Chapter LXXXIX: Section LIII: Impeachment (2)

It is customary for the Speaker to appoint a committee of three to meet with a committee of three from the Senate for the purpose of forming joint rules for the government of both houses; and when completed, the committees report to their respective houses.

By concurrent resolution both houses meet in joint convention to canvass the vote for executive officers.

When it has been determined who are the executive officers, a joint committee of both houses is then appointed to wait on the Governor and inform him that both Houses of the General Assembly are organized, and that the houses are in readiness to receive any communication from him.

The Senate and House usually assemble in joint convention in the chamber of the House upon some day and hour suggested by the Governor, during the first week of the session to hear his message.

The message is usually read by the Executive, but may be read by his private secretary, or by any one the Governor may appoint.

At the first opportunity after hearing the message read, the various recommendations therein contained are referred, by resolution, to appropriate standing committees, or select committees.

Standing committees are appointed by the Speaker at as early a day in the session as is possible. Each committee usually consists of five members, but the House determines the number which is sometimes three, or nine, or eleven, or any other number.

DRAWING OF SEATS.

In other States the seats are drawn by lot. The method pursued is as follows:

The members leave their seats, and take places in the open area behind their seats. The clerk having placed in a box slips of paper containing the names of the members respectively, a page or messenger draws them therefrom. The clerk announces each name as it is drawn, and the member named selects his seat, and occupies it until the drawing is completed.

In this State it is not customary to draw seats by any method. The seats are usually chosen with the view of grouping together those who represent similar interests.

COMPENSATION.

Each member of the General Assembly, as a compensation for his services shall receive four dollars for each day’s attendance, and fifteen cents for every mile necessarily travelled in going to and returning from the seat of government, and shall receive no other compensation, perquisite, or allowance whatsoever. It is customary to pay the mileage of members both ways, upon the certificate of the Speaker and clerk as to the proper sum to which each member is entitled.

PAY OF OFFICERS.

The Speaker of the House shall be entitled to receive the same compensation allowed to other members of the Legislature. The per diem of officers of the Legislature shall be as follows: The chief clerk, six dollars; the assistant clerk, five dollars; sergeant-at-arms, assistant sergeant-at-arms, engrossing clerk, assistant engrossing clerk, and enrolling clerk, each four dollars; messenger, door-keeper, janitor, and interpreter, each three dollars; chaplain, two dollars; pages, assistant door-keeper, and janitor, each one dollar and fifty cents.

DUTIES OF OFFICERS.

_Speaker_--The duties of this officer are generally as follows:

To open the session, at the time to which the House stands adjourned, 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, when 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 the purpose, on a point of order or practice.

To receive messages and other communications from other branches of the government, and announce them to the House.

To authenticate by his signature, when necessary, all the acts, orders and proceedings of the House.

To name the members--when directed to do so in a particular case, or when it is a part of his general duty by the rules--who are to serve on committees, and in general.

To represent and stand for the House, declaring its will, and in all things obeying its commands. Every officer of the House is subordinate to the Speaker, and in all that relates to the prompt and correct discharge of official duty, is under his supervision.

The Speaker shall 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 to the House by any member, on which appeal no member shall speak more than once, unless by leave of the House. On an 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 of the House thereon, shall be entered on the journal.

The Speaker may call a member to the Chair, but such substitution shall not extend beyond one day, except by leave of the House.

The Speaker shall vote on all questions taken by yeas and nays, and on all elections or divisions called for by any member.

In the absence of the Speaker, the House shall elect a Speaker _pro tempore_, whose office shall cease on the return of the Speaker.

_Clerk_--He has the care and custody of all the papers and records, and arranges in its proper order, from day to day, after its inception, all the business of the House. He must, in order to have a proper knowledge of the affairs of his department, apportion, systematize and personally supervise the labor of all his subordinates, and, when not called therefrom by more important duties, should officiate in person at the reading desk. The duties of his subordinates are properly his duties, as all are performed under his direction, and he is responsible for any deficiencies. It is his duty to prepare and furnish to the printer an accurate record of each day’s proceedings, and a copy of every bill, report and other thing ordered to be printed, “on the same day such orders are made;” to keep the pay accounts of members and officers, and issue his certificate of per diem to them; to deliver the messages of the House to the Senate; to sign subpœnas; he can permit no records nor papers belonging to the House to be taken out of his custody, otherwise than in the regular course of business; and shall report any missing papers to the notice of the Speaker.

He is by law responsible for the safe keeping of all bills and other documents in possession of the House, and for the proper registry of all proceedings; and is required at the close of the session, to deposit all papers in his possession as clerk, properly classified and labeled, with the Secretary of State.

REGULATIONS IN THE DEPARTMENT OF THE CLERK.

_The Assistant Clerk_--It is his special duty: To keep a record of each day’s proceedings; and if daily printed, to correct the proof of the same while being printed.

