RECONSIDERATION-Continued. Of a defeated House Bill, not on the Calendar, in Order. On a motion to reconsider the vote by which a House Bill was defeated on final passage, That the House calendar having been dropped by the House, the consideration of this bill cannot be taken up. The Speaker decided the point of order not well taken as this bill was not on the calendar but is a defeated bill and under the rules of the House can be reconsidered within five days after it has been defeated. (Legislative Record, May 13, 1907, p. 5246.) Bill Negatived on Final Passage, only those Voting in the Negative Competent to Move for. The point of order was raised that when a bill fails on its final passage for want of a constitutional majority, does it require those who voted for the hill, who may be of a majority of the votes cast, or those who voted against the bill, although of a minority of the votes cast, to move to reconsider? The Speaker ruled that it would require the motion to reconsider to be made by those voting against the passage of the bill. (Journal H. R., 1874, p. 725) Members Voting with the Minority Competent to move for, when Yeas and Nays are not Called. The point of order was submitted that when section twenty-nine of a House Bill was under consideration, an amendment was offered allowing fishing with nets and baskets. The amendment was adopted. Immediately after its adoption a motion was made for the reconsideration of the vote--the motion being made by the gentleman who voted with the minority, and therefore not entitled to the privilege. The proceedings being irregular and contrary to the rule, the motion and action of the House relative thereto should be stricken from the Journal, and the amendment should remain as part of the section. The Chair decided the point of order not well taken, as there was no record of the vote. (Journal H. R., 1897, p. 1059.) When yea and nay vote is not taken any Member may make a motion for. On the question of agreeing to a motion to reconsider the vote by which an amendment was defeated. The point of order was raised. That the gentleman who offered this motion voted in the minority when the amendment was first before the House, therefore is incompetent to make the motion to reconsider. The Speaker decided the point of order not well taken for the reason that on the amendment first offered the yeas and nays were not called. (Legislative Record, February 4, 1903, p. 484; Journal H. R., p. 410.) Motion for must be made by members voting in the Majority. A motion was offered to reconsider the vote by which a House Bill was defeated on final passage. The point of order was raised. That the gentleman who made this motion did not vote in the negative therefore he cannot move for reconsideration. The Speaker decided the point of order well taken. (Legislative Record, April 3, 1907, p. 2087.) Member Making Motion for, must have been present and voted. On a motion to place a House Bill on the calendar, which was defeated on final passage. That the gentleman making the motion was not present when the vote was taken, therefore he cannot make this motion. The Speaker decided the point of order well taken. (Legislative Journal, June 24, 1913, p. 4911; Journal H. R., p. 5288.) (See also Legislative Journal, April 7, 1921, p. 1526.) Of Bill by Senate after Being in Possesion of the House not in Order. After a bill incorporating a railroad company had passed the Senate and been received by the House, the Senate reconsidered the vote on its final passage and notified the House of the same. The bill being on the House private calendar of Senate bills, a question of order was raised that inasmuch as the Senate had reconsidered its vote on the final passage, and notified the House thereof, the bill was, therefore, not in order. The Speaker submitted the question to the House. The House decided the question of order not well taken. (Journal H. R., 1870, p. 1173.) After Bill has Passed House and is Messagod to Senate Not in Order to. A motion was made to reconsider the vote by which a House Bill passed finally. That this bill has already passed the House and sent to the Senate for concurrence and is no longer the property of the House. The Speaker pro tempore decided the point of order well taken. An appeal was taken from the decision of the Chair. The House sustained the decision of the speaker pro tempore. 21, 1917, p. 732; Journal H. R., p. 948.) Motion to Indefinitely Postpone Motion for, in Order. (Legislative Journal, March AND MBER A motion having been made to indefinitely postpone the motion to reconsider, the point of order was submitted that a motion to indefinitely postpone a motion to reconsider was not in order. The Speaker decided the point of order not well taken. (Journal H. R., 1895, p. 2579.) RECONSIDERATION-Concluded. Of Vote on Indefinite Postponement of Motion to Reconsider, not in Order. The Speaker decided that a motion to reconsider the vote on indefinitely postponing a motion to reconsider the vote on the final passage of a bill, was not in order. The House sustained the decision. (Journal H. R., 1862, p. 778.) Of Vote Defeating Bill, May Be Made Within Five Days of Actual Session. The point of order was raised whether five legislative days had not intervened since the bill was defeated. The Speaker ruled that the bill was defeated on the seventeenth instant, last Monday. The House was in session Tuesday, Wednesday and Thursday of last week. This will be the fourth day in which the House is in session. The point of order is not sustained. (Journal H. R., 1913, p. 6045, and Legislative Journal, 1913, p. 3072.) Motion for, in order until Defeated. On a motion to reconsider the vote by which a Senate Bill was defeated on final passage. That a motion has once been made for the reconsideration of this bill. The Speaker ruled that a motion to reconsider is always in order until the motion to reconsider has been defeated. (Legislative Record, April 15, 1909, p. 4096.) Motion for, Having once been Defeated, not again in Order. On a motion to reconsider the vote by which a House Bill was defeated on final passage. That this bill having been defeated twice, it cannot be considered again. The Speaker pro tempore decided the point of order well taken. (Legislative Record, April H. R., p. 1667.) (See also Legislative Journal, April 19, 1921, p. Legislative Record, April 7, 1903, p. 2, 1903, p. 2712; Journal, June 23, 1919, p. 3719. 