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The general clerk shall be assistant chief clerk and shall have general supervision under the direction of the chief clerk and in his absence shall have all of the powers and duties of the chief clerk.

Note (1)-The chief clerk can make only minor typographical corrections in the journal after it is approved. At several sessions it was the practice for the chief clerk to assume responsibility for making important corrections in the journal after the journal had been approved. These corrections were necessary to make the journal record the exact proceedings taken and were often necessary to make valid the passage of a law, However, in 1911, the chief clerk of the senate, doubting his authority to make these corrections, adressed the following inquiry to Honorable Asher C. Hinds, Member of Congress, who was for years Parliamentary Clerk of the House of Representatives and author of Hinds' Precedents of the House of Representatives:

"What is the best parliamentary practice in the following case:

1. An error in the journal, we will say an omission of the record of the passage of a certain bill, is discovered some weeks after the journal for that day has been approved but before the permanent volume has been printed.

(a) The chief clerk of the senate orders the correction to be made by the printer so that the record for the day when the bill was really passed shall in the permanent volume read so as to conform to the fact and to the other records of the chief clerk.

(b) The Senate, hy resolution entered in the journal on the day of its adoption, makes the same order as was made by the chief clerk under (a).

(c) The Senate, by resolution entered in the journal on the day of its adoption, corrects the record by such subsequent entry, but does not change the form of the journal of the day when the error was made from the form in which it was approved.

(c) The chief clerk notes the error in the journal of a subsequent day, thereby correcting the record, but not changing the form of the journal of the day when the error occurred from the form in which it was approved.

2. In case the chief clerk Jiscovers an error in the journal of the day for which the journal has been approved, the discovery being made after the legislature has adjournej sine die, the same legislature never again to meet unless called in special session, the error nullifying an important statute, the journals of the legislature being, in Wisconsin, the constitutional record of the proceedings of the legislature, is it parliamentary for the chief clerk to order the correction made in the journal of the day when the mistake was made so as to make the journal accord with the fact ?

The precedents which I find in “Hind's Precedents" do not entirely clear up these questions which have been raised by

a proposed revision of the Wisconsin printing laws. If [*6] you can *find time to give this letter attention I will

be deeply in your debt." The following reply was received from Mr. Hinds: "Unless your constitution and rules are different from any I have seen, I don't see how the Chief Clerk of a legislative body-or anyone else-can change a journal which the body itself has approved. A precedent on an analogous case, which seems to cover the principle involved is found in Volume 3, Section 2598, of the Precedents. Of course the body itself may change its journal at any time, may even make it fail to record a transaction which took place, although it ought not to do the latter."

Opinion of Attorney General of Wisconsin on same question, note on page *97.

Senate Rule 7. Election and duties of sergeant at arms. A sergeant at arms of the senate, shall be elected at the commencement of each session, to hold his office at the pleasure of the body electing him. It shall be his duty to execute all orders of the senate or its presiding officer, and to perform all the duties that may be assigned to him connected with the police and good order of the body: to exercise the supervision over the ingress and egress of all person to and from the chamber, and particularly to enforce

the provisions of Rule 12 of the senate rules relating to lobbyists and lobbying; to see that messages, etc., are promptly executed: that the chamber is properly ventilated and is open for the use of the members from 8 a, m, until 11 p. m., and to perform all other services pertaining to the office of sergeant at arms.


Senate Rule 8. Presiding officer to preserve order: appeal. The presiding officer shall preserve order and decorum; may speak to points of order in preference to others, rising from his seat for that purpose; and he shall decide questions of order, subject to an appeal by any member, on which appeal no member shall speak more than once, unless by leave of the senate. On appeal being taken, the question shall be: “Shall the decision of the chair stand as the judgment of the senate?" which question and the action

thereon, shall be entered on the journal. All points [7] of order raised and the de*cisions thereon shall be en

tered in the journal and shall be compiled and printed as an appendix to the journal and printed in the manual for the next session as annotations to the rules.