To officiate at the reading desk when required by the clerk; and in case of his absence, to perform his duties generally.

To label and file in their appropriate places all papers presented, with proper dates and references.

To select each day all papers ordered to be printed, make a list thereof in a book provided for that purpose, and send them to the printer, taking his receipt therefor.

To keep a list of all absentees on leave, etc.

_The Book Keeper_--It is his special duty: To keep the register of bills, resolutions, memorials, etc., showing therein, and opposite to each title, all action taken and proceedings had, with regard to such papers.

To distribute to the proper committee, or officers, all bills, petitions and other papers referred.

To make out all certificates of per diem and mileage, ready for the signature of the Speaker and clerk.

To prepare the message to be delivered to the other House, and when not otherwise occupied, to help the assistant clerk in the performance of his duties.

_The Engrossing Clerk_--It is his special duty: To engross all bills ordered to a third reading which the rules require to be engrossed, properly placing all amendments adopted prior to the order for their engrossment.

By the direction of the clerk or assistant clerk, to perform any necessary service appertaining to the duties of the other deputies.

_The Enrolling Clerk_--It is his special duty: To make clear, legible copies of all bills which have been concurred in, without erasures or interlineations.

GENERAL REGULATIONS.

Each deputy, when not occupied in the performance of his own special duties, is to render such assistance to the clerk and to his associate deputies as may be in his power, or as the pressure of duties in a particular department may render necessary.

The deputies are expected to notify the clerk of any interference by members or others with their duties, and of all improper approaches or requests made to them by any person. They are not to exhibit to any person any bill or other document in their possession without leave of the clerk.

Perfect courtesy must at all times be maintained towards members, reporters, associate deputies, and all who have business to transact with the department; but interference with legislation cannot be allowed under any circumstances.

_To Members, Officers and Reporters_--It is especially requested that no member, officer or reporter will interrupt the assistant clerk while engaged in keeping the journal. “No journal, record, account or paper,” of any kind may be taken from the desk, unless by express permission of the clerk.

_Sergeant-at-Arms_--This officer is the executive officer of the House. He has charge of the chambers and appurtenant conveniences of the House. He controls the police regulations, attends to the warming of the chambers, serves the subpœnas and warrants of the House, announces messages from the Governor and from the Senate, provides rooms for committees, receives from the Secretary of State all public documents ordered or coming in due course, and distributes the same through the post-office, or otherwise, to members and officers entitled thereto. He is to organize his department with such system that each of his subordinates shall know his precise duties, and he is to see that each performs his duty promptly, thoroughly and courteously. He is required to keep the chamber open from 8 o’clock A. M. to 10 o’clock P. M.

He should have the printed bills and other documents in his possession so classified and arranged that he can at once answer any call upon him for them.

His assistant assists him generally in the discharge of his duties, and takes his place when he is absent.

_The Door Keeper_ attends to the principal door; opens and closes it for the entry and exit of all persons; maintains order in the lobby and vestibule; sees that visitors are seated, and that the regulations of the House, in his department, are strictly enforced.

_The Assistant Door Keepers_, each at their respective stations, are to discharge the same duties as the principal door keeper. They must be in attendance as well during the recess as the sessions of the House to keep out intruders and maintain order.

_The Firemen_ attend to the warming and ventilation of the House chamber, and under the direction of the sergeant-at-arms, make themselves generally useful.

The door keepers and firemen are responsible to the sergeant-at-arms.

DUTIES OF MESSENGERS.

To be in attendance from 8 o’clock A. M. until 10 o’clock P. M. every day (Sundays excepted), whether the House is in session or not.

To receive the journals and printed bills from the Sergeant-at-Arms, and arrange them in order on the file of each member.

Not to leave the House chamber during the _morning hour_, or absent themselves from the sessions of the House during an entire day, except upon leave of the Speaker or the House.

During the morning hour to take the positions assigned to them by the Clerk; and, standing up, so as to see and be seen, hold themselves in readiness to bring all bills, resolutions, etc., from the several members to the Clerk, when presented.

After the expiration of the morning hour, when not engaged in filing bills, etc., for the members they have in charge, to answer promptly any call, and render assistance to any member requiring it.

To refrain from throwing any paper balls, darts, or other missile; to move lightly across the House chamber, and demean themselves respectfully towards every member and officer of the House.

STATIONERY.

The Secretary of State furnishes to the Sergeant-at-Arms the stationery required by the members, the clerk and other officers.

NEWSPAPERS.

In regard to the supply of newspapers there are no regulations. The House determines what papers, and how many, shall be furnished.

PROCESS OF PASSING BILLS.

Some diversity of practice exists herein, but the ordinary method in the House is as follows:

A member having prepared a bill and endorsed the title thereof, together with his name, upon the back of it, rises to his feet, at such time as the introduction of bills is in order, and says:

“Mr. Speaker.”

