CORNELL LAW LIBRARY KF 4992.C93"^" ""'^""V "-ibrary '^°"sJ,i«i'tion, Jefferson s manual and Rul DATE DUE "^iSPWWW* OArcofto MttKtrebiMu.t A. Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017148192 *^S(/sSf*} '^O^S^ °^ REPRESENTATIVES CnS^T CONSTITUTION JEFFERSON'S MANUAL . AND RULES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES WITH A DIGEST OF THE PRACTICE SIXTY-SECOND CONGRESS ' ■ >>>' < THIRD SESSION , ; ;V.' .:j ( ■, , .,( By CHARLES R. CRISP -*■ CLERK AT THE SFEAEEB'S TABLE WASHINGTON GOVERNMENT PRINTING OFFICE 1912 EXPLAl^ATOEY STATEMEIsTT. To most of the decisions herein the references are to Hinds' Precedents, giving volume number and section. Decisions rendered since the publication of the Precedents, and decisions cited not codified in the Precedents, references are to the Con- gressional Record. Believing the rules of the House without annotations are superfluous, and not used by the Members, to reduce the size of the volume, they are left out. The full text of certain important decisions is incorporated herein as sections 942-948, inclusive. Charles R. Crisp. December 9, 1912. [Ill] 00]!^TEli5"TS. Memorandum Order of Business, Page VIII. the constitction. Preamble 3 Article I. — ^The legislative power 4 II. — The executive power 46 III. — The judicial power ,. 54 IV. — Obligations, duties, etc. , of the States 58 V. — Amendments to ■. 63 VI. — Law of the land, etc - - 64 VII.— Ratification of i 68 Amendments ratified 7Q-87 JEFFERSON'S MANUAL^ Section I. — Importance of adhering to rules. 91 III.— Privilege , 94 VI.— Quorum 108 VII.— Call of the House 109 IX.— Speaker 110 X.— Address 112 XI. — Committees 113 XII.— Committee of the Whole.-... ...l..:... 116 XIII. — Examination of witnesses .:...■. 123 XIV. — Arrangement of business 127 XV.— Order 129 XVI. — Order respecting papers 1 129 XVII.— Order in debate 130 XVIII.— Orders of the House 143 XIX.— Petition ...'.i.. ..'.'.. ..:.... 147 XX.— Motions ........*....'........ ...1 148 XXIII.— Bills, leave to bring in ......;. 151 XXIV.— Bills, first reading. ...... .... ..,...:.....:,..... . ,'. ... 151 XXV.— Bills, second reading. . . . IV.'.:'. ''.....':. : . . . . 152 XXVI.— Bills, commitment :......'. '..:: ,...,. 153 XXVII.— Report of committee. : . : . .'. 1 . . . .! . . '.: : L. . . :'.■ 161 XXVIII.— Bills, recommitment. ........... I'.".'.' 1 .'. . 1 . . .' 162 XXIX.— Bills, reports taken up 163 XXX. — Quasi committee 165 [V] CONTENTS. Page. Section XXXI. — ^Bill, second reading in the House 168 XXXII.— Reading papers 170 XXXIII.— Privileged questions 172 XXXIV. — ^The previous question 185 XXXV.— Amendments 189 XXXVI.— Division of the question - 197 XXXVII.— Coexisting questions 200 XXXVIII.— Equivalent questions 201 XXXIX.— The question ■- 203 XL.— Bills, third reading 204 XLI. — Division of the House 208 XLII.— Titles 214 XLIII. — Reconsideration 214 XLI v.— Bills sent to the other House 218 XLV. — ^Amendments between the Houses... 218 XL VI. —Conferences .....'......: 223 XL VII.— Messages 234 XLVIII.— Assent 238 XLIX..^oumals , 240 L. — ^Adjournment 243 LI. — A session : 244 LII .—Treaties 247 LIII. — Impeachment 251 THE RULES. Rule I. — Duties of the Speaker 265 II.— Election of officers 270 III.— Duties of the Clerk 271 IV. — Duties of the Sergeant at Arms 274 V. — Duties of the Doorkeeper 275 VI. — Duties of the Postmaster 276 VII .—Duties of the Chaplain 277 VIII.— Of the Members 277 IX. — Questions of privilege 278 X. — Of committees 281 XI. — Powers and duties of committees. '. 287 XII.— Delegates 312 XIII. — Calendars and reports of committees 313 XIV. — Of decorum and debate '. ,. . 316 XV. — On calls of the roll and House ^.. 323 XVI. — On motions, their precedence, etc 328 XVII . — Previous question 34O [VI] CONTENTS. Page. Rule XVIII.— Reconsideration 345 XIX.— Of amendments 349 XX. — Of amendments of the Senate 351 XXI.— On bills 352 XXII. — Of petitions, memorials, bills, and resolutions 367 XXIII.— Of Committees of the Whole House 371 XXIV.— Order of business 380 XXV.— Priority of business 395 XXVI. — ^Unfinished business of the session 395 XXVII. — Change on suspension of the rules 396 XXVIII.— Conference reports 402 XXIX. — Secret sessions 404 XXX. — Reading of papers 404 XXXI.— Drawing of seats 1 405 XXXII.— Hall of the House 406 XXXIII.— Of adfliission to the floor. 407 XXXIV.— Of admission to the galleries 409 XXXV.— Official and other reporters 409 XXXVI.— Pay of witnesses 413 XXXVII.— Papers 413 XXXVIII.— Withdrawal of papers.. 414 XXXrX.— Ballot 415 XL.— ^Messages 415 XLI. — Executive commimications 415 XLII. — Qualifications of officers and employees 416 XLIII. — Jefferson's Manual 416 FORMS. Of putting questions '. 423 Of petitions - -. 424 Of orders, resolutions, and bills , 425 Of reports of committees 426 Of resolutions providing for an investigation >i..;.",. 429 Of special order for consideration of a bill 429 Of letters of resignation 430 Of ceremonies for deceased Members.. . , ^. 431 Stages, of a bill qf the House -j,7.--r ■•-' • ^^5 Miscellaneous: Franking privilege - 441 Rooms in the Office Building 441 Distribution of documents 443 Campaign publicity act 444 Important decisions 453 Index 485 [VII] GENERAL ORDER OF BUSINESS. Rule 24. First. Prayer by Chaplain. Second. Reading and approval of Journal. Third. Correction of reference of public bills. Foiuth. Disposal of business on Speaker's table. Fifth. Unfinished business. Sixth. The morning hour for the consideration of bills. Seventh. Motion to go into the Committee of the Whole House on the state of the Union. Eighth. Orders of the day. SPECIAL ORDER OF BUSINESS. Mondays. On first and third Mondays: First. Unanimous Consent Calendar. Rule 13, clause 3. Second. Motions to suspend rules. Rule 27, clause 1. Third. Motion to discharge committees. Rule 27, clause 4. Second and fourth Mondays: First. District of Columbia business. Rule 24, clause 8. Wednesdays. Call of committees under Calendar Wednesday. Rule 24, clause 7. Fridays. Bills on the Private Calendar. Rule 24, clause 6. Second and fourth private pensions. Except second and fourth private claims. [viii] CONSTITUTION. [1] §j 1, 2. CONSTITUTION OF THE UNITED STATES: 1787. We the People of the United States, in Order to form a more perfect Union, establish { 1. The preamble. . . ^ , ' Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to our- selves and our Posterity, do ordain and establish this Constitution for the United States of America. Decisions of the Supreme Court of the United States relating to the pre- amble are: Chisholm v. Georgia, 2 Dall., 419; McCullooh v. State cort"**""'""*"'*"' °* Maryland et al., 4 Wh., 316; Brown et al. v. Mary- land, 12 Wh., 419; Barron v. The Mayor and City Coim- cil of Baltimore, 7 Pet., 243; Dred Scott v. Sanford, 19 Howard, 393; Lane County v. Oregon, 7 Wall., 71; Texas v. White et al., 7 Wall., 700; Claflia ii. Houseman, assignee, 93 U. S., 130; Williams v. Bruffy, 96 U. S., 176; Tennessee v. Davis, 100 U. S., 257; Langford v. United States, 101 U. S., 341; United States v. Jones, 109 U. S., 513; Port Leavenworth Rail- road Co. V. Lowe, 114 U. S., 525; The Chinese Exclusion Case, 130 U. S., 581; Geofroy «. Riggs, 133 U. S., 258; In re Neagle, 135 U. S., 1; In re Ross, 140 U. S., 453; Logan v. United States, 144 U. S., 263; Lascelles v. Georgia, 148 U. S., 537; Pong Yu'e Ting v. United States, 149 U. S., 698; In re Tyler, 149 U. S., 164; United States v. E. C. Knight Co., 156 U. S., 1; Mattox v. United States, 156 U. S., 237; In re Quarles and Butler, 158 U. S., 532; In re Debs, Petitioner, 158 U. S., 564; Ward v. Race Horse, 163 U. S., 504; De Lima v. Bidwell, 182 U. S., 1; Prout v. Starr, 188 U. S., 537; Jacobson v. Massachusetfa, 197 U. S., 11; South Carolina v. United States, 199 U. S., 437; Ellis v. U. S., 206 U. S., 246; Dick v. U. S., 208 U. S., 340; MuUer v. Oregon, 208 U.S., 412. [3] CONSTITXrriON OF THE UNITED STATES. §5 8-6. ARTICLE I. Section. 1. All legislative Powers herein granted shall be vested in a Congress of the § 8. LegislatlTe pow- ers Tested In Con- United States, which shaU consist of a Senate and House of Representatives. Decisions of the Supreme Couit of the United States: Haybum's case (notes), 2 Dall., 409; Field v. Clark, J 4. Decisions of the 3^43 ^ g^ g^g. Unjon Bridge Co. v. United States, 204 '"' ■ U. S., 364; United States v. Heinszen, 206 U. S., 370; St. Louis & Iron Mountain Railway v. Taylor, 210 U. S., 281; Monongahela Bridge Co. v. United States, 216 U. S., 177; United States v. Grimaud, 216 U. S., 614. Section. 2. ^ The House of Repre- b/pe"pTe'*orthe°'°'' seutatlves shall be composed of Mem- states every second ^gj.g (jhoseu cvery sccond Year by the People of the several States, * * *_ This clause requires election by the people and State authority may not determine a tie by lot (I, 775). The term of a Congress begins on the 4th of March of the odd numbered years and extends through two years. This results from § 6. Term of a Con- ^.j^g action of the Continental Congress on September crpss 13, 1788, in declaring, on authority conferred by the Federal Convention, ' ' the first Wednesday in March next " to be " the time for commencing proceedings under the said Constitution." This date was the 4th of March, 1789. And soon after the first Congress assembled a joint committee determined that the terms of Representatives and Senators of the first class commenced on that day, and must necessarily terminate with the 3d of March, 1791 (I, 3). By a practice having the force of com- mon law, the House meets at 12 m. when no other hour is fixed (1, 4, 210), and as legislative rather than calendar days are observed by the Houses of Congress, it has followed that the 3d of March must extend to the hour of 12 m. on March 4, and this hour has been fixed as that on which a Con- gress expires (V, 6694-6697). Although the last session may be adjourned before that hour (V, 6724, footnote), in practice this does not happen; and the Speaker at the horn: of 12 m., March 4, usually declares the House [4] CONSTITUTION OF THE UNITED STATES. §§ 7-10. adjourned sine die, without motion or vote, even interrupting a pending roll call (V, 6715-6718). But a motion to adjourn- may be put and carried (V, 6711-6713). Section. 2. * * * and the Electors in each § 7. Electors of the gtate shall have the QuaUfications re- Honse of Represent- . , atiTes. quisite lor Electors of the most numer- ous Branch of the State Legislature. The House, in the decision of an election case, has rejected votes cast by persons not naturalized citizens of the United States, although they were entitled to vote under the statutes of a State (I, 811);>but where an act of Congress had provided that a certain class of persons should be deprived of citizenship, a question arose over the proposed rejection of their votes in a State wherein citizenship in the United States was not a qualification of the elector (I, 451). In an exceptional case the House rejected votes cast by persons lately in armed resistance to the Government, although by the law of the State they were qualified voters (J, 448); but later, the House declined to find persons disqualified as voters because they had formerly borne arms against the Government (II, 879). Decisions of the Supreme Covat of the United States. S 8. Decisions of the ^^ ^^^^ Yarbrough, 110 U. S., 651; Wiley v. Sinkler, • 179 U. S., 58. s 9. Age as a qnaii- 2 Nq persou shall be a Representative resentative. who shall not have attained to the Age of twenty-five Years, * * *. A Member-elect not being of the required age, he was not enrolled by the Clerk and he did not take the oath until he had reached the required age (I, 418). § 10. citizenship as * * * and bceu seven Years a Citi- aqnallflcatlonofthe tt -j. j c(j. j. •!• -fc * Member. . zeu of the United States, * * *_ A native of South Carolina, who had been abroad during the Revolution and on his return had not resided in the country seven years, was held to be qualified as a citizen (I, 420). A IJember who had long been a resi- dent of the country, but who could produce neither the record of the court nor his final naturalization papers, was nevertheless retaiued ia his seat by the House (1, 424). [5] CONSTITTJTION OF THE UNITED STATES. §§ 11,12. * * * and who shall not, when as a quaiiflcation of elccted, be an Inhabitant of that State in which he shall be chosen. The meaning of the word, "inhabitant" and its relation to citizenship has been discussed (I, 366, 434), and the House has held that a mere ao- journer in a State was not qualified as an inhabitant (I, 369), but a con- testant was found to be an actual inhabitant of the State although for sufficient reason his family resided in another State (II, 1091). Residence abroad in the service of the Government does not destroy inhabitancy as understood under the Constitution (I, 433). One holding an office and residing with his family for a series of years in the District of Columbia exclusively was held disqualified to sit as a Member from the State of his citizenship (I, 434); and one who had his business and a residence in the District of Columbia and had np business. or residence in Virginia was held ineligible to a seat from that State (I, 436). One who had a home in the District of Columbia, and had inhabited another home in Maryland a brief period before his election, but had never been a citizen of any other State, was held to be qualified (I, 432). Also a Member who had resided a portion of a year in the District of Columbia, but who had a home in the State of his citizenship and was actually living there at the time of the election, was held to be qualified (I, 435). It has been decided by the House and Senate that no State may add § 12. Qaallflcatlons *° ^^^ qualifications prescribed by the Constitution other than those (I, 414-416, 632). Whether Congress may by law specified by the establish qualifications other than those prescribed by Constitution. ^g Constitution has been the subject of much discus- sion (I, 449, 451, 457, 458, 478); but in a case wherein a statute declared a Senator convicted of a certain offense "forever thereafter incapable of holding any office of. honor, trust, or profit under the Government of the United States," the Supreme Court expressed the opinion that the final judgment of conviction did not operate, ipso facto, to vacate the seat or compelthe Senate to expel or regard the Senator as expelled by force alone of the judgment (II, 1282). Whether the House alone may get up qualifi- cations other than thoge of the Constitution has also been a subject often discussed (I, 414, 415, 443, 457, 458, 469, 481, 484). The Senate has always declined to act on the supposition that it had such a power (I, 443, 483), and during the stress of civil war the House of Representatives declined to exercise the power, even under circumstances of great provocation (1, 449, 465). But later, in one instance, the House excluded a Member-elect [6] CONSTITUTION OF THE UNITED STATES. U 18-15. on the principal argument that it might itself prescribe a qualification not specified in the Constitution (I, 477). Both Houses of Congress have decided, when a Member-elect is found 5 18 Minority *° ^® disqualified, that the person receiving the next candidate not highest number of votes is not entitled to the seat (I, seated when 323, 326, 450, 454, 463, 469), even in a case wherein returned Member te seasonable notice of the disqualification was given to dUqnallfled. ^j^^ ^j^^^^^ ^j_ ^g^^ ^ Jlepresentatives and direct Taxes shall be a^p por^ 5 14. The old tione4 amon p; the several States which provision for mav be included within this Union, apportionment of . , Representatives according; to theiT respective Numbers. and direct taxes. -i*i ini ii ■ ii ii* which shall be determined by adding to the whole Number of free persons, including those bound to Service for a Term of Years, and ex- cluding Indians not taxed, three fifths of all other Persons. * * * This provision was changed after the civil war by section 2 of the Four- teenth Amendment. * * * The actual Enumeration shall be made within three Years after the first Meet- ILiB of"™' *' * ing of the Congress of the United States, apportionment. o o / and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumera- tion shall be made, the State of New Hampshu-e shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Con- necticut five, New-York six, New Jersey four, Penn- [7] CONSTITUTION OF THE UNITED STATES. S§ 16-18. sylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five. South Carolina five, and Georgia three. Under the last apportionment, act of August 8, 1911, the House of Rep- resentatives will be composed of 435 Members. Decisions of the Supreme Court of the United States: Dred Scott v. Sandford, 19 Howard, 393; Veazie Bank v. Fenno, 8 Wall., 533; Scholey v. Rew, 23 Wall., 331; De Treville v. !hl*io2rt.