APPENDIX. Digest of the Rules and Practice of the Senate of the State of New York, Arranged Alphabetically. ADJOURN. It has been decided and acted upon that the motion "to fix the day to which the house shall adjourn" takes precedence of a motion to adjourn." Barclay, p. 5. 66 A motion "to fix the hour to which the house shall adjourn" does not take precedence of a motion to adjourn, and can only be made when resolutions are in order. Barclay, p. 6. A motion to adjourn cannot be received after another question is actually put, and while the house is actually engaged in voting. Barclay, p. 6. A motion to adjourn cannot be received after a bill has been read through the third time, but the vote on final passage must be taken. - To fix time to which to.- If it is desired to have an adjourned meeting of the assembly, it is best some time before its close to move, "That when this house adjourns, it adjourns to meet at such a time," specifying the time. This motion can be amended by altering the time, but if made when another question is before the (56) assembly, it stands as any other main question, and debated. If made when no other business is before the assembly, it stands as any other main question, and can be debated. This motion can be made even while the assembly is voting on the motion to adjourn, but not when another member has the floor. Roberts, p. 169. To a particular time.- If previously it had been decided when they adjourned to adjourn to a particular time, then the chair states that the assembly stands adjourned to that time. If the motion to adjourn is qualified by specifying the time, as to adjourn to tomorrow evening," it cannot be made when any other question is before the assembly; like any other main motion, it can then be amended and debated. Roberts, p. 170. A motion simply to adjourn is in no instance debatable; but if, in order, it is moved to adjourn to a particular day, or for a particular time, the proposition will admit of debate. In this form it cannot be moved when anything else is pending; for, in this form, it is itself a principal proposition, and not a privileged question. Mell, par. 167. A motion to adjourn cannot take a member from the floor, cannot interrupt the verification of a vote, and cannot be entertained while an assembly is dividing. Reed's Rules, sec. 169. A motion to adjourn sine die is subject to a motion to commit, and is debatable. Legislative Manual, AMENDMENT.-An amendment, though inconsistent with one already adopted, cannot be shut out for that reason, but must be put to a vote if insisted on. The inconsistency may be good ground for its rejection by the house, but is no ground for its suppression by the chair. Croswell, p. 46. The friends of a bill or section must have the privilege of selecting the most advantageous form for it before it is liable to be suppressed by a substitute. Warrington, p. 68. Croswell, p. 46. - Substitute.-An amendment may be moved to an amendment, but it is not admitted in another degree. But it is a well-settled practice of the house that there may be pending, at the same time with such amendment to the amendment, an amendment in the nature of a substitute for part or the whole of the original text, and an amendment to that amendment. It was decided many years ago that if the motion to amend the original matter was first submitted, it was not then in order to submit an amendment in the nature of a substitute, but it was subsequently decided otherwise, and the practice ever since has been in accordance with the latter decision. So, now, notwithstanding the pendency of a motion to amend an amendment to the original matter, a motion to amend, in the nature of a substitute, and a motion to amend that amendment, may be received, but cannot be voted upon until the original matter is perfected, Barclay's Digest, pp. 8 and 9. - Preamble. When a proposition consists of several paragraphs, sections or resolutions, the natural order is to commence at the beginning, and proceed to amend it paragraph by paragraph in succession. When a latter part is amended, it is not in order to recur back and amend a former part. The proper course is for the presiding officer to cause to be read the proposition, pausing at the end of each paragraph, and inquiring if any amendment is proposed. Should none be offered, he will pass on to the next, and so on to the end. But there is an exception to this in the case of a preamble. As amendment of the resolution may require a corresponding alteration in the preamble; this latter is not to be considered and amended until the resolutions have been perfected. Mell, par. 119. Every bill amending existing law upon its introduction and if reprinted must in the bill have all new matter underscored before it can be properly before the Senate. Rule 23. Lt.-Gov. Woodruff, Senate Journal, 1901, Vol. 2, If motion to amend be laid on table it carries with it the main question. Reed's Rules, sec. 114. APPEAL.- from the decision of the chair: Cannot be amended. Cannot be debated when it relates to indecorum. Or to transgressions of rules of speaking. Or to the propriety of business. Or if it is made while the previous question is pend Opens to debate the grounds of the decision of the presiding officer. Crosswell's Manual, p. 30. Roberts on Rules of Order, p. 38. May be laid on the table. If carried, the decision of the chair stands. Roberts, pp. 41-42. Barclay's Digest, p. 13. Motion to table an appeal from a decision of the chair, if carried, does not carry with it the subjectmatter; it carries only the appeal. Speaker Malby, Assembly Journal, 1894, p. 2678. Lt.-Gov. Woodruff, Senate Journal, 1902, Vol. 2, pp. 1257-1375. Vote on, may be reconsidered, but vote on motion to table an appeal cannot be reconsidered. Roberts, pp. 39 and 40. Cushing, par. 1466. Reed's Rules, p. 150. Is too late if debate or other business intervenes. Cushing, par. 1465. If a new point of order is raised, when an appeal is pending, no second appeal is in order, nor does the withdrawal of the first appeal change the case. Cushing, par. 1470. May be withdrawn at the pleasure of the mover, and renewed by the same person or another, and may be debated itself, but not the question out of which it arose. |