prosecutions before inferior courts. The same rules of evidence, the same legal notions of crimes and punishments, prevail; for impeachments are not framed to alter the law, but to carry it into more effectual execution against two powerful delinquents. The judgment, therefore, is to be such as is warranted by legal principles or precedents. 6 Sta. Tr., 14; 2 Woodd., 611. The chancellor gives judgment in misdemeanors; the lord high steward formerly in cases of life and death. Seld. Jud., 180. But now the steward is deemed not necessary. Fost., 144; 2 Woodd., 613. In misdemeanors the greatest corporal punishment hath been imprisonment. Seld. Jud., 184. The King's assent is necessary in capital judgments (2 Woodd., 614, contra), but not in misdemeanors. Seld. Jud., 136. Continuance. An impeachment is not discontinued by the dissolution of Parliament, but may be resumed by the new Parliament. T. Ray., 383; 4 Com. Journ., 23 Dcc., 1790; Lords' Journ., May 15, 1791; 2 Woodd., 618.

CUSTOMS, PRECEDENTS, FORMS AND

RULES

FOR THE USE AND GOVERNMENT OF THE WIS-
CONSIN SENATE AND ASSEMBLY.

REPORT OF THE COMMITTEE AUTHORIZED BY JOINT RESOLUTION No. 62, S.,
SESSION OF 1895.

(Adopted by the Legislature of 1899.)

CUSTOMS, PRECEDENTS AND FORMS.

ORGANIZATION.

The Legislature convenes at 12 o'clock M., on the second Wednesday of January in every odd numbered year.

Custom, so prevalent and so ancient as to have the force of law, has made it the duty of the Chief Clerk of the previous Assembly to call to order, and to conduct the proceedings generally, until a Speaker is chosen.

In the Senate the Lieutenant Governor calls the Senators to order, the Chief Clerk of the previous session acting in that capacity until his successor is chosen. The oath of oflice is usually administered to the newly elected Senators by the Lieutenant Governor, who also administers the oath of office to the Chief Clerk and Sergeant-at-Arms. Immediately after the Senators take the oath of office the election of President pro tem., Chief Clerk and Sergeant-at-Arms is prɔceeded with in the order named.

The Secretary of State furnishes to the Clerk a certified statement of the names of the members elect, which is read. The members then advance to the Clerk's desk, and subscribe to the oath of office.

The election of President pro tem. of the Senate, Speaker of the Assembly, Clerk and Sergeant at-Arms of both the respective Iouses is required to be viva

voce.

After the organization each House informs the other House that it is organized and ready to proceed to business.

A joint committee of both Houses is then appointed to convey a like message to the Governor, and inform him that the Houses are in readiness to receive any communication from him he may desire to make.

At the first opportunity after hearing the message read, the various recommendations therein contained, are referred by resolution to appropriate standing committees or select committees.

Drawing of Seats.

The drawing of scats by, lot has been observed since the Assembly first took possession of the new Assembly Chamber,

The method heretofore pursued is as follows:

The members leave their seats, and take places in the open area behind their seats. The Clerk hav ng placed in a box, slips of paper containing the names of the members respectively, a page or messenger draws them therefrom. The Clerk announces each name as it is drawn, and the member named selects his seat, and occupies it until the drawing is completed. In the Senate the seats are usually placed in such manner as will be most agreeable to the senators.

Duties of Officers.

PRESIDENT AND SPEAKER.-The duties of these officers are generally defined in the rules.

CHIEF CLERKS.-The rules set forth the duties of these officers. They have the care and custody of all the papers and records, and arrange its proper order from day to day, after its inception, all the business of the two Houses. They must, in order to have a proper knowledge of the affairs of their departments, apportion, systematize and personally supervise the labor of all their subordinates, and, when not called therefrom by more important duties, should officiate in person at the reading desk. The duties of their subordinates are properly their duties, as all are performed under their direction, and they are responsible for any deficiencies. It is their duty to prepare and furnish to the public printer, an accurate record of each day's proceedings and a copy of every bill, report and other thing ordered to be printed "on the same day such orders are made;" to keep the pay accounts of employes and issue certificates of per diem to them; to deliver the messages of the one House to the other and to sign subpoenas.