*''°"' "' Smalls,' 98 U. S., 517; Gibbons v. District of Columbia, 116 U. S., 404; Pollock v. Earmers' Loan & Trust Co. (Income Tax case), 157 U. S., 429; Pollock v. Farmers' Loan & Trust Co. (Rehearing), 158 U. S., 601; Thomas v. United States, 192 U. S., 363. *When vacancies happen in the Representation . J, ^jijj j^^ from any State, the Executive Au- vacMcilsta thority thereof shall issue Writs of representation. -r-ii .■ j. £n i tt" Jhilection to faU such Vacancies. Vacancies are caused by death, resignation, declination, withdrawal, or by action of the House in declaring a vacancy as existing or causing one by expulsion. It was long the practice to notify the executive of the State when a vacancy was caused by the death of a Member during de^Hi^"'''^"''^ '''"° * session (II, 1198-1202); but since improvements in transportation have made it possible for deceased Members to be buried at their homes it has been the practice for State authorities to take cognizance of the vacancies without notice. When a Member dies while not in attendance on the House or during a recess the House is sufficiently informed of the vacancy by the credentials of his successor, when they set forth the fact of the death (I, 568). The death of a Member-elect creates a vacancy, although no certificate may have been awarded (I, 323), and in such a case the candidate having the next highest number of votes may not receive the credentials (I, 323) . A Member whose seat was contested dying, the House did not admit a claimant with creden- tials until contestant's claim was settled (I, 326); and where a contestant died after a report in his favor, the House unseated the returned Member and declared the seat vacant (II, 596)*. [8] CONSTITUTION OF THE UNITED STATES. I§ 19-22. In recent practice the Member frequently informs the House by letter that his resignation has been sent to the State executive res^Itton"'"' ^"'" ^^^' 1167-1176) and this is satisfactory evidence of the resignation (I, 567) . And where he does not inform the House the State executive may do bo (II, 1193, 1194). But sometimes the House learns of a Member's resignation only by means of the credentials of his successor (II, 1195, 1356). Where the fact of a Member's resignation has not appeared either from the credentials of his successor or otherwise, the Clerk has been ordered to make inquiry (11, 1209), or the House has ascertained the vacancy from information given by other Members (II, 1208). It has been established that a Member or Senator may resign, appointing a future date for his resignation to take effect, and until the arrival of the date may participate in the proceedings (II, 1220-1225, 1228, 1229). A Member who had resigned was not permitted by the House to withdraw the resignation (II, 1213). Only in a single exceptional case has the House taken action in the direction of accepting a resignation (II, 1214). Sometimes Members who, have resigned have been reelected to the same House and taken seats (II, 1210-1212, 1256). A Member who has not taken his seat has resigned (II, 1231). A letter of resignation is presented as privileged (II, 1167-1176); but a resolution to permit a Member to with- draw his resignation was not so treated (II, 1213). A Member who has been elected to a seat may decline to accept it, and in such a case the House informed the executive of the from dl^taaHon. ®*^*® °^ ^^ vacancy (II, 1234). The House has decided an election contest against a returned Member who had not appeared to claim the seat (I, 638). In one instance' a Member-elect who had been convicted in the courts did not appear during the term (IV, 4484, footnote). At the time of the secession of several States Members of the House from those States withdrew (II, 1218). In the Senate, in wfthdr^war'^ ^^ ^^^^ °^ ^"*^^ withdrawals, the Secretary was directed to omit the names of the Senators from the roll (II, 1219), and the act of withdrawal was held to create a vacancy which the legislature might recognize (I, 383). Where the House, by its action in a question of election or otherwise, creates a vacancy, the Speaker is directed to notify the S 22. Vacancy by Executive of the State (I, 502, 709, 824; II, 1203-1205). action of the Honse. . , .• , , ' .A ,,.. • ^ j A resolution as to such notification is presented as a question of privilege (III, 2589). 69373°— 12 2 [9] CONSTITtTTION OF THE UNITED STATES. II 28-27. The House declines to give prima facie effect to credentials, even though they be regular in form, until it has ascertained whether § 23. Qnestlonsasto ^j. ^^^ ^he seat is vacant (I, 322, 518, 565, 569), and a the existence of a , , ■> . i i j.. vacancy. person returned as elected at a second election was un- seated on ascertainment that another person had actually been chosen at the first election (I, 646). The term "vacancy" as occurring'in this paragraph of the Constitution has been examined in relation to the functions of the I 24. Functions ot g^^^g executive (I, 312, 518). A federal law empowers ln*fllllii"- vacancies. *^^ States and Territories to provide by law the tilnes of elections to fill vacancies (I, 516); but an election called by a governor in pursuance of constitutional authority was held vaUd although no state law prescribed time, place, or manner of such election (I, 517). Where two candidates had an equal number of votes, the governor did not issue credentials to either, but ordered a new election after they had waived their respective claims (I, 555). 5 2B. Term of a -^ Member elected to fill a vacancy serves no longer Member elected to time than the remainder of the term of the Member flU a vacancy. whose place he fills (I, 3). * The House of Representatives shall I 26. Honse chooses ^ • n i ^ t r-\rr- the Speaker and chuse their Speaker and other Oificers; other officers. ,1. 51, * The oflBcers of the House are the Speaker, who has always been one of its Members and whose term as Speaker must expire with his term as a Mem- ber; and the Clerk, Sergeant-at-Arms, Doorkeeper, Postmaster, and Chap- lain (I, 187), no one of whom has ever been chosen from the membership of the House, and who continue in office until their successors are chosen and qualified (I, 187), in one case continuing through the entire Congress succeeding that in which they were elected (I, 244, 263). The House for- merly provided by special rule that the Clerk should continue in office until another should be chosen (I, 187, 188, 235, 244); and in later years the stat- utes have imposed on the Clerk, Sergeant-at-Arms, and Doorkeeper duties which contemplate their continuance (I, 14, 15). The Speaker, who was at first elected by ballot, has been chosen by viva § 27. The vote on voce vote since 1839 (I, 187). In 1809 the House held election of a that a Speaker should be elected by a majority of all Speaker. present (I, 215); and in 1879 it was held that a majority of all the membership of the House was not required, but only a majority of those present if a quorum (I, 216). On two occasions, by special rule, [10] CONSTITUTION OF THE UNITED STATES. §§ 28-82. Speakers were chosen by a plurality of votes; but in each case the House by majority vote adopted a resolution declaring the result (I, 221, 222). The House has declined to choose a Speaker by lot (I, 221). The Speaker having died during the recess of Congress, the Clerk at the .next session called the House to order, ascertained the the office of'sDeaker Presence of a quorum, and then the House proceeded to elect a successor (I, 234). Speakers have resigned by rising in their place and addressing the House (I, 231, 233), by calling a Member to the Chair and tendering the resignation verbally from the floor (I, 225), or by sending a letter which the Clerk read to the House at the be- ginning of a new session (I, 232). When the Speaker resigns no action of the House excusing him from service is taken (I, 232). In one instance a Speaker resigned on the last day of the Congress, and the House elected a successor for the day (I, 225). The effect of a law to regulate the action of the House § 29. Power of House -j^ ^loosing its own officers has been discussed (IV, related to law. 3819), and such a law has been considered of doubt- ful validity (V, 6765, 6766) in theory and practice (1,241, 242). The office of Clerk becoming vacant, it was held that the House would not be organized for business until a Clerk should be § 30. Election of elected (I, 237); but in another instance some business busUiess"*"" intervened before a Clerk was elected (I, 239). At the time of organization, while the Clerk of the preceding House was yet officiating, and after the Speaker had been elected, the House proceeded to legislation and other business before electing a Clerk (I, 242, 244). But in one case it was held that the law of 1789 bound the House to elect the Clerk before proceeding to business (I, 241). „. „ , „ * . * * and [the House of Represent- § SI. House of Rep- ^ ^ resentatives alone atives] shall have the sole Power of impeaches. , Impeachment. In 1868 the Senate ceased in its rules to describe the House, acting in an impeachment, as the "grand inquest of the nation. " (III, 2126.) Section 3. ^ The Senate of the United States shall , .» „ „ be composed of two Senators from each § 82. Numbers, t" ... terms, and rotes of State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. [11] CONSTITUTION OF THE UNITED STATES. §§ 38-35. ^Immediately after they shall be assembled in .„„,.. , Consequence of the first Election, they S 33. Division of ^ , „ v the Senate Into ghall be divided as equally as may be classes. .^^^ ^^^^ classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the thu-d Class at the Expiration of the sixth Year, so that . ,. x,.,n , one-third may be chosen every second § 34. filling of va- ■' ■ i i canciesinthe Year; and if Vacancies happen by Resignation, or otherwise, diu-ing the Recess of the Legislature of any State, the Execu- tive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. ^ No person shall be a Senator who shall not have § 35. Qnaiiflcations attained to the Age of thu-ty Years, and of Senators. j^ggj^ j^jj^g Years a Citizen of the United States, and who shall not, when elected, be an Inhab- itant of that State for which he shall be chosen. In 1794 the Senate decided that Albert Gallatin was disqualified, not having been a citizen nine years although he had served in the war of Independence and was a resident of the country when the Constitution was formed (I, 428); and in 1849 that James Shields was disqualified, not having been a citizen for the required time (I, 429). But in 1870 the Senate declined to examine as to H. R. Revels, a citizen under the recently adopted fourteenth amendment (I, 430). As to inhabitancy the Senate seated one who, being a citizen of the United States, had been an inhabitant of the State from which he was appointed for less than a year (I, 437). Also one who, while stationed in a State as an army officer had declared his intention of making his home in the State, was admitted by the Senate (I, 438). A Senator who at the time of his election was actually residing in the District of Columbia as an officeholder, but who voted in his old home [12J COKSTITUTION OF THE TTNITED STATES. §§ »6-39. and had no intent of making the District hie domicile, was held to be qualified (I, 439). * The Vice President of the United dent",iIi^\TH;te!'"" ^tates shall be President of the Senate, but shall have no Vote, unless they be equally divided. The right of the Vice-President to vote has been construed to extend to questions relating to the organization of the Senate (V, 5975), as the election of officers of the Senate (V, 5972-5974), or a decision on the title of a claimant to a seat (V, 5976, 5977). The Senate has declined to make a rule relating to the vote of the Vice-President (V, 5974). § 81. Choice of ^ The Senate shall chuse their other President pro tem- Ofl&cers, and also a President pro pore and other • i a i ■<■ i • officers of the tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. ® The Senate shall have the sole Power to try all Im- peachments. When sitting for that impeachmra'tand Purpose, they shall be on Oath or Syote.*"'" Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be con- victed without the Concurrence of two thirds of the Members present. In 1868, after matiure consideration, the Senate overruled the old view of its functions (III, 2057), and decided that it sat for impeachment trials as the Senate and not as a court (III, 2057), and eliminated from its rules all mention of itself as a "high court of impeachment" (III, 2079, 2082). An anxiety lest the Chief Justice might have a vote in the appi-oaching trial of the President seems to have prompted this fldta ''officer*" action (III, 2057). There was examination of the question of the Chief Justice's power to vote (III, 2098) ; but the Senate declined to declare his incapacity to vote, and he did in fact give a casting vote on incidental questions (III, 2067). The Senate [13] CONSTITUTION OF THE UNITED STATES. declined to require that the Chief Justice be sworn when about to preside (III, 2080); but the Chief Justice had the oath administered by an asso- ciate justice (III, 2422.) TT ■ J In impeachments for officers other than the President of the Umted States the presiding officer of the Senate presides, ' whether he be Vice- President, the regular President pro tempore (III, 2309, footnote, 2337, 2394) or a special President pro tempore chosen to preside at the trial only (III, 2089, 2477). Senators elected after the beginning of an impeachment trial are sworn as in the case of other Senators (III, 2375). The quo- § 40. Oath, and ^^ ^^ ^j^^ Senate sitting for an impeachment trial is qnorum. ^ quorum of the Senate itself, and not merely a quorum of the Senators sworn for the trial (III, 2063). In 1868, when certain States were without representation, the Senate declined to question its compe- tency to try an impeachment case (III, 2060). ^ Judgment in Cases of Impeachnient shall not extend further than to removal from in ca8es"of "™ Office, and disqualification to hold and impeachment. ^^-^^ ^^^ q^^^ ^f ^^^^^ rj.