Sherman Croswell New York (State). Legislature.

The Clerk's manual of rules, forms and laws for the regulation of business ... online

. (page 42 of 45)
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vote on the final passage of a bill appropriating public
moneys ox property, or creating, continuing, altering or
renewing any body politic or corporate, but all other
bills which may have been lost may be reconsidered by
:. majority of the Senators present and voting.

Whether the bill proposed to be reconsidered passed
or was rejected, the Assembly rule requires the same
vote to reconsider that the Constitution does to pass it.

The practice of the Senate is generally the same;
and is based on grounds obvious enough, when the
proposition is to undo what has once been constitu-
tionally done; and, if economy of time be taken into
account, quite as clear when the case is reversed.

Of the Printing of Bills, Documents, etc.
The State Printing Law prescribes what shall be
printed as of course, and what may be, by order of
either House and of the two Houses, etc., etc., and the

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634 Clebk's Manual.

distribution thereof. The provisions of the State Print-
ing Law relative to printing are fully set forth ante,

"All resolutions for printing extra copies of docu-
ments shall be referred to the Committee on Printing,
who shall report on each resolution within seven days
after such reference." — Assembly rule 16.

Of Proceedings in Joint Meetings of the Two Houses.

Joint meetings of the two Houses are always held in
the Assembly Chamber.

They are held for the purpose of comparing nomina-
tions for offices which are to be filled by the Legisla-
ture, each House acting independently of the other in.
making such nominations. •

The statute regulates the mode of proceeding in such
cases, and prescribes, also, the second Tuesday after the
meeting and organization of the Legislature as the day
on which the election of United States Senator or Sen-
ators shall take place.

Chapter twenty-one of the Laws of 1909 provides for
the election of a Commissioner of Education in the
sT,me manner as regents are now elected. Section 1081
of the Education Law provides that regents shall be
elected in the same manner as United States Senators,
except that the election takes place on or before the
fourteenth day of February in each year.

The two Houses, by joint resolution, agree in advance
upon the hour of the statutory day when they will pro-
ceed, respectively, to nominate United States Senators,
or upon the day and hour when they will proceed to
nominate other officers.

Upon the day thus prescribed or agreed on, after the
interchange of messages announcing the readiness of

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Clebk^s Manual. 635

each House to compare nominations, the Senate, pre-
ceded by its officers, enters the Assembly Chamber, the
mem'bers of the Assembly rising to receive them.

The Lieutenant-Governor or temporary President of
the Senate presides over these joint meetings, taking
his Beat on the right of the Speaker.

After announcing the purpose for which the two
Houses have met, he directs the Clerk of the Senate
to read from its Journal the record of its proceedings
and the result.

This being done, the Speaker directs the Clerk of the
Assembly to read from its Journal the record of its pro-
ceedings and the result.

If, on thus comparing the nominations made by the
two Houses, they are found to agree, the Lieutenant-
Governor announces the election of the person on
whom the two Houses have united. If they are found
to disagree, the matter is settled by joint ballot, the
Lieutenant-Governor naming two tellers on the part of
the Senate, and the Speaker two on the part of the
Assembly.

An election having been thus made, the Lieutenant-
Governor announces the result, and the business of the
joint meeting being accomplished, declares the meeting
dissolved. The Senate then retires.

The Speaker, upon the retirement of the Senate, an-
nounces the result of the joint meeting. The Lieuten-
ant-Governor, on resuming the chair in the Senate, also
announces such result.

" Whenever there shall be an election of officers by
the joint action of the two Houses, the result shall be
certified by the President of the Senate and Speaker of



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636 Clerk^s Manual.

the Assembly, and shall be , reported by the presiding
officer of each House to their respective Houses, and
be entered on the Journals of each, and shall be com-
municated to such official as the law may require "by
the Clerks of the two Houses.*' — Joint rule 6.

The only record of the result of a joint meeting of
the two Houses, for the election of officers, is to Be
found on the separate Journals of the two Houses.

