TERRITORIAL AND STATE OFFICERS.
Reading edition
TERRITORIAL OFFICERS OF COLORADO.
GOVERNORS.
William Gilpin, appointed by Abraham Lincoln July 8, 1861
John Evans, appointed by Abraham Lincoln April 19, 1862
Alexander Cummings, appointed by Andrew Johnson Oct. 17, 1865
A. C. Hunt, appointed by Andrew Johnson May 27, 1867
Edward M. McCook, appointed by U. S. Grant June 15, 1869
Samuel H. Elbert, appointed by U. S. Grant March 9, 1873
Edward M. McCook, reappointed by U. S. Grant August —, 1874
John L. Routt, appointed by U. S. Grant March 29, 1875
SECRETARIES.
Lewis Ledyard Weld, appointed by Abraham Lincoln July 8, 1861
Samuel H. Elbert, appointed by Abraham Lincoln April 19, 1862
Frank Hall, appointed by Andrew Johnson May 2, 1866
Frank Hall, appointed by U. S. Grant June 15, 1869
Frank Hall, reappointed by U. S. Grant June 18, 1873
John W. Jenkins, appointed by U. S. Grant February 12, 1874
John Taffe, appointed by U. S. Grant August 16, 1875
TREASURERS.
George T. Clark, appointed by Gov. Gilpin November 12, 1861
Alexander W. Atkins, appointed by Gov. Evans March 17, 1864
A. C. Hunt, appointed by Gov. Cummings January 25, 1866
John Wanless, appointed by Gov. Cummings September 5, 1866
Columbus Nuckolls, appointed by Gov. Hunt December 16, 1867
Columbus Nuckolls, reappointed by Gov. Hunt March 17, 1868
George T. Clark, appointed by Gov. McCook February 14, 1870
George T. Clark, reappointed by Gov. McCook February 17, 1872
David H. Moffat, Jr., appointed by Gov. Elbert January 26, 1874
Frederick Z. Salomon, appointed by Gov. Routt February 11, 1876
AUDITORS.
Milton M. Delano appointed by Gov. Gilpin Nov. 12, 1861
Richard E. Whitsitt, appointed by Gov. Evans March 10, 1864
Richard E. Whitsitt, appointed by Gov. Cummings January 26, 1866
Hiram J. Graham, appointed by Gov. Cummings December 13, 1866
Nathaniel F. Cheeseman, appointed by Gov. Hunt January 7, 1868
James B. Thompson, appointed by Gov. McCook February 15, 1874
James B. Thompson, reappointed by Gov. McCook February 14, 1870
Levin C. Charles, appointed by Gov. Elbert January 26, 1874
Levin C. Charles, appointed by Gov. Routt February 12, 1876
SUPERINTENDENTS OF PUBLIC INSTRUCTION.
William. J. Curtice, appointed by Gov. Gilpin Nov. 7, 1861
Wm. S. Walker, appointed by Gov. Evans Nov. 15, 1863
Alexander W. Atkins75 Feb. 10, 1865
John Wanless75 January, 1866
Columbus Nuckolls75 March, 1867
Wilbur C. Lothrop, appointed by Gov. McCook March, 1870
Wilbur C. Lothrop, reappointed by Gov. McCook March, 1872
Horace M. Hale, appointed by Gov. Elbert July 24, 1873
Horace M. Hale, reappointed by Gov. Elbert 1874
Horace M. Hale, appointed by Gov. Routt February 9, 1876
DELEGATES TO CONGRESS.
Hiram P. Bennet, elected December 2, 1861
Hiram P. Bennet, re-elected October 7, 1862
Allen A. Bradford, elected July 11, 1864
George M. Chilcott, elected November 14, 1865
George M. Chilcott, re-elected August 7, 1866
Allen A. Bradford, re-elected September 8, 1868
Jerome B. Chaffee, elected September 13, 1870
Jerome B. Chaffee, re-elected September 10, 1872
Thomas M. Patterson, elected September 8, 1874
JUDGES OF THE SUPREME COURT.—CHIEF JUSTICES.
Benjamin F. Hall, appointed by Abraham Lincoln Mar. 25, 1861
Stephen S. Harding, appointed by Abraham Lincoln July 10, 1863
Moses Hallett, appointed by Andrew Johnson April 10, 1866
Moses Hallett, appointed by U. S. Grant April 30, 1870
Moses Hallett, reappointed by U. S. Grant 1874
ASSOCIATE JUSTICES.
Chas. Lee Armour, appointed by Abraham Lincoln Mar. 28, 1861
S. Newton Pettis, appointed by Abraham Lincoln July 9, 1861
Allen A. Bradford, appointed by Abraham Lincoln June 6, 1862
Charles F. Holly, appointed by Andrew Johnson June 10, 1865
William H. Gale, appointed by Andrew Johnson June 10, 1865
William R. Gorsline, appointed by Andrew Johnson June 18, 1866
Christian S. Eyster, appointed by Andrew Johnson Aug. 11, 1866
James B. Belford, appointed by U. S. Grant June 17, 1870
Ebenezer T. Wells, appointed by U. S. Grant Feb. 8, 1871
James B. Belford, reappointed by U. S. Grant 1874
Amherst W. Stone, appointed by U. S. Grant Mar. 1, 1875
Andrew W. Brazee, appointed by U. S. Grant Feb. 24, 1875
UNITED STATES DISTRICT ATTORNEYS.
