INDEX TO SENATE DECISIONS. A. Page. ADJOURNMENT "from day to day" by less than a quorum, what it means, can be made only on second or third reading after bill is reported, negative on second reading can be inserted in committee of the whole on in order to strike out on third reading that which has been inserted on 1254 1254 1254 1255 not germane to resolution out of order, can be made to resolution regulating Senate business, made in committee of the whole, striking out matter, Senate can reinsert, affecting an increase of the revenues are not germane to other bills, 1257 1254 1255 negatived by the Senate not in order to introduce and consider similar bill, 1255 1255 House, negatived by Senate, not in order for Senate to consider bill of similar 1256 postponement of, for the present not in order on the call of one Senator, 1256 1256 amendments made to, on second cannot be stricken out on third reading, passed by both Houses, and not sent to the Governor, cannot be taken up, motion to recommit, for amendment to change character of, not in order, general, local, special, class legislation, 1254 1256 1256 1256 1256 1256 1255 1256 after reconsideration of vote, must be acted on when reached in order, objection to consideration of, reconsidered, must be made at the proper time, on final passage, twenty-six votes in the affirmative necessary, minority of a standing committee cannot make a report on, twice negatived on final passage, reconsideration of, not in order, objection to consideration of, must be raised at the proper time, amendments to amended Senate bills from House when in order, final vote cannot be reconsidered after five legislative days, merits of, debatable on motion to postpone consideration of, to fixed time, if regularly reported, can be considered by Senate, 1256 1257 1257 1257 appropriating money for the erection of a monument do not require a two-thirds 1257 1257 1258 1262 1257 1255 1263 1263 1257 1257 1256 which have passed House and are on second reading in Senate, resolution recalling, 1263 majority of those voting in Senate discharges committee from consideration of,. 1258 1265 to discharge committee from, before five days, rule must be suspended, 1257 1257 C. CALL OF THE HOUSE is the order when a motion to adjourn falls and less than a 1258 1258 minority report from standing, on a bill, not in order, 1258 bills regularly reported from, can be considered by Senate, to discharge, from bills, before five days, rule must be suspended, Page. CONFERENCE COMMITTEE, Senate can instruct, 1258 report of disagreement of, discharges, report of, not to be considered on day of final adjournment, 1238 power of, over whole bill, 1259 1259 1239 1239 1259 1257 CONSTITUTIONALITY OF BILLS to be determined by the Senate, EXECUTIVE SESSION, a motion to reconsider vote on nominations not debatable in, point of order made and sustained when in, Senate can subsequently reconsider, 1250 1259 vote in, can be reconsidered after five days, EXTRAORDINARY SESSIONS, what resolutions in order in, FINAL PASSAGE OF BILLS, twenty-six affirmative votes necessary, INDEFINITE POSTPONEMENT of a motion to reconsider a section does not include bill,.. 1260 cut off by call for previous question, motion for, not capable of amendment, does not preclude debate upon the original subject, 0. ORDERS OF THE DAY, dispersing with, in considering bills not in numerical order, 1261 1260 1260 1260 1255 two-thirds vote not necessary to change time of daily adjournment, 1260 regular, suspended by special, 1260 take precedence of call for the previous question, 1261 1261 P. POINTS OF ORDER cannot be raised upon another pending point of order, can be raised at any stage of a bill, cannot be raised upon a question after other business has intervened, POSTPONEMENT, motion for, to a time fixed, subject to limited debate on merits of bill, PREVIOUS QUESTION, call for, can be renewed the same day, on bill, not precluded by motion to postpone, QUORUM, Senators announcing pairs to be counted in making up, 1261 1261 of privilege, do not take precedence of special orders, 1262 Senators announcing pairs and signing appeal to be counted in making up, 1262 1262 1254 1258 R. RECEDE, motion to, from amendments made by the Senate non-concurred in by the House, 1255 RECESS, amending motion for, motion for, not in order after motion to adjourn has been defeated, RECOMMIT, motion to, for amending bill to change character of, not in order, 1262 1262 1958 RECONSIDERATION of negative vote on final passage of bill, point of order made and sustained when in executive session sub- of a bill twice negatived on final passage not in order, not in order after ive