These entries consist of a brief statement of the fact
that the two Houses, having met, pursuant to joint
resolution and the statute, to compare nominations for
such and such an office, they were found to agree to
such and euch a name, or to disagree, as the case may
be, and that the Lieutenant-Governor thereupon an-
nounced the election of the person upon whom the two
Houses had concurred ; or, in the event of a disagreement
between the two, that the joint meeting proceeded to
ballot, and that such and such a result was announced
by the Lieutenant-Governor in joint meeting; and that
such announcement was repeated by the Speaker, after
the Senate had retired, or by the President of the
Senate, on resuming his seat in the Senate Chamber.

But it may be remarked that, though the two Houses
may agree, by joint resolution, to proceed at a specified
time to nominate the officer or officers, to be elected
by the Legislature, it does not always happen that the
two Houses get together to compare nominations, and
because one House or the other may not be able to
effect a nomination by the requisite majority of all the
members present.

In such case, the election goes over for that day, and
until another day is agreed on for another trial.

But elections of United States Senators are regu-



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Clerk's Manual. 637

fated by act of Congress, and the day prescribed for
nomination in each House, and also for the two
Houses to meet in joint convention. This law pre-
vents either House, from any caprice, defeating a
joint meeting for the election of Senator, but malies
such joint session obligatory upon both Houses.

Election of United States Senators.
The following law has been enacted by Congress
in reference to the time and mode of choosing
United States Senators:

CHAPTER 245.

An Act to regulate the times and manner of holding
elections for Senators in Congress.
Be it enacted by the Senate and House of Repre-
sentatives of the United States of America, in Con-
gress assembled: That the Legislature of each State
which shall be chosen next preceding the expiration
of the time for which any Senator was elected to
represent said State in Congress, shall on the second
Tuesday after the meeting and organization thereof,
proceed to elect a Senator in Congress, in the place
of such Senator so going out of office, in the following
manner. Each House shall openly, by a viva voce
vote of each member present, name one person for
Senator in Congress from said State, and the name
of the person so voted for, who shall have a majority
of the whole number of votes cast in each House
shall be entered on the Journal of each House by
the Clerk or Secretary thereof; but if either House



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638 Clerk's Mattual.

shall fall to give such majority to any person on
said day, that fact shall be entered on the Journal.
At twelve o'clock, meridian, of the day following
that on which the proceedings are required to take
place, as aforesaid, the members of the two Houses
shall convene in joint assembly and the Journal of
each House shall then be read, and if the same per-
son shall have received a majority of all the votes
in each House, such person shall be declared duly
elected Senator to represent said State in the Con-
gress of the United States; but If the same person
shall not have received a majority of the votes in
each House, or if either House shall have failed to
take the proceedings as required by this act, the joint
assembly shall then proceed to choose, by a viva voce
vote of each member present, a person for the pur-
pose aforesaid, and the person having a majority of
all the votes of said joint assembly, a majority of all
the members elected to both Houses being present
and voting, shall be declared duly elected; and in
case no person shall receive such majority on the
first day, the joint assembly shall meet at twelve
o'clock, meridian, of each succeeding day during the
session of the Legislature, and tal^e at least one vote
until a Senator shall be elected.

§ 2. And be it further enacted. That whenever, on
the meeting of the Legislature of any State, a va-
cancy shall exist in the representation of such State
In the Senate of the United States, said Legislature
shall proceed, on the second Tuesday after the com-
mencement and organization of the session, to elect



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Clerk's Manual. 639

a person to fill such vacancy, in the manner harein-
before provided for the election of a Senator for a
full term; and if a vacancy shall happen during the
session of the Legislature, then on the second Tues-
day after the Legislature shall have been organized
and shall have noticfe of such vacancy.

§ 3. And be it further enacted, That it shall be
the duty of the Governor of the State from which
any Senator shall have been chosen, as aforesaid,
to certify his election, under the seal of the State, to
the President of the Senate of the United States,
which certificate shall be countersigned by the Sec-
retary of State of the State.

Approved July 25, 1866.

