« ПредыдущаяПродолжить »
decide by a question whether they are his words or not. Then the member may justify them, or explain the sense in which he used them, or apologize. If the House is satified, no further proceeding is necessary. But if two members still insist to take the sense of the House, the member must withdraw before that question is stated, and then the sense of the House is to be taken. When any member has spoken. or other business intervened, after offensive words spoken,
They can not be taken notice of for censure. And [*50] this is the common security of all, and to prevent
mistakes which must happen if words are not taken down immediately. Formerly they might be taken down at any time the same day.
Jefferson's Manual (38) Limitation of Debate Privilege. For any speech or debate in either House, they shall not be questioned in any other place. But this is restrained to things done in the House in a parliamentary course. For he is not to have privilege contra morem parliamentarium, to exceed the bounds and limits of his place and duty.
Privilege is in the power of the House, and is a restraint to the proceeding of inferior courts, but not of the House it self. For whatever is spoken in the House is subject to the censure of the House.
Senate Rule 66. How members may speak. No member shall speak except in his place, and not more than twice on a question, except on leave of the senate. And if a question pending be lost by adjournment and revived on the succeeding day, no member who shall have spoken twice on the preceding day shall be permitted again to speak without leave of the senate.
Senate Precedent (54). Point of order that senator may not speak third time was raised and sustained. senate journal. April 14, 1911, page 499,
Jelerson's Manual (39). May speak also to amendment. On an amendment being moved, a member who has spoken to the main question may speak again to the amendment.
Jefferson's Manual (40). May speak until both attirmative and negative are fully put. After the speaker has put the affiirmative part of the question, any member who has not spoken before to the question may rise and speak before the negative be put; because it is no full question till the negative part be put. When a question is divided, after the question on the 1st
member, the 2d is open to debate and amendment: [*31] because it is a known rule that a person may rise
and speak at any time before the question has been completely decided, by putting the negative as well as afirmative side. But the question is not completely put when the vote has been taken on the first member only. One-half of the question, both affirmative and negative, remains still to be put.
Senate Precedent (55). Discussion of the bill is in order upon motion to reconsider vote by which postponed beyond end of session. On April 28, 1909, page 659, senate journal, the question was upon motion of Senator Browne to reconsider the vote by which two bills were referred to a special committee with the understanding that they were to be considered at a special session. The merits of the bills were discussed by Senators Husting and Brazeau. Senator Bird rose to a point of order that discussion of the bills was not discussion of the motion to reconsider.
The president (Lieut. Gov. Strange) held the point not well taken and that the question of reconsideration of the postponement opened the merits of the bills to debate.
Note (23). In the House of Representatives, debate on the motion to postpone to a day certain is confined within narrow limits, the merits of the bill not being open to discussion. The reference to the committee, in the above case, however, a mounted to an indefinite postponement, since the bills would fall with adjournment sine die, and have to be again introduced and also because a special session was not certain and was not, in fact, called
Senate Precedent (56). Debate may be printed in journal, On Feb. 9. 1909 (pg. 21, senate journal), Senator Husting moved a correction of the journal of the preceding day to Show verbatim part of the debate. Senator Page rose to a point of order that such debate was no part of the minutes of the proceedings of the senate. The president (Lieut. Gov. Strange) held the point not well taken.
Senate Precedent (57). A motion to suspend the rules to place a bill on final passage and to limit debate on the question may be made as one motion. On Feb. 28, 1911 (pg. 249, senate journal), Senator Bodenstab moved that the rules be suspended and No. 29. A., put upon final concurrence and that debate on the bill and amendments be limited. Senator Blaine rose to a point of order that the motion was out of order because it contained two propositions which were inconsistent with each other. The president (Lieut. Gov. Morris) held that the two propositions contained in the motion were not inconsistent with each other because if the rules were suspended and the bill placed upon its concurrence the question then would be upon concurrence in the bill and would be subject to de
bate, which debate the motion proposed to limit. [*52] *Senate Rule 67. When a motion is made, it
shall be stated by the presiding officer or read by the clerk, previous to debate. If any member require it, all motions, except to adjourn, postpone, or commit, shall be reduced to writing. Any motion may be withdrawn by consent of the Senate before division or amendment.
Senate Rule 68. Motions in order during debate. When a question is under debate, no motion shall be received except:
1. To adjourn.
To postpone to a day certain.
These several motions shall have precedence in the order In which they stand arranged in this rule.
Senate Precedent (58). Privilege of motion to commit suspended by resolution. On May 24, 1911 (pg. 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 (pg. 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, tho motion to rerefer was out of order. The president (Lieut. Gov. Morris) held that the point 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.
Senate Precedent (659). Motion to lay over to day certain has precedence to motion to commit. 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 the 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. 1*53) *Senate ('recedent (60). On May 18, 1911 (pg. 743,
senate journal), the president (Senator Martin) held a motion to lay on the table to take precedence over a motion to rerefer.
