Sidor som bilder
PDF
ePub

JOURNAL OF THE SENATE.

Senator Wilson offered the following resolution:

Resolved, That the Senate convene in a body with the House of Representatives in the hall of the House of Representatives at 12 o'clock, high noon, on Wednesday, January 18, 1899, for the purpose of determining by the journals of the respective houses in joint session on that day, whether any candidate has received a majority of the votes of each house on the previous day for a Senator from Missouri in the Congress of the United States to succeed the Hon. Francis M. Cockrell, and further, if it appears by the journals of the respective houses aforesaid, that no one candidate voted for has received a majority of the respective houses or United States Senator, that the Senate proceed in joint assembly with the House of Representatives, on said day to vote for such candidate for Senator from day to day, until the election as in such cases is made and provided by act of Congress.

Resolved further, That the House be notified by the Secretary of the passage of this resolution, with the request that it notify the Senate that they are ready the day to meet the Senate in joint assembly for said purpose at said hour on aforesaid.

Which was read and adopted.

Senator McClintic moved that special order for Wednesday on death of Senator Wells be postponed for one day.

Which was carried.

Senator Morton moved to take a recess until 2 o'clock p. m.
Which was carried

AFTERNOON SESSION.

The Senate was called to order by the President.

Senator Morton submitted the report of the Committee on Rules, as follows:

To the Senate:

The undersigned, your special committee appointed to consider and report rules for the government of the Senate in the transaction of its business, having duly considerd the same, do herewith respectfully submit the following, which are hereby recommended for adoption by the Senate:

RULES.

OPENING OF THE DAILY SITTINGS OF THE SENATE.

Rule 1. The President shall take the chair every day at the hour to which the Senate has previously adjourned, and shall call the Senate to order, and, after prayer by the Chaplain, shall cause the journål of the preceding day to be read, but the reading thereof may be dispensed with if so ordered by a vote of the Senate. If less than a majority of the Senators are present, they may adjourn from day to day and compel the attendance of absent Senators; and any two Senators, at any time after the hour has arrived to which the Senate adjourned, a quorum not being present, may have a call of the Senate and have the names of the absentees entered on the journal.

CALL OF THE SENATE.

Rule 2. Upon the call of the Senate, or in taking the yeas and nays on any question, the names of the Senators shall be called alphabetically.

Rule 3. Upon the call of the Senate, the names of the Senators shall be called by the Secretary and the absentees noted, after which the names of the absentees shall again be called. The doors shall then be shut, and those for whom no sufficient excuses are made may, by order of a majority of those present, if ten in number, be taken into custody as they appear, or be sent for and taken into custody wherever found by the Sergeant-at-Arms or other person appointed by the President for that purpose, at the expense of such absent Senator or Senators respectively, unless such excuse for non-attendance shall be made as the Senate, when a quorum is convened, shall judge sufficient.

POWERS AND DUTIES OF THE PRESIDENT.

Rule 4. It shall be the duty of the President to preserve order, and he may speak on all questions of order in preference to any Senator, rising from his seat for that purpose, and shall decide all questions of order, subject to an appeal to the Senate; and all questions of order shall be noted by the Secretary, with the decision.

Rule 5. Question shall be distinctly put in this form, to wit: "As many as are of the opinion that (as the question may be) say aye;" and after the affirmative voice is expressed, "as many as are of the contrary opinion, say no." If the President doubts, or division is called for by two or more Senators, the Senate shall divide;

those in the affirmative of the question shall first rise from their seats, and afterward those in the negative.

Rule 6. All committees shall be appointed by the President, unless otherwise directed by the Senate.

Rule 7. Every Senator who shall be within the bar of the Senate when a question is put shall vote, unless the Senate, for special reasons, excuse him. All motions to excuse a Senator from voting shall be made before the Senate divides, or before the call for ayes and noes is commenced. In taking the ayes and noes, each Senator shall declare distinctly his vote, aye or no.

Rule 8. Every motion shall be reduced to writing, if the President or any Senator requires it.

