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ROLL CALL-Concluded.

Nothing in order but the calling of.

The roll having been ordered called after which an attempt was made to open discussion of the question.

The point of order was raised,
That there is nothing in order but the calling of the roll.

The Speaker decided the point of order well taken, stating that discussion of the question cannot be permitted. (Legislative Journal, March 19, 1913, p. 920; Journal, H, R., p. 1553) (See also Legislative Journal, February 24, 1919, p. 288-289. Legislative Journal, June 23, 1919, p. 3715.)

RULES.

Of Last House do not Continue in Force.

On motion to proceed to the election of a chief clerk, the point of order was raised that tho nomination and election of an officer on the same day was a transgression of the rules of the House. The Speaker decided the point of order was not well taken, as the House was not yet organized, and there were no rules in force. (Journal H. R, 1889, p. 10.)

Reports from Committee on, has Preference at all times.

On the question of adopting a report of the Committie on Rules.
The point of order was raised.
That the report

lie over one day. The Speaker decided the point of order not well taken, stating that a r port of the Committee on Rules, has preference at all times. (Legislative Journal, May 22, 1911, p. 3227.)

Suspension of, for Previous Resolution having been Refused, in order for Resolution Calling

for a Duty of the Legislature Imposed by Law.

The point of order was raised that the House having refused to suspend the rules for the purpose of considering a previous resolution, the resolution

not in order. The Speaker decided the point of order not well taken for the reason that the resolution called for a daty imposed upon the Legislature by a special act of Assembly. (Journal H. R., 1889, p. 1192.)

Motion for Suspension of, does not receive immediate Consideration.

A motion to suspend the riles of the House for the purpose of immediate consideration of a resolution was referred to the Committee on Rules.

The point of order was raised,
That this being a motion to suspend the rules of the House it must be immediately considered

The Speaker decided the point of order out of order, there being no rule of the House pritviding for immediate consideration of this motion. (Legislative Journal, February 21, 1911, p. 305.)

Motion to Suspend Must lie over one day.

On the question of agreeing to a motion to suspend House Rule No. 39 during discussion og a House Bill the following day.

The speaker ruled that under Rule 43 of the House this motion cannot be considered at this time without unanimous consent, therefore must tie over one day.

An appeal was taken from the ruling of the Chair.

The House sustained the decision of the Chair. (Legislative Journal, April 16, 1917, p. 1303. ) (See also Legislative Record, February 7, 1906, p. 403 ; Journal H. R. p. 194.) (See also Legislative Record, May 10, 1907, p. 5066.)

Motion to Suspend Must state a Specific Purpose.

On a motion to suspend House Rule No. 57 for the remainder of the session,
The point of order was raised,

That the motion is out of order for the reason that it violates House Rule No. 43, which requires that a motion to suspend a rule of the House must state a specific purpose.

The Speaker decided the point of order well taken. (Legislative Journal, April 20, 1921, p. 2467.)

Suspension of, for a specific purpose is in order.

A Senate Bill was being considered on third reading,
The point of order was raised,

That Rule No. 43 was suspended under the motion offered which rule provides for the method of suspending rules. That motion did not suspend Rule No. 8, which is therefore in force and there is no provision for the consideration of third reading bills at this time.

The Speaker decided the point of order not well taken; the purpose of the motion was clearly stated, that it was for the purpose of suspending the rule, for the specific purpose of proceeding to the consideration of this bill. (Legislative Journal, June 25, 1917, p. 4131.)

Suspension of, for a specific Purpose is in Order.

Rule No. 43 of the House was suspended for the specific purpose of consideration on thin reading of a Senate Bill, the House proceeded to the consideration of the bill.

The point of order was raised,

That the consideration of this bill is out of order at this time, for the reason that Rule Ne. & of the House does not provide for consideration on Monday nights of bills upon third reading.

The Speaker decided the point of order not well taken, stating that the rules of the Hose provide that the majority of those voting can at any time alter the rules of the House. (Legislative Journal, June 25, 1917, P, 4131.)

RULES-Concluded.
Suspension of, Required before motion to place Bill on Calendar after five days have elapsed

can be considered.

On a motion to place a House Bill on the calendar notwithstanding the fact that it had been dropped therefrom by reason of not having been called up from the postponed calendar within fire days of such postponement. The point of order was raised,

That before this motion can be considered, the rule must be suspended. The Speaker decided the point of order well taken. (Legislative Journal, May 21, 1913, p. 3274; Journal, H. R., p. 3866.)

