CONSTITUTION-Concluded. Bill Regulating Duties of Judges, Constitutional. The point of order was raised that a: "House bill entitled 'an act to permit the judges of the several courts of common pleas in all counties in which there are two or more such courts, at the request of any of the other courts of common pleas in the same county, to perform judicial duties in the other courts,' is unconstitutional, because contrary to article five, section six, of the Constitution, which says: In Philadelphia all suits shall be instituted in the said courts of common pleas without designating the number of said court, and the several courts shall distribute and apportion the business among them in such manner as shall be provided by rules of court, and each court, to which any such suit shall be assigned, shall have exclusive jurisdiction thereof, subject to change of venue, as shall be provided by law. In Allegheny each court shall have exclusive jurisdiction of all proceedings at law and in equity, commencing therein, subject to change of venue as may be provided by law." Decided not well taken. (Journal H. R., 1885, p. 111.) Legal Classification of Cities, Necessary to Legislate for under provision of, The point of order was submitted that the present amendment to the amendment proposes to legislate for all the cities and towns of this Commonwealth upon the basis of population, without first being classified as required by the Constitution, in order to make it general, in place of special legislation. Point sustained by the House. (Journal H. R., 1885, p. 757.) Legislature has no power of referendum except on amendments to, On a motion that amendments offered to a Senate Bill, be laid upon the table: That the amendments offered to the bill are unconstitutional because the Constitution of Pennsylvania provides no way which special acts can be referred to the people of special districts for referendum. The only power which this Legislature has in the referendum is on amendments to the Constitution. The Speaker sustained the point of order, that the amendments are not constitutional. Legislature has no power to delegate a matter of this kind. An appeal was taken from the decision of the Chair. The The ruling of the Speaker was sustained. (Legislative Journal, June 4, 1919, pp. 2522, 2323, 2524 and 2525; Journal H. R., p. 2716.) Delegating Legislative Powers to people is in violation of. On the question on going into the Committee of the Whole for the purpose of special amendment, The point of order was raised, That the special amendment is unconstitutional for the reason that it proposes to delegate legislative powers to the people. The Speaker Pro Tempore decided the point of order well taken. 1, 1903, p. 2652; Journal H. R., p. 1608.) Right of jury trial not limited by Bill, therefore not in violation of, A House Bill was being considered on final passage, The point of order was raised, (Legislative Record, April That this bill is unconstitutional because it puts limitations upon the right of trials by jury. The Speaker submitt d the point of order to the House. The House did not sustain the point of order. (Legislative Journal, April 27, 1915, pp. 2223 and 2224.) Payment of Expenses Incurred by Members for Extra Services, not Unconstitutional. On the question whether the section of a bill to provide for the ordinary expenses of executive, legislative and judicial departments of the Commonwealth, et cetera, is unconstitutional, the Speaker decided the point of order not well taken, the section not providing compensation, but only making an appropriation for the expanses of the commission, which had been directed to act by prior provisions of law. (Journal H. R., 1879, p. 743.) Pensioning Individuals for Military Service, not Unconstitutional. On the question whether a bill granting an annuity and a gratuity to James Osterhout, of Susquehanna county, late a member of Company F., One Hundred and Forty-first regiment Pennsylvania volunteers, is in violation of section eighteen, of article three, of Constitutica. the Speaker decided that in absence of a general law upon the subject, it was proper for the Legislature to pass acts pensioning any person who has served in the military service, and in this case the proof of military service is furnished. (Journal H. R., 1879, p. 733.) Providing for Centennial Buildings, Constitutional. The point of order was raised that under section eighteen, article three, of the Constitution, a bill to provide for a permanent centennial exposition building is unconstitutional The Speaker decided the point of order not well taken. The House sustained the decision. (Journal H. R., 1874, p. 556.) Motion to strike bills from calendar not Unconstitutional. A motion was offered to have twenty-one bills stricken from the calendar. The point of order was raised, That this motion is out of order and unconstitutional because it includes twenty-one different subjects. The Speaker decided the point of order not well taken. (Legislative Journal, June 7, 1917, P 3277.) CONTESTED ELECTION. What Regarded as a Certificate of Election by the House, in Case of, On a resolution which recited that "It appears from the certified copy of the record of the court of common pleas, of Westmoreland county, duly transmitted to this House in accordance with the Act of 1874, that W. N. Porter and A. D. Hunter were duly elected members of the House of Representatives instead of Eli Waugaman and W. R. Barnhart, who, on the face of the returns, appeared to be elected, and resolved that the said W. N. Porter and A D. Hunter be sworn in as members of the House in conformity with the decision of the court, and that their names be placed on the roll of members."' During the debate on the resolution a number of points of order were submitted to the effect that the resolution could not at that time be considered, as