AMENDMENT- -Concluded. A motion to Recede from, Non-Concurrence in, after Notice given to Senate, not in Order. After information has been given to the Senate, that the House insists upon its non-concurrence in an amendment by the Senate, a motion to recede from the non-concurrence is not in order. (Journal H. R., 1827-8, p. 781). (The same principle is decided in Journal 1816-17, p. 708). Receding from, requires a constitutional majority vote. The Speaker having decided a motion that the House recede from amendments non-concurred in by the Senate, defeated, The point of order was raised, That the motion just decided defeated, did have the required number of votes to pass it. The Speaker decided the point of order not well taken inasmuch as to recede from the amend ments made by the House, it requires a Constitutional majority. (Legislative Record, June 26, 1901, p. 3895.) Withdrawn and presented at a later time are in Order. Amendments were offered on second reading to a House Bill, The point of order was raised, That the amendments offered had been previously withdrawn, therefore the offering of th m at this time is out of order. The Speaker decided the point of order not well taken. (Legislative Journal, June 3, 1913, p. 3819.) Fixing Salaries of State Officers by Appropriation is in Order. On the question of agreeing to an amendment to the General Appropriation Bill reducing the amount appropriated to pay salaries of certain state Officers, The point of order was raised, That the state salaries are fixed by law and we cannot change them by appropriations, therefore the amendment is out of order. The Speaker decided the point of order not well taken. (Legislative Journal, June 17, 1913, p. 4416.) BILLS. Under Control of Speaker while in the Possession of the House. The Speaker decided that all bills were under his control while in the possession of the House. An appeal was taken, which was laid on the table. (Journal H. R., 1859, pp 292, 293, 294.) Defeated in House, not in Order to Consider Similar one from Senate. The House decided that a bill having been considered and defeated in the House, it is not in order subsequently to consider a similar bill which had passed the Senate, and been intr duced into the House. (Journal H. R., 1865, p. 802.) (See also Journal H. R., 1887, p. 1434; Journal H. R., 1891, p. 1694; Legislative Record 1891, p. 2749; Legislative Journal, May 24, 1911, p. 3500). Negatived, a Similar one Cannot be Introduced. The point of order was raised, whether a bill which was substantially the same as another bill which had been negatived, was out of order. The Speaker submitted the question to the House, and it was decided in the affirmative. (Journal H. R., 1873, p. 624.) Subject Matter which is part of a Bill Negatived by Committee, can be Considered. The point of order was raised "that the bill cannot be further considered, the subject matter being similar to that of another bill which has been negatived by the committee." The Speaker decided that the subject matter of the bill under consideration being only a part of the bill referred to, the point of order was not well taken. (Journal H. R, 1893, p. 507.) Printing of Senate, not a Question for House to decide. On the question of agreeing to a resolution requiring the Senate to have printed all bills introduced in the Senate. The point of order was raised, That it is not within the power of the House to direct the Senate what to do with their bills. The Speaker decided the point of order well taken. (Legislative Record, January 31, 1907, p. 352.) Senate, Referred and Reported with Amendments, must be Reprinted before Considered. The Speaker decided that a bill introduced into the House from the Senate, referred to a committee, and reported from the committee with amendments must be reprinted as amended before it can be considered in the House. (Journal H. R., 1874, p. 218.) Not properly before the House until printed and on the files of members. On a motion to recommit a House Bill to committee, The point of order was raised, That this bill is not the property of the House, as it has not been printed, it is not on the calender or the files of the House and under the rules of the House cannot be recommitted at this time. The Speaker decided the point of order well taken for the reason that the bill is not properly before the House. (Legislative Record, March 8, 1901, p. 735; Journal H. R., p. 669.) (Se also, Legislative Record, March 18, 1901, p 855; Legislative Record, March 18, 1909, p. 1278; Legislative Record, March 18, 1909, p. 1281-1282.) BILLS-Concluded. Not on Files, does not Prevent the Conduct of Legislative Business. A Senate Bill was called up from the final passage postponed calendar for consideration. That there are no calendars nor file folio of bills on the desks of the members, therefore we cannot conduct legislative business. The Speaker pro tempore decided the point of order well taken. An appeal was taken from the decision of the Chair. The House reversed the ruling of the Speaker pro tempore. (Legislative Journal, May 25, 1911, p. 3611.) Day Fixed for Consideration of, Cannot be Called up Prior to. The point of order was raised that the House