Journal of the House of Representatives of the Commonwealth of Massachusetts
Massachusetts. General Court. House of Representatives
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[No. 2.] RULES AND ORDERS OF TBI HOUSE OF REPRESENTATIVES. [This Bcbedale of Roles and Orders was adopted Jao. 27, 1874. Sobteqnent amead- manta are noted wider each rule which has been amended.] iifriD3B3: [The flgares refer to the numbers of the Bales.] Adjonm, motion to, 77, 78 Admission to the floor, 97 AMENDMENT: to be reported by committee on Bills in Third Beading, 27 of existing law, in order of inquiry, 38 from Senate, sent back for concurrence, 44 bill may be moved as, 49 private bill not to be moved as, 46 engrossed bill not to be amended, 61 making substantial change, 00 motions to amend, 78, 87 to 90 when previous question is ordered, 82 amendment to amendment, etc., 87 not to be admitted of a different subject, 88 when question is divided, 89 In filling blanks, largest sum, etc., 90 Striking out enacting clause, 91 of Bules and Orders, 100 Appeals from the decision of the Speaker, 2, 81, 92 Ballot, elections by, 23, 94 BILLS: 1« Preliminary, how to be written, 40 motions contemplating legislation, etc., to be in form of order of inquiry, 38, 39 )iow to be introduced, 45; introduced on leave, (bid. restriction on introduction by leave, 46 (" applications ") after the first Wednes- day in February. See Joint Hale lU again, when once rejected, 47 APPENDIX- 666 BILLS — CbrUlnued. 2. As reported by oommittee$, appropriation bills to contain certain items only, 26 restriction or regulation of reports, 29, 30, 47 reports to be made before the first Wednesday in March, 81 when to be presented to the House, 81 3. Be/ore the second reading. if opposed, question on rejection; otherwise, second reading, 41 involving expenditures, referred to committee on Finance, 42 from the Senate, 86, 54 referred to committee, etc., 43 case of Senate amendments to House bill, 44 4. B^ore the third reading. referred to committee, 48 duties of committee, 27 placed in Orders of the Day, 56 5. After the third reading, not to be engrossed unless read on three several days, 49 6. J/ter engrossment, referred to committee, 60 duties of committee, 28 not to be amended, 51 passage to be enacted, 52 notice to be given, sent to the Senate, 63 7. Provisions applicable at severed stages. arrangement of matters in Orders of the Day, 13, 58 consideration of matters in Orders of the Day, 57 matters not to be discharged from Orders of the Day, 59 amendment changing nature of a bill, 60 Clerk to retain bills and other papers, except, etc., 15 bills and papers in possession of members, 19 effect of motion to strike out enacting clause, 91 provisions respecting bills also applicable to resolves, 93 Calendar, 13, 14, 58 Clerk, 11, 12, 13, 15, 19, 47 Commit, motion to, 77, 78, 86. COMMITTEES: standing committees to be appointed, 21 to be appointed by Speaker, unless, etc., 22 case of election by ballot, 23 no member required to be on more than two, etc., 24 no member to serve where his private right, etc., 25 duty of committee on Finance, 26 Bills in the Third Reading. 27 Engrossed Bills, 28 to report adversely in certain cases, 29 notice to be given in certain cases, 30 > to make report on or before first Wednesday in March, 31 DEBATE, RULES OP, 71 to 91 Speaker may speak to points of order, etc., 2 matters to be disposed of without debate, 57, 62, 67, 81 666 APPENDIX. DEBATE, BULES OF— Continued. moUoDB to be decided without debate, 77 debate on motions to reconsider, 70 debate on motions to lay on the table, to commit or recommit, 77 motion to close debate, 78, 83, 8i See Previous Question, Doubt; when a vote is doubted, Gi, 65, 67 Electioiis by ballot, 23, M Engrossed Bills, committee on, 28, 60. See BiOb. Excuse from voting, time for application for, 68 Finance, committee on, 26, 42 Journal of the House, 4, 11, 12 not to stand up, etc., 16 not to be absent, etc., 17, 18 to leave papers with the Clerk, 19 number of, upon each standing committee, 21 flrst-named, to be chairman of committee, etc., 22 having highest number to be chairman, etc., 23 BO member required to be on more than two committees, etc., 24 no member to serve on committee where his private right, etc., 25 member presenting petition, etc., to indorse his name, etc., 35 no member to vote where his private right, etc., 61 every member to vote, except, etc., 62 member about to speak, to rise and address the Speaker, etc., 71 no member to interrupt another, etc., 73 no member to speak more than once, etc., 74 seats of members, 96 privilege of the floor, 97 See Voting, Monitors, 8, 9, 10, 64 Motions, 75 to 91 Order. See Questions of Order; Rules and Orders, ORDERS, generally, 29, 39 once rejected, not to be renewed, 47 of inquiry, 15, 38. of notice, 15 of the Day, 13, 14, 54 to 60 Pairs, recording of, 66 Petitions, 29, 34, 35 once rejected, 47 Postpone to a time certain, motion to, 78, 85. See also 39 indefinitely, motion to, 78, 91 Previous question, 78 to 82, 84. Privilege of the floor, 97 Questions of order, 2, 12, 73, 81 Beading of papers, 5, 35, 37 Recommit, motion to, 77, 78, 86 APPENDIX- ^6T Reconsideration, 68, 69, 70 Reports of committees (see Bills), 34, 54, 56 Representatives* Chamber, 98 Resolves, 93. See BiUa. Rules and Orders, 2, 9, 10, 20, 100 Seats, 96 Secret session, 95 Senate, papers from, 36, 43, 44, 45, 47, 54, 55 en£:ros»ed bills sent to, 53 SPEAKER, 1 to 6 may name a