PREVIOUS QUESTION.

Call for, can be Renewed Same Day. 72. The Senate decided that the previous question, having been called on the pending question of a bill and not sustained, could be called again on the same day. (Senate Journal, 1844, p. 690.)

On Bill, not Precluded by Motion to Postpone. 73. A motion for postponement being before the Senate, the previous question was called. The Speaker decided that if the call was sustained, the first question would be on the motion to postpone, and not on the bill pending. From which decision an appeal was taken, and the decision reversed by the Senate. (Senate Journal, 1850, pp. 265, 269.)

Cuts off Motion to Indefinitely Postpone. 74. The Speaker decided that the previous question cut off a motion to postpone indefinitely. The Senate sustained the decision. (Senate Journal, 1868, p. 914.)

Call for, in Order While a Senator is Speaking.

75. Mr. Cooper submitted a point of order that, as the Senator from Philadelphia (Mr. Adams) had the floor, the call for the previous question could not be recognized by the Chair at that time. The President decided the point of order not well taken. (Senate Journal, extra session, 1883, p. 172.)

76. Mr. Hall submitted the point of order that the question was not divisible, for the reason that if the first proposition was defeated the remaining proposition would be incomplete. Decided well taken. (Senate Journal, 1883, p. 696.)

Mr. Wallace called for a division of the question, so that a vote could be had upon each of the several sections offered as an amendment to the bill. The President decided that the question was not divisible, because the amendment would be incomplete unless adopted as a whole. (Senate Journal, 1883, p. 1225.)

77.

When Divisible.

Mr. Gordon called for a division of the question (on a resolution to appoint a conference committee, and instruct the same), so that a separate vote could be had upon each of the two propositions contained therein. Mr. Adams submitted the point of order that the resolution could not be divided without destroying the sense, and the call for a division of the question was, therefore, not in order. The President decided the resolution could be divided without destroying the sense, and the point or order, therefore, not well taken. (Senate Journal, extra session, 1883, p. 56.) When a Part of a Divisible Question Cannot be Considered.

78. And the question being: "Will the Senate agree to the second division?" Mr. McCracken submitted the point of order that the first division of the question having been ruled out of order, the second division is incomplete and unintelligible, and therefore, not in order. The President decided the point of order well taken. (Senate Journal, extra session, 1883, p. 56.)

stricken out on the third reading of House bill No. 289, known as the repeal of the recorder's act of 1878, was an error, a tie vote having been cast, and the proceedings subsequent to the decision of the President of the Senate be corrected upon the Journal and rescinded)-the hour fixed for a special order having arrived, Mr. Reyburn then submitted the point of order that the question before the Senate was one of the highest privilege, and as such its consideration was in order until finally decided. The President submitted the point of order to the Senate for its decision. Decided in the negative by the Senate. (Senate Journal, 1883, pp. 779, 780, 787.) QUORUM.

Senators Announcing "Pairs" to be Counted in Making up.

80. Mr. Lee submitted the point of order that those members of the Senate who responded to the call of the yeas and nays just taken by stating as a reason for not voting that they were paired with absent Senators, are to be counted to ascertain whether there was a quorum present when the vote was taken. President pro tempore decided the point of order well taken and the resolution agreed to. (Senate Journal, extra session, 1883, p. 143.)

The

Senators Announcing "Pairs" and Signing Appeal to be Counted in Making up.

81.

An appeal having been taken from the foregoing decision, and the yeas and nays called and the five Senators who signed the appeal declining to vote, Mr. Reyburn (acting President pro tempore), decided that with twenty-three Senators voting, the two Senators recorded as present and paired, and the records on the question, a quorum was present, and the question was decided in the affirmative. (Senate Journal, extra session, 1883, p. 145; appeal from decision of the Chair, p. 145.)

And

The acting President pro tempore (Mr. Reyburn), directed the clerk to call the names of the Senators who signed the appeal from the decision of the Chair, viz: Messrs. Gordon, Kennedy, Biddis, Ross and Hess, and make a record of the same; which was done. the acting President pro tempore (Mr. Reyburn) decided that with the Senators voting, the Senators present and paired, and the record on the question, a quorum was present, and the question determined in the affirmative. (Senate Journal, extra session, 1883, p. 146.)

RECESS.

Amending Motion for.

82. The President decided it not in order to amend a motion "that the Senate take a recess" by adding thereto an amendment fixing the order of business when again convened. An appeal was taken, and the decision reversed. (Senate Journal, 1877, p. 574.)

A motion "that the Senate take a recess until eleven o'clock," having been amended by adding thereto "and that the Senate then proceed to the consideration of House bill No. 162," the President decided that the Senate having under consideration bills on third reading, and the bill proposed to be considered after the recess, being on second reading, it would require a two-thirds vote to pass the resolution. An appeal was taken, and the decision reversed. (Senate Journal, 1877, p. 576.)

Motion for, not in Order After Motion to Adjourn has been Defeated, and Vote Shows a Quorum Voting.

