PARLIAMENTARY LAW ON MOTIONS AND QUESTIONS

Adjourn (a) (c) (d).

Adjourn, fix the time when to (a)

Amend

Amend an amendment (c)

Amend the rules (e)

Appeal, relating to indecorum, etc. (c) (f) (a)

Appeal, all other cases (c) (f)

Call to order (c) (f) (a)

Close debate, motion to

Commit or refer (b)

Extend the limits of debate, motion to (e)

Fix the time to which to adjourn (a)

Leave to continue speaking after indecorum

Lay on the table (a) (c)

Limit debate, motion to

Objection to consideration of a question

Orders of the day, motion for the

Postpone to a certain time

Postpone indefinitely (b) (c)

Previous questions (a) (c)

Priority of business, relating to

Privilege, questions of

Reading papers

Reconsider a debatable question (b)

Refer (same as commit) (b)

Reconsider an undebatable question (a) (c) (d)

Rescind

Rise (in committee equals adjourn)

Special order, to make a

Substitute (same as amend)

Suspend the rules (a) (e)

Take from the table (a) (c)

PRIVILEGED DURING DEBATE.

1. To adjourn. (a)

2. To lay on the table. (a)

3. For the previous question. (a)

4. To postpone to a day certain.

5. To commit to a standing committee.

6. To commit to a select committee.

7. To amend.

8. To postpone indefinitely.

(a) Nondebatable.

(b) Open main question to debate.

(c) Cannot be amended.

(d) Cannot be reconsidered.

(e) Requires a two-third vote.

(f) in order when another has the floor.

ORDER OF BUSINESS

1. Call of the roll.

2. Correction of the journal.

3. Motions may be offered.

4. Introduction and reference of resolutions.

5. Introduction and reference of bills.

6. Petitions and communications. 7. Reports of standing committees. 8. Reports of special committees. 9. Executive communications. 10. Messages from the assembly. 11. Motions for consideration.

12. Resolutions may be considered.

13. Bills and resolutions ready for engrossment.

14. Bills and resolutions to be ordered to a third reading.

15. Bills and resolutions ready for third reading.

16. Special order.

FOREWORD

The purpose of parliamentary law in a legislative body is to make effective the will of the majority of that body, while preserving the rights of the minority upon any question. But back of this is a larger purpose-to make the legislative body reflect in all its acts the will of the larger body which it represents, the people.

In the last few years the senate of Wisconsin has taken long strides in simplicity of procedure, publicity of proceed. ings, and efficiency of service.

The increased efficiency of service is due to the advance in the other two lines, and to more adequate organization of both the members and the employes.

The increase in publicity is due to the anti-lobby law, to the rule which requires open record of all committee meetings, and to added provisions for the assistance of newspaper representatives.

The increase in simplicity of procedure is due to the gradual revision of the rules, extending through several sessions. The rules contained many practices obsolete in their usefulness. Most of these have been eliminated, and their places taken by simple, direct methods, without losing any of the necessary safeguards which parliamentary law

throws about legislation.

In 1913 the senate rules were given a thorough overhauling. Many obsolete rules were stricken out, others were made adequate to modern practice, and all were rearranged into a more logical order.

The compiler of this manual had occasion, during the ses sion of 1911, to make a thorough and detailed study of the rules of all the state legislatures, in connection with the rules and precedents of the United States Senate and House of Representatives. He believes that the rules of the Wisconsin senate now excel the rules of either branch of any other state legislature.

The Wisconsin senate has for years adopted Jefferson's Manual as its parliamentary law, where not in conflict with its own rules. The practice, however, is necessarily much different from legislative practice in the days of Jefferson; and examination from time to time, of Jefferson's Manual and the practice showed that many of the more recent practices which had grown up without rules, were irregular under Jefferson's Manual, although effective and open to no other objection. A gradual amendment of the rules has written in most of these new practices, thus superseding the provisions of Jefferson's Manual.

The extracts of Jefferson's Manual that are incorporated as annotations to the senate rules in this compilation include all of the manual which is not now obsolete in the practice of the senate. In all cases it has not been possible to separate the obsolete from that which is still applicable; but very little of the obsolete has been included.

The senate precedents have been obtained from the senate journals, running back to the session of 1897. Prior to 1909 no record was required to be kept of points of order and decisions, so that prior to that year but few precedents are recorded.

Sharp parliamentary practice is not the custom in the Wisconsin senate; neither is personal privilege regarded beyond the point of fairness. The procedure is frank and open, direct and business-like, where neither parliamentary technicality nor exaggerated courtesy may thwart the evident will of the majority.

For this reason, the advantage to a senator of knowledge of the rules and of parliamentary law is likely to be overlooked or underestimated. Certain and quick knowledge of every move in order at every stage of a proposition often enables a senator to gain an important point, and causes his less well posted opponent to lose.

RULES OF THE SENATE

With Extracts from Jefferson's Manual, Precedents of the Senate, and Notes.

Jefferson's Manual (1)—Most Material That There be Rules. And whether these forms be in all cases the most rational or not, is really not of so great importance. It is much more material that there should be a rule to go by, than what that rule is; that there may be a uniformity of proceeding in business, not subject to the caprice of the Speaker, or captiousness of the members. It is very material that order, decency, and regularity be preserved in a dignified public body.

