Journal of the Senate of Virginia

same shall be considered in executive session, with closed doors, and the proceedings thereon shall be in secret, unless the injunctions of secrecy be removed by a vote of the Senate.

43. A motion to take from the table shall not be in order unless the bill, resolution or other matter proposed to be taken up would be appropriate for consideration under the order of business then in hand, as prescribed by rules thirty-one and thirty-two.

VII. ORDER AND DECORUM.

44. While the president is reporting or putting any question, or the clerk is reporting a bill or calling the roll, or a senator is addresssing the chair, strict order shall be observed.

45. If words be spoken in debate that give offense, exception thereto shall be taken the same day, and be stated in writing; and in such case, if the words be decided by the president, or by the Senate, upon an appeal, to be offensive, and they be not explained or retracted by the senator who uttered them, he shall be subject to such action as the Senate may deem necessary.

VIII. ASCERTAINING THE QUESTION.

46. A motion for a scond reading, and a motion for committing the bill, may be submitted at the same time; but the question upon these motions shall be put separately if required by any senator.

47. Any senator may call for a division of the question, which shall be divided if it comprehend propositions so distinct in substance that, one being taken away, a substantive proposition shall remain for the decision of the Senate; and a motion to strike out, being lost, shall preclude neither amendment nor a motion to insert, nor a motion to strike out and insert.

48. When a question is pending, no motion shall be received but to adjourn, to pass by, for the pending question, for the previous question, to lie on the table, to postpone indefinitely, to adjourn the question to a different day, to commit or amend; which several motions shall have precedence in the order in which they are arranged.

IX. THE PENDING AND PREVIOUS QUESTION.

49. Upon a motion for the pending question, seconded by a majority of the senators present, indicated by a rising or by a recorded vote, the president shall immediately put the pending question; and all incidental questions of order arising after a motion for the pending question is made, and pending such motion, shall be decided, whether on appeal or otherwise, without debate. 50. Upon a motion for the previous question, seconded by a majority of the senators present, indicated by a rising or by a recorded vote, the president shall immediately put the question, first upon amendments in the order prescribed in the rules, and then upon the main question. If the previous question be not ordered, debate may continue as if the motion had not been made.

X. TAKING THE VOTE.

51. Every senator present, when any question is put or vote taken, shall vote or be counted as voting on one side or the other, except in case of pairs, as hereinafter provided for; but no senator shall vote on a question in the event he is immediately or personally interested. Pairs upon any question pending may be made and entered upon the Journal, and in such cases shall be announced immediately upon completion of the roll-call, and before the announcement of its result. Pairs may be general or special. General pairs shall extend to and include all motions, amendments or other proceedings in aid of or against the question pending, and which is the subject of the pairs. Special pairs shall depend in their scope upon the agreement between the

and,

Third. Read at length on three different calendar days in each house;

Fourth. A yea and nay vote has been taken in each house upon its final passage, the names of the members voting for and against entered on the journal, and a majority of those voting, which shall include at least twofifths of the members elected to each house, has been recorded in the affirmative.

