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A motion is then made by a member, “that the members present do now, in contormity with the ninth section of the second article of the Constitution, proceed to the election of a Speakor." This motion being stated by the Clerk, and adopted by the House, nominations are inade; after which the Clerk proceeds to call over the names of the members, each member announcing distinctly when his name is called, the person for whom he votes. When the call of the roll is gone through with, the Clerks add up the number of votes given for each person voted for, and the result is announced to the House by the Clerk. If any one candidate receives a majority of all the votes cast, he is declared elected Speaker.
The Chief Clerk and other officers of the House are then elected, after which the House is ready to consider any business which may be presented.
OF THE GENERAL POWERS AND DUTIES OF THE PRESIDENT OF THE SENATE AND
SPEAKER OF THE HOUSE. There are certain duties pertaining to the offices of President and Speaker which are not necessary to be specified by rule, being so obviously proper and right as to be indisputable.
1. He calls the Assembly to order at the time fixed for the meeting, and ascertains the presence of a quorum.
2. He causes the journal of the preceding session to be read and passed upon by the Assembly.
3. He andounces the business and lays it before the Assembly, in the order in which it is to be acted upon.
4. He receives any propositions made by members and puts them to the Assembly and declares the determination of the body.
5. He decides all questions of order, subject to an appeal to the Assembly.
He is the representative of the body itself, in its powers, its proceedings and its dignity.
He gives notice and signs in the presence of the body all acts, orders, addresses and joint resolutions.
11. When a legislative body is engaged in its judicial functions, it is the duty of the presiding officer to conduct the proceedings, to put questions to parties and witnesses, and to pronounce the sentence or judgment.
12. When the Assembly is engaged in any of its high administrative functions, or in matters of state or ceremony, as, for example, when a member or other person is to be reprimanded or thanked, the presiding officer is the mouthpiece and organ of the body.
13. The President pro tempore of the Senate and the Speaker of the House are always members, and may present petitions, memorials and remonstrances sent to them. They possess the right to vote as other members, on all questions hefore the body, and may leave the chair and address the body on any question. The Lieutenant-Governor, as President of the Senate, only votes when there is a tie.
BILLS IN PLACE. All bills read in place in the Senate and House of Representatives must be presented in triplicate before presenting same it is the duty of the member to fold them up in a neat form (about three and one-half inches by eight and one-hall inches) and indorse on the back of each the title of the act and following this he signs his name with county and date of presentation. The extra coples ere marked "duplicate" at the top.
FORM OF ENDORSEMENT.
Title of the Bill.
Name of Member,
Senate (or H. R.)
Jan. 2, 1923.
In the Senate when the order of business of reading bills in place is reached the Senator who desires to present a bill, a rises, and, addressing the Chair, says: “Mr. President, I read in my place, and present to the Chair, a bill, entitled "(here he states the title of the bill.)" The President says: “The Senator from..
... County, Mr... reads in his place and presents to the Chair a bill, entitled (here he reads the title); which is referred to the Committee on
To prevent confusion in the House of Reprenentatives, a Member who desires to introduce a bul, first endorses the same and then deposits it, together with the duplicate properly endorsed, In a box which is in the custody of the Chief Clerk. At the close of each day the Chief Clerk presents all the bills that have been left in his custody during the day to the Speaker for re nee hy him to appropriate committees. The next succeeding day after the Journal has been approved the hills are reported to the House by the Speaker, with the appropriate committee references written thereon.
All hills and joint resolutions presented in either the Senate or House of Representativas most be presented in triplicate :-one copy for the use of the committee, one for the use of the press and one for the use of the printer.
OF RESOLUTIONS. In general, the parliamentary meaning of "resolution" is the expression of the will of the House in regard to any subject hefore it, public or private; as, for example, that the use of the hall be granted for a particular purpose : that the Honse will adjonrn at a partimlar time; that certain companies be required to furnish statements, et cetera. Ir information is desired from any of the departments, or from the Executive, the resolution assumes the form of a request, as for example: "Resolved, That the Auditor-General be requested to turnish the House of Senate with a statement," et cetera.