It is their duty to prepare an index to the journal, at the close of the session, and to be present at the opening of the next session, and to attend to such preliminary business as may be necessary, and conduct the proceedings therein until a speaker is elected, and perform the duties of clerk thereof until their successors are chosen and qualified.

They are by law responsible for the safe keeping of all the bills and other documents in possession of the Legislature, and for the proper registry of all proceedings; and are required at the close of the session, to deposit all papers in their possession as Chief Clerks, properly classified and labeled, with the Secretary of State.

Regulations in the Department of the Clerk.

To insure a systematic and correct performance of the duties of their departments, the Chief Clerks of the two Houses have established the following regulations:

THE ASSISTANT CLERKS.-It is their special duty:

1. To keep a record of each day's proceedings, and to correct the proof of same when printed.

2. To officiate at the reading desk when required by the clerk, and in case of his absence to perform his duties generally.

3. To label and file in the appropriate places all papers presented, with proper dates and references.

4. To select each day all papers ordered to be printed, make the list thereof in a book provided for that purpose, and send them to the State Printer, taking his receipt therefor.

5. To keep a list of all absentees on leave, etc.

THE BOOK-KEEPER.-It is his special duty:

1. To keep the register of bills, resolutions, memorials, etc., showing therein, and opposite to to each title, all actions taken and proceedings had, with regard to such papers.

2. To distribute to the proper committee, or officers, all bills, petitions and other papers referred.

3. To make out all certificates of per diem and mileage, ready for the signa ture of the Speaker and Clerk.

4. To prepare the message to be delivered to the other House, and when not otherwise occupied, to help the Journal Clerk in the performance of his duties.

THE ENGROSSING CLERK.-It is his special duty:

1. To engross all bills ordered to a third reading which the rules require to be engrossed, properly placing all amendments adopted prior to the order of their engrossment.

2. By the direction of the Chief or Journal Clerk to perform any necessary service appertaining to the duties of the other deputies.

THE ENROLLING CLERK.-It is his special duty:

To make clear, legible copies of all bills which have been concurred in, without erasure or interlineations.

GENERAL REGULATIONS.

1. Each deputy when not occupied in the performance of his own special duties, is to render such assistance to the Clerk and his associate deputies as may be in his power, or as the pressure of duties in a particular department may render necessary.

2. The deputies are expected to notify the Chief Clerk of any interference with their duties, and of all improper approaches or requests made to them by any person. They are not to exhibit to any person any bill or other document in their possession without leave of the Chief Clerk.

Perfect courtesy must at all times be maintained toward members, reporters, associate deputies, and all who have business to transact with the department, but interference with legislation cannot be allowed under any circumstances.

SERGEANT-AT-ARMS.-This officer is executive officer of the House. He has charge of the Post Office and other appurtenant conveniences of the Assembly. He controls the police regulations, attends to the warming of the chambers, serves the subpoenas and warrants of the Assembly, announces messages from the Governor and from the Senate, provides rooms for committees, receives from the Superintendent of Public Property all public documents ordered or coming in due course, and distributes the same through the Post Office, or otherwise, to members and officers entitled thereto, and keeps the pay roll of the employes in his department. He is to organize his department with such system that each of his subordinates shall know his precise duties, and he is to see that each performs his duty promptly, thoroughly and courteously. He is required to keep the chamber open from 8 o'clock A. M. to 11 o'clock P. M.

He should have the printed bills and other documents in his possession so classified and arranged that he can at once answer any call upon him for them. His assistant assists him generally in the discharge of his duties, and takes his place when he is absent.