And only in the manner required in sub-division four of this section shall an amendment to a bill by the House of Delegates be concurred in by the Senate, or a conference report be adopted by the Senate, or a committee discharged from the consideration of a bill for the Senate to consider the same as if reported; provided, that the printing and reading, or either, required in sub-divisions two and three of this section, may be dispensed with in a bill to codify the laws of the State, and in any case of emergency by a vote of fourfifths of the members voting, taken by the yeas and nays, the names of the members voting for and against entered on the journal; and provided further, that no bill which creates or establishes a new office or which creates, continues or revives a debt or charge, or makes, continues or revives any appropriation of public or trust money, or property, or releases, discharges or commutes any claim or demand of the State, or which imposes, continues or revives a tax, shall be passed except by the affirmative vote of a majority of all the members elected to the Senate, the vote to be by the yeas and nays, and the names of the members voting for and against entered on the journal. Every law imposing, continuing or reviving a tax shall specifically state such tax, and no law shall be construed as so stating such tax where it requires a reference to any other law or any other tax. The presiding officer of the Senate shall, in the presence of the Senate, in open session, sign every bill that has been passed by both houses and duly enrolled. Immediately before this is done, all other business being suspended, the title of the bill shall be publicly read. The fact of signing shall be entered on the journal. Before reference to a committee, any special, private or local bill shall be referred to and considered by the joint standing committee on special, private and local legislation, and returned to the Senate with a statement in writing whether the object of the bill can be accomplished under general law or by court proceeding; whereupon the bill, with the accompanying statement, shall be referred to the appropriate committee of the Senate, and shall take the course provided by section fifty of the Constitution of Virginia. The joint committee may be discharged from the consideration of a bill by the Senate, when said bill originated in the Senate, in the manner provided in section fifty of the Constitution of Virginia for the discharge of other committees. 37. Bills and resolutions originating in the House of Delegates, and not requiring immediate action shall be read at length. the first time when received and referred to their appropriate committees, unless the Senate direct otherwise.

38. No bill reported from a committee of the Senate shall be recommitted or amended until it has been twice read, nor shall any bill be amended after its third reading, except by the unanimous consent of the Senate.

39. Joint resolutions originating in the Senate shall lie on the table one day at least, unless otherwise ordered.

40. The yeas and nays on any question shall, at the desire of five senators, be entered on the journal. After the yeas and nays shall have been taken, and before they are counted or entered on the journal, the clerk shall read over the names of those who voted in the affirmative and of those who voted in the negative, at which time any senator shall have the right to correct any mistake committed in enrolling his name.

41. Upon the determination of a question, any senator may enter his protest upon the journal, with the consent of one-third of the senators present; and on the question, "Shall the protest be entered on the journal," no privileged motion shall be in order except to adjourn.

42. Whenever the Senate proceeds to consider any nominations of the Governor, which are subject to the choice or ratification of the Senate, the

same shall be considered in executive session, with closed doors, and the proceedings thereon shall be in secret, unless the injunctions of secrecy be removed by a vote of the Senate.

VII. ORDER AND DECORUM.

44. While the president is reporting or putting any question, or the clerk is reporting a bill or calling the roll, or a senator is addresssing the chair, strict order shall be observed.

VIII. ASCERTAINING THE QUESTION.

46. A motion for a scond reading, and a motion for committing the bill, may be submitted at the same time; but the question upon these motions shall be put separately if required by any senator.

IX. THE PENDING AND PREVIOUS QUESTION.

50. Upon a motion for the previous question, seconded by a majority of the senators present, indicated by a rising or by a recorded vote, the president shall immediately put the question, first upon amendments in the order prescribed in the rules, and then upon the main question. If the previous question be not ordered, debate may continue as if the motion had not been made.

X. TAKING THE VOTE.

senators making the same, but in the absence of a specific agreement, the presumption shall be conclusive that the pairs are general. The senator announcing a pair shall be counted at present for the purpose of establishing a quorum.

52. Every question shall be first put in the affirmative, and then in the negative, and the president shall declare whether the yeas or nays have it; which declaration shall stand as the judgment of the Senate, unless a senator call for a division, in which event the president shall divide the Senate.

53. When the yeas and nays are ordered, or call of the Senate is directed, the names of the senators shall be called in alphabetical order.

54. No senator shall be allowed to vote unless he be present within the chamber at the time the Senate is being divided, or before a determination of the question upon a call of the roll.

XI. DEBATE.

55. When any member is about to speak in debate or deliver any matter to the Senate, he shall rise from his seat, and without advancing, with due respect address "Mr. President," confining himself strictly to the point in debate, and avoiding all disrespectful language.

56. No member shall speak more than twice on the same subject, without leave of the Senate; nor more than once until every member choosing to speak shall have spoken.

57. No question shall be debated until it has been propounded by the president, and then the mover shall have a right to explain his views in preference to any senator.

