RESOLUTION-Concluded. Requesting certain information from the Banking Department, not in 1303 Requesting a clerk in a department to furnish information, not in order, 1303 1303 1303 Recalling bill from Governor is in order after bill has been signed 1304 Making bills special order of business not in order until bills have 1304 Consideration of a similar, previously acted upon, not in order, 1304 1304 1304 Amendments to, restraining persons from leaving State, not in order, 1304 1304 1304 Reports from committee on, has preference at all times, Is not dual in its purpose when embracing two districts, Instructing United States senators, must be by concurrent, Authorizing investigation of newspaper correspondent A majority of all members not necessary to pass concurrent resolution ROLL CALL: See also RÉCONSIDERATION. Call of, under call for previous question, is in order, RULES: See also ADJOURN; COMMITTEE; DIVISIBLE QUESTIONS; and VOTE. Suspension of, for previous resolution having been refused, in order for resolution 1304 1304 Not germane to subjects enumerated in proclamation of the Governor Motion for suspension of, does not receive immediate consideration, Suspension of, required before motion to place bill on the calendar after five 1307 S. SENATORS OF UNITED STATES: Not competent for one House to instruct, 1307 SESSION: See also COMMITTEE; ORDER OF BUSINESS; ORDERS OF THE DAY; Continued after midnight, competent to proceed with business pending before 1307 Special, for a special purpose, no other business can be considered at, 1307 SPECIAL LEGISLATION: See CONSTITUTION. SPECIAL ORDER OF BUSINESS: See also ADJOURN; BILLS; COMMITTEE: COM- Consideration of, in order even though time fixed for, has passed, 1307 1807 V. VETO MESSAGE: Motion to postpone consideration of, for the present, in order, 1307 Challenge of members, when result is effected, announcement of the vote is withheld, 1308 1308 1308 Members entitled to, if within the hall of the House when his name is called, Call for a division of, must be made before Speaker renders decision, Member being a member of a commission not considered personal interest, and ME 1309 VOTERS: Qualifications of, an amendment to a bill relating to, not in order, 1309 W. WITNESSES: Subpoenaed before contested election cases must be paid, 1309 DECISIONS OF THE HOUSE OF REPRESENTATIVES ON POINTS OF ORDER.* ADJOURN. Motion to, not in Order, when Previous Question Called and Sustained. The Speaker decided that a motion to adjourn was not in order when the previous question had been called and sustained, and was still pending. The House sustained the decision. (Jour nal H. R., 1857, p. 509). Motion to, not in Order, When Hour of Adjournment is Extended for a Specific Business, until gone through with. The Speaker decided that a motion to adjourn was not in order when the House had extended the hour of adjournment for a specific object, until the business for which the adjourn ment was extended had been disposed of. An appeal was taken and laid on the table. (Journal H. R., 1864, p. 783.) Not in Order to Entertain Two Consecutive Motions to. (Journal The Speaker decided that it is not in order to entertain two consecutive motions to adjourn, if no other business of the House has intervened at the time the motion was made. H. R. 1843, p. 361.) (See also Journal H. R. 1885, p. 920). Motion to, in order immediately following a Motion for Recess. A motion that the House take a recess having been defeated, a motion was immediately made to adjourn. The point of order was raised. That no other business having intervened, a motion to adjourn is not in order. The Speaker decided the point of order not well taken, stating the previous motion was for a recess. (Legislative Journal, April 17, 1913, pp. 2019 and 2020; Journal H. R. p. 2724). Motion to, takes Precedence over Motion to Adjourn to a Stated Time. The point of order was raised that a motion to adjourn takes procedence over a motion to adjourn to a stated time. The Speaker decided the point of order well taken. (Journal H. R., 1889, p. 938). Extension of Time for, Requires Suspension of the Rules. The point of order was raised that the morning hour for adjournment was fixed by the rules of the House and could only be extended by a suspension of the rule. The Speaker decided the point of order well taken. (Journal H R., 1891, p 1034). Motion to, not subject to amendment. On the question of agreeing to an amendment to a motion to adjourn. The point of order was raised. That a motion to adjourn cannot be amended. The Speaker ruled that a motion to adjourn is not subject to amendment. (Legislative Record, February 7, 1906, p. 402; Journal H. R., p. 193). Motion to, not debatable. On a motion to adjourn, The point of order was raised, That a motion to adjourn is not debatable. The Speaker ruled the point of order well taken. (Legislative Record, April 6, 1909, p. 2763.) Motion fixing the time for, is debatable. The