, and decided that it required a two-third vote of the Senate to change any order of procedure or rule of the Senate. (Senate Journal, extra session, 1891, p. 402.)
Of Motion to Reconsider Section does not Involve Postponement of Bill.
The Speaker decided that the Senate having postponed, indefinitely, a motion to reconsider the vote by which the Senate agreed to the fourth section, such indefinite postponement did not involre a postponement of the hill under ronsideration. An appeal was taken. The Senate su tained the decision of the Speaker. (Senate Journal, 1864, p. 1031.)
Motion for, not Capable of Amendment.
The President decided that a motion to postpone, indefinitely, being already in its simplest form, is not capable of amendment. (Senate Journal, 1879, p. 868.)
Does not Preclude Debate upon the Original Subject.
The President ruled that the motion to postpone indefinitely does not preclude debate upon the original subject. (Senate Journal, 1879, p. 788.)
Motion for, of Motion to Reconsider, Limitation of Debate in Rule 16 does not apply to.
Mr. Hall submitted the point of order that the spirit of the rule prohibiting a Senator from speaking longer than five minutes on a motion to reconsider, requires the rule to he applied IIFAwise to a motion to postpone indefinitely such motion to reconsider. The President decided the point of order not well taken. (Senate Journal, extra session, 1883, p. 172.)
ORDERS OF THE DAY.
A Single Objection Prevents Suspension of, at a Special Session for a Special Purpose.
The President pro tempore decided that a special session, for a sprcial purpose, a single objection would prevent the suspension of the orders. (Senate Journal, 1875, pp. 460, 589.)
The President decided that at a special session for a special purpose, & motion cannot be considered without the unanimous consent of the Senate. (Senate Journal, 1875, p. 586.)
Motion to Extend Session Pending Consideration of Bill not in Order.
Mr. Hall submitted the point of order that a motion to extend session was not in order, pending the consideration of a bill. cid well taken. (Senate Journal, 1883, p. 664.)
Two-Thirds Vote Necessary to Suspend.
Mr. Kennedy submitted the point of order, as the amendment offered by Mr. Cooper virtually involved a suspension of the special orders fixed for half past eleven o'clock today, it would require a two-thirds vote to adopt the
Decided well taken. (Senate Journal, 1883, p. 779.)
Mr. Schnatterly submitted the point of order that the resolution involving a suspension of the regular order required a two-thirds vote in the affirmative to pass it. Decided well taken. (Senate Journal, 1887, p. 205.)
Mr. Watres submitted the point of order that, as the motion involved a suspension of the rest lar order at twelve o'clock, two thirds of all the members voting are required for its adoptin. Decided well taken. (Senate Journal, 1889, p. 907.)
Two-Thirds Vote Not Necessary to Pass Resolution Changing Time of Daily Adjournment.
The Senate having, hy resolution, temporarily fixed certain hours for meeting and adjour.ing. Mr. Cooper, when resolutions were in order, offered the following: Resolver, That this and hereafter the Senate will adjourn only upon motion adopted by a majority. Mr. Rerhum submitted the point of order that the resolution involves a suspension of the regular orler, ar therefore a two-thirds vote is required to pass it. Decided not well taken, as the resolution du not suspend any rule. (Senate Journal, 1887, p. 205.)
Suspended by Bpecial Order.
Mr. Cooper submitted the point of order that, as the order for the offering of original resolutions was not completed, the special order fixed by the Senate for half past eleven o'clock was not in order. Decided not well taken. (Senate Journal, 1883, D. 780.)
Mr. Hughes then submitted the point of order' that, as the resolution was still pending ord undisposed of, its consideration could not be Interrupted by other business. Decided the point of order not well taken. (Senate Journal, 1888, p. 780.)