^^^ ^^ p^^^g^ under the United States: but the Party convicted shall nevertheless be liable and subject to Indict- ment, Trial, Judgment and Punishment, according to Law. There has been discussion as to whether or not the Constitution requires both removal and disqualification on conviction (III, 2397); but in the case of Pickering the Senate decreed only removal (III, 2341). In the case of Humphreys judgment of both removal and disqualification was pronounced (III, 2397). The question on removal and disqualification has been held divisible for the vote (III, 2397). Section 4. ^ The Times, Places and Manner of §42. Times, place., hoWiug Electlous for Senators and Rep- and manner of reseutativcs, shall be prescribed in each elections of _ . ^ . ^ Representatives State by the Legislature thereof; but and Senators. ^i /-n ' . , • t -r the Congress may at any time by Law make or alter such Regulations, except as to the places of chusing Senators. [14] CONSTITUTION OF THE UNITED STATES. §§ 4S-46. The relative powers of the Congress and the States under this paragraph have been the subject of much discussion (I, 311, 313, 507, footnote); but Congress has in fact fixed by law the time of elections (I, 508), and has controlled the manner to the extent of prescribiag a ballot or voting machine (II, 961). When a State delegated to a municipality the power to regulate the manner of holding an election, a question arose (II, 975). Whether or not a State, in the absence of action by Congress, might make the time of election of Congressmen contingent on the time of the state election (I, 522). The meaning of the word "legislature" in this clause of the Constitution 5 48. Functions of a ^^^ been the subject of discussion (II, 856), as to State leglslatnre In whether or not it means a constitutional convention as fixing time, etc., of -well as a legislature in the commonly accepted meaning elections. ^^ ^j^g ^^^^ ( j_ 534) rj^^ House has sworn in Members chosen at an election the time, etc., of which was fixed by the schedule of a constitution adopted on that election day (I, 519, 520, 522). But the House held that where a legislature has been in existence a constitutional convention might not exercise the power (I, 363, 367). It has been argued generally that the legislature derives the power herein discussed from the Federal and not the State Constitution (II, 856, 947), and therefore that e state constitution might not in this respect control the state legislature 11,1133). The House has sustained this view by its action (I, 525). But where the state constitution fixed a date for an election and the legislature bad not acted, although it had the opportimity, the House held the election valid (II, 846). Decisions of the Supreme Court of the United States: Ex parte Siebold, 100 U. S., 371; Ex patte Clarke, \**- »«'"«l'>»' 100 U. S., 399; Ex parte Yarbrough, 110 U. S., 651; I econr . United States v. Waddell et al., 112 U. S., 76; In re Coy, 127 tJ. S., 731. ^ The Congress shall assemble at least once in every MS. Annual meet- Year, and such Meeting shall be on the tag of Congress. gj.g^ Monday in December, unless they shall by law appoint a different Day, In the later but not the earlier practice (I, 5) the fact that Congress has met once within the year does not make uncertain the constitutional man- date to meet on the first Monday of December (1,6, 9-11). Early Congresses, convened either by proclamation or law on a day earlier than the constitu- [15] % CONSTITUTION OF THE UNITED STATES. IS 4fr49. tional day, remained in continuous session to a time beyond that day (I, 6, 9^11). But in the later -view an existing session ends with the day ap- pointed by the Constitution for the regular annual session (II, 1160). Con- gress has frequently appointed by law a day for the meeting (I, 4, 5, 10-12, footnote): 5 46. House the SECTION 5. ^ Each House shall be the Jetaras,'aid"°°'' JudgB of the Electiaiis, Retxirns and qualifications. Qualifications of its own Members, The House has the same authority to determine the right of a Delegate to his seat that it has in the case of a Member (I, 423). The House may not delegate the duty of judging its elections to another tribunal (I, 608), and the courts of a State have nothing to do with it (II, 959). The House has once examined the relations of this power' to the power to expel (I; 469). As nearly all the laws governing the elections of Representatives in Con- 5 47. Power of greaa are State laws, questions have often arisen as to judging; as related the relation of this power of judging to those laws (I, to state laws as 637) . The House decided very early that the certificate to returns. ^^ ^^ state executive issued in strict accordance with state laiw does not prevent examination of the votes by the House and a reversal of the return (I, 637). The House has also held that it is not con- fined to the conclusions of returns made up in strict conformity to state law, but may examine the votes and correct the returns (I, 774); and the fact that a state law gives canvassers the right to reject votes for fraud and irregu- larities does not preclude the House from going behind the returns (II, 887). When the question concerns not the acts of returning officers, but the § 48. Power of a^t of the voter in giving his vote, the House has found Judging as related more difficulty in determining on the proper exercise to state laws as ^f j^g constitutional power. While the House has to acts of the voter. , . , xi. ■ • i j? • • ■ , always acted on the principle of giving expression to the intent of the voter (I, 575, 639, 641; II, 1090), yet in its later practice it has held that a mandatory state law, even though arbitrary, may cause the rejection of a ballot on.which the intent of the voter is plain (II, 1009, 1056, 1077, 1078, 1091). Where the state courts have upheld a state election law as constitutional § 49. Power of the House does not ordinarily question the law (II, House as related 856, 1071). But where there has been no such decision rfstTtoTw^T"*'^ ^^^ ^°^' ^"^ determining its election cases, passes on the validity of state laws under state constitutions (II, 1011, 1134), and has acted on its decision that they were unconstitu- tional (II, 1075, 1126). [16] CONSTITUTION OF THE TJNITED STATES. I§ 60-53. The courts of a State have nothing to do directly with judging the elec- § 60. Effect of tions, qualifications, and returns of Kepresentatives Interpretation of in Congress (II, 959); but where the highest state i!ws*b'"stite court has interpreted the state law the House has courts.^ * * * concluded that it should generally be governed by this interpretation (II, 645, 731, 1041, 1048). The House is not bound, however, by a decision on an analogous but not the identical question in issue (II, 909); and where the alleged fraud of elec- tion judges was in issue, the acquittal of those judges in the courts was held not to be an adjudication binding on the House (II, 1019). The statutes of the United States provide specific methods for institu- § 61. Laws of tion of a contest as to the title to a seat in the House J^^^'^^""* (I, 678, 697-706); but the House regards this law as HonsotaTts * °°* °* absolute binding force, but rather a wholesome function of ™1® ^^o* ^o be departed from except for cause (I, 597, Judging Its 719, 825, 833), and it sometimes by resolution modifies elections. the procedure prescribed by the law (I, 449, 600). * * * and a Majority of each [House] shall con- The stitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Out of conditions arising between 1861 and 1891 the rule was established ,„ , , ^ that a majority of the Members chosen and living con- § 63. Interpreta- . , ' ■' . , , , ' „ . . , , tlon of the Con- stituted the quorum required by the Constitution (IV, stltntlon as to 2885-2888) ; but later examination has resulted in a number constituting decision confirming in the House of Representatives a quorum. ^^ construction established in the Senate that a quo- rum consists of a majority of Senators duly chosen and sworn (I, 630; IV, 2891-2894). So the decision of the House now is that after the House is once organized the quorum consists of a majority of those Members chosen, sworn, and living whose membership has not been terminated by resigna- tion or by the action of the House (IV, 2889, 2890). §82 quorum [17] CONSTITUTION OF THE UNITED STATES. §§ 54, 55. For many years the quorum was determined only by noting the num- bers of Members voting (IV, 2896, 2897), with the result of the quorum"^ ^^^ Members by refusing to vote could often break a present; and the quonun and obstruct the public business (II, 1034; count by the jy, 2895, footnote; V, 5744). But in 1890 Mr. Speaker Speaker. Reed directed thp Clerk to enter on the Joxumal as part of the record of a yea-and-nay vote names of Members present but not voting, thereby establishing a quorum of record (IV, 2895). This de- cision, afterwards sustained by the Supreme Conrt (IV, 2904), established the principle that a quorum present made valid any action by. the House, although an actual quorum might not vote (I, 216, footnote; IV, 2932). And thenceforth the point of order as to a quorum was required to be that no quorum was present and not that no quorum had voted (IV, 2917). At the time of the establishment of this principle the Speaker revived the count by the Chair as a method of determining the presence of a quo- rum at a time when no record vote was ordered (IV, 2909). The Speaker has permitted his count of a quorum to be verified by tellers (IV, 2888), but did not concede it as a right of the House to have tellers under the circumstances (IV, 2916), claiming that the Chair might determine the presence of a quorum in such manner as he should deem accurate and suitable (IV, 2932). The Chair counts all members in sight, whether in the cloak rooms or within the bar (IV, 2970). Later, as the complement to the new view of the quorum, the early theory that the presence of a quorum is as necessary during debate or other business as on a vote was revived (IV, 2935-2949); also, a line of Ailings ma^e under the old theory- were overruled, and it was established that the point of no quorum might be made after the House had declined to verify a division by tellers or the yeaa and nays (IV, 2918-2926). The absence of a quorum having been disclosed, there must be a quorum of record before the House may proceed to business th^'qu^oZra^L [IV' .2f ?' 2953), and the point of no quorum may not of the Honse. "® Withdrawn after the absence of a quorum has been ascertained and announced by the Chair (IV, 2928- 2931). But when an action has been completed, it is too late to make the point of order that a quorum was not present when it was done (IV, 2927). But where action requiring a quorum was taken in the ascertained absence of a quorum by ruling of a Speaker pro tempore, the Speaker on the next day ruled that the action was null and void (IV, 2964). But such absence of a quorum should appear from the Journal if a legislative act is to be vacated for such reason (IV, 2962), and where the assumption that a quorum was present when the House acted was uncontradicted by the Journal, it [18] CONSTITUTION OF THE UNITED STATES. §§ 56-59. was held that this assumption might not he overthrown by expressions of opinion by Members individually (IV, 2961). If a question as to a quorum is raised before the reading of the Journal, A, quorum must be ascertained before the reading may begin (IV, 2732, 2733) . While messages are received in the absence of a quorum they are not read (IV, 3522; V, 6600, 6650). No motion is in order on the failure of a quorum but the motions to adjourn and for a call of the House (IV, 2950). A call of the House is in order under the Constitution in the absence of other rule (IV, 2981). Those present on a call of the House may prescribe a fine as a condition on which an arrested Member may be discharged (IV, 3013, 3014), but this is rarely done. At the time of organization the two Houses inform one another of the § 56. Relations of. appearance of the quonmi in each, and the two Houses the qnoram to jointly inform the President (1, 198-203). A message organization of the from one House that its quorum has appeared is not ''°°'*' delivered in the other until a quorum has appeared there also (1, 126) . But at the beginning of a second session of a Congress the House proceeded to business, although a quorum had not appeared in the Senate (1, 126) . At the beginning of a second session of a Congress unsworn Members- elect were taken into account in ascertaining the presence of a quorum (1, 175). In both Houses the oath has been- administered to Members-elect in the absence of a quorum (I, 174, 181, 182), although in one case the Speaker objected to such proceeding (II, 875). 'Decisions of the Supreme Court of the United States: 5 57. Decisions of United States v. Ballin, 144 U. S., 1; In re Loney, the court. 134 U.S., 317. § 58. The House ^ Each HousB may determine the determines Its rules. R^leg of itS PrOCeedillgS, * * *. The power of each House of Representatives to make its own rules may not be impaired or controlled by the rules of a preceding § 59. Power to make jjouse (I, 187, 210; V, 6002, 6743-6747), or by a law Ty ralTorTaw.""* P^^^^^ by a prior Congress (I, 82, 245; IV, 3298, 3579; V, 6765, 6766). But a law^passed by an existing Con- gress with the concurrence of the House has been recognized by that House as of binding force in matters of procedure (V, 6767, 6768). In exercising its constitutional power to change its rules the House may confine itself within certain limitations (V, 6756); but the attempt of the House to deprive the Speaker of his vote as a Member by a rule was successfully resisted (V, 5966, 5967). While a law of 1789 requires the election of a Clerk before the House proceeds to business, yet the House has held that [19] CONSTITtlTION OF THE UNITED STATES. §§ 60-63. it may adopt rules before electing a Clerk (I, 245). It has adopted a rule before election of a Speaker (I, 94, 95); but in 1839 was deterred by the law of 1789 and the Constitution from adopting rules- before the administration of the oath to Members-elect (I, 140). The earlier theory that an officer might be empowered to administer oaths by a rule of either House has been abandoned in later practice and the authority has been conferred by law (III, 1823, 1824, 2079, 2303, 2479). Before the adoption of rules the House is governed by general parlia- mentary law, but the Speakers have been inclined to § 60. Procedure In ^^^ weight to the precedents of the House in modify- CDC 11.01186 D6l0r6 Xu.B ,_ _ , i»Tjl /-rr /m^n m^nn\ adoption of rules. ^^S t"^ usual constructions of that law (V, 6758-6760). The general parliamentary law as understood in the House is founded on Jefferson's Manual and modified by the practice of American legislative assemblies, especially of the House of Representatives (V, 6761-6763), but the provisions of the House's accustomed rules are not necessarily followed (V, 5509, 5604). The two Houses of Congress adopted in the early years of the Govem- , „, , . ^ , ment joint rules to govern their procedure in matters § 61. Joint rules. .