Rule 9. The President may at any time leave the chair and call any Senator thereto, who shall be president of the Senate for the time being, and the President shall, at pleasure, resume the chair; and if the Senator called to the chair shall object, and the President insists, the question shall be decided by the Senate.

Rule 10. The President shall rise to put a question, but may state it sitting. Rule 11. The President shall sign all acts, joint resolutions and addresses, and ali writs, warrants and subpoenas issued by order of the Senate shall be under his hand and attested by the Secretary.

Rule 12. In case of disturbance or disorderly conduct in the lobby or galleries, the President shall have power to order the same cleared, and shall have general control of the Senate chamber and the employes thereof, unless otherwise ordered by the Senate.

Rule 13. The Senate shall choose a President pro tempore to preside in case of death, absence, impeachment, failure to qualify or resignation of the LieutenantGovernor, or when he shall hold the office of Governor; and if for any reason the President pro tempore so chosen be absent or the office vacant, the Senate may, on motion of any Senator present, proceed to elect a President pro tempore, to hold the office at the pleasure of the Senate, or during such absence or other incapacity.

Rule 14. Stenographers and reporters wishing to take down the debates and proceedings of the Senate may be admitted by the President to the reporters' table on the floor of the Senate, upon signing a register kept by the Secretary of the Senate for that purpose, and under such further regulations as the President may prescribe, who shall also asign a seat to the Official Reporter of the Senate.

SECRETARY-HIS DUTIES.

Rule 15. It shall be the duty of the Secretary to keep an exact journal of the proceedings of the Senate, and he shall, from time to time, be subject to further orders, as the Senate may direct.

Rule 16. When a bill or joint resolution passes, it shall be certified by the Secretary, noting the day of its passage at the foot thereof.

Rule 17. When a motion is made for an amendment to any bill or resolution, the mover's name shall be inserted on the journal.

SERGEANT-AT-ARMS-HIS DUTIES.

Rule 18. It shall be the duty of the Sergeant-at-Arms to attend the Senate during its sittings, to keep order in the lobby, to require all persons therein to be seated, and to execute the commands of the Senate and the orders of the President, together with all such process issued by authority thereof as shall be directed to him by the President. And he shall five minutes before the opening of each session clear the floor of the Senate chamber of all persons not entitled to the privilege of the floor.

DOORKEEPER-HIS DUTIES.

Rule 19. It shall be the duty of the Doorkeeper to obey the orders of the Senate and its presiding officer.

SWORN TO SECRECY.

Rule 20. The Secretary, Sergeant-at-Arms and Doorkeeper shall be sworn to keep the secrets of the Senate when in secret session.

OF BILLS.

SHALL BE READ THREE TIMES.

Rule 21. Every bill shall be read on three different days. Rule 22. No law shall be passed except by bill, and no bill shall be so amended Constitution in its passage through the Senate as to change its original purpose.) Art. 4, § 26.)

Rule 23. Bills, whether they originate in the Senate or in the House, may be amended or rejected. (Constitution, Art. 4, § 26.)

Rule 24. No bill shall be considered for final passage unless the same has been (Constitution, reported on by a committee and printed for the use of the Senators. Art. 4, § 27.)

Rule 25. All bills reported All bills reported to the Senate from any committee shall lie on the table one day before being ordered to engrossment, and bills, when reported engrossed shall lie over one day before a third reading thereof.

Rule 26. No bill (except general appropriation bills, which may embrace the various subjects and accounts for and on account of which moneys are appropriated, and except bills passed under the third subdivision of section forty-four of this article) shall contain more than one subject, which shall be clearly expressed in its title. (Constitution, Art. 4, § 28.)

JOURNAL OF THE SENATE.

SIGNING BILLS.

