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On Distribution of Governor's Message.

On Education.

On Election Law.

On Employment Security Commission.



296 North Carolina Manual

On Engrossed and Enrolled Bills,

On Finance.

On General Statutes.

On Immigration.

On Institutions for the Blind.

On Institutions for the Deaf.

On Insurance.

On Internal Improvements.

On Interstate and Federal Relations.

On Journal.

On Judiciary No. 1.

On Judiciary No. 2.

On Justices of the Peace.

On Library.

On Manufacture, Labor, and Commerce.

On Mental Institutions.

On Military Affairs.

On Mining.

On Penal Institutions.

On Pensions and Soldiers' Home.

On Propositions and Grievances.

On Public Health.

On Public Roads.

On Public Utilities.

On Public Welfare.

On Railroads.

On Rules.

On Salaries and Fees.

On Senate Expenditures.

On Senatorial Districts.

On State Commission for the Blind.

On Teachers and State Employees Retii-ement.

On Veterans' Affairs.

On Water Commerce.

On Wild Life Resources.

Joint Committees

29.

On Printing.

On Trustees of the Greater University.



Senate 297

30. The Committee on Engrossed Bills shall examine all bills,
amendments, and resolutions before they go out of the possession
of the Senate, and make a report when they find them correctly
engrossed: Provided, that when a bill is typewritten and has no
interlineations therein, and has passed the Senate without amend-
ment, it shall be sent to the House without engrossment, unless
otherwise ordered.

31. All bills introduced in the Senate providing for appropria-
tions from the State, or any subdivision thereof, shall, before being
considered by the Senate, be referred to the Committee on Appro-
priations, and bills referred to other Committees carrying any of
the provisions herein mentioned, shall be re-referred to the Senate
as being bills to be considered by the Appropriations Committee
before proper action may be taken by the Senate. All bills intro-
duced in the Senate providing for bond issues, levying taxes, or in
any manner affecting the taxing power of the State or any sub-
division thereof, shall before being considered by the Senate, be
referred to the Committee on Finance, and bills referred to other
committees carrying any of the provisions herein mentioned shall
be re-referred to the Senate as being bills to be considered by the
Finance Committee before proper action may be taken by the
Senate.

32. Every report of the committee upon a bill or resolution
which shall not be considered at the time of making the same, or
laid on the table by a vote of the Senate, shall stand upon the
general orders with the bill or resolution; and the report of the
committee shall show that a majority of the committee were pres-
ent and voted.

33. The chairmen of the following committees, with the ap-
proval of the President of the Senate, shall appoint clerks in
order to expedite the business of the Session of 1949, as follows:

Finance; Roads; Judiciary No. 1; Judiciary No. 2; Counties,
Cities and Towns; Election Laws; Insurance; Agriculture; Con-
servation and Development; Appropriations; Education; Rules;
Public Health; Manufacturing, Commerce and Labor; Propositions
and Grievances; Banks and Currency; Constitutional Amend-
ments; Public Welfare; Employment Security Commission; Courts
and Judicial Districts; Salaries and Fees; Mental Institutions;
Federal and Interstate Relations; Public Utilities; Teachers and



298 North Carolina Manual

State Employees Retirement; Veterans Affairs; Corporations;
Penal Institutions; Wild Life Resources; and Trustees of Greater
University.

In addition to the above-named clerks, the President of the
Senate shall, upon recommendation of the Rules Committee, ap-
point additional clerks, who shall perform such duties as may be
assigned them by the Principal Clerk of the Senate.

Decorum in Sessions

34. When any Senator is about to speak in debate or deliver
any matter to the Senate, he shall rise from his seat and respect-
fully address the President.

35. No member shall speak until recognized by the President
and when two or more members rise at the same time, the Presi-
dent shall name the member to speak.

36. No remark reflecting personally upon the action of any
Senator shall be in order in debate unless preceded by a motion
or resolution of censure.

37. When a Senator shall be called to order he shall take his
seat until the President shall have determined whether he was in
in order or not; if decided to be out of order, he shall not proceed
without the pennission of the Senate ; and every question of order
shall be decided by the President, subject to an appeal to the
Senate by any Senator; and if a Senator is called to order for
words spoken, the words excepted to shall be immediately taken
down in writing, that the President or Senate may be better able
to judge of the matter.

38. No Senator shall speak or debate more than twice nor longer
than thirty minutes on the same day on the same subject with-
out leave of the Senate.

