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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 an amendment that had been inserted on second reading. [Senate Journal, 1861, p. 547.]

The resolution relative to the abolition of slavery in the District of Columbia, being before the Senate, the Speaker decided that an amendment striking out all after the enacting clause, and inserting the words as follow, viz: "That the energies of the government should be devoted to the suppression of the existing rebellion, and to the maintenance of the Union and the Constitution, and it is inexpedient at this time for Congress to legislate upon the subject of abolishing negro servitude, either in State, Territory or the District of Columbia; and that our Senators in Congress be and they are hereby instructed, and our Representativs requested, to vote for such legislation as will best carry out the spirit and meaning of the foregoing resolution," was not in order. [Senate Journal, 1862, p. 283.]

The bill, entitled "An Act to repeal the act, approved March 7, 1861, entitled 'An Act for the commutation of tonnage duties,'" being under consideration, the Senator from Northumberland (Mr. Bound) moved to amend the first section of the bill, by striking out all after the enacting clause, and inserting in lieu thereof as follows, viz:

"That on and after the first day of July, A. D. 1862, there shall be levied upon all the tonnage of this Commonwealth, whether passing through or transported from any part of the State, two and a half cents per ton upon all the products of mines, forests and farms, and five cents per ton upon all merchandise; and the railroad, canal and slackwater navigation companies upon which such tonnage shall be first received, shall collect, for the use of the Commonwealth, all such duties as hereinbefore directed, and pay the same, quarterly, to the State Treasurer; and the revenues derived from tonnage duties shall be applied exclusively to the payment of any debt or debts now contracted, or hereafter to be contracted, by this State, for its own defence, or to sustain the National Government in prosecuting the war to maintain the unity of the Republic, until such debt or debts shall be cancelled; and so much of the act approved 16th of May, A. D. 1861, entitled 'An Act to provide for the payment of the members, officers and contingent expenses of the extra session of the Legislature,' as imposes a special tax upon the taxable property of this State, of one half mill on the dollar, be and the same is hereby repealed." On the question,

Will the Senate agree so to amend?

The Senator from Allegheny (Mr. Penney) raised a question of order, "on the ground that the amendment was inconsistent with the section, and changed its entire meaning, and that it also changed a bill from a private to a public bill, of a wholly different character."

The Speaker decided the point of order to be not well taken. From this decision an appeal was taken by Mr. Penney and Mr. Clymer. The Senate sustained the decision of the chair. [Senate Journal, 1862, p. 609.]

SAME DAY IN THE EVENING.-The question recurring on the proposed amendment of the Senator from Northumberland (Mr. Bound,)

A motion was made by Mr. Penney and Mr. Irish,

To amend the amendment, by adding to the end thereof as follows, viz: "And that so much of the act of Assembly, approved the 7th day of March, 1861, entitled 'An Act for the commutation of tonnage duties,' as releases any railroad companies in this Commonwealth from the payment of any

moneys due the Commonwealth for tonnage duties, at the time of the passage of said act, be and the same is hereby repealed."

The Senator from Franklin (Mr. M'Clure) raised a question of order, on the proposed amendment to the amendment.

The Speaker decided the point to be well taken, and ruled the amendment to the amendment to be out of order. No appeal was taken from the decision of the chair. [Senate Journal, 1862, p. 610.]

The first section of a bill, entitled "An Act to tax tonnage on transportation, and the gross receipts of certain corporations," being under consideration, a motion was made to amend the bill, by striking therefrom all after the enacting clause, and inserting the following, viz: "That the act, entitled 'An Act for the commutation of tonnage duties,' approved 7th day of March, A. D. 1861, be and the same is hereby repealed." The Speaker decided the amendment to be out of order, from which an appeal was taken. The Senate sustained the decision. [Senate Journal, 1863, p. 743.]

RULES FOR THE GOVERNMENT

OF THE

HOUSE OF REPRESENTATIVES

OF THE

COMMONWEALTH OF PENNSYLVANIA.

Taking the chair

Order and decorum.

of questions of order.

OF THE DUTIES OF THE SPEAKER.

1. He shall take the chair at the hour to which the House shall have been adjourned, and immediately call the members to order, and, on the appearance of a quorum, shall cause the Journal of the preceding day to be read, which may then be corrected by the House.

2. He shall preserve order and decorum, and in debate shall prevent personal reflections, and confine members to the question under discussion. When two or more members rise at the same time, he shall name the one entitled to the floor.

On

3. He shall decide all questions of order. An appeal from his decision shall be made by two members, or the Speaker may, in the first instance, submit the question to the House. questions of order, there shall be no debate, except on an appeal from the decision of the Speaker, or on reference of a question by him to the House, when no member shall speak more than Questions of or- once, unless by leave of the House; all decisions upon quesder to be repor- tions of order shall be noted by the Clerk, and placed at the end of the Journal of each session, with a reference to the decision as stated in the Journal.

ted.

Behaviour of members.

Appointment of
committees.

Signature of
Speaker.

Care of the Hall.

4. While the Speaker is putting a question, or addressing the House, none shall walk out of or across the House; nor in such case, or when a member is speaking, shall entertain private discourse, nor while a member is speaking, shall pass between him and the chair.