Senate Precedent (61). A motion to nonroneur in is equivalent to a motion to postpone indefinitely. On Feb. 17. 1911 (pg. 214. senate journal), Senator Randolph moved that a joint resolution be nonconcurred in. Senator Owen moved that the resolution be laid over until the next calendar day. The president (Lieut. Gov. Morris) held that Senator Owen's motion took precedence under rule 68.
Senate Precedent (62.) A motion to indefinitely postpone is not in order when the bill has passed and been returned from the assembly with an amendment, the amendment and not the bill being the question before the senate. (Page 1183, senate journal, June 28, 1911.)
Jefferson's Manual (41). Comparative privilege of questions. It is a general rule that the question first moved and seconded shall be first put. But this rule gives way to what may be called privileged questions; and the priuileged questions are of different rades among
Reading papers relative to the question before the House. This question must be put before the principal one.
Suppose a motion to amend a motion for postponement, as to one day instead of another, or to a special instead of an indefinite time. The useful character of amendment gives it a privilege of attaching itself to a secondary and privileged motion: that is, we may amend a postponement of a main question. So, we may amend a commitment of a main question, as by adding, for example, "with instructions to inquire," etc.
Jefferson's Manual (42). Coexisting questions. It may be asked whether the House can be in possession of two motions or propositions at the same time so that, one of them being decided, the other goes to question without being moved anew? The answer must be special. When & question is interrupted by a vote of adjournment, it is thereby removed from before the House, and Cues not stand ipso facto before them at their next meeting, but
must come forward in the usual way. So, when it  is interrupted by the order of tne day. Such
other privileged questions also as dispose of the main question (e. g., the previous question, postponement,
commitment), remove it from before the House. But it is only suspended by a motion to amend, to withdraw. to read papers, or by a question of order or privilege, and stands again before the House when these are decided. None but the class of privileged questions can be brought forward while there is another question before the House, the rule being that when a motion has been made and seconded, no otner can be received except it be a privileged one.
Senate Rule 60, Motion to adjourn always in order. A motion to adjourn shall always be in order except when the senate is voting; but this rule shall not authorize any member to move an adjournment when another member has the floor.
Jefferson's Manual (43). House "adjourns" to next witting day. A motion to adjourn, simply, cannot be amended, as by adding “to a particular day;" but must be put simply "that this House do now adjourn;" and if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolition, "ha' at
sing it will adjourn to a particular day," and then the House is adjourned to that day.
Senate Precedent (63). Motion to adjourn to a day be. yond the next baving failed, a motion to adjourn has been ertertained and put. On Feb. 21, 1899 (pg. 225, senate journal), Senator Green
that the senate adjourn until Feb. 23, which motion was lost. Without intervening business, unless it were unrecorded debata, the senute adjourned upon motion of Senator Miles.
Senate Precedent (64). Two consecutive motions to adjourn bave been put. On Feb. 8. 1899 (p. 151, senate journal), Senator Welton moved adjournment. The motion was lost. Without intervening business, unless it were recorded debate, Senator Woodworth moved adjournment, and upon his motion the senate adiourned.
Note: This would not be permitted under the present rules of the senate, or under general parliamentary practice. Other business must intervene between motions to adjourn. Senate Precedent (65). Motion to amend motion to ad
journ by making it a motion for a recens has been 
put. On Feb. 8, 1899 *(p. 151, senate journal. Sen.
ator Welton moved adjournment. Senator McGillivray moved to amend the motion by fixing the uime of
adjournment until 7:30 o'clock P. M., the same day. The amendment was put and lost.
Note: This would not be permitted under the present rules of the senate, nor under general parliamentary practice: a motion to adjourn cannot be amende
Senate Precedent (66). Motion to adjourn has been amended by making it a motion for a recens, On April 28, 1899 (p. 870. senate journal). Senator Baxter moved that the senate adjourn until 8:30 o'clock, Monday evening, May 1st. Senator Jones moved to amend that motion to take a recess until 7:30 o'clock P. M. The amendment prevailed and the motion as amended prevailed.
Note: This precedent does not conform to good parliamentary practice,
Senate Precedent (67). Consecutive motions for recess, each motion naming a different time, have been allowed. On April 16, 1897 (pg. 875) senate journal), Senator Green moved that the senate take a recess to 7:30 o'clock P. M.. which motion was lost. Without intervening business, upless it were unrecorded debate, Senator Munson (pg876) moved that the senate take a recess to 5:00 o'clock P. M., which motion prevailed.
On April 13, 1903 (Pg. 677, senate journal), Senator Hatten moved that the senate take a recess until 8:30 o'clock P. M., which motion was lost. Without intervening business, unless it were unrecordeddebate, Senator McGillivray moved that the senate take a recess until 8:45 o'clock P. M., which motion prevailed. The record in the journal indicates a quorum was not present because these motions included a motion to dispense with the roll call.
Senate Precedent (68). Motion to take recens ho same hour may be repeated, other business intervening. On April 16. 1897 (pg. 872. senate journal), Senator Welton moved that the Senate take a recess to 7:30 P. M., which motion was lost. Later on the same day, other business intervening, Senator Green (pg. 875) moved that the Senate take a recess to 7:30 p. m., which motion was lost.
