« FöregåendeFortsätt »
XVI. No debate shall be allowed on questions of order, unless there be an appeal, or reference by the Speaker to the Senate. And on such appeal or reference, no member shall speak more than once, unless by leave of the Senate.
XVII. On filling up blanks, the question shall first be taken on the largest sum, greatest number, and most distant day.
XVIII. All bills shall be considered by a committee of the whole.
XIX. All committees shall be appointed by the Speaker, unless otherwise ordered by the Senate.
XX. The following standing committees shall be appointed at the commencement of each session, until otherwise ordered:
A Committee on Finance.
Which several committees shall each consist of five Senators, except the Committees on the Library and on Public Buildings, which shall each consist of three Senators. [Adopted February 3, 1852.]
XXI. Every member of a committee shall attend the call of the chairman, who shall be the first named person on such committee; and in case of his neglect to call the committee together, or in case of his absence, by sickness or other cause, the committee shall attend the call of the next person named on the committee.
XXII. The rules and proceedings of the Senate shall be observed, as far as hey are practicable, in committee of the whole, excepting that a member may speak oftener than twice on the same subject. In committee of the whole he previous question cannot be called, the yeas and nays required, nor can here be an appeal from the decision of the chairman.
XXIII. No member shall absent himself without leave of the Senate first obtained, unless prevented from attending by sickness or other sufficient cause
Adopted Session of 1861.
XXIV. The files of the Senate may be inspected by the members, but no paper shall be withdrawn therefrom without the consent of the Senate.
XXV. No person shall be admitted within the bar of the Senate during its sessions, except the members and officers of the two branches of the Legislature, the Governor, Heads of Departments, ex-members of the Legislature, and stenographers, who may desire to report proceedings of the Senate for publication, under the direction of the Speaker; nor shall any person be admitted within the lobby of the Senate, except such as shall be invited by a member of the Senate. No person or persons shall be permitted to occupy the seats of Şenators, or pass across the floor of the Senate when the Senate is in ses. sion ;, nor shall any person or persons, at any time, be permitted to enter the room of the Transcribing Clerks, or the recess behind the chair of the Speaker, except the members and officers of the General Assembly.
XXVI. The consent of two-thirds of the members present shall be necessary to dispense with any rule.
XXVII. Any Senator may call for the division of a question, which shall be divided if it comprehends questions so distinct, that one being taken away the rest may stand entire for the decision of the Senate. A motion to strike out and insert, shall be deemed indivisible. But a motion to strike out being lost, shall preclude neither amendment, nor a motion to strike out and insert.
XXVIII. Every bill and joint resolution which may be received from the House of Representatives, or which may be read by a Senator in his place, shall immediately after being presented to the chair, be referred by the Speaker to the appropriate committee, unless otherwise ordered.
XXIX. No member shall read in his place, nor shall any committee, either standing or select, report any bill for the action of the Senate, granting cor porate powers in any case when the authority of granting such powers has been conferred upon any of the courts of this Commonwealth.
XXX. When the Senate shall resolve to go into committee of the whole on a bill, on third reading, the question before the Senate, when the Speaker shall have resumed the chair, and the chairman of the committee has made a report, shall be, “Will the Senate agree to the report of the committee?!! [Adopted March 6, 1851.]
XXXI. The rules of parliamentary practice comprised in Jefferson's Manual, .shall govern the Senate in all cases to which they are applicable, and in which they are not inconsistent with the standing rules and orders of the Senate, and the joint rules of the Senate and House of Representatives.
XXXII. A call of the Senate may be demanded by not less than four members, a quorum of the Senate being present. Upon a call of the Senate, the names of the members shall be called over by the Clerk, and the absentees noted ; after which the names of the absentees shall again be called over, and those for whom no excuse, or an insufficient excuse is made, may, by order of a majority of a quorum, be taken into custody as they appear, or may be sent for and taken into custody wherever to be found, by special messengers to be appointed for that purpose.
XXXIII. When a call for the previous question has been made and sustained, the question shall be upon pending amendments, and the main ques tion in their regular order; and all incidental questions of order arising after a motion for the previous question has been made, and pending such motion, shall be decided, whether an appeal or otherwise, without debate. [Passed session of 1844. Sen. Journal, p. 7.]
XXXIV. That no bill originating in the Senate, or being introduced from the House of Representatives, shall be considered by the Senate without unanimous consent, unless it shall have been previously referred to a standing or select committee.
XXXV. At any time after the expiration of five days from the time when any nomination shall be made by the Governor for the approval of the Senate, any Senator may move, when original resolutions are in order, that the Senate go into committee of Executive business, and, on the motion being agreed to, such nomination shall be considered the first order of the day until finally disposed of, unless the same shall be postponed by a majority of the Senate, but such business when commenced, shall not be postponed for more than five days, except in case of an adjournment of the body for a longer period.