Note (2). Prior to 1911 the provision requiring points of order and decisions to be recorded in the journal was not a part of this rule, and no general record of this part of the proceedings was kept prior to 1909.

Arguments over a point of order arose early in the session of 1909, and upon motion the journal was directed to show all points of order and Jecisions thereafter during that session (Jan. 27, page 83).

In 1911 this was made part of the standing rule, and in 1913 the provision requiring the precedents to be compiled and printed as an appendix to the journal was added.

Jefferson's Manual (7)-When Question of Order to be Decided. A question of order may be adjourned to give time to look into precedents.

If any difficulty arises in point of order during the division, the Speaker is to decide peremptorily, subject to the future censure of the House if irregular.

But there are several questions which, being incidental to every one, will take place of every one, privileged or not; to wit, a question of order arising out of any other question must be decided before that question.

A matter of privilege arising out of any question, or from a quarrel between two members, or any other cause, supersedes the consideration of the original question, and must be first disposed of.

Senate Precedent (2). Points of order during voting are decided peremptorily. In joint convention Feb. 9, 1909 (pg. 208, senate journal); in joint convention Feb. 10, 1909 (pg. 228, senate journal); in joint convention March 1, 1909 (pg. 359, senate journal).

Senate Precedent (3). Point of order must be raised before result of vote is announced. On February 21, 1911, page 222, senate journal, a division was called for on concurring in a joint resolution. The president pro tem (Senator Martin) was in the chair and did not vote on division, but after the division had resulted in a tie and the number voting on each side had been announced the president pro tem announced that he voted in the affirmative and declared the resolution concurred in. Senator Randolph rose to a point of order that the president pro tem had not the power to decide a tie. The president (Senator Martin) held that the result having been announced the point of order could not be con

sidered. [*8) * Senate Precedent (4). Point of order must be made

hefore question is put, when unanimous consent is granted. On February 21, 1913, Senator Linley asked unanimous consent to move that the vote by which No. 59, S., was indefinitely postponed be reconsidered.

Such consent being given,

Senator Linley moved that the vote by which No. 59, S., was indefinitely postponed. be reconsidered.

The president put the motion.

Senator Browne rose to a question of parliamentary inquiry: The senate having refused yesterday to reconsider this vote, can a motion to reconsider be entertained today, even by unanimous consent?

The president (Senator H. C. Martin) stated, that had such a point of order been made before the motion was entertained he would have ruled, but unanimous consent having been given Senator Linley to make the motion, and the motion having been made, entertained and put, such a point of order could not now be made.

Senate Precedent (3). Point has been ruled out of order when motion against which made was previously entertained and laid over. On April 14, 1897 (pg. 816, senate journal), the senate refused to order engrossed No. 189, S., by a viva voce vote. Later on the same day (pg. 820) Senator Dennett moved that the vote be reconsidered and his motion lail over, which was ordered. On April 15 (pg. 840), the question being upon the motion to reconsider, Senator Austin rose to a point of order that Senator Dennett did not vote with the majority. The president (Lieut. Gov. Baensch) felt the point not well taken, “having come too late."

Senate Precedent (6), Point of order has been made and sustained after motion against which it was made had prevailed. On March 24, 1909, (p. 489, senate journal) a large number of petitions having been sent to the clerk's desk, Senator Lyons moved that they be entered in the journal, without reading, and referred to committees. After the motion had prevailed, Senator Whitehead rose to a point of order that the effect of the motion was to abridge the right of the people to petition the legislature. The president held the point of order well taken, and the petitions were read.

Note (2). It might seem that the point to hold should have been made before the motion prevailed, but if it was unconstitutional to dispense with the reading, the senate action on the motion was of course nulled, although it is difficult to see how there could be any mandamus or redress. It would seem, however, that the printing of the titles of the petitions in the journal and the reference of the petitions to committees was full compliance with the constitution. Senate Rule 9. Members not to leave senate, when, While

the presiding officer is addressing the senate, or sub[*9] mitting a question, no member shall cross the floor, *or

leave the senate; nor while a member is speaking, walk between him and the chair.