point of order was raised, That the question of adjournment is not debatable. The Speaker decided the point of order well taken, stating the question to fix the time of adjournment is debatable. (Legislative Journal, April 9, 1913, p. 1646; Journal H. R., p. 2368.) *These decisions are published as found in the Journals of the House of Representatives and the Legislative Record or L gislative Journal. Their correctness as rulings is left to the judg ment of the reader. ADJOURN-Concluded. From Wednesday until the Following Monday not in Contravention of Constitution. A motion was made that when the House adjourns this Wednesday evening it be to meet on next Monday evening at 9 o'clock. The point of order was submitted that it was unconstitutional for the House to adjourn for more than three days without the consent of the Senate. The Speaker decided the point of order not well taken; that an adjournment of the House from Wednesday till the succeeding Monday was not an adjournment for more than three days as provided by the Constitution of Pennsylvania, Sunday being a dies non. See Buckalow on the Constitution of Pennsylvania, edition 1883, p. 52. Construction; It has long been held that the three days' limitation in this section (section 14, art. 2) is exclusive of Sundays, and such is the settled construction. Therefore, whether natural or secular days were intended by the authors of the limitation is not now a question of practical_importance. Judicial Opinion: West Philadelphia Passenger Ry. Co. v. Union Passenger Ry. Co., and Bancroft v. same, 29 Legal Intel. 196, 4 Leg. Gaz. 193. (Journal H. R. 1897, p. 1114. See also Senate Journal, 1913, p. 1127.) FINAL ADJOURNMENT. Motion to Amend Resolution for, is in order. The Speaker decided that a motion to amend a resolution for the final adjournment of the Legislature by adding thereto the following: "Provided, That in order to avoid the expense attendant upon the meeting of the convention of the two Houses, in October next, to which it stands adjourned, the members of the two Houses shall re-assemble previous to the final adjournment of the Legislature, for the purpose of electing a person to represent this Commonwealth in the Senate of the United States, in accordance with the Constitution of the United States, and the laws of the Commonwealth" was in order. The House overruled the decision of the Speaker. (Journal H. R, 1855, p. 826.) Amendment to resolution fixing date of, in order. On the question of agreeing to an amendment to a resolution fixing the date for adjournment sine die, The point of order was raised, That the amendment to the resolution is out of order. The Speaker decided the point of order not well taken for the reason that the amendment provides for a recess and not for an adjournment. (Legislative Journal, February 4, 1913, p. 148; Journal H. R., p. 597.) Resolution fixing date of, may be referred to any committee of the House. On a motion to refer a resolution fixing the date of final adjournment to the Committee on Rules, The point of order was raised, That the resolution does not belong to the Committee on Rules. The Speaker decided the point of order not well taken, stating any resolution belongs to any Committee to which the House sees fit to send it. (Legislative Journal, March 27, 1913, p. 1246; Journal H. R. p. 1926) Date of, must be specific. On the question of adopting a resolution relative to final adjournment of the House. That the resolution is out of order because the date of final adjournment is not specific. The Speaker decided the point of order well taken. (Legislative Journal, June 5, 1913, p. 3951). Constitution does not contemplate, House shall fix time of. On the question of adopting a report from the Committee on Rules, relative to the adjournment of the House sine die, The point of order was raised, That the Constitution of Pennsylvania does not contemplate that the House shall adjourn sine dic. The Speaker pro tempore decided the point of order well taken. (Legislative Journal, June 10, 1913, p. 4168; Journal H. R. p. 4729.) Substitute Resolution for, not in order. A substitute resolution relative to the final adjournment of the General Assembly was offered when, The point of order was raised, That the resolution is out of order, there being no other business before the House but the motion on the majority report. The Speaker pro tem decided the point of order well taken. (Legislative Journal, June 10, 1913, p. 4173; Journal H. R. p. 4730.) AMENDMENT. Previously Refusing to Consider, in Order to Renew Motion so to do. A motion was made to proceed to the consideration of Senate amendments to the bill, entitled "An act to repeal certain acts in relation to the Philadelphia and Trenton Railroad Company;' whereupon, the Speaker submitted to the House, for decision, whether the motion could be entertained, inasmuch as the House had previously, on the same day, refused to consider said amendments, though