Senate Rule 80. Pairs. Members may pair on any question by filing a signed statement of the same [74] with the chief clerk, who shall read the same to the senate before the vote is taken. A blank form of pair for the use of members shall be provided by the chief clerk.

Senate Rule 81. Lieutenant governor to cast deciding vote. The lieutenant governor shall not vote except in the case of a tie vote in the senate, and he shall cast the deciding vote. See section 8 of article V, constitution. Senate Precedent (103). On pair filed with the clerk, the senator present may be released and vote only by suspension of the rules. On May 25, 1909 (p. 870, senate journal), Senator Lyons asked to be released from his pair with Senator James on No. 561, S., stating that Senator James had released him privately by telephone. Senator Hudnall moved that the rules be suspended and Senator Lyons released from the pair. The senate refused to suspend the rules and Senator Lyons was not permitted to vote.

PREVIOUS QUESTION

Senate Precedent (104). A motion may be made and the previous question on such motion moved by the senator making the motion while he still retains the floor. On February 28, 1911, page 249, senate journal, Senator Bodenstab moved limit of debate and previous question on his motion. The president (Lieut. Gov. Morris) held that under general parliamentary precedent and practice a senator can make a motion and at the same time move the previous question on such motion.

Senate Rule 82. Moving previous question. When any bill, memorial or resolution is under consideration, any member being in order and having the floor, may move the "previous question," but such motion must be secondea by at least five senators.

Senate Rule 83. Putting of Motion; Ending Debate. The previous question being moved, the presiding officer shall say, "it requiring nve senators το second the motion for the previous question, those in favor of [75] sustaining the motion will rise." And if a surficient number rise, the previous question shall be thereby seconded, and the question shall then be: "Shall the main question be now put?" which question shall be determined by the yeas and nays. The main question being ordered to be now put, its effect shall be to put an end to all debate, and bring the senate to a direct vote upon amendments, if any be pending or offered, and then upon the main question.

Senate Rule 84. Main question may remain before the senate. When on taking the previous question, the senate shall decide that the main question shall not now be put, the main question shall remain as the question before the senate, in the same stage of proceedings as before the previous question was moved.

Senate Rule 85. But one call of the senate in order. On motion of the previous question, and prior to the ordering of the main question, one call of the senate shall be in order; but after proceedings under such call shall have been once dispensed with, or after a majority shall have ordered the main question, no call shall be in order prior to the decision of such question.

Note (30). This rule was amended in 1913 so as to permit amendments to be offered after the main question had been ordered, it being considered unnecessary in the Wisconsin senate to have so strict a rule upon the previous question. The application of the rule prior to that time is shown by the following:

(pg. 46, senate No. 14, A., and

Senate Precedent (105). On May 3, 1912 journal), the main question was ordered on was "Shall the bill be ordered to a third reading." Senator Gaylord offered an amendment, but the president

(Lieut. Gov. Morris) ruled that the amendment could not be received, the main question having been ordered.

Senate Rule 86. Call of the senate. Five senators may make a call of the senate and require absent members to be sent for, but a call of the senate cannot be made after the voting has commenced.

Senate Rule 87. Putting question. On a call of the senate being moved, the presiding officer shall say: "It requiring five senators to make a call of the senate, those in favor of the call will rise." And, if a sufficient number shall rise, the call shall be thereby ordered.

Senate Rule 88. Doors to be closed. A call of the senate being ordered, the sergeant-at-arms shall close the doors, and no member shall be allowed to leave the chamber.

Senate Rule 89. Sergeant to bring in absentees. The clerk shall immediately call the roll of the members, and note the absentees, whose names shall be read, and entered upon the journal in such manner as to show who are absent with leave and who are absent without leave. The clerk shall furnish the sergeant-at-arms with a list of those who are absent without leave, and the sergeant-atarms shall forthwith proceed to find and bring in such absentees.

Senate Rule 90. Senate under call; raising call; adjournment. While the senate is under a call no business shall be transacted except to receive and act on the report of the sergeant-at-arms; and no other motion shall be in order, except a motion to adjourn, and a motion to suspend further proceedings under the call, which motions shall be determined by yeas and nays; and the motion to suspend further proceedings under the call shall not be adopted, unless a majority of all the members elect vote in favor thereof. A majority of those [*77] present may adjourn, but upon re convening, the senate shall not be considered to be under the call, but the call of the senate may again be ordered in the same manner as above described.

