is called on the call of ayes and noes, on any vote about to be taken, his vote shall not be received unless unanimously agreed to by the members present: nor shall a member be counted on a division of a vote, who was absent, or without the bar of the Senate without leave. XXX. Any rule may be suspended by a concurrence of two-thirds of the members present: and any additional rule, or amendment of a rule may be offered, by giving one day's notice, and the concurrence of two-thirds of the members present. XXXI. The unfinished business in which the Senate was engaged at the last preceding adjournment, shall have the preference in the special orders of the day. XXXII. When the ayes and noes shall be taken upon any question, in pursuance of the above rule, no member shall be permitted, under any circumstances whatever, to vote after the decision is announced from the chair. XXXIII. All bills on a second reading, shall first be considered by the Senate in the same manner as if the Senate were in Committee of the Whole, before they shall be taken up and proceeded on by the Senate, agreeably to the Standing Rules, unless otherwise ordered. XXXIV. The final question upon the second reading of every bill or resolution originating in the Senate, and requiring three readings previous to being passed, shall be, "Shall it be engrossed and read a third time?" and no amendment shall be received for discussion at the third reading of any bill, resolution, amendment or motion, unless by unanimous consent of the members present; but it shall at all times be in order, before the final passage of any such bill or resolution, to move its commitment under special instructions, and should such commitment take place, and any amendment be reported by the committee, the said bill or resolution shall be again read a second time, and considered as in Committee of the Whole, and then the aforesaid question shall be put. XXXV. The titles of bills, and such parts thereof, only, as shall be affected by prc. posed amendments, shall be inserted in the Journals. XXXVI. The proceedings of the Senate, when not acting as in Committee of the Whole, shall be entered on the Journal as concisely as possible; care being taken to record a true and accurate account of the proceedings. But every vote of the Senate shall be entered on the Journal, and a brief statement of the contents of such petition, memorial, or paper, presented to the Senate, shall also be inserted in the Journal. XXXVII. Messages are introduced in any state of business, except while a question is being put, while the ayes and noes are calling, or while its ballots are counting. XXXVIII. Places may be assigned to Reporters by the President. XXXIX. In case of any disturbance or disorderly conduct in the lobbies, the President (or Chairman of the Committee of the whole Senate) shall have the power to order the same to be cleared. XL. The previous question shall be in this form: "Shall the main question now be put?" It shall only be admitted when demanded by a majority of the Senators present, and its effect shall be to put an end to all debate, and bring the Senate to a direct vote upon amendments reported by a Committee, if any, upon peuding amendments, and then upon the main question. On a motion for the previous question, and prior to the seconding of the same, a call of the Senate shall be in order; but, after a majority shall have seconded such motion, no call shall be in order prior to a decision of the main question. XLI. On a previons question, there shall be no debate. All incidental questions of order, arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate. XLII. A President, pro tempore, shall be elected, whose powers shall be co-extensive with the President, and shall, in the absence of the President, take the chair, and call the Senate to order at the hour of the meetings of the Senate. XLIII. When the Senate is equally divided, the Secretary shall take the decision of the President. A Sergeant-at-Arms shall be appointed, to hold his office during the pleasure of the Senate, whose duty it shall be to attend the Senate during its sittings, to execute the commands of the Senate, from time to time, together with all such process, issued by authority thereof, as shall be directed to him by the President. The actual expenses of the Sergeant-at-Arms, for every arrest, for each day's custody and releasement, and for traveling expenses for himself or special messenger, going and returaing, shall be paid out of the contingent fund, and no other fees shall be paid him beyond his pay per diem. It shall be the duty of the Sergeant-at-Arms to keep the accounts for pay and mileage of members, to prepare checks, and if required so to do, to draw the money on such checks, for the members (the same being previously signed by the President, and endorsed by the member or person to whom the check is made,) and pay over the same to the member or person entitled thereto. XLIV. It shall be the duty of the Door Keeper to prohibit all persons except Senators, Members of the Assembly, officers of the two Houses, and such Reporters as have had seats assigned them by the President, from coming with n the bar of the Senate, unless invited by the Senate through the President, and to arrest for contempt, all persons outside of the bar, or in the gallery, found engaged in loud conversation, or otherwise making a noise, to the disturbance of the Senate. Mr. Shaw moved to increase the number of the Committee on Printing from three to five. Accepted. Mr. Day moved to increase the number of the Committee on Education from three to five. Accepted. Mr. Ashley offered the following additional rule. XLV. No bill or other matter shall be printed, without first being specially ordered by the Senate, and the Sergeant-at-Arms shall certify to the reception by the Senate of all such printed matter, and the quantity before payment shall be made, or bills audited, and maps accompanying documents, shall not be printed under the general order to print, without the special direction of the Senate. Two hundred and forty (240) copies shall be printed, of each document, or other matter ordered, unless the Senate specially direct a different number. The report was accepted. Mr. Flint offered the following amendment to rule 27 : Rule 27-The Senate shall convene at 10 A. M., unless otherwise ordered by the Senate, and such order shall not extend to more than one day in advance. Accepted. Mr. Ashley offered the following additional rule: "In filling up blanks, the least term and shortest time shall be first put." Accepted. On motion, the rules and orders reported by the Committee were adopted as amended. Mr. Mandeville moved that the same be engrossed and 240 copies printed. Adopted. Mr. Mandeville moved that a Committee of two be appointed to report Joint Rules for the government of the Senate and Assembly. The President appointed the following gentlemen: Messrs. Rust and Hook said Committee. The following message was received from the Governor: EXECUTIVE DEPARTMENT, To the Hon. the Senate and Assembly of the State of California: I have this day appointed William H. Rhodes, Esq., the Governor's Private Secretary. J. NEELY JOHNSON, Governor of California. On motion of Mr. Hawks the Senate went into Executive Session : EXECUTIVE SESSION. After some discussion, Mr. Shaw offered the following resolution; Resolved, That the Senate do not deem it necessary to be consulted or to act upon the appointment of Private Secretary of the Governor. Adopted On motion, the injunction of secrecy was dissolved, and the Sergeant-at-Arms instructed to throw open the doors. IN SENATE. The following communication was received from his Excellency the Governor : EXECUTIVE DEPARTMENT, To the Honorable the Senate of California: } Sacramento, January 10, 1856. S I hereby nominate and appoint David F. Douglass, Secretary of State of the State of California, and respectfully ask the concurrence of the Senate therein. J. NEELY JOHNSON, Governor of California. On motion the Senate again went into Executive Session. EXECUTIVE SESSION. Mr. Mandeville moved that the communication be laid upon the table. Upon which the ayes and noes were demanded by Messrs. Mandeville, Norman and French, with the following result: Those who voted in the affirmative were AYES. Messrs. Crandall, Day, Dosh, French, Gove, Heintzelman, Hook, Lippincott, Mandeville, McNeill, Norman, Shaw and Tilford-13. Those who voted in the negative were NOES. Messrs. Ashley, Burnett, Bynum, Burton, Coffroth, Cosby, Ferguson, Fiske, Flint, Hawks, Hawthorne, McCoan, McCallum, McGee, Rust, Scellen, Waite, Westmoreland and Wilson-19. So the motion was lost. Mr. French moved to make the communication the special order for to-morrow at 12 o'clock M. |