member to perform the duties of the Chair, 7 absence of, 8 to appoint monitors, 9 may direct as regards matters in calendar, 13 to appoint committees, 22 chairman of committee of the whole, 32 to call on several divisions for petitions, etc., 34 to lay before the House papers from the Senate, 36 may present papers not petitions, etc., 37 to give notice of engrossed bill sent to Senate, 53 to name member entitled to floor, 72 may direct motion to be reduced to writing, 75 may invite visitors to seats on the floor, 97 See Rules of Debate ; Voting, Strike out and insert, motion for, 89 enacting clause, 91 Suspension of Rules, 100 Table, papers on, 13 lay on, motion to, 77, 78 take from, motion to, 77 Third Reading, Bills in, committee on, 27, 48. See Bills, Undebatable matters and motions. See Debate. Unflnished business, 58 Voting, 3, 4, 61 to 67 Teas and nays, 66, 67 The Speaker. 1. The Speaker shall take the chair at the hour to which the House stands adjourned, call the members to order, and, on the appearance of a quorum, proceed to business. 2. He shall preserve decorum and order; may speak to points of order in preference to other members ; and shall decide all questions of oi'der, subject to an appeal to the House. [With regard to appeals see Rules 81 and 92.] 3. He shall declare all votes, subject to veilfication as here- inafter provided. [See Rules 63 to 67.] 668 APPENDIX. 4. In all cases be may vote. 5. He shall rise to put a question, or to address the House, but may read sitting. 6. He shall each day examine the journal of the House. 7. He may name a member to perform the duties of the chair for a period not exceeding two days at one time. 8. In case of a vacancy in the office of Speaker, or in case the Speaker or the member named by him in accordance with the preceding rule, is absent at the hour to which the House stands adjourned, the senior monitor present shall call the House to order, and shall preside until a Speaker pro tempore or a Speaker is elected by ballot ; which shall be the first busi- ness in order. Monitors. 9. Two monitors shall be appointed by the Speaker for each division of the House, whose duty it shall be to see to the due observance of the Rules and Orders, and, on request of the Speaker, to return the number of votes and members in their I'espective divisions. 10. If a member transgress any of the Rules and Orders, after being notified thereof by a monitor, it ^all be the duty of such monitor to report the case to the House. [For duty of monitor in case of the absence of the Speaker, see Rule 8. See Rule 20.] Clerk. 11. The Clerk shall keep the journal of the House. He shall enter therein a record of each day's proceedings, and sub- mit it to the Speaker before the hour fixed for the next sitting. 12. Every question of order shall be noted in the journal, and, with the decision, shall be entered at large in an appendix, which shall also contain the Rules and Orders of the House and of the two branches. 13. The Clerk shall prepare and cause to be printed each day a calendar of matters in order for consideration, followed by a brief minute of the preliminary proceedings of the pre\aous day, a list of matters lying on the table, and such other mem- oranda as the House or the Speaker may direct. 14. Anj' objection to the calendar shall be made and disposed of before the House votes to proceed to the consideration of the Orders of the Day. APPENDIX. 669 15. The Clerk shall retain bills and other papers, in refer- ence to ^'hich an}' member has a right to move a reconsideration (except petitions, enacted bills, orders of inquiry, and orders of notice) , until the right of reconsideration has expired : provided^ that the operation of this rule shall be suspended during the last week of the session. Members. 16. No member shall stand up, to the inconvenience of others, while a member is speaking ; or pass unnecessarily be- tween the Speaker of the House and the member speaking ; or stand in the passages, or in the area in front of the chair. 17. No member shall be absent more than two days without leave of the House. 18. No member shall absent himself from the House with- out leave, unless there be a quorum without his presence. 19. Papers in possession of a member obtaining leave of absence, or at the end of the session, shall be left by him with the Clerk. 20. If a member is guilty of a breach of any of the Rules and Orders, he may be required by the House, on motion, to make satisfaction therefor ; and, until he has done so, he shall not be allowed to vote or speak, except by way of excuse. [See Rule 10.] Committees. 21. At the beginning of the political year, standing com- mittees shall be appointed as follows : — a committee on the Judiciary, a committee on Probate and Chancery, a committee on Finance, (to consist of nine members each) ; a committee on Elections, a committee on County Estimates, a committee on Rules and Orders, (to consist of seven members each) ; a committee on Bills in the Third Reading, a committee on Engrossed Bills, a committee on Paj'-Roll, a committee on Leave of Absence, (to consist of three members each). [Amended Jan. 7, 1881.] 22. Unless other provision is made in an}- case, all com- mittees shall be appointed by the Speaker, and the member first named shall be chairman. 72 570 APPENDIX. 23. In case of the election of a committee by ballot, the member having the highest number of votes shall be chairman. 