Under the law of Congress, as above, the Legisla-
ture last elected preceding the expiration of the term
of a Senator in Congress, shall, on the second Tues-
day after the meeting and organization thereof, pro-
ceed to elect a Senator. On that day each House
acts separately. In the case of a failure of either
House to effect a nomination by the requisite ma-
jority of all members present, it can continue to bal-
lot until a nomination is made, or abandon the effort
in the first ballot.

But the failure of either House to make a nomina-
tion does not delay or put off the joint session to
compare the worlj of the two Houses. On this point
the law of Congress is imperative. On the following
day (or second Wednesday after the organization),
at twelve o'clock, meridian, the two Houses must
convene in joint assembly, and the action of each

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640 Clebk's Manual.

House the day previous is then and there read to the
joint convention. If the two Houses fail to agree in
their nominations, the joint assembly shall proceed to
choose a Senator by viva voce Vote. In the event of a
failure to elect on the first day, the two Houses must
meet in joint session on each succeeding day of the
session, and take at least one vote on each day until an
election is accomplished.

Until an election is secured, the final adjournment
of the Legislature is the only way that the daily joint
session can be arrested.

The form of proceedings in joint session will be found
under the head of proceedings in joint meeting of the
two Houses.

On Joint Committees of Conference and Amendments
Between the Two Houses.

The mode of conducting conferences between the two
Houses on all matters of difference is prescribed by the
joint rules as follows:

In every case of difference between the two houses,
upon any subject of legislation, either house may request
a conference, and appoint a committee for that purpose,
and the other shall also appoint a committee to confer.
The committee shall meet at such hour and place as
shall be appointed by the chairman of the committee on
the part of the house requesting such conference. The
committee shall report in writing, and shall be author-
ized to report such modifications or amendments as
they think advisable. But no committee on conference
shall consider or report on any matter except those di-
rectly at issue between the two houses. The papers
shall be left with the conferees of the house assenting
to such conference, and they shall present the report of
the committee to their house. When such house shall
have acted thereon, it shall transmit the same, and the
papers relating thereto, to the other, with a message
certifying its action thereon. Every report of a com-
mittee of conference shall be read through, in each
house, before a vote is taken on the same. — Joint rule 2.

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Clerk's Manual. 641

It i^hall be in order for either house to recede from
any subject matter of difference existing between the
two houses at any time previous to conference, whether
the papers on which such difference arose are before the
house receding, formally or informally; and on such
vote to recede the same number shall be required to
constitute a quorum to act thereon, and to assent to
such receding, as was required on the original question
out of which the difference erose. — Joint rule 3.

In case of a failure of the conferees to agree, a report
of sucli disa^eement may be made and a further con-
ference may be had, either by the same or new com-
mittees appointed for such purpose. After each house
shall have refused conference and shall have adhered to
their disagreement, the bill which is the subject of
difference shall be deemed lost, and shall not be again
revived during the same session in either house. —
Joint rule 4.

All joint committees of the two houses, and all com-
mittees of conference, shall consist of three Senators and
five members of the Assembly, unless otherwise specially
ordered by concurrent resolution, and in voting, all
questions shall <be determined by the vote of the com-
mittee of each house taken separately. — Joint rule 5.

A proposition for a conference must come Irom the
House having possession of the papers. Thus:

A bill passed by one House is sent to the other for
concurrence. It comes back amended. The originating
House non-concur in the amendment. It is then com-
petent for tne originating House, before parting with the
papers, to request a conference, a difference having
arisen, and being matter of record.

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642 Clebk's Manual. \

It is also competent for the originating House to
simply non-concur and allow the bill and amend-
ments to be returned to the other House, giving the
latter an opportunity to recede from its amendments.

If the receiving House Insist on its amendment, it
can propose a conference, or it may first give the
originating House an opportunity to recede from its
vote of non-concurrence.

In this event, if the originating House insist on its
vote of non-concurrence. It may propose a conference.
If not, and if the receiving House adhere to its
amendment, it only remains for the originating House
to recede or adhere also. If it adhered to its vote of
non-concurrence, the bill is deemed to be lost, and
cannot be revived during the same session.

