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Jefferson's Manual (24)-Equivalent Questions. If, on a question for rejection, a bill be retained, it passes, of course, to its next reading. And a question for a second reading

determined negatively, is a rejection without further [*32) question. Where questions are perfectly *equivalent,

so that the negative of the one amounts to the affirmative of the other, and leaves no other alternative, the decision of the one concludes necessarily the other.

Senate Precedent (32). Refusal to indefinitely postpone advances bill. On March 6, 1913, the senate refused to indefinitely postpone No. 160, S., and the president declared the bill ordered engrossed and read a third time. Senator Husting rose to a question of parliamentary inquiry, whether the question on ordering engrossed should not be put. The president (Senator True) held that the refusal to indefinitely postpone ordered the bill engrossed and read a third time.

Note (12). If the house is equally divided on the question for rejection (the lieutenant governor being absent), rejection fails, but the bill is not thereby advanced, for "the former law is not to be changed but by a majority."

Sennte Rule 41. First reading; reference to committee. On the first reading, every bill or memorial requiring three readings shall be referred to the appropriate committee, which shall be announced by the presiding officer, unless the senate, on motion, make a different order in relation thereto; and this rule shall apply as well to bills, resolutions, and memorials originating in either house.

See annotation under rule 40.

Senate Precedent (33). Standing order for different procedure than reference of bills made by resolution. On May 24, 1911, page 785, senate journal, a joint resolution was adopted without yeas and nays, providing that after June 1, bills should not be referred to committee but directly to the calendar, unless otherwise ordered. On June 7, 1911, page 913, senate journal, Senator Linley moved the rereference of a bill to a committee. Senator Randolph rose to a point of order that under the joint resolution adopted on May 24, the motion to rerefer was out of order. The president (Lieut. Gov. Morris) held that the point of order was well taken.

Note: This precedent follows the practice of the senate, but the phrase "unless otherwise ordered" in the joint resolution adopted May 24, was overlooked.

Seuute Precedent (31). Appropriation bilin must be referred to Finance committee before final passage hy both houses. On Jan. 28, 1909 (pg. 105. senate journal), Senator Burke asked for a suspension of the rules interfering with the placing of No. 38, A., which had just been received from

the assembly, upon its concurrence at that time. The [*33) bill not having been referred to the joint *committee

on Claims in the assembly, an objection by Senator Hudnall that the bill carried an appropriation and must be so referred was sustained by the president (Lieut. Gov. Strange) and the bill was referred to the committee on Claims

Senate Precedent (35). Motion to lay over Is privileged on first reading. On February 10, 1911 (pg. 167, senate journal), Senator Randolph introduced a resolution. Senator Husting moved that the resolution be laid over to the next calendar day. Senator Owen moved the resolution be referred to the committee on State Affairs, and rose to a point of order that reference to a committee being the regular proceeding under rule 41 his motion had precedence. The president (Senator Martin) held that the motion to lay over to a day certain had precedence under both rule 41 and rule 68.

Jefferson's Manual (255)-Reference of Part of a Bill. А particular clause of a bill may be committed without the whole bill. or so much of a paper to one and so much to another committee.

Note (13). Where only a certain phase or part of a hill is desired to be considered by a committee, the practice of the senate is to refer the whole bill to the committee with formal or informal instructions to consider only that part.

Senate Rule 42. Second reading; ordering to a third reading; engrossing bills. The second reading shall be had before the bill or resolution is amended or ordered read a third time. Each bill or resolution ordered engrossed and read a

third time shall be, under the direction of the engrossing clerk, carefully typewritten, with all amendments adopted to the original bill reduced into the text, placed in a new envelope, upon which the endorsements on the original envelope shall be carefully engrossed, and, with the original, shall be delivered to the chief clerk, who shall record it correctly engrossed in the journal and place it upon the next calendar "ready for third reading." The original shall then be filed by the chief clerk and the engrossed copy shall thereafter be the original. If it shall be subsequently found, however, that mistake has been made in engrossing, the chief clerk shall have the power under rule 32 to correct

such error in engrossing. A bill or resolution which (*34) shall be "ordered engrossed and read a third time"

without any amendment thereto having been adopted shall not be engrossed, but shall be placed upon the next calendar "ready for third reading;" and when a bill or resolution which shall have been amended only by a substitute adopted without amendment shall be “ordered engrossed and read a third time" the original substitute in an engrossed envelope shall be the engrossed bill or resolution.