39. When the President is putting a question, or a division by
counting shall be had, no Senator shall walk out of or across the
chamber, nor when a Senator is speaking, pass between him and
the President.

40. Every Senator who shall be within the bar of the Senate
when the question is stated by the chair shall vote thereon, unless
he shall be excused by the Senate or unless he be directly in-
terested in the question; and the bar of the Senate shall include
the entire Senate Chamber.



Senate 299

41. When a motion to adjourn or for recess shall be affirma-
tively determined, no member or officers shall leave his place until
adjournment or recess shall be declared by the President.

42. Senators and visitors shall uncover their heads upon enter-
ing the Senate Chamber while the Senate is in session, and shall
continue uncovered during their continuance in the Chamber.

43. No Senator or officer of the Senate shall depart the service
of the Senate without leave, or receive pay as a Senator or officer
for the time he is absent without leave.

Procedural Rules in Debate

44. Every bill introduced into the Senate shall be printed or
typewritten. Amendments need not be typewritten.

45. All bills should be read by their titles, which reading shall
constitute the first reading of the bill, and unless otherwise dis-
posed of shall be referred to the proper committee. A bill may be
introduced by unanimous consent at any time during the session.

46. Every Senator presenting a paper shall endorse the same;
if a petition, memorial, or report to the General Assembly, with a
brief statement of its subject or contents, adding his name; if a
resolution, with his name; if a report of a committee, a statement
of such report with the name of the committee and members mak-
ing the same; if a bill, a statement of its title which shall contain
a brief statement of the subject or contents of the bill, with his
name; and all bills, resolutions, petitions, and memorials shall be
delivered to the Principal Clerk and by him handed to the Presi-
dent to be by him referred, and he shall announce the titles and
references of the same, which shall be entered on the Journal.

47. When a bill is materially modified or the scope of its appli-
cation extended or decreased, or if the county or counties to which
it applies be changed, the title of the bill shall be changed by the
Senator introducing the bill or by the committee having it in
charge, or by the Principal Clerk, so as to indicate the full pur-
port of the bill as amended and the county or counties to which
it applies.

48. After a bill has been tabled or has failed to pass on any of
its readings, the contents of such bill or the principal provisions
of its subject-matter shall not be embodied in any other measure.
Upon the point of order being raised and sustained by the Chair,



.100 North Carolina Manual

such measure shall be laid upon the table, and shall not be taken
therefrom excejDt by a vote of two-thirds of the elected membership
of the Senate: Provided, no local bill shall be held by the Chair
as embodying the provisions, or being identical vi^ith any State-
wide measure which has been laid upon the table or failed to pass
any of its readings.

49. Whenever a public bill is introduced, a carbon copy thereof
shall accompany the bill. The Reading Clerk shall stamp the copy
with the number stamped upon the original bill. Such copy shall
be daily delivered to the joint committee hereinafter provided for.
The Principal Clerk shall deliver the carbon copy of the bills desig-
nated to be printed as herein after provided for the public printer
and cause 400 copies thereof to be printed. On the morning fol-
lowing the delivery of the printed copies the Chief Clerk shall
cause the Chief Page to have one copy thereof put upon the desk
of each member, and shall retain the other printed copies in his
office. A sufficient number of the printed copies for the use of the
committee to which the bill is referred shall be by the Chief Page
delivered to the Chairman or Clerk of that Committee. If the bill
is passed, the remaining copy shall be by the Chief Page delivered
to the Principal Clerk of the House for the use of the House. The
cost of printing shall be paid from the contingent fund of the
Senate. The Chairman of the Rules Committee of the Senate and
the Chairman of the Rules Committee of the House shall appoint
a sub-committee consisting of three members of the Senate and
two members of the House from the body of the Senate and the
House, and such chairman shall notify the Principal Clerk of the
House and of the Senate who has been appointed. Such subcom-
mittee shall meet daily and examine the carbon copies of the public
bills introduced and determine which of such public bills shall be
printed and which shall not, and stamp the copies accordingly.
If the member introducing a public bill, which the committee shall
determine should not be printed, so desires, he may appear before
the committee at the next meeting thereof with reference thereto.

50. When a bill has been introduced and refered to a committee,
if after ten days the committee has failed to report thereon, then
the author of the bill may, after three days' public notice given in
the Senate, on motion supported by a vote of two-thirds of the
Senators present and voting, recall the same from the committee



Senate 301

to the floor of the Senate for consideration and such action theron
as a majority of the Senators present may direct.