Senate Precedent (69). Second motion to set some time to which senate shall adjourn has been entertained, other business intervening. On April 16, 1897 (pg. 856, senate journal), Senator Devos moved that when the senate adjourn it be until Monday, April 19, at 8:30 P. m., which motion was lost. Later in the same day, other business intervening, Senator Austin (pg. 872) moved that when the senate adjourn it be until Monday, April 19, at 8:30 p. m., which motion prevailed.
Senate Precedent (70). Motion to set time to which senate shall adjourn may follow defeated motion for recess, without intervening business. ('n Anril 16. 1897 (pg.
872, senate journal), Senator Welton moved that the senate take a recess to 7:30 P. m.. which mo
tion was lost. Without intervening business, unless it was unrecorded debate. Senator Austin moved that when the senate adjourn it be until 8:30 p. m., Monday, April 19, which motion prevailed.
Senate Precedent (7!). Motion for a rerere has been made and put with motion to dispense with roll call 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 o'clock p. m, which motion was lost, Senator McGillivray then moved that the roll be dispensed with and the senate take a recess until 8:15 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.
Senate Precedent (72). Motion for recess has seme nrivi. lege as motion to adjourn. On March 5. 1913, on No. 114. S.. Senator Linley moved that the bill be rereferred to a committee. Senator Ackley moved that the senate take a recess. Senator Bosshard rose to a point of order that Senator Ackley's motion was out of order because a motion was pending on a bill under consideration. The president (Senator Martin) held the point of order not well taken for the reason that a recess has the same privilege as a motion to adjourn, which is always in order.
Senate Precedent (73). Motion to adjourn being defeated, motion to take recess has been entertained and defeated, and another motion to adjourn entertained and carried, On March 8, 1899 (p. 344, senate journal), Senator Green moved that the senate adjourn, which motion was lost. Senator Green then moved that the senate take a recess, which motion was lost. Upon motion of Senator Woodworth the senate then adjourned. All of the above motions were put without intervening business, unless it were unrecorded debate.
Note (24). In the U. S. House of Representatives motion for a recess is no longer privileged when other business is before the house. The reason for this is that the motions to adjourn and to take a recess were often used alternately ad infinitum for purposes of obstruction. It is a parliamentary rule that a second motion to adjourn is not in order until other business has intervened; the smallest proceeding, however, even debate with no action, constituting the necessary other business. The motion to take a recess constituted such other business, and for this reason the motion to take a recess has been deprived of its privilege.
Such obstructive tactics would rarely, if ever, be used in the Wisconsin senate, although the precedents of the senate which have given a motion to take a recess equal privilege with a motion to adjourn and permits either to follow the
other, and have given the right for successive mo tions for a recess to different times, or "for adjourn
ment, making it possible to continue making these motions ad infinitum, have thrown the senate open to dilatory tactics. It may be that in some of these precedents, debate, which constitutes other business, intervened, but the journal in no case has recorded this, and it leaves the precedent absolutely without intervening business. However, dilatory tactics of this kind have been prevented in the U. S. House of Representatives, which has a rule against dilatory motions, by holding these motions, when the purpose of obstruction is apparent, out of order as dilatory. Even in the absence of a rule against dilatory motions, such tactics could be prevented in the Wisconsin senate, by holding them out of order, a majority that was being obstructed by a minority having power to sustain or reverse the president on appeal. However, if the length of legislative sessions shall at any time be restricted, the practice on these motions may at times assume great importance. It is during the days and hours approaching 12 o'clock noon, March 4. that dilatory tactics are most often resorted to in Congress, and under a limited session, similar situations would be likely to arise in the Wisconsin legislature. Therefore, when the rules are again revised, it is suggested that the motion to adjourn to an hour or day other than simple adjournment be placed second in the list of privileged motions in rule 68, and a motion to take a recess third, and that rule 69 be amended to read: “A motion to adjourn, to adjourn to an hour or day other than simple adjournment or to take a recess, shall always be in order except when the senate is voting; but this rule shall not authorize any member to make either of these motions when another member has the floor, nor shall either of these motions be in order a second time unless other business shall have intervened, and neither of the four motions regulated by this rule shall constitute such business. A motion to adjourn to an hour or day other than simple adjournment may be amended as to time; provided that it shall not be amended to make the time the same as simple adjournment. A motion to take a recess may be amended as to time. Either of these two latter motions having been lost, naming a different time shall not make another motion other than a second motion under this rule. A motion to set the time to which the senate shall adjourn shall be in order only when no question is under debate; this motion may be amended as to time, but even though a different time be named, shall not be in order a second time, unless other business intervenes, and the first three privileged motions in rule 68 shall not constitute such business. Numerous motions under this rule, when plainly dilatory, shall be out of order."
Note (23). The senate can interrupt by recess the sitting to reconvene at any hour of the then calendar day, and can also continue by recess or by continuing in session the then