James E. Daliba, appointed by Abraham Lincoln 1861
Samuel E. Browne, appointed by Abraham Lincoln April 8, 1862
George W. Chamberlain, appointed by A. Johnson Oct. —, 1865
H. C. Thatcher, appointed by Andrew Johnson Jan. —, 1868
Lewis C. Rockwell, appointed by U. S. Grant May —, 1869
H. C. Alleman, appointed by U. S. Grant April —, 1873
C. D. Bradley, appointed by U. S. Grant June 20, 1875
W. H. Parker, appointed Dec. —, 1876
W. S. Decker, appointed by U. S. Grant Jan. 12, 1877
STATE OFFICERS.
EXECUTIVE.
ELECTED FOR TWO YEARS.
Term expires January, 1879.
John L. Routt, of Arapahoe Governor.
Lafayette Head,76 of Conejos Lieutenant-Governor.
William M. Clark, of Clear Creek Secretary.
David C. Crawford,77 of El Paso Auditor.
George C. Corning,77 of Boulder Treasurer.
Archibald J. Sampson, of Fremont Attorney General.
Joseph C. Shattuck,78 of Weld Supt. Public Instruction.
UNITED STATES SENATORS AND REPRESENTATIVE.
Jerome B. Chaffee, of Arapahoe Term expires March, 1879.
Henry M. Teller, of Gilpin Term expires March, 1883.
James B. Belford79 (Rep.), of Gilpin Term expires March, 1879.
JUDICIAL.
JUDGES OF THE SUPREME COURT.
Elected for Nine Years, except as otherwise provided in Constitution, Art. vi. Sec. 8.
Henry C. Thatcher, Chief Justice Term expires Nov., 1879.
Samuel H. Elbert, Associate Justice Term expires Nov., 1882.
Ebenezer T. Wells, Associate Justice Term expires Nov., 1885.
DISTRICT JUDGES.
ELECTED FOR SIX YEARS.
Term expires Nov., 1882.
William E. Beck, of Boulder First District.
Victor A. Elliott, of Arapahoe Second District.
John W. Henry, of Pueblo Third District.
Thomas M. Bowen, of Rio Grande Fourth District.
DISTRICT ATTORNEYS.
ELECTED FOR THREE YEARS.
Term expires Nov., 1879.
Edward O. Wolcott, of Clear Creek First District.
David B. Graham, of Arapahoe Second District.
John M. Waldron, of Huerfano Third District.
Columbus W. Burris, of Rio Grande Fourth District.
[For Judicial Districts see Constitution, page 86, sec. 13.]
REGENTS OF THE UNIVERSITY.
Levi W. Dolloff, President; Junius Berkley, Secretary.
Frederick J. Ebert, of Arapahoe, six years Term expires 1882.
Wm. H. Van Gieson, of Rio Grande, two years Term expires 1878.
Levi W. Dolloff, of Boulder, four years Term expires 1880.
George Tritch, of Arapahoe, six years Term expires 1882.
Junius Berkley, of Boulder, two years Term expires 1878.
Crescensio Valdez, of Conejos, four years Term expires 1880.
TRUSTEES OF SCHOOL OF MINES.
John H. Yonley, of Summit. Adair Wilson of Rio Grande.
James T. Smith, of Jefferson.
PRESIDENTIAL ELECTORS.
Herman Beckurts, of Arapahoe. Otto Mears, of Saguache, Messenger.
Wm. L. Hadley, of Clear Creek.
MANAGERS OF PENITENTIARY.
Joseph T. Boyd, of Jefferson. O. H. P. Baxter, of Pueblo. B. H. Eaton, of Weld. M. N. Megrue, Fremont, Warden.
TRUSTEES OF DEAF MUTE INSTITUTE.
R. G. Buckingham, of Arapahoe. J. S. Wolfe, of El Paso.
Matt. France, of El Paso.
MEMBERS OF THE STATE BOARD OF AGRICULTURE.
William Watrous, President; Harris Stratton, Secretary.
William F. Watrous, of Larimer. B. S. LeGrange, of Weld.
William A. Bean, of Larimer. P. M. Hinman, of Boulder.
Harris Stratton, of Larimer. M. N. Everitt, of Jefferson.
John Armor, of Arapahoe. John J. Ryan, of Larimer.
STATE OFFICERS OF COLORADO.
OFFICIAL VOTE FOR STATE OFFICERS.
[First General Election, October 3, 1876,.]
Counties. Governor. Lieut. Governor. Secretary of State. Auditor.
John L. Routt. Bela M. Hughes Lafayette Head. Michael Beshoar. Wm. M. Clark. James T. Smith. D. C. Crawford. J. F. Benedict.