Rule 27. No bill shall become a law until after the same shall have been signed by the presiding officer of the Senate, in open session; and before the presiding officer shall affix his signature to any bill, he shall suspend all other business, declare that the bill will now be read, and that if no objection be made, he will sign the same to the end that it may become a law. The bill shall then be read at length, and, if no objection be made, he shall, in the presence of the Senate, in open session, and before any other business is entertained, affix his signature, which fact shall be noted on the journal. If any Senator shall object that any substitution, signed is not omission or insertion has occurred, so that the bill proposed to be the same in substance and form as when considered and passed by the Senate or House, or that in any particular clause Art. 4 of the Constitution has been violated in its passage, such objection shall be passed upon by the Senate, and, if sustained, then any five members may embody the same, over their signatures, in a written protest under oath, against the signing of the bill. Said protest, when offered in the Senate, shall be noted upon the journal, and the original shall be annexed to the bill, to be considered by the Governor in connection therewith; and if the bill be one that has not been first signed by the presiding officer of the House, it shall immediately be sent to the House after it has been so read and signed in the Senate, (Confor such action thereon in the House as is prescribed by the Constitution. stitution, Art. 4, § 37.)

APPROVAL OF THE GOVERNOR.

Rule 28. When a bill has been signed as provided for in the preceding rule, it shall be the duty of the Secretary of the Senate, if the bill originated in the Senate, to present the same, in person, on the same day on which it was signed as aforesaid, to the Governor, take his receipt therefor, and enter the fact of such delivery, and the time thereof, upon the journal. Every bill presented to the Governor and returned within ten days to the House in which the same originated, with the approval of the Governor, shall become a law, unless it be in violation of some provision of the Constitution. (Constitution, Art. 4, § 3S.)

GOVERNOR'S VETO.

Rule 29. Bills vetoed by the Governor and returned to the Senate by the Governor or by the House shall stand as reconsidered, and such action shall be taken thereon as is prescribed by the Constitution and by the Joint Rules of the Senate and House of Representatives. (Constitution, Art. 4, § 39.)

PRINTING BILLS.

Rule 30. One hundred and fifty copies of all bills and joint and concurrent resolutions shall be printed after their first reading, and before a second reading shall be permitted, unless otherwise ordered, and if the bill shall not be thereafter amended it shall not be again printed, as provided in Rule 33. printed, as provided in Rule 33. Unless otherwise ordered, bills and resolutions printed for the Senate shall be printed in pamphlet form, and those for information shall so state by conspicuous headings, and all such bills and resolutions introduced in the Senate shall be printed and distributed in the order in which they are numbered, unless otherwise ordered by the Senate.

EMERGENCY CLAUSE.

Rule 31. On all bills containing an emergency clause, the vote shall be taken on the bill, excluding the emergency clause, and if the bill receive the vote of a majority of all the Senators-elect, then the vote shall be taken on the emergency clause, and if two-thirds of the Senators present vote in favor of it, the bill takes effect at the time described in the preamble of the emergency clause thereof. (Constitution, Art. 4, § 36.)

DIVISION OF QUESTION.

Rule 32. If the question in debate contain several points, any Senator may have the same divided if it comprehend propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Senate; but on motion to strike out and insert, it shall not be in order to move for a division of the question, but a rejection of the motion to strike out and insert a different proposition shall not prevent a subsequent motion simply to strike out, nor shall the rejection of a motion simply to strike out prevent a subsequent motion to strike out and insert.

AMENDMENTS.

Rule 33. All amendments adopted by the Senate to a bill pending and originating in the same shall be incorporated with the bill by engrossment, and the bill, thus engrossed, shall be printed for the use of the Senators before its final passage. The engrossing and printing shall be under the supervision of a committee, whose report to the Senate shall set forth in writing that they find the bill truly engrossed and that the printed copies furnished to the Senators are correct. (Const., Art. 4, § 29.)

Rule 34. If a bill passed by the Senate be returned thereto, amended by the House, the Senate shall cause the amendment or amendments so received to be printed under the same supervision as provided in the next preceding section, for the use of the Senators, before final action on such amendments. (Const., Art. 4, § 30.)

