Page images
PDF
EPUB

the Whole the same is read to the Senate and entered on the Journal.

The Chairman, after reporting on all the bills referred to the same Committee of the Whole, retires to his seat, and the President proceeds to put the question on disposing of the report.

If, during the consideration of the bill in the Committee of the Whole, amendments are proposed, the question on their adoption is put in the ordinary form. The Chairman first states the amendment or directs the Clerk to read it. He then asks:

Is the committee ready for the question?

If no further amendment or debate offer, he proceeds to put the question in the usual manner of putting any question to vote in a public assembly, deciding the question by the response of " Aye" and "No."

The strict parliamentary rule is, that a section cannot be amended after a motion to amend has once been negatived, and the section has been passed without further amendments being proposed; the idea being that the vote of the committee against amending is equivalent to approving the section as it stands, and that the entertainment of further amendments would be only a waste of time. But practice has sanctioned a more liberal construction. The rule as to amendments in Committee of the Whole is more particularly given in Crosswell's Manual, included hereinafter.

It is competent for the committee, while amendments are in order, to reconsider the vote upon any amendment previously made. When a motion of this character is made, the question is stated thus:

The Senator from the

moves to re

consider the vote upon the adoption of the amendment of Mr. to this section (or

[blocks in formation]

If any member desires to know what the amendment is, the Chairman states it or directs the Clerk to read it, and then says:

Is the committee ready for the question?

If no one rises to debate, he puts the question. When the motion to reconsider is carried, and the decision is properly announced, the Chairman says:

The question now recurs upon the adoption of the amendment. Is the committee ready,

etc.

If, at any time during the consideration of a bill, in Committee of the Whole, a motion is made to rise and report progress (or if it is the first or second bill, that when the committee rise they report progress), it is in order and must be decided without debate. If it is the last bill, and the question is decided in the affirmative, the committee immediately rises, and the Chairman makes his report:

Mr. President:

The President responds:

Mr. Chairman :

The Chairman proceeds:

The Committee of the Whole have had under consideration the bill entitled (here recite the title), have made some progress therein, but, not having gone through the same, have directed their Chairman to report that fact to the Senate, and to ask leave to sit again.

The Chairman then retires as before, after reporting on the bills referred.

The Clerk makes a note of every amendment made to bills in Committee of the Whole, and the Chairman has no further responsibility in the matter after the bill has been reported to the Senate.

If the bill is not gone through with at the first sitting of the Committee of the Whole, it is replaced on the calendar in its order, and may be considered again when moved by the Senator in charge. Any amendment adopted in Committee of the Whole to a bill which is not gone through falls with the report of progress and the bill when considered again is in the same form as if it had not been considered.

The same rules of order are applicable in Committee of the Whole as in the ordinary proceedings of the Senate, except that the yeas and nays cannot be called.

After a bill has been considered by sections, a motion is in order to strike out the enacting clause. If it prevail, the report of the Chairman is thus:

Mr. President:

The President responds:

Mr. Chairman:*

The Chairman proceeds:

The Committee of the Whole have had under consideration the bill entitled (here recite the title), have stricken out the enacting clause, and have directed their Chairman to report that fact to the Senate, and to recommend its concurrence therein.

A motion to strike out the enacting clause is not in order until the bill has been gone through, for the obvious reason that the Senate ought first to try to perfect before they destroy the bill. For the same reason, a motion to amend a section takes precedence of a motion

to strike out. If while a motion is pending to strike out the enacting clause, a motion is made to amend a certain part of the bill, the question on the latter motion takes precedence of the former.

If, at any time, while the Senate is in Committee of the Whole, the point is raised that there is no quorum present, the Chairman directs the Clerk to ascertain that fact by count. If it appears that there is not a quorum, the President immediately resumes the chair and the Chairman reports thus:

Mr. President:

The President responds:

Mr. Chairman:

The Chairman proceeds:

The Committee of the Whole have had under consideration the bill entitled (here recite the title), and after proceeding some time in the consideration thereof, find that there is no quorum present; that fact I herewith report to the Senate.

The President then directs a call of the roll. If, on such roll call, a quorum be found to be present, the President calls to the Chairman to resume his place, and the business of the committee is resumed at the point where it left off without a quorum.

If, during the session of the committee, disturbance arise on the floor, or the Chairman finds it impossible to maintain order, he vacates the chair upon the approach of the

President, who takes it for the purpose of enforcing order. When order has been restored, the Chairman resumes his seat, and the business of the committee proceeds.

A motion that the committee report progress is in order at any stage of the proceedings in Committee of the Whole, being equivalent to the motion to adjourn in the Senate; but a motion to rise and report the bill to the Senate is not in order till the whole process of consideration in Committee of the Whole has been gone through. If a bill which has been amended in Committee of the Whole, and then progressed, is ordered to a third reading by the Senate, the amendments fall to the ground, and the bill goes to a third reading in the same shape in which it went to the Committee of the Whole. The report of "progress" does not include any amendments, and it is only on the report that the bill "has been gone through" that the amendments are brought before the Senate. When the question of agreeing with the report on a bill which has been fully considered in Committee of the Whole is before the Senate it is subject to division, so that each amendment may be separately voted on if called for by any member; or any amendment may be excepted for a separate vote, and the vote on all the rest may be taken collectively, if desired.

« PreviousContinue »