Either House in such a case, as has been stated,
may adhere without going through the intermediate
process of insisting; but such a course Is deemed dis-
respectful to the other.

The process of insisting may be repeated as long
as the two Houses choose to keep the question open;
but when one House adheres, the other must recede
or adhere.

It is the usual, and almost universal practice, when
the originating House non-concurs in the amend-
ments of the other House, to at once appoint a com-
mittee of conference and request a like committee
on the part of the House which has amended the
bill. The instances are very rare in which amend-
ments are non-concurred in and the bill returned



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Clebk's Manual. 64a

without a request for a committee of conference ac-
companying it.

Throughout these proceedings, whilst either House
may amend amendments from the other, neither can
modify what it has adopted and sent to the other,
but is committed to it until the action of a committee
of conference opens the matter anew by a compro-
mise.

But in amending amendments sent by one House
to the other, the same rule applies which governs
amendments in each; that is, it is inadmissible to go
beyond an amendment to an amendment, the propo-
sition of the amending 'House being regarded as the
starting point in the way of amendment.

So, also, a motion to amend an amendment from
either House takes precedence over the question of
agreeing to, or concurring in such amendments.

Where a committee of conference fails to agree,
the bill which is the subject of difference is disposed
of, unless another conference is proposed and acceded
to, which is not uncommon.

But, if a committee of conference agree to com-
promise, such compromise must be agreed to by the
requisite vote in both Houses, or the bill is lost.

The report of a conference committee must be
in writing and signed by those agreeing thereto, and
must have the signatures of a majority of the repre-
sentatives of each House. The report should be first
made to and acted on by the House assenting
to the conference. If agreed to, it is then passed
upon by the other House. If not agreed to by either



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644 Clerk's Manual.

House, a further conference may be had, or either
House may recede from its position and agree with
the other. No matters other than those of disagree-
ment directly at issue between the two Houses can
be considered, and the report of the committee can-
not be amended. It must be accepted or rejected as
it stands. A conference report has precedence over
any other business, and in the Congress of the United
States is privileged even against a motion to adjourn,
and may be read at any time except when the Journal
is being read, the roll called or the House dividing.

Miscellaneous Provisions — Senate Kules.

" None but the President, Senators and Clerks shall
be allowed to take books belonging to the Senate Li-
brary; and on taking books each of the persons above
mentioned shall furnish to the Librarian a list of
those taken, and his name, and shall be responsible
for them; and it shall be the duty of the Librarian
to have a book in which he shall enter the delivery
of the books so taken and their return; and it shall
be his duty to see that the books in the Library are
kept in order and in their place at the opening of
each morning session.'* — Senate rule 41.

" It shall be the duty of the Superintendent of
Documents and his assistant to have the documents
and bills promptly placed upon the files of the Pres-
ident and Senators in the order of their numbers,
and it shall be the duty of the Postmaster to see
that the mails are punctually delivered.**— Senate
rule 42.



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Clebk's Manual. 645

" Whenever a claim is referred to a committee, and
the committee reports that the claim ought not to
be allowed, and the report be adopted by the Senate,
it shall not be in order to move to take the papers
from the files for the purpose of referring them to
a subsequent session, unless the claimants shall pre-
sent a memorial for that purpose, stating in what
manner the committee have erred in the report, or
that new evidence had been discovered since the re-
port, and setting forth the same in the memorial."—
Senate rule 45.

" The Sergeant-at-Arms, except when absent in the
discharge of his duties, shall be in constant attend-
ance upon the sessions of the Senate, and, under
the direction of the President, aid in enforcing order
on the floor of the Senate, in the lobbies and in the
rooms adjoining to the Senate Chamber, and also to
see that no person remains on the floor unless enti-
tled to the privileges of the same."— Senate rule 5.

" In all cases of the absence of members during
the sessions of the Senate, the members present shall
take such measures as they shall deem necessary to
secure their presence, and in addition to suspension
for a given period, may inflict such censure or
penalty as they may deem just on those who shall
not render suflicient excuse for their absence."—
Subdivision 7 of Senate rule 6.