legislative days, Page. 1262 1259 1262 one voting with majority only can second motion for, 1262 1262 motion for, once negatived, cannot be renewed, 1263 "five days rule" not applicable in executive session, 1259 of final vote on bil must be made within five legislative days, 1263 1263 necessary when instructing a conference committee to do that which the Senate has refused to do, 1263 a motion for, always in order, RESOLUTION, concurrent, from House recalling House blil on second reading out of order, two-thirds vote necessary to pass, imposing special work on a standing com. what, in order in extra session, concurrent, necessary to provide for printing of report of an investigation RULES, defeat of motion to suspend, carries with it whole proposition, 1263 1263 1263 1263 1200 1263 1264 1257 on motion to suspend, for purpose of discharging committee, merits of bill not 1257 S. SENATORS, before qualifying, cannot present papers, 1264 1264 announcing pairs and signing appeal to be counted in making up a quorum, SPECIAL SESSION, for special purpose, unanimous consent necessary to consider other 1260 for a special purpose being fixed, a two-thirds vote not necessary to 1264 SUSPENSION OF ORDERS, a single objection prevents, at special session for special pur- of twenty-six Senators in the affirmative necessary to pass a bill finally, too late to correct, on bill after other business has intervened, 1264 1264 1264 1264 1265 1264 1265 Y. YEAS AND NAYS, call of, not in order, when Senators demanding same decline to vote, 1265 1265 1264 AND MBER *DECISIONS OF THE SENATE ON POINTS OF ORDER. ADJOURNMENT. "From Day to Day" by Less than a Quorum Means from to Day as Fixed by the Orders. The Senate having fixed an order for sessions on Tuesdays and Fridays only, on a motion to adjourn, less than a quorum voting, Mr. Gordon submitted the point of order that under the Constitution it was only competent for less than a quorum to adjourn from day to day. The President decided that the phrase "from day to day" signified from day to day as fixed in the regular order of the Senate. Whereupon, the President decided the resolution carried, and adjourned the Senate until Friday morning next, at eleven o'clock. (Senate Journal, extra session, 1883, p. 157.) ADJOURNMENT, DAY OF FINAL. When it begins. After midnight of the session which began at eight P. M., June 11, the day for final adjournment having been fixed for twelve M., on June 12, report of a committee of conference was made, when Mr. Kennedy submitted the point of order that the report could not be acted upon at this time, as its consideration is prohibited by joint rule eight, which provides that "no bill, resolution, or order to which the signature of the Governor may be required, shall be passed by either House on the day of the final adjournment; and all such bills, resolutions and orders, after they have been duly transcribed and compared, shall be presented to the Governor for his signature, by the proper committee, before eight o'clock on the morning of the day of the final adjournment. Mr. Reyburn (acting President pro tempore) decided the point of order not well taken. (Senate Journal, 1885, p. 1189.) AMENDMENTS. To House Amendments, when not in Order. Not in order to amend amendments made by the House of Representatives, to amendments made by the Senate, to a bill from the House of Representatives. (Senate Journal, 1844, pp. 935-6.) 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.) To Title in Order, when Concurring in House Amendments. 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 amendments made by the House of Representatives. (Senate Journal, 1861, p. 254. See also Senate Journals, 1874, p. 692, and 1889, p. 364.) Made on Second Cannot be Stricken out on Third Reading. The Speaker decided that it was not in order to go into Committee of the Whole (the bill being on third reading) for the purpose of striking out the amendment that had been inserted on second reading. (Senate Journal, 1861, p. 547.) In Order to Strike Out on Third that which has been Inserted on Second Reading if other Matter is Included. Mr. Thompson submitted the point of order, that the motion was not in order beacuse it proposed to strike out on third reading an amendment which had been inserted on second reading, The President decided the point of order not well taken, as the proposed amendment included other matter, in addition to the proviso which had been inserted on second reading of the bill. (Senate Journal, 1891, p. 290.) Negatived on Second Reading can be Inserted in Committee of the Whole on Third Reading. The The point of order was raised, that an amendment, proposed