having fixed a day for the consideration of a bill, that bill cannot be called up before the time fixed upon by the House for its consideration. The Speaker decided the point of order to be well taken. The House sustained the Speaker. (Journal H. R., 1876, pp. 612, 613, 614.) Not in Order to consider Senate, when House Bills have been fixed as the order of business. On the question of agreeing to amendments offered to a Senate Bill. The point of order was raised, That this Senate Bill is identical with a House Bill on the House second reading calendar, and the hour of twelve o'clock having arrived, under the report of the Committee on Rules, adopted by the House, the order of business shall be House bills first for the balance of the week, therefore consideration of this bill is out of order. The Speaker decided the point of order well taken. (Legislative Journal, April 21, 1921, p. 2594.) General Appropriation Bill has Priority over all other Business. A motion having been made, while bills on third reading were the order, to recommit to committee the general appropriation bill, the point of order was raised, that under the rules of the House said bill and motion were not in order. The Speaker decided the point of order not well taken, rule six of joint rules giving said bill after being reported priority over all other business. (Journal H. R., 1889, p. 1221.) Appropriation, to University of Pennsylvania Requires a two-thirds vote. On a motion to reconsider the vote by which a House Bill was defeated on final passage, That the University of Pennsylvania being a state institution the majority required by the Constitution of Pennsylvania to pass this bill is 103 votes. The Speaker decided the point of order not well taken. (Legislative Record, June 20, 1901, p. 3615; Journal H. R., p. 2544.) Making Appropriation to Private Institutions, a Two-thirds Vote not Necessary on each Reading The point of order was raised that a bill appropriating money to any institution not entirely under the control of the State would require a two-thirds vote to agree to the bill on each of its several readings. The Speaker decided the point of order to be not well taken. (Journal, H. R, 1874, pp. 280, 558.) Making Appropriation to an Individual, a Two-thirds Vote not Required. That a bill making an appropriation to an individua! will require a two-thirds vote to pass it. The Speaker submitted the question to the House. The House decided tle point of order not well taken. (Journal H. R., 1876, pp. 855, 856.) Adoption of one Section Containing several Articles not Sufficient to Pass the Bill. A House Bill was being considered on second reading, That inasmuch as the bill under discussion contains but one section c.posed of twentyseven articies, the adoption of the first section carries with it the passage of the whole bill with the exception of the title. The Speaker decided the point of order not well taken. (Legislative Record, April 6, 1909, p. 2763: Journal H. R., p. 2552.) CALENDAR. Proceedingz, placing bill upon regular. A Senate Bill was on final passage, That thin hill is improperly and illegally on the third reading calendar for the reason that the doors of this House were locked, and members on the outside were unable to gain entrance to the hall during the time that action was taken on the resolution discharging the Committee on Municipal Corporations from further consideration of the bill, and the first reading thereof. The Speaker ruled that the proceedings, when that motion was adopted, were entirely regular in the opinion of the Chair, and the proceedings of that meeting have been approved by the House, and ratified by the refusal of a majority of the members elect to expunge from the records the proceedings referred to, therefore the point of order is not well taken. (Legislative Journal, April 27, 1921, p. 3137 ) Bill Carrying an Appropriation is properly on the Appropriation Calendar. A Senate Bill was on final passage, The point of order was raised, The Senate Bill not being an appropriation bill, is falsely placed upon the third reading calendar. The Speaker decided the point of order not well taken, as the bill carries an appropriation and is properly placed upon the calendar. (Legislative Journal, April 19, 1921, p. 2317.) Bill out of Place on, Cannot be Considered. A House Bill was on third reading, The point of order was raised, That the bill is out of place on the calendar and objected to its consideration. The Speaker decided the point of order well taken. (Legislative Journal, June 20, 1917, p. 4002.) Bill must be Considered in Committee, before Appearing on. The Speaker decided that a bill would be improperly on the calendar, if not having been con idered in committee. (Journal H. R., 1875, p. 317.) Send Reading bills must be called up from, before action can be taken. On the question of recommitting a House Bill to committee, The point of order was raised, That this bill not having been called up from the second reading calendar, a motion to postpone for the present or recommit is not in order. The Speaker decided the point of order well taken. (Legislative Record, March 2, 1903, p. 1100; Journal, H. R., p. 770.) Mot'on to strike bills