• : " . . ^. ... requmng concurrent action; but in 1876 these ]omt rules were abrogated (IV, 3430; V, 6782-6787). The most useful of their provisions continue to be ob8erve4 in practice, however (IV, 3430; V, 6592). * * * [Each House may] punish its Members 5 62. Punishment for disorderly Behaviour, and, with and expulsion of , i /^ » . j i • i i Members. the Ooucurrence ot two thirds, expel a Member. The two methods of punishment are censure and expulsion. In action for censure the House has discussed as to whether or by CTn^re!"""*"* °°* *® principles' of the procedure of the courts should be followed (II, 1255). In one instance, pending con- sideration of a resolution to censure a Member, the Speaker informed him that he should retire (II, 1366), but this is not usual, and Members against whom resolutions have been pending have participated in debate, either by consent (II, 1656) or without question as to consent (II, 1246, 1253). But after the House had voted censure and the Member has been brought to the bar by the Sergeant-at-Arms to be censured, it was held that he might not then be^heard (II, 1259). A resolution of censure should not apply to more than one Member (II, 1240, 1621). Censure is inflicted by the Speaker (II, 1259) and the words are entered in the Journal (II, 1251, [20]. CONSTITUTION OF THE UNITED STATES. * §§ 61-66. 1656). When Members have resigned pending proceedings for censure, the House has nevertheless adopted the resolutions of censure (II, 1239, 1273, 1275, 1656). Members have been censured for personalities and other disorder in debate (II, 1251, 1253, 1254, 1259), assaults on the floor (II, 1665), for presenting a resolution alleged to be insulting to the House (II, 1246), and for corrupt acts (II, 1274, 1286). In one instance Members were censured for acts before the election of the then existing House (II, 1286). The power of expulsion has been the subject of much discussion (I, 469, 476, 481; II, 1264, 1265, 1269). In 6ne case a Member- bT e'xoiXlon"* elect who had not taken the oath was expelled (ll, 1262), and in another case the power to do this was discussed (I, 476). In one instance th^ Senate assumed to annul its action of expul- sion (II, 1243). The Supreme Court has decided that a judgment of con- viction under a disqualifying statute does not compel the Senate to expel (II, 1282). The power of expulsion in its relation to offenses committed before the Members' election has been discussed (II, 1286), and in one caee the Judiciary Committee of the House concluded that a Member might not be punished for an offense alleged to have been committed against a preced- ing Congress (II, 1283); but the House itself declined to express doubt as to its power to expel and proceeded to inflict censure (II, 1286). But this case is exceptional, and in general both Houses have distrusted -their power to punish in such cases (II, 1264, 1284, 1285, 1288, 1289). The resignation of the accused Member has always caused a suspension of proceedings for expulsion (II, 1275, 1276, 1279). The House, in a proceeding for expulsion, declined to give the Member a trial at the bar (II, 1275); but the Senate has per- 5 "*^2n!**"" '"' ^^^^^^ counsel to appear at its bar (II, 1263), although it declined to grant a request for a speciflc statement of charges or compulsory process for witnesses (II, 1264). Members threatened with expidsion have been heard on their own behalf by consent (II, 1273, 1275), or as a matter of right (II, 1269, 1286). In general, there has been discussion as to whether or not the principles of the procedure of the courts should be followed (II, 1264). The Senate once expelled several Senators by a single resolution (II, 1266). Members and Senators have been expelled for treason (II, 1261), for high misdemeanor inconsistent with public duty (II, 1263), for friendship or association with enemies of the Government and absence from their seats (II, 1269, 1270), and for bearing arms against the Government (II, 1267). 6 66 Propositions ^ proposition to censure or expel a Member presents for punishment a question of privilege (II, 1254, 2648-2651). entertained as of pilvllege. ^ [21] CONSTITUTION OF THE UNITED STATES. §§ 67-71. ^ Decisions of the Supreme Court of the United States: Anderson v. Dunn, 6 Wh., 204; Kilbourn v. Thomp- the court? "^ son, 103 U. S., 168; United States v. Ballin, 144 U. S, 1; In re Chapman, 166 U. S., 661. ^ Each House shall keep a Journal of its Proceed- § 68. Each House ings, and from time to time publish to keep a journal, ^j^g game, excepting such Parts as may in their Judgment require Secrecy; * * * The Journal and not the Congressional Record is the official record of the proceedings of the House (IV, 2727). Its nature and the official record. functions have been the subject of extended discus- sions (IV, 2730, footnote). The House has fixed its title (IV, 2728). While it ought to be a correct transcript of the proceed- ings of the House, the House has not insisted on a strict chronological order of entries (IV, 2815). The Journal is dated as of the legislative and not the calendar day (IV, 2746). The Journal records proceedings but not the reasons therefor (IV,, 2811) § 70. Journal a °^ ^^ circumfitances attending (IV, 2812), or the state- record of ments or opinions of Members (IV, 2817-2820). Excep- proceedlngs 4nd not tions to this rule are rare (IV, 2808, 2825) . Protests have , of reasons. ^^ ^.^^ occasions been admitted by the action of the House (IV, 2806, 2807), but the entry of a protest on the Journal may not be demanded by a Member as a matter of right (IV, 2798) and such demand does not present a question of privilege. The House controls its Journal and may decide what are proceedings, § 71. House's even to the extent of omitting things actually done or absolute control of recording things not done (IV, 2784); and the Speaker entries In the entertained a motion to amend it so as to cause it to lonrna . ^^^^ what was not the fact, leaving it for the House to ' decide on the propriety of the act (IV, 2785), holding that he could not prevent a majority of the House from so amending the Journal as to undo an actual transaction (IV, 3091-3093) . And only in rare instances the House has nullified proceedings by rescinding the records of them in the Journal (IV, 2787), the House and Senate usually insisting on the accuracy of its Journal (IV, 2783, 2786). In rare instances the House and Senate have rescinded or expunged entries in Journals of preceding Congresses (IV, 2730, footnote, 2790-2793). [22] CONSTITUTION OF THE UNITED STATES. |§ 72-76 The Journal should record the result of every vote and state in general . -» „ ^ . terms the subject of it (IV, 2804); but the result of a §72, Record of . . j j • /. , -L ,-, votes to the Jonmal. ^^^ "^ recorded m figures only when the yeas and nays are taken (IV, 2827), or when a vote is taken by ballot, it having been determined in latest practice that the Journal should show not only the result but the state of the ballot or ballots (IV, 2832). It is the uniform practice of the House to approve its Journal for each legislative day (IV, 2731). Where Joiunals of more % 78. Approval of ., • . . , ^, ^ , the lonmal. "'^'^ "^^ session remain unapproved, they are taken up for approval in chronological order (IV, 2771-2773). In ordinary practice the Journal is approved by the House without the formal putting of the motion to vote (IV, 2774). The motion to amend the Journal takes precedence of the motion to approve it (IV, 2760); but the motion to amend may not Motions to ^jg admitted after the previous question is demanded amend the Journal. .. ,-t-,t r,-2r.-. on a motion to approve (IV, 2770). An expression of opinion as to a decision of the Chair was held not in order as an amend- ment to the Journal (IV, 2848). While a proposed correction of the Journal may be recorded in the Journal, yet it is not in order to insert in full in this indirect way what has been denied insertion in the first instance (IV, 2782,- 2804, 2805). The earlier practice was otherwise, however (IV, 2801-2803). The Journal of the last day of a session is not approved on the assembling of the next session, and is not ordinarily amended (IV, 2743, 2744). * * * and the Yeas and Nays of the Members of either House on any question shall, at J 75. Yeas and nays ^,.11.1 -r. entered on the the Desire of one fifth of those Present, onraa . ^^ entered on the Journal. The yeas and nays may be ordered before the organization of the House (I, 91), but are not taken in Committee of the Whole I 76. Conditions of ^jy^ 4722, 4723). They are not necessarily taken on nav*8 ^** ^'^ passage of a resolution proposing an amendment to the Constitution (V, 7038, 7039). In the earlier practice of the House it was held that less than a quorum might not order the yeas and nays, but for many years the decisions have been uniformly the other way (V, 6016-6028). Neither is a quorum necessary on a motion to recon- sider the vote whereby the yeas and nays are ordered (V, 5693). When a quorum fails on a yea and nay vote it is the duty of the Speaker and the [23] CONSTITUTION OF THE UNITED STATES. §§ 77-80. House to take notice of that fact (IV, 2953, 2963, 2988). In this caae the order for the yeas and nays remains effective whenever the bill again comes before the House (V, 6014, 6015), and it has been iheld that the question of consideration might not intervene on a succeeding day before the second calling of the yeas and nays (V, 4949). The yeas and nays may be demanded while the Speaker is announcing the result of a division (V, 6039), while a vote by tellers th"yeas"nd W8. ^^ ^^^^S taken (V, 6038), and even after the announce- ment of the vote if the House has not passed to other business (V, 6040, 6041). But after the Speaker has announced the result of a division on a motion and is in the act of putting the question on another motion it is too late to demand the yeas and nays on the first motion (V, 6042). And it is not in order during the various processes of a division to repeat a demand for the yeas and nays which has once been refused by the House (V, 6029, 6030, 6031). The constitutional right of a Member to demand the yeas and nays may not be overruled as dilatory (V, 5737); but this constitutional right does not exist as to a vote to second a motion when such second is required by the rules (V, 6032-6036). The right to demand the yeas and nays is not waived by the fact that the Member demanding them has just made the point of no quorum and caused the Chair to count the House (V, 6044). In passing on a demand for the yeas and nays the Speaker need determine only whether one-fifth of those present sustain the lH!;.?htt^^SfT demand (V, 6043). After the House, on a vote by ordered by one-nfth. n -i . i i . tellers, has refused to order the yeas and nays it is too late to demand the count of the negative on an origina;l rising vote (V, 6045). A motion to reconsider the vote ordering the yeas and nays is in order § 79. Beconsldera- (^> 6029), and the vote may be reconsidered by a ma- tlon of the vote jority. If the House votes to reconsider the yeas and ordering the yeas nays may again be ordered by one-fifth (V, 5689-5691). *^*' But when the House, having reconsidered, again orders the yeas and nays, a second motion to reconsider may not be made (V, 6037). In one instance it was held that the yeas and nays might be demanded on a motion to reconsider the vote whereby the yeas and nays were oi;dered (V, 5689), but evidently there must be a limit to this process. The vote whereby the yeas and nays are refused may be reconsidered (V, 5692). In the general but not the universal practice debate has not been closed 5 80 Eff t f ^^ ^^ ordering of the yeas and nays until one Member ordeioftheyeas ^^ responded to the call (V, 6101-6105, 6160, 6161). and nays. -A- motion to adjourn (V, 5366) may be admitted after the yeas and nays are ordered and before the roll call has begun (V, 5366); and a motion to suspend the rules has been entertained [24] CONSTrrUTION OF THE UNITED STATES. §§ 81-85. after the yeas and nays have been demanded on another matter (V, 6835). A demand for tellers ia not precluded or set aside by the fact that the yeas and nays are demanded and refused (V, 5998). Decisions of the Supreme Court of the United States: 5 81. Decisions of ^^^^^ ^- ^^^^' ^^^ ^- ^•' ^'^^' United States t). BaUin, thec'onrt. 144 U. S., 1; Twin City Bank v. Nebeker, 167 U. S., 196; Wilkes County v. Coler, 180 U. S., 506. * Neither House, during the Session of Congress, § 82. Adjournment ^hall, without the Cousent of the other, for more than three adjoum for more than three days, nor to any other Place than that in which the two Houses shall be sitting. The House of Representatives in adjourning for not "more than three days" must take into the count either the day of ad- of'tlAtn^hL [o^^or the day of meeting (V, 6673, 6674), and the three-day Umlt. Sunday is not taken into account in making this com- putation (V, 6673, 6674). The House has by standing order provided that it should meet on two days only of each week instead of daily ,(V, 6675). Before the election of Speaker the House has adjourned for more than one day (I, 89, 221). Congress is adjourned for more than three days by a concurrent resolu- tion (IV, 4031, footnote) . When it adjourns in this way, § 84. BesolDtlons ^^^ ^^^ ^^ ^^ beyond the day fixed by Constitution or for adjonmment of , , , , , •' . , . , the two Houses. '^'^ ^°^ ^^^ ^®^* regular session to begin, the session is not thereby necessarily terminated (V, 6676, 6677). Neither House has ever adjourned for more than three days by itself with the consent of the other, but resolutions have been offered for the accom- plishment of that end (V, 6702, 6703). On one occasion the two Houses pro- vided for an adjournment to a certain day, with a provision that if there should be no quorum present on that day the session should terminate (V, 6686). A concurrent resolution to provide for adjournment for more than three days is offered in the House as a matter of privilege (V, 6701-6706) . Section 6. ^ The Senators and Representatives § 85. fompensation shall receive a Compensation for their of Members. Services, to bc ascertained by Law, and paid out of the Treasury of the United States. * * * 69373°— 12 3 [25] CONSTrruTION OF THE UNITED STATES. §§ 86-90. This compensation has been ascertained by law at various times, the present rate being fixed at $7,500 a year for Members I 86. Salary, mile- ^^^ Delegates, and $12,000 a year for the Speaker, with ' ■ mileage at the rate of 20 cents per mile estimated by the nearest route usually traveled in going to and returning from each regular session (II, 1159, 1160). The statutes also provide for deductions from the pay of Members and Delegates who are absent from the sessions of the House for reasons other than illness of themselves and families, or who retire before the end of the Congress (IV, 3011, footnote). The law as to deductions has been held to apply only to Members who have taken the oath .