the court record was not a certificate of election, et cetera. The Speaker decided the points of order not well taken, for the reason that the record presented is regarded as a certificate of election under the Act of 1874, and under the decision of the court the contestants, in whose favor the decision has been made, are prima facie entitled to their seats. (Journal H. R., 1893, p. 666, and Legislative Record, 1893, p. 855.) The Sitting Member is Entitled to Vote During Contest. A resolution having been offered that neither the contestant or respondent in the contested election case of Higby vs. Andrews be entitled to vote until a decision is reached by the House as to which is the member elected and qualified, to the end that legislation may not be imperiled thereby. The point of order was raised that the resolution was res judicata' and would invalidate the whole proceedings of the organization of the House." The Speaker decided the point of order well taken for the reason that the right of a member to be called and cast a vote was a Constitutional right, which he could not be deprived of except for actions in violation of the Constitution or laws of this Commonwealth. (Journal H. R., 1893, p. 397.) When Not Divisible. DIVISIBLE QUESTIONS. The Speaker decided that a question, although embracing different propositions, could not be divided after these propositions had been amended and acted upon separately and independently, and the question thus blending them together, was presented for the final action of the House. The House sustained the decision. (Journal H. R., 1853, pp. 655, 656, 657.) Division of, if Divisible, Call for in Order Before or After Main Question is Ordered. The point of order was raised that a call for a division of the question is not in order, if not made before the previous question was moved by the proper number of members, as required by rule. The Speaker decided the point of order to be not well taken, as any member may call for a division of a question before or after the main question is ordered, which shall be divided, if it comprehend propositions in substance so distinct that one being taken away a substantial proposition shall remain for the decision of the House. (Journal H. R., 1881, p. 902.) . Adopting a report from the Committee on Rules, not divisible. On the question of adopting a report from the Committee on Rules, a division of the question was called for. The point of order was raised, That this being a report from the Committee on Rules, the question cannot be divided. The Speaker decided the point of order well taken. (Legislative Record, April 7, 1909, p. 2967.) JOURNAL. One objection prevents dispensing with the reading of. An objection was made to dispensing with further reading of the Journal of the previous day's session. The point of order was raised, That one objection will compel the reading of the Journal under the Rules of the House. The Speaker decided the point of order well taken. (Legislative Record, February 13, 1906, p. 573; Journal, H. R., p. 240.) LAYING ON THE TABLE. Of Motion to Refer does not Carry Bill with it. The Speaker decided that the laying on the table of the motion to refer the amendments and the bill to committee, does not carry the bill or amendment with it. (Journal H. R., 1891, p. 1385.) To Consider Resolution placed on the table Motion must be made to take it from the Table. The point of order was raised that inasmuch as the resolution was placed on the table by a vote of the House, that a motion to now proceed to its consideration is not in order for the reason that a motion must first be made to take it from the table." Decided well taken. (Journal H. R., 1893, p. 977.) Motion to Lay on the Table is not debatable. A motion offered to lay a resolution on the table was being debated. The point of order was raised, That a motion to lay on the table is not debatable. The Speaker decided the point of order well taken. (Legislative Record, February 11, 1907, p. 516.) AND MEMBER. Expulsion of, in order to Reconsider vote for. The Speaker submitted to the House for decision: Whether a motion to reconsider the vote given for the expulsion of a member by the Constitutional majority, and his seat declared vacant, is in order? The house decided in the affirmative. (Journal H. R., 1840, pp. 859-61.) Under arrest for contempt of the House, nothing in order until Purged. The Speaker decided that when a member of the House was under arrest for contempt, nothing was in order until the contempt was purged, or the matter otherwise disposed of by the House. The House sustained the decision. (Journal H. R., 1875, p. 177.) Not Permitted to make Personal reflection during debate. During debate on Senate Bill, The point of order was raised, That the gentleman is impunging the motives of another member of the House, without any evidence, and furthermore, he is saying that which is to be the derogation of a member's private character, and he should therefore be stopped. The Speaker decided the point of order is well taken, and directed the gentleman to confine his remarks to the issue. (Legislative Journal, April 27, 1921, p. 3118.) Of Previous Session not to be Called by Nams by Committee in Report. The Speaker decided that it is not in order for a committee, in a report, when referring to a report made at a previous session of the Legislature by a member of this House, to call said member by name. The House sustained the decision. (Journal H. R., 1843, p. 594.) Not permitted to Speak more than twice on same Subject without Consent of the House. A House Bill was being debated on second reading, The point of order was raised, That the gentleman has spoken twice on this subject. The Speaker decided the point of order well taken, stating that under the rules the gentlemat cannot proceed without the consent of the House. (Legislative