2320. Legislative 2878; Journal H. R., p. 1767.) Brings bill before the House as it was originally. A motion to reconsider the vote by which a Senate Bill was recommitted to Committee, having been agreed to, amendments were then offered to the bill when. The point of order was raised. That the offering of amendments is out of order because this bill is not on second reading and the motion passed upon by the House is merely placing this bill back to its position on the second reading calendar. The Speaker decided the point of order not well taken, the reconsideration of the vote brings the bill before the House as it was when the motion to recommit was adopted. An appeal was taken from the decision of the chair. 1526, 1527; Journal, H. R., p. 2215.) (Legislative Journal, April 7, 1913, pp. 1525, Motion for, of Vote Recommitting Bill a Privileged Question. The point of order was raised that this being third reading day a motion to reconsider a motion to recommit was not in order. The Speaker decided the point of order not well taken, for the reason that rules of the House made the motion to reconsider a privileged question and that such motion could be made at any time a member competent to make such motion obtained the floor and was recognized by the Chair. (Journal H. R., 1895, p. 870.) Motion for, is privileged within five days. On a motion to reconsider the vote by which a House Bill was recommitted to Committee. That this motion is out of order because in effect it would be discharging the Committee from further consideration of the bill. The Speaker decided the point of order not well taken, the rules provided that a motion to reconsider is privileged within five days. (Legislative Record, April 23, 1907, p. 3131; Journal H. R.. p. 1949.) Of Amendments to Bill, When Motion for, in Order. The point of order was raised that the motion to reconsider vote by which an amendment was inserted on second reading was out of order, because the said bill was not before the House, and the motion could not be entertained until the regular order on second reading was reached and the bill reconsidered. Decided well taken. (Journal H. R., 1885, p. 795.) (See also Legislative Journal, June 27, 1913, p. 5396.) RESOLUTIONS. Placing bill not reported from Committee on Calendar, Not in Order. On the question of adopting a resolution to place a Senate Bill on the calendar notwithstanding the negative recommendation of the Committee. The point of order was raised. That this bill has not been reported to the House and is not in the possession of the House, therefore this resolution cannot be entertained. The Speaker decided the point of order well taken. (Legislative Record, May 6, 1907, p. 4176; Journal H. R., p. 2597.) Laid upon the table by a majority vote of the House cannot be taken from the Table except by a Majority Vote. A resolution which was laid on the table was called up by a member. The point of order was raised, RESOLUTIONS Continued. That the resolution was laid on the table by a vote of the House, therefore must be taken off by a vote of the House. (Legis The Speaker decided the point of order well taken, stating that it will require a motion agreed to by a majority of the members present to take the resolution from the table. lative Record, February 11, 1907. p. 513; Journal H. R., p. 498.) Act of Assembly Cannot be Repealed by. On a motion to refer a Concurrent Resolution abolishing the printing of the Legislative Record to the Committee on Printing. The point of order was raised. That the publishing of the Legislative Record is provided for by an Act of Assembly and an Act of Assembly cannot be repealed by a Concurrent Resolution. The Speaker decided the point of order well taken. (Legislative Record, April 2, 1907, pp. 1941 and 2034; Journal H. R., p. 1385.) (See also Legislative Record, March 12, 1901, p. 785; Journal H. R., p. 727; also Legislative Record, Feb. 15, 1906, p. 695; and Journal H. R., p. 303.) Acts of Assembly cannot be amended by Concurrent. On the question of adopting a concurrent resolution. The point of order was raised. That this resolution is unconstitutional. The Speaker decided the point of order well taken, holding that an Act of Assembly cannot be amended by a concurrent resolution. (Legislative Journal, June 7, 1917, p. 3273; Journal H. R., p. 3143.) Not concerning the House, is Out of Order. On the question of adopting a concurrent resolution. The point of order was raised. That the House is not concerned in this resolution because there is no charge in it affecting a member of this House but the charge relates entirely to a Senator. The Speaker submitted the point of order to the House. The House sustained the point of order. (Legislative Record, May 6, 1907, p. 4180; Journal H. R., p. 2600.) Requesting Information from a Department does not Require Unanimous consent for its consideration. On the question of adopting a House Resolution requesting information from the Governor. That unanimous consent