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; 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 of 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 Sergeant-at-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. V.-ORDER OF BUSINESS. After the reading and approving of the Journal, the order of business shall be as follows: 1. Presentation of Petitions. 2. Reports of Standing Committees. 3. Reports of Select Committees. 4. Messages from the Governor. 5. Messages from the Assembly. 6. Introduction of Bills. 7. Special File. 8. Third Reading of Bills. 9. Second Reading of Bills. 10. Motions, Resolutions, and Notices. 11. First Reading of Bills. 12. Unfinished Business of the preceding day. 13. Special Orders of the day. 14. Reports from the Committee on Enrollment and on Engrossment shall at all times be in order; provided, that the messages from the Governor, State officers, and from the Assembly may, on motion of any Senator, be considered at any time. VI. INTRODUCTION AND READING OF BIlls. Any Senator desiring to introduce a bill, shall rise in his place and address the President, and upon being recognized, shall present the same; and the title shall be announced from the Secretary's desk, when it shall be referred to a standing committee, and be printed, and a copy be placed on each member's desk. Every bill shall be read on three several days previous to its passage, unless, in case of urgency, two thirds of the Senate shall, by vote of ayes and noes, dispense with this provision, and the last reading shall be at length. The President shall give notice at each reading whether it be the first, second, or third, and no bill shall be read at either reading until the Senate has so determined by a vote. Joint and concurrent resolutions shall be read but once, unless the Senate, by a majority vote of all the Senators present, otherwise directs. VII. THE GENERAL FILE; ITS HOURS-SPECIAL ORDER OF BILLS ON FILE. The General File shall be the special order for each day from two o'clock until three o'clock and thirty minutes P. M., unless sooner disposed of; but no bill shall lose its place upon the file by expiration of the time or by adjournment of the Senate while it is under consideration; and this order shall take precedence of all others. VII. CLERKS OF COMMITTEES. 1. (Room 16)-Clerk of Committee on Agriculture, Viniculture, and Viticulture-M. G. Fraser. 2. (Room 13)-Clerk of Committee on Corporations-Miss Ida Sanford. 3. (Room 13)-Clerk of Committee on Claims-Z. F. Wheaton. 4. (Room 57)-Clerk of Committee on Education and Public Morals-P. M. Fisher. 5. (Room 57)-Clerk of Committee on Finance-L. Du Jardin. 6. (Room 55)-Clerk of Committee on Hospitals -M. W. Simpson. 7. (Room 16)-Clerk of Committee on Irrigation and Water Rights-H. A. Campbell. 8. (Room 41)-Clerks of Committee on Judiciary-W. F. George and N. C. Hanscomb. 9. (Room 13)-Clerk of Committee on Mines, Drainage, and Mining Debris-Mrs. A. B. Campbell. 10. (Room 16)--Clerk of Committee on Commerce and Navigation-Jos. F. O'Berine. 11. (Room 13)-Clerk of Committee on Constitutional Amendments, and Banks and Banking-A. D. Crandall. 12. (Room 14)-Clerk of Committee on Forestry, Yosemite Valley, Mariposa Big Trees, Fish, and Game-Miss L. Stoffles. 13. (Room 57)-Clerk of Committee on Harbors, Rivers, and Coast Defenses-Thos. H. Whitney. 14. (Room 57)-Clerk of Committee on Public Buildings other than Prison Buildings -Miss H. Woods. 15. (Room 14)-Clerk of Committee on Public, Swamp, and Overflowed Lands-W. M. 16. (Room 55)-Clerk of Committee on Labor and Capital-C. W. Adams. 17. (Room 55)-Clerk of Committee on Attachés and Contingent Expenses-E. F. Mitchell. 18. (Room 16)-Clerk of Committee on Apportionment and Representation-F. P. Kelly." 19. (Room 57)-Clerk of Committee on City, City and County, and Town Governments -H. A. Melvin. 20. (Room 16)-Clerk of Committee on Counties, County Government, and Township Organization-J. C. Crooks. 21. (Room 13)-Clerk of Committee on Elections-Miss Gertrude Berding. 22. (Room 57)-Clerk of Committee on Enrolled and Engrossed Bills-Chas. H. Ragsdale. 23. (Room 14)-Clerk of Committee on Federal Relations and Immigration-Mrs. Geo. Baum. 24. (Room 55)—Clerk of Committee on Military Affairs-Miss E. Burks. 27. (Room, State Library)-Clerk of Committee on State Library and Rules-R. C. Walsh. 28. (Room 16)-Clerk of Committee on State Prisons and Prison Buildings-T. G. Peachy. VIII. ORDER MAKING SPECIAL FILE. The Secretary shall, from time to time, make up a file to be known as the Special File, on which he shall place bills relating to appropriations for the support of the State Government and State institutions, revenue, and constitutional amendments, in the order named, and in the order in which the same may be reported to the Senate, and he shall place no other bills thereon. VIII. Senate bills, or bills that have passed the Assembly and have been acted upon favorably by the proper Senate committee, to the passage of which there is no objection, may, on Thursday of each week, be called up as a special order, immediately after roll call, and may be passed the several readings under a suspension of the constitutional provision; and a motion to suspend such provision shall be in order. If any ten Senators shall object to the consideration of any bill under this rule, such bill shall be set aside, retaining its position on the file, and shall not be considered that day. IX. SECRETARY TO POST GENERAL FILE DAILY. The Secretary shall post each morning, in a conspicuous place, and place upon the desk of each Senator, a list of all bills upon the General File, giving their order, and also setting forth their number, and so much of their title as necessary to enable the Senators to understand their general purport. X.