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INDEX TO SENATE DECISIONS.

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ADJOURNMENT "from day to day" by less than a quorum, what it means,
day of final, when it begins,

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can be made only on second or third reading after bill is reported,
cannot be made to bills that will change original purpose,

negative on second reading can be inserted in committee of the whole on
third reading,

in order to strike out on third reading that which has been inserted on
second reading if other matter is included,

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not germane to resolution out of order,

can be made to resolution regulating Senate business,

made in committee of the whole, striking out matter, Senate can reinsert,
to amend Senate bill returned from House, when in order,
non-concurrence in by the House, to recede from, aflirmative vote of less
than a majority of all the Senators elected sufficient,
APPROPRIATIONS, bills making, for the erection of a monument, do not require a two-
thirds vote,

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affecting an increase of the revenues are not germane to other bills,

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negatived by the Senate not in order to introduce and consider similar bill,
negatived by the Senate not in order to consider bill of similar character from the
House,

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House, negatived by Senate, not in order for Senate to consider bill of similar
import from House at same session,

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postponement of, for the present not in order on the call of one Senator,
on final passage, what action is in order,

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amendments made to, on second cannot be stricken out on third reading,
regularly before Senate can be disposed of by a simple majority,

passed by both Houses, and not sent to the Governor, cannot be taken up,
sent to printer cannot be considered until returned to Senate,

motion to recommit, for amendment to change character of, not in order,
negatived by committee, similar one can be acted on by Senate,
cannot be amended to change original purpose,

general, local, special, class legislation,

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after reconsideration of vote, must be acted on when reached in order,
amending laws must recite in full the part to be amended,

objection to consideration of, reconsidered, must be made at the proper time,
raising revenue must originate in the House,

on final passage, twenty-six votes in the affirmative necessary,

minority of a standing committee cannot make a report on,

twice negatived on final passage, reconsideration of, not in order,

objection to consideration of, must be raised at the proper time,

amendments to amended Senate bills from House when in order,

final vote cannot be reconsidered after five legislative days,
reconsideration of, when not in order,

merits of, debatable on motion to postpone consideration of, to fixed time,
constitutionality of, to be determined by the Senate,

if regularly reported, can be considered by Senate,

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appropriating money for the erection of a monument do not require a two-thirds
vote, ...

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which have passed House and are on second reading in Senate, resolution recalling,
out of order,

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majority of those voting in Senate discharges committee from consideration of,.
too late to correct vote on, after other business has intervened,

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to discharge committee from, before five days, rule must be suspended,
merits of, not debatable, on motion to suspend rule, for purpose of discharging
committee,

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C.

CALL OF THE HOUSE is the order when a motion to adjourn falls and less than a
quorum vote,
COMMITTEES, power of, over bills,

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minority report from standing, on a bill, not in order,

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bills regularly reported from, can be considered by Senate,
majority of those voting in Senate discharges, from consideration of bills,
two-thirds vote necessary to pass resolution imposing special work on stand.
ing.

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to discharge, from bills, before five days, rule must be suspended,
COMMITTEE OF THE WHOLE, amendments just inserted by, not in order to strike out,

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CONFERENCE COMMITTEE, Senate can instruct,

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report of disagreement of, discharges,
being dissolved not subject to instructions,
motion to appoint, once negatived, when again in order,
power of Senate over,

report of, not to be considered on day of final adjournment, 1238 power of, over whole bill,

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CONSTITUTIONALITY OF BILLS to be determined by the Senate,

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EXECUTIVE SESSION, a motion to reconsider vote on nominations not debatable in, point of order made and sustained when in, Senate can subsequently reconsider,

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vote in, can be reconsidered after five days,

EXTRAORDINARY SESSIONS, what resolutions in order in,

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FINAL PASSAGE OF BILLS, twenty-six affirmative votes necessary,

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INDEFINITE POSTPONEMENT of a motion to reconsider a section does not include bill,.. 1260

cut off by call for previous question,

motion for, not capable of amendment,

does not preclude debate upon the original subject,
of motion to reconsider, limitation of debate in,

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ORDERS OF THE DAY, dispersing with, in considering bills not in numerical order,

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two-thirds vote not necessary to change time of daily adjournment, 1260 regular, suspended by special,

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take precedence of call for the previous question,
suspension necessary to offer resolution after that order has been
gone through with,

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P.

POINTS OF ORDER cannot be raised upon another pending point of order, can be raised at any stage of a bill,

cannot be raised upon a question after other business has intervened, POSTPONEMENT, motion for, to a time fixed, subject to limited debate on merits of bill, PREVIOUS QUESTION, call for, can be renewed the same day,

on bill, not precluded by motion to postpone,
cuts off motion to indefinitely postpone,
call for, in order while a Senator is speaking,
call for, superseded by orders of the day,

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QUORUM, Senators announcing pairs to be counted in making up,

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of privilege, do not take precedence of special orders,

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Senators announcing pairs and signing appeal to be counted in making up,
adjournment by less than, from "day to day," means from day to day as fixed
by the orders,
when less than, vote on a motion to adjourn and majority of those vote in
negative, call of the House in order,

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R.