24. Xo member shall be required to be on more than two committees at the same time, nor chairman of more than one. 25. No member shall serve on any committee in any ques- tion where his private right is immediately concerned distinct fi*om the public interest. 26. The committee on Finance shall report, in appropriation bills, only such items of exijenditure as are authorized by law, or such as the committee has been directed by the House to insert. 27. The committee on Bills in the Third Reading shall ex- amine and correct the bills which are referred to it, for the pur- pose of avoiding repetitions and unconstitutional provisions, insuring accuracy in the text and references, and eonsisteney with the language of existing statutes: provided^ that any change in the sense or legal effect, or any material change in construction, shall be reported to the House as an amendment. [AmeDded Jan. 15, 1880.] 28. The committee on Engrossed Bills shall carefully ex- amine and compare engrossed bills, and report them rightiy and trul}' engrossed, when found to be so, without delay. 29. When the object of an application, whether by petition, order, or bill introduced on leave, can be secured without a spe- -cial act under existing laws, or without detriment to the public interests, by a general law, the committee to which the matter is referred shall report such general law, or leave to withdraw, inexpedient to legislate, or ought not to pass, as the case may be. [Amended Jan. 15, 1880.] 30. No bill or resolve affecting the rights of individuals, or of private or municipal corporations, otherwise than as it affects generally the people of the whole Commonwealth, shall be reported by a committee, unless it is made to appear to the satisfaction of the committee that notice has been given, by public advertisement or otherwise, to all parties interested, without expense to the Commonwealth ; or unless evidence satisfactorj' to the committee is produced that the parties inter- ested have in writing waived notice. [Adopted Jan. 26, 1881.] 31. On or before the first Wednesday in March, committees shall make final report upon matters referred to them prior to that day, unless further time is granted for cause. APPENDIX- 571 Committee of tJie Whole. 32. When the Hoase determines to go into a committee of the whole, the chairman shall be appointed by the Speaker. 3S. The rules of the House shall be observed in a commit- tee of the whole, so far as they may be applicable, except the rules limiting debate. A motion to rise, report progress, and ask leave to sit again, shall be always first in order, and be decided without debate. Regular Coukse of Proceedings. Petitions^ etc.^ and Reports of Committees. 34. Petitions, memorials, remonstrances, and papers of a like nature, and reports of committees, shall be presented before the House proceeds to the consideration of the Orders of the Da}', and the Speaker shall call on the several divisions for such papers. 35. The member presenting a petition, memorial, or remon- strance, shall indorse his name thereon, with a brief statement of the nature and object of the paper ; and the reading thereof shall be dispensed with, unless specially ordered. Papers from the Senate. 36. Papers from the Senate shall be laid before the House by the Speaker, and received for action conformably to such of these Rules and Orders as are applicable thereto, before the House proceeds to the consideration of the Orders of the Da}'. Papers Addressed to the House^ not Petitions. 37. Papers addressed to the House or the General Court, other than petitions, memorials, and remonstrances, or those received from the Senate, may be presented by the Speaker, or by a member in his place, and shall be read, unless it is spe- cially ordered that the reading be dispensed with. Orders of Inquiry. 38. All motions contemplating legislation, when not founded upon petition, or upon bill proposed to be introduced on leave, shall be made in the form of an order of inquiry, which shall indicate the nature of the legislation proposed ; and if reference is made to any particular law, for amendment or otherwise, the order shall specify the chapter and section, as well as the subject to which it relates. 572 APPENDIX. Postponement to the Next Day^ on Request of a Member. 39. The consideration of any order proposed for adoption, or of any request for leave to introduce a bill, shall be post- poned without question to the day after that on which the order is proposed or request made, if any member asks such post- ponement. Bills and Resolves. [See Rule 93.] 40. Bills shall be fairly written in a l^ble hand, without material erasure or interlineation, on not less than one sheet of paper, with suitable margins, and spaces between the several sections ; dates and numbers being written in words at length. Bills amending existing laws shall not provide for striking words from, or inserting words in, such laws, unless such course is best calculated to show clearly the subject and nature of the amendment. No repealed law, and no part of any repealed law, shall be re-enacted by reference merely. [Amended Jan. 15, 1880.] 41. If opposition is made to a bill before it is ordered to a second reading, the question shall be, ^^ ShaU this bill be re- jectedf " If no opposition is made, or if the question to reject is negatived, the bill shall go to its second reading without a question. 42. Bills involving an expenditure of public money shall, after their first reading, be referred to the committee on Fi- nance, for report on their relation to the finances of the Com- monwealth. 