83. A call for the previous question having been made on the first division of a motion to fix an afternoon session for the consideration of a certain bill, and less than a quorum voting thereon, a motion was made to adjourn and negatived, the vote showing more than a quorum present. A motion was then made to take a recess until tomorrow morning when Mr. Cooper submitted the point of order that as the vote

RECONSIDERATION.

Of Negative Vote on Final Passage of Bill, When Motion for, in Order.

84. The Speaker decided it in order, without asking leave of the Senate, to make a motion to reconsider the vote negativing a bill on its final passage when the order for the third reading of bills has been reached. (Senate Journal, 1844, pp. 836-37.)

the Senate has already refused to do, without reconsidering the previous action of the Senate, and is, therefore, not in order. The President decided the point of order well taken, and ruled the resolution out of order. (Senate Journal, extra session, 1883, p. 62.)

A Motion for, Always in Order.

92. An objection having been made to the motion for the reconsideration of the vote by which a resolution was defeated, the President decided that a motion to reconsider is always in order. (Senate Journal, extra session, 1891, p. 404.)

RESOLUTIONS.

85. A point of order was submitted by Mr. Laird, viz: That as the vote by which said bill was negatived on final passage had once been reconsidered, and the bill having again been negatived on final passage, the motion to again reconsider said vote was not in order. Decided well taken. (Senate Journal, 1883, p. 545.)

One Voting with Majority Only can Second Motion for.

86. Mr. Gordon submitted the point of order that Mr. Laird was not competent to second the motion to reconsider, he not having voted with the majority. Decided well taken. (Senate Journal, 1883, p. 636.)

Not in Order After Five Legislative Days. 87. Mr. Cooper submitted the point of order that, as five legislative days had elapsed since the vote was held by which the amendment was agreed to, under the provisions of the sixteenth rule of the Senate, the motion was not now in order. Decided well taken. Journal, 1883, p. 737.)

(Senate

Motion for, once Negatived, Cannot be Made for Special Amendment to Bill.

88. A motion was made by Mr. Cooper that the vote had by which the recorder's repeal bill, as amended, was agreed to a third time be reconsidered for the purpose of special amendment. The President decided the motion not in order, as a motion to reconsider the vote by which the bill, as amended, was agreed to had once been made and negatived. (Senate Journal 1883, p. 788.)

93. The resolution relative to the abolition of slavery in the District of Columbia, being before the Senate, the Speaker decided that an amendment striking out all after the enacting clause, and inserting the words as follows, viz: "That the energies of the government should be devoted to the suppression of the existing rebellion, and to the maintenance of the Union and the Constitution, and it is inexpedient at this time for Congress to legislate upon the subject of abolishing negro servitude, either in state, territory, or the District of Columbia; and that our Senators in Congress be, and they are, hereby instructed, and our representatives requested to vote for such legislation as will best carry out the spirit and meaning of the foregoing resolution," was not in order. (Senate Journal, 1862, p. 283.) Two-Thirds Vote Necessary to Pass Resolution Changing Rules by Imposing Special Work on a Standing Committee. 94. On the passage of a resolution authorizing the Committee on Mines and Mining, of the two Houses, to make certain investigations, the President pro tempore (Mr. Grady in the Chair), decided that as all committees of the Senate were to be appointed by the President pro tempore, and as the resolution provided for the appointment or naming of a committee, it involved a suspension of the rule and required a two-thirds vote to pass the same; an appeal was taken from said decision and the Chair sustained. (Senate Journal, 1897, pp. 803,

811.)

RESOLUTIONS, CONCURRENT.

89. A motion having been made to reconsider final vote on bill, Mr. Grady submitted the point of order that, as five legislative days had elapsed since the vote on final passage of the bill by the Senate, the resolution is not in order. The President decided the point of order well taken, and ruled the motion out of order. (Senate Journal, 1883, p. 1241.) Of Bill Passed on Third Reading without Amendment, not in Order a Second Time. 90. The bill being on final passage and a motion to reconsider the vote by which it passed third reading having been made, Mr. Lee submitted the point of order that, as the vote had by which the bill as amended was agreed to had once been reconsidered, and no amendments having been made to the bill, a motion to again reconsider was not in order. The President decided the point of order well taken, and ruled the motion out of order. (Senate Journal, extra session, 1883, p. 39.)

Necessary When Instructing a Conference Committee to Do That Which the Senate has Already Refused to Do.

91. Mr. Hughes submitted the point of order that it is proposed by the resolution instructing

an Investigation Committee-Cannot Be Considered Until Referred to Proper Committee. 95. Mr. Gobin submitted the point of order, that a concurrent resolution is necessary to provide for the printing proposed in the resolution, and a concurrent resolution, which originated in the Senate, of the same character, having been defeated in the House, the resolution is not in order. The President pro tempore decided the point of order well taken and ruled that the resolution was not in order. (Senate Journal, 1891, p. 860.)

A concurrent resolution creating a commission to be known as a commission to investigate the disbursements of the Commonwealth, having been introduced the president decided that under Rule 39 of Senate, it must be referred to an appropriate committee before consideration by the Senate. (Legislative Journal, June 11, 1923, p. 4522.)