Senate Rule 10. Calling of yeas and nayn. No member or other person shall visit or remain by the clerk's table while the veas and navs are being called,

Senate Precedent (7). Members must remain at seats Juring 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.

Senate Rule 11. Reading and smoking during session. No member or officer of the senate shall read newspapers within the bar of the senate, or smoke therein while in session.

Senate Rule 12. Who may be admitted to the floor. Persons of the following classes, and no others, shall be ad. mitted to that portion of the floor of the senate reserved to the members during the session thereof, viz: the governor, lieutenant governor, members of the legislature, state officers,

regents of the university, regents of the normal schools, members of congress, judges of the supreme court and other courts, and ex-members of the legislature, And none of the above shall have the privilege of the floor who are registered as lobbyists or engaged in defeating or promoting any pending legislation. No er-senator or any other person who shall be directly or indirectly interested in defeating or promoting any pending legislation, whether registered as a lobbyist or not, shall have the privilege of the floor of the senate at any time. All editors of newspapers within the state and reporters for the press, who confine themselves to their professional duties, shall have the privilege of the floor of the senate, except that during the sessions of the senate such privilege shall extend only to the press lobby. The foregoing rule shall not be deemed to exclude such other persons as may be invited to seats on

the floor of the senate by a member or the presiding officer

thereof. [ 10) * Senate Precedent ($). Those not members are not

permitted to enter upon the floor to endeavor to inAuence proceedings, even though former members. Jan. 28, 1909 (pg. 112, senate journal).

Note (3). The practice grew up for private interests to employ ex-members of the legislature as legislative representatives. These men had two advantages-their acquaintance and prestige as former members, and their privilege of the floor. The rule was amended to take away the privilege of the floor during sessions from such representatives, and in 1913, it was further amended so that no one engaged in defeating for promoting legislation is permitted on the floor of the senate at any time. This gives the senators the chamber to which they may retire and be undisturbed by the importunities of lobbyists. An attempt in 1913 te repeal this provision was defeated by a three to one vote. Senate Rule 13. Privileges of senate to contestants for

nts for seats shall have the privilege of the senate until their respective cases are disposed of; the privilege to extend only so far as access to the chamber, during the time occupied in settling the contest.

Senate Rule 14. Disturbance in lobby. Whenever any listurbance or disorderly conduct shall occur in the lobby or gallery, the presiding officer shall have the power to cause the same to be cleared of all persons except members and officers.


Senate Rule 15. Hour for meeting. The hour for the meeting of the senate shall be at 10:00 o'clock a. m. unless a different hour shall be prescribed by resolution or motion. This rule may be changed by resolution or motion adopted by a majority vote.

Senate Rule 16. Roll call, quorum. Before proceeding to business, the roll of the members shall be called, and the names of those present and those absent shall be entered on the journal. A majority of all the members elected must be

present to constitute a quorum for the transaction [*11) of business; a smaller number, however, can ad

journ; and shall have power to compel the attendance of absent members.

Jefferson Manual (8)-Effect of No Quorum on Question. When from counting the House on a division it appears that there is not a quorum, the matter continues exactly in the state in which it was before the division, and must be resumed at that point on any future day,

Senate Precedent (9)—Upon roll call showing lack of quorum president has declared joint convention dissolved. March 1, pg. 359, senate journal. See also March 2, pg. 367.

Senate Precedent (10). Motion to dispense with roll call and to adjourn has been made and put as one motion. On April 13, 1903 (p. 677. senate journal). the senate having been just called to order, Senator Hatton moved that the roll call be dispensed with and a recess be taken until 8:30 p. m., which motion was lost. Senator McGillivray then moved that the roll call be dispensed with and the senate take a recess until 8:45 P. M.. which motion prevailed.

