RULE 17. "No member shall absent himself from the House without leave." The phrase "the House" refers to the Representatives' Chamber alone. SANFORD, H. 1874, p. 313.

The presence of a quorum is not necessary to excuse a member from attending. BARRETT, H. 1890, p. 774.

COMMITTEES.

RULE 20. For sundry rulings as to reports of committees, see notes on the Joint Rules, under the head of "Committees."

“A committee on Ways and Means." Notwithstanding a previous investigation and report by the committee on Claims, or other committee, it seems that this committee has power to examine every matter before it as a new question, and decide for or against it, on its merits. JEWELL, H. 1870, p. 454. But see House Rule 44.

RULE 24. A point of order that a bill was improperly before the House for the reason that two of the members of the committee reporting it were ineligible under this rule was held not to be well taken. MYERS, H. 1900, p. 1431.

RULE 25. For the ruling which is embodied in this section, see LONG, H. 1878, p. 347. See House Rule 40.

RULE 30. A bill is special or general as it applies to one or all of the individuals of a given class. BATES, H. 1897, p. 182. See also notes to Senate Rule 16.

After a bill has been ordered to a third reading it is too late to raise the point of order that the bill is in violation of this rule. Cox, H. 1915, p. 1158; CUSHING, H. 1914, p. 1466; BARRETT, H. 1892, p. 698. See also MEYER, H. 1894, p. 350.

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"Can be secured under existing laws." It is the province of the committee, not of the Speaker, to determine whether the object of an application can be secured under existing laws. MEYER, H. 1894, pp. 350, 485; BARRETT, H. 1892, p. 1160; MYERS, H. 1901, p. 1048.

Pending the point of order that the object desired by a bill could be secured by existing law, a motion to recommit was entertained. NOYES, H. 1887, p. 808.

"Or without detriment to the public interests by a general law." Prior to the adoption of this rule a committee could not change a special to a general bill. SANFORD, H. 1874, p. 502. Nor could the Legislature change a private or special bill by amendment into a general law. SANFORD, H. 1874, pp. 217, 513; LONG, H. 1878, 117, 361. See also NOYES, H. 1888, p. 600.

pp.

RULE 31. See notes to House Rule 40 and Joint Rule 8.

"No legislation affecting the rights of individuals," etc. A bill to prohibit the imposition of fines, or deductions of wages of employees engaged in weaving, was held not to affect the rights of individuals otherwise than as it affected the interests of the whole people. NOYES, H. 1888, p. 476.

On a petition for general legislation it is not permissible to report a special bill. FROTHINGHAM, H. 1905, p. 272.

For a case in which an amendment restricting the scope of a bill to some of the cases covered by it was held not to affect the rights of individuals otherwise than as they were affected by the original bill, see MARDEN, H. 1883, pp. 484, 522, 523.

Under this rule in the form which it had before 1890, it was held that an order to consider the expediency of

legislation limiting the maximum fares on trunk or main lines of steam railroads did not affect the "legal" rights of such corporations otherwise than as it affected generally the interests of the whole people of the Commonwealth. BARRETT, H. 1889, p. 230.

A bill requiring railroad corporations, when issuing new stock, to sell the same at auction, was held not to come within the scope of this rule. BARRETT, H. 1891, p. 638.

A bill providing for supervision by the State of the issue of securities by water companies was held not to be within the scope of this rule. BARRETT, H. 1893, p. 986.

A bill contemplating legislation affecting certain trust companies differently from other trust companies of the same class was held to be within the scope of the rule. BARRETT, H. 1891, p. 866.

"Shall be proposed or introduced except upon a petition." On a petition asking the extension of the provisions of a certain act, a bill cannot be reported extending the provisions of a different act. SANFORD, H. 1874, p. 392.

For instances in which bills have been ruled out because not based upon petition, see BARRETT, H. 1889, pp. 26, 230, 390.

RULE 32. See notes to House Rule 40 and Joint Rule 9.

REGULAR COURSE OF PROCEEDINGS.

It is the custom of the House to have the chaplain officiate only once during each calendar day. MYERS, H. 1903, p. 1065.

RULE 36. Immediately after the Speaker calls for petitions, etc., and before any are presented, a motion

to proceed at once to the consideration of the Orders of the Day is not out of order. MYERS, H. 1903, p. 965.

RULE 37. After a petition has been presented in accordance with the rules, and the question on its reference has been stated, it is then too late to call for a vote on its reception. HALE, H. 1859, p. 64.

RULE 38. Papers from the Senate may be laid before the House by the Speaker after the Orders of the Day have been laid upon the table. MYERS, H. 1903, p. 1064.

legislation.".

RULE 40. "Motions contemplating This rule does not prevent the introduction of orders of inquiry or investigation, but does take away the power of committees making investigations under such orders to report bills. The rule does not prevent suggestions of legislation. BATES, H. 1898, p. 456.

"Founded upon petition." The loss of a petition, which the records show to have been duly presented, does not bar procedure thereunder. WALKER, H. 1909, p. 847.

The committee on Ways and Means may originate and report appropriation bills based upon existing law." This rule does not give the committee authority to insert in an appropriation bill a section providing for the discontinuance of a work which an existing statute (St. 1899, c. 477) orders to be continued, thus in effect repealing the statute. MYERS, H. 1903, p. 328.

RULE 41. This rule is not applicable to motions for adjournment. RICE (acting Speaker), H. 1859, p. 224.

Quære, whether an order can be postponed without question after the discussion of it has begun. See KINNICUTT, H. 1844, p. 524; BARRETT, H. 1889, p. 700. In a case in which the consideration of an order had

by vote been postponed to a later day, and the order had then been considered and an amendment had been moved, it was held that the order could not then be postponed upon request under this rule, even though the adoption of the amendment would substantially change the order. BARRETT, H. 1889, p. 753.

In order to make a request for postponement a member must obtain the floor in the regular way. BARRETT, H. 1889, p. 699.

When the consideration of an order has been postponed until the succeeding day, at the request of a member under the provisions of this rule, a motion to suspend the rule in connection with said order is not in order, unless the request is withdrawn by the member asking such postponement. With reference to the foregoing, it was also held (and the decision sustained on an appeal) that a motion "to suspend all rules covering procedure in the matter" was not in order. CUSHING, H. 1913, p. 1509.

"An order." In 1890 the word "order" in this rule was held not to include resolutions against a reimposition of a duty on hides. BARRETT, H. 1890, pp. 538, 553. Thereupon the words "or resolution" were inserted in the rule, and in 1899 these words were stricken out again.

RULE 43. When the question, "Shall this bill be rejected?" is pending, a motion to amend the bill is not in order (PHELPS, H. 1856, p. 323), but it is in order to move the previous question. PHELPS, H. 1856, p. 332.

RULE 44. A bill which would operate to deprive the Commonwealth of money to which it would otherwise be entitled comes under the provisions of this rule. WALKER, H. 1909, p. 1020. Cox (acting Speaker),