Senate Rule 91. Sergeant-at-arms may report. The sergeant-at-arms may make a report of his proceedings at any time, which report may be accepted, and further proceedings under the call thereby dispensed with; but the motion to accept such report shall be determined by yeas and nays, and it shall not be adopted unless a majority of all the members elect of the senate shall vote in favor thereof. If such report be not accepted, the sergeant-at-arms shall proceed to a completion of his duties as required by rule number 88.

Senate Rule 92. Call raised when absentees present. When the sergeant-at-arms shall make a report showing that all who were absent without leave (naming them) are present, such report shall be entered on the journal, and the call shall be at an end; and thereupon the doors shall be open and the business pending when the call was made shall be proceeded with.

Senate Precedent (106).

The senate has refused to excuse a senator from voting on dispensing with further proceedings. On April 8, 1899 (p. 628. senate journal), Senator Anson asked to be excused from voting, which request was refused.

Note: Rule 90 provides that no business shall be transacted under call except to receive and act upon the report of the sergeant-at-arms, and that no motion shall be entertained except to adjourn or to dispense with further proceedings. To excuse a senator from voting, even by unanimous consent, would probably be transacting business other than that permitted by the rule and therefore the request probably would be out of order.

Senate Rule 93. Employment and discharge of employes. All appointments and removals of assistants to the chief clerk or subordinates to the sergeant-at-arms shall be made by such chief clerk or sergeant-at-arms respectively. No employe shall be allowed compensation except for such time as he is actually in attendance, except when absent with leave in writing from his superior officer. Upon no day of the week shall employes be exempted from this provision. Every employe shall perform such duties in connection with the work of the senate as he shall be assigned by his superior officer, and shall be available at such hours as his superior officer shall direct.

Note (31). The movement for efficiency on the part of legislative employes began in Wisconsin in 1907, when the civil service law applied to legislative positions for the first time. This law displaced the spoils system, under which clerks not qualified were likely to be appointed, and most of the clerks did not expect and were not expected to render services commensurate with their compensation. The tendency of the civil service law is to place in the positions clerks better qualified and to make prevalent the idea of giving value received for their compensation. The idea of clerical efficiency is a comparatively new one in legislative bodies, and even the civil service law could not bring about a revolution in Wisconsin in this respect. The idea has grown through the several sessions since 1907, however, and by reason of the better qualifications of the men, the changing idea of the nature of the service, greater requirements, and better organization, the clerical force of the Senate of 1913 very nearly reaches the percentage of efficiency that is obtained in permanent business establishments, under conditions which the nature of the employment makes much more adverse than would be met in such establishments.

Serate Rule 94. Certification of pay roll, The chief clerk and the sergeant-at-arms of the senate shall certify to the secretary of state the names of all persons employed in their respective departments, the capacity in which employed, and the amounts respectively due them, which certificates shall be approved by the presiding officer of the senate.

Jefferson's Manual (57)—Member May Insist Rules be Carried Out. The only case where a member has a right to insist on anything, is where he calls for the execution of a subsisting order of the House. Here, there having been already a resolution, any person has a right to insist that the Speaker, or any other whose duty it is, shall carry it into execution; and no debate or delay can be had on it. Thus any member has a right to have the House or gallery cleared of strangers, an order existing for that purpose: or to have the House told when there is not a quorum present. Senate Rule 95. Rescinding, or amending, rules. No standing rule or order shall be rescinded or changed without one day's notice being given for the motion therefor, which motion shall embrace the proposed amendment. These rules shall not be rescinded or changed except by a vote of at least two-thirds of the members present. Unless there shall be unanimous consent for the suspension of the same the vote shall be taken by yeas and nays.

Senate Precedent (107). A motion to create a standing committee is an amendment to the rules and must lie over one day, but a motion to create a special committee may be acted upon at once. On February 17, 1911, page 215, senate journal, Senator Scott moved that a committee on legislative procedure be appointed. The president (Lieut. Gov. Morris) held that the motion must lie over one day under rule 95. Senator Scott then withdrew his motion with consent and moved that the president appoint a special committee, which motion was put at that time.