51. All motions shall be reduced to writing, if desired by the
President or any Senator, delivered at the table, and read by the
President or Reading- Clerk before the same shall be debated; but
any such motion may be withdrawn by the introducer at any time
before decision or amendment.

51a. When a bill is reported by a committee with an unfavorable
report, but accompanied by a minority report, the minority report
shall be placed on the calendar and considered the following day,
and the question before the Senate shall be "The adoption of the
Minority Report" and if failing to be adopted by a majority vote,
the bill shall be placed upon the unfavorable calendar. Before a
minority report can be considered by the Senate, it must be signed
by at least three (3) members of the committee who were present
and voted on the bill when the bill was considered in the committee.

On General Orders and Special Orders

52. Any bill or other matter may be made a special order for
a particular day or hour by a vote of the majority of the Senators
voting, and if it shall not be completed on that day, it shall be
returned to its place on the Calendar, unless it shall be made a
special order for another day; and when a special order is under
consideration it shall take precedence of any special order or sub-
sequent order for the day, but such subsequent order may be taken
up immediately after the previous special order has been dis-
posed of.

53. Every bill shall receive three readings previous to its being
passed, and the President shall give notice at each whether it be
the first, second, or third. After the first reading', unless a motion
shall be made by some Senator, it shall be the duty of the Presi-
dent to refer the subject-matter to an apropriate committee. No
bill shall be amended until it shall have been twice read.

On Precedence of Motions

54. When a question is before the Senate no motion shall be re-
ceived except those herein specified, which motion shall have prece-
dence as follows, viz:

(1) For adjournment.



802 North Carolina Manual

(2) To lay on the table.

(3) For the previous question.

(4) To postpone indefinitely.

(5) To postpone to a certain day.

(6) To commit to a standing- committee.

(7) To commit to a select committee.

(8) To amend.

(9) To substitute.

55. The previous question shall be as follows: "Shall the main
question be now put?" and until it is decided shall preclude all
amendments and debate. If this question shall be decided in the
affirmative, the "main question" shall be on the passage of the bill,
resolution, or other matter under consideration; but when amend-
ments are pending, the question shall be taken upon such amend-
ments, in their inverse order, without further debate or amend-
ment: Provided, that no one shall move the previous question ex-
cept the member submitting the report on the bill or other matter
under consideration, and the member introducing the bill or other
matter under consideration, or the member in charge of the meas-
ure, who shall be designated by the chairman of the committee re-
porting the same to the Senate at the time the bill or other matter
under consideration is reported to the Senate or taken up for
consideration.

56. When a motion for the previous question is made and is
pending, debate shall cease and only a motion to adjourn shall be
in order, which motions shall be put as follows: adjourn, previous
question, lay on the table. After a motion for the previous ques-
tion is made, pending a second thereto, any member may give
notice that he desires to offer an amendment to the bill or other
matter under consideration; and after the previous question is sec-
onded such member shall be entitled to offer his amendment in
pursuance of such notice.

Some Questions to Be Taken Without Debate

57. The motions to adjourn and lay on the table shall be decided
without debate, and the motion to adjourn shall always be in order
when made by a Senator entitled to the floor.

58. The respective motions to postpone to a certain day, or to
commit, shall preclude debate on the main question.



Senate 303

59. All questions relating to priority of business shall be decided
without debate.

60. When the reading of a paper is called for, except petitions,
and the same is objected to by any Senator, it shall be determined
by the Senate without debate.

61. Any Senator requesting to be excused from voting may
make, either immediately before or after the vote shall have been
called for and before the result shall have been announced, a brief
statement of the reasons for making such request, and the question
shall then be taken without debate. Any Senator may explain his
vote on any bill pending by obtaining permission of the President
before the vote is put: Provided, that not more than three minutes
shall be consumed in such explanation.

Questions That Require a Two-Thirds Vote

62. No bill or resolution on its third reading shall be acted on
out of the regular order in which it stands on the Calendar, and
no bill or resolution shall be acted upon on its third reading the
same day on which it passed its second reading unless so ordered
by two-thirds of the Senators present.

63. No bill or resolution shall be sent from the Senate on the
day of its passage except on the last day of the session, unless
otherwise ordered by a vote of two-thirds of the Senators present.

64. No bill or resolution after being laid upon the table upon
motion shall be taken therefrom except by a vote of two-thirds of
the Senators present.

65. No rule of the Senate shall be altei-ed, suspended, or re-
scinded except on a two-thirds vote of the Senators present.

