SUPPLEMENTARY
TO
THE BREVIER LEGISLATIVE REPORTS.
VOLUME ELEVENTH.
Standing Rules and Orders for the Government of the Senate.
IN SENATE.
TUESDAY, April 13, 1869.[IN CONTINUATION-p. 4l-FIRST COLUMN.]
Mr. STEIN, from the Committee on Rules of the Senate, reported the rules of last session with changes in rules Nos. 8, 20, 36, and 40, and inserting 37 and 38 of the session of 1867.
After debate thereon the amendments were adopted except the amendment proposed to rule 36.
So the rules for the Special Session are as follows:
1. The President shall take the Chair every day precisely at two o'clock in the afternoon during the first fifteen days of the session, and thereafter at nine o'clock in the forenoon and two o'clock in the afternoon, unless the Senate shall, by motion, have adjourned to some other hour appointed by such motion. He shall immediately call the Senators to order; and, on the appearance of two-thirds, shall cause the journal of the preceding day to be read.
2. Nine Senators with the President, or ten in his absence, having chosen a President pro tem., shall be authorized to call a Senate, compel the attendance of absent Senators, make an order for their fine or censure, and may adjourn.
3. The President shall preserve order and decorum, may speak to points of order in preference to Senators, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the Senate by any two Senators, on which appeal no Senator shall speak more than once, unless by leave of the Senate.
4. The President shall rise to put a question, i but may state it sitting.
5. Questions shall be distinctly put in this form, to-wit: "As many as are of the opinion that (as the question may be) say Aye," and after the affirmative voice is expressed, "As many as are of the contrary opinion, say No." If the President doubts, or a division be called for, the Senate shall divide; those in the affirmative of the question shall first rise from their seats, and afterwards those in the negative.
6. The President shall have a general direction of the Senate Chamber. He shall have the right to name any Senator to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment. He shall have the right to name any Senator to bear messages to the House, and to appoint all committees, subject to the addition of other Senators upon motion.
7. The President shall, when the Senate is equally divided give the casting vote.
8. Twenty-eight Standing Committees, not to exceed seven members, shall be appointed at the commencement of each session, viz:
- On Elections.
- On Finance.
- On Judiciary.
- On Education.
- On Corporations.
- On Roads.
- On Benevolent Institutions of the State.
- On Agriculture.
- On Banks.
- On Manufacturers.
- On Printing.
- On Public Buildings.
- On the State Prisons.
- On Canals and Internal Improvements.
- On the State Library.
- On Fees and Salaries.
- On Claims.
- On Military Affairs.
- On Phraseology, Arrangement and Enrollment of Bills.
- On Unfinished Business.
- On Organization of Courts.
- On Federal Relations.
- On Expenditures.
- On Swamp Lands.
- On Temperance.
- On County and Township Business.
- On Eight and Privileges of the Inhabitants of the State.
- On the House of Refuge.
9. It shall be the duty of the Committee on Elections to examine and report upon the certificates and other credentials of the Senators returned to serve in the Senate and to take into consideration all petitions, documents and evidence relating to elections, which may be referred to them by the Senate; and each o the other committees shall perform such services, and take into consideration all subjects and matters required of them by the Senate.
10. No Committee shall sit during the sitting of the Senate without special leave.
11. All questions relating to the priority of business shall be decideded without debate.
12. When any Senator is about to speak in debate, or deliver any matter to the Senate, he shall rise from his seat, respectfully address himself to the question under debate, and avoid personality. No Senator shall impeach the motives of any other Senator's vote or argument.
13. If any Senator, in speaking or otherwise, transgress the rules of the Senate, the President shall, or any Senator may, call him to order; in which case, the Senator so called to order, shall immediately sit down, unless permitted to explain; and the Senate shall, if appealed to, decide the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the Senator called to order, he shall be at liberty to proceed. If otherwise, and the case require it, he shall be liable to the censure of the Senate.
14. When two or more Senators happen to rise at once, the President shall name who is first to speak.
15. No Senator shall speak more than twice on the same question without leave of the Senate, nor more than once until every member choosing to speak shall have spoken.
16. While the President is putting the question, or addressing the Senate, no Senator shall walk across or out of the house, nor when a Senator is speaking shall any entertain private discourse, or pass between him and the Chair.
17. No Senator shall be compelled to vote on any question in the event of which he is immediately and particularly interested, or in any case where he was not present when the question was put; but appearing afterwards may, by permission, have his name called and vote.
18. Upon a division and count of the Senate on any question, no Senator without the bar should be counted.
19. Every Senator who shall be in the house when the question is put, shall give his vote unless the Senate for special reasons, excuse him. But the question of excusing a Senator shall be decided summarily, without debate.
20. When a motion is made and seconded it shall be stated by the President; or being in writing, it shall be handed to the Secretary and then read aloud before debated.
21. Every motion shall be reduced to writing, if the President or any Senator desire it.
22. After a motion is stated by the President and read, it shall be deemed in possession of the Senate, but may be withdrawn at any time before decision or amendment.
- To adjourn;
- To lie on the table;
- For the previous question;
- To postpone indefinitely;
- To postpone to a certain day;
- To commit; or
- To amend.
Which several motions shall have precedence in the order in which they stand arranged.
24. When a question is postponed indefinitely, the same shall not be acted upon during the session.
25. The previous question shall be put in this form: "Shall the main question be now put?" It shall only be admitted when demanded by a majority of the Senators voting; and until it is decided shall preclude all debate, and the introduction of all further amendments. The main question shall be the first question in order, and its effect shall be to put an end to all debate, and bring the Senate to a direct vote on the subsidiary questions then pending, in their order, and then on the main question.