43. Bills fh)m the Senate, after their first reading, shall be referred to a committee of the House, unless they were reported to the Senate by a joint committee. 44. Amendments proposed by the Senate, and sent back to the House for concurrence, shall be referred to the commit- tee which reported the measure proposed to be amended, unless such committee is composed of members of both branches ; in which case such amendments shall be placed in the Orders of the Day for the next day. [Amended April 9, 1878.] 45. No bill shall be proposed or intixxiuced unless received fVom the Senate, reported by a committee, or moved as an amendment to the report of a committee : provided^ that the House ma3' grant special leave to a member to introduce a bill ; APPENDIX. 6TS. bnt, when leave is asked for the introdaction of a bill, it shall be read for information before the question is put on granting leave ; and, if leave is granted, it shall be committed before it is ordered to a second reading. 46. No bill affecting directly the legal rights of individuals or corporations, otherwise than as it affects generally the inter- ests of the whole people of the Commonwealth or of the cities or towns to which it specifically applies, shall be proposed or introdnced, by amendment or otherwise, except by report of a committee, upon petition duly presented and referred. Objec- tion to the violation of thie rule may be taken at any stage prior to the third reading of the bill. [AxneDded Jan. 15, 1880.] 47. When a bill, order, petition, memorial, or remonstrance has been finally rejected, no measure substantially the same shall be introduced by any committee or member during the same session. [Amended April 26, 1877.] 48. Bills in their third reading shall be referred to the com- mittee on Bills in the Third Reading for examination, correc- tion, and report. [See Bale 27.] 49. No bill shall pass to be engrossed without having been read on three several days. 50. Engrossed bills shall be referred to the committee on Engrossed Bills for examination, comparison, and report. [See Bole 28.] 51. No engrossed bill shall be amended. 52. Engrossed bills, rexKMted by the committee on En- grossed Bills to be rightly and truly engrossed, shall be put upon their passage to be enacted ; and engrossed resolves, when so reported, shall be put upon their passage without further reading, unless specially ordered. 53. No engrossed bill shall be sent to the Senate without notice thereof being given by the Speaker. Orders of the Day. 54. Bills from the Senate, after their first reading, when not referred to a committee of the House, and bills reported to the House by committees, to which no objection is made, or when the question of rejection is negatived, shall be placed in the orders for second reading on the next day. &U APPENDIX, 55. Reports of committees not by bill or resolve shall be placed in the orders of the next day after that on which they are received from the Senate or made to the House, as the case may be : provided, that the report of a committee asking to be discharged from the further consideration of a subject,, and recommending that it be referred to another committee, shall be immediately considered. [Amended Jan. 15, 1880.] 56. Bills ordei^ed to a third reading shall be placed in the orders of the next day for such reading. 57. After entering upon the consideration of the Orders of the Da}', the House shall pi-oceed with them in regular course, as follows : Matters not giving rise to a motion or debate shall first be disposed of in the order in which they stand in the cal- endar ; after which the matters that were passed over shall be considered in like order and disposed of. 58. When the House does not finish the consideration of the Orders of the Day, those which had not been acted upon shall be the orders for the next and each succeeding day until disposed^ of, and shall be entered in the calendar, without change in their oixier, to precede matters added under Rules 54, 55, and 56. The unfinished business in which the House was engaged at the time of adjournment shall have the prefer- ence in the orders of the next day, after motions to reconsider. Special Btdea Affecting the Course of Proceedings. [For postponement of Order, etc., to the next day, on request of a member, see Bule 39.] 59. No matter which has been duly .'placed in the Orders of the Day shall be dischai-ged therefrom, or considered out of the regular course. 60. If under the operation of the previous question, or otherwise, an amendment is made at the second or third read- ing of a bill, substantially changing the greater part of such bill, the question shall not be put forthwith on ordering the bill to a third reading or to be engi'ossed (as the case may be) ; but the bill as amended shall be placed in the orders of the next day after that on which the amendment is made, and shall then be open to further amendment before such question is put. In like manner, when under the operation of the previous ques- tion, or otherwise, an amendment is made in any proposition, of such a nature as to change its character, — as from a bill to an APPENDIX- 675 order, or the like, — the proposition as amended shall be placed in the orders of the next daj after that on which the amend- ment was made. Voting. 