-ENGROSSED BILLS TO BE EXAMINED AND REPORTED. All bills, amendments, and resolutions, after being engrossed, in pursuance of the order of the Senate, shall be carefully examined and reported back by the Committee on Engrossed Bills, the engrossed copy to be transmitted to the Assembly, with the proper indorsements, and the original retained by the Senate. XI.-ENGROSSED BILLS HAVE PREFERENCE. All bills, after the second reading (if the same be not committed, then upon being reported), shall be placed upon a General File, and shall be taken up for consideration and passage in the order of their being placed on the file; provided, that engrossed bills shall take precedence of bills not engrossed. XII. AMENDMENTS AND SUBSTITUTES. Substitutes may be offered at any time when a bill or resolution is open to amendment, previous to engrossment, and when adopted shall take the place of the original bill or resolution, and shall be open to amendment. XIII. AMENDMENTS AND SUBSTITUTES MUST BE GERMANE. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment or substitute. XIV.-LEAST SUM AND SHORTEST TIME IN FILLING BLANKS. In filling up blanks, the least sum or number and the shortest time shall be put first. XV. SHORT OF FINAL QUESTION, TWO-THIRDS VOTE NOT REQUISITE ON PROPOSITIONS TO AMEND CONSTITUTION. When an amendment to the Constitution, or any bill requiring the concurrence of two thirds of the Senators, is under consideration, the concurrence of two thirds shall not be required to decide any question for amendment, or extending to the merits, being short of the final question. XVI. STANDING COMMITTEES. The following Standing Committees shall be appointed: 1. Committee on Agriculture, Viniculture, and Viticulture, to consist of nine mem bers. 2. Committee on Apportionment and Representation, to consist of nine members. 3. Committee on City, City and County, and Town Governments, to consist of nine members. 4. Committee on Commerce and Navigation, to consist of seven members. 5. Committee on Constitutional Amendments and Banks and Banking, to consist of seven members. 6. Committee on Corporations, to consist of eleven members. 7. Committee on Claims, to consist of seven members. 8. Committee on Counties, County Government, and Township Organization, to consist of nine members. 9. Committee on Education and Public Morals, to consist of seven members. 10. Committee on Elections, to consist of seven members. 11. Committee on Enrolled and Engrossed Bills, to consist of seven members. 12. Committee on Federal Relations and Immigration, to consist of seven members. 13. Committee on Finance, to consist of seven members. 14. Committee on Forestry, Yosemite Valley, and Mariposa Big Tree Grove, and Fish and Game, to consist of five members. 15. Committee on Harbors, Rivers, and Coast Defenses, to consist of five members. 16. Committee on Hospitals, to consist of five members. 17. Committee on Irrigation and Water Rights, to consist of thirteen members. 18. Committee on Judiciary, to consist of eleven members. 19. Committee on Labor and Capital, to consist of nine members. 20. Committee on Mines, Drainage, and Mining Debris, to consist of seven members. 21. Committee on Military Affairs, to consist of seven members. 22. Committee on Public Buildings other than Prison Buildings, to consist of eleven members. 23. Committee on Public Printing. to consist of three members. 24. Committee on Public and Swamp and Overflowed Lands, to consist of five members. 25. Committee on Roads and Highways, to consist of seven members. 26. Committee on State Library, and on Rules, to consist of three members. 27. Committee on State Prisons and Prison Buildings, to consist of nine members. 28. Committee on Attachés, Contingent Expenses, and Mileage, to consist of five members. XVI. No leave of absence shall be granted to any greater number than three of any standing or special committee, for the purpose of visiting any public building or institution, except by a two-thirds vote of the entire Senate. XVII. COMMITTEES APPOINTED BY THE PRESIDENT PRO TEM. OF THE SENATE. All committees of the Senate, standing and special, and all joint committees on the part thereof, shall be appointed by the President pro tem. of the Senate, unless otherwise specially ordered. XVIII. CLERKSHIPS OF COMMITTEES. No special or standing committee shall elect a Clerk or Sergeant-at-Arms without permission of the Senate. XIX.-ORDER OF QUESTIONS ON MOTION TO REFER. When a resolution shall be offered, or a motion made to refer any subject, and a different committee shall be proposed, the question shall be taken in the following order: 1. The Committee of the Whole Senate. 2. A Standing Committee. 3. A Select Committee. XX. CLAIMS ON CONTINGENT FUND MUST GO TO THE COMMITTEE ON CONTINGENT EXPENSES. No claim shall be paid out of the Contingent Fund of the Senate until the same shall have been referred to and reported on by the Committee on Contingent Expenses. XXI.-ORDER OF PRIVILEGED QUESTIONS UNDER DEBATE. When a question is under debate, no motion shall be received but the following privileged questions, which shall have precedence in the following order: 1. To adjourn. 2. For a call of the Senate. 3. To lay on the table. 4. To postpone to a day certain. 5. To cominit. 6. To amend. 7. To postpone indefinitely. XXII.-MOTION NOT TO BE DEBATED UNTIL SECONDED AND ANNOUNCED. No motion shall be debated until the same be seconded and distinctly announced by the President; and it shall be reduced to writing, if desired by the President or any Senator, and read by the Secretary before the same shall be debated. A motion may be withdrawn at any time before amendment. XXIII. READING OF A PAPER, IF OBJECTED TO, DETERMINED WITHOUT DEBATE. 