See annotations under rule 40.

Note (14). The engrossing rule was amended in 1913 so that bills advanced without amendment need not be engrossed, and so that a substitute, when not amended, shall be the engrossed bill. This change from the old practice of engrossing all bills, amended or unamended, has reduced the work of engrossing by from 25 to 50 per cent and has reduced the chance for error at this stage by just the same percentage, as well as advancing the bills on the calendar, the delay for engrossing being dispensed with,

l'nder the practice prior to 1913, bills correctly engrossed could not be placed on the calendar until formally reported to the senate as correctly engrossed. In 1913 the rule was amended so that correctly engrossed bills are immediately delivered to the clerk, who records the engrossing in the journal, and places them on the calendar. This amendment serves to shorten the sittings of the senate by dispensing with the reading of a clerical report, and to expedite the bills by frequently getting them onto the calendar a day sooner than would otherwise be possible.

Senate Rule 43. Third reading; question. Upon the third reading of the bill the question shall be stated thus: "This bill having been read three several times, the question is, ‘Shall the bill pass' or 'Shall the bill be concurred in,' the case may be.

Note (15). See annotations under rule 40. Of course the question on indefinite postponement does not in any case require the yeas and nays, and if the senate, by viva voca vote. refuses on third reading to indefinitely postpone a bill requiring the yeas and nays for final passage, this cannot pass the bill. Senate Rule 44. Appropriation bills to be read at length.

The third reading of all bills appropriating money shall be at length, and the suspension of this *rule

shall not be made without the unanimous consent of the senate.

Note (16). The practice of the senate is to read the appropriation clause instead of the whole bill. This is done by unanimous consent.

Senate Rule 45. BIJL amended on third reading to be reengrossed. If a bill, resolution, or memorial ordered to be engrossed and read a third time be amended or otherwise changed it shall be engrossed in typewriting before being read a third time. Any bill, resolution, or memorial which shall have passed the senate with amendments that have not been reduced into the text, shall be engrossed or reengrossed under the supervision of the chief clerk before being messaged to the assembly: provided, that if the amendment is an unamended sulstitute, the original substitute in an engrossed envelope shall be the engrossed bill.

Senate Rule 40. Rereference in order. Any bill, resolution or memorial may be recommitted at any time previous to its passage. Motion to recall and recommit or withdraw shall be in order, but the question shall be divisible.

Note (17). The last sentence of this rule was adopted in 1913. Without this provision, these motions would be out of

as

order because the bill could not be acted upon to permit withdrawal or to order rereference without possession of the papers. But since the motion does not affect the text in any way, the expediting of business demanded the rule.

Senate Rule 47. Messaging to the assembly. Each bill which passes its third reading shall be certified by the clerk and by him transmitted to the assembly. The date of transmission shall be entered on the bill books of the clerk.

Senate Rule 48. Papers held during reconsideration period. All bills, joint resolutions, etc., upon which such action has been taken that they are next to be messaged to the other

house, shall be held by the chief clerk until the time [ *36] for reconsideration of such bills, joint resolutions,

etc., has expired, but privileged resolutions, etc., shall be messaged immediately unless it is otherwise ordered by the senate.

Senate Precedent (36). Request by the assembly for the return of papers messaged to the senate may be refused and the papers acted upon in the regular course. June 8, 1909 (pg. 1037, senate journal), No. 423, A., was received from the assembly, and at the same time (pg. 1038) another message from the assembly was read requesting the return of the bill. On June 9 (pg. 1045) the senate by a vote of 14 to 12 refused to return the bill. Later on the same day (pg. 1057) Senator Page moved that the bill be nonconcurred in. Senator Hudnall raised a point of order that the bill was not properly before the senate because the assembly had passed a resolution recalling the bill before the senate had received it. The journal does not show whether Senator Hudnall stated it as a fact that the assembly had requested the return of the bill before its messenger had delivered it to the senate or whether he contended that it was not parliamentarily received by the senate until the message was read from the desk by the clerk. It is the practice in the senate when several messages are received during a sitting to lay them aside during the consideration of the business on the calendar and read them all at the same time. Evidently the assembly had requested the return of the bill at least before the reading of the message transmitting it, but whether before the messenger had been recognized and delivered it to the senate the record does not disclose. The president (Lieut. Gov. Strange) ruled the point of order, however, not well taken, the journal not showing what reasons he gave for the ruling.

