56. Form of Previous Question-Call of Senate. The previous question shall be put in this form: "Shall the question be now put?" It shall only be admitted when demanded by a majority of the Senators present upon division; and its effect shall be to put an end to all debate and bring the Senate to a vote on the subject under discussion. On a motion for the previous question, and prior to a vote being taken by the Senate, a call of the Senate shall be in order. 57. Ayes and Noes; Members Must Answer-No Vote After Announcement of Vote. When the ayes and noes shall be called for by three members present, every member within the bar of the Senate at the time the question was put shall declare openly, and without debate, his assent or dissent to the question. In taking the ayes and noes, and upon the call of the Senate, the names of the Senators shall be taken alphabetically. When the ayes and noes shall be taken upon any question in pursuance of this rule, no Senator shall be permitted, under any circumstances whatever, to vote after the announcement of the vote by the presiding officer. 58. Rules in Senate and Committee of the Whole. The rules of the Senate shall be observed in Committee of the Whole, so far as may be applicable, except limiting the number of times a Senator may speak, and except that the ayes and noes shall not be taken. 59. Suspending and Changing Rules. No standing rule or order of the Senate shall be rescinded or changed without a vote of two thirds of the members-elect, and one day's notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two thirds of the Senators-elect, except that portion of Rule 27 relating to the final passage of bills. All proposed amendments to these rules shall be referred to the Committee on Rules, without debate. 60. Executive Session. On a motion, made and seconded, to close the doors of the Senate on the discussion of any business which may, in the opinion of the Senate, require an executive session, the President shall require all persons, except the Senators, President of Senate, Secre tary, Sergeant-at-Arms, and Doorkeeper to withdraw, and during the discussion of said motion the doors shall remain closed; and every member and officer of the Senate shall keep secret all such matters, proceedings, and things whereof secrecy shall be enjoined by order of the Senate. 61. Messengers-When Introduced. Messengers may be introduced at any stage of business, except while a question is being put, while the ayes or noes are being called, while the ballots are being counted, or while a Senator is addressing the Senate. 62. Smoking. No smoking shall be allowed within the Senate Chamber. 63. Cases Not Provided for, Cushing to Govern. In all cases not provided for by these rules, the Senate shall be governed by the laws and practice as laid down in Cushing's Law and Practice of Legislative Assemblies. CARTER, Chairman. SPECIAL ORDER SET. On motion of Senator Carter, the consideration of the above report was made a special order for Friday, January 6, 1905, at the pleasure of the Senate. ADJOURNMENT. At twelve o'clock and twenty-five minutes P. M., on motion of Senator Wolfe, and in accordance with Assembly Concurrent Resolution No. 1, adopted this day, the Senate was declared adjourned until Friday, January 6, 1905, at eleven o'clock A. M., out of respect to the memory of the late Hon. Walter S. Melick, a former member of the Assembly of the State of California. Pursuant to adjournment, the Senate met at eleven o'clock A. M. Lieutenant-Governor Alden Anderson, President of the Senate, in the chair. The roll was called, and the following answered to their names: Senators Anderson, Belshaw, Broughton, Bunkers, Carter, Coggins, Diggs, French, Greenwell, Hahn, Haskins, Irish, Keane, Leavitt, Leeke, Lukens, Lynch, Markey, Mattos, McKee, Muenter, Nelson, Ralston, Rambo, Rowell, Rush, Savage, Selvage, Shortridge, Ward, Welch, Wolfe, Woodward, and Wright-34. Quorum present. PRAYER. Prayer by the Chaplain, Rev. W. S. Hoskinson. READING OF THE JOURNAL. During the reading of the Journal of Thursday, January 5, 1905, the further reading was dispensed with, on motion of Senator Mattos. RESOLUTION. The following resolution was offered: By Senator Belshaw: Resolved, That each member of the Senate be and he is hereby allowed $25 for contingent expenses, as provided by the Constitution, payable out of the appropriation for the contingent expenses of the Senate. Resolution read, and referred to Committee on Contingent Expenses and Mileage. MESSAGE FROM THE ASSEMBLY. On motion of Senator Belshaw, the following message from the Assembly was taken up and read: ASSEMBLY CHAMBER, SACRAMENTO, January 5, 1905. MR. PRESIDENT: I am directed to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 2-Relative to a committee of three from each house being appointed to meet to-day, and report to-morrow morning, a resolution upon the question of the preparation and printing of bills. CLIO LLOYD, Chief Clerk of the Assembly. Senate Concurrent Resolution No. 2 ordered to enrollment. RESOLUTIONS. The following resolutions were offered: By Senator Muenter: Resolved, That requisitions on the Secretary of State for stationery be limited to $30 each for the Committee on Finance and Judiciary, and to $10 each for all other standing committees; each committee requisition to be signed by the chairman thereof. Resolution read, and referred to Committee on Contingent Expenses and Mileage. By Senator Nelson: Resolved, That the Secretary of State is hereby directed to close the contingent expense accounts of the Senators, and forthwith transmit a statement of the same to the