XXXVI. A proposition requesting information from the Governor, from any of the executive departments, or the Board of Canal Commissioners, shall lie one day on the table for consideration, unless otherwise ordered by unani. mous consent of the Senate.
XXXVII. That it shall require a vote of two-thirds of the Senators to discharge a standing committee from the consideration of any bill or resolution which has been committed to it. [Passed session of 1862. Sen. Journal, p. 312.]
SENATE OF PENNSYLVANIA,
ON POINTS OF ORDER.
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.]
Decided it in order, without asking leave of the Senate, to make a motion to re-consider the vote negativing a bill on its final passage, when the order for the third reading of bills had been reached. [Senate Journal, 1844, p. 836-7.]
Not in order to amend amendments made by the House of Representatives, to amendments made by Senate, to a bill from the House of Representatives. Senate Journal, 1844, p. 935-6.]
The Senate decided that when bills on first reading being the pending order, it was not in order to proceed to the consideration of a bill not first in numerical order, without dispensing with the orders of the day. [Senate Journal, 1845, p. 169, 170.]
The Speaker, when a motion to re-consider a vote on the Executive nomina. tion for president judge was pending, decided that the question was not debatable.[Senate Journal, 1847, p. 337.]
The Speaker decided that a bill to remove the seat of justice of a county, was a private bill. From which decision an appeal was taken, and the deci. sion sustained by the Senate. [Senate Journal, 1848, p. 280.]
The Speaker decided that the defeat of the first section of a bill did not necessarily involve the defeat of the whole bill, should there be more than one section in such bill, and where such section or sections are sensible, and independent of said first section. From which decision an appeal was taken, and the decision of the Speaker sustained by the Senate. Senate Journal, 1848, p. 566.]
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, p. 255, 269.]
Amendments made by the House of Representatives (consisting of two new sections) to amendments made by the Senate, to a bill from the House of Representatives, having been concurred in by the Senate, a motion was made to amend those amendments, by adding a new section. The Speaker decided the motion to be not in order. From which an appeal was taken, and the decision sustained by the Senate. [Senate Journal, 1850, p. 549.]
1. Has the Speaker of this body a right to rule the first section of a bill on second reading out of order, on account of its having been inserted in committee of the whole, by an alleged violation, on the part of the chairman, of the fourth joint rule?
2. The Wetherill divorce case having been negatived in Senate, is it in order, in the face of objection under parliamentary laws, to re-introduce and consider the same proposition, either in Senate or in committee, under the fourth joint rule?
The Speaker declining to decide the above points of order, submitted the same to the Senate; and both were deciced in the negative. [Senate Journal, 1850, pages 994, 1000 and 1001.]
The Speaker having decided it to be in order to introduce and proceed to the consideration of a bill, a similar bill having been already negatived by the Senate, an appeal was taken, and the decision was reversed by the Senate, [Senate Journal, 1850, p. 1150.)
The Speaker decided that the committee to whom a bill had been referred, nad full power over the same, except that it could not change the title or subject thereof. Undecided. [Senate Journal, 1857, p. 842.]
The Speaker decided that bill, entitled “An Act to give jurisdiction in equity to the Supreme Court and courts of common pleas for the county of Philadelphia, in cases of disputed boundaries," (the said bill referring only to disputed boundaries in Philadelphia county,) was a private bill. The Senate sustained the decision. Senate Journal, 1858, p. 590.]
The Speaker decided that the proper motion after the chairman of the committee of the whole had reported the first section of a bill negatived, was, “Will the Senate adopt the report of the committee of the whole ?" [Senate Journal, 1861, p. 248.]
The Speaker decided that in concurring in amendments made by the House of Representatives, it was in order for the Senate to amend the title to correspond with the amendment made by the House of Representatives. [Senate Journal, 1861, p. 254.]
A bill having been reported from a committee at a morning session, a resolution was passed fixing sessions for the afternoon and evening, for the consideration of said bill. The bill passed committee of the whole at the afternoon session, and upon a motion being made, at the evening session, to proceed to the second reading and consideration of the same, a question of order was raised, to wit: That the bill having been read once that day, it was not in order to proceed to its second reading, without a suspension of the rule that prohibits the reading of bills twice on the same day. The Speaker decided the point of order not well taken. The Senate sustained the decision. [Senate Journal, 1861, pages 323 and 324.]
The Speaker decided it to be in order to proceed to the consideration of a bill to prohibit the importation of fish into Philadelphia, and ports adjacent, at improper seasons, at an afternoon session set apart for the consideration of private bills. [Senate Journal, 1861, p. 546.]