Record, April 2, 1907, p. 2014.) Privileged to Speak only when at his seat. A House Bill was on final passage. The point of order was raised, That the gentleman is not privileged to speak from the place he now occupies. The Speaker decided the point of order well taken and directed the gentleman to take his proper place in the House. (Legislative Journal, May 20, 1919, pp. 2145 and 2146.) Can Vote on Bills in which Personally Interested, if that Fact is not Disclosed. That under section thirty-three, article three, of the Constitution, no member should vote on bills in which they are interested in its passage, inasmuch as it is the only way they can secure extra pay, and have no right to vote. The Speaker decided the point of order to be not well taken, as under section thirty-three the fact of interest has not been disclosed. H. R., 1881, p. 1180.) (Journal ORDER OF BUSINESS. Special, Takes Precedence until Disposed of. The Speaker decided that the House having, by a vote of two-thirds, determined that it would, at a certain specified hour, upon a particular day, proceed to the consideration of a certain question, and the time having arrived, the House must proceed to its consideration, and any other business before the House stands postponed until the question is disposed of by the House, either by adoption, rejection or postponement. (Journal H. R., 1861, p. 131.) Objections to, Must be made before Decision is given to Proceed with. The Chair decided that after an agreement to proceed with certain orders had been partially carried out, it was too late to make objections. The House sustained the decision. (Journal H. R., 1868, pp. 906, 907.) An Amendment Fixing a Special Order to Resolution Providing General, not Germane. The Committee on Rules having offered a resolution fixing the order of business for each day, and an amendment being offered making a certain bill a special order at fixed hours of Monday and Tuesday, the point of order was submitted that the amendment was not germane to the original resolution. The Speaker decided the point of order to be well taken. H. R., 1895, p. 2304.) (Journal Bill under Consideration at Time of Last Adjournment, no Quorum being Present not the First Order at the next Session. The point of order was submitted, that when the House adjourned Friday last it had under consideration a Senate Bill and there being no quorum present, that said bill should be the first order of business for this evening. The Speaker decided the point of order to be not well taken. as he had exhausted all available means of procuring a quorum and was, therefore, compelled to adjourn the House and that said bill would come up in its order with Senate bills on second reading. (Journal H. R., 1895, p. 2295.) ORDERS OF THE DAY. Suspension of, at Morning Session, Works Suspension of the Succeeding Session of the Day if The House decided that a motion to suspend the orders of the day, when acted upon in the morning of the day, would control the proceedings of the succeeding sessions of the day, if such sessions were fixed prior thereto. (Journal H. R., 1859, p. 346.) Call for, must be at the exact time fixed for. During the consideration of a House Bill on second reading, The orders of the day were called for at 10:05 o'clock. The Speaker ruled that had the gentleman called for the orders of the day at ten o'clock, the call would have been recognized but inasmuch as the House went on doing business after that hour it certainly gave unanimous consent to continue in session until a motion to adjourn is put. (Legislative Record, February 5, 1906, p. 317; Journal H. R., p. 165.) Must be called for at the Exact Moment for which they are Fixed. The House was proceeding to the consideration of bills on second reading, A member stated that the hour of one o'clock having arrived, I now call for the orders of the day. The Speaker ruled that the crders of the day must be made on the exact moment. It is now after one o'clock and the House has waived the orders of the day. (Legislative Journal, April 3, 1913, p. 1475.) (See also Legislative Journal June 4, 1913, p. 3926; Legislative Record Jan. 21, 1907, p. 204.) Must be called for at the Exact Time for which they are Fixed. The question of agreeing to a motion to suspend Rule No. 43 of the House for the specific purpose of consideration on third reading of Senate Bill No. 1033, was being put. A member stated that the hour of ten o'clock having arrived, I call for the orders of the day. The Speaker ruled that the time for the orders of the day having passed, the call is out of order. (Legislative Journal, June 25, 1917, p. 4129.) POINT OF ORDER. Question for Speaker to decide and not the House unless submitted to it. On the question of adopting a resolution, declaring subjects not enumerated in the Governor's proclamation out of order, The point of order was raised, That the resolution is not in order because under parliamentary rules a point of order is a question for the Speaker and not for the House unless submitted to the House. The Speaker ruled the point of order well taken. (Legislative Record, January 22, 1906, p. 60; Journal H. R., p. 36.) Members may state Reasons for Raising. A point of order having been raised that amendments to a bill were unconstitutional and was being debated when, Another point of order was raised, That the gentleman is debating the point of order which he has raised and therefore is out of order until the Chair has given his decision. The Speaker decided the point of order not well taken as a gentleman has a right to give his reasons for raising a point of order and refer to authorities. (Legislative Journal, February 13, 1917, p. 202.) POSTPONEMENT. Motion to Postpone is not Debatable. On a motion to postpone a House Bill, The point of order was raised, That a motion to postpone for the present is not