58. When the president is putting a question, any senator who has not spoken before to the matter may speak to the question before the negative is put.

59. During any debate any senator, though he has spoken to the matter, may rise and speak to the orders of the Senate, if they be transgressed, in case the president do not; but if the president stand up at any time, he is first to be heard, and while he is up senators must keep their seats.

60. No senator shall be allowed to be interrupted while speaking, except on points of order, to correct erroneous statements or to answer any questions that may be propounded by the senator speaking.

61. Motions to adjourn; lay on the table; for the pending question; for the previous question; to suspend the rules; to take from the table; to take up orders of the day; to close debate; to limit debate; to extend limit of debate; to read papers; to reconsider questions not debatable, shall not be debated; but upon a motion to suspend a rule, or to take from the table, to 'ay on the table, or to take up orders of the day, the mover shall be allowed five minutes to state the reasons for his motion, and one member opposed to the motion shall be allowed a like time to object. And when a question not debatable is before the Senate, all incidental questions arising after it is stated shall be decided and settled, whether on appeal or otherwise, without debate; and the same rule shall apply to all incidental questions arising after any question is put to the house.

62. A question being once determined must stand as the judgment of the Senate, and cannot during the same session be drawn again into debate. No motion to reconsider a question which has been decided, shall be entertained, unless it be made by a senator voting with the prevailing side, nor unless made on the same day on which the vote was taken or within the two next days of actual session of the Senate thereafter; provided, however, that when any question is decided in the negative simply for the want of a majority of the whole Senate, any senator who was absent from the city of Richmond or detained from his seat by sickness at the time of the vote sought to be reconsidered may move its reconsideration.

63. No petition of a private nature, having been once rejected, shall be acted on a second time, unless it be supported by new evidence; nor shall any such petition, after a third disallowance, be again acted on. The several clerks of committees shall keep alphabetical lists of all such petitions, specifying the session at which they were presented, and the determination of the Senate therein, and shall deliver the original petition to the clerk of the Senate, to be preserved in his office.

64. No petition shall be received claiming a sum of money or praying the settlement of unliquidated accounts, unless it be accompanied with the certificate of disallowance from the executive or auditor containing the reason why it was rejected.

65. When any such petition, or bill founded on one, is rejected, such petition shall not be withdrawn; but the petitioner, or senator presenting his petition, or any senator from the county or corporation in which the petitioner resides, may, without leave, withdraw any document filed therewith; and a list of all documents so withdrawn shall be preserved by the clerk. All petitions not finally acted on may, with the accompanying documents, be in like manner withdrawn after the expiration of the session at which they were presented.

66. No petition shall be read in the Senate unless particularly requested by some senator, but every senator presenting one shall announce the name of the petitioner, nature of the application, and whether, in his opinion, a similar application had been before made by said petitioner. He shall also endorse on the back of the petition his own name as a pledge that it is drawn in respectful language; whereupon it shall be delivered to the clerk, by whom it shall be laid before the proper committee.

XIV.

67. Any rules of the Senate may, except where otherwise provided by the Constitution of the State of Virginia, be suspended by a vote of two-thirds of the members-elect.

XV. CONSTRUCTION OF RULES.

68. In the construction of the foregoing rules, reference shall first be had to Jefferson's Manual and the Digest of the Rules of the Congress of the United States.

XVI.

69. All committee meetings shall be held in public and a recorded vote of members upon each measure shall be taken and the number voting for or against reported on the bill, provided, however, that executive sessions may be held at the discretion of the committee upon a recorded vote.

MR. RISON presented the following resolution:

Resolved, by the Senate that it learns with much regret of the ill health of Hon. Moses M. Green, and of his consequent inability to discharge the duties of Assistant Doorkeeper of the Senate.

Therefore, be it further resolved that the position of Assistant Doorkeeper be declared vacant; which was agreed to.

THE PRESIDENT announced that the next business in order was

the election of a Second Doorkeeper.

MR. RISON nominated D. M. Pattie, and there being no further nominations, the roll was called, with the following result:

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