PRIVILEGES OF MEMBERS AND OFFICERS.

Jefferson's Manual (2)—Member Cannot Waive. The privi lege of a member is the privilege of the House. If the member waive it without leave, it is a ground for punishing him, but cannot in effect waive the privilege of the House.

Jefferson's Manual (3)—Committee Cannot Proceed against Member. When a committee is charged with an inquiry, if a member prove to be involved, they can not proceed against him, but must make a special report to the House; whereupon the member is heard in his place, or at the bar, or a special authority is given to the committee to inquire concerning him.

Jefferson's Manual (4)—How Charge against Mem→ [*2] ber Prosecuted. If a charge against a member arise out of a report of a committee, or examination of witnesses in the House, as the member knows from that to what points he is to direct his exculpation, he may be heard to those points before any question is moved or stated against him. He is then to be heard, and withdraw before any question is moved. But if the question itself is the charge, as for breach of order or matter arising in the debate, then the charge must be stated (that is, the question must be moved), himself heard, and then to withdraw.

Jefferson's Manual (5)-Observance of Privilege between Houses. Neither House can exercise any authority over a member or officer of the other, but should complain to the House of which he is, and leave the punishment to them. Where the complaint is of words disrespectfully spoken by a member of another House, it is difficult to obtain punishment. because of the rules supposed necessary to be ob. served (as to the immediate noting down of words) for the security of members. Therefore it is the duty of the House, and more particularly of the Speaker, to interfere immediately, and not to permit expressions to go unnoticed which may give a ground of complaint to the other House, and introduce proceedings and mutual accusations between the two Houses, which can hardly be terminated without difficulty and disorder.

OFFICERS-ELECTION AND DUTIES.

Senate Rule 1. Senate called to order by lieutenant governor. The lieutenant governor of the state, who, by the 8th section of the 5th article of the constitution, is constituted ex officio president of the senate, shall, when present, take the chair at the hour fixed for the meeting of the senate, when he shall call the senators to order, who shall

thereupon take their seats, and remain with their heads uncovered, while the senate remains in session.

[*3] *Senate Rule 2. President pro tem.; not excused from voting. The senate shall elect a president pro tempore, for the session, who shall possess all the powers and prerogatives of the president of the senate in the absence of the president, and in the absence or inability of the president pro tem., to preside, the president shall have the right to name any senator to perform the duties of the chair temporarily, and who shall be invested, during such time, with all the powers of the president; but no senator shall be excused from voting on any question by reason of his occupying the chair, nor shall such substitute's authority as presiding officer, except to the president pro tem., extend beyond a day's adjournment of the senate.

Senate Rule 3. May call member to chair. The presiding officer may call a member to the chair, but such substitute shall not extend beyond an adjournment.

Senate Rule 4. Temporary presiding officer. In the absence of the presiding officer, one of the members shall be elected to preside temporarily, until the return of the regular presiding officer.

Senate Rule 5. Duties of presiding officers. It shall be the general duty of the presiding officer:

To open the session, at the time to which adjournment is taken, by taking the chair and calling the members to order;

To announce the business before the senate in the order in which it is to be acted upon;

To receive and submit, in the proper manner, all motions and propositions presented by the members;

To put to vote all questions which are regularly moved, which necessarily arise in the course of proceedings, and to announce the results;

or

To restrain the members while engaged in debate, within the rules of order:

To enforce on all occasions the observance of order and decorum among the members;

[*4] *To inform the senate when necessary, or when referred to for that purpose, on any point of order or

practice;

To receive messages and other communications from other branches of the government, and to announce them to the senate;

To authenticate by his signature, when necessary, all the acts, orders and proceedings of the senate over which he presides:

To name the members, when directed to do so in a particular case, or when it is a part of his general duty by these rules, who are to serve on committees; and in general To represent and stand for the body over which he presides, declaring its will, and in all things obeying its commands. Every officer of the senate is subordinate to his presiding officer, and, in all that relates to the discharge of his several duties, is under his supervision.

Senate Precedent (1)—Members must remain at seats during vote. On Jan. 28, 1909 (pg. 111, senate journal), in joint convention, the president (Lieut. Gov. Strange) ruled that all members must remain at their seats during voting by roll.

Jefferson's Manual (6)—President Must Put Question. It is a breach of order for the Speaker to refuse to put a question which is in order.

Senate Rule 6. Election and Duties of Chief Clerk. A chief clerk of the senate shall be elected at the commencement of each session, to hold his office at the pleasure of the body electing him. He shall superintend the recording of the journal of the proceedings; the engrossing and enrolling of bills, resolutions, etc.; shall cause to be kept and prepared for the printer the daily journal of the proceedings. He shall permit no records or papers belonging to the legislature to be taken out of his custody otherwise than in the regular course of business: shall report any missing papers to the notice of the presiding officer, and generally shall perform, under the direction of the presiding officer, all du

[*5]

ties pertaining to his office as clerk, and shall be responsible for all the official acts of his assistants.