Arapahoe 2173 1795 2233 1734 2352 1607 2313 1657
Bent 250 439 246 442 253 434 253 434
Boulder 1539 1096 1485 1034 1572 1076 1572 1076
Costilla 351 173 346 174 352 169 300 171
Conejos 341 218 368 191 341 221 341 221
Clear Creek 1072 1031 1093 1011 1148 952 1081 1019
Douglas 282 333 294 322 293 625 297 320
Elbert 84 117 85 116 83 118 84 117
El Paso 713 397 716 399 722 386 744 370
Fremont 522 531 510 535 525 532 529 527
Gilpin 1005 763 1011 759 1033 730 1013 759
Grand 73 147 85 135 93 127 87 132
Huerfano 410 614 385 637 413 610 416 605
Hinsdale 420 382 409 385 423 362 410 392
Jefferson 537 596 569 574 543 596 519 603
Larimer 374 300 380 293 380 293 362 310
Lake 229 234 218 244 218 246 218 246
Las Animas 669 1271 651 1282 676 1240 680 1257
La Plata 50 108 55 104 54 108 54 108
Park 465 423 467 416 463 416 468 416
Pueblo 543 739 552 714 551 717 553 729
Rio Grande 364 362 357 359 363 362 362 363
Saguache 306 189 277 194 306 186 295 194
San Juan 393 410 397 404 403 399 393 411
Summit 201 185 202 186 209 181 205 182
Weld 788 463 800 449 803 450 568 676
Total 14154 13316 14191 13093 14582 12843 14117 13295
Counties. State Treasurer. Attorney General. Sup. Public Instruct’n.
Geo. C. Corning. Thos. M. Field. A. J. Sampson. G. Q. Richmond. J. C. Shattuck. G. B. Grœsbeck.
Arapahoe 2177 1788 2224 1750 2254 1719
Bent 247 442 254 432 255 434
Boulder 1565 1042 1483 1036 1511 1133
Costilla 335 185 327 194 350 65
Conejos 296 267 341 221 341 219
Clear Creek 1097 1011 1093 1016 1089 1017
Douglas 290 327 291 326 293 329
Elbert 84 117 83 118 83 118
El Paso 694 387 707 406 721 385
Fremont 517 538 519 522 523 533
Gilpin 1005 759 1014 757 1007 762
Grand 84 131 88 132 87 105
Huerfano 371 646 407 614 413 606
Hinsdale 403 395 416 385 408 389
Jefferson 523 578 571 572 572 572
Larimer 371 300 379 294 378 262
Lake 218 246 214 249 218 219
Las Animas 655 1276 673 1265 676 1220
La Plata 54 107 54 108 55 97
Park 494 390 450 417 476 407
Pueblo 540 742 520 750 550 729
Rio Grande 356 369 352 373 362 357
Saguache 295 196 297 194 297 158
San Juan 378 423 388 415 389 —
Summit 204 182 201 183 205 182
Weld 785 466 802 453 791 456
Total 14038 13310 14145 13182 14304 12473
There were scattering votes as follows: 1 for Governor in Jefferson County; 11 for Secretary of State in Hinsdale County; 25 in El Paso and 1 in Jefferson for Auditor; 35 in Jefferson and 2 in Summit for Treasurer; and 415 for Superintendent of Public Instruction, with 93 scattering.
MANUAL OF CUSTOMS, PRECEDENTS AND FORMS.
ORGANIZATION.
The Legislature convenes at 12 o’clock M. on the first Wednesday in January A. D. 1879, and at 12 o’clock M. on the first Wednesday in January of each alternate year forever thereafter, and at other times when convened by the Governor.
Custom, so prevalent and so ancient as to have the force of law, has made it the duty of the clerk of the previous house to call to order, and to conduct the proceedings generally, until a speaker is chosen, but any member elect is competent to perform this duty.
In other States it is the custom for the Secretary of State to furnish to the clerk a certified statement of the names of the members elect, which is read. The members then advance to the clerk’s desk, generally the delegation of each county by itself, and subscribe the oath of office. But in this State the usual proceeding is to choose a Speaker and a clerk pro tem., and to appoint a committee who examine credentials of members elect, and report to the House thus temporarily organized.
The oath of office is then administered to the members elect. It may be administered by the President of the Senate, the Governor, Secretary of State, Attorney General, or any of the Judges of the Supreme Court. It has been administered in this State usually by one of the judges. [Members coming in after the first day of the session are sworn in by the Speaker.] After all are sworn, the roll is called, when, if a quorum is found present, the Speaker pro tem. declares the House to be qualified and competent to proceed to business.
If the members present have determined their choice for officers, the election proceeds forthwith; if not, an adjournment is had until the next day.
It is determined by the House whether the election for Speaker, Clerk, and Sergeant-at-arms and the subordinate officers shall be by ballot, viva voce, or otherwise.
Candidates for Speaker are nominated and the vote taken.
The Speaker pro tem. announces the result, and names a committee to conduct the Speaker elect to the chair. The other elections proceed in the same manner, except that when the result is announced by the Speaker, the officer elect advances to the Clerk’s desk and is sworn in by the Speaker.
A committee is then appointed to wait on the Senate, and inform them that the House is organized; or the Clerk is directed, by resolution, to inform the Senate of the fact.
One of the first duties after organization is the adoption of rules for the government of the House.
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.”