had not been given to the consideration of the resolution at this time. The Speaker decided the point of order not well taken, as the resolution is one calling for information from the head of a department, and does not lie over one day, therefore unanimous consent is not required. (Legislative Journal, February 14, 1921, p. 198.) Requesting Certain Information from the Banking Department not in Order. On the question of adopting a resolution requesting information from a department. That the Banking Commissioner or any deputy officer or employee of this department shall not divulge the contents of the reports called for in this resolution. The Speaker suspended decision of the point of order until he has had a consultation with the Banking Department. (Legislative Record, March 19, 1907, p. 1450.) The Speaker decided the point of order well taken. (Legislative Record, March 28, 1907, p. 1834.) (See Decision of Attorney General, Legislative Record, p. 1835; Journal H. R., p. 1298.) Requesting a clerk in a Department to Furnish Information, not in Order. On a motion to commit a House Resolution to the Committee on Ways and Means. That the resolution is out of order, because Mr. Lewis, being an employee and not an officer of the Auditor General's Department, cannot be called upon to furnish information from that Department. The Speaker decided the point of order well taken, and declared the resolution out of order. (Legislative Journal, April 13, 1921, p. 1836, and April 18, 1921, p. 2037.) Recalling Bill from Senate Must be acted upon by the Senate. On a motion to reconsider the vote by which the resolution recalling a House Bill from the That the House cannot recall a bill from the Senate after it has passed second reading in the Senate. The Speaker ruled that the resolution recalling the House Bill is a Concurrent Resolution, therefore the question of returning the bill to the House is for the Senate itself to determine. (Legislative Journal, April 5, 1921, p. 1308.) Reconsideration of Vote Adopting, after bill has been Messaged to Senate, not in Order. On a motion to reconsider the vote by which the House adopted a Resolution to return a That the resolution authorizing the return of this Bill to the Governor, was adopted by the House and messaged to the Senate before the gentleman presented his motion to reconsider the vote on the resolution, therefore his motion is out of order, the resolution no longer being in the possession of the House. The Speaker decided the point of order well taken, stating that the resolution has already been messaged to the Senate and is not in the House, therefore the motion is out of order (Legislative Journal, June 16, 1919, pp. 3110 and 3111.) AND EMBERS RESOLUTIONS-Continued. Recalling bill from Governor is in order after bill has been signed by presiding officers of both Houses. On the question of concurring in a resolution of the Senate to recall a Senate Bill from the Governor. The point of order was raised. That this bill has not yet been messag d to the Governor, therefore the House cannot consider a resolution to recall it The Speaker ruled that this bill has been signed by the Speaker and is no longer in the possession of the House. (Legislative Journal. June 19, 1917, p. 3842.) Making Bills Special Order of Business not in order until Bills have been reached. On the question of adopting a resolution making certain House Bills a Special Order of Business. The point of order was raised. That this resolution is not in order as the bills have not been reached on the calendar. The Speaker decided the point of order well taken. (Legislative Record, March 18, 1901, p. 850; Journal H. R., p. 759.) Consideration of a Similar, Previously acted upon, not in Order. On the question of adopting a resolution. The point of order was raised. That the House had acted upon a similar resolution yesterday and that this resolution was not in order. The Speaker decided the point of order well taken. (Journal H. R., February 15, 1901, p. 458.) Consideration of, not in Order until Printed. A concurrent resolution was offered and ordered laid over for printing when. The point of order was raised. That the resolu.ion is out of order. The Speaker decided that until the resolution is printed its consideration is not in order and until its consideration is in order a point of order cannot be raised against it. Journal, May 5, 1913, p. 2604.) Amendment to, must Lie over for Printing. On the question of agreeing to an amendment to a resolution. The point of order was raised. (Legislative That the amendment is of the same purport as the resolution and under the rules must lle over. The Speaker decided the point of order well taken. (Journal H. R., April 22, 1901, p. 1361.) Amendment to, Restraining Persons from Leaving the State not in Order. An amendment was offered to a resolution restraining certain persons from leaving the State. The point of order was raised. That the amendment undertakes to give powers that the Legislature does not have. No legislative body has the power to restrain any person from leaving the jurisdiction of the Commonwealth before process is served. The Speaker decided the point of order well taken. (Legislative Record, January 28, 1907, p. 267; Journal, H. R., p. 303.) Referring to Committee of Amendment to Resolution, does not Carry Resolution with it. The point of order was raised, "that an amendment offered to a resolution having been referred to a committee by the House, the action carried with it the resolution". The Speaker decided the point of order not well taken. (Journal H. R. 1907, p. 302.) Inaccurate Statement in, does not bar consideration. On the question of concurring in a resolution from the