This, however, is indeed but an expression of will; the House, by the resolution, doing nothing more than declaring it to be their will that the 'Auditor-General be requested to furnish the statement.
When a member is desirous of bringing before the House any proposition for its determination, he writes it out in the form of a resolution, in a plain legiule hand, and as so as the Speaker announces that original resolutions are now in oruer, he arises in his place and says: Mr. Speaker (or Mr. President), I offer the following resolution." The Speaker then says: "The geutleman from
offel's the following resolution, the resolution will be read." As soon as the Clerk has read it, the Speaker says: What oruer will the House take upon the resolution?'' Generally the
response is, "Second Keading The Speaker then puts the question, "Will the House or Senate proceed to the second reading and consideration of the resolution?" If this is decided in the attirmative, the Clerk is directed to read the resolution again, when it is regularly before the House for its action. But no amendment can be offered to the resolution, or any motion made in regard to it, until it is in possession of the Senate or House, which is when the body has agreed to proceed to its second reading, Before that time it is always in the power of the moi er to withdraw it. If the House refuses to proceed to the second reading, the resolution is then considered as rejected for that time, although the mover is not thereby precluded from moving on the next uuy, that the House do now proceed to its second reading, or on another day again otřering the resolution. As soon
as the Senate or House has agreed to the second reading of the resolution, and it has been read by the Clerk, if it be a resolution that can be considered without reference to a committee, it is then subject to amendment, and the anendinent while under consideration, is also subject to amendment; but there can be no amendment of an amendment to all amnendment, because this would be an amendment in the third degree, and would tend rather to einbarrass than facilitate business. If the resolution contain two or more distinct propositions, it may he !. vided, and a vote had on each division separately. A resolution may be amended by striking out all after the word “Resolved," and inserting different inatter, if upon the same subject as the original related to.
In the Senate, resolution on the following subjects, after being twice read, must be referred to an appropriate committee without debate (unless by unanimous consent the Senate shall other. wise direct), and, if favorably reported by the committee, shall lie over for one day for consideration, after which they may be called up under their appropriate order of business, viz: All Senate and House concurrent resolutions (excepting resolutions in reference to adjuuriments and those recalling bills from the Governor, which are regarded as privileged); telutious containing calls for information from the heads of departments, or to alter the rules: and resolutions giving rise to debate, (except such as relate to the disposition of matters im. mediately before the Senate, to the business of the day on which offered, and to adjournment or taking a recess.)
In the House, after being twice read, all resolutions recalling bills from the Governor; recalling bills from one House to the other; requesting information from heads of departments : those relating to adjourminent; discharging committees from further consideration of bills, and placing negatived bills upon the calendar; also those emanating from the Committee on Rules are given immediate consideration. All others, after being twice read, are printed and lie over for one day, after which they may be called up under their appropriate order of business.
resolutions, being in the nature of bills, cannot be subinitted to the House under the head of original resolutions. They are deposited with the Chief Clerk, the same as bills, who presents them to the Speaker for reference to Committees.
Concurrent resolutions are those on which the action of both Senate and House are required, and are treated in each House the same as original resolutions.
OF LETTERS, PETITIONS, ET CETERA. If a letter, petition, memorial or remonstrance be sent to a member to be hy him presented to the House or Senate, his first duty is to fold it up in a neat form (abont three and onehalf inches by eight and one-half inches) and endorse on the back of it, in brief, the subject ou which it treats, and immediately above this statement he signs his name and county, and indorses the date. For example, a member has a petition for the passage of a bill, et cetera, be indorses it in this way: "The petition of the inhabitants of .... praying." et cetera.
All petitions, letters, memorials or remonstrances after being properly endorsed are filed by the member with the chief clerk, who presents them to the presiding officer, by whom they are referred to appropriate committees.