61. No tnembcr shall vote on any question where his private right is immediately' concerned distinct from the public inter- est. 62. Every member not prevented by interest, who is pres- ent in the House when the question is put, shall give his vote, unless the House, for special reasons, excuse him. Members desiring to be so excused shall make application to that effect before the division of the House or the taking of the yeas and nays is begun. Such application may be accompanied by a brief statement of reasons by the member making it, but shall be decided witliout debate. [Amended Jan. 6, 1877.] 63. When a question is put, the sense of the House shall be taken by the voices of the members, and the Speaker shall first aniK>unce the vote as it appears to him by the sound. 64. If the Speaker is unable to decide by the sound of the voices, or if his announcement made tficreupon is doubted by a member rising in his place for that pui-pose, the Speaker shall order a return by divisions of the number voting in the affirma- tive and in the negative, without further debate upon the ques- tion. [For duty of monitors in case of a division see Rule 9.] 6p. When a. return by divisions is ordered, the members for or against the question, when called on by the Speaker, shall rise in their places, and stand until tbej- are counted. 66. The sense of the House shall be taken b}' 3^eas and nays whenever required by thirty of the members present. When the 3'eas and nays are taken, the roll of the House shall be called in alphabetical order ; and no member shall be allowed to vote who waa not on the floor before the vote is declared. If before such time a member states to the House that he has paired with another member, and how each would vote upon the pending question, the fact shall be entered on the journal immediately after the record of the ye&s aod ndys, and such member shall be excused from voting. [Amended Jan. 4, 1878 ; also April 2, 1878 ; also April 1, 1879.] 67. The call for the yeas and nays shall be decided without debate. If the yeas and nays have been ordered before the 57G APPENDIX, question is put, the proceedings under Rules 63, 64, and 65 shall be omitted: if not, they may be called for, in lieu of a return by divisions, when the Speaker's announcement is doubted by a member rising in his place, and, if then ordered, the proceedings under Rules 64 and 65 shall be omitted. Reoonaideration. 68. When a vote has passed (except as provided in the next rule), it shall be in order for any member to move the reconsideration thereof on the same or the succeeding day, and such motion, if made on the same day, shall (except in the last week of the session) be placed first in the orders of the next day after that on which it is made ; but, if first moved on such succeeding day, it shall be forthwith considered: provided, however^ that a motion to reconsider a vote upon any incidental or subsidiary question shall not remove the main subject under consideration from before the House, but shall be considered at the time when it is made. 69. When a motion for reconsideration is decided, tliat decision shall not be reconsidered, and no .question shall be twice reconsidered ; nor shall any vote be reconsidered upon either of the following motions : — to adjourn, to lay on the table, to take from the table, or for the pluvious question. 70. Debate on motions to reconsider shall be limited to thirty minutes, and no member shall occupy more than five minutes. £For rule requiring the Clerk to retain papers, except, etc., until the right of reconsideration has expired, see Rule 16.] ' Rules of Debate. 71. Every member, when about to speak, shall rise and respectfully address the Speaker, shall confine himself to the question under debate, and avoid personality, and shall sit down when he has finished. No member shall speak out of his place without leave of the Speaker. 72. When two or more members rise at the same time, the Speaker shall name the member entitled to the floor, preferriug one who liscs in his place to one who does not. APPENDIX. 6T7 78. No member shall internipt another while speaking, except by rising to call to order. 74. No member shall speak more than once to the preven- tion of those who have not spoken and desire to speak on the same question, nor more than twice on the same question with- out leave of the House. Motions. 75. Ever}' motion shall be reduced to writing, if the Speaker so directs. 76. A motion need not be seconded, and ma}' be withdrawn by the mover if no objection is made. 77. A motion to adjourn shall be always first in order, and shall be decided without debate ; and on the motions to lay on the table, to take ftom the table, to commit or recommit, not exceeding ten minutes shall be allowed for debate ; and no member shall speak more than three minutes. [Amended Feb. 10, 1878, and Jan. 26, 1880.] [For application to be excused from voting, to be decided without debate, see Rule 62.] [For call for yeas and nays, to be decided without debate, see Bule 67.] [For questions of order arising after the previous question is moved, to be decided without debate, except on api)eal, see Rule 81.] 