If recognized, the Speaker responds:

“The gentleman from ----.”

The member announces:

“I ask leave to introduce a bill.”

The bill is then sent to the Clerk by a messenger. The Clerk then reads the title of the bill, and places it on file for its first reading, and when the order for the first reading of bills is reached, the Clerk reads the first bill on file _at length_, when the Speaker announces:

“First reading of the bill.”

The second reading of bills must be on a day subsequent to their first reading. When the Speaker calls for the second reading of bills, the Clerk reads the first bill on file for second reading _at length_, when the Speaker announces:

“Second reading of the bill.”

The bill is then usually referred to such standing committee, or select committee, or to the general file for Committee of the Whole, as the House may determine.

If the bill has been referred to a standing committee, or select committee, it is in due course reported back to the House by the committee, when it is placed in the general file.

Bills in the general file are usually considered in Committee of the Whole in the exact order in which they are placed upon the file. Proceedings in Committee of the Whole will be elsewhere considered.

After a Committee of the Whole has completed its action upon any bill, and reported the same back to the House, and any recommendations made by the committee passed upon, it is taken up in its order, when the Speaker puts the following question:

“Shall this bill be engrossed, and read a third time?”

If decided affirmatively the bill is thereby referred to the engrossing committee. Upon its return engrossed from the engrossing clerk, the original and engrossed bills are placed in the hands of the _Committee on Engrossed Bills_, who compare them and correct any errors which they may find. When found correct, or made so, the committee report them to the House as correctly engrossed, when the original is filed by the Clerk, and the engrossed bill goes into the order of “bills ready for a third reading.”

When, under the order of business, the bill is reached, the title of the bill is read, and the bill itself is read _at length_, when the Speaker says as follows:

“This bill having been read three several times, the question is: Shall the bill pass?”

If the bill passes it is taken to the Senate, with a message announcing its passage by the House, and asking the concurrence of the Senate therein.

Going through with a similar process in the Senate, it is returned with a message announcing their action upon it.

If the Senate concurs, the bill is sent to the Enrolling Clerk, who makes a copy thereof, as is elsewhere described. When enrolled, it goes to the _Committee on Enrolled Bills_, who compare it with the engrossed bill. When found or made correct, they report the bill to the House as correctly enrolled; the engrossed bill is filed by the Clerk; the enrolled bill is then endorsed by the Clerk as having originated in the House (for the information of the Governor, in case he vetoes it). It is then referred to a joint committee of enrollment, who present the same to the Speaker, who has the title of the bill read in hearing of the House, and then signs it, after which the joint committee present the bill to the President of the Senate, who has the title of the bill read in hearing of the Senate, and then signs it. The committee then proceed to the Governor and present the bill thus duly signed for his approval, and report that fact to the House, and the hour when it was deposited in the Governor’s hands. The Governor, if he approves the bill, informs the House in which it originated of that fact, and that he has deposited it with the Secretary of State.

This is the ordinary process of a bill through all its stages until it becomes a law. A bill of great interest or importance, or one which is warmly contested, may, by reason of majority and minority reports, special orders, recommitment, amendments, substitutes, committees of conference, and various other parliamentary appliances, pass through a vast number of stages not before enumerated.

Senate bills coming into the House after passing the Senate, are read twice by title and then read _at length_, and then referred to the appropriate committee.

After consideration in Committee of the Whole, the recommendation of the committee is acted upon in the House, the question being, after recommendations are disposed of:

“Shall this bill be ordered to a third reading?”

If it is decided affirmatively, the bill passes into the order of “bills on third reading;” and when reached in that order, the question is:

“Shall this bill be concurred in?”

If concurred in, the bill is returned to the Senate, with the message informing it of that fact.

COMMITTEE OF THE WHOLE.

The Committee of the Whole is an expedient to simplify the business of legislative bodies. No record is made of its proceedings, and it has no officers except of its own creation, for temporary purposes. It is liable to instant dissolution in case of disorder, when the Speaker takes the chair for a Call of the House, or an adjournment, and in case of a message from the Senate or Governor, when the Speaker takes the chair to receive it.

The House may resolve itself into a Committee of the Whole upon some particular bill, resolution or subject, or it may go into Committee of the Whole upon the general file of bills.

In the first case the motion is:

“That the House do now resolve itself into a Committee of the Whole upon [bill No. ----, A, a bill ----], or [joint resolution No. ----, A, providing, etc.], or [upon all bills relating to ----], as the case may be.”

In the second case it is:

“That the House do now resolve itself into a Committee of the Whole upon the general file of bills.”

Bills, resolutions, and general matters which have been once considered in committee of the whole, and in which progress has been made, and leave granted for further consideration, have the preference. The motion of the Committee of the Whole, for their further consideration, must be made under the head of “bills in which the committee of the whole have made progress and obtained leave to sit again;” and in which case the member who presided when the same matter was previously considered in committee of the whole, resumes the chair.