ENDORSEMENT ON PETITION.
Name of Member, County
Substance of Petition.
Jan. 2, 1923.
ACTION ON BILLS BY STANDING COMMITTEES. When a bill has been referred to a standing committee, for its consideration, by means of bille read in place by a member, the committee, as soon as they have completed the eraminati, make report of the result of their deliberations to the House, and this report varies, according to the circumstances of the case.
Suppose, for example, a mem?:er should read in his place a bill, and this bill has heen, in the usual course of business, referred to the appropriate committee. Should the committee agree to report the hill affirmatisely, they would give it in charge of one of their number, to be ri ported, the secretary first indorsing the name of the member on the hack, the name of the cominittee, and words was committed." In case the committee made amendments, the secretary would then indorse on tie bill the words, “with amendments." If a committee recommende that a bill be negatived, the secretary indorses the words "neg. rec." on the back. It the hill committed to a House committee for examination was a Senate hill, and no amendments mert made, the secretary would indorse on it the words "as committed, and it Amendments Rep made, the indorsement would he the same as in the case of a House bill. Similar action should be taken in the Senate committees on House bills.
AMENDING BILLS IN COMMITTEE.
Whenever a conimittee, to whom has been referred a bill for examination, make amendments to it, care should be taken to indicate them in such a way as to be readily comprehended by the clerks, and in the House, in case of a Senate bill, to each amendment should be annexed, on the margin of the bill, the words "H. C. Amdt.,' which means "House committee amendment.' In the Senate, the amendments to House bills should be "Sen. Amdt." When these marks are used, it can always be ascertained whether the amendment was first made by the committee or the House, which sometimes becomes important. But no part of any bill should be mutilated. A line should be drawn around such words or parts of words intended to be stricken out. No amendinents made in pencil can be entertained. In the House red ink is used in indicating amendments inade to Senate bills.
ACTION ON BILLS IN THE SENATE AND HOUSE.
When a bill has been reported by a committee and printed, it is placed on the calendar of bills first reading, is read the first time at length, and under the rule cannot be amended but is simply agreed to, and laid aside for second reading. When the order is reached of bills on second reading in the House, the Speaker announces the number and title, and the bill is committed to the committee of the whole (unless the committee of the whole should be dispensed with.) The Speaker then calls a member to the chair. The chairman directs the clerk to read the first section, after which he puts the question upon the section, and so on through the whole bill. As each section comes up it is subject to debate and amendment, but the yeas and nays cannot be called, nor can any question of privilege be raised in committee of the whole. When the last section has been acted on the chairman announces the fact, and then suys, “The bill has been gone through with," and the coinmittee rise and the chairman reports the bill back to the House, stating whether with amendments, as committed, or negatived, as the case may be. After being reported, the Speaker says, "Wili the House agree to the report of the Committee of the Whole?" If agreed to, and the bill baring already been read through in committee of the whole, the Speaker says, **The bill is before the House on second reading." The bill is then open for debate or motion to amend in any part. In the Senate, the chairman, if reporting the bill from the Comınittee of the Whole with aniendments, moves that they be inserted and if agreed to, the amend. ments are entered in the Journal, and the same course is followed as in the House. But in neither House can
the title be acted on by any committee. Should the Committee of the Whole be dispersed with, then the bill must be read through by sections on second reading, and as each section is read, the question is stated to the House by the Speaker, and the section is subject to debate or amendment. When the last section has been agreed to, the next question is upon the title, that being agreed to, the next step is the transcribing of the bill, and the Speaker says: "This bill has now been read a second time, considered and agreed to: the question will be on transcribing the bill for a third reading. Shall the bill be transcribed ?'' This is usually agreed to, but should an opposition to it be manifested, the Speaker must take the sense of the House regula'ly upon it, for the form stated has only been adopted to save time on a question wlich, in most cases, is never opposed. The bill being thus ordered to be transcribed, lies over and comes up on the calendar of bills on third reading. When a bill is