from, without having been called up is not in order. A motion was offered to have several bills (including a House Bill) stricken from the calendar. The point of order was raised, That the first bll mentoned (a House Bill) n said motion having been stricken from the motion, and none of the other bills in said motion having been called up, the motion is out of order. The Speaker decided the point of order well taken. (Legislative Journal, June 7, 1917, p. 3277; Journal H. R., p. 3149.) Motion to drop bills from, must be in writing. A motion was offered that a House Bill be dropped from the calendar. The point of order was raised, That the motion must be in writing. The Speaker decided the point of order well taken. (Legislative Record, March 3, 1909, p. 822.) CALL OF THE HOUSE. When Quorum Present, Speaker to Order Vote to be Again Taken. The Speaker decided that when a call of the House is made, and a quorum appears to be present, it is the duty of the Speaker to order the vote to be again taken. The House sustained the decision. (Journal H. R., 1864, p. 1024.) Members actually present will be recorded as being present whether voting or not. Under a question of information concerning members not answering to a call of the House when present in the House, The point of order was raised. That when a session of the House is called and a member is present when the roll is called to scertain the presence of a quorum, that gentleman should be recorded whether he votes or not. The Speaker pro tem decided the point of order well taken, and ruled that when any member of the House is actually present in the House on the call of the House, he will be recorded as being present. (Legislative Journal, April 25, 1921, p. 2859.) COMMITTEE. Select, Appointed by House, Must Report to House. The Speaker decided that a select committee appointed by the House, was required to report to the House by which the committee was appointed. (Journal H. R. 1851, p, 131.) Select, in Order to Instruct to Report at a Specified Time. The House decided that It was in order to instruct a select committee not to make a report until a specified time. (Journal H. R., 1850, p. 201.) Select, having been Ordered by Joint Resolution to Report Within Three Days of Final Adjournment, House Cannot Extend the Time. The Speaker decided that the Senate and House having by joint resolution, determined that the Legislature would adjourn sine die on the eleventh of April, instant, and that all select committees of each House shall report within three days of that time, and this committee having made their report, is not now in order for this House to extend the power and function of the committee for a longer time, or for any such committee to sit longer than the time specified in the joint resolution above referred to. (Journal H. R., 1862, p. 803.) Select, Has Right to Proceed after Final Adjournment if instructed by the House. On a motion to discharge an investigating committee authorized by the House. That this motion is out of order. The investigating committee has been authorized under a resolution of the Horse and ceases to exist after this House adjourns sine die. "In a ruling of the Catlin Commission it was held that a Committee acting under a resolution of one of the Houses of the Assembly would have no right to subpoena witnesses and no right to insist upon that subpoena being obeyed during the recess or interim of the General Assembly. Therefore the Committee would be without power," and the motion would be futile. The Speaker overruled the point of order for this reason: There is no parallel between the Catlin Commission and this Committee. The Catlin Commission was appointed to investigate matters over which the Senate had no particular jurisdiction above or other than the jurisdiction of the House. This committee is solely and exclusively within the jurisdiction of the Horse. The question is whether or not the House shall prefer charges. The Attorney General has given an opinion in which he says: "There is no doubt of the right of the committee to proceed with the investigation after the adjournment of the House", and it is likewise the opinion of the Chair. (Legislative Journal, June 27, 1913, pp. 5372 and 5373; Journal, H. R., p. 5773.) On Rules, can designate bills as special orders of business. On the question of adopting a report from the Committee on Rules making bills special orders of Business. The point of order was raised. That the Committee on Rules has not the right to make any single bill a special order in advance of other bills. The Speaker decided the point of order not well taken under rules of the House. Record, May 21, 1901, p. 2544.) Standing, Power of, Over Bills. (Legislative The point of order was submitted that in line sixteen, of section three, the word "ten" is improperly in the section, for the reason that on second reading the word "ten" was stricken out, and the word "five" inserted by the House. The bill was afterwards recommitted, and the committee improperly restored the word "ten" and so reported it. An amendment inserted in the House is direct instructions to a committee, and should not be disobeyed by such committee. Decided well taken. (Journal