26. Motions and reports may be committed at the pleasure of the Senate.
27. Any member may call for the division of a question where the sense will admit of it.
28. No new motion or proposition shall be admitted under color of amendment, as a substitute for the motion or proposition under derate.
29. When a motion has once been made and carried in the affirmative or negative, it shall be in order for any Senator of the majority to move a reconsideration thereof on the same or any other day during the session, but such mo page: 407[View Page 407]tion can be entertained but once during the same session.
30. When the reading of a paper is called for, if any objection is made, it shall be decided by a vote of the Senate.
31. The unfinished business in which the Senate was engaged at the last preceding adjournment, shall have the preference in the orders of the day, and no motion or any other business shall be received, without special leave of the Senate until the former is disposed of.
32. If a question depending be lost by adjournment of the Senate, and revived on the succeeding day, no Senator who shall have spoken twice on the preceding day, shall be permitted again to speak without leave.
33. Petitions, memorials, and other papers addressed to the Senate, may be presented by the President, or by any Senator.
34. A motion to adjourn shall always be in order, except when the previous question is pending, and shall be decided without debate. The question pending on adjournment shall be resumed on reassembling, unless otherwise ordered, by the Senate.
35. It shall be in order for the Committee on Phraseology, Arrangement and Enrollment of Bills, to report at any time when no question is before the Senate.
36. Every bill shall be introduced by motion on leave, or by order of the Senate.
37. Every bill shall receive three several readings in the Senate previous to its passage, and all bills shall be dispatched as they are introduced, unless in case of urgency.
38. The first reading of a bill shall be for information, and if opposition be made to it, the question shall be: Shall the bill be rejected? If no opposition be made, or the question to reject be negatived, the bill shall go for its second reading without a question.
39. Upon the second reading of a bill, the President shall state that it is ready for commitment, amendment, or engrossment; and if committed, then the question shall be: Whether to a select or standing Committee, or to a Committee of the Whole Senate? If to a Committee of the Whole Senate, the Senate shall determine on what days; but if the bill be ordered to be engrossed, the Senate shall appoint the day when it shall be read the third time. It shall be in order to read bills on their second reading by title, for reference, and when so referred, it shall be in order for the Committee to which they shall be referred, to report on the same with or without amendments, and the bill, when returned, shall be upon the second reading, and shall then, with the amendments proposed, if any, be read through by sections.
40. Every report of a committee upon a bill, which shall not be considered at the time of making the same, or laid on the table by a vote of the Senate, shall stand upon the general orders with a bill, and entered on the Journal.
41. After commitment and report thereof to the Senate, or at any time before its passage, a bill may be recommitted.
42. No amendment by way of a rider shall be received to a bill on its third reading.
43. When a bill shall pass, it shall be certified by the Secretary noting, at the foot thereof, the day of its passage.
44. In forming a Committee of the Whole Senate, the President leaving the Chair, shall appoint a Chairman to preside.
45. Upon bills committed to a Committee of the Whole Senate, the bill shall be first read throughout by the Secretary, and then again read and debated by clauses, leaving the preamble to be last considered. The body of the bill shall not be defaced or interlined, but all amendments, noting the page and line, shall be duly entered by the Secretary on a separate paper, as the same shall be agreed to by the Committee, and so reported to the Senate; after report, the bill shall again be subject to be debated and amended by clauses, before a question to engross it be taken.
46. All questions, whether in Committee or in the Senate, shall be put in the order in which they are moved, except that in filling up blanks, the largest sum and longest time shall be first put.
47. No motion or proposition for a tax or charge upon the people shall be discussed the day on which it is made or offered; and every such proposition shall receive its first discussion in a Committee of the Whole Senate.
48. The rules of proceeding in the Senate shall be observed in a Committee of the Whole Senate, so far as they may be applicable, except the rule limiting the time of speaking, but no Senator shall speak twice to any question until every Senator choosing to speak shall have spoken.
49. No standing rule or order of the Senate shall be rescinded or changed without one day's notice being given of the motion therefor.
50. No Senator shall absent himself from the service of the Senate, unless he have leave, or be sick and unable to attend.
51. Each officer of the Senate shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities; and shall be deemed to continue in office until another is chosen.
52. It shall be the duty of the Doorkeeper to attend the Senate during its sittings; execute all its demands and process to him given and directed; give notice of and carry all messages, either public or private, he may be required to carry; keep the Senate chamber and furni page: 408[View Page 408]ture clean and in due order, and at all times keep good and sufficient fires, when the same may be necessary; when requested to call a Senator, he shall do so by name.
53. When a reference is made of any subject to a standing committee, the Senator introducing the same shall be a member of such committee during its deliberations thereon, but shall have no power to vote.
54. The daily order of transacting business shall be as follows, viz:
- Reading and correcting the Journal of the preceding day.
- Introduction of petitions, memorials and remonstrances.
- Reports from Standing Committees.
- Reports from Select Committees.
- Resolutions of the Senate.
- Joint Resolutions.
- Bills. And
- Orders of the day:
- Messages from the House, requiring action on the part of the Senate.
- Bills on second reading.
- Bills on third reading.
55. In all joint meetings of the two houses of the Legislature, convened for a specific purpose, it shall be incompetent for this body, Or its members, to engage in such joint meetings in the transaction of any other business than that for which they were so specially assembled.
56. When a bill or joint resolution shall have failed for want of a constitutional majority, but shall have received the vote of the majority of the members present, it shall be subject to be called up in its order, at the instance of any Senator, on any subsequent day, but when it shall have failed to receive the votes of a majority of the members present, it shall only be again called up by a motion to reconsider the previous vote.