other business had intervened. The House decided in the affirmative. (Journal H. R., 1841, p. 977, 978.) In the Second Degree in Order. The Speaker decided that a bill originating in the Senate and passed by the House of Representatives with amendments, which are concurred in by the Senate with amendments, and returned to the House, was still subject to amendments by the House, the proposed amendment being, in his opinion, only in the second degres. The House sustained the decision. (Journal H. R., 1849, p. 525.) AMENDMENT-Continued. Limiting the Operation of Certain Acts Unconstitutional. An act to amend certain sections of "An act to regulate the sale of liquors," approved March 31, 1856, being under consideration, an amendment was offered providing "That this act shall not apply to cities of the first and second class, upon which the following point of order was submitted: "The amendment offered is unconstitutional, because it restricts the application of the act, from a territory of a fixed population, which would have to decrease in order to come within the provisions of the act as amended." Decided well taken by the House (Journal H. R., 1855, p. 437.) Rendering Bills Unconstitutional, out of Order. The point of order was raised that the amendment was out of order, and would make the bill unconstitutional. Decided well taken by Speaker pro tempore. (Journal H. R., 1885, p. 939; See also, Journal H. R., 1887, p. 1172.) Delegating Legislative Powers to a Third Person, is Unconstitutional. Amendments were offered to a Senate Bill which was on second reading, The point of order was raised, That the amendments offered are unconstitutional and entirely out of order because they seek to delegate legislative power and responsibility upon a third person or persons who are in no manner answerable for their conduct to the people. The speaker decided the point of order well taken, stating the am ndment violates Article II Sections 1 and 15 of the Constitution of Pennsylvania. An appeal was taken from the decision of the Chair. The House sustained the ruling of the Speaker. p. 202; Journal H. R., p. 413.) (Legislative Journal, February 13, 1917, Made in Committee of the Whole, Fall when Leave to sit again is Refused. The Speaker decided that when the committee of the whole rises, reports progress, and is refused leave to sit again, the amendments made in committee of the whole are not parts of the bill, unless so ordered by a vote of the House. (Journal H. R., 1858, p. 463.) Changing Original Purpose of Bill not in Order. The point of order was raised that an amendment proposed was not in order, as it would change the original purpose of the bill; also that the amendment contained more than one subjec.. The Speaker submitted the point of order to the House for decision. The House decided the point of order well taken. (Journal H. R., 1876, p. 196; see also Journal H. R., February 13, 1901, p. 430, 431; Legislative Record, March 21, 1901, p. 954; Journal H. R., p. 841; Legislative Record, April 10, 1907, p. 2445.) Striking out all after Enacting Clause and Insert Different Bill, not in Order. The Speaker decided that it is not in order to strike from a bill all after the enacting clause, and insert another bill different from that contained in the original bill. The House sustained the decision. (Journal H. R., 1853, pp. 931, 932.) Not Germane, out of Order. The Speaker decided that it was not in order to amend a bill by adding to it matter different from the subject matter of the bill. (Journal H. R., 1858, p. 340.) The Speaker decided that the first section being under consideration, it was not in order to strike out all after the enacting clause, and insert a new bill, containing several different sections, which were not germane to the first section of the bill under consideration. The House sustained the decision. (Journal H. R., 1858, p. 592.) A question of order was raised, that, "An act to revise, amend and consolidate existing laws for the assessment and collection of State Taxes and county and township races and levi s,' being under consideration, a motion to go into committee of the whole for special amendment for the purpose of taxing petroleum, coal and whiskey, articles that, by the present laws, are not now subject of taxation, the amendment, being for the purpose of revenue alone, is no. germane to the subject before the House. The Speaker submitted the question to the House, and it was decided in the negative. (Journal H. R., 1869, p. 1093.) (See also Journal H. R. 1879, p. 929 Journal H. R. 1883, p. 1098 Journal H. R. 1893, p. 1016 Legislative Record, January 23, 1903, p. 321 Legislative Record, February 8, 1906, p. 439; Journal H. R., p. 200. To Amend Bill on Final Passage, Vote on Third Reading Must First be Reconsidered. On the question whether a bill which has passed third reading, and being, as required by the Constitution, upon final passage, is subject to amendment, the