The motion for the committee of the whole upon the general file, must be made under the order of “bills not yet considered in committee of the whole.”

When the House resolves itself into committee of the whole, the Speaker selects a chairman as follows:

“The gentleman from ----, Mr ----, will take the chair.”

The appointed chairman advances to the Speaker’s desk, and having taken the chair, receives from the clerk the papers indicated by the motion for the committee, when the chairman announces:

“Gentlemen,--The committee have under consideration bill No. ----, entitled ----” (_reading the title from the back of the bill_). _Or in case of consideration of the general file_: “The committee have under consideration the general file of bills; the first in order is bill No. ----, A, entitled ----. The first section is as follows.”

The chairman then reads the first section, and asks:

“Are there any amendments proposed to the first section?”

If none are offered, the chairman says:

“No amendments being offered to the first section, the second section will be read.”

This process is continued through the whole bill, when at the close of the reading the chairman says:

“The ----th section and the whole bill have now been read, and are open to amendment.”

At this point, after the friends of the bill have perfected it, it is customary for the opponents of the bill to open their attack. After the discussion of the bill to such an extent as may be desired, if no amendments are made, the final vote is generally upon a motion--

“That the bill be reported back to the House without amendment.”

If any other bills are before the committee, they are proceeded with in the same manner. If it is desired to have further consideration of any matter before the committee, or if the general file has not been gone through with, the motion is:

“That the committee rise, report progress, and ask leave to sit again.”

If the committee has completed its duties, the motion is:

“That the committee rise and report.”

Which being analagous to a motion to adjourn, is not debatable. The chairman states the matter as follows:

“It is moved that the committee do now rise and report (_or otherwise, as the case may be_).”

“Is the committee ready for the question?”

“Gentlemen,--Those who are of opinion that this committee do now rise and report, say ‘Aye;’ those of a contrary opinion say ‘No.’”

In case of doubt a division must be had, as the ayes and noes cannot be called in committee of the whole.

When the committee rises, the Speaker resumes his seat, and the chairman, in his place on the floor, reports as follows:

“Mr. Speaker.”

The Speaker answers:

“Mr. Chairman.”

Who reports:

“The committee of the whole have had under consideration bill No. ----, A, entitled ----, and have instructed me to report the same to the House with amendment” (_or as the case may be_).

When the general file has been under consideration, the report is as follows:

“The committee of the whole have had under consideration the general file of bills, have gone through the same, and have directed me to report to the House the bills contained therein, with sundry amendments and recommendations as follows, to-wit:” [_Here follows the titles of bills considered, with action taken upon them._]

In case the file has been left unfinished, the report is:

“The committee of the whole have had under consideration the general file of bills, and have made some progress therein. I am directed to report back the following bills, with the amendments and recommendations hereinafter specified, and ask leave for the committee to sit again.” [_Here follows the report of amendments, etc., as above._]

In the latter report the question is:

“Shall leave be granted?”

When, upon a count, it is ascertained that a quorum is not present, the report is:

“The committee of the whole have had under consideration ----, and, after some progress therein, find there is no quorum present; that fact I herewith report to you.”

In case of confusion or disorder, the Speaker, of his own accord, resumes the chair temporarily and without any formality, for the purpose of suppressing it. When order is restored the chairman resumes the chair, and the business proceeds.

Upon the coming in of a report, the recommendations are usually at once acted on by the House.

When, in committee of the whole, any member desires to offer an amendment, it must be reduced to writing and sent to the chairman, who reads it, and asks:

“Is the committee ready for the question upon the amendment?”

And if no further amendment or debate offer, he puts the question in the usual manner.

After a section is once passed, with an unsuccessful effort to amend it, no further amendments are in order. The strictness of this rule is, however, not always adhered to; an amendment once made may, however, be reconsidered. Such a motion is:

“That the amendment offered by the gentleman from ----, to the ----th section, be reconsidered.”

And is stated as follows:

“The gentleman from ---- moves that the amendment of the gentleman from ---- to the ----th section be reconsidered.”

“Is the committee ready for the question?”

“Those who are of the opinion that said amendment be reconsidered say ‘Aye;’ those of the contrary opinion say ‘No.’”

In case the amendment is reconsidered, the Speaker says:

“The motion is carried. The amendment is reconsidered. The question now recurs upon the adoption of the amendment. Is the committee ready for the question?” etc.

FORMS.

Of Titles:

No. ----, a bill to ----.

_Amending Bill_:

A bill relating to ----, and amendatory of section ----, of chapter ----, of the ----.

_Repealing Bill_:

A bill to repeal section ----, of chapter ----, of the ----, relating to ---- (filling the blanks with the proper section and chapter of the revised statutes or general laws, designating the same, and also the subject, object or purpose of the section of the chapter repealed; and in the body of every bill, the full title of the act repealed shall be recited at length).