Note: The necessity for dispensing with the roll call in making this motion was that the only power less than a quorum has is to adjourn or to compel the attendance of absent members. A minority cannot take a recess.

Note (4). In 1907 the president (Lieut. Gov. Connor) ruled that the best evidence of a quorum was the roll call and refused to acknowledge the Reed rule which permits the presiding officer to count into a quorum by sight members present but not answering the roll. At the end of the session the bill to establish a two cent passenger rate on certain railroads was bitterly Opposed, with ators, just a quorum, present. Upon the final vote, which was by yeas and nays, two senators sat in their seats and did not vote, seeking thereby to defeat the bill by breaking the quorum. The president overcame the difficulty without reversing his ruling and counting in the senators under the

Reed rule, by directing them in the name of the senate to vote, under the rule inat each senator present shall vote. The senators complied rather than be in contempt of the senate and a quorum was secured on the roll.

Senate Rule 17. Leave of absence. No member or officer of the senate, unless trom illness or other cause he shall be unable to attend, shall absent himself from the session dur. ing tne entire day without first having obtained leave of

absence. [12] *Senate Rule 18. Order of Business. The order of

business in the senate shall be as follows: 1. Call of the roll. 2. Correction of the journal. 3. Motions may be ofered. 4. Introduction and reference of resolutions, 5. Introduction and reference of bills. 6. Petitions and communications, 7, Reports of standing committees. 8. Keports of special committees. 9. Executive communications. 10. Messages from the assembly. Il, Motions for consideration. 12. Resolutions may be considered. 13. Bills and resolutions ready for engrossment. 14. Bills and resolutions to be ordered to th 15. Bins and resolutions ready for third reading. 16. Special order.

Jefferson's Manual (9) Messages Received Under Any Order. Messengers are introduced in any state of business, except. 1. While a question is being put. 2. While the yeas and nays are being called. 3. While the ballots are being counted. The first case is short: the second and third are cases where any interruption might occasion errors difficult to be corrected. * * * Bills from the other House are received at all times, and receive their first reading as soon as the question then before the House is disposed of.

Note (5). The practice of the Senate is to receive the message at any time, but to read it under the order "Messages from the assembly" when reached on the calendar, or if the order has been passed, after the calendar is finished.

Jfferson's Manual (10)-Orders of the Day. Orders of the day take place of all other questions, except for adjournment--that is to say, the question which is the subject of

an order is made a privileged one. [*13] Senate Precedent (11). A special order takes

precedence of the regular order of business at the hour set.

On Jan. 30, 1913, the senate adopted Resolution No. 8, S., providing that at 10:30 o'clock a. m. on February 5 the senate should resolve into a committee of the whole to investigate the matters prescribed by the resolution,

The following entry appears in the senate journal February 5, 1913:

At 10:30 o'clock a. m., Senator Randolph moved, that the senate resolve itself into a committee of the whole, under Res. No. 8, S.

Senator Browne asked that the senate return to order of business No. 14, before voting on the motion of Senator Randolph,

Senator Bosshard obiected.

Senator Browne rose to a point of order that the motion to resolve into a committee of the whole was out of order because the calendar was unfinished.

The president (Lieut. Gov. Morris) held that the hour of 10:30 having arrived, under Res. No. 8, S., the point was not well taken.

Senate Rule 19. Daily Calendar: Committee of the Whole. All bills, resolutions, memorials, or other business, referred to a committee and reported by it to the senate. shall be placed upon the calendar under the proper order of business. The printed calendar shall be furnished to members at least twenty-four hours, exclusive of Sunday. before such

ed upon. The calendar shall not be changed within that period. Unless otherwise ordered, an unfinished calendar of a preceding day shall be first in order as the unfinished business of the senate.

During the consideration of bills under the order of bills

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