Mr, MILLER. I move to amend the amend-
ment by inserting "three-fifths," so as lo
read "three-fifths of the members elected to
this Convention," instead of a majority. 1
think there ought to be some restraint upon
the power of the majority of the members to
change the rules. The Convention has de-
cided that two-thirds is too large a number ;
and I think that three-fifths might be very
properly considered as giving a sufficient sta-
bility to the rules as adopted.
Mr. KENNARD. If the amendment should
be adopted it would require 58 members to
suspend the rules.
The amendment to the amendment was re-
jected.
The question recurred upon the amendment
moved by Mr. JONES of Somerset.
Mr. BERRY of Baltimore county. Before
deciding that question, I simply desire to
suggest the very great importance of this mat-
ter. I understand the rule to be now that the
rules may be suspended by a majority of the
House. I am by no means satisfied that the
political majority of this House will always
be present. There may be a time when the
political minority may be in the majority. It
is to guard against any difficulty of that kind
that I think it right and necessary—and I ask
gentlemen here carefully to examine it—to
require that a majority of the members elected
to this Convention shall be required to sus-
pend these rules.
The amendment was rejected—ayes 30;
noes 36.
Mr. STOCKBRIDGE moved to strike out the
words "a majority," and to insert the words
"three-filths."
The amendment was adopted—ayes 31 ;
noes 35.
Mr. JONES of Somerset. I would suggest
that it ia possible that this 43d rule that we
have adopted this morning so emphatically
may be suspended by a vole of three-fifths of
a bare quorum. I would move to amend
this rule by inserting after the words "The
Rules," the words "except the 43d."
Mr. CLARKE. I suggest, to the gentleman
that a suspension of the rules is not a change
of the rules at all. There is a regular order
of business. The order of business can be
changed, by suspending the rules, by a vote
of three-fiflhs of the members present. But
no rule can be changed without one day's
notice thereof. In order to change Rule 43d,
it word be necessary that notice should be
given according to Rule 55. Suspension only
refers to the order of business, and not to the
direct change of a positive rule adopted by the
Convention.
Mr. JOKES of Somerset. That obviates the
difficulty, and I withdraw the amendment.
Rule 53d having been read,
Mr. KENNARD said: I move to amend this
rule by inserting after the wolds "engrossed
for a third reading" the following: "If ob- |
jection is made, then a majority of the mem-
bers shall decide upon the question of en-
grossment; after the engrossment of a report
is ordered, the Secretary shall have the same
printed as engrossed."
When the question is put upon engrossing
the report for a third reading, there might be
objection, and it is not clear, and the House
might be unable to determine what to do.
The other portion of the amendment was
suggested by my colleague (Mr. Stirling)
who stated that when bills were ordered to
be engrossed it had not been the custom ac-
tually to engross them or to have them
printed with the amendments adopted upon
the second reading. It is to meet this that 1
offer the second branch of the amendment.
Mr. BERRY of Baltimore county. I should
like to understand what the chairman of
the committee means by the word "engross-
ment " I know that it is the established par-
liamentary custom that when a bill is en-
grossed the Convention or legislative body
has no control over it. It is toe written law.
1 want this to be understood belore we act
upon it.
Mr. KENNARD. My colleague stated that
when a bill had been ordered io be engrossed
it had not been the custom tor that bill to be
brought before the body in a printed form
with the emendations of the second reading.
The object of my amendment wag to meet
that difficulty. 1 may not have framed it in
the most satisfactory manner, but this was
what 1 intended to provide for, that when
ordered to be engrossed the reports should be
i re-written and printed.
The PRESIDENT. It was the impression of
the Chair that when a bill was engrossed, it
was placed on file and it was not in order
further to amend it.
Mr. STOCKBRIDGE. The custom has grown
out of the very loose way of doing things in
i the Legislature. The term " engrossed for a
third reading" means that the bill shall be
re-written, with all the amendments which
have been adopted incorporated in the bill as
a whole. After it has been so consolidated
in one paper and engrossed, it comes before
the House for a third reading in lull as a
whole; and then, if it is adopted, it passes
into the files in the office of the Clerk of the
Court of Appeals, But the custom here baa
been not to have it engrossed between the
second and third reading, but to pass it,
sometimes the next day, often the same day,
and leave the engrossing clerk to prepare the
engrossed copy after its final passage. The
object of this amendment, as I understand it,
is that this engrossment shall actually take
place. If members desire it, for the purpose
of distinctly understanding the matter before
them, it may be printed before its third read-
ing and the vote upon its final passage is
taken. 1 can see no objection to the amend-
ment. |