H. R., 1885, p. 543.) The point of order was raised that as when the bill under consideration was recommitted to the Committee on Agriculture, it contained several amendments, inserted on the floor of the House, which were strickn out afterwards by the committee without authority; the House must insist on the amendments being replaced before proceeding with the further consideration of the bill. Decided well taken. (Journal H. R., 1893, p. 585.) To Report Bills from, when not the Order of Business, a Suspension of the Rules Necessary. A motion being made to permit the reporting of a bill after the order "Reports of Committees" had been passed, the point of order was rasied that to permit such report the rules would have to be suspended. The Speaker decided the point of order well taken. (Journal H. R. 1891, p. 1712.) Reports from, cannot be assumed. On the question of receiving a report from Committee, That under parlimentary rules, there is a proper time to make reports from committee, and AND MBERS COMMITTEE-Concluded. Objection to a Report of, must be made at proper time. A motion was offered to drop a House Bill from the calendar and substitute therefor a Senate Bill for the reason that the two bills are indentical and having reached that stage of passage under the constitution whereby one can be substituted for the other. The point of order was raised. That the Senate Bill is improperly on the calendar for the reason that the bill was reported irregularly by the Committee, no notice of the meeting having been given to the Committee members of the meeting at which this bill was considered. The Speaker decided the point of order not well taken as an objection at this time comes too late. (Legislative Record, April 10, 1903, p. 3444; Journal, H. R., p. 2096.) Proceedings of, not to be divulged on the floor of the House. On a motion to discharge a Committee from further consideration of a House Bill. That the gentleman divulged to the House the conduct or action of the Committee, which took place in the committee room. The Speaker ruled that it is out of order to divulge the proceedings that take place within the doors of a committee room, and decided the point of order well taken. (Legislative Journal, March 16, 1921, p. 705.) The Speaker also ruled that whatever occurs before a committee at a public hearing, is proper to be considered on the floor of the House. (Legislative Journal, March 16, 1921, p. 705.) (See also Legislative Record, 1907, p. 4174, and Legislative Journal, 1919, p. 3238-3259. Has right to reverse its original recommendations. A House Bill was re-reported from Committee with a negative recommendation. That when a committee has reported a bill affirmatively to the House and it is placed on the calendar of the House and read, then is recommitted to the Committee for the purpose of a hearing, the Committee cannot thereafter report the bill with a negative recommendation. (Legislative Record, April 17, 1907, p. 2810.) The Speaker decided the point of order not well taken, a committee has full power over any bill committed to it, except when such bill is committ d with specific instructions from the House. Further the Committee has the right to reverse its original recommendation based upon additional information obtained at a hearing or otherwise. (Legislative Record, April 22, 1907. p. 3066; Journal, H. R., p. 1925.) See also Legislative Journal, 1917, p. 4308. See also Journal H. R., 1907, pp. 1763-1925. See also Journal H. R., 1889, p. 1026. See also Journal H. R., 1889, p. 1388. Not permitted to sit during sessions of the House without leave. A bill was reported from Committee. The point of order was raised. That the action of the committee in reporting this bill is irregular and out of order for the reason that the meeting yesterday was held during the session of this House. The Speaker decided the point of order well taken, stating that under the Rules of the House. no committee shall sit during the session of the House without leave. The bill was ordered returned to the committee with the recommendation that they consider it in the regular way. (Legislative Record, April 4, 1907, p. 2144.) Motion to discharge, from consideration of a bill not in order until bill has been in its possession for ten days. On a motion to discharge a Committee from further consideration of a House Bill, That under Rule 57, this motion is out of order, the bill not having been in the Committee for ten days. (Legislative Journal, April 13, 1921, p. The Speaker decided the point of order well taken. 1886.) (See also Legislative Journal p. 310.) Bill Reported by, not Competent for Chair to go Behind the Records Concerning Action in. The Speaker decided that bill having been regularly reported by a committee, it is not competent for the Chair to go behind the records for the purpose of inquiring how it was acted upon in committee. The House sustained the decision. (Journal H. R., 1868, pp. 713, 714; also Journal H. R., 1901, p. 303.) Irregularly Considered by, no Cause for Rejection. The Speaker decided that the House cannot reject a bill because of alleged irregularity in its consideration by a committee. (Journal H. R., 1876, pp. 236, 241.) |