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 a vote of the Senate without debate. But this rule is not applicable to any bill, resolution, amendment, or other proposition which may be at the time directly under consideration. XXIV. SENATORS MUST ADDRESS THE PRESIDENT. Every Senator, when he speaks, shall, standing in his place, address the President, and when he has finished he shall sit down. 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) to the exclusion of another who has not spoken. XXV. THE SENATOR ENTITLED TO FLOOR. When two or more Senators rise at once, the President shall name the Senator who is to speak first. XXVI. 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 decided by the President, subject to an appeal to the Senate by any Senator. If a Senator be called to order for words spoken, the exceptional language shall immediately be taken down in writing. XXVII.-FINAL QUESTION ON SECOND READING OF BILLS-NO AMENDMENT ON THIRD READING, BUT MAY COMMIT. The final question on the second reading of every bill originating in the Senate, and requiring three readings previous to being passed, shall be: Shall the bill be engrossed and read a third time?" And no amendment shall be received for discussion at the third reading of any bill, but it shall at all times be in order, before the final passage of such bill, to move its commitment under special instructions. XXVIII. 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 decision is announced from the Chair. XXIX.-NOTICE OF RECONSIDERATION. On the day succeeding that on which a final vote on any bill or resolution has been taken, said vote may be reconsidered on the motion of any Senator; provided, notice of intention to move such reconsideration shall have been given on the day on which such final vote was taken by a Senator voting with the majority; and it shall not be in order for any Senator to move a reconsideration on the day on which such final vote was taken. Said motion of reconsideration shall have precedence over every other motion, except a motion to adjourn. No notice of reconsideration shall be in order on the day preceding the last day of the session. XXX.-SECRETARY, UPON NOTICE OF RECONSIDERATION, NOT TO REPORT BILL TO ASSEMBLY. If a Senator gives notice that he intends to move a reconsideration, the Secretary shall not report the bill or resolution to the Assembly till the reconsideration is disposed of, or the time for moving the same has expired. XXXI.-TITLES OF BILLS MUST BE IN JOURNAL. The titles of bills, and such parts thereof only as shall be affected by proposed amendments, shall be inserted in the Journal. XXXII.—WHEN NOT IN COMMITTEE OF THE WHOLE, PROCEEDINGS MUST BE ENTERED IN JOURNAL VOTES ALWAYS ENTERED. The proceedings of the Senate, when not acting as Committee of the Whole, shall be entered on the Journal as concisely as possible, care being taken to record a true and accurate account of the proceedings; but every vote of the Senate shall be entered on the Journal, and a brief statement of the contents of each petition, memorial, or paper presented to the Senate, shall also be inserted in the Journal. XXXIII.-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 of speaking, and except that the ayes and noes shall not be taken. XXXIV. CASES NOT PROVIDED FOR, CUSHING TO GOVERN. In all cases not provided for by these rules, the Senate shall be governed by the law and practice as laid down in Cushing's Law and Practice of Legislative Assemblies. XXXV. SUSPENDING AND CHANGING RULES. No standing rule or order of the Senate shall be rescinded or changed, without a vote of three fifths, and one day's notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of three fifths of the Senators present, except that portion of Rule Six relating to the final passage of bills. All proposed amendments to these rules shall be referred to the Committee on Rules, without debate. XXXVI. POWERS AND PREROGATIVES OF PRESIDENT. 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 officers of the Senate perform their respective duties, and may assign places to reporters. XXXVII.-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 to be cleared. XXXVIII.-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. XXXIX. 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 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-atArms, for every arrest, for each day's custody and releasement, and for traveling expenses 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 so to do, 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 the check is made), and pay over the same to the Senator or person entitled thereto. XL.-MESSENGERS-WHEN INTRODUCED. Messengers are introduced in any state of business, except while a question is being put, while the ayes and noes are being called, or while the ballots are being counted. XLI.-DOORKEEPER. It shall be the duty of the Doorkeeper to prohibit all persons except Senators, members of the Assembly, State officers, officers of the two Houses, and such reporters as have seats assigned them by the President, from coming within the bar of the Senate, unless invited by the President or a Senator, and 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. XLII.-EXECUTIVE NOMINATIONS. When nominations shall be sent by the Governor to the Senate for their confirmation, the same shall be, unless the Senate shall by a majority vote otherwise direct, acted upon at once. |