SENATORS OF THE UNITED STATES.

Not Competent for One House to Instruct.

A point of order was raised that it is not competent for one House of the General Assembly to instruct Senators of the United States. The Speaker decided the point of order to be well taken. (Journal H. R., 1875, p. 113.)

SESSION

Continued after Midnight, Competent to Proceed with Business Pending Before the House.

The session of the House haring continued after twelve o'clock midnight, the Speaker decided that it was in order to proceed with the business before the House, An appeal was taken. The House sustained the decision. (Journal H. R. 1864, p. 1025.)

The hour of midnight having arrived, the Speaker decided that it was in order to proceed with the business then under consideration. (Journal H. R., 1872, pp. 622, 623.)

Special, for a Special Purpose, no other Business can be considered at.

The point of order was raised that this being a special session for a special purpose, no other business could be considered. The Speaker decided the point of order well taken. (Journal H. R., 1891, p. 1443.) (See also, House Journal 1879, p. 788.)

SPECIAL ORDER OF BUSINESS.

Requests for, Must be in Writing.

Unanimous consent was ask d that a bill be made a Special Order of Business.
The point of order was raised,

That requests for Special Orders on bills should be put in the form of a written resolution, giving the nuinber, title and file folio of the bill.

The Speaker decided the point of order well taken. (Legislative Record, May 10, 1907, p. 5070.)

Hour for, Having Arrived, must Proceed with.

The Speaker decided that the House having agreed to “proceed to the final vote upon a resolution at ten o'clock this evening," and that hour having arrived, nothing was in order but the vote on the final passage of the resolution. (Journal H. R., 1869, p. 707.)

Motion fixing, in Order.

On a motion to make a House Bill a special order of business, on second reading,
The point of order was raised,
That this motion being in the nature of a resolrition, is out of order.

The Speaker ruled that the motion being a mere motion, is in order. (Legislative Journal,
February 19, 1913, p. 362; Journal, H. R., p. 917.)

Consideration of, in order even though the Time Fixed for, has passed.

Consideration of a House Bill was resumed on second reading, as a special order of business,
The point of order was raised,

That the special hour of eight-thirty fixed for consideration of this bill having passed, there is now nothing in order but the regular order of business.

The Speaker decided the point of order not well taken. (Legislative Record, April 7, 1909, p. 2968.)

House by Majority Vote on Recommendation of Committee on Rules Can Fix, for one Bill in
Advance of others.

Mr. Bedford submitted the point of order that the Committee on Rules had not the power to take out any single bill and make it a special order in advance of other bills. The Speaker read for the information of the gentleman, the rule, and decided the point of order not well taken. (Legislative Record, 1901, p. 2544.)

VETO MESSAGE.

NDERS

Motion to Postpone Consideration of, for the Present, in Order.

A motion having been made to postpone consideration of the veto message for the present, the point of order was raised that under the provisions of the Constitution the House could not postpone the consideration of the communication." The Speaker pro tempore decided the point of order not well taken. (Journal H, R., 1893, P. 530.) (See also similar decision, same Journal, p. 532.)

VOTE.

Challenge of Members, when result is effected Announcement of the Vote is withheld.

A House Bill was on final passage, the roll was taken and on verification of the roll, A member's vote was challenged which changed the result of the vote.

The Speaker pro tem decided unier rule No. 65 of the House, the result of the vote will be withheld until the challenge is investigated. (Legislative Journal, May 7, 1913, pp. 2763-4; also Journal H, R., p. 3344.)

After investigation by the Speaker the challenge was not sustained as the gentleman was present and voted. (Legislative Journal 1913, p. 2764.)

Challenge of Member's, required in writing only where result is effected.

A member's vote was challenged on the final passage of a House Bill,
The point of order was raised.

That when a vote of a member is challenged, the grounds for the challenge should be submitted in writing.

The Speaker decided the point of order not well taken, stating that a challenge must be in writing only where the vote would effect the result as to the passage of the bill. (Legislative Journal, March 31, 1913, p. 1292; Journal H. R., p. 2005.) (See also, Legislative Journal April 27, 1921.)

Members may change, any time before result is Announced.

The roll was being verified on the final passage of a House Bill when a member requested that his vote be changed having roted under a misapprehension,

The point of order was raiseri.