_Appropriation Bill_:

“To appropriate to ---- the sum of ---- dollars.”

Titles should be written inside the bill, and endorsed upon the outside as follows:

No. ----, A.
_A Bill to change the name of
Andrew Jackson to James Madison._

MR. GORDEN.

Resolutions should not be entitled, but should have the name of the mover endorsed upon them. The same rule applies to amendments.

Resolutions are of no special form; the following may serve as a general guide in such matters:

Res. No. ----, A.

“_Resolved_,--That three thousand copies of the Governor’s message be furnished by the printer to the Sergeant-at-Arms, for the use of the House.

“MR. TUCKER.”

For reports the following form is used:

“The committee on ----, to which was referred bill No. ----, A., a bill to ----, _respectfully report the same back to the House with an amendment, and recommend its passage when amended_;” or, “_and recommend that it do pass_;” or, “_and recommend that it be indefinitely postponed_;” or, “_and recommend that it be referred to the delegation from ----_;” or, “_to a select committee_.”

Or, if the committee report by bill:

“The committee on ----, to which was referred ----, respectfully report “by bill No. ----, A., a bill to ----;

“And recommend its passage.”

An enacting clause must precede the body of the bill.

It must _invariably_ be in the following form:

_Be it enacted by the General Assembly of the State of Colorado: Const., Art. 5, Sec. 18._

INVESTIGATIONS.

When an investigation is required into any matter, the person most interested in having the inquiry made, should move the appointment of a committee to take the subject in charge. This is done by resolution. The resolution should be so drawn as to state the precise subject to be investigated, and to give the committee all the power which the mover may deem necessary to a thorough examination into the subject matter to be laid before them; this should be done to prevent any misapprehension as to the intention and extent of the inquiry to be made. In case of the adoption of the resolution, the mover, together with other members, will be appointed a committee. They have power to send for persons and papers. The form of a subpœna is as follows:

“THE STATE OF COLORADO, }

“To ---- ----: You are hereby commanded, that, laying aside all business and excuse, you personally appear and attend before Messrs. ---- ----, on the part of the Senate, and Messrs. ---- ----, on the part of the House, a _joint_ committee appointed under a resolution of the Senate and House, to investigate at the room of said committee ----, in the city of Denver, the capital of the State, on the ---- day of -----, A. D. one thousand eight hundred and ----, at the hour of ---- in the ---- noon, then and there, and from time to time, as required by said committee, to testify and give evidence upon the matters of inquiry before said committee.

“Hereof fail not, under penalty in such case made and provided.

“Given at the House chamber, in the city of Denver aforesaid, this ---- day of ----, A. D. 18----.

“---- ----, _Speaker of the House_.

“Attest: ---- ----, _Chief Clerk of the House_.”

In case of a refusal to appear, or a refusal to testify, the following form of certificate has been used:

“To Hon. ---- ----, _Speaker of the House_:

“I, ---- ----, chairman of the _joint_ committee appointed to investigate ----, do hereby certify that ---- has been duly subpœnaed to appear before said committee, as will fully appear by the writ served, and affidavit of service accompanying the same, on file with the chief clerk of the House.

“I further certify that said ---- ---- has failed to appear before said committee, according to the exigency or mandate of said writ or subpœna.

“Dated Denver, ----, 18----, at ---- o’clock.

---- ----.”

Upon which a warrant, in the following form, may be used:

“_The State of Colorado to the Sergeant-at-Arms of the House_:

“It appearing that a writ of subpœna, directed to ---- ----, commanding him to personally appear and attend before Messrs. ---- ----, on the part of the Senate, and Messrs. ---- ----, on the part of the House, a _joint_ committee appointed under a resolution of the Senate and House, to investigate ---- ----, at the room of said committee, in the city of Denver, the capital of the State, the ---- day of ----, A. D. 18----, at the hour of ---- in the ---- 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 subpœna was duly and personally served upon the said ---- ----, on the day of ----, A. D. 18----, and returned; 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 subpœna: _therefore_, you are hereby commanded, the name of the State of Colorado, to take the body of him, the said ---- ----, and bring him before the House, so that he may testify and give evidence before the said committee, and answer for his contempt of the House in not obeying the mandate of said subpœna. Hereof fail not.

“Given at the House chamber, in the city of Denver aforesaid, this ---- day of ----, A. D. 18----.

“---- ----, _Speaker of the House_.

“---- ----, _Chief Clerk of House_.”

To which the return, in ordinary cases, would be:

“By virtue of the within process, I did, on the ---- day of ----, 18--, arrest the body of ---- ----, and took him before the committee within named, and the said ---- ---- having refused to answer interrogatories propounded by said committee, I have him, by direction of said committee, now before the House.

“House Chamber, ----, 18--.

“---- ----, _Sergeant-at-Arms of the House_.”