debatable. The Speaker decided the point of order well taken. (Legislative Record, March 12, 1907, p. 1232.) (See also Legislative Journal April 5, 1911, p. 1195.) Bill properly on regular calendar and not on calendar of postponed bills when re-reported by A Senate Bill was on second reading, That when this bill was recommitted to committee it was on the postponed calendar, it should therefore go on the postponed calendar when re-reported from committee. The Speaker decided the point of order not well taken as the vote of the House to recommit took the bill from the postponed calendar and when re-reported from committee would properly be placed on the regular calendar. (Legislative Record, April 4, 1905, p. 2349; Journal H. R., p. 1494.) Bill not on Calendar, Motion for is not in Order. On a motion to postpone a House Bill, The point of order was raised, That the bill is not on the calendar therefore it cannot be postponed. The Speaker decided the point of order well taken. (Legislative Record, April 4, 1905, p. 2291.) Motion to, Precludes Commitment. An amendment to recommit was offered to a motion for indefinite postponement of a House Bill. That a motion to recommit has preference over a motion for postponement. The Speaker decided the point of order not well taken. The Rule of the House provides that motion to postpone shall preclude a motion for commitment. (Legislative Record, April 11, 1907, p. 2516.) (See also Legislative Journal, June 11, 1913, p. 4216.) a AND EMBERS POSTPONEMENT-Concluded. Bills on postponed Calendar must be called up under their regular Order of Business. A request was made to call up from the postponed calendar a House Bill. The point of order was raised, That the order of business is bills on first reading, therefore consideration of this bill is out of order. The Speaker decided the point of order well taken. 1843.) (Legislative Record, March 29, 1909, p. PREVIOUS QUESTION. Call for, in Order During Pendency of an Appeal. The Speaker decided that a call for the previous question is in order during the pendency of an appeal from the decision of the Speaker. The House sustained the decision. (Journal H. R., 1840, pp. 946-8.) Call for, While Member is Addressing the House, in Order. The Speaker decided that the previous question could be called while a member was addressing the House. (Journal H. R., 185, p. 347; also p. 539.) When Exhausted. The point of order was raised that the previous question having been ordered, no further amendments are in order to the bill, and the previous question is not exhausted until the bill is gone through with. The Speaker decided the point of order to be not well taken, for the following reasons, viz: The previous question having been called on an amendment to the third section of the bill, and the main question ordered to be put, the previous question exhausted itself on the amendment and sections, and amendments to subsequent sections are in order. H. R., 1881, p. 1414.) (Journal Main question precludes all other questions When Previous Question is called and sustained. The Speaker decided that the previous question being called, pending a motion to postpone Indefinitely, the main question would be on the motion to postpone indefinitely. The House reversed the decision. (Journal H. R., 1857, p. 493.) A motion having been made to postpone consideration of the Governor's veto message for the present, and the previous question being called, the point of order was raised, "that the call for the previous question cut off all motions, and that the main question to be considered is the communication from the Governor." The Speaker decided the point well taken. (Journal H. R., 1893, p. 532.) When Moved on Third Reading of a Bill, the Final Passage of Same is a Part of the Main Question. The bill being on third reading and a motion made to go into Committee of the Whole for special amendment, the previous question was moved. Upon the bill being agreed to on third reading, the point of order was submitted that the previous question had been exhausted on agreeing to the bill on third reading. The Speaker decided the point of order to be not well taken. and that the main question was on agreeing to the bill on third reading and final passage. (Journal H. R., 1895, p. 2013.) Cuts off Motion to go into Committee of the Whole. The point of order was raised that as a motion had been made to go into committee of the whole for special amendment that said motion took precedence over a motion for the previous question which had been previously offered. Decided not well taken. (Legislative R cord, 1901, p. 581.) QUORUM. When the Question of a, can be raised. The House had convened for its afternoon session, The point of order was raised, That there is not a quorum present in the House. The Speaker ruled that a point of order of no quorum cannot be raised except upon some measure pending before the body upon which a quorum does not vote. (Legislative Record, April 3, 1907, p. 2094; Journal H. R., p. 1413.) RECONSIDERATION. Of a Bill, Adoption of a Resolution to Proceed to, at Certain Time in Order. The Speaker decided that the House having, on yesterday, adopted a resolution by a vote of two-thirds, that it would proceed to the reconsideration of a certain bill when it met the next morning, the bill is therefore in order. The House sustained the decision. (Journal H. R.. 1840., pp. 946-50.) Of Bills Twice Negatived, a Motion for, not Again in Order. The Speaker pro tempore decided that a bill having been negatived then reconsidered, and again negatived, a motion to again reconsider is out of order. (Journal H. R., 1878, p. 611.) The point of order was raised that the bill having been once defeated, reconsidered and again defeated could not be reconsidered the second time. The Speaker decided the point of order well taken. (Journal H. R.. 1891, p. 1033.) |