78. When a question is before the House, until it is dis- posed of the Speaker shall receive no motion that does not relate to the same, except the motion to adjourn, or some other motion that has precedence, either by express rule of the House or because it is privileged in its nature ; and he shall receive no motion relating to the same, except, — to lay on the table, See Rule 77. for the pre'vious question, See Rules 79-84. to close the debate at a specified time, See Rules 83, 84. to postpone to a time certain. See Rule 85. to commit (or recommit) , See Rules 77 and 86. to amend. See Rules 87-90. to refer to the next General Court, or to postpone indefinitely, See Rule 91. which several motions shall have precedence in the order in which they are arranged in this rule. Previous Question. 79. The previous question shall be put in the following form: ^^ Shall the main question be now put?** and all debate 73 678 APPENDIX. upon the main question shall be suspended until the previous question is decided. 80. On the previous question, not exceeding ten minutes shall be allowed for debate, and that only to give reasons why the main question should not be put; and no member shall speak more than three minutes. 81. All questions of order arising after a motion is made for the previous question shall be decided without debate, ex- cepting on appeal ; and on such appeal no member shall speak more than once without leave of the House. [See Rule 92.] 82. The adoption of the previous question shall put an end to all debate, except as provided in Rule 84, and bring the House to a direct vote upon pending amendments, if any, in their regular oixier, and then upon the main question. Motion to Close Debate at a Specified Time. 88. Debate may be closed at any time not less than thirty minutes from the adoption of a motion to that effect. On this motion, not exceeding ten minutes shall be allowed for debate; and no member shall speak more than three minutes. In case the time is extended by unanimous consent, the same rule shall apply at the end of the extended time as at the time originally fixed. [Amended Jan. 8, 1877, and Jan. 15, 1880. See the next Bole.] When Debate is Closed^ Ten MintUes Allowed^ etc, 84. When debate is closed by ordering the previous ques- tion, or by a vote to close debate at a specified time, the mem- ber in charge of the measure under consideration shall be allowed to speak ten minutes, and may grant to any other mem- ber any portion of his time. When the measure under consid- eration has been referred to the committee on Finance, under House Rule 42, the member originally reporting it shall be con- sidered in charge, except where the report of the committee on Finance is substantially different from that referred to them ; in which case the member originally reporting the measure, and the member of the Finance committee reporting thereon, shall each be allowed to speak five minutes, the latter to have the close. [Amended Marcli 28, 1877.] APPENDIX. 679 Motion to Postpone to a Time Certain^ 85. When a motion is made to postpone to a time certain, and different times are pro[X)sed, the question shall first be taken on the most remote time ; and the time shall be deter- mined before the question is put on postponement, which may then be rejected if the House see fit. Motion to Commit. 86. When a motion is made to commit, and different com- mittees are proposed, the question shall be taken in the follow- ing order : — a standing committee of the House, a select committee of the House, a joint standing committee, a joint select committee ; and a subject may be recommitted to the same committee, or to another committee, at the pleasure of the House. Motions to Amend. 87. A motion to amend an amendment may be received; but no amendment in the third degree shall be allowed. 88. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. 89. A question containing two or more propositions capable of divison shall be divided whenever desired by any member. When a motion to strike out and insert is thus divided, the failure of the motion to strike out shall not preclude amend- ment ; or, if the motion to strike out prevails, the matter pro- posed to be inserted shall be open to amendment before the question is taken on inserting it. 90. In filling blanks, the largest sum and longest time shall be put first. Equivalent for Motion to Postpone Indefinitely, 91. A motion to strike out the enacting clause of a bill shall be equivalent to a motion to postpone indefinitely. Appeal. 92. No appeal from the decision of the Speaker shall be entertained, unless it is seconded ; and no other business shall 580 APPENDIX. be in order until the question on the appeal has been disposed of. [See Bule 81.] Resolves. 93. Such of these Rules and Orders as are applicable to bills, whether of the House or of the Senate, shall apply like- wise to such resolves as require the concurrence of the Senate, and approval by the Governor, in order to become laws, and have force as such. Except in Rule 52, the word '* bill " shall be equivalent to the word " resolve " in the same place. Elections by Ballot. 94. A time shall be assigned for elections by ballot, at least one day previous thereto. Secret Session. 95. All proceedings in secret session, and matters relating thereto, shall be kept secret until the House removes the injunction of secrecy. Seats. 