(II, 1154). Members and Delegates are paid monthly on certificate of the Speaker during sessions and of the Clerk during recesses. The Sergeant-at-Arms, or in case of his disability, the Treasurer of the United States, disburses the pay of Members (II, 1148). Questions have arisen frequently as to compensation of Members, espe- cially in cases of Members elected to fill vacancies to compensatton?' (^' ^^' ^^' ^^^^^ ^^^ where there have been questions as to incompatible offices (I, 500) or titles to seats (II, 1206). Each Member and Delegate receives $125 annually for stationery and the Clerk maintains a stationery room for supplying !uo™ncTa°n7cierk ^"^^^^^^^ ("' ^^^^' ^^^2). Also each Member and Dele- hire. ' gate receives $1,500 annually for hire of clerks neces- sarily employed by him for official work (II, 1151). * * * They [the Senators and Representatives] i 89. Privilege of ^^^^^ ^^ ^^ Cases, cxccpt TreasoH, Members from Felonv, and Bpeach of the Peace, be arrest. • -i i c » , ' , privileged from Arrest during then- At- tendance at the Session of their respective Houses, and in going to and returning from the same; * * * The word "felony" in. this provision has been interpreted not to refer 90 Assertions of *° ^ delinquency in a matter of debt (II, 2676), and privilege of Mem" "treason, felony, and breach of the peace" have been bers by the House, construed to mean all indictable crimes (III, 2673). The courts have discussed and sustaiued the privilege of the Member in going to and returning from the session (III, 2674); and [26] CONSTITTTTION OF THE UNITED STATES. §§ 91,92. where a person assaulted a Member on his way to the House, although at a place distant therefrom, the House arrested him on warrant of the Speaker, arraigned him at the bar and committed him (II, 1626, 1628). Other assaiUts under these circumstances have been treated as breaches of privi- lege (II, 1645). Where a Member had been arrested and detained under mesne process in a civil suit during a recess of Congress, the House decided that he Was entitled to discharge on the assembling of Congress, and lib- erated him and restored him to his seat by the hands of its own officer (III, 2676). § 91. Members * * * and for any Speech or De- priviieged from bate in either House, they [the Senators being questioned i t-> ' J \- " for speech or and Representatives] shall not be ques- debate. a' t • . i i tioned in any other place. This privilege as to "any speech or debate" applies generally to "things done in a session of the House by one of its Members in relation to the business before it" (II. 1655; III, 2675). For assaulting a Member for words spoken in debate, Samuel Houston, not a Member, was arrested, tried, and censured by the House (II, 1616-1619). Where Members have assaulted other Members for words spoken in debate (II, 1656) or proceeded by duel (II, 1644), or demanded explanation in a hostile manner (II, 1644) the House has considered the cases as of privilege. A communication addressed to the House by an official in an Executive Department calling in question words uttered by a Member in debate was criticised as a breach of privilege and withdrawn (III, 2684). An explanation having been demanded of a Member by a person not a Member for a question asked of the latter when a witness before the House, the matter was considered but not pressed as a breach of privilege (III, 2681). A letter from a person supposed to have been assailed by a Member in debate, asking properly and without menace if the speech was correctly reported, was held to involve no question of privilege (III, 2682). Unless it be clear that a Member has been questioned for words spoken in debate, the House declines to act (II, 1620; III, 2680). Decisions of the Supreme Court of the United States: Cox V. M'Clenachan, 3 Dall., 478; Kilboum v. Thomp. thfionrf''""' "' ^°^' ^0^ ^- ^•' ^^^' Williamson v. United States, 207 U. S., 425. [27] CONSTITtmON OF THE UNITED STATES. §§ 93-96. ^No Senator or Representative shall, during the Time for which he was elected, be ap- appointment of pointed to any Civil Office under the Members to office, ^^^^^^^^.^^y ^f ^^^ United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; * * *_ In a few cases questions have arisen under this paiagraph (1, 506, footnote). * * * and no Person holding any § 94. Members not . , ^ ^ i n i to hold office under Office uuder the United States, shall be the United States. -.^ , i>-ji tt I'l.* a Member of either House during his Continuance in Office. The meaning of the word "office" as used in this paragraph has been discussed (I, 185, 417, 478, 493; II, 993), as has also the general subject of incompatible offices (I, 563). The Judiciary Committee has concluded that members of commissions created by law to investigate and report, but having no Lcomtltlbirofflcts! legislative, executive, or judicial powers, and visitors to academies, regents, directors, and trustees of public institutions, appointed under the law by the Speaker, are not officere within the meaning of the Constitution (I, 493). The House has also dis- tinguished between the performance of paid services for the Executive (I, 495), like temporary service as assistant United States attorney (II, "993), and the acceptance of an incompatible office. The House has declined to hold that a contractor under the Government is constitutionally disqualified to serve as a Member (I, ,496). But the House, or its committees, have found disqualified a Member who was appointed a militia officer in the District of Columbia (I, 486) and Members who have accepted commissions in the Army (I, 491, 492, 494). But the Judiciary Committee has expressed the opinion that persons on the retired list of the Army do not hold office under the United States in the constitutional sense (I, 494). A Member- elect has continued to act as governor of a State after the assembling of the Congress to which he was elected (I, 503). [28] CONSTITUTION OF THE UNITED STATES. §§ 96-98. After a careful consideration of the status of a Member-elect, the House § 96. Appointment decided that such an one was not affected by the con- of Hembers-elect to etitutional requirement (I, 499), the theory being ad- offlces under the vanced that the status of the Member-elect is dis- united States, tinguished from the status of the Member who has qualified (I, 184). And a Member-elect who continued in an office after his election but resigned before taking his seat; was held entitled to the seat (I, 497, 498). But when a Member-elect held an incompatible office after the meeting of Congress he was held to have disqualified himself (I, 492). In other words, the Member-elect may defer until the meeting of Congress his choice between the seat and an incompatible office (I, 492). The House has manifestly leaned to the idea that a contestant holding an § 97. Relation of incompatible office need not make his election until contestants to the House has declared him entitled to the seat (I, 505). Incompatible Although a contestant had accepted and held a State *'*'"'• office in violation of the state constitution, it he were really elected a Congressman, the House did not treat his contest as abated (II, 1003).^ Where a Member had been appointed to an incompatible office a contestant not found to be elected was not admitted to fill the vacancy (I, 807). Where a Member has accepted an incompatible office, the House has 5 98 Procedure assumed or declared the seat vacant (I, 501, 502). In of the House th^ cases of Baker and Yell, the Elections Committee when Incompat- concluded that the acceptance of a commission as an Ible offices are officer of volunteers in the national army vacated the seat of a Member (I, 488), and in another similar case the Member was held to have forfeited his right to a seat (I, 490). The House has seated a person bearing regular credentials on ascertaining that his predecessor in the same Congress had accepted a military office (I, 572). But usually the House by resolution formally declares the seat vacant (I, 488, 492). A Member-elect may defer until the meeting of Congress his choice between the seat and an incompatible office (I, 492). But when he retains the incompatible office and does not qualify, a vacancy has been held to exist (Ii 500). A resolution excluding a Member who has accepted an incompatible office may be agreed to by a majority vote (I, 490). A Mem- ber charged with acceptance of an incompatible office was heard in his own behalf during the debate (I, 486). [29] CONSTITUTION OF THE UNITED STATES. |§ 99-101. Section 7. ^ All Bills for raising Revenue shall originate in the House of Representa^ re^L^to""**'^ tives; but the Senate may propose or originate In the coucur wlth Amendments as on other House, BiUs. This provision has been the subject of much discussion (II, 1488, 1494). In the earlier days the practice was not always correct (II, 1484); but ia later years the House has insisted on its prerogative and the Senate has often shown reluctance to infringe thereon (II, 1482, 1483, 1493). In several instances, however, the subject has been matter of contention, conference (II, 1487, 1488), and final disagreement (II, 1485, 1487, 1488). Sometimes, however, when the House has questioned an invasion of pre- rogative, the Senate has receded (II, 1486, 1493). The disagreements have been especially vigorous over the right of the Senate to concur with amend- ments (II, 1489), and while the Senate has acquiesced in the sole right of the House to originate revenue bills, it haa at the same time held to a broad power of amendment (II, 1497-1499). The House has frequently chal- lenged the Senate on this point (II, 1481, 1491, 1496). When the House has conceived that its prerogative has been invaded, it has ordered the hill to be returned to the Senate (II, 1493-1495) or declined to proceed further with it (II, 1485). ' In one instance a revenue question was not objected to until the stage of conference (II, 1492). Decisions of the Supreme Coxat of the United States: Field V. Clark, 143 U. S., 649; Twin City Bank v. of the coMt! Nebeker, 167 U. S., 196; MiUard v. Koberts, 202 U. S., 429. ^ Every Bill which shall have passed the House of § 101. ApproTai Representatives and the Senate, shaU, and disapproTal i_i?"j.'L t i i ^ ofbuisbythe Dei Ore it become a Law, be presented President. ^o the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objec- tions at large on their Journal, and proceed to recon- sider it. If after such Reconsideration two thirds of [30] CONSTITUTION OF THE UNITED STATES. §§ 102, lOS. that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. * * *_ The approval of a bill by the President of the United States is valid only withhiBsis;nature(IV; 3490). At the close of a Coneress, 1 102. The act of , ., , tt i *t. ■ ■ ■ i ^v. aoDroval when the two Houses prolong their sessions into the forenoon of March 4, the approvals have been dated on the prior legislative flay, as the legislative portion of March 4 belongs to the term of the new Congress. In one instance, however, bills signed on the forenoon of March 4 were dated as of that day with the hour and minute of approval given with the date (IV, 3489). The act of President Tyler in filing with a bill an exposition of his reasons for sighing it was examined and severely criticised by a committee of the House (IV, 3492); and in 1842 a committee of the House discussed the act of President Jackson in writing above his signature of approval a memorandum of his construction of the bill (IV, 3492). But where the President has accompanied his message announcing the approval with a statement of his reasons there has been no question in the House (IV, 3491). The statutes require that bills signed by the President shall be received by the Secretary of State (IV, 3485) and deposited in his office (IV, 3429). Notice of the signature of a bill by the President is sent by message to the House in which it originated and that House informs § 103. Notice of tj^g Qtjjgy (lY^ 3429). But this notice is not necessary nunsage '*" ^ *° ^^^ validity of the act (IV, 3495). Sometimes, at the close of a Congress the President informs the House of such bills as he has approved and of such as he has allowed to fail (IV, 3499-3502). In one instance he communicated his omission to sign a bill through the comlnittee appointed to notify him that Congress was about to adjourn (IV, 3504). A bill that had not actually passed having been signed by the President, he disregarded it and a new bill was passed (IV, 3498). Messages of the President giving notice of biUs approved are entered in the Journal and published in the Congressional Record (V, 6593). [31] CONSTITUTION OF THE UNITBD STATES. §§ 104-106. A message withholding approval of a bill, called a veto message, is sent to the House in which the bill originated; but it has (OT^ve'toT'of bius*' ^^®° ^^^^ *^^* ^^^^ * message may not be returned to the President on his request (IV, 3521). A vetoed bill received in the House by way of the Senate is considered as if received directly from the President and supersedes the regular order of business (IV, 3537). A veto message may not be read in the absence of a quorum, even though the House be about to adjourn sine die (IV, 3522); but the message may be rpad and acted on at the next session of the same Congress (IV, 3522). When the President has been prevented by adjournment from returning a bill with his objections he has sometimes at the next session communicated his reasons for not approving (V, 6618-6620). It is the usual but not invariable rule that a bill returned with the objec- tions of the President shall be voted on at once § 108. Consldera- Qy^ 3534-3536). Amotion to refer a vetoed bill, either bill In the House ^*^ •"" ^t^^out the message, has been held allowable within the constitutional niandate that the House "shall proceed to reconsider" (IV, 3550). But while the ordinary motion to refer may be applied to a vetoed bill, it is not in order to move to recom- mit it pending the demand for the previous question or after it is ordered (IV, 3551). A vetoed bill having been rejected by the House, the message was referred (IV, 3552). Committees to which vetoed bills have been referred, have sometimes neglected to report (IV, 3523, 3550, footnotes). A vetoed bill may be laid on the table (IV, 3549), but it is still highly privileged and a motion to take it from the table is in order at any time (IV, 3549). Also a motion to discharge a committee from the consideration of such a bill is privileged (IV, 