to be inserted in Committee of the Whole, having been proposed and negatived on second reading, could not be offered. Speaker decided the point of order not well taken. (Senate Journal, 1874, p. 179.) *These decisions are published as found in the Journals of the Senate. Their correctness as rulings is left to the judgment of the reader. AMENDMENTS- Concluded. Cannot be made to Bills that will Change Original Purpose. The President pro tempore decided that the bill was so amended as to repeal the whole art of 1868, and then to extend it to the whole State, and was so altered in its passage as to be changed from its original purpose, and therefore is unconstitutional. (Senate Journal, 1879, p. 389.) Not Germane to Resolution, out of Order. The President decided it out of order to amend a resolution to print the report of the Pennsylvania State College, by adding a provision for the appointment of a committee to investigate its accounts. (Senate Journal, 1875, p. 202.) The President pro tempore (Mr. Penrose in the chair) was of the opinion that the original resolution of the Senator from Lebanon, pertained to a question of law or jurisdiction, whilst the substitute or amendment of the Senator from Bucks raised a question of fact He therefore decided the point of order raised by the Senator from Lebanon to be well taken and that the amendment of the Senator from Bucks was not germane and therefore not in order. (Senate Journal, extra session, 1891. p. 624.) Can be made to Resolution Regulating Senate Business. A resolution fixing an afternoon session for certain business pending an amendment was offered fixing a session at a different time, on which the President ruled that the purpose of both the resolution and the proposed amendment being to regulate the business of the Senate, the amendment was germane, and therefore ruled the point of order to be not well taken. Journal, 1881, p. 1014.) Senate can Reinsert Matter Stricken out in Committee of the Whole. (Senate Mr. Gordon submitted the point or order "that the motion of the Senator from Delaware (Mr. Cooper) was not in order, as it proposed to insert in the bill a provision just stricken out in the Committee of the Whole." Decided not well taken. Decision sustained by the Senate. (Senate Journal, 1883, p. 625.) To Amend Senate Bill Returned from House when in Order. Mr. Gordon submitted the point of order that, as the question before the Senate was on concurring in the amendments niade by the House of Representatives to said bill, and the amendment proposed by Mr. Hughes, not being an amendment to the amendments made by the House, the motion was not in order. The President decided the point of order well taken, and ruled the motion out of order. (Senate Journal, 1883, p. 1241.) Non-Concurred in by the House, to Recede from Affirmative Vote of Less than all the Senators Mr. Kennedy submitted the point of order, that the motion to recede from amendments made by the Senate being in effect a reconsideration of the vote by which the bill passed finally, it requires, for its adoption, a majority vote of all the Senators elected. Decided not well taken by the Senate Mr. Kennedy then submitted the point of order, that the motion before the Senate is one of virtual concurrence in the action of the House on this bill, and that, in compliance with the constitution and Rule XXVIII of the Senate, it requires a majority vote of all the Senators to so concur. Decided not well taken by the Senate. (Senate Journal, 1885, pp. 890-894.) BILLS. Consideration of, in Numerical Order. The Senate decided that when bills on first reding are 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, pp. 160-70.) Negativing First, Section of, Does not Involve Defeat of Whole Bill. The Speaker decided that the defeat of the first section of a bill did not necessarily involve 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.) Negatived by the Senate, not in Order to Introduce and Consider Similar ones During the same The President decided that it was not in order to consider a certain bill, as one containing similar provisions had been voted down at the present session of the Senate. (Senate Journal, 1878, p. 855.) Negatived by the Senate, not in Order to Consider Bill of Similar Character from the House The President decided that it is not in order to introduce into the Senate from the House of Representatives, or consider a bill which is in substance, in nature, or intent and purpose the same as a Senate bill which has been defeated in the Senate during the present session. An appeal was taken. The Senate sustained the decision. (Senate Journal, 1878, p. 834.) AND MBERS |