Rule 35. No amendments of bills by the House shall be concurred in by the Senate except by a vote of the majority of the Senators elected, taken by yeas and

nays, and the names of those voting for and against recorded upon the journal, and if amendments are concurred in by the Senate, the bill, as amended shall be submitted to the vote of the Senate by a yea and nay vote, and the names of those voting for or against recorded in the journal; and reports of committees of conference shall be adopted in the Senate only by a vote of a majority of the Senators elected thereto, taken by yeas and nays, and the names of those voting recorded on the journal. (Const., Art. 4, § 32.)

Rule 36. No act shall be amended by providing that designated words be stricken out and others inserted in lieu thereof, but the words to be stricken out, or the words to be inserted, or the words to be stricken out and those inserted in lieu thereof. together with the act or section amended, shall be set forth in full as amended. (Const., Art. 4, § 34.)

FINAL PASSAGE, AYES AND NOES.

Rule 37. To effect the passage of a bill, on the final reading thereof, the vote shall be taken by ayes and noes, and the names of the Senators voting for and against the same shall be entered and recorded on the journal, and if a majority of the Senators-elect shall have voted in favor thereof, the bill shall be declared passed. (Const., Art. 4, § 31.)

MOTION TO RECONSIDER.

Rule 38. When a bill is put upon its final passage, and, failing to pass, a motion is made to reconsider the vote by which it was defeated, the vote upon such motion to reconsider shall be immediately taken, and the subject finally disposed of before the Senate proceeds to any other business. (Const., Art. 4, § 35.)

ACTS SET FORTH AT LENGTH.

Rule 39. No act shall be revived or re-enacted by mere reference to the title thereof, but the same shall be set forth at length, as if it were an original act. (Const., Art. 4, § 33.)

OF DECORUM AND DEBATE.

Rule 49. When a Senator is about to speak, he should rise and respectfully address himself to the President, standing at his seat and wait until his name or designation is announced, when he shall proceed, addressing himself always to the chair.

Rule 41. If two or more Senators rise at once, the President shall name the Senator who is to speak first, the other rising having the preference next to speak. Rule 42. The President shall preserve decorum, and if any Senator transgresses the rules of the Senate, the President shall, or any Senator may, call him to order, in which case the Senator called to order shall immediately sit down, unless permitted to explain; and the Senate, if appealed to, shall decide on the case. If there be no appeal, the decision of the chair shall be submitted to. If the decision of the chair shall be in favor of the Senator called to order, he shall be at liberty to proceed. Rule 43. If a Senator is called to order for words spoken in debate, the Senator calling him to order shall repeat the words excepted to, and they shall be taken down in writing on the Secretary's table; and no Senator shall be held to answer, or be subject to the censure of the Senate, for words spoken in debate, if any other Senator has spoken or business has intervened after the words spoken and before exception to them has been taken.

Rule 44. No Senator shall speak more than once to the same question without leave of the Senate, unless he be the mover, proposer or introducer of the matter pending, in which case he shall be permitted to speak in reply, but not until every Senator choosing to speak shail have spoken.

Rule 45. In proceedings and debates of the Senate, the Senators shall not be spoken of or addressed by each other by their individual names.

SMOKING PROHIBITED.

Rule 46. Smoking shall not be allowed in the Senate chamber.

PREVIOUS QUESTION.

Rule 47. The previous question shall be in this form: "Shall the main question be now put?" It shall only be admitted on demand of two Senators, and sustained by a vote of a majority of the Senators present, and its effect shall put an end to all debate, and bring the Senate to a direct vote upon a motion to commit, if such motion shall have been made; and if this motion does not prevail, then upon amendments reported by a committee, if any, then upon pending amendments, and then upon the main question. On demand for the previous question, a call of the Senate shall be in order, but after a majority have sustained such a motion, no call shall be in order prior to the decision on the main question.

Rule 48. On motion for the previous question, no debate shall be allowed, and all incidental questions of order arising after the motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate. If, on a vote for the previous question, a majority of the Senators vote in the negative, then the further consideration of the subject matter before the Senate shall be postponed for that day.