3532). While a vetoed bill is always privi- leged, the same is not true of a bill reported in lieu of it (IV, 3531). If two-thirds of the House to which a bill is returned with the President's objections agree to pass it, and then two-thirds of the a vetoed biu" *'" other House also agree, it becomes a law (IV, 3520). The two-thirds vote required to pass the bill is two- thirds of the Members present and not two-thirds of the total membership of the House (IV, 3537, 3538, footnote). Also ruled by Speaker Clark, on May 13, 1912 — Sixty-second Congress, second session — on constitutional amendment providing for election of United States Senators by direct vote of the people. On wool bill, on passage over President's veto, held only Members voting considered in determining whether two-thirds voted in the affirmative. August 13, 1912, second session, Sixty-second Congress (p. 10847), Speaker Clark ruled as follows: The Chair agrees with the gen- tleman. There are 174 Members voting to pass the bill over the President's veto. There are 80 Members voting against it. There are 10 present who did not vote at all. Two-thirds having voted in the affirmative, the Chair is of the opinion that it is those Members only who vote that are to be considered, and therefore that this bill is passed over the President's veto. The motion to reconsider may not be applied to the vote (V, 5644). It is the practice [32] CONSTITUTION OF THE UNITED STATES. §§ 107-109. for one House to inform the other by message of its decision that a bill returned with the objections of the President shall not pass (IV, 3539-3541). A bill passed notwithstanding the objections of the President is sent by the presiding officer of the House which last acts on it to the Secretary of State for preservation (IV, 3524), and the Secretary of State receives it and deposits it in his office (IV, 3485). A bill incorrectly enrolled has been recalled from the President who erased his signature (IV, 3506). Bills sent to the § 107. Errors In President but not yet signed by him are sometimes President recalled by concurrent resolution of the two Houses (IV, 3507-3509), and amended; but this proceeding is regarded as irregular (IV, 3510-3518). An error in an enrolled bill that has gone to the President may also be corrected by a supplementary joint resolution (IV, 3519). * * * If any Bill shall not be returned by the §108. Buis which President within ten Days (Sundays ex- become laws cepted) after it shall have been pre- president's souted to him, the Same shall be a approval. Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Ayes and nays required to pass bill over President's veto. (Vol. IV, pp. 2726 and 3520.) ' The President may sign a bill within ten days, even though the House may in the meantime have adjourned for a recess (IV, 3493, 3494, 3496), and a bill so' signed during a recess (as distinguished from sine die adjourn- ment) has been held to be valid by the Supreme Court (IV, 3495). There is much doubt, however, as to whether a biU which remains with the Presi- "a'ehl fen days withotft liis signature, Congress having In the meanwhile adjourned for a recess, becomes a law (IV, 3493). There is also a question as to the return of a vetoed bill, Congress being, in recess beyond the Umit of ten days (IV, 3496). In one instance the President signed a bill after a final adjournment of Congress but within ten days. This, however, gave rise to grave doubts and resulted in an adverse report by a House com- mittee (IV, 3497). Decisions of the Supreme Court of the United States: Field V. Clark, 143 U. S., 649; United States v. § 109. Decisions Ballin, 144 U. S., 1; Twin City Bank v. Nebeker, 167 of the conrt. ^ g^ ^gg. -^^ ^^^.^ gjj^^j. y^^g q^ ^_ United States, 175 U. S., 423; Wilkes County v. Coler, 180 U. S., 506. [33] CONSTITUTION OF THE UNITED STATES. §§ 110-118. ^ Every Order, Resolution, or Vote to which the s,„ . , Concurrence of the Senate and House § 110. As to presentation of of Representatives may be necessary orders and . cat j\ resolutions for (except ou a questiou 01 Adjournment) approval. ^j^^^ l^^ presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disap- proved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. It has been settled conclusively that a joint resolution proposing an amendment to the Constitution should not be presented to the President for his approval (V, 7040). Although the requirement of the Constitu^on seems specific, the practice of Congress has been to present to the President for approval only such concurrent resolutions as are legislative in effect (IV, 3483, 3484). Decisions of the Supreme Court of the United States: Field V. Clark, 143 U. S., 649; United States v. Ballin, of the' conrt^ ""' ^'^ ^' ^•' ^' Fourteen Diamond Rings v. United States, 183 U. S., 176. Section 8. The Congress shall have Power ^ To § 112. The reve- lav and coHect Taxes^ Duties. Imposts ""* p"^"- and Excises, to pay the iDebts and p ro - vide for thq common Defence and general Welfare of the United States; but all Diitie.«=!, TTnpnst.q. a,Tid Excises shall be uniform throiighmit the TTnited States; _ Decisions of the Supreme Court of the United States: »,,.«.. , Hylton V. United States, 3 Dall., 171: McCuUoch v. §118. Decisions of dj. .. i nr i i ^ Tin „,„ ^ ,, , , the court. ^^^^ °* Maryland, 4 Wh., 316; Loughborough v. Blake, 5 Wh., 317; Osborn v. Bank of the United States, 9 Wh., 738; Weston et al. v. City Council of Charleston, 2 Pet., 449; Dob- [34] OONSTrrUTION OF THE UNITED STATES. §§ 114-116. bins V. The CommisBioners of Erie County, 16 Pet., 435; License Cases, 5 How., 504; Cooley v. Board of Wardens of Port of Philadelphia et al., 12 How., 299; McGuire i). The Commonwealth, 3 Wall., 387; Van Allen '«. The Assessors, 3 Wall., 573; Bradley v. The People, 4 Wall., 459; License Tax Cases, 5 Wall., 462; Pervear v. The Commonwealth, 5 Wall., 475; Woodruff V. Parham, 8 Wall., 123; Hinson v. Lott, 8 Wall., 148; Veazie Bank v. Fenno, 8 Wall., 533; The Collector v. Day, 11 Wall., 113; United States V. Singer, 15 Wall., Ill; State tax on foreign-held bonds, 15 Wall., 300; United States v. Railroad Company, 17 Wall., 322; Railroad Company V. Peniflton, 18 Wall., 5; Scholey v. Rew, 23 Wall., 331; National Bank v. United States, 101 U. S., 1; Springer v. United States, 102 U. S., 586; Legal Tender Case, 110 U. S., 421; Head Money Cases, 112 U. S., 580; Van Brocklin v. State of Tennessee, 117 U. S., 151; Field v. Clark, 143 U. S., 649; New York, Lake Erie and Western R. R. v. Pennsylvania, 153 U. S., 628; Pollock v. Farmers' Loan and Trust Co. (Income Tax Case), 157 U. S., 429; United States v. Realty Company, 163 U. S., 427; In re KoUock, 165 U. S., 526; Nichols v. Ames, 173 U. S., 509; Knowlton v. Moore, 178 U. S., 41; De Lima v. Bidwell, 182 U. S., 1; Dooley v. United States, 182 U. S., 222: Fourteen Diamond Rings v. United States, 183 U. S., 176; Pelsenheld v. United States, 186 U. S., 126; Thomas v. United States, 192 U. S., 363; Binns v. United States, 194 U. S., 486; South Carolina v. United States, 199 U. S., 437; Flaherty v. Hanson, 215 U. S., 515. § 114. Tte borrowing ' To borTow Monev on th e credit of »»"•"• the TJnited States : Decisions of the Supreme Comt of the United States: McCulloch V. The State of Maryland, 4 Wh., 316; th"court '"'*"°' "' Weston et al. v. The City CouncU of Charleston, 2 Pet., 449; Bank of Commerce v. New York City, 2 Black, 620; Bank Tax Cases, 2 Wall., 200; The Bank v. The Mayor, 7 Wall., 16; Bank v. Supervisors, 7 Wall., 26; Hepburn v. Griswold, 8 Wall.j 603; National Bank v. Conmionwealth, 9 Wall., 353; Parker v. Davis, 12 Wall., 457; Legal Tender Case, 110 U. S., 421; Home Insurance Company V. New York, 134 U. S., 594; Home Savings Bank v. Des Moines, 205 U. S., 503. ^ To regulate Commerfie with f oreign Nations, and § 116. Power over amon^ the several States. a,nd with the commerce. Indian Trib^s t [35] CONSTITUTION OF THE UNITED STATES. § 117. Recent decisions of the Supreme Court of the United States: Louisville, etc., Ferry Co. -y. Kentucky, 188 U. S., § 117. Decisions of 335. United States v. Lynah, 188 U. S., 445; Oummingfl the court. ^ Chicago, 188 U. S., 410? The Roanoke, 189 U. S., 185; Montgomery v. Portland, 190 U. S., 89; Patterson v. Bark Eudora, 190 U. S., 169; Allen v. Pullman Co., 191 U. S., 171; Pennsylvania R. R. Co. v. Knight, 192 U. S., 21; Postal Telegraph-Cable Co. v. Taylor, 192 U. S., 64; Crossman V. Lurman, 192 U. S., 189; St. Clair County d. Interstate Tramsfer Co., 192 U. S., 454; Buttfield v. Stranahan, 192 U. S., 470; American Steel & Wire Co. V. Speed, 192 TJ. S., 500; Northern Securities Co. v. United States, 193 U. S., 197; Montague & Co. v. Lowry, 193 U. S., 38; Field v. Barber Asphalt Co., 194 U. S., 618; Minnesota v. Northern Securities Co., 194 U. S., 48; Olsen V. Smith, 195 U. S., 332; Western Union Telegraph Co. v. Pennsyl- vania R. R., 195 U. S., 540; Central of Georgia Railway Co. v. Murphey, 196 U. S., 194; American Express Co. v. Iowa, 196 U. S., 133; Cook v. Mar- shall County, 196 U. S., 261; Matter of Heff (Indian), 197 U. S., 488; Fop- piano V. Speed, 199 U. S., 501; Houston & Texas Central RaUroad v. Mayes, 201 U. S., 321; McLeans. Denver & Rio Grande R. R., 203 U. S., 38; Rearick V. Pennsylvania, 203 U. S., 507; Mississippi R. R. Comm. v. Illinois Cen- tral R. R., 203 U. S., 335; Martin v. Pittsburg & Lake Erie R. R., 203 U. S., 284; H:a:tch v. Reardon, 204 U. S., 152; Wilson v. Shaw, 204 U. S., 24; Union Bridge Co. v. U. S., 204 U. S., 364; Lee v. New Jersey, 207 U. S., 67; Atlantic Coast Line v. Wharton, 207 U. S., 328; Employers' Liability Cases, 207 U.S., 463; Dickv.U. S.,208U. S., 340^ Darnell &SonD.Memphis, 208 U.S., 113; Adair v. U. S., 208 U. S., 161; Burke v. WeUs, 208 U. S., 14, General Oil Co. V. Grain, 209 U. S., 211; Ware & Leland v. Mobile County, 209 U. S., 405; Asbell v. Kansas, 209 U. S., 251; Galveston, Harrisburg, etc.. Railway Co. V. Texas, 210 U. S., 217; SUz v. Hesterberg, 211 U. S., 31; United States V. Delaware & Hudson Co., 213 U. S., 366; Adams Express Co. v. Kentucky, 214 U. S., 218; District of Columbia v. Brooke, 214 U. S., 138; El Paso & Northeastern Ry. Co. v. Gutierrez, 215 U. S., 87; Western Union Telegraph V. Kansas, 216 U. S., 1; Pullman Co. v. Kansas, 216 U. S., 56; Atlantic Coast Line Co. 11. Mazursky, 216 U. S., 122; Ludwig v. Western Union Telegraph Co., 216 U. S., 146; Missouri Pacific Ry. Co., 216 U. S., 262; Monongahela Bridge Co. v. United States, 216 U. S., 177; Southern Ry. Co. v. King, 217 U. S., 524; St. Louis S. W. Ry. ■;;. Arkansas, 217 U. S., 136; Standard Oil Co. V. Tennessee, 217 U. S., 413; International Textbook Co. v. Pigg,^ 217 U. S., 91; Brown-Porman Co. v. Kentucky, 217 U. S., 563. [36] CONSTITUTION OF THE UNITED STATES. §§ 118-126. * To establish an uniform Rule of Naturalization/ and uniform Laws on the subject of Hon and' * '^* Bankruptcies throughout the United bankruptcy. StateS;=' Decisions of the Supreme Court of the United States: , ^ Sturges V. Crowninshield, 4 Wh., 122; ^ McMillan v. § 119. Decisions of McNeU, 4 Wh., 209; = Farmers and Mechanics' Bank, the conrt. ' ' ' ' Pennsylvania, v. Smith, 6 Wh., 131; ^ Ogden v. Saunders, 12 Wh., 213; ^ Boyle v. Zacharie and Turner, 6 Pet., 348; ^ Gassies v. Ballon, 6 Pet., 761; ^ Beers et al. v. Haughton, 9 Pet., 329; ^ Suydam et al. v. Broad- nax, 14 Pet., 67; " Cook v. Moffat et al., 5 How., 295; ^ Dred Scott v. Sanford, 19 How., 393; ^ Nishimura Ekiu v. The United States, 142 U. S., 651; = Han- over National Bank v. Moyses,J.86 U. S., 181;' Holmgren v. United States, 217 U. S., 509. 5 120. Coinage. ' To colu Moue v, regulate the Value weishts, and thereof, and of foreign Coin , and fix the Standard of Weights and Measures; Decisions of the Supreme Com-t of the United States: Briscoe v. The Bank of the Commonwealth yof Ken- § 121. Decisions of ^^^^^^ -^^^ p^j _ 257; Fox v.. The State of Ohio, 5 How., the court. ^^p_ United States v. Marigold, 9 How., 560. ^ To provJ Hft for thp. P^mishment of cou nterfeiting § 122. Counter- the Securities and current Coin of the '«'«"5. United States : Decisions of the Supreme Court of the United States: § 123. Decisions of Fox v. The State of Ohio, 5 How., 410; United States the court. v. Marigold, 9 How., 560. § 124. Post-office ^ To establish Post Q ffif^ps anrl post and post-roads. Pof^/^S' Decisions of the Supreme Coiut of the United States: State of Pennsylvania v. The Wheeling and-Belmont §125. Decisions of Bridge Company, 18 How., 421; Pensacola Telegraph the court. Q^ ^ Western Union Telegraph Co., 96 U. S., 1; Ex Parte Jackson, 96 U. S., 727; In re Eapier, 143 U. S., 110; Homer v. United [37] CONSTITUTION OF THE UNITED STATES. §§ 126-132. States, 143 U. S., 207; In re Debs, Petitioner, 158 U. S., 564; Illinois Central Railroad Co. v. Illinoia, 163 U. S., 142; Gladsoni). Minnesota, 166 U. S., 427; Public Clearing House v. Coyne, 194 U. S., 497; Weetem Union Telegraph Co. V. Pennsylvania R. R. Co., 185 U. S., 540; Martin v. Pittsburg & Lake Erie R. R., 203 U. S., 284. ^ Tq promote the Progress of Science and useful § 126. Patents and Arts, by securjug for limited Times to copyrights. Authors and Inventors the exclusive Right to their respective Writings and Di.snnvf!ripp ; Decisions of the Supreme Court of the United States: Grant et al. v. Raymond, 6 Pet., 218; Wheaton et al. the"onrt "'^'""^ "' "• ^^^^^ ®* ^^■' ^ •^®*-' ^^^' Trade-mark Cases, 100 U. S., 82; Burrow Giles LithogiSphic Co. v. Sarony, 111 U. S., 53; United States v. Duell, 172 U. S., 576; Bobbs-Merrill Co. v. Straus, 210 U. S., 339. 1 128. Inferior ^ To (^nn.