5. The Speaker shall appoint the members of standing and select committees, unless otherwise ordered by the House.

6. Acts, addresses and joint resolutions, shall be signed by the Speaker; and writs, warrants and subpœnas, issued by the House, shall be signed by him and attested by the Clerk.

7. He shall have a general direction of the Hall. He may name a member to perform the duties of the chair, but such sub

stitution shall not extend beyond an adjournment, except when Substitution. the Speaker obtains leave of absence, in which case he may depute a member as Speaker pro tempore, during such leave, which shall not exceed ten days.*

OF THE ORDER OF BUSINESS.

8. After the reading of the Journal, the order of business Order of business shall be as follows:

1st. Letters, petitions, memorials, remonstrances and accom- Of petitions, &c. panying documents, may be presented and referred.

2d. Original resolutions may be offered; items of unfinished Original resolubusiness may be referred; leave of absence, and leave to with- tions, &c. draw petitions and documents may be asked; and motions to appoint additional members of committees may be made. 3d. Reports of committees may be made.

1. From standing committees.

2. From select committees.

4th. Bills may be read in place.

5th. Bills on a third reading.

6th. Reports and resolutions may, on motion, be considered. 7th. Of bills.

1. Those in which the House has made progress, on a second reading.

2. Those reported by a committee of the whole.

3. Those in which the committee of the whole has made progress, and has leave to sit again.

4. Bills not yet considered in committee of the whole shall

be taken up.

9. Petitions and documents shall be presented only on Mondays and Thursdays. And after the eighth day of February, resolutions shall only be offered on Wednesdays and Saturdays.

Reports of committees.

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10. If a member shall have several petitions or documents to Manner of prepresent on the same day, he may present them together; pro- senting petitions vided he shall present a written list of them to the Speaker.†

11. Bills in place shall be read, and petitions and remonstrances Alphabetical or shall be presented to the House in the alphabetical order of the der. names of the several counties of the Commonwealth, as announced by the Speaker. But if all the names of the counties are not severally called, those omitted shall be first announced in alphabetical order, when said rules shall be next resumed on any subsequent day.

OF BUSINESS AND DEBATE.

12. No member shall be permitted to make a motion, or ad- Of motions, &c. dress the Speaker, unless such member shall be at his own desk.

13. When a member is about to speak in debate, or to com- Manner of admunicate any matter to the House, he shall rise, and respect- dressing the

*The Speaker can, under this rule, before the hour to which the House stands adjourned has arrived, name a member to perform the duties of the chair, with power to call the members to order, and preside over the deliberations. [See Journal, 1826-7, page 490; 1827-8, page 520.] Adopted 29th January, 1834. Adopted 13th January, 1834.

House.

House.

fully address himself to "Mr. Speaker," confining his remarks to the subject before the House, and avoiding personal reflections.

Transgression of 14. If any member, in debate, transgress the rules of the the rules of the House, the Speaker shall, or any member may, through the Speaker, call him to order; the member so called to order shall immediately sit down, unless permitted to explain; the House shall, if appealed to, decide on the case, but without debate; if there be no appeal, the decision of the Speaker shall be submitted to; and if the case require it, the member so called to order, shall be liable to the censure of the House.

Order of speaking.

Not to be interrupted.

Nor named.

Presenting petitions.

15. No member shall speak more than twice on the same question, without leave of the House.

16. No member, when speaking, shall be interrupted, except by a call to order by the Speker, or by a member through the Speaker, or by a member to explain, or by a motion for the previous question; nor shall any member be referred to by name, in debate, unless for a transgression of the rules of the House, and then by the Speaker only.

17. A member presenting a petition, or other paper, to the chair, shall state the general purport of it. The name of every Name to be en- member presenting a petition, or other paper, or making a motered on Journal. tion, shall be entered on the Journal.

Form of putting questions.

Reverse.

Division of the
House.

Motions in writing.

May be withdrawn.

Division of question.

OF MOTIONS.

18. All motions made and seconded, shall be repeated by the Speaker, who shall put the question distinctly, in the following form, viz:

"As many as are of opinion, (as the question may be,) say Aye."

And after the affirmative is expressed, "As many as are of the contrary opinion, say No."

But the Speaker, or any member, may call for a division of the House, when the Speaker shall again put the question distinctly, and in the following manner, viz:

As many as are in the affirmative, will rise; and when he has announced the number in the affirmative, he shall put the opposite side of the question:

As many as are in the negative will rise.

19. If the Speaker, or any two members require it, a motion shall be written.

It may be withdrawn by the mover and seconder, before amendment or decision, and if withdrawn, the proceeding had thereon shall be expunged from the Journal.

20. Any member may call for the division of a question, which shall be divided, if it comprehends questions, so distinct, that one being taken away, the rest may stand entire for the Motion to strike decision of the House. A motion to strike out and insert, shall out and insert in- be deemed indivisible; but a motion to strike out being lost, shall preclude neither amendment, nor a motion to strike out and insert.*

divisible.

*A motion to amend, by inserting first of January, seventeen hundred and seventy, cannot be divided to end with seventeen hundred. [Journal, 1819-20, p. 777.1

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