96. (1.) The desk on the right of the Speaker shall be assigned to the use of the Clerk and such persons as he may employ to assist him, and that on the left, to the use of the Chairmen of the committees on Bills in the Third Reading and on Engrossed Bills. (2.) The senior member of the Hous'e, and the oldest mem- ber of the House who is not the senior member, shall be allowed to select their seats, from those not otherwise assigned, before the drawing of seats by the members. [Amended Jan. 7, 1878.] (3.) The seat numbered 34 in the first division shall be assigned to the use of the Chairman of the committee on the Judiciary; that numbered 15 in the sixth division, to the use of the Chairman of the committee on Finance ; that numbered 52 in the first division, to the use of the Chairman of the com- mittee on Probate and Chancery ; and that numbered 39 in the sixth division, to the use of the Chairman of the committee on Railroads on the part of the House. Amended Jan. 7, 1878 ; also Jan. 6, 1882.] , APPENDIX. 681 (4.) The following seats shall be assigned to the use of the monitors : — Those numbered 8 and 1 1 in the first division ; 100 and 104 in the second division; 96 and 99 in the third division ; 92 and 95 in the fourth division ; 87 and 81 in the fifth division ; and 4 and 7 in the sixth division. [Amended Jan. G, 1882 ] (5.) The first business in order, after the appointment of standing committees and monitors is announced by the Speaker, shall be the drawing of the other seats upon the fioor of the House. (6.) The Clerk shall call the roll of the members in alpha- betical oi-der, omitting the names of the Speaker, the senior member, the oldest member, the chairmen of committees here- inbefore mentioned, and the monitors ; and the drawing shall be had in presence of the House, under the supervision of a committee of three selected from the members mentioned in this paragraph. (7.) The seat assigned to any member, or drawn by him^ shall be his seat for the year, unless an exchange is made, and notice thereof given to the Sergeant-at-Anns, within five days from the da}- of the drawing. Privilege op the Floob. 97. (1.) Every member shall have the privilege of intro- ducing upon the fioor of the House, to occupy (for that day) any seat then vacant not belonging to a member, or belonging to a member who is absent, not more than one person at the same time, such person not having au}- private interest in any measure before the Legislature distinct from the public interest : provided that in any case, when, by the exercise of this privi- lege on the part of some of the members, the vacant seats have been filled, and the Speaker so announces, the further exercise of the privilege shall be suspended for that da}-, or until one or more of the seats thus filled are vacated. (2.) The Speaker may also invite visitors not inhabitants of this Commonwealth, without limit of number, to seats (not numbered) upon the fioor of the House. 682 APPENDIX. (3.) Contestants for seats in the House, whose papers are in the hands of the committee on Elections, may be admitted, while their cases are pending, to seats to be assigned by the Speaker. (4.) Senators, and the principal officers^ in the executire and judicial departments of the civil government of the Com- monwealth, the Chaplains of both Houses, and the Clerk of the Senate, shall be admitted to the floor whenever they may have occasion to visit the House, and may occupy any of the seats not numbered which they ma}' find vacant, or any seats which may be assigned by the Speaker for their use for the time being. Representattves' Chamber. 98. Use of the Representatives' Chamber shall not be granted, except by a vote of four-fifths of the members present. Parliakentart Practice. 99. The rules of parliamentary practice shall govern the House in all cases to which they are applicable, and in which they are not inconsistent with these Rules and Orders, or the Joint Rules and Orders of the two branches. StJSPEKsioN, Amendment, and Repeal. 100. Nothing in these Rules and Orders shall be dispensed with, altered, or repealed, unless two- thirds of the members present consent thereto; but this rule, and Rules 39, 48, and 98, shall not be suspended, unless by unanimous consent of the members present* [Blanks for orders, biUs, reports, petitions, and indorsement of peti- tions, niay be had on application to the Clerk, or at the document-room; and members are respectfully requested to use the same in the prepara- tion of papers.] 1 See ll«t in the Blue Book. APPENDIX. 688 [No. 3.] JOINT RULES AND ORDERS or THX TWO BRANCHES. iisriDEx:. [This schedule of Rules and Ordera was adopted Jan. 26, 1881.] RuLB 1. List of joint standing committees. -^Ko member of either branch to act as counsel before any committee. RuLR 2. Joint committees, how they may report.— Reports on sub- jects referred to them from standing committees of either branch to be made in the house where such reference is made. RcLB 3. Reports of joint committees may be recommitted by eithet branch, except, etc. — All reports, after recommitment, to be made to the branch which ordered the same. Rule 4. How bills and resolves shall be written. RuLB 5. "Leave to withdraw'* or "inexpedient to legislate" to be reported on applications for legislation which can be secured under exist- ing laws; or a general law to be reported on a special application, when not incompatible with public interest. RuLB 6. Concerning reports on petitions, notice of the presentation of which has not been given. Rvut 7. Concerning the printing, binding, and distribution of docu- ments. RuLB 8. Limit of time allowed for reports of committees. RuLB 9. Committees of conference. Rule 10, Bills and resolves affecting rights of individuals or corpora- tions not to be introduced, except upon petition. RuLB 11. New business to be referred to next General Court after first Wednesday of February. Rule 12. Amendment