The POSTMASTER attends to the receipt and delivery of all mail matter coming to members and officers of the Assembly. Each member has a box in the l'ost office of the Assembly corresponding with the number of his seat, in which his mail matter is deposited, and the Postmaster must, by himself or assistant, be at his post from 8 o'clock A. M., until 10 o'clock P. M., and until the adjournment of the Assembly for the day. He receives and forwards all mail matter deposited in his office by members or officers, in time to be mailed from the Madison Post Office. He is to prominently post in the cloak and hat room (which is the members' side of the Post Office), a notice of the hours of closing the Assembly mails. He is entitled to the exclusive use of the Post Office, and no one ought to be admitted thereto except the Sergeant-at-Arms and the Speaker.

The ASSISTANT POSTMASTER brings the mail to and from the Madison Post Office, and assists the Postmaster generally in his duties.

The DOORKEEPERS attend to the principal door; open and close it for the entry and exit of all persons; maintain order in the lobby and vestibule; see that visi

tors are seated and that the regulations of the House in their departments are strictly enforced.

The assistant sergeant-at-arms, postmaster, porter, watchman, doorkeepers, and gallery, committee-room and washroom attendants are appointed by the Sergeant-at-Arms, and are responsible to him.

DUTIES OF MESSENGERS.

1. To be in attendance from 8 o'clock A. M. until 10 o'clock P. M. every day (Sunday excepted), whether the Assembly is in session or not.

2. To receive the journals and printed bills from the Sergeant-at-Arms, and arrange them in order on the file of each member.

3. Not to leave the Chamber during the morning hour, or absent themselves from the session of the House during an entire day, except upon leave of the Speaker, Clerk or Sergeant-at-Arms.

4. During the morning hour to take the positions assigned to them by the Clerk, and, standing up, so as to see and be seen, hold themselves in readiness to bring all bills, resolutions, etc., from the several members to the Clerk when presented.

5. After the expiration of the morning hour, when not engaged in filing bills, etc., for the members they have in charge, to answer promptly any call, and render assistance to any member requiring it.

6. To refrain from throwing any paper balls, darts, or other missiles; to move lightly across the chamber and demean themselves respectfully towards every member and oflicer of the House.

Process of Passing Bills.

Some diversity of practice exists herein, but the ordinary method in the Assembly, as an illustration, is as follows:

A member having prepared a bill and endorsed the title thereof, together with his name upon the back of it, rises to his feet, at such time as the introduction of bills is under order and says: "Mr. Speaker:" If recognized the Speaker responds: "The gentleman from The member announces: "I ask

leave to introduce a bill." The bill is then sent to the Chief Clerk by a messenger. The Clerk then reads the title of the bill and the Speaker announces : "First reading of the bill."

The Clerk again reads the bill by its title, and the Speaker announces : "Second reading of the bill." And refers the same to some standing or select committee, as seems to him appropriate, unless special reference is made by request of the member introducing the bill. The bill is, in due course of time, reported back to the Assembly by the committee, when it is placed in the order: "Bills ready for engrossment and third reading." Under this order of business, the question put by the Speaker is as follows: "Shall this bill be engrossed and read a third time?" If decided affirmatively, the bill is sent by the Chief Clerk to the Engrossing Clerk for engrossment. When correctly engrossed and compared by the Comparing Clerks, it is delivered by the Engrossing Clerk to the committee on Engrossed Bills, who compare the engrossed bill with the original bill and amendments, if any, and cause any errors which they may find to be corrected. When found correct, or made so, the committee report them to the House as correctly engrossed, and then referred to the committee on Bills on their Third Reading and when reported by that committee the original is filed with the Chief Clerk, and the engrossed bill goes into the order of "Bills ready for a third reading." When under this order of business, the bill, unless it appropriates money, is read by its title; if it appropriates money, at length, when the Speaker says as follows:

"This bill having been read three several times, the question is, shall the bill pass?" If the bill passes, it is taken to the Senate with a message announcing its passage by the Assembly, and asking the concurrence of the Senate therein.