A resolution, declaring the defaulter to be in contempt, is the next proceeding.

The following is a form for such resolution:

“_Resolved_, That the neglect or failure of ---- ---- to appear before the joint investigating committee, composed of Messrs. ---- ----, of the Senate, and Messrs. ---- ----, of the House, in compliance with the mandate of the writ of subpœna of this House, served upon him on the ---- instant, as fully appears by the said writ and affidavit of the service thereof endorsed 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 subpœna served upon you the ---- instant?”

To which the defaulter pleads before judgment is inflicted.

Another form is as follows:

“_Resolved_, That the refusal of ---- ---- to answer the questions put to him by a member of the _joint_ investigating committee, on the ---- instant, and which questions were certified to the House by ---- ----, 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. A statement of the facts proven thereby, or conclusions derived therefrom.

3. Resolutions, or a bill providing for the action which the committee deem proper to be taken in the premises.

QUORUMS.

Whole number electable:

“Not less than 25 nor more than 49.”

To expel a member:

“Two-thirds.”

To do any business except to adjourn from day to day, and compel the attendance of absent members:

“A majority.”

To cause the ayes and nays on any question to be entered upon the journal:

“Two members.”

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 release, discharges or commutes a claim or demand from the State:

“A majority of all.”

To adjourn from day to day:

“A smaller number than a majority.”

To agree to an amendment of the Constitution:

“A majority of all the members.”

To recommend a constitutional convention:

“Two-thirds of all.”

To contract a public debt:

“A majority of all members elect.”

To pass any resolution or motion:

“A majority of all present.”

To pass any bill:

“A majority of all the members elect.”

To make a Call of the House:

“Two members.”

To order the previous question:

“A majority present.”

To suspend the rules:

“Two-thirds of the members present.”

To change the order of business:

“Two-thirds of the members present.”

To bring in a bill which has been rejected by the Senate:

“Two-thirds of the House.”

To agree to an amendment made by the Senate to a House bill bill with an emergency clause:

“Two-thirds of all members elect.”

RULES AND ORDERS OF THE SENATE.

1. The hours of meeting shall be 10 A. M. and 2 P. M., unless otherwise ordered.

2. The President having taken the chair, and a quorum being present, the journal of the preceding day shall be read, to the end that any mistake may be corrected, which shall be made in the entries. A quorum shall consist of a majority of the members of the Senate.

3. No member shall speak to another, or otherwise interrupt the business of the Senate, or read any newspaper, while the journal or public papers are being read, or when any member is speaking in debate. No smoking shall be allowed during the sitting of the Senate.

4. Every member, previous to speaking, shall rise from his chair, and respectfully address the President, and shall confine himself to the question under debate, and avoid personality.

5. No member shall speak more than twice on any one debate on the same day, without leave of the Senate.

6. When two members rise at the same time, the President shall name the person to speak; but in all cases the member who shall first rise and address the chair shall speak first.

7. When a member shall be called to order by the President or a Senator, he shall sit down; and every question of order shall be decided by the President, without debate, subject to an appeal to the Senate; and the President may call for the sense of the Senate on any question of order.

8. If the member be called to order by a Senator for words spoken, the exceptional words shall immediately be taken down in writing by the Secretary, that the President may be better enabled to judge of the matter.

9. No member shall absent himself from the service of the Senate without leave of the Senate, and in case a less number than a quorum of the Senate shall convene, they, or a majority of them, may send the Sergeant-at-Arms, or other suitable person or persons, for any or all absent members, at the expense of such absent members respectively, unless such excuse for non-attendance shall be made, as the Senate, when a quorum is convened, shall judge sufficient.

10. No motion shall be debated until the same shall be seconded.

11. When a motion shall be made and seconded, it shall be reduced to writing, if desired by the President or any member, delivered at the table of the Secretary, and read before the same shall be debated.

12. When a question is under debate no motion shall be received, except as otherwise provided in these rules, but to adjourn, to lie on the table, to postpone indefinitely, to postpone to a day certain, to commit, or amend, which several motions shall have precedence in the order they stand arranged. Any motion may be withdrawn by the mover at any time before a discussion, amendment, or ordering of the yeas and nays, except a motion to reconsider, which shall not be withdrawn without leave of the Senate. A motion to adjourn shall always be in order. That, and the motion to lay on the table, shall be decided without debate.

13. The previous question shall be in this form: “Shall the main question be now put?” It shall only be entertained when demanded by a majority of the members present, and its effects shall be to put an end to all debate, and bring the Senate to a direct vote upon amendments reported by a committee, if any, upon pending amendments, and then upon the main question. On a motion for the previous question, and prior to the seconding of the same, a call of the Senate shall be in order, but after a majority shall have seconded such motion, no call shall be in order prior to a decision of the main question.

14. When the previous question is decided in the negative, it shall leave the main question under debate for the residue of the sitting, unless disposed of by taking the question, or in some other manner.