Note. Messengers are permitted in the United States Congress to correct their messages and if the assembly did resolve to recall the bill before the messenger had delivered it to the senate, it is possible that the messenger might have been permitted to correct the message and withdraw the bill. However, if the point made was based upon the assumption that the bill was not parliamentarily received until read from the desk by the clerk, the practice in congress and the ruling of Jefferson's Manual that a message may be received during the sitting of a committee of the whole, the speaker taking the chair for that purpose, without interrupting the proceedings of the committee, would seem to indicate that the message was parliamentarily received at the time it was delivered by the messenger to the clerk of the house receiving it.

Note (18). The assembly also has refused to return papers requested by the senate. On April 9, 1897 (p. 1035, assembly journal), the assembly refused to return Joint Resolution No. 48, A. Reference to Senate Precedent (84) under rule 73. p. *62. will show that this resolution authorized the introduction of a bill and that the bill was ruled out of order when received in the senate on the ground that the

joint resolution was still pending. On June 10. 1909. [*37)

(p. 1108. senate journal) entry appears in a message

from the assembly that the assembly refused to return to the senate as requested five bills. There are probably other precedents of refusal to return papers, both by the Senate and by the assembly. See note (27) under rule 73. page •63. for the effect upon the papers of a pending motion to reconsider when possession of the papers is not secured.

Senate Rule 49. Enrolling bills. After a senate bill has passed both houses, it shall be duly enrolled under the direc.

tion of the chief clerk of the senate before it shall be presented to the governor for his approval. When a bill is duly enrolled, it shall be carefully compared by the enrolling clerk, after which it shall be delivered by him to the chief clerk, who shall record it correctly enrolled in the journal.

Note (19). The same change was made in this rule in 1913 as in the engrossing rule-that the enrolling of the bill should be recorded in the journal by the clerk without formal report. Under the prior practice, the signing of the enrolled bill by the presiding officer and the clerk had to await its report in session as correctly enrolled. This often delayed the delivering of a bill to the governor a whole day, or at the week's end, several days, the senate having adjourned, and in emergency cases the senate often held a session later in the day for the sole purpose of performing this little piece of clerical work on one bill. Under the amended rule, no form prevents an enrolled bill being at once signed and delivered to the governor.

Sennte Rule 50. Signing of documents, All acts, memorials and resolutions shall be signed by the presiding officer, and all writs, warrants and subpoenas issued by order of the senate shall be under his hand. and attested by the clerk.

Senate Rule 51. offering of resolutions. Resolutions privileged by rule 75 shall be sent to the clerk's desk and there read by the clerk, and when so read shall be considered to be before the senate.

Senate Rule 52. Presenting petitions, etc. Petitions, memorials, communications and other papers, addressed to the

senate shall be presented by a member thereof in his [*38] place; a brief statement of the contents thereof *shall

be endorsed thereon, together with his name, by the member introducing the same.

Senate Precedent (37). It has been held that petitions must be read, at least by title. 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: It would seem that printing titles in the journal and reference of the petitions to commitees was full compliance with the constitution. See senate Precedent (6) and note (2) under rule 8, p. *8.

AMENDMENTS-FORM AND PROCEDURE

Senate Precedent (38). Question on assembly amendment to senate bill may be divided. On June 9, 1909 (pg. 1071, senate journal), the question was upon concurrence in an assembly amendment to a senate bill. Senator Whitehead asked for a division of the question. The amendment was divided and each part put separately.

Senate Rule 53. When amendments may be offered. Amendments shall be in order only upon the second reading of the bill or resolution.

