In case of a refusal to appear, or a refusal to testify, the following form of certificate may be used: "To Hon. "I, (Presiding Officer). chairman of the joint committee appointed to investigate , do hereby certify that has been duly subpoenaed to appear before said committee, as will fully appear by the writ served, and affidavit of service accompanying same, on file with the Chief Clerk of the Assembly. "I further certify that said has failed to appear before said committee, according to the exigency or mandate of said writ or subpoena. "Dated, Madison, 18-, at - o'clock. Upon which a warrant in the following form may be used: capital of the State, the in the commanding -, on the part "The State of Wisconsin to the Sergeant-at-Arms of the Assembly: It appeari: g that a writ of subpoena, directed to him to personally appear and attend before Messrs. of the Senate, and Messrs. , on the part of the Assembly, a joint committee appointed under a resolution of the Senate and Assembly, to investigate at the room of said committee, in the city of Madison, the day of, A. D. 18-, at the hour of noon, then and there, and from time to time, as required by said committee, to testify and give evidence upon the matter of inquiry before said committee has been issued, and that the said writ of subpoena was duly personally served upon the said on the day of—, A. D. 18-, and returned as provided in section one of an act entitled 'an act concerning evidence and witnesses,' approved February 3, 1857; and it further appearing by the certificate of the chairman of the said joint committee, that the said has failed or neglected to appear before the said committee in obedience to the mandate of the said subpoena; therefore, you are hereby commanded, in the name of the State of Wisconsin, to take the body of him, the said and bring him before the that he may testify and give evidence before the said committee, and answer for Hereof his contempt of the Assembly in not obeying the mandate of subpæna. fail not. SO "Given at the Chamber in the city of Madison aforesaid, this day of A. D. 18-. (Presiding Officer). "Chief Clerk of the To which the return, in ordinary cases, would be: "By virtue of the within process, I did, on the the body of day of -, 18-, arrest and took him before the committee within named, having refused to answer interrogatories propounded by said committee, I have him, by direction of said committee, now before the Assembly. and the said "Assembly chamber, 18-. "Sergeant-at-Arms of the Assembly." A resolution declaring the defaulter to be in contempt, is the next proceeding. The following form of such resolution was used at the session of 1858: "Resolved, that the neglect or failure of joint investigating committee composed of Messrs. and Messrs. to appear before the --, of the Senate, instant, as -, of the Assembly, in compliance with the mandate of the writ of subpoena of this Assembly, served upon him on the fully appears by the said writ and the affidavit of the service thereof indorsed thereon, now on file with the Chief Clerk of this House, be and the said neglect and failure is hereby declared a contempt of this House." This is followed by an interrogatory, as follows: "Int. 1.-Why did you not appear before the joint investigating committee as required by the mandate of the subpæna served upon you the inst.?" To which the defaulter pleads before judgment is inflicted. Another form is as follows: to answer the questions put to him by a member of the joint investigating committee, on the and which questions were certified to the House by instant, Chairman of said committee and are now in writing, on file with the Chief Clerk of the House, be, and the same is hereby declared a contempt of this House." Followed by the corresponding interrogatory: "Why did you not answer the question put or propounded to you on the instant, by a member of the joint investigating committee, of which is Chairman ?" In case the answer is satisfactory, the offender is discharged; if otherwise he is punished by reprimand, fine or imprisonment, or both; but such imprisonment cannot extend beyond the session of the Legislature. The report of a committee on investigation should consist of three parts: 1. The testimony taken. 2. 3. A statement of the facts proven thereby or conclusions derived therefrom. Resolutions, or a bill providing for the action which the Committee deem proper to be taken in the premises. To expel a member Quorums. "Two-thirds of all the members elected." Const., Art. IV, Sec. 8. To do any business, except to adjourn from day to day, and to compel the attendance of absent members "A majority." Const., Art. IV, Sec. 7. To cause the ayes and nays on any question to be entered on the journal"One-sixth of those present." Const., Art. IV, Sec. 20. To pass any bill which imposes, continues or renews a tax, or creates a debt or charge, or makes, continues or renews any appropriation of public trust money, or releases, discharges or commutes a claim or demand from the State"A majority of three-fifths." Const., Art. VIII, Sec. 8. To adjourn from day to day "A smaller number" (than a majority). Const., Art. IV, Sec. 7. To compel the attendance of absent members "A smaller number" (than a majority). Const., Art. IV, Sec. 7. To agree to an amendment of the Constitution "A majority of the members elected." Const., Art. XII, Sec. 1. To recommend a Constitutional Convention "A majority" (present). Const., Art. XII, Sec. 2. To contract a public debt "A majority of all the membersi elected." Const., Art. VIII, Sec. 6. To pass any bill, resolution or motion "A majority" of a quorum. RULES OF THE LEGISLATURE Adopted at the Session of 1907. It is much more material that there should be a rule to go by, than what that rule is; that there may be a uniformity of proceeding in business, not subject to the caprice of the speaker or captiousness of the members. It is very material that order, decency, and regularity be preserved in a dignified public body. 2 Hats., 149. MEETING, QUORUM, PRIVILEGES, ETC. 1. Hour for meeting. The hour for the meeting of the two houses shall be at 10 o'clock A. M., unless a different hour shall be prescribed by resolution. 