XXXV. At any time after the expiration of five days from the time when any nomination shall be made by the Governor for the approval of the Senate, any Senator may move, when original resolutions are in order, that the Senate go into committee of Executive business, and, on the motion being agreed to, such nomination shall be considered the first order of the day until finally disposed of, unless the same shall be postponed by a majority of the Senate; but such business, when commenced, shall not be postponed for more than five days, except in case of an adjournment of the body for a longer period.

XXXVI. A proposition requesting information from the Governor, from any of the Executive Departments, or the Board of Canal Commissioners, shall lie one day on the table for consideration, unless otherwise ordered by unanimous consent of the Senate.

XXXVII. That the Librarian of the Senate be directed to keep the doors of the Senate Chamber closed on the Sabbath day to all persons, except persons who are entitled under the twenty-fifth rule of the Senate, and that he be directed to call on any officer of the Senate to aid him in enforcing this order; and that on other days, when the Senate is not in session, the officers are hereby required to strictly prohibit any lounging or loafing within the Senate Chamber, by any person not connected with the Legislature; and that henceforth no officer be permitted to occupy the seat of a Senator at any time. That it shall be the duty of the Speaker to see that this rule is enforced, and a persistent disregard of it by any officer shall be cause of dismissal by the Speaker: Provided, That this rule shall not be so construed as to prevent any

Senator from inviting a citizen to occupy a seat on the floor of the Senate at any time. [Adopted session of 1865, pp. 320, 329.]

XXXVIII. When less than a quorum vote on any subject under the consideration of the Senate, not less than four Senators may demand a call of the Senate, when it shall be the duty of the Speaker forthwith to order the doors of the Senate to be closed, the roll of the Senators to be called, and if it is ascertained that a quorum is present, either by answering to their names or by their presence in the Senate, the Speaker shall again order the yeas and nays, and if any Senator or Senators present refuse to vote, the name or names of such Senator or Senators shall be entered on the Journal as "present, but not voting," and such refusal to vote shall be deemed a contempt, and unless purged, the Speaker shall direct the Sergeant-atArms to bring such Senator or Senators before the bar of the Senate, where he or they shall be publicly reprimanded by the Speaker. [Adopted February 11, 1869.]

XXXIX. When bills which require a two-third vote are under consideration, the concurrence of two thirds of all the Senators elected shall not be requisite to decide any question or amendment, or extending to the merits, being short of the final question, and on any other question short of the final one, a majority of Senators voting shall be sufficient to pass the the same. [Adopted January 8, 1874.]

XL. Any Senator who shall have voted in the negative on a bill failing to pass, because not having the constitutional majority, shall have a right to move a reconsideration thereof, within five days of actual session thereafter. [Adopted January 8, 1874.]

XLI. No committee shall be discharged from the consideration of a bill within five days of its reference, without unanimous consent of the Senate.

Decisions of the Senate of Pennsylvania on Points of Order.

The Senate decided that the previous question, having been called on the pending question of a bill and not sustained, could be called again on the same day. [Senate Journal, 1844, p. 690.]

Decided it in order, without asking leave of the Senate, to make a motion to reconsider the vote negativing a bill on its final passage, when the order for the third reading of bills has been reached. [Senate Journal, 1844, PP. 836-7.]

Not in order to amend amendments made by the House of Represenatives, to amendments made by Senate, to a bill from the House of Representatives. [Senate Journal, 1844, pp. 935-6.]

The Senate decided that when bills on first reading being the pending order, it was not in order to proceed to the consideration of a bill not first in numerical order, without dispensing with the orders of the day. [Senate Journal, 1845, pp. 169–70.]

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.]

The Speaker decided that a bill to remove the seat of justice of a county was a private bill. From which decision an appeal was taken, and the decision susstained by the Senate. [Senate Journal, 1848, p.280.]

The Speaker decided that the defeat of the first section of a bill did not necessarily involve the de

feat 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.]

A motion for postponement being before the Senate, the previous question was called. The Speaker decided that if the call was sustained, the first question would be on the motion to postpone, and not on the bill pending. From which decision an appeal was taken, and the decision reversed by the Senate. [Senate Journal, 1850, pp. 265, 269.]

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.]

1. Has the Speaker of this body a right to rule the first section of a bill on second reading out of order, on account of its having been inserted in Committee of the Whole, by an alleged violation, on the part of the chairman, of the fourth joint rule?

2. The Wetherill divorce case, having been negatived in the Senate, is it in order, in the face of objection, under parliamentary laws, to reintroduce and consider the same proposition, either in Senate or in committee, under the fourth joint rule?

The Speaker declining to decide the above points of order, submitted the same to the Senate; and both