Note (20). Prior to 1913, the rule was that amendments were in order only before the bill was ordered engrossed or to a third reading. This rule would have permitted amend. ments between the first and second readings, but there was little chance for this while these readings were both had at the same time, and before reference. But when the time for second reading was changed from before reference to the time the bill should return from committee, and in regular procedure appear on the calendar, this rule was changed so that amendments should be in order only upon second reading of the bill. This, of course, does not prohibit an amendment being reported by a committee, for this is specially provided for in the committee rule, but it prohibits amendments from the floor until after second reading, and prohibits action on any amendments until after second reading.

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Senate Precedent (39). Amendments not in order on third reading. On June 12, 1905 (pg. 1560, senate journal), Sena

tor Noble asked unanimous consent to offer amend[*39) ment to No. 619, A., on its third reading. Senator

Wilcox objected and the amendment was not received. On June 12, 1905 (pg. 1560, senate journal), Senator Noble asked unanimous consent to offer amendments to No. 619, A., on its third reading. Senator Froemming objected. On the motion of Senator Roehr, the rules were suspended, 24 to 4, and the amendments received.

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Senate Rule 34. Reading of amendments. Amendments shall be read by the clerk and stated by the presiding offi cer to the senate before being acted upon. Amendments that are printed and on the files shall be read once, whereas amendments that are not on the files shall be read twice.

Vote (21). This rule prior to 1913 did not prescribe the number of times amendments should be read, and Jefferson's Manual required their reading two and three times, respectively. In 1913, the rule was amended to prescribe the number of times in conformity with the practice of the senate as it was.

Senate Rule . Amendments to be offered on furnished blanks. Amendments shall be numbered in the order re. ceived, e. g., Bill No. 1, S., amendment No. 1, S., and shall hear the name of the member or the chairman of the committee offering the same. The chief clerk shall furnish to members sheets with the proper heading printed in blank, upon which amendments shall be written, and all amendments offered shall be on such blanks in triplicate; provided, that amendments offered from the floor are exempted from this rule and from rule 29, except that the chief clerk shall have such amendments drawn in proper form as soon as possible and before the bill is subsequently engrossed, delivered to a committee, or messaged to the assembly: this provision not to dela y action upon any amendment offered from the floor.

Senate Precedent (40). Before amendment of this rule in 1911 attaching to it the proviso exempting amendments of fered from the foor, on February 16, 1911. Senator Gaylord offered an amendment to a resolution relating to reciprocity agreement with Canada. The amendment not being drawn in conformity with the rule Senator Randolph rose to the point of order, and the president (Lieutenant Goyarnos Mor. ris) held that the point was well taken and that the amend

ment was out of order. [10] * Senate Rule 56. Amendments to be germane. No

standing or select committee or any member thereof, shall report any substitute or amendment for any bill or bills or resolutions, referred to such committee, which substitute or amendment relates to a different subject, or is intended to accomplish a different purpose than that of the bill or resolution for which it is reported, or, if adopted and passed. would reduire a title essentially different from the original title of the bill or resolution. Any substitute bill or resolution so reported shall be rejected whenever the serate is advised that the same is in violation of this rule, and this rule shall not be suspended without the unanimous consent of the senate, and shall apply to bills or resolutions originating in either house.

Serate Precedent (41). Amendment must be germane. On March 15. 1905 (pg. 494, senate journal), an amendment of fered bv Senator Wilcox was ruled out of order by the president (Lieut. Gov. Davidson) on the ground that it was not germane to the bill.

Senate Rule .57. Amendments not accepted, when. No amerdinent shall be considered in order that will totally alter the nature of the original hill. resolution or mamorial: and the presiding officer shall rule as to the admissibility of an amendment where the question is raised as to whether or not it does totally alter the nature of the original proposition.

Senate Precedent (42). Amendment totally altering nature not admissible, A substitute amendment to a ial to congress was ruled out on this ground April 13, 1909 (pg. 557, senate journal).

Jefferson's Manual (26)-House to Judge ('onsistency of Amendments. If an amendment be proposed inconsistent

memo

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