From House Recalling a House Bill Which is on Second Reading Calendar out of Order. 96. A resolution having been presented to the Senate recalling a House bill, Mr. Lyon submitted the point of order, that said bill having been regularly presented to the Senate as having passed the House of Representatives, committed to the proper Senate committee, con

May Vote on Question Affecting Seat of.

99. The Speaker decided that an amendment, directing that the name of a Senator, whose seat was contested, be omitted in calling the yeas and nays on the resolution before the Senate relating to the right of such Senator to a seat in that body, was not in order. An appeal was taken and laid on the table. (Senate Journal, 1871, p. 125.)

A question of order was raised that a Senator should not vote upon a question affecting his seat in the Senate. The Speaker submitted the question to the Senate, and it was decided that the question of order was not well taken. (Senate Journal, 1871, p. 127.)

Formal Resignation of, Necessary to Preclude Their Voting.

100. The yeas and nays having been called and taken, before the result was announced, Mr. Gordon submitted the point of order that the two Senators from Allegheny (Messrs. Arnholt and Upperman) having resigned their seats, were not entitled to a vote, and their vote should not be counted in ascertaining the result on the pending question. The President pro tempore (Mr. Macfarlane in the Chair) decided the point of order not well taken, the Senate having no official knowledge of the resignation of the Senators named. (Senate Journal, extra session, 1883, p. 209.)

SPECIAL SESSION.

For a Special Purpose Being Fixed, a TwoThirds Vote not Necessary to Pass Resolution for General Business.

101. A special session of the Senate being already fixed for the afternoon for taking the vote on United States Senator, the President decided that a two-thirds vote was necessary to pass a resolution-"That when the Senate adjourns this A. M. it will be to meet at three o'clock this P. M." An appeal was taken and the decision reversed by the Senate. (Senate Journal, 1877, p. 521.)

TIE VOTE.

On Appeal Sustains Decision of the President. 102. An appeal having been taken from the decision of the President of the Senate, and

the vote of the Senate on the question of sustaining the decision, resulted in a tie, the President decided that a decision of the Chair on a point of order stands until reversed by a majority vote of the Senate. (Senate Journal, 1877, p. 163.)

On Appeal Reverses Chair's Ruling.

103. An appeal having been taken from the decision of the Chair, a motion was made to lay the appeal on the table. Not agreed to. On sustaining the decision of the Chair, the yeas and nays were taken and resulted in a tie vote. The acting President pro tempore (Mr. Hall) decided that the appeal was sustained, and the decision of the President overruled by the Senate. (Senate Journal, 1883, pp. 749, 750.)

VOTE.

Cannot be Recorded After Result is Announced by the Chair.

104. The yeas and nays having been called on the passage of a resolution, the names of Senators voting for and against it having been read by the clerk, the result announced by the President pro tempore, a Senator demanded that his vote, which he alleged had been cast but not recorded, should be recorded and counted. The President pro tempore decided that the Senator should have corrected the vote after it was read by the clerk, and before announced by the President pro tempore, and it could not be recorded and counted now. (Senate Journal, 1879, p. 615.)

Can be Changed on a Misapprehension of the Question.

106. The yeas and nays having been taken, and before the list of those voting had been read by the clerk, and the result announced by the Chair, two Senators asked leave to change their votes from the affirmative to the negative. whereupon the President pro tempore inquired of them whether they had voted under a misapprehension. Upon a point of order being raised, the Senate decided that the proper question to put to each of the two Senators is. "Has the Senator voted under a misapprehension of the question?" (Senate Journal, 1879, p. 948.)

Of Twenty-Six Senators in the Affirmative Necessary to Pass a Bill Finally.

107. The President decided that the constitutional requirements relative to the final passage of a bill is intended to apply to the whole number of Senators provided for by the Constitution, which would be fifty, and that the number required to be recorded in favor of a bill upon its final passage is a majority of the whole number of Senators elected, which would be twenty-six. (Senate Journal, 1881,

p. 479.)

Too Late to Correct, on Bill After Other Business has Intervened.

108. Mr. Grady rose to a question of privilege and made the statement that the vote on House bill No. 35, as taken, was incorrect; that the vote of Mr. Moyer, in the affirmative had not been recorded, and if recorded, the bill would have received twenty-six affirmative votes, and would have passed the Senate. He then, upon leave given, moved that the vote

be again taken on said bill. Mr. Merrick raised the point of order that the motion of Mr. Grady was not in order, the vote having been already taken and the result on said bill announced, and that other business had intervened. The Chair decided the point of order well taken. (Senate Journal, 1897, p. 1799.)

YEAS AND NAYS.

Call of, out of Order When Senators Demanding Same Decline to Vote.

109. On the completion of the call of the yeas and nays, and before the result was an

nounced by the Chair, it appearing that less than a quorum had voted, the President pro tempore ruled the call out of order, because the Senators requiring the same had not voted. (Senate Journal, 1883, p. 1228.)

Call of, Cannot be Interrupted After First Senator's Name is Called.

110. Mr. Humes submitted the point of order that the motion was not in order at this time, the Chair having ordered the call of the yeas and nays, and the clerk having called the name of Mr. Adams. The President decided the point of order well taken. (Senate Journal, extra session, 1883, p. 174.)