Senate Precedent (108). Offer of resolution to amend rules is notice and resolution lies over one day. On February 19.

1913, Senator A. E. Martin offered a resolution to amend rule 12.

Senator Randolph rose to a point of order that under rule 95 a day's notice of a motion to rescind or change standing rule must be given, and that therefore the resolution offered by Senator Martin was out of order.

The president (Lieut. Gov. Morris) held: Under rule 95 one day's notice must be given before a motion or resolution to amend the rules can be acted upon, but under the *practice of the senate, the offering of the resolution is in itself the giving of notice of the motion contained in the resolution.

[*80]

The resolution is in order to be received at this time, but must be printed in the journal and lie on the clerk's desk for one day, not being received for action until tomorrow, when it has privilege of immediate consideration.

Senate Rule 96. Suspending rules. These rules may be suspended by the senate by vote of two-thirds of the members present. The vote shall be determined by yeas and nays unless unanimous consent be given.

Senate Precedent (109). On motion to suspend rules, main question cannot be debated. On April 27, 1911, page 585, senate journal, Senator Bodenstab moved that the rules be suspended to permit him to offer an amendment to a bill on third reading, and spoke to his amendment. Senator Randolph rose to a point of order that, the question being on the suspension of the rules, discussion of the amendment was not in order. The president (Senator Martin) held that the point of order was well taken.

Senate Precedent (110). On question to suspend the rules to release a senator from a pair on a bill, the senators paired on the bill cannot vote. On May 25, 1909 (pg. 870, senate journal), the question was upon motion to suspend the rules and release Senator Lyons, who was present, from a pair with Senator James, who was absent, but who Senator Lyons stated had released the pair by telephone. Senator Randolph rose to a point of order that senators who were paired on the bill could not vote on suspension of the rules.

The president (Lieut. Gov. Strange) held the point well taken.

Senate Precedent (111). On June 20, 1911, page 1056, senate journal, the senate adopted a resolution by unanimous consent which, without specifically amending or suspending rule 19, changed the calendar day for the rest of the session.

This precedent follows the practice of the senate.

Senate Rule 97. Jefferson's Manual-rules of practice. The rules of parliamentary practice comprised in Jefferson's Manual, shall be the standard in all cases to which they are applicable and in which they are not inconsistent with these rules.

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*JOINT RULES

OF THE

SENATE AND ASSEMBLY

With Extracts from Jefferson's Manual,
Precedents, and Notes

Note. For several sessions the senate and assembly endeavored to adopt all rules jointly, but could not agree on various rules affecting the procedure in each house. In 1913, the senate took out of its rules, all rules that were in their nature joint, and adopted a joint resolution making them joint rules. The assembly concurred in this resolution.

Jefferson's Manual (58)—High Privilege of Messages. Messages between the Houses are to be sent only while both Houses are sitting. They are received during a debate without adjourning the debate.

In the Senate the 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. So arranged June 15, 1798. In the House of Representatives, as in Parliament, if the House be in committee when a messenger attends, the Speaker takes the chair to receive the message, and then quits it to return into committee, without any question or interruption. [*82]

*Joint Rule 1. Joint convention. Whenever there shall be a joint convention of the two houses, the proceedings shall be entered at length upon the journal of each house. The lieutenant governor or president of the senate shall preside over such joint convention, and the chief clerk of the assembly shall act as clerk thereof, assisted by the chief clerk of the senate; provided that the lieutenant governor shall not act in said convention except as the presiding officer, and in no case shall have the right to give the casting vote.

Joint Precedent (1). The senate has ignored order of joint convention that minutes of joint convention in senate journal be changed. On March 2, 1909 (pg. 336, senate journal), a motion to change in the senate journal the record of the Joint convention of the day before was ruled out of order by the president (Lieut. Gov. Strange). Upon appeal the president was overruled (the appeal being decided, however, without a roll call). The motion then prevailed.

The journal of the senate had been approved before this action by the joint convention, and the president directed the chief clerk of the senate to ignore the order of the joint convention, and the senate journal was not changed.

Note. The chief clerk in 1911, upon another point, wrote an inquiry to Hon. Asher C. Hinds, Member of Congress, who was for years Parliamentary Clerk of the House of Representatives and author of Hinds' Precedents, of House of Representatives, and 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