15. Any five members may make a call of the Senate and require absent members to be sent for, but a call of the Senate cannot be made after the voting has commenced, and the call of the Senate being in order, and the absentees noted, the doors shall be closed and no member permitted to leave the room until the report of the Sergeant-at-Arms be received and acted upon, or further proceedings in the call be suspended by a vote of two-thirds of the Senate.

16. The President shall rise to put a question, but may state it sitting.

17. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.

18. If a question in debate contains several points, any member may have the same divided, but on motion to strike out and insert, it shall not be in order to move for a division of the question, but the rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor prevent a subsequent motion simply to strike out, nor shall the rejection of a motion simply to strike out, prevent a subsequent motion to strike out and insert.

19. All so called substitute motions and resolutions shall be considered as amendments only, and shall be subject to the rules relating thereto, except such matters as may be reported by committees.

20. In filling up blanks the largest sum and longest time shall be first put.

21. When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by a vote of the Senate, and without debate.

22. When the ayes and nays shall be called for by two of the members present, each member called upon shall declare openly, and without debate, his assent or dissent to the question, unless by special reason he be excused by the Senate.

23. When the ayes and nays shall be taken on any question in pursuance of the above rule, no member shall be permitted, under any circumstances whatever, to vote after the decision is announced from the chair.

24. On a motion made and seconded to shut the doors of the Senate, on the discussion of any business which may in the opinion of the Senate require secrecy, the presiding officer shall direct the lobby to be cleared, and during the discussion of such motion the doors shall remain shut.

25. No motion shall be deemed in order to admit any person or persons whatsoever, other than a Senator, within the Senate chamber, to present any petition, memorial or address.

26. When a question has been carried or negatived, it shall be in order for any member of the majority to move for the reconsideration thereof. But no motion for the reconsideration of any vote shall be in order after a bill, resolution, message, report, amendment, or motion, upon which the vote was taken, shall have gone out of the possession of the Senate, announcing their decision; nor shall any motion to reconsider be in order unless made on the same day on which the vote was taken, or within the next two days of actual session of the Senate thereafter.

27. The President of the Senate, or President _pro tempore_, shall have the right to name a member to perform the duties of the Chair; but such substitution shall be for that day only.

28. Every petition or memorial, or other paper, shall be referred, of course, without putting a question for that purpose, unless the reference be objected to at the time the same is presented; and before any petition or other paper shall be received or read, a brief statement of the contents of the same shall be verbally made by the introducer.

29. The following shall be the order of business for the day:

1. Calling the roll.
2. Prayer by the Chaplain.
3. Reading the journal.
4. Petitions and memorials.
5. Reports from standing committees.
6. Reports of special or select committees.
7. Resolutions.
8. Amendments proposed by the House to Senate bills.
9. Introduction of bills.
10. Bills on first reading.
11. Bills on second reading.
12. Bills on third reading, and final passage.
13. Special order of the day.
14. Unfinished business.

30. All bills introduced in the Senate shall, after the second reading be printed for the use of the members, but no other paper or document shall be printed without special order.

31. Every bill shall receive three readings at length previous to its being passed, and the President shall give notice at each, whether it be the first, second or third, which readings shall be on three different days. All resolutions to which the signature of the Governor may be requisite, shall be treated, in all respects, in the introduction and form of proceedings on them in the Senate, in a similar manner with bills, and all other resolutions shall lie on the table one day before being taken up for consideration, and also all reports of committees.

32. No bill shall be committed or amended until it shall have been twice read, after which it shall be referred to a committee.

33. All bills after second reading shall be printed and considered by the Senate in the committee of the whole before they shall be taken up and proceeded on by the Senate, agreeably to the standing rules, unless otherwise ordered. When the Senate shall consider a bill or resolution as a committee of the whole, the President or President _pro tempore_ shall call a member to fill the chair during the time the Senate shall remain in committee of the whole.

34. The final question, upon the second reading of every bill, resolution or motion, originating in the Senate and requiring three readings previous to being passed, shall be, “whether it shall be engrossed and read a third time?” And no amendments shall be received for discussion at a third reading, of any bill, resolution or motion, unless by unanimous consent of the members present, but it shall at all times be in order, upon the final passage of any bill, resolution or motion, to move its commitment, and shall such commitment take place, and any amendment be reported by the committee, said bill, resolution or motion, shall again be read the second time and considered in committee of the whole, and then the aforesaid question shall be again put.

35. The title of bills shall be inserted on the journals.

36. When motions are made for reference of the same subject to a select committee and to a standing committee, the question on reference to the standing committee shall first be put.

37. When motions are made for reference of the same subject to a select committee and to a standing committee, the question on reference to the standing committee shall first be put.

37. When nominations shall be made in writing by the Governor to the Senate, a future day shall be assigned, unless the Senate otherwise direct, for taking them into consideration.