State Controller; and the Controller is hereby directed to draw his warrant in favor of each Senator for the amount remaining in his account, and the Treasurer directed to pay the same. Resolution read, and referred to Committee on Contingent Expenses and Mileage. RESOLUTION RECALLED FROM COMMITTEE. On motion of Senator Muenter, the following resolution, offered on Wednesday, January 4, 1905, was recalled from committee for the purpose of immediate consideration: Resolved, That the Sergeant-at-Arms of the Senate, or the bookkeeper to the Sergeantat-Arms, be and they are hereby authorized to receipt to the Controller for all warrants for payments to members, officers, and attachés of the Senate. Resolution having been recalled from committee. CONSIDERATION OF SPECIAL ORDER. The special order set for this day, at the pleasure of the Senate, being the consideration of the report of the Committee on Rules, the same was, on motion of Senator Carter, taken up for consideration. REPORT OF COMMITTEE ON RULES. SENATE CHAMBER, SACRAMENTO, January 5, 1905. MR. PRESIDENT: The Committee on Rules respectfully report the following as the Standing Rules of the Senate for the thirty-sixth session, and recommend their adoption: STANDING RULES OF THE SENATE. 1. Time of Meeting of Senate. The sessions of the Senate shall be daily (Sundays excepted), beginning at 10 o'clock A. M., and after Monday, January 23, 1905, a recess shall be taken at 12:30 P. M. to 2 P. M., unless otherwise ordered by vote of the Senate. 2. Calling to Order. The President, the President pro tem., or the senior member present, shall call the Senate to order at the hour stated, and if a quorum be present proceed with the order of business. 3. Order of Business. 1. Roll Call. 2. Prayer by the Chaplain. 3. Reading and Approval of the Journal of the preceding day. 4. Presentation of Petitions. 5. Messages from the Assembly. 6. Messages from the Governor. 7. Motions, Resolutions, and Notices. 8. Reports of Standing Committees. 9. Reports of Select Committees. 10. Introduction and First Reading of Bills. 11. Consideration of Daily File. 12. Unfinished Business. 13. Special Orders of the Day. Reports from the Committee on Enrolled and Engrossed Bills shall at all times be in order; provided, that the messages from State officers, other than the Governor, and from the Assembly, may, on motion of any Senator, be considered at any time. 4. President-His Powers and Prerogatives. The rooms, passages, and buildings set apart for the use of the Senate shall be under the control and direction of the President of the Senate, and he shall have the control and direction of the journals, papers, and bills of the Senate. He shall see that all offi cers of the Senate perform their respective duties, and may assign places to reporters. 5. President May Order Lobbies Cleared. In case of a disturbance or disorderly conduct in the lobbies, the President (or Chairman of the Committee of the Whole) shall have power to order the same cleared. 6. President May Call Senators to the Chair. The President shall have the right to name any Senator to perform the duties of the Chair, who is hereby vested, during such time, with all the powers of the President; but such substitute shall not lose the right of voting on any question while so presiding. 7. Appointment of Committees. All standing committees of the Senate shall be named by the President of the Senate unless otherwise ordered, and the first named shall be the chairman thereof. All other committees shall be appointed in such manner as the Senate shall determine. 8. Standing Committees. The following standing committees shall be appointed by the President of the Senate: 1. Agriculture and Dairying, seven members. 2. Banking, seven members. 3. Code Revision, seven members. 4. Commerce and Navigation, nine members. 5. Commissions and Retrenchment, seven members. 6. Contingent Expenses, three members. 7. Corporations, eleven members. 8. County Government, nine members. 9 Constitutional Amendments, seven members. 10. Drainage, Swamp and Overflowed Lands, nine members. 11. Elections and Election Laws, nine members. 12. Education, eleven members. 13. Engrossment and Enrollment, three members. 14. Executive Communications, five members. 15. Federal Relations, three members. 16. Finance, thirteen members. 17. Fish and Game, nine members. 18. Forestry and Water Preservation, nine members. 19. Fruit and Vine Interests, nine members. 20. Hospitals and Asylums, eleven members. 21. Irrigation, nine members. 22. Judiciary, twenty members. 23. Labor, Capital, and Immigration, nine members. 24. Library, seven members. 25. Manufactures and Oil Industry, nine members. 26. Military Affairs, five members. 27. Mines and Mining, seven members. 2. Municipal Corporations, seven members. 29. Printing, three members. 30. Prisons and Reformatories, nine members. 31. Public Buildings and Grounds, nine members. 32. Public Health and Quarantine, five members. 33. Public Morals, five members. 34. Roads and Highways, nine members. 35. Rules, five members. 36. Revenue and Taxation, nine members. 9. President pro tem.-His Powers and Privileges. The President pro tem. shall, in the absence of the President, take the chair and call the Senate to order at the hour of the meetings of the Senate, and have the same power as the President; but the President pro tem. shall vote only as any other member of the Senate. 10. The Duties of Secretary. 1. It shall be the duty of the Secretary of the Senate to attend every session, call the roll, read all bills, amendments, resolutions, and all papers ordered read by the Senate or the presiding officer. 