reached on third reading, after the bill has been read through, the Speaker say8: *This bill has now been read a third time; the question is on agreeing to the bill the third tiine." If agreed to, the next question is on its final passage, when the Speaker says: "This Lill has been read three times at length on three separate days, considered and agreed to, the question is now on its tinal passage. Agreeably to the provisions of the Constitution the yeas and ways will be taken, on the final passage of the hill." If the bill passes, an order follows, of course, which should always be stated by the Speaker, in the case of House hills : "The clerk will present the same to the Senate for concurrence;" in case of Senate bills without amendment, "The clerk will return the same to the Senate with information that the House of Representatives has passed the same without amer.dment," in case of Senate bills with amendments. The Clerk will return the same to the Senate with information that the House of Representatives has passed the same with amendments, in which the concurrence of the Senate is requested, If the oill considered should be a Senate bill, and not a House bill, the same proceedings are had and the form varies in only two particulars : The first is after the title is agreed to on the second reading, instead of the Speaker saying, as in case of House bills, “Shall the bill be transcribed for a third reading?” he says, “Shall the bill be prepared for a third reading?" because the bill was transcribed before it came from the Senate, each House transcribing its own bills; and second, when the bill comes up on third reading. instead of saying, “This bill has now been read a third time," he says: "This bill originated in the Senate; it has been read three times at length and agreed to, the question is on its final passage, and then orders the yeas and nays to be called on the final passage of the bill. In the Senate, the same form is followed with House bills.
When a bill is on third reading, suppose it is desirahle still further to amend it, the member desirous of doing so arrives in his place, and says: "Mr. Speaker, I move that the bill be committed to the Committee of the Whole House, for the purpose of amending the same, as follows, siz: (here he states the amendment.) If this motion is decided in the affirmative, the House then resolves itself into Committee of the Whole, and the amendment is inserted, and the chairman, as in other cases, leaves the chair, goes to his seat, and says: "Mr. Speaker, the Committee of the Whole, to which was committed, for special amendment, bill No. entitled "An act
has instructed its chairman to report the saine, amended in accordance with the instructions of the House, and if no further motions of a like character should be made, the question of agreeing to the bill on third reading is then taken, and the result announced. But if the member desires that the whole bill should he open in conimittee for amendment, he moves, "that the bill be committed to the Committee of the whole for general amendment;" and if this motion should be adopted, and the bill be so committed, and ameridments are made, the chairman merely reports the bill with amendments;" the Speaker then puts the question, “Will the H014 agree to the report of the committee?" After decision, the question is a gain put on agreeing to the hill the third time.
Very similar action is hal in the Senate, except when general amendments have been made in Committee of the whole and the report is agreed to, the question is put, “Will the Senate agree to the bill as amended ?" In case
a hill has been amended upon its second or third reading it must be printed, with the amendments, before the vote is taken on its final passage.
FORMS OF MESSAGES FROM ONE HOUSE TO THE OTHER. When the Clerk has but one bill to take from the House to the Senate for concurrence the form is
"The Clerk of the House of Representatives being introduced, presented for concurrence, bill No. 1, entitled 'An act for the protection of laborers.'"
1 If there be two or more bills, the form is-
**The Clerk of the House of Representatives being introduced, presented for concurrence, bills numbered and entitled as follows:--
No. 1. 'An act for the protection of laborers.'"
If there be in connection with bills for concurrence, Senate bills, without amendment, the form is
*The Clerk of the House of Representatives being introduced, presented for concurrence, bills numbered and entitled as follows:
*No. 1. An act for the protection of laborers.' ".
"With information that the House of Representatives has passed the same without amend ment."
If the Senate bills have amendments, the form is
"The Clerk of the House of Representatives being introduced, presented for concurrence, bills numbered and entitled us follows:
"No. 1. An act for the protection of laborers.'"
"With information that the House of Representatives has passed the same with an amendment (or amendmenis), in which the concurrence of the Senate is requested.'
