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THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-THREE.
INDIANA LEGISLATURE.
IN SENATE.
Saturday, March 14, 1885.[Omitted from page 39.]
RULES OF THE SENATE.
Mr. SMITH, of Delaware, moved that the rules of the Senate be spread of record on the Senate journals. (See Senate journal page 628.)
The motion was agreed to.
They are as follows:
STANDING RULES & ORDERS FOR THE GOVERNMENT OF THE SENATE.
- 1. The President shall take the Chair every day precisely at ten 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 to his feet 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, 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 arise from their seats, and after 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.
- 7. The President shall, when the Senate is equally divided, give the casting vote
- 8. Thirty-one standing Committees, not to exceed seven members each, shall be
appointed by the Senate, at the commencement of each session, viz.:
- 1st. On Elections.
- 2d. On Finance.
- 3d. On Judiciary.
- 4th. On Organization of Courts.
- 5th. On Education.
- 6th. On Corporations.
- 7th. On Roads.
- 8th. On Benevolent and Reformatory Institutions.
- 9th. On Agriculture.
- 10th. On Banks.
- llth. On Public Printing.
- 12th. On Public Buildings and State Library.
- 13th. On State Prisons.
- 14th. On Swamp Lands and Drains.
- 15th. On Fees and Salaries.
- 16th. On Claims and Expenditures.
- 17th. On Military Affairs.
- 18th. On Phraseology, Arrangement of Bills and Unfinished Business.
- 19th. On Federal Relations, and Rights and Privileges of the Inhabitants of the State.
- 20th. On Temperance.
- 21st. On County and Township Business
- 22d. On Public Health. Vital and Other Statistics.
- 23d. On Insurance.
- 24th. On Railroads.
- 25th. On Mines, Mining and Manufactures.
- 26th. On Congressional Apportionment, to consist of one member from each Congressional District.
- 27th. On Legislative Apportionment, to consist of one member from each Congressional District.
- 28th. On the Supervision and Inspection of the Journal of the Senate.
- 29th. On Executive Appointments.
- 30th. On Cities.
- 31st. On Labor and Labor Statistics.
- 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 take into consideration all petitions, documents and evidence relating to elections, which may be referred to them by the Senate; and each of 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 decided 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 impech 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 to speak first.
- 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 afterward, he may, by permission, have his name called and vote, provided his vote does not change the result.
- 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, indorsed by the Senator introducing it, and the name of the author announced by the Secretary before reading.
- 22. After a motion is stated by the President and read, it shall be deemed in the possession of the Senate, but may be withdrawn at any time before decision or amendment.
- 23. When a question is under debate no motion shall be received but
- 1st. To adjourn;
- 2d. To lie on the table;
- 3d. For the previous question;
- 4th. To postpone indefinitely;
- 5th. To postpone to a day certain;
- 6th. To commit; or,
- 7th. To amend.
- 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 motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.
- 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 motion can be entertained but once during the session, and when made after the second day it shall lie over one day before being acted upon.
- 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 pending be lost by adjournment of the Senate and received 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 re-assembling 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 were 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 is made, or the question to reject is negatived, the bill shall then, if no motion be made to the contray, be committed to a regular or select committee, or to a Committee of the Whole Senate. If the bill be referred to a Committee of the Whole Senate, the Senate shall determine on what day it shall be considered.
- 39. A committee to whom a bill shall be referred may report theron, with or without amendments; and the bill, when returned, if this be on a day subsequent to its first reading, shall be on its second reading, and after it has been read, the report of the committee shall be read; the question shall then be on concurring in the report of the committee either with or without amendments; the President shall then state that the bill is ready for amendment or engrossment.
- 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 first be 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 the 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 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 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 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 furniture 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, and shall exclude from the cloakroom of the Senate all persons, except the President of the Senate, Senators or persons having business with either and admitted by them, and such persons shall remain only so long as they shall be engaged in such business.
- 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 deliberation thereon, but shall have no power to vote.
- 54. The daily order of transacting business shall be as follows, viz.:
- 1. Reading and correcting the Journal of the preceding day.
- 2. Introduction of petitions, memorials and remonstrances.
- 3. Reports from standing committees.
- 4. Reports from select committees.
- 5. Resolutions of the Senate.
- 6. Joint resolutions. Joint resolutions of the House.
- 7. Bills ; and.
- 8. Orders of the day.
- First. Messages from the House requiring action on the part of the Senate.
- Second. Bills on second reading.
- Third. Bills on third reading: Bills of the House on first reading; Bills of the
House on the second reading; Bills of the House on third reading. Provided, That on
Wednesday of each week the daily order of transacting business shall be as follows,
viz.:
- 1. Reading and correcting the Journal of the preceding day.
- 2. Bills on third reading; Bills of the House on first reading; Bills of the House on second reading; Bills of the House on third reading; and to continue from day to day until that order of business be exhausted.
- 3. Bills on second reading.
- 4. Messages from the House requiring action upon the part of the Senate.
- 5. Introduction of petitions, memorials and remonstrances.
- 6. Reports from standing committees.
- 7. Reports from select committees.
- 8. Resolutions.
- 9. Joint resolutions.
- 10. Bills.
- 55. After a bill has passed, and not before, the title may be announced.
- 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 page: 188[View Page 188] 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.
- 57. No smoking will be allowed in the Senate Chamber before, during or after the sittings thereof.
- 58. The report of committees on conference for the adjustment of differences between the two Houses shall be laid over one day before action thereon, unless two-thirds of the members of the Senate present shall otherwise order.