66. When a bill has been introduced and referred to a com-
mittee, if after ten days the committee has failed to report there-
on, then the author of the bill may, after three days' public notice
given in the Senate, on motion supported by a vote of two-thirds
of the Senators present and voting, recall the same from the com-
mittee to the floor of the Senate for consideration and such action
thereon as a majority of the Senators present may direct.

67. All bills and resolutions reported unfavorably by the com-
mittee to which they were referred, and having no minority report,
shall lie upon the table, but may be taken from the table, and



304 North Carolina Manual

placed upon the Calendar by a two-thirds vote of those present
and voting.

68. After a bill has been tabled or has failed to pass on any of
its readings, the contents of such bill or the principal provisions
of its subject-matter shall not be embodied in any other measure.
Upon the point of order being raised and sustained by the Chair,
such measure shall be laid upon the table, and shall not be taken
therefrom except by a vote of two-thirds of the elected member-
ship of the Senate: Proiiided, no local bill shall be held by the
Chair as embodying the provisions, or being identical with any
State-wide measure which has been laid upon the table or failed
to pass any of its readings.

Proceedings When There Is Not a Quorum Voting

69. If, on taking the question on a bill, it shall appear that a
constitutional quorum is not present, or if the bill require a vote
of a certain proportion of all the Senators to pass it, and it ap-
pears that such number is not present, the bill shall be again read
and the question taken thereon ; if the bill fail a second time for
the want of the necessary number being present and voting, the
bill shall not be finally lost, but shall be returned to the Calendar
in its proper order.

On Conference Committee and Report

70. Whenever the Senate shall decline or refuse to concur in
amendments put by the House to a bill originating in the Senate,
or shall refuse to adopt a substitute adopted by the House for a
bill originating in the Senate, a conference committee shall be ap-
pointed upon motion made, consisting of the number named in the
motion; and the bill under consideration shall thereupon go to and
be considered by the joint conferees on the part of the Senate and
House. In considering matters in difference between the Senate
and House committed to the conferees only such matters as are in
difference between the two houses shall be considered by the con-
ferees, and the conference report shall deal only with such mat-
ters. The conference report shall not be amended. Except as
herein set out, the rules of the House of Representatives of Con-
gress shall govern the appointment, conduct, and reports of the
conferees.



Senate 305



Miscellaneous



71. When a question has been once put and decided, it shall be
in order for any Senator who shall have voted in the majority to
move a reconsideration thereof; but no motion for the reconsidera-
tion of any vote shall be in order after the bill, resolution, mes-
sages, report, amendment, or motion upon which the vote was
taken shall have gone out of the possession of the Senate; nor
shall any motion for reconsideration be in order unless made on
the same day or in the next following legislative day on which the
vote pi'oposed to be reconsidered shall have taken place, unless
same shall be made by the Committee on Enrolled Bills for verbal
or grammatical errors in the bills, when the same may be made at
any time. Nor shall any question be reconsidered more than once.

72. In case a less number than a quorum of the Senate shall
convene, they are authorized to send the doorkeeper or any other
person, for any or all absent Senators as a majority of the Sena-
tors present shall determine.

73. No papers, writings, pamphlets, or printed matter shall be
placed on the desks of the Senators or distributed in the Senate
Chamber without the approval of the Principal Clerk,

74. That in case of adjournment without any hour being
named, the Senate shall reconvene the next legislative day at 11
o'clock A. M.

75. In the event the Senate Rules do not provide for, or cover
any point of order raised by any Senator, the rules of the United
States House of Congress shall govern.



306 North Carolina Manual

STANDING COMMITTEES OF THE SENATE

Committee on Agriculture

Senators: Moss, Chairman; Van, Long, Price, Campen, Currie,
Dearman, Ea,s:les, Fountain, Gass, Hester, Jones, McKinnon, Pate,
Perry, Pittman, Rowe, Talton, Weathers, Whitley, Wilson, Wins-
low, Crawford, Ward, Thomas, Brock.

Committee on Appropriations

Senators: Pate, Chairman; Blythe, Currie, Richardson, Mar-
shall, Weathers, McKinnon, Allsbrcok, Gibbs, Simms, Moss, Lar-
kins, Warlick, Phillips, Halstead, Whitley, Campen, Dalton, Dear-
man, Perry, Crawford, Walker, Jones, Wilson, Brock.