RECEDE, motion to, from amendments made by the Senate non-concurred in by the House, 1255 RECESS, amending motion for,

motion for, not in order after motion to adjourn has been defeated, RECOMMIT, motion to, for amending bill to change character of, not in order,

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RECONSIDERATION of negative vote on final passage of bill,

point of order made and sustained when in executive session sub-
ject to,

of a bill twice negatived on final passage not in order,

not in order after ive legislative days,

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one voting with majority only can second motion for,

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motion for, once negatived, cannot be renewed,

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"five days rule" not applicable in executive session,

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of final vote on bil must be made within five legislative days,
of same bill, not in order a second time,

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necessary when instructing a conference committee to do that which

the Senate has refused to do,

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a motion for, always in order,

RESOLUTION, concurrent, from House recalling House blil on second reading out of order,
RESOLUTIONS, not in order to strike out and insert new subject matter in,

two-thirds vote necessary to pass, imposing special work on a standing com.
mittee,

what, in order in extra session,

concurrent, necessary to provide for printing of report of an investigation
committee,

RULES, defeat of motion to suspend, carries with it whole proposition,
must be suspended, to discharge committee from consideration of bill before five
days,

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on motion to suspend, for purpose of discharging committee, merits of bill not
debatable,

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S.

SENATORS, before qualifying, cannot present papers,
may vote on questions affecting seat of,

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announcing pairs and signing appeal to be counted in making up a quorum,
announcing pairs to be counted in making up quorum,
formal resignation of, necessary to preclude their voting,

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SPECIAL SESSION, for special purpose, unanimous consent necessary to consider other
business,

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for a special purpose being fixed, a two-thirds vote not necessary to
pass resolutions for general business,

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SUSPENSION OF ORDERS, a single objection prevents, at special session for special pur-

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of twenty-six Senators in the affirmative necessary to pass a bill finally,
cannot be recorded after the call of the yeas and nays has been completed, except
by consent of the majority,

too late to correct, on bill after other business has intervened,

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Y.

YEAS AND NAYS, call of, not in order, when Senators demanding same decline to vote,
call of, cannot be interrupted after first Senator's name is called,
after call of, has been completed, vote can be recorded only by consent
of majority,

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*DECISIONS OF THE SENATE ON POINTS OF ORDER.

ADJOURNMENT.

"From Day to Day" by Less than a Quorum Means from to Day as Fixed by the Orders.

The Senate having fixed an order for sessions on Tuesdays and Fridays only, on a motion to adjourn, less than a quorum voting, Mr. Gordon submitted the point of order that under the Constitution it was only competent for less than a quorum to adjourn from day to day. The President decided that the phrase "from day to day" signified from day to day as fixed in the regular order of the Senate. Whereupon, the President decided the resolution carried, and adjourned the Senate until Friday morning next, at eleven o'clock. (Senate Journal, extra session, 1883, p. 157.)

ADJOURNMENT, DAY OF FINAL.

When it begins.

After midnight of the session which began at eight P. M., June 11, the day for final adjournment having been fixed for twelve M., on June 12, report of a committee of conference was made, when Mr. Kennedy submitted the point of order that the report could not be acted upon at this time, as its consideration is prohibited by joint rule eight, which provides that "no bill, resolution, or order to which the signature of the Governor may be required, shall be passed by either House on the day of the final adjournment; and all such bills, resolutions and orders, after they have been duly transcribed and compared, shall be presented to the Governor for his signature, by the proper committee, before eight o'clock on the morning of the day of the final adjournment. Mr. Reyburn (acting President pro tempore) decided the point of order not well taken. (Senate Journal, 1885, p. 1189.)

AMENDMENTS.

To House Amendments, when not in Order.

Not in order to amend amendments made by the House of Representatives, to amendments made by the Senate, to a bill from the House of Representatives. (Senate Journal, 1844, pp. 935-6.) Amendments made by the House of Representatives (consisting of two new sections) to amendments made by the Senate to a bill from the House of Representatives, having been concurred in by the Senate, a motion was made to amend those amendments by adding a new section. The Speaker decided the motion to be not in order. From which an appeal was taken, and the decision sustained by the Senate. (Senate Journal, 1850, p. 549.)

To Title in Order, when Concurring in House Amendments.

The Speaker decided that, in concurring in amendments made by the House of Representatives, it was in order for the Senate to amend the title to correspond with the amendments made by the House of Representatives. (Senate Journal, 1861, p. 254. See also Senate Journals, 1874,

p. 692, and 1889, p. 364.)

Made on Second Cannot be Stricken out on Third Reading.

The Speaker decided that it was not in order to go into Committee of the Whole (the bill being on third reading) for the purpose of striking out the amendment that had been inserted on second reading. (Senate Journal, 1861, p. 547.)