Speaker pro tempore decided "that when a bill has passed three separate readings, and been agreed to each time, the only thing which remains is to take the vote required by the Constitution, unless postponed, and the vote agreeing to the bill the third time must be reconsidered in order to amend the bill." (Journal H. R., 1878, p. 424; see also, Legislative Record, February 8, 1909, p. 351.) Defeated Cannot be Offered Again on same Reading. The point of order was raised that "the amendment is out of order, because it had been offered and voted down when the section was under consideration, April 29." Decided well taken by the Speaker (Journal H. R., 1885, p. 903.) (See also Legislative Record, May 14, 1907, p. 5429; Legislative Journal, April 4, 1911, p. 1152.) AMENDMENT-Continued. Defeated on Second, Cannot be Offered on Third Reading. The point of order was raised that an amendment having been voted down on second reading of a bill, it was not in order to offer it on third reading. Decided well taken by the Speaker. (Journal H. R., 1897, p. 921.) Similar to one defeated but not to same section, is in order. The point of order was raised, That inasmuch as this amendment is similar to one already voted down and provides for the very same thing, it is out of order. The Speaker decided the point of order not well taken because the amendment offered is to another section of the bill. (Legislative Record, March 28, 1907, p. 1845.) To Senate Amendments must be Printed before Senate Amendments are Concurred in. A House bill having been returned from the Senate with amendments, in which the concurrence of the House is requested, said amendments were amended by the House, and upon the question of concurring in the Senate am ndments as amended, the point of order was raised "that the question could not be considered at this time". The Speaker decided that the amendments made by the House to the bill must first be printed and placed on the files of the House before the final vote on concurrence in the amendments made by the Senate as amended by the House could be taken. (Journal H. R., 1893, p. 1473.) Motion to Concur in Senate, not in Order after House has non-concurred. On a motion to concur in the amendments made by the Senate to a House Bill. The point of order was raised that this motion is out of order because the House has already non-concurred. The Speaker decided the point of order well taken. (Legislative Journal, June 27, 1913, p. 5409; Journal H. R., p. 5834.) Reconsideration of vote non-concurring in, not in order after five days. On a motion to reconsider the vote by which the House non-concurred in the Senate amendments to a House Bill, The point of order was raised, That the House non-concurred in these amendments more than five days ago and the motion is out of order for that reason. The Speaker decided the point of order well taken. 5424; Journal H. R., p. 5852.) Substitute bill offered as, does not lie over for printing. A Senate Bill was being considered on third reading, (Legislative Journal, June 27, 1913, p. That this bill having been substituted as an amendment to a House Bill must lie over for printing as all other amended bills do. The Speaker decided the point of order not well taken. (Legislative Record, April 10, 1903, p. 3445; Journal H. R., p. 2097.) Striking out a Portion of Bill, does not Require Reprinting of Bill. A House Bill having been amended on third reading by striking out a portion of the bill. The point of order was raised. That the bill having been amended must lie over for printing. The Speaker decided the point of order not well taken, the amendment being a strike out, the bill is properly before the House for consideration on final passage. (Legislative Record, April 5, 1909, p. 2477.) Manner of Offering and Adopting, where Entire Sections are Stricken out. The Speaker decided "that a motion to amend by striking out all of a section and inserting a new one was not in order; that where a section is voted down there is nothing left to amend; that if an entire new section is offered as a substitute it is in order, but amendments to the substitute cannot be considered until the substitute is adopted." (Journal H. R., 1893, p. 1012; and Legislative Record, 1893, pp. 1461 and 1463.) Rejected, not in order to discuss. The point of order was raised, order. That the amendments having been rejected by the House, a discussion of the same is not in The Speaker decided the point of order well taken. (Legislative Journal, April 12, 1915, p. 1492.) Discussion of, on third reading, not in Order until unanimous consent is obtained. A bill was on third reading, when unanimous consent was asked for the insertion of amendments. The point of order was raised, That there is nothing before the House but the obtaining of unanimous consent, and discussion of the amendments is out of order. The Speaker decided the point of order well taken. (Legislative Journal, March 2, 1921, p. |