2. Roll call, quorum. Before proceeding to business, the roll of the members in each house shall be called, and the names of those present and those absent shall be entered on the journal. A majority of all the members elected must be present to constitute a quorum for the transaction of business, a smaller number, however, can adjourn from time to time, and shall have power to compel the attendance of absent members. 3. Leave of absence. No member or officer of either house, unless from illness or other cause he shall be unable to attend, shall absent himself from the session during the entire day, without first having obtained leave of ab sence. 4. Privileges of house to contestants for seats. Contestants for seats shall have the privilege of the house until their respective cases are disposed of; the privilege to extend only so far as access to the chamber, during the time occupied in settling the contest. WHO MAY BE ADMITTED TO THE FLOOR. 5. Who may be admitted to the floor. Persons of the following classes, and no others, shall be admitted to that portion of the floor of the two houses reserved to the members during the session thereof, viz.: The governor, lieutenant governor, members of the legislature, state officers, regents of the university, regents of the normal schools, members of congress, judges of the supreme court and other courts, ex-members of the legislature, not engaged in defeating or promoting any pending legislation, all editors of newspapers within the state, and reporters for the press, who confine themselves to their professional duties, and such other persons as the presiding officer upon the order of the house may invite. 6. Disturbance in lobby. Whenever any disturbance or disorderly conduct shall occur in the lobby or gallery, the presiding officer shall have power to cause the same to be cleared of all persons except members and officers. 7. Reading and smoking during session. No member or officer of either house shall read newspapers within the bar of the house, or smoke therei while in session. PRESIDING OFFICERS. 8. Senate called to order by lieutenant governor. The lieutenant governor of the state, who by the 8th section of the 5th article of the constitution, is constituted ex-officio president of the senate, shall, when present, take the chair at the hour fixed for the meeting of the senate, when he shall call the senators to order, who shall thereupon take their seats, and remain with their heads uncovered, while the senate remains in session. 9. Pesident pro tem.; not excused from voting. The senate shall elect a president pro tempore, for the session, who shall possess all the powers and prerogatives of the president of the senate in the absence of the president, and in the absence or inability of the president pro tem. to preside, the president shall have the right to name any senator to perform the duties of the chair temporarily, and who shall be invested, during such time, with all the powers of the president; but no senator shall be excused from voting on any question by reason of his occupying the chair; nor shall such substitute's authority as presiding officer, except to the president pro tem., extend beyond a day's adjournment of the senate. 10. Speaker of the assembly. The assembly shall elect, viva voce, one of its members as presiding officer, who shall be styled speaker of the assembly, and who shall hold his office during one session. DUTIES OF PRESIDING OFFICER. 11. Duties of presiding officer. It shall be the general duty of the presiding officer: To open the session, at the time to which adjournment is taken, by taking the chair and calling the members to order; To announce the business before the house in the order in which it is to be acted upon; To receive and submit, in the proper manner, all motions and propositions presented by the members; To put to vote all questions which are regularly moved, or which necessarily arise in the course of proceedings, and to announce the result; To restrain the members while engaged in debate, within the rules of order; To enforce on all occasions the observance of order and decorum among the members; To inform the house, when necessary, or when referred to for that purpose, on any point of order or practice; To receive messages and other communications from other branches of the government, and to announce them to the house; To authenticate by his signature, when necessary, all the acts, orders and proceedings of the house over which he presides; To name the members, when directed to do so in a particular case, or when it is a part of his general duty by these rules, who are to serve on committees, and in general; To represent and stand for the body over which he presides, declaring its will, and in all things obeying its commands. Every officer of each house is subordinate to his presiding officer, and, in all that relates to the discharge of his several duties, is under his supervision. 12. Presiding officer to preserve order; appeal. The presiding officer shali preserve order and decorum; may speak to points of order in preference to others, rising from his seat for that purpose; and he shall decide questions of order, subject to an appeal by any member, on which appeal no member shall speak more than once, unless by leave of the house. On appeal being taken, the question shall be: "Shall the decision of the chair stand as the judgment of the house?" which question and the action thereon, shall be entered on the journal. 13. May call member to chair. The presiding officer may call a member to the chair, but such substitution shall not extend beyond an adjournment. 14. Temporary presiding officer. In the absence of the presiding officer, in either house, one of the members shall be elected to preside temporarily, until the return of the regular presiding officer. 15. Speaker to vote. The speaker of the assembly shall vote on the call of yeas and nays, and his name shall be recorded with these of the other memDers. |