In Order to Strike Out on Third that which has been Inserted on Second Reading if other Matter is Included.

Mr. Thompson submitted the point of order, that the motion was not in order beacuse it proposed to strike out on third reading an amendment which had been inserted on second reading, The President decided the point of order not well taken, as the proposed amendment included other matter, in addition to the proviso which had been inserted on second reading of the bill. (Senate Journal, 1891, p. 290.)

Negatived on Second Reading can be Inserted in Committee of the Whole on Third Reading.

The

The point of order was raised, that an amendment, proposed to be inserted in Committee of the Whole, having been proposed and negatived on second reading, could not be offered. Speaker decided the point of order not well taken. (Senate Journal, 1874, p. 179.)

*These decisions are published as found in the Journals of the Senate. Their correctness as rulings is left to the judgment of the reader.

AMENDMENTS- Concluded.

Cannot be made to Bills that will Change Original Purpose.

The President pro tempore decided that the bill was so amended as to repeal the whole art of 1868, and then to extend it to the whole State, and was so altered in its passage as to be changed from its original purpose, and therefore is unconstitutional. (Senate Journal, 1879,

p. 389.)

Not Germane to Resolution, out of Order.

The President decided it out of order to amend a resolution to print the report of the Pennsylvania State College, by adding a provision for the appointment of a committee to investigate its accounts. (Senate Journal, 1875, p. 202.)

The President pro tempore (Mr. Penrose in the chair) was of the opinion that the original resolution of the Senator from Lebanon, pertained to a question of law or jurisdiction, whilst the substitute or amendment of the Senator from Bucks raised a question of fact He therefore decided the point of order raised by the Senator from Lebanon to be well taken and that the amendment of the Senator from Bucks was not germane and therefore not in order. (Senate Journal, extra session, 1891. p. 624.)

Can be made to Resolution Regulating Senate Business.

A resolution fixing an afternoon session for certain business pending an amendment was offered fixing a session at a different time, on which the President ruled that the purpose of both the resolution and the proposed amendment being to regulate the business of the Senate, the amendment was germane, and therefore ruled the point of order to be not well taken. Journal, 1881, p. 1014.)

Senate can Reinsert Matter Stricken out in Committee of the Whole.

(Senate

Mr. Gordon submitted the point or order "that the motion of the Senator from Delaware (Mr. Cooper) was not in order, as it proposed to insert in the bill a provision just stricken out in the Committee of the Whole." Decided not well taken. Decision sustained by the Senate. (Senate Journal, 1883, p. 625.)

To Amend Senate Bill Returned from House when in Order.

Mr. Gordon submitted the point of order that, as the question before the Senate was on concurring in the amendments niade by the House of Representatives to said bill, and the amendment proposed by Mr. Hughes, not being an amendment to the amendments made by the House, the motion was not in order. The President decided the point of order well taken, and ruled the motion out of order. (Senate Journal, 1883, p. 1241.)

Non-Concurred in by the House, to Recede from Affirmative Vote of Less than all the Senators
Elected Sufficient.

Mr. Kennedy submitted the point of order, that the motion to recede from amendments made by the Senate being in effect a reconsideration of the vote by which the bill passed finally, it requires, for its adoption, a majority vote of all the Senators elected. Decided not well taken by the Senate Mr. Kennedy then submitted the point of order, that the motion before the Senate is one of virtual concurrence in the action of the House on this bill, and that, in compliance with the constitution and Rule XXVIII of the Senate, it requires a majority vote of all the Senators to so concur. Decided not well taken by the Senate. (Senate Journal, 1885, pp. 890-894.)

BILLS.

Consideration of, in Numerical Order.

The Senate decided that when bills on first reding are the pending order, it was not in order to proceed to the consideration of a bill not first in numerical order, without dispensing with the orders of the day. (Senate Journal, 1845, pp. 160-70.)

Negativing First, Section of, Does not Involve Defeat of Whole Bill.

The Speaker decided that the defeat of the first section of a bill did not necessarily involve defeat of the whole bill, should there be more than one section in such bill, and where such section or sections are sensible and independent of said first section. From which decision an appeal was taken, and the decision of the Speaker sustained by the Senate. (Senate Journal, 1848. p. 566.)

Negatived by the Senate, not in Order to Introduce and Consider Similar ones During the same
Session.

The President decided that it was not in order to consider a certain bill, as one containing similar provisions had been voted down at the present session of the Senate. (Senate Journal, 1878, p. 855.)

Negatived by the Senate, not in Order to Consider Bill of Similar Character from the House
During the same Session.

The President decided that it is not in order to introduce into the Senate from the House of Representatives, or consider a bill which is in substance, in nature, or intent and purpose the same as a Senate bill which has been defeated in the Senate during the present session. An appeal was taken. The Senate sustained the decision. (Senate Journal, 1878, p. 834.)

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