That we are now on the verification of the roll. The yeas were announced and there were no objections made as to the votes recorded. The nays were announced and no gentleman annonded himself dissatisfied with the result, furthermore the gentleman has not indicated that he total "no" under a misapprehension.

The Speaker decided the point of oriler not well taken, the rule is that members may change their vote at any time before the result of the vote has been announced. (Legislative Journa. June 16, 1913, p. 4346; Journal H, R., p. 4923, see also Legislative Journal, June 11, 1919, p. 2858.)

Member entitled to, if within the hall of the House when his name is Called.

On the final passage of a House Bill,
The point of order was raised,

That when an objection is raised to a member voting, after his name has been passed on the roll, under the rules of the House, he shall then not be permitted to vote, whether he is in the Horse or not.

The Speaker decided the point of order not well taken, stating that if the gentleman desiring to be recorded, is within the Hall of the House when the roll is called, he is entitled to yote. (Legislative Journal, March 31, 1913, p. 1291; Journal, H. R., p. 2004.)

Member cannot be recorded after result of, is announced.

On a motion to reconsider the vote by which a bill was defeated on final passage, a roll was taken, verified and the result announced when a member asked to be recorded,

The point of order was raised,
That the roll has been called ; the verification made; and the vote announced.

The Speaker decided the point of order well taken and the members vote was not recorled. (Legislative Joumal, May 5, 1913, p. 2618; Journal, H. R., p. 3238.)

Members Calling for Yeas and Naye Must Vote.

The

The Speaker decided that members calling for the yeas and nays were required to vote. House sustained the decision. (Journal II. R., 1857, p. 714.)

House Competent to Excuse Member from.

The Speaker decided that it was at all times competent for the House to excuse a member from voting. (Journal H. R., 1858, p. 813.)

The House Ordering Members to, Abrogated Rule Relative to.

The Speaker decided that the House having ordered members to vote, the decision of the House abrogated, in this particular instance, the rule prohibiting members from Foting who were in their seats when their names were called, and refused to vote. The House sustained the decision. (Journal H. R., 1858, p. 715.)

Call for a Division of, must be made before Speaker renders Decision.

An amendment to a House Bill was declared not agreed to by the Speaker, when a divisca was called for,

The point of order was raised,
That the call came too late as the chair has already rendered his decision.

The Speaker decided the point of order well taken. (Legislative Journal, March 22, 1911.

VOTE--Concluded.

Viva voce, not in error.

A Concurrent Resolution recalling a House Bill from the Senate was adopted by a viva voce vote,
The point of order was raised,

That the Speaker erred in his decision on the viva voce rote on the Concurrent Resolution recalling House Bill No. 269 from the Senate.

The Speaker submitted the question on the point of order to the House.

The House sustained the Speaker in his decision on the viva voce vote. (Legislative Journal, April 5, 1921, p. 1309.)

Member being a member of a Commission, not considered personal interest and is entitled to.

On the question of agreeing to amendments offered to a House Bill,
The point of order was raised,
That the gentleman has personal interests in the hill and is therefore not entitled to vote.

The Speaker decided the point of order not will takt. stating that being a member of a
Commission is not a personal and private interest. (Legislative Journal, June 3, 1913, p. 3819 ;
Journal H, R., p. 4503.)

VOTERS.

Qualifications of, an Amendment to a Bill Relating to, not in Order.

A notion was made to amend so as to insert the word "white" before the word "citizen." question of order was raised, "that inasmuch as the Constitution defines the qualifications of voters, therefore the amendment was not in order." The point of order was submitted to the House, and it was decided to be well taken. (Journal H. R., 1868, p. 467.)

WITNESSES.

Subpoenaed Before Contested Election Cases Must be paid.

The speaker decided that witnesses, regularly subpoenaed, before a contested election commiitee, must be paid according to law. (Journal H. R., 1869, p. 597.)

AND
MBER

LEGISLATIVE PRACTICE AND PROCEEDINGS IN THE

GENERAL ASSEMBLY OF PENNSYLVANIA.

TIME OF MEETING.

The General Assembly meets biennially on the first Tuesday of January, at 12 o'clock 11., the next meeting being on January 2, 1923.

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OFFICERS OF THE PRECEDING SESSION WHO ARE AUTHORIZED TO BE PRESENT AT THE

ORGANIZATION OF THE LEGISLATURE. The Lieutenant-Governor who by the Constitution is made President of the Senate presides at the opening of the Senate.