to reports of joint committees to be indorsed thereon. Rule 13. Papers on their passage between the two branches to be under signature of the Clerks, except, etc. ^ Messages from one branch to the other. RuLB 14. Engrossed bills, and bills ordered to be engrossed. Rule 15. When petitions, memorials, bills, resolves, or orders originat- ing in one branch are adversely acted on in the other, notice to be sent, etc. 584 APPENDIX. Bulb 16. Certificate on enacted bills as to the branch in which they orignated. — Clerk of Senate to send enacted bills to Governor, etc. Bulb 17. Besolves and other papers to be approved by Governor, to be treated like bills. Bulk 18. Besolves proposing amendments to constitation to have three readings. — Yeas and na^'S to be called on agreeing to same. Bulk 19. President of the Senate to preside in joint conventions. — Conventions to be held in the Bepresentatives' Chamber. — Clerk of the Senate to be clerk of conventions. BuLE 20. An agreeement to go into a convention not to be altered or annulled, unless, etc. Bulb 21. Bestriction as to business of conventions. Bulb 22* Elections by joint ballot, time to be assigned therefor. Bulb 23. Convention for election of Senator under Act of Congress, rule governing, etc. Committees. Rule 1. The following joint standing committees shall be appointed at the commencement of the January session : viz, — a committee on Agriculture, a committee on Banks and Banking, a committee on Cities, a committee on Claims, a committee on Education, a committee on Election Laws^ a committee on Expenditures, a committee on Federal Relations, a conmiittee on the Fisheries, a committee on Harbors and Public Lands, a committee on Insurancie, a committee on Labor, a committee on the Library, a committee on Manufactures, a committee on Mercantile Affairs, a committee on Militar}- Affairs, a committee on Parishes and Religious Societies, a committee on Printing, a committee on Prisons, a committee on Public Health, a committee on Public Charitable Institutions, a committee on Railroads, a committee on Roads and Bridges, a committee on the State House, a committee on Street Railways, a committee on Taxation, a committee on Towns. APPENDIX. 685 And each of said committees shall consist of three on the pcirt of the Senate and eight on the part of tlie House, except the committee on Railroads, which shall consist of four members on the part of the Senate and eleven on the part of the House ; and except, also, the committee on Expenditures, which shall consist of the committee on the Treasury of the Senate and the committee on Finance of the House. No member of either branch shall act as counsel for any party before any committee of the Legislature. [Amended Jan. 6, 1882.] Rule 2. Joint committees may report by bill, resolve, ov otherwise, to either branch, at their discretion, having reference to an equal distribution of business between the two branches ^ except that money-bills shall be reported to the House, and except that when a report is made from any committee to either branch, and the subject-matter thereof is subsequently referred therein to a joint committee, such committee shall report its- action to the branch in which the original report was made. [See also next rule.] Rule 3. Reports of joint committees may be recommitted to the same committees, at the pleasure of the branch first act- ing thereon, and bills or resolves may be recommitted in either branch. A concurrent vote shall, however, be necessary for the recommitment of such reports, bills, or resolves, with in^ structions. After recommitment, report shall, in all cases, be made to the branch originating the recommitment. Rule 4. Bills and resolves reported by joint committees shall be fairly written in a legible hand, without material era^ sure or interlineation, on not less than one sheet of paper, with suitable margins, and spaces between the several sections ; dates and numbers being written in words at letigth. Rule 5. Whenever, upon any application for an act of in- corporation or other special legislation, the purpose for which such legislation is sought can be secured without detriment to the public interests by a general law or under existing laws, the committee to which the matter is referred shall report such gen-- eral law, or ''leave to withdraw," or "inexpedient to legis- late." Notice to Parties Interested. Rule 6. No bill or resolve affecting the rights of individu- als, or of private or municipal corporationB^ or of the Com- 74 586 APPENDIX. motiwealth, otherwise than it affects generally the people of the whole Commonwealth, shall be reported bj a committee, unless it is made to appear to the satisfaction of the committee that notice has been given, by public advertisement or otherwise, to all parties interested, without expense to the Commonwealth ; or unless evidence satisfactory to the committee is produced that the parties interested have in writing waived notice. Printing and Distribution of Documents. Rule 7. The committee on Printing may make regulations for the distribution of all documents printed or assigned for the use of the Legislature, not otherwise disposed of; such regula- tions to be reported to, and subject to the order of, the two branches. Under the general order to print a report, bill, or other docu- ment, the number printed shall be nine hundred. Leave to report in print shall not be construed to authorize the printing of extended reports of evidence. 