"All resolutions calling for the expenditure of
moneys must be decided by a majority vote of all the
members elected to the Senate upon a call of the
roll."- Senate rule 46.



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INDEX TO CLERK'S MANUAL.



A. Page.

Adjourn, and rise and report progress 617

Adjournment and recess 619

Amendments 613

Appeals from decision of chair 693

Arrest, exemption of members and officers from 622

Assembly, adjournment and recess 619

amendments 613

appeals from decision of chair 693

arrest, exemption of members and officers from 622

bills, duties of members after introduction 627

first reading 631

how to prepare 622

introduction of 624

laid aside 540

numbers of 486

printing of 633

proceeding on, after passage 540

proceeding on, after passage by Senate 541

process of passing 527

progress between second and third reading 532

recalled from governor 542

recalled from mayor 542

recalled from senate 541

reference of 525

second reading 532

suspension of rules on 528

third reading 533

business, order of 569, 598

unfinished 589

call of the house 624

clerk, duties of 477

committee clerks and committee reports 485

instruction for 485

reports, forms for 496

committees, minority report 517, 583

powers and duties of 573

procedure in 490

select, reports of 583

standing, reports of 578

debate, order in 597

647



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648 Clebk's Manual.

Assembly — Continued. Page.

document room 480

doorkeepers, duties of 479

financial clerk 475

floor, admission to 628

governor, veto by 627

index department 484

janitors, duties of 481

journal, approval and correction of 564, 568

what to contain 564

members, absolute rights of 620

motions and resolutions 586

order, and decorum 594

duties of certain officers to preserve 482

in debate •• 597

question of 597

pa|)ers, reading of 621

I)etitions, presentation of 571

to be indorsed 572

postmasters, duties of 480

postponement of question 620

privilege of members and officers 622

previous question 605

quorum, vote taken in absence of 562

what constitutes 561

recess 619

reconsideration of votes 631

resolutions and motions 586

rules, suspension of 528

sergeant -at-arms, duties of 478

speaker, duties of 477, 590

special orders 589

stenographers, duties of 478

supermtendent of documents, duties of 481

veto, proceedings thereon 627

votes, change of 699

reconsideration of 617, 631

vote, tie 599

voting, rules relative to 698



B.

Bills, duties of members after introduction 527

first reading 531

how to prepare 522

introduction of 524

laid aside 540

numbers of 486

printing of 633

proceeding on, after passage by assembly 540



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Clebk's Manual, 649

Bills — Continued, Page.

proceeding on, after passage by senate 541

process of passing 527

progress between second and third reading 532

recalled from governor 542

recalled from mayor 542

recalled from senate 541

reference of 525

relating to cities 543

second reading 532

suspension of rules on 528

third reading .x 533

Business, order of 669, 598

priority of 609

unfinished 589



C.

Call of the house 624

Clerk of assembly, duties of 477

City bills, repassage over mayor's veto 544

Co-existing questions 604

Commissioner of education, election of 634

Committee clerks and committee reports 485

instructions for 485

Committee of conference 517, 640

of the whole, forms and proceedings in 546

reports of, and action of senate thereon 557

reports, forms for 496

standing and select 573

to wait upon governor 472

to wait upon senate 471

Committees, minority report 517, 583

powers and duties of 573

procedure in 490

select, reports of 583

standing reports of 578

Compensation, no extra allowance 476

oflBcers and members 474

Conference committee 517, 640

Constitution, resolutions amending 586

Contempts of either house, punishable 623



D.

Debate, closing of 610

order in 597

Division of questions 606



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650 Clerk's Manual.

Document room 480

Doorkeepers, duties of 479

E.

Equivalent questions 60S

Executive session 629

F.

Files, calling papers from 545

Financial clerk of assembly 475

Floor, admission to 628

O.

General orders In senate 559

Governor, messages from 683

veto oy 627

I.

Index department, assembly 484

J.

Janitors, duties of 481

Joint session, proceedings in 634



Online LibrarySherman Croswell New York (State). LegislatureThe Clerk's manual of rules, forms and laws for the regulation of business ... → online text (page 42 of 45)