But suppose the Senate had passed a bill from the House, No. 1 for example, with amend. ments, and the House has concurred in them, the following would be added to the adore message:
"He also informed the Senate that the House of Representatives has concurred in the amend. ments made by the Senate to the hill from the House of Representatires, entitled
**No. 1. An üct for the protection of laborers.'”
Should the House non-conrur in the amendments made by the Senate to the bill then the information is the same, except that the word non-concurred is used instead of concurred.
If the House, however, concurs in the Senate amendments with an amendment, the informatioc in the message is :
"He also informed the Senate that the House of Representatives has concurred in the amerdments made by the Senate to the bill from the House of Representatives, entitled
"No. 1. 'An act for the protection of laborers.'
But suppose the House should concur in one amendment made by the Senate to the bill and non-concur in the other, the inforniation to be given would be:
“He also informed the Senate that the House of Representatives has non-concurred in the first amendment made by the Senate to the bill from the House of Representatives, entitled
"No. 1. 'An act for the protection of laborers,' and has concurred in the second."
And if the House should concur with an amendment, then is added : “And has concurred in the second, with an annendment in which the concurrence of the Senate is requested."
Suppose, again, that the House of Representatives concur in the amendments made by the Senate to amendments made by the House of Representatives to said bill, the information would be:
“He also informed the Senate that the House of Representatives has concurred in the ameni.
"No. 1. 'An act for the protection of laborers.'"
If, in all these cases, the House or Senate should recede, insist or adhere to any amendments made by them, respectively, to a bill, then the form used is precisely the same as those already given, except the words recede, insist or adhere, are used, as the case may be.
If the House insists, then follows the appointment of a committee of conference, and the information to be given is:
“He informed the Senate that the House of Representatires insists upon its amendments, 709. concurred in by the Senate, to the hill from the House of Representatives No. 1. entitle! Ther state the title) and has appointed Messr3. A. B., C. D., and E. F., a committee of conference, to confer with a similar committee of the Senate; If the Senate shonld appoint such committee, on the subject of the differences existing between the two Houses on said bill."
If the Senate should have already appointed a committer. then the words reed. instead of it the Senate should appoint a committee," are “alreaciy appointed by the Senate, thus charging the forms to suit the circunstances.
If the House should pass a resulution, which requires the concurrence of the Senste, the form of the message is :
"The Clerk of the House of Representatives hoing introduced, presented the following extract from the Journal of the House of Representatires:
(Flere follows the resolution, with the date of its passage)
CERTIFICATES ATTACHED TO BILLS PASSED OVER VETO, AND TO BILLS HELD TEN
The following forms are used when hills herome laws, in any of the modes prescribed by the Constitution, other than by the approval of the Executive.
When a bill has not been returned hy the Exerutive within ton dars after it has been perearted to him for his approval, the following rertificate is attached, which the clerk of the Senate and Honse of Representatives both rim, the clerk of the body in which the bill originated signing firsts and they then send the bill to the Secretary's office:
We do certify that the bill (here insert title), vas presented to the Gorernor on the day of ... one thousand nine hundred and
.., and was not returned within ter days (Surlays excepted) after it had been presented to him; wlierefore it has, Agreeably to the Coustii ulival of this Commonwealth, become a law in like manner as if he had signed it.
Clerk of the House of Representatives.
Clerk of the Senate. Harrisburg (date).
When a bill has been disapproved by the Executive, and both Houses hare passed it by the constitutional majority of two-thirds, there must be two certificates, one for each House, and signed by the Speaker and Clerks, as follows:
Wo do certify that the hill, entitled here insert title), which has been disapproved by the Gorernor, and returned, with his objertions, to the House of Representatives for Senatei, in which it originated, was passed by two-thirds of the House of Representatives, on the day of... one thousand nine hundred and..
and the foregoing is the act so passed by the House.
Speaker of the House of Representatires.
Clerk of the House of Represesitatives. Harrisburg (date).