Committee on Banks and Currency

Senators: Larkins, Chairman; Webb, Hodges, Curi'ie, Pate,
Blythe, Gass, Ward, Weathers, Wilson, Rankin, Little, McKinnon,
Parker, Loner, Vann, Thomas, Peterson.

Committee on Claims

Senators: Shaw, Chairmxin; Walker, Dalton, Nichols, Webb,
Penny, Earnhardt, Allsbrook.

Committee on Commercial Fisheries

Senators: Winslow, Chairman; Hester, Campen, Rodman,
Ward, Rowe, Blythe, Allsbrook, Jones, Shaw,

Committee on Congressional Districts

Senators: Thomas, Chairman; Winslow, Gibbs, Eagles, Whit-
ley, Walker, Penny, Simms, Price, Warlick.

Committee on Conservation and Development

Senators: Richardson, Chairman; Larkins, Weathers, Pate,
Gibbs, Currie, Hester, Allsbrook, Webb, Rodman, Rowe, Wilson,
Nichols, Crawford, Peterson.

Committee on Constitutional Amendments

Senators: Gibbs, Chairman; Phillips, Pate, Richardson, Earn-
hardt, McKinnon, Whitley, Rowe, Rankin, Weathers, Simms.



Senate 307

Committee on Corporations

Senators: Gass, Chairman; Parker, Webb, Penny, Little, Pate,
Rodman, Ward, Allsbrook, Hodges, Earnhardt, Phillips, Walker,
Dearman, Simms, Thomas, Brock.

Committee on Counties, Cities and Towns

Senators: Hodges, Chairman; Gibbs, Rowe, Richardson, Vann,
McKinnon, Fountain, Wilson, Larkins, Pittman, BIythe, Ward,
Long, Nichols, Dalton, Jones, Perry, Penny, Price, Peterson.

Committee on Courts and Judicial Districts

Senators: Fountain, Chairman; Richardson, Moss, Pittman,
Allsbrook, Barnhardt, Halstead, Thomas, Warlick, Hester, Shaw,
Simms, Parker, Brock.

Distribution of Governor's Message

Senators: Whitley, Chairman; Vann, Webb, Currie, Simms,
Woodson.

Committee on Education

Senators: Pittman, Chairman; Richardson, Larkins, Currie,
Barnhardt, BIythe, Rodman, Gibbs, Gass, Rankin, Rowe, Pate, Hes-
ter, Long, Weathers, Phillips, Webb, Eagles, Hodges, Perry, Tal-
ton, Winslow, Whitley, Dearman, Peterson.

Committee on Election Laws

Senators: Marshall, Chairman; Price, Larkins, BIythe, Ward,
Gass, Wilson, Hodges, Vann, Pittman, Little, Winslow, Dalton,
Nichols, Jones, Perry.

Committee on Employment Security Commission

Senators: Weathers, Chairman; Barnhardt, Gass, Larkins,
BIythe, Pate, Rankin, Fountain, Whitley, Nichols, Walker, Webb,
Woodson, Pittman, Dalton, Currie, Wilson.

Committee on Engrossed and Enrolled Bills

Senators: Dearman, Chairman; Woodson, Shaw, Warlick,
Penny, Parker, Nichols, Perry, Talton, Little.



r
308 North Carolina Manual

Committee on Finance

Senators: Rankin, Chuirmayi; Rodman, Ward, Rowe, Earn-
hardt, Vann, Price, Fountain, Hodges, Long, Little, Gass, Hester,
Eagles, Penny, Parker, Pittman, Winslow, Talton, Thomas,
Nichols, Woodson, Shaw, Webb, Peterson.

Committee on General Statutes

Senators: Woodson, Chairmwn; Rodman, Allsbrook, McKinnon,
Richardson, Earnhardt, Warlick, Parker.

Committee on Immigration

Senators: Crawford, Chairman; Dearman, Campen, Thomas,
Hestei', Dalton, Nichols, Halstead, Fountain, Penny.

Committee on Institutions for the Blind

Senators: Simms, Chairman; Jones, Gibbs, Thomas, Walker,
Moss, Nichols, Perry, Peterson.

Committee on Institutions for the Deaf

Senators: Wilson, Chairman; Warlick, Allsbrook, Halstead,
Price, Penny, Woodson, Dalton, Perry, Peterson.

Committee on Insurance

Senators: McKinnon, Chairman; Earnhardt, Webb, Little,
Fountain, Gass, Wilson, Pate, Eagles, Winslow, Ward, Phillips,



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