«!t,itnt,ft Trihiinflls jnfprmr tn """''• :the supreme Court: 512«. Piracies and '" ^° ^^^^^ ^^^ P""^^^ PlTacieS and offenses against law Felouies Committed on the high Seas, and Offences against the Law of Na- tions; Decisions of the Supreme Court of the United States: „ . United States v. Palmer, 3 Wh., 610; United States the con"! ^- Wiltberger, 5 Wh., 76; United States v. Smith, 5 Wh., 153; United States v. Pirates, 5 Wh., 184; United States v. Arjona, 120 U. S., 479. §131. Declarations " '^° ^^^^^^^ War, grant Letters of of war and maritime MarquB aud Reprisal, and make Rules operations. , _^ concerning Captures on Land and Water; Decisions of the Supreme Court of the United States: 1 1S2. Decisions of ^'T "' ^""'^^^ ^^^'' ^ ^'^ "°= ^"^^rican Insur- theconrt. ^'^'^^ Company et al. v. Canter (356 bales cotton), 1 Pet., 511; Mrs. Alexander's cotton, 2 Wall., 404; Miller V. United States, 11 Wall., 268; Tyler v. Defrees, 11 Wall., 331; [38] CONSTITUTION OF THE UNITED STATES. §§ 188-UO. Stewart v. Kahn, 11 Wall., 493; Hamilton v. "Dillon, 21 Wall., 73; Lamar, ex., V. Browne et al., 92 U. S., 187; Mayfield v. Richards, 115 U. S., 137; The Chinese Exclusion Cases, 130 U. S., 581; Mormon Church v. United States, 136 U. S., 1; Nishimura Ekiu v. The United States, 142 U. S., 651. ^^To raise and support Armies, but l^'J^^Ti::^ ^Q Appropriation of Money to that Use shall be for a longer Term than two Years; Decisions of the Supreme Court of the United States: § 18*. Decisions of Crandall v. State of Nevada, 6 Wall., 35; Nishimura the court. jjj^y ^ ^jjg United States, 142 U. S., 651. § 186. Provisions ^^ To provlde and maintain a Navy: for a navf . Decisions of the Supreme Court of the United States: 1 186. Decisions of United StatesD. Bevans, 3 Wh., 336; Dynes v. Hoover, the court, 20 How., 65. § 187. Land and " To make Rulcs for the Government naval forces. g^j^^j Regulation of the land and naval Forces; ^* To provide for calling forth the Militia to execute § 138. Calling ont the Laws of the Union, suppress Insur- themuitia. rectlous and repel Invasions; Decisions of the Supreme Coiu't of the United States: s ISO n I I f Houston v. Moore, 5 Wh., 1; Martin v. Mott, 12 Wh., the court. ■'•^j Luther v. Borden, 7 How., 1; Crandall v. State of Nevada, 6 Wall., 35; Texas v. White, 7 Wall., '700. ^" To provide for organizing, arming, and disciplin- 1 140. Power over ing, the Militia, and for governing such themiutia. Fsivt of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, [39] CONSTITUTION OF THE UNITED STATES. §§ 141-143. and the Authority of training the Militia according to the discipline prescribed by Congress; Decisions of the Supreme Court of the United States: Houston V. Moore, 5 Wh., 1; Martin v. Mott, 12 Wh., § 141. Decisions of -^g. Lather v. Borden, 7 How., 1; Presser v. Illinois, the court. ^^g ^ g^ 252. " To exercise exclusive Legislation in all Cases whatsoever, over such District (not § 142. Power over ' ■ ! ' territory of the exceedlug ten Miles square) as may , by Cession of particular States, and the Acceptance of Congress, become the Seat of the Gov- ernTnent of the United. States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the erection of Forts, Magazines. a,nd Arsenals ^, dock-Yards, and oth^ r rippHfnl "RnilHings; — And Decisions of the Supreme Court of the United States: ' f Hepburn et al. v. EUzey, 2 Cr., 444; Loughborough, § 14S. Decisions of ^ Blake, 5 Wh., 317; Cohens v. Virginia, 6 Wh., 264; American Insurance Company v. Canter (356 bales cot- ton), 1 Pet., 511; Kendall, Postmaster-General, v. The United States, 12 Pet., 524; United States v. Dewitt, 9 Wall., 41; Dunphy v. Kleinsmith et al., 11 Wall., 610; Willard v. Presbury, 14 Wall., 676; Kohl et al. v. United States, 91 U. S., 367; Phillips v. Payne, 92 U. S., 130; United States v. Fox, 94 U. S., 315; Fort Leavenworth R. R. Co. v. Lowe, 114 U. S., 525; Gibbons V. District of Columbia, 116 U. S., 404; Van Brocklin v. State of Tennessee, 117 U. Sk, 151; Stoutenburgh v. Hennick, 129 U. S., 141; Geofroy v. Riggs, 133 U. S., 258; Benson v. United States, 146 U. S., 325; Shoemaker v. United States, 147 U. S., 282; Chappell v. United States, 160 U. S., 499; Ohio v. Thomas, 173 U. S., 276; Wight v. Davidson, 181 U. S., 371; Battle v. United States, 209 U. S., 36; Western Union Telegraph Co. v. Chiles, 214 U. S., 274; El Paso & Northeastern Ry. Co. v. Gutierrez, 215 U. S., 87. [40] CONSTrrUTION OF THE UNITED STATES. §§ 144-H7. ^^ To make all Laws which shall be necessary and § 144. General leg- proper foF caiTving; jnto Execution tt^e isLtive power. foregoing Powers, and all other Powers vested by this Constitution in the Gov ernment of the —— B^ " " ^ '■ ' ' " ■I'l'- - ■ _— .||.._» M — 11 ■'■■■It. United States, or in any Department or Officer thereof,. Decisions of the Supreme Court of the United States: McCuUoch V. The State of Maryland, 4 Wh., 316; th"^ourr*'""" "' Wayman v. Southard, 10 Wh., 1; Bank of United States V. HaJstead, 10 Wh., 51; Hepburn v. Griswold, 8 Wall., 603; National Bank v. Commonwealth, 9 Wall., 353; Thomson v. Pacific Railroad, 9 Wall., 579, Parker v. Davis, 12 Wall., 457; Railroad Company v. Johnson, 15 Wall., 195; Railroad Company v. Peniston, 18 Wall., 5; United states V. Fox, 95 U. S., 670; United States v. Hall, 98 U. S., 343; Tennessee V. Davis, 100 U. S., 257; Ex parte Curtis, 106 U. S., 371; Legal Tender case, 110 U. S., 421; Stoutenbuigh v. Hennick, 129 U. S,, 141; The Chinese Exclusion Case, 130 U. S., 581; Crenshaw v. United States, 134 U. S., 99; Cherokee Nation v. Southern Kansas R. R., 135 U. S., 641; Nishimura Ekiu V. The United States, 142 U. S., 651; Field v. Clark, 143 U. S., 649; Logan v. United States, 144 U. S., 263.; Fong Yue Ting v. United Slates, 149 U S., 698; Lees v. United States, 150 U. S., 476; Interstate Commerce Commission V. Brimson, 154 U. S., 447; Olune v. United States, 159 U. S., 590; Motes v. United States, 178 U. S.,.458; Buttfield v. Stranahan, 192 U. S., 470. Section 9. ^ The Migration or Importation of such Persons as any or the States now exist- or Importation of iug shall think proper to admit, shall persons. ^^^ ^^ prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importa- tion, not exceeding ten dollars for each Person. Decision of the Supreme Court of the United States: § 147. Decision of Dred Scott D. Sanford, 19 How., 393; Oceanic Navi- the court. gation Co. v. Stranahan, 214 U. S., 320. egsrs"— 12 — i [41] CONSTITUTION OF THE UNITBD STATES. S§ 148-162. ^ The Privilege of the Writ of Habeas Corpus shall 1 148. Writ ot not be suspended, unless when in Cases habeas corpus. ^f Rebellion or Invasion the public Safety may require it. Decisions of the Supreme Court of the United States: United States v. Hamilton, 3 Ball., 17; Hepburn et the court'" ^ °°* " *^' '"■ EUzey, 2 Or., 445; Ex parte Bollman and Swart- wout, 4 Or., 75; Ex parte Kearney, 7 Wh., 38; Ex parte Tobias Watkins, 3 Pet., 192; Ex parte Milbum, 9 Pet., 704; Holmes V. Jennison et al., 14 Pet., 540; Ex parte Dorr, 3 How., 103; Luther d. Borden, 7 How., 1; Ableman v. Booth and United States v. Booth, 21 How., 506; Ex parte Vallandigham, 1 Wall., 243; Ex parte Mulligan, 4 Wall., 2; Ex parte McCardle, 7 Wall., 506; Ex parte Yerger, 8 Wall., 85; Tarble'a case, 13 Wall., 397; Ex parte Lange, 18 Wall., 163; Ex parte Parks, 93 U. S., 18; Ex parte Karstendick, 93 U. S., 396; Ex parte Virginia, 100 U. S., 339; In re Neagle, 135 U. S., 1; In re Frederick, 149 U. S., 70; United States V. Sing Tuck, 194 U. S., 161; United States v. Ju Toy, 198 U. S., 253; Carfer v. Caldwell, 200 U. S., 293; McNichols v. Pease, 207 U. S., 100. 5 150. Bills Of 3 ]vf Q giij q£ Attainder or ex post facto attaluer and '^ -, , ,, , post facto laws. Law shall be passed. Decisions of the Supreme Court of the United States: § 151 Decisions of Fletcher v. Peck, 6 Cr., 87; Ogden v. Saunders, 12 the court. ^ ^ " ^^•' 213; Watson et al v. Mercer, 8 Pet., 88; Carpen- ter et al. V. Commonwealth of Pennsylvania, 17 How., 456; Locke v. New Orleans, 4 Wall., 172; Cummings vt The State of Mis- souri, 4 Wall., 277; Ex parte Garland, 4 Wall., 333; Drehman v. Stifle, 8 Wall., 595; Klinger v. State of Missouri, 13 Wall., 257; Pierce V. Caiakadon, 16 WaU., 234; Hopt v. Utah, 110 U.,S., 547; Cook v. United States, 138 U. S., 157; Neely v. Henkel (No. 1), 180 U. S., 109; Southwestern Coal Co. v. McBride, 185 U. S., 499; Delamater v. South Dakota, 205 U. S., 93. * No Capitation, or other direct, tax shall be laid, § 152. Capitation uulcss ixi Proportiou to the Census or and direct taxes. Enumeration herein before directed to be taken. [42] CONSTITUTION OP THE UNITED STATES. §§ 15S-158. Decisions of the Supreme Court of the United States: License Tax Cases, 5 WalL, 462; Springer v. United the court. States, 102 U. S., 586; Nichol v. Ames, 173 U. S., 599; South Carolina v. United States, 199 U. S., 437. §154. Export °No Tax or Duty shall be laid on duties. Articles exported from any State. Decisions of the Supreme Court of the United States: Cooley V. Board of Wardens of Port of Philadelphia, the coJt! "' 12 How., 299; Pace v. Burgess, collector, 92 U. S., 372; Turpin v. Buigess, 117 U. S., 504; Pittsburg & Southern Coal Co., V. Bates 156 U. S., 577; Nichols v. Ames, 173 U. S., 509; Williams v. Fears, 179 U. S., 270; De Lima v. Bidwell, 182 U. S., 1; Dooley v. United States, 183 U. S., 151; Fourteen Diamond Rings v. United States, 183 U. S., 176; Cornell v. Coyne, 192 U. S., 418; South Carolina v. United States, 199 U. S., 437; Armour Packing Co. v. United States, 209 U. S., 56. °No preference shall be given by any Regulation 1 156. Freedom of Commerce or Revenue to the Ports of commerce. ^f ^^^ State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. Decisions of the Supreme Court of the United States: Cooley V. Board of Wardens of Port of Philadelphia thfconrt "'''*°°' "' ^* *^- ' 12 How. , 299 ; State of Pennsly vania v. Wheeling and Belmont Bridge Company et al., 18 How., 421; Munn v. Illinois, 94 U. S., 113; Packet Co. v. St. Louis, 100 U. S., 423; Packet Co. v. Cattlettsburg, 105 U. S., 559; Spraigue v. Thompson, 118 U. S., 90; Morgan v. Louisiana, 118 U. S., 455; Johnson v. Chicago & Pacific Ele- vator Co., 119 U. S., 388; South Carolina v. United States, 199 U. S., 437; Armour Packing Co v. United States, 209 U. S., 56. ^ No Money shall be drawn from' the Treasury, but § 158. Appropria- lu Cousequeuce of Appropriations made ZuXof by Law; and a regular Statement and public money. Accouut of the Receipts and Expendi- tures of all public Money shall be published from time to time. [43] CONSTITUTION OF THE UNITED STATES. §§ 159-161. «No Title of Nobility shall be granted by the ,= ^.« , United States: And no Person holding § 159. Titles of /. -i-» ^j m a. J nobility and gifts any Office of Profit or irust under from foreign states. ^^^^^ ^^^^^ without the ConSent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Section 10. ^ No State shall enter into any § 160. states not to Treaty, Alliance, or Confederation; money 'pass* ex"" grant Lctters of Marque and Reprisal; CpairlSs, coin Money; emit Bills of Credit; «"=• 1 make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law,^ or Law impairing the Obligation of Contracts,^ or grant any Title of Nobility. Recent decisions of the Supreme Court of the United States: 1 and 3 Virginia Coupon Cases, 114 U. S., 269; ^ »"* » Al- § 161. Decisions of j^^^ Auditor, et al. v. Baltimore & Ohio R. R. Co., 114 theconrt. ^ g^ g^^. ^ j^^-^^^^ ^ ^^^ York, 128 U. S., 189; 2 Medley, Petitioner, 134 U. S., 160; = Thompson v. Missouri, 171 U. S., 380; 2 McDonald v. Massachusetts, 180 TJ. S., 311; ^ Mallett v. North Caro- lina, 181 U. S., 589; ' "■«> ' Diamond Glue Co. v. U. S. Glue Co., 187 U. S., 611; 2 Reetz v. Michigan, 188 U. S., 505; ' American Smelting Co. v. Colorado, 204 U. S., 103; ' Cleveland Electric Railway Co. v. Cleveland, 204 U. S., 116; ^ Rochester Railway Co. v. Rochester, 205 U. S., 236; 'Chanler v. Kelsey, 205 U. S., 466; ' Vicksburg v. Waterworks Co., 206 U. S., 496; ' Bemheimer v. Converse, 206 U. S., 516; = Sauer v. City of New York, 206 U. S., 536; ^ Smith v. Jennings, 206 U. S., 276; ^ SulUvan V. Texas, 207 U. S., 416; ' Hunter v. Pittsburg, 207 U. S.; 161; ' Polk v. Mutual Reserve Fund Association, 207 U. S., 310; ^ SulUvan v. Texas, 207 U. S., 416; 3 Jetton v. University of the South, 208 U. S., 489; ' Northern Pacific Railway v. Duluth, 208 U. S., 583; ' Cosmopolitan Club ». Vir- ginia, 208 U. S., 878; ' Northern Pacific Railway v. Dululi, 208 U. S.,, m CONSTITUTION OF THE UNITED STATES. §§ 162,168. 583; ' Hudson Water Co. v. McCaiter, 209 U. S., 349; 'Yazoo & Mississippi Railroad Co. v. Vicksburg, 209 U. S., 358; ' St. Louis v. United Railways Co., 210 U. S., 266; ' Berea College v. Kentucky, 211 TJ. S., 45; ' Home Telephone Co. v. Los Angeles, 211 U. S., 265; ^ McLean v. Arkansas, 211 U. S., 539; ' Hammond Packing Co. v. Arkansas, 212 TJ. S., 322; ' Des Moines v. City Railway Co., 214 U. S., 179; ' Minneapolis v. Street Ry, Co., 215 TJ. S., 417; ' Henley v. Myers, 215 U. S., 373; ' Hubert v. New Orleans, 215 TJ. S., 170; ' Scott County Road Co. v. Hines, 215 TJ. S., 336; ' Missouri Pacific Ry. Co. v. Kansas, 216 TJ. S., 262; ' Wright v. Georgia R. R. & Banking Co., 216 TJ. S., 420; ' Great Western Ry. Co. v. Minnesota, 216 TJ. S., 234; ' Great Nortbem Ry. Co. v. Minnesota, 216 U. S., 206; 'Frellsen & Co. v. Crandell, 217 U. S., 71. ^ No State shall, without the Consent of the Con- §162. states not g^^ss, ky any Impost or Duties on to lay Impost or Imports or Expopts, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any St£i.te on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be sub- ject to the Revision and Controul of the Congress. Decisions of the Supreme Coxat of the United States: McCulloch V. state of Maryland, 4 Wh., 316; Gib- th"*",^*""*""" "' "^"^^ '"■ ^Sden, 9 Wh., 1; Brown v. The State of Mary- """ ■ land, 12 Wh., 419; Mager'D. Grimaet al.,8 How.,490 Cooley V. Board of Wardens of Port of Philadelphia et al., 12 How., 299 Almy V. State of California, 24 How., 169; License Tax Cases, 5 Wall., 462 Crandall v. State of Nevada, 6 Wall., 35; Waring v. The Mayor, 8 Wall. 110; Woodruff v. Perham, 8 Wall., 123; Hinson v. Lott, 8 Wall., 148 State Tonns^e Tax Cases, 12 Wall. , 204; State Tax on railway gross receipts, 15 Wall., 284; ' Inman Steamship Company v. Tinker, 94 U. S., 238; Cook V. Pennsylvania, 97 U. S., 566; Packet Co. v. Keokuk, 95 U. S., 80; Peo- ple V. Campagnie Gdn^ral Transatlantique, 107 U. S., 59; Turner v. Mary- land, 107 U. S., 38; Brown et al. v. Houston, Collector, et al., 114 U. S., 622; Coe v. Errol, 116 U. S., 517;, Turpin v. Burgess, 117 U. S., 504; Pitts- burg & Southern Coal Co. v. Bates, 156 U. S., 577; Pittsburg & Southern Coal Co. V. Louisiana, 156 U. S., 590; Scott v. Donald, 165 U. S., 58; Patap- [45] CONSTITUTION OF THE UNITED STATES. §1 164-166. 3C0 Guano Co. v. North Carolina, 171 U. S., 345; May & Co. v. New Orleans, 178 U. S., 496; Dooley v. United States, 183 U. S., 151; Cornell v. Coyne, 192 U. S., 418; American Steel & Wire Co. v. Speed, 192 U. S., 500; Delar ware, L., &c., E. B. Co. v. Pennsylvania, 198 U. S., 341; McLean d. Denver & Eio Grande R. R., 203 U. S., 38; Selliger v. Kentucky, 213 U. S., 200. ^ No state shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, UtltTul^" or Ships of War in time of Peace, Ttorar'"^""'""^ enter into an Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. Decisions of the Supreme Court of the United States: Green v. Biddle, 8 Wh., 1; Poole et al. v. The Lessee of ufe' coB^'°°" °* Fleeger et al., 11 Pet., 185; Cooley v. Board of War- dens of Port of Philadelphia et al., 12 How., 299; Peete V. Morgan, 19 Wall., 581; Cannon v. New Orleans, 20 Wall., 577; Inman Steamship Company i;. Tinker, 94 U. S., 238; Transportatiqn Co. v. Wheel- ing, 99 U. S., 273; Packet Co. v. St. Louis, 100 U. S., 423; Packet Co. v. Keokuk, 95 U. S., 80; Vicksburg v. Tobin, 100 U. S., 430; Packet Go. v. Catlettsburg, 105 U. S., 559; Wiggins Ferry Co. v. East St. Louis, 107 U. S., 365; Transportation Company v. Parkersburg, 107 U. S., 691; Presser v. Illinois, 116 U. S., 252; Morgan v. Louisiana, 118 U. S., 455; Huse v. Glover, 119 U. S., 543; Ouachita Packet Co. v. Aiken, 121 U. S., 444; Indiana v. Kentucky, 136 U. S., 479; Virginia v. Tennessee, 148 U. S., 503; Wharton V. Wise, 153 U. S., 155; St. Louis & San Francisco Railway Co. v. James, 161 U. S., 545. ARTICLE II. Section 1. ^ The executive Power shall be vested § 166. Terms of ^^ ^ President of the United States of the President and Ajuerica. He shaU hold his Office during the Term of four years, and together with the Vice Presi(|ent, chosen for the same Term, be elected, as follows : [46] CONSTITUTION OF THE UNITED STATES. §§ 167-lJO. The two Houses of the first Congress, after examination, found that by provisions made in the Federal Convention and by the Continental Con- gress, the term of the first President began March 4, 1789 (I, 3). When March 4 falls on Simday, the inauguration of the President of the United States occurs at noon, March 5 (III, 1996). Decisions of the Supreme Court of the United States: Vth'' "!!