this State of one-half mill on the dollar, be and the same is hereby repealed."

On the question,

Will the Senate agree so to amend?

The Senator from Allegheny (Mr. Penney) raised a question of order, "on the ground that the amendment was inconsistent with the section, and changed its entire meaning, and that it also changed a bill from a private to a public bill, of a wholly different character."

The Speaker decided the point of order to be not well taken. From this decision an appeal was taken by Mr. Penney and Mr. Clymer. The Senate sustained the decision of the Chair. [Senate Journal, 1862, p. 609.]

SAME DAY IN THE EVENING.-The question recurring on the proposed amendment of the Senator from Northumberland, (Mr. Bound,)

A motion was made by Mr. Penney and Mr. Irish, To amend the amendment, by adding to the end thereof as follows, viz:

"And that so much of the act of Assembly, approved the 7th day of March, 1861, entitled 'An Act for the commutation of tonnage duties, as releases any railroad companies in this Commonwealth from the payment of any moneys due the Commonwealth for tonnage duties, at the time of the passage of said act, be and the same is hereby repealed.”

The Senator from Franklin (Mr. M'Clure) raised a question of order, on the proposed amendment to the amendment.

The Speaker decided the point to be well taken, and ruled the amendment to the amendment to be out of order. No appeal was taken from the decision of the Chair. [Senate Journal, 1862, p. 610.]

The first section of a bill, entitled "An Act to tax tonnage or transportation, and the gross receipts of certain corporations," being under consideration, a motion was made to amend the bill, by striking therefrom all after the enacting clause, and inserting the following, viz: “That the act, entitled ‘An Act for the commutation of tonnage duties,' approved 7th day of March, A. D. 1861, be and the same is hereby repealed." The Speaker decided the amendment to be out of order; from which an appeal was taken. The Senate sustained the decision. [Senate Journal, 1863, p. 743.]

The Speaker decided that the Senate having postponed, indefinitely, a motion to re-consider the vote by which the Senate agreed to the fourth section, such indefinite postponement did not involve a postponement of the bill under consideration. An appeal was taken. The Senate sustained the decision of the Speaker. [Senate Journal, 1864, p. 1031.]

A resolution having been read in place, entitled "A joint resolution to ratify the amendments to the Constitution of the United States relating to slavery," said resolution was referred to the Committee on Federal Relations; whereupon, on motion, said committee was discharged from its further consideration. Upon motion, the Senate proceeded to the consideration of the resolution, and resolved itself into a committee of the whole for that purpose. The chairman reported the resolution to the Senate as committed; when a motion was made to proceed to the second reading and consideration of the same. Whereupon, a question of order was raised, that it required a two-thirds vote of the Senate to proceed to the second reading of the bill on

the same day, on the ground that the fourteenth rule of the Senate enjoins, "That every bill shall receive three readings previous to its being passed, which readings shall be on different days;" and the twenty-sixth rule enjoins, that "The consent of two-thirds of the members present shall be necessary to dispense with any rule." The Speaker decided the point of order not well taken. The Senate sustained the decision. [Senate Journal, 1865, p. 150.]

The Speaker decided that "An Act to incorporate the cemetery at M'Kee's Rocks, Allegheny county," was not in order. [Senate Journal, 1865, pp. 153, 189.]

The Speaker decided that it was not in order for a Senator elect to present a paper to the Senate before he was qualified. [Senate Journal, 1866, p. 6.]

The Speaker decided that it was not in order to receive a paper from persons elected as Senators previous to their being qualified. The Senate sustained the decision. [Senate Journal, 1867, p. 6.]

The Speaker decided that it was not in order for the Senate to instruct a committee of conference. The Senate reversed the decision. [Senate Journal, 1868, pp. 430, 431.]

The Speaker decided that the previous question cut off a motion to postpone indefinitely. The Senate sustained the decision. [Senate Journal, 1868, p. 914.]

The Senate having voted down a certain bill, some weeks after a bill on the same subject was originated by the House, and passed and sent to the Senate. The Speaker decided it out of order to consider any bill containing provisions on a subject similar to one

defeated heretofore at the present session. An appeal was taken, and the decision of the Chair sustained. [Senate Journal, 1870, p. 1092.]

The Speaker decided that an amendment, directing that the name of a Senator, whose seat was contested be omitted in calling the yeas and nays on the resolution before the Senate, relating to the right of such Senator to a seat in that body, was not in order. An appeal was taken and laid on the table. [Senate Journal, 1871, p. 125.]

A question of order was raised, that a Senator should not vote upon a question affecting his seat in the Senate. The Speaker submitted the question to the Senate, and it was decided that the question of order was not well taken. [Senate Journal, 1871, p. 127.]

"An Act to authorize certain persons to view and lay out a State road in the counties of Schuylkill and Berks," being before the Senate, it was so amended as to make its provisions apply only to Schuylkill county. A question of order was raised, that as the provisions of the bill, as amended, only applied to one county, it came within the jurisdiction of the courts, and was, therefore, out of order. The Speaker submitted the question of order to the decision of the Senate, and it was decided in the affirmative. [Senate Journal, 1871, p. 1419.]

"A supplement to an act to authorize the city of Lancaster to borrow money," &c., being before the Senate, a motion was made to amend, by adding new sections in relation to elections, &c., when a question of order was raised, that the amendment was not in order, not being germane to the bill.

The question was submitted to the Senate and decided in the negative. [Senate Journal, 1871, p. 142.]

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 order, it being in violation of the tenth 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 adjournment. [Senate Journal, 1872, p. 1154.]

The Speaker decided that when to strike out had just been inserted in committee of the whole, it was not in order to move to strike out an amendment which had just been inserted. [Senate Journal, 1873, p. 821.]

The Speaker decided that bills were out of order over which the courts have jurisdiction. [Senate Journal, 1873, p. 975.]

The Speaker decided that it was not in order to consider a bill which had been previously postponed, and which required the vote of a majority of Senators present to bring it 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.]

The Speaker decided that in a committee of conference on the appropriation bill, the differences 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.]