By the Act of July 1, 1919, P. L. 717, all the officers and employes of the Senate and Hogee of Representative shall return as such to the next regular bi nial se on of the Legislature following that for which they were elected or appointed.

ORGANIZATION OF THE LEGISLATUBE.

THE SENATE.

At twelve o'clock M., on the day fixed for the meeting of the General Assembly, the twentyfive Senators whose term of office has not expired and the twenty-five Senators elect, together with the returning officers of the Senate, assemble in the Senate Chamber and are called to order by the President of the Senate (the Lieutenant-Governor) in the following form: "This being the day fixed by the Constitution for the meeting of the General Assembly, and they appearing to be present a sufficient number of the members of the Senate, together with a num her of gentlemen elected to the Senate at the last general election to constitute a quorur, th” Senate will come to order.'

The custom is to call upon the former chaplain or any minister of the Gospel who mar the present to open the proceedings with prayer, after which the Secretary of the Commonwealth, being introduced by the Sergeant-at-Arms, presents to the Senate the returns of the election for Senators held at the previous November election. A motion is then made by a member of the Senate that the clerk proceed to open and read the returns as presented, and upori Raid motion being agreed to the clerk performs said duty. Upon the completion of the reading of said returns the President orders the Clerk to call over the roll of Senators by districts, per Senator when his name is called, signifying his presence by answering present," after thirty the newly elected Senators present themselves in front of the clerk's desk, when the requi<ite oath of office is administered to them by a judge of the Supreme Court, or a judge of the Court of Common Pleas learned in the law, and is signed by the Senators in a book prepared for the purpose. It is customary for those who swear by the Bible to be sworn first; then their who swear by the uplifted hand; and lastly those who affirm.

The next proceeding is the election of a President pro tempore, a motion being made hr op of the Senators that the Senate do now proceed to such election and that the clerks art ** tellers ; this being agreed to, the President announces that nominations for said office are in order. After the nominations have been made the clerks proceed with the election hr calling the roll of the Senate, and the Senators roting for their choice by a viva voce vote. The President announces the result of the vote and declares who has been elected; he then appointe A committee of two Senators (usually the defeated candidate, and the Senator who nominatny the successful candidate) to escort the President pro tempore to the chair. The next onler business 1s the election of the Chief Clerk and other officers, after which the Senate is ready » proceed with any business that may be presented.

THE HOUSE OF REPRESENTATIVES.

as

The members elected and returned together with the returning officers of the House of Rep. resentatives, meet in the Hall of the Honse of Representatives on the day fixed for the meet. ing of the Legislature, and at eleven o'clock A. Mi of that day one of the oldest memhers, that is, one who has been a member for previous years and returned elected to the present session announces from the Speaker's stand, "that the members of the House of Representatives it! meet this day at twelve o'clock M., for the purpose of organization." When that time arrira the clerk rises and says: “This being the day appointed by the Constitution for the meeting of the General Assembly, and there being present a sufficient number of gentlemen elected me bers to constitute a quorum, the House will come to order."

As soon this announcement is made by the Clerk, and order restored, the Secretary of the Commonwealth presents himself at the bar of the House. The Sergeant-at-Arms immed'in arises and announces, "The Secretary of the Commonwealth." The Clerk then announces to the House, "The Secretary of the Commonwealth." When this is done, the Secretary of the Coon monwealth advances a few feet within the bar of the House, and says: "Mr. Clerk, I have the honor to present the returns of the late elertion of members of the House of Representatives for the several cities and counties of this Commonwealth, agreeably to the provisions of the Constitution and laws relating to the election of this Commonwealth."

As soon as the Secretary of the Commonwealth retires, some member arises in his place and mores “that the returns of the election be opened and read." This motion heing remar's stated by the Clerk, and agreed to by the House, the Clerk proceeds first, with the retong from the city of Philadelphia, and then with those of the several counties in the Commonwealth, in alphabetical order.

When the returns are all read, and the names of the members returned as such announce the Clerk then calls over the roll of members alphabetically, each member, when his name to called, signifying his presence by answering "present." The oath of office is then adotr. istered by a judge of the Supreme Court or of a Court of Common Pleas learned in the law and is signed in a hook prepared for the purpose. It is usual for those who swear by the Bible to be sworn first, then those who swear by the uplifted hand; and lastly those who affirm.

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