- 59. Whenever a bill is reported by a committee with the recommendation that it pass, seventy-five copies of said bill shall be forthwith printed, and one copy aid on the desk of each Senator, and no bill shall be read a second time until one day after such distribution, unless the Senate otherwise order. Whenever any such committee report in favor of the passage of a bill wish amendments, said bill shall be printed as amended.
- 60. Hereafter when the introduction of bills is in order, the list of Senators shall be called alphabetically and each Senator when his name is called shall be permitted to introduce but one bill each time his name is so called, and the name of no Senator shall be called a second time until the entire list has been called.
JOINT RULES
FOR CONDUCTING BUSINESS IN THE TWO HOUSES OF THE
GENERAL ASSEMBLY OF THE STATE OF INDIANA.
- 1. While Bills and Joint Resolutions are on their passage between the two Houses, they shall be on paper, under the signature of their clerks respectively.
- 2. After a Bill or Joint Resolution shall have passed both Houses, it shall be duly enrolled on paper, and the Clerk of the House where it originated shall indorse upon the back thereof the House in which it originated, under which he shall place his signature.
- 3. Every Bill or Joint Resolution, after being enrolled, shall be examined by the Joint Committee of Enrolled Bills, consisting of three from the Senate and six from the House, appointed as a standing committee for that purpose - one of whom on the part of the Senate and two from the House shall be sufficient to act, who shall compare the same with the engrossed bill, and correct any errors they may discover, so as to make it agree therewith, and make their report forthwith to their respective Houses.
- 4. Every Bill or Joint Resolution reported to have been duly enrolled shall be signed first by the speaker of the House of Representatives, who shall send the same to the Senate; then by the President or the Senate; after which it shall be presented by the Joint Committee of enrolled Bills to the Governor for his approbation and signature; and the said Committee shall report to their respective Houses the day of their presentation, which report shall be entered on the Journals of each House.
- 5. All Bills and Joint Resolutions shall be signed by the Speaker of the House of Representatives and the President of the Senate, in their Houses respectively when in session, which shall be carefully noted on the Journals of each House.
- 6. When any paper or papers, proper to be acted upon by both Houses, shall come before either, the House before which such paper or papers are laid, shall, after acting thereupon, lay it or them before the other House.
- 7. In every case of an amendment of a Bill agreed to in one House, and dissented to in the other, if either House shall request a conference, and appoint a committee for that purpose, and the other House shall also appoint a committee to confer, such committee shall, at a convenient hour, to be agreed upon by their chairman, meet in the conference chamber, and state to each other verbally, or in writing, as either shall choose, the reason of their respective Houses for and against the amendment, and confer freely thereon, and report to each House their proceedings thereon. A committee of conference shall consist of two members from each House. After each House shall have adhered to their disagreement, a Bill or Resolution shall be lost.
- 8. In all cases where the Sergeant-at-Arms of one House shall, by reason of official engagement, or other cause, be unable to execute the commands or process of the House of which he is an officer, it shall be the duty of the Sergeant-at-Arms of the other House to execute such commands, together with such process as may be directed to him by the presiding officer thereof.
- 9. The following Standing Committees, on the part of each House,
shall be appointed to act as joint committees:
- A Standing Committee on Enrolled Bills, to consist of six on the part of the House, and three on the part of the Senate.
- A Committee on Public Buildings, to consist of three members from each House.
- A Committee on State Library, to consist of three members from each House.
- A Committee on Canal Fund, to consist of three members from each House.
- 10. In all elections which require a distinct and separate vote of each House, the voting shall be simultaneous in both Houses. No person shall be deemed to be elected in the proper House, making such separate choice, unless he receives a majority of all the votes given in such House. Each House shall, as soon as a choice shall be made on such separate voting, forthwith communicate the same to the other House, and if it shall appear that the Houses have concurred in their choice of any or either of the persons so voted for, such person or persons shall be deemed and declared duly elected. But if the Houses do not concur in their choice of each and all the officers so to be elected, then, in such case, the two Houses shall, in like manner, forthwith proceed to a second separate choice of the remaining officers so attempted to be elected. But if no concurrence then be had, the two Houses shall in like manner proceed to a third separate choice. If the two Houses shall not have concurred in their third separate choice, the two Houses shall proceed to a joint vote instanter, for the election of such officer or officers as the two Houses may have failed, for want of concurrence as aforesaid, to elect.
- 11. In all Joint conventions and meetings of the two Houses, it shall be incompetent for either House or the members thereof, or the joint convention, to engage in the transaction of any business other than that for which they were so specifically assembled.
- 12. When a message is sent to the Senate, or to the House of Representatives, it shall be announced at the door by the Sergeant-at-Arms, or by the Doorkeeper, and it shall be respectfully communicated to the Chair, by the person by whom sent.
- 13. Messages shall be sent by such persons as the President of the Senate, or Speaker of the House, may designate for that purpose.
- 14. No bill that shall have passed one House, shall be sent for concurrence to the other, on the last two days of the session.
- 15. When bills which shall have passed he the House, are ordered to be printed in he the other, a greater number of copies shall not be printed than may be necessary for the use of the House making the order.
- 16. No spiritous liquors shall be offered for sale, or exhibited within the Capitol, or on the public grounds adjacent thereto.
- 17. All bills introduced into the General Assembly amending or repealing any previous law of this State, which has been incorporated into the Revised Statutes of 1881, shall contain not only a reference to the proper sections of the Act amended or repealed, but also a reference thereto by the number of the section or sections in which the same occur in said Revised Statutes.