WM do cortify that the hill (herr insert title), whirh has been disapproved by the Governor. and returer with his ohjections, to the House of Representatives (or Serate), in which it originate! was passed by two-thirds of the Senate, on the
one thousand nine hundred and
and the foregoing is the art so passed by the Senate.
President of the Senate.
The Speaker and Clerk of the House in which the bill originated sign the first certificate, and then the President and the Clerk of the other louse the second.
OATH OF PUBLIC OFFICERS.
The oath required hy the Constitution to be administered to Senators and Representatives, Judicial, State and comty officers, is, as follows:
"I do solemnly swear (or affirm) that I will support, obey and defend the constitution of the United Staies, and the Constitution of this Commonwealth, and that I will discharge the duties of my office with fidelity, that I bare not paid or contributed, or promise to pay or contribute, either directly or indirectly, any money or other valuable thing to procure my nomination or election (or appointment), except for necessary and proper expenses expressly authorized by law ; that I hare not knowingly violated any election law of this Commonwealth, or procured it to be done by others in my benalf; that I will not knowingly receive, directly or indirerily, any money or valuable thing for the performance or non-performance of any act or duty pertaining to my offee other than the compensation allowed by law."
The foregoing oath shall be administered by some person authorized to administer oaths, and in SA of State oificers and judges of the Supreme Court, shall be filed in the olce of the Secretary of the Commonwealth, and in the case of the other judicial and comty officers, in the office of the prothonotary of the county in which the same is taken. The oath to the meinberg of the Senate and House of Representatives shall be administered by one of the judges of the Supreine Court, or of a court of common pleas, learned in the law, in the Hall of the House to which the members shall be elected.
COUNTING THE VOTE FOR GOVERNOR, LIEUTENANT-GOVERNOR, AUDITOR-GENERAL,
STATE TREASURER, AND SECRETARY OF INTERNAL AFFAIRS.
When the Legislature meets after an election for any of the above named officers, the two Houses, either by a resolution direct or through a committee appointed for the purpose, fir the time and place for opening and publishing the returns of the election. T time is usually, in case of the Governor and Lieutenant-Governor, twelve o'clock M., on the Thursday preceding the day of their inauguration, and the place, the House of Reprenentatives, in the presence of the two Houses Each House appoints a teller, and notifies the other in advance of the meeting.
A committee from the House of Representatives waits on the Senate a few minutes before the meeting, and escorts the President and members of the Senate to the place of meeting. when the President of the Senate, or in his absence, the President pro tempore, takes the chair of the Speaker of the House, and, after order 18 restored, says: *"This being the day and honr agreed upon for opening and publishing the returns of the election for Gorernor (held on Tuesilay next following the first Monday in November last), the clerk of the Senate will read over the returns from the several counties and the tellers take down the number of rotng given for each person voted for as Governor." The Clerk then proceeds to read aloud the returns, and the tellers to note down the number of votes, and so on until all the returns from the several counties are read over. A computation is then made. When this is done the result is announced by the President of the Senate, and the certificate of plertion signed by the l''resident of the Senate and the Speaker of the House of Representatives, and attested by the tellers, as follows:
FORM OF CERTIFICATE OF ELECTION OF GOVERNOR AND OTHER STATE OFFICERS.
“We, the President of the Senate and Speaker of the House of Representatives of the Commonwealth of Pennsylvania, do certify that the President of the Senate, did on the... day of A. D. one thousand nine hundred and.
in the Hall of the House of Representatives at the State Capitol, open the returns of the plection for Governor of this Commonwealth, and publish the same in the presence of both Houses of the Legislature, con. fortably to the provisions of the Constitution and laws, of said Commonwealth, and upon counting the votes by a teller appointed on the part of each House it appeared that
had the highest number of voter: whereupon the said.
was declared to have been duly elected Governor of the Coinmonwealth. In testimony whereof, we have hereunto set our hands and affixed our seals the day and year above written.