MOTION, HOW PUT.

Rule 49. When a motion is made and seconded, it shall be stated by the President, or, being in writing, it shall be handed to and read aloud by the Secretary before debated.

Rule 50. After a motion is stated by the President, it shall be deemed to be in the possession of the Senate, but may be withdrawn at any time before a decision or amendment, but afterward only with the consent of the Senate.

Rule 51. When a question is under debate, no motion shall be received but to adjourn, to lay on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely, which several motions shall have precedence in the order in which they are here arranged; and pending the motion to lay on the table, the merits of the question shall not be discussed; and no motion to postpone to a day certain, to commit or postpone indefinitely, being decided, shall again be allowed on the same day, at the same stage of the bill or proposition.

Rule 52. All questions, whether in committee or Senate, shall be propounded in the order in which they were moved, except privileged questions, which shall be propounded as stated in rule 51; and in filling up blanks, the largest sum and longest time shall be put first.

Rule 53. A motion to adjourn and a motion to fix the day to which the Senate shall adjourn shall always be in order, unless a Senator is speaking, or the yeas and nays are being taken, or a call is being made, and shall be decided without debate; and no Senator shall leave his seat until the result is declared.

PRIVILEGED PERSONS.

Rule 54. No person except members of the House of Representatives, their clerks, the Governor, the Secretary of State, Judges of the Supreme Court or circuit courts, Attorney-General and members of Congress, shall be admitted within the bar of the Senate during the sitting of the same, unless invited by the Senate.

QUESTIONS, HOW VOTED ON.

Rule 55. All questions, whether in committee or Senate, shall be propounded in the order in which they were moved, except privileged questions, which shall be propounded as stated in rule 51; and in filling up blanks, the largest sum and longest time shall be put first.

BILLS, PETITIONS, ETC.-PURPORT TO BE STATED

Rule 56. When any bill, petition, memorial or remonstrance is presented to the Senate, the Senator presenting the same shall give a concise statement of the purport thereof, and it shall be disposed of according to its character without reading, unless the reading thereof, if a bill, be required by one or more Senators, or if a petition, memorial or remonstrance, by two or more Senators. Rule 57. On the discussion of any business business which may, in the opinion of a Senator, require secrecy, the President shall order the gallery to be cleared and during the discussion the doors shall remain closed, unless otherwise directed by the Senate. When nominations shall be made in writing by the Governor of the State to the Senate for confirmation, such confirmations shall, without debate, be referred to the appropriate committee for investigation, and their report shall be made to the executive session as soon as practicable.

TIMES OF MEETING.

unless otherwise ordered, shall

Rule 58. The time of meeting by the Senate, unless be 10 o'clock in the forenoon.

PROTEST OF SENATOR-HOW ENTERED.

Rule 59. Any Senator voting in the minority on on any any subject, and protesting against the vote of the Senate, may have his protest entered on the journal, if the tenor and language of such protest would have been admissible in the discussion of the subject.

JOURNAL-AYES AND NOES.

Rule 60. The Senate shall, from time to time, publish an accurate journal of its proceedings, and the yeas and nays of any question shall be entered on the journal.

Rule 61. When a question has once been decided by a vote of the Senate, any Senator voting on that side which prevails may move for a reconsideration of such vote at any time within three days of actual session, after the day on which the vote was had, except votes ordering bills to engrossment, which may be reconsidered at any time before third reading of such bills; and all motions to reconsider shall be decided by a majority vote of the Senate.

INDEFINITE POSTPONEMENT.

Rule 62. When a a question is postponed indefinitely, the same shall not be acted on during the session.

hand.

BILLS ENGROSSED.

Rule 63. The engrossment of all bills ordered shall be executed in a fair round

AYES AND NOES.

Rule 61. The ayes and noes shall not be ordered on any question after a vote has been taken thereon and declared by the President.

ABSENTEES.

Rule 65. No Senator shall absent himself from the sessions of the Senate unless he have leave or be sick, or unable to attend.

« FöregåendeFortsätt »