2. To superintend all copying and work to be done for the Senate. To have supervision over all attachés and employés of the Senate. To certify to, and transmit to the Assembly all bills, resolutions, and papers requiring the concurrence of the Assembly, immediately after their passage or adoption by the Senate. 3. To keep a correct journal of the proceedings of the Senate. 4. To notify the Assembly of the action by the Senate on all matters originating in the Assembly, and requiring action on the part of the Senate. 5. To permit no papers or records belonging to the Senate to be taken out of its custody otherwise than in the regular course of business. 6. To assign to the attachés and employés the duties pertaining to their offices. 11. No Records or Papers to be Taken from Desk. The Secretary of the Senate shall not suffer any records or papers to be taken from the desk, or out of his custody, by any person except a chairman of a committee; but he shall deliver any bill or paper to be printed to the Superintendent of State Printing, and all bills ordered engrossed or enrolled to the Committee on Engrossment and Enrollment, and take their receipt therefor. 12. Sergeant-at-Arms. A Sergeant-at-Arms shall be elected, to hold his office during the pleasure of the Senate, whose duty it shall be to attend the Senate during all its sittings, to execute the commands of the Senate, from time to time, together with all such process issued by authority thereof as shall be directed to him by the President. The actual expenses of the Sergeant-at-Arms, for every arrest, for each day's custody and releasement, and the traveling expense for himself and special messenger, going and returning, shall be paid out of the Contingent Fund, and no other fees shall be paid him beyond his per diem. It shall be the duty of the Sergeant-at-Arms to keep the accounts for pay and mileage of Senators, to prepare checks, and, if required to do so, draw the money on such checks for the Senators (the same being previously signed by the President, and indorsed by the Senator, or person to whom check is made), and pay over the same to the Senator or person entitled "thereto. 13. Printed Bills, etc., Must be Placed on Desks. The Sergeant-at-Arms shall place copies of all bills, joint and concurrent resolutions, and constitutional amendments, when printed, on the desks of Senators at least one hour previous to the opening of session. 14. Doorkeeper. It shall be the duty of the Doorkeeper to prohibit all persons, except Senators, ex-Senators, members of the Assembly, State officers, officers of the two houses, and such reporters as have seats assigned to them by the President, from coming within the bar of the Senate, unless upon written invitation of the President or a Senator; provided, that no visitor shall be allowed upon the floor of the Senate during a session. The Sergeant-at-Arms is authorized to arrest for contempt all persons outside the bar, or in the gallery, found engaged in loud conversation, or otherwise making a noise to the disturbance of the Senate. 15. Attendance, Duties, and Obligations of Senators. No Senator shall absent himself from the service of the Senate without leave first obtained. A less number than a quorum of the Senate is hereby authorized to send the Sergeant-at-Arms, or any other person, for any and all absent Senators, as the majority of such Senators present shall agree, at the expense of such absent Senators, respectively, unless such excuse for non-attendance shall be made as the Senate, when a quorum is convened, shall judge sufficient, and in that case the expense shall be paid out of the Contingent Fund of the Senate; and this rule shall apply as well to the first convention of the Senate, at the legal time of meeting, as to each day of the session after the hour has arrived to which the Senate stood adjourned. The President or acting President of the Senate, or less than a quorum thereof, shall have the power to issue process directed to the Sergeant at-Arms, or to any other person, to compel the attendance of Senators absent without leave. Any Senator who shall refuse to obey such process, unless sick or unable to attend, shall be deemed guilty of a contempt of the Senate, and the Sergeantat-Arms, or any other person to whom such process may be directed, shall have power to use such force as may be necessary to compel the attendance of such absent Senator, and for this purpose he may command the force of the county, or of any county in the State. 16. Senators Must Address the President. 1. When a Senator desires to address the Senate he shall rise in his place, address the President, and when recognized he shall proceed to speak. 2. No Senator shall speak more than twice in any one debate on the same day and at the same stage of the bill, without leave; and Senators who have once spoken shall not again be entitled to the floor (except for explanation), so long as any Senator who has not spoken desires to speak. 3. No Senator shall be interrupted when speaking, and no questions shall be asked him, except those directed through the presiding officer. 4. The author of a bill, motion, or resolution shall have the privilege of closing the debate. 17. The Senator Entitled to Floor. When two or more Senators arise at the same time to address the Senate, the presid ing officer shall designate the Senator who is entitled to the floor. 18. Senator, When Called to Order, Must Sit Down. When a Senator shall be called to order he shall sit down until the President shall have determined whether he is in order or not; and every question of order shall be |