Senate. The point of order was raised. That the resolution is out of order in that it would investigate a subject that does not exist at this time. The Speaker ruled that the fact that the resolution contains a statement which is inaccurate does not bar the subject. (Legislative Journal, June 27, 1913, p. 5421.) Is not Dual in its Purpose when Embracing two Districts. On the question of adopting a resolution. The point of ord r was raised. That his resolution embraces two election districts or two subjects and it is therefore dual in its purpose. The Speaker decided the point of order not well taken for the reason that both the contests referred to in the resolution are before the Committee on Elections. (Legislative Record, January 29, 1903, p 314; Journal, H. R., p. 324.) Discharging a Committee from further consideration of a bill, in Order. On the question of adopting a resolution discharging a Committee from further consideration of a bill. The point of order was raised. That the Committee did not report the bill when that order of business was reached and under the Rules of the House, no such order will be reached until tomorrow, therefore the resolution is out of order. The Speaker decided the point of order not well taken. An appeal was taken from the decision of the Chair. The House sustained the ruling of the Speaker. (Legislative Record, March 20, 1905, p. 1205; Journal, H. R., p. 938.) RESOLUTIONS-Concluded. Not Germane to Subjects enumerated in Governor's Proclamation for Special Session. On the question of adopting a concurrent resolution. The point of order was raised, That this resolution is out of order, not being germane to any of the subjects enumerated within the proclamation of the Governor. The Speaker ruled the point of order well taken. (Legislative Record, January 22, 1906, p. 59; Journal, H. R., p. 35.) Same point of order raised under following references: Date Jan, 22, 1906 Jan. 22, 1906 Feb. 6, 1906 Legislative Record Page 59 House Journal Feb. 9, 1906 Instructing United States Senators Must be by Concurrent. On the question of adopting a resolution in reference to the election of United States Senators by direct vote. The point of order was raised. That this resolution is out of order because it being in the nature of instruction to Senators of the United States, should therefore be a joint resolution of the House and S nate and not a resolution of this House alone. The Speaker decided the point of order well taken. An appeal was taken from the decision of the Chair. The House sustained the ruling of the Speaker. (Legislative Journal, February 27, 1911, pp. 363, 364, 365, 366 and 367; Journal, II. R., p. 673.) Concurrent, continuing an old commission, is in Order. A concurrent resolution was offered providing that the school code be referred to the That a commission cannot be recreated in this manner and further the House cannot refer any bills to a commission which has no existence. The Speaker ruled that inasmuch as the resolution merely continues the old commission it is proper, therefore the point of order is not well taken. (Legislative Record, March 31, 1909, p. 2005.) Motion to adopt Negatived, not in Order. A motion was offered to adopt a resolution which had been reported by Committee with a negative recommendation. The Speaker ruled the motion out of order, stating that the proper parlimentary practice is to offer a resolution to have this resolution (which is in the nature of a bill) placed upon the calendar notwithstanding the negative recommendation of the Committee. An appeal was taken from the decision of the Chair. The House sustained the ruling of the Chair. (Legislative Journal, February 7, 1911, pp. 176, 179 and 180; Journal, H. R., pp. 450 and 453.) Authorizing Investigation of Newspaper correspondent, out of Order. On the question of adopting a resolution authorizing investigation of a newspaper correspondent. The Speaker d cided the point of order well taken. (Legislative Journal, January 29, 1913, p. 111, Journal, H. R., p. 557.) A Majority of all the Members not Necessary to Pass Concurrent Resolution Entailing Expense to the State. The Speaker decided that a concurrent resolution to appoint a commission, which read; "The expenses of said commission shall be paid upon warrants drawn by the chairman upon the State Treasurer and approved by the Auditor-General, and each of said commissioners shall be allowed the sum of ten dollars per day, said expense and compensation to be paid out of such moneys as may by law he hereafter appropriated for such purposes.' did not require one hundred and one votes (a majority of all the members of the House) to pass, as the resolution did not appropriate money. On an appeal, the House sustained the decision. (Journal H. R., 1878, p. 1394.) ROLL CALL. Call of, Under Call for Previous Question in Order. The Speaker decided that calling of the roll, under the call for the previous question is in order. (Journal H. R., 1875, p. 343.) Not In Order after question has been determined. On a motion to reconsider the vote by which a resolution recalling a House Bill from the Senate, was adopted. A viva voce vote was taken, and the Speaker decided the motion was not agreed to. The point of order was raised. That several members of the House called for a division of a yea and nay vote before the final decision of the Chair was made, but were not heard by the Speaker, therefore they are entitled to the privilege of a roll call on the question. The Speaker ruled the original question has been determined, and the only question is the point of order on the decision of the Chair, as to the yeas and nays, on a viva voce vote. (Legislative Journal, April 5, 1921, p. 1308.) MB |