38. All confidential communications made by the Governor shall be kept secret. When acting on confidential or executive business, the Senate room shall be closed to all persons except the Secretaries and Sergeant-at-Arms. All information or remarks touching the character or qualifications of any person nominated by the Governor to office, shall be kept secret. The legislative proceedings, the executive proceedings, and the confidential legislative proceedings of the Senate, shall be kept in separate and distinct books.

39. The proceedings of the Senate, when not acting in committee of the whole, shall be entered on the journal as concisely as possible, care being taken to detail a true and accurate account of the proceedings and 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 be inserted on the journal.

40. Messages shall be sent to the House by the Secretary or Assistant Secretary; the Secretary having previously endorsed the final determination of the Senate thereon.

41. The Sergeant-at-Arms shall not permit any person not a member or officer of the Senate to pass inside the railing, in the rear of the seats of the members, at any time during the session of the Senate, except the Judges of the Supreme and District Courts, the Governor and other State officers, and duly accredited representatives of the press, and the members of the Legislature of the State of Colorado, and such other persons as may be invited by the members.

42. Messengers may be introduced in any stage of business, except when a question is being put, whilst the ayes and nays are being called, or while the ballots are being counted.

43. The rules of the Senate shall be observed in the committee of the whole so far as they may be applicable, except that a member may speak oftener than twice on the same subject, and the ayes and nays shall not be taken nor the previous question enforced.

44. A motion that the committee rise shall always be in order, and shall be decided without debate.

45. All committees shall be appointed by the presiding officer, unless otherwise directed by the Senate.

46. Any official or member of the Senate convicted of disclosing any matter directed by the Senate to be held in confidence, shall be liable, if an officer, to dismissal from the service of the Senate, and in case of a member, to suffer expulsion from the body.

47. The committee on engrossment shall examine all bills and resolutions after they are engrossed and before action is taken thereon, and report the same to the Senate when correctly engrossed.

48. The committee on enrollment shall examine all bills referred to them, and report the same to the Senate correctly enrolled. Said committee may report at any time.

49. There shall be a standing committee to consist of five members (of which the President _pro tempore_ shall be _ex-officio_ a member), on rules.

50. No rule of the Senate shall be altered, suspended or rescinded, without the vote of two-thirds of the members elected.

51. The rules of parliamentary practice comprised in Cushing’s Parliamentary Law Practice of Legislative Assemblies, shall govern the Senate in all cases in which they are applicable, and in which they are not inconsistent with the standing rules and orders of the Senate, and the joint rules of the Senate and House of Representatives.

The following standing committees shall be elected by the Senate:

1. Judiciary.
2. Finance, Ways and Means.
3. Mines and Mining.
4. Education, School and University Lands.
5. Incorporations and Railroads.
6. Public Lands.
7. Agriculture and Manufactures.
8. Stock.
9. Fees and Salaries.
10. Irrigation.
11. Immigration.
12. Elections.
13. State Institutions and Public Buildings.
14. Counties and County Lines.
15. Roads and Bridges.
16. Military Affairs.
17. Indian Affairs.
18. Penitentiary.
19. Federal Relations.
20. Printing.
21. Engrossment.
22. Enrollment.
23. Rules.

RULES AND ORDERS OF THE HOUSE.

MEETINGS, QUORUM, ETC.

1. The hour for the daily meeting of the House shall be 10 o’clock in the morning, unless some other be designated by the House at the time of its adjournment.

2. A majority of the House shall constitute a quorum, but a smaller number may adjourn from day to day and compel the attendance of absent members, and may inflict such censure or pecuniary penalty as they may deem just, on those who being called for that purpose shall render no sufficient excuse for their absence.

3. No member shall be excused from attendance for more than one day without the consent of two-thirds of all the members present.

4. Upon the appearance of a quorum, the journal of the preceding day shall be read by the Clerk, and any mistake therein may be corrected by the House.

SPEAKER.

5. The Speaker shall take the chair at the time to which the House stands adjourned, and the House shall then be called to order, and the roll of the members called.

6. The Speaker shall vote on all questions taken by yeas and nays, and on all elections, or divisions called for by any member.

7. The Speaker shall preserve order and decorum; and shall decide questions of order, subject to an appeal to the House.

8. The Speaker may leave the chair, and appoint a member to preside, but not for a longer time than one day, except by leave of the House.

9. The Speaker shall cause the Clerk to make a list of all bills, resolutions, reports of committees, and other proceedings of the House, which are committed to a committee of the whole House, and which are not made the order of the day for any particular day, and to number the same, which list shall be called, “The General Orders of the Day;” and they shall be taken up in the order in which they are numbered, unless otherwise ordered by a majority of the House; and the Clerk shall also keep a book, showing the situation and progress of all bills.

ORDER OF THE DAY.

10. On the meeting of the House the order of the day shall be as follows: