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SENATE PRECEDENTS, SESSION OF 1913

[February 5.]

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 objected.

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 held that the hour of 10:30 having arrived, under Res. No. 8, S., the point was not well taken.

Senator Burke rose to a question of parliamentary inquiry, whether the question to resolve itself into a committee of the whole is debatable. The president answered that this motion was debatable.

Senator Burke addressed the senate, discussing the subject matter of Res. No. 8, S.

The president called Senator Burke to order, stating that the debate must be confined to the question before the senate.

Senator Browne addressed the senate discussing the subject matter of Res. No. 8, S.

Senator Randolph rose to a point of order, that Senator Browne was not speaking on the question before the senate.

The president held that the point of order was well taken.

Senator Martin rose to a point of order, that Res. No. 8, S., providing that the senate resolve itself into a committee of the whole, it was the duty of the president to declare the senate resolved into a committee of the whole and to name the chairman of the committee.

The president held that the senate could not resolve to resolve itself into a committee of the whole at a future date and hence that the point was not well taken.

Senator Browne rose to a question of parliamentary inquiry, if the question whether the senate has jurisdiction in the subject matter of Res. No. 8, S., is not germane to the question, "Shall the senate resolve itself into a committee of the whole."

The president held that debate upon the subject matter of Res. No. 8, S., was not in order.

[February 13.]

COMMITTEE REPORT

Senator Bosshard reported, that the special committee on conservation was organized by the election of Senator Husting as chairman.

The president held, that the action of the committee and the report were unnecessary; that when, under rule 21, special committees are appointed by the president, the senator first named on such committee is chairman.

[February 19.]

RESOLUTION INTRODUCED

No. 15, S. [To amend standing 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 a standing rule must be given,
and that therefore the resolution offered by Senator Martin was out of
order.

The president held:

Under rule 95 one day's notice must be given before a motion or resolu-
tion 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;

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.

[February 20.]

Senator Linley arose to a question of parliamentary inquiry:

Did not the adoption of the amendment make the question, Shall the
bill be ordered engrossed and read a third time?

The president stated: The practice of the senate when the committee
recommends indefinite postponement, is to put the question upon the
recommendation of the committee.

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

A division was called for, and the motion was lost.

[February 21.]
MOTIONS

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.,
postponed, be reconsidered.

The president put the motion.

was indefinitely

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 to-day, even by unanimous consent?
The president 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.

[March 3.]

Senator Zophy offered a substitute amendment to No. 122, S.

The president held that the bill being in the possession of the com-
mittee on Judiciary, and not before the senate, the substitute amendment
was out of order at this time.

[March 5.]

No. 114, S.

Senator Linley moved that the bill be re-referred to the committee
on Education and Public Welfare.

Senator Ackley moved that the senate take a recess until 5:00 o'clock
p. m.

Senator Bosshard rose to a point of order that Senator Ackley's motion
was out of order because there was already a motion before the senate.
The president held the point of order not well taken for the reason
that a motion for a recess has the same privilege as a motion to adjourn,
which is always in order.

No. 160, S.

[March 6.]

[The senate refused to indefinitely postpone the bill.]

Senator Husting rose to a question of parliamentary inquiry and
asked: "Should not the question now be, 'Shall the bill be ordered en-
grossed and read a third time?''

The president (Senator True), held that the refusal of the senate to
indefinitely postpone, ordered the bill engrossed and read a third time.

And so the bill was indefinitely postponed.

Senator Linley rose to a question of personal privilege and stated
that, having been absent from the chamber when the yeas and nays were
called on No. 19, S., he asked unanimous consent that the journal record
a statement that he was opposed to the bill.
Consent was given.

Several senators made reference to the action of the assembly upon a
similiar bill.

The president called the senators to order and ruled that mention in
debate of any action of the assembly was out of order.

[March 12.]
MOTIONS

Senator Bichler moved that No. 245, S., be recalled from the com-
mittee on Corporations.

Which motion prevailed.

The

Senator Bichler offered a substitute amendment to the bill.
president stated that the amendment could not be received until the bill
was returned from the committee and on the clerk's desk, saying: "It
is a dangerous practice to endeavor to act upon papers when they are no
in the possession of the senate and on the clerk's desk, and it will be the
rule of the chair that this senate cannot act upon papers unless they are
on the clerk's desk."

[March 13.]

The question was, “Shall the vote by which the bill was passed be
reconsidered?”

While Senator Burke was endeavoring to secure recognition, the presi-
dent announced that the noes have it.

Senator Burke then asked for the yeas and nays.

Senator Randolph rose to a point of order that the vote was announced.
The president stated that the books on his desk obstructed his view of
Senator Burke, and requested that the senate permit him to entertain
the request for the yeas and nays. There being no objection, the request
was entertained.

No. 333, S.,

[March 20.]

Senator Husting offered amendment No. 1, S.

The question was, Shall amendment No. 1, S., be adopted?

The president put the question and was about to announce the result
when Senator Husting asked unanimous consent to discuss the amend-
ment.

Senator Burke objected.

Senator Husting then called for a division and the amendment was
adopted.

Upon motion of Senator Husting,

The vote by which amendment No. 1, S., was adopted, was recon-
sidered.

[March 25.]

MOTION.

Senator Zophy moved that No. 103, S., be re-referred to the committee
on Judiciary.

Senator Randolph rose to a point of order, stating that the vote by
which the bill was laid over until Thursday, March 27, 1913, must first
be reconsidered before Senator Zophy's motion was in order.
The president held the point of order well taken.

[March 26.]

MOTIONS.

Senator Snover moved that the vote by which No. 105, S., was re-
fused passage, be reconsidered.

Senator Randolph rose to a point of order, that Senator Snover being
absent at the time when the vote on No. 105, S., was taken, cannot move a
reconsideration, he not having voted with the majority under rule 73.
The president held the point of order well taken.

[March 27.]

Senator Linley moved that the vote by which No. 125, S., was passed
be reconsidered.

The president held, that, since Senator Linley voted with the minority,
he could not move a reconsideration.

Upon request of Senator Ackley, with unanimous consent No. 192, S.,
was recalled from the committee on Corporations.

Senator Ackley offered substitute amendment No. 1, S.

The president held that the amendment could not be received until
the bill was on the clerk's desk.

[March 27.]

No. 403, S.

Discussion arose between Senators Glenn and Kileen.

Senator Randolph rose to a point of order, that the senators were
not addressing the chair and that Senator Kileen had spoken more than
twice upon the same question.

The president held the point of order well taken.

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Senator Bosshard moved that the resolution be nonconcurred in.

Senator Scott moved that the resolution be laid over and made a
special order at 7:30 o'clock p. m.

Senator Burke rose to a point of order, that the motion of Senator
Scott was out of order while the motion of Senator Bosshard was pend-
ing.

The president held that a motion to postpone took precedence of the
motion to nonconcur.

[April 16.]

And so the senate refused to place the bill at the foot of the calendar.
Senator Skogmo moved to lay the bill over and make it a special order
at 10:30 o'clock a. m., Wednesday, April 23, 1913.

Senator Burke rose to a point of order that the motion to place at the
foot of the calendar was a motion to postpone, and that a second motion to
postpone could not be entertained at this time.

The president held the point not well taken, stating that the motion to
place at the foot of the calendar was not a motion to postpone within the
intent of the rule.

Senator Skogmo offered substitute amendment No. 2, S.

Senator Burke moved that substitute amendment No. 2, S., be laid on
the table.

Senator Bosshard rose to a point of order, that the substitute amendment
must lay over under the rules before action.

The president held the point of order well taken.

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