^*""" Field v. Clark, 143 U. S., 649; Garfield v. Goldsby, " * "» • 211 U. S., 249; Monongahela Bridge Co. v. United States, 216 U. S., 177; United States v. Grimaud, 216 U. S., 614. ^ Each State shall appoint, in such Manner as the s 168. Electors of LeglslatuTe thereof may direct, a Num- president and ber of Electors, CQual to the whole Num- and their ber of Senators and Representatives to qnaiiflcations. which the State may be entitled in the Congress; but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. Questions of the qualifications of electors have arisen, and in one instance certain ones were found disqualified, but as their number was not sufficient to affect the result and as there was doubt as to what tribunal should pass on the question the votes were counted (III, 1941). In other cases there were objections, but the votes were coimted (III, 1972-1974, 1979). In one instance an elector found to be disqualified resigned both offices, whereupon he was made eligible to fill the vacancy thus caused among the electors (III, 1975). Decisions of the Supreme Court of the United States: Chisholm, ex., v. Georgia, 2 Dall., 419; Leitensdorfer §169. Decisions etal. 1). Webb, 20How., 176; Exparte Siebold, lOOU.S., of the court. 271; In re Green, 134 U. S., 377; McPhersonii, Blacker, 146 U. S., 1. §170. Time of ' '^^® Cougress may determine the choosing electors Time of chuslug the Electors, and the and time at which t-» i-i,i in • ji- their votes are Day on which they shall give their ^^'"^' Votes; which Day shall be the same throughout the United States. [47] OONSTrrUTION OF THE UNITED STATES. S§ 171-174. The time for choosing electois haa been fixed on "the Tuesday next after the first Monday in November, in every fourth year; " and the electors in each State "meet and give in their votes on the second Monday in Janu- ary next following their appointment, at such place in each State as the legislature of such State shall direct." (Ill, 1914.) The statutes also pro- vide for transmitting to the President of the Senate certificates of the appointment of the electors and of their votes (III, 1915-1917). § 171. Decision Decision of the Supreme Court of the ITnited States: of the court. In re Green, 134 U. S., 377. *No Person except a natural born Citizen, or a 1 172. Qnaiiflca- CitizBU of the United States, at the time otZ%liui"' of the Adoption of this Constitution, states. ghall be eligible to the Office of Presi- dent; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the Uhited States. Decision of the Supreme Court of the United States: of the court* "" English v. The Trustees of the Sailors' Snug Harbor, 3 Pet., 99. * In Case of the Removal of the President from § 174. Succession Office, or of hls Death, Resignation, or .?ea'th?«8ig™attoni Inability to discharge the Powers and pretwent and"' ^^^^^^ ^f the Said Office, the same shaU Vice-President. devolvc on the Vice President, and the Congress may by Law provide for the Case of Re- moval, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. [48] coNsirruTioN of the united states. §§ 176-179. " The President shall, at stated Times, receive for s 175. compensii- his Servlces, a Compensation, which tion of President. ^Yiall neither be encreased nor dimin- ished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. ^'Before he enter on the Execution of his Office, he s 176. Oath of the shall take the following Oath or Affirma- president. ^.j^^j^. — u J ^^ solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." The takii^g of this oath, which is termed the inauguration, is made the occasion of certain simple ceremonies which are arranged for by a joint committee of the two Houses (III, 1998, 1999). The oath is taken at the east portico of tiie Capitol, although in earlier years it was taken in the Senate Chamber or Hall of the House (III, 1986-1995). And when Vice- President Fillmore succeeded to the vacancy in the office of President, Congress being in sessionj he took the oath in the Hall of the House in the presence of the Senate and House (III, 1997). § 177. DecMon Decision of the Supreme Court of the United States: oftheconrt. , „ , ,„_ -r^ « , In re Neagle, 135 U. S., 1. Section 2. ^ The President shall be Commander in 5178. The Chief of the Army and Navy of the comm»d« to United States, and of the Militia of the chM- several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal § 179. Opinions of ^^ ^. , _ , .. ta . the President's Officor lu each 01 the executive Uepart- •dvisers. ments, upon any Subject relating to the [49] CONSTrrUTION OF THE UNITED STATES. |§ 180-184. Duties of their respective Ofl&ces, and he shall have power to grant Reprieves and Pardons grants reprievTs for Offences agalnst the United States, and pardons. ^^^^^^ . ^ ^^^^ ^^ Impeachment. Decisions of the Supreme Court of the United States: United States v. Wikon, 7 Pet., 150; Ex parte William Wells, 18 How., 307; Ex parte Garland, 4 Wall., 333; Armstrong's § 181. Decisions Foundry 6 Wall., 766; The Grape Shot, 9 Wall., 129; of the court. ^^^^^ ^^^^^ ^_ Padelford, 9 Wall., 542; United ^tates V. KleiQ, 13 Wall., 128; Armstrong v. The United States, 13 Wall., 152; Pargoud v. The United States, 13 Wall., 156; Hamilton v. Dillin, 21 WaU., 73; Mechanics and Traders' Bank v. Union Bank, 22 Wall., 276; Lamar, ex., V. Browne et al., 92 U. S., 187; Wallach et al. ■;;. Van Riswick, 92 U. S., 202; Eustis V. Belles, 150 U. S., 361. ^ He shall have Power, by and with the Advice and § 182. President Consent of the Senate, to make Treaties, makes treaties. ppovldcd two-thlrds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, power of the aud all other Officers of the United President. states, whose Appointments are not herein otherwise provided for, and which shall be established by Liaw; but the Congress may by Law vest the Appointment of such inferior Ofl&cers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. Decisions of the Supreme Court of the United States: Ware v. Hylton et al., 3 Dall., 199; Marbury ■»., Madison, 1 Cr., 137; United - States V. Kirkpatrick,' 9 Wh., 720; American Insurance !f\^6'conrf°°^ Company v. Canter (356 bales cotton), 1 Pet., 511; Foster and Elam v. NeUson, 2 Pet., 253; Cherokee Nation v. State of Georgia, 5 Pet., 1; Patterson v. Gwinn et al., 5 Pet., 233; [SO] CONSTITUTION OF THE tTNlTED STATES. §§ 185-188. Worcester v. State of Georgia, 6 Pet., 515; City of New Orleans v. De Armas et al., 9 Pet., 224; Holden v. Joy, 17 Wall., 211; United States v. Germaine, 99 U. S., 508; United States v. Corson, 114 U. S., 619; United States v. Perkins, 116 U. S., 483; United States v. Rauscher, 119 U. S., 407; Mormon Church V. United States, 136 U. S., 1; Field v. Clark, 143 U. S., 649; Shoe- maker V. United States, 147 U. S., 282; Parsons v. United States, 167 U. S., 324; Rice v. Ames, 180 U. S., 371; Fourteen Diamond Rings v. United States, 183 U. S., 176; Dorr v. United States, 195 U. S., 138. ^The President shall have Power to fill up all § 185. President's Vacancics that may happen during the varanci^s"duriii5 Recess of the Senate, by granting Corn- recess of the missions which shall expire at the End Senate. /> > i • » r^ • 01 their next Session. Decision of the Supreme €ourt of the United States: 5 186. Decision The United States ■;;. Kirkpatrick et al., 9 Wh., of the court. 720. Section 3. He shall from time to time give to the Congress Information of the State from the of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; * * * In the early years of the Government the President made a speech to Congress on its assembling (II, 1139; V, 6629); but in 1801 President Jeffer- son discontinued this practice and transmitted a message "in writing," and this precedent has been followed since (V, 6629). Messages other than the annual message have always been transmitted in writing. A message is usually communicated to both Houses on the same day, but an original document accompanying can of course be sent to but one House (V, 6616, 6617). In early years confidential messages were often sent and considered in secret session of the House (V, 7251, 7252). The ceremony of receiving a message from the President is simple (V, 6591), and may occur during consideration of a § 188. Reception question of privilege (V, 6640-6642) or before the Oi inessSi&res from the President. organization of the House (V, 6647-6649). But, with the exception of vetoes, messages are regularly laid before the House only at the time prescribed by the, rule for the order of 151] CONSTITUTION OF THE UNITED STATES. §1 189-192. business (V, 6635-6638). While a message of the President is always read in full the latest rulings have not permitted the reading of the accom- panying documents to be demanded as a matter of right (V, 5267-5271). * * * he may, on extraordinary Occasions, con- ,„„ „ , vene both Houses, or either of them, § 189. Power of ' ' President as to and in Case of Disagreement between adjourning them, with Respcct to the Time of Congress. Ad j oumment, he may adjourn them to such Time as he shall think proper; * * * In certain exigencies the President may convene Congress at a place other than the seat of government (I, 2). Congress has frequently been convened by the President (I, 10, 11), and in one instance, when Congress had provided by law for meeting, the President called it together on an earlier day (I, 12). The statutes provide that in case of the removal, death, res^;nation, or inability of both President and Vice-President dimng a recess of Congress the Secretary who acts as President shall convene Con- gress in extraordinary session (I, 13). There has been some discussion as to whether or not there is a distinction between a session called by the President and other sessions of Congress (I, 12, footnote). * * * he shall receive Ambassadors and other § 190. President publlc Ministers; he shall take Care sldorsTexecutes the that the Laws be faithfully executed, Soroffl":;. and shall Commission all the officers of the United States. Decisions of the Supreme Court of the United States: *'-^''^™y ■"• ^^dison, 1 Cr., 137; Kendall, Postmaster- the court.* General, v. The United States, 12 Pet., 524; Luther v. Borden, 7 How., 1; The State of Mississippi v. Johnson, President, 4 Wall., 475; Stewart v. Kahn, 11 Wall., 493; In re Neagle, 135 U. S., 1. ^ Section 4. The President, Vice President, and all §^i»2.jmpeach. clvll Officers of the United States, shall officers. " be removed from Office on Impeachment for, and Conviction of. Treason, Bribery, or other high Crimes and Misdemeanors. [52] CONSTrriTTION OF THE UNITED STATES. §S 193, 191. . In the Blount trial the managers contended that all citizens of the United States were liable to impeachment, but this contention officers th^mT "^^^ ^°^ admitted (III, 2315), and in the Belknap trial be Impeached. ^•'^^ managers and counsel for respondent agreed that a private citizen, apart from offense in an office, might not beimpeached (III, 2007). But resignation of the office does not prevent impeachment for crime or misdemeanor therein (III, 2007, 2317, 2444, 2445, 2459, 2509). In Blount's case it was decided that a Senator was not a civil officer within the meaning of the impeachment provisions of the Constitution (III, 2310, 2316). puestions have also arisen as to whether or not the Congressional Printer (III, 1785), or a vice-consul-general (III, 2515), might be impeached. Proceedings for the impeachment of terri- torial judges have been taken in several instances (III, 2486, 2487, 2488), although various opinions have been given that such an officer is not impeachable (III, 2022, 2486, 2493). As to what are impeachable offenses there has been much disciission (III, 2008, 2019, 2020, 2356-2362, 2379-2381, 2405, 2406, 2410, § 194. Najmre of 2498). For a time the theory that indictable offenses offenses. *"^y were impeachable was stoutly maintained and as stoutly denied (III, 2356, 2360-2362, 2379-2381, 2405, 2406, 2410, 2416) ; but on the tenth and eleventh articles of the impeachment of the President the House concluded to impeach for other than indictable offenses (III, 2418), and in the Swayne trial the theory was definitely, abandoned (III, 2019). While there has not been definite concurrence in the claim of the managers in the trial of the President that an impeachable offense is any misbehavior that shows disqualification to hold and exercise the office, whether moral, intellectual, or physical (III, 2015), yet the House has impeached judges for imi?roper personal habits (III, 2328, 2505), and in the impeachment of the President one of the articles charged him with "intemperate, inflammatory, and scandalous harangues" in public ad- dresses, tending to the harm of the Government (HI, 2420). There was no conviction under these charges except in the single case of Judge Pick- ering, who was charged with intoxication on the bench (III, 2328, 2341). As to the impeachment of judges for other delinquencies, there has been much contention as to whether they may be impeached for any breach of 'good behavior (III, 2011, 2016, 2497), or only for judicial misconduct occurring in the actual administration of justice in connection with the court (III, 2010, 2013, 2017). The ijitent of the judge (III, 2014, 2382) as related to mistakes of the law, and the relations of intent to conviction have been discussed at length (III, 2014, 2381, 2382, 2518, 2519). The statutes make nonresidence of a judge an impeachable offense, and the House has [53] CONSTITUTION OF THE UNITED STATES. §§ 196-197. taken steps to impeach for this cause (III, 2476, 2512) . There has, howevOT, been some question as to the power of Congress to make an impeachable offense (III, 2014, 2015, 2021, 2512). Usurpation of power has been exam- ined several times in its relations as a cause for impeachment ^ ^^^^^ Lj^^gg^ Ig ^ff^■^l^ jgg. ^allach the court. ^^ ^ ^ ^^^ Biswick, 92 U. S., 202. ARTICLE IV. Section. 1. Full Faith and Credit shall be given § 208. Each state in each State to the Public Acts, Rec- 'XrZ:T,ll, ords, and judicial Proceedings of every of other states. other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. [58] CONSTITUTION OF THE UNITED STATES. § 209. Decisions of the Supreme Court of the United States: S9n« n.Md„n ..f ^^^ '"■ I>uryee, 7 Or., 481; Hampton v. McConnel, the court! 3 Wh., 234; Mayhew v. Thatcher, 6 Wh., 129; Darby's Lessee v. Mayer, 10 "Wh., 465; The United States v. Amedy, 11 Wh., 392; Caldwell et al. v. Carrington's heirs, 9 Pet., 86; M'Elmoyle v. Cohen, 13 Pet., 312; The Bank of Augusta v. Earle, 13 Pet., 519; Bank of the State of Alabama v. Dalton, 9 How., 522; D'Arcy v. Ket- chum, 11 How., 165; Christmas v. Russell, 5 Wall., 290; Green v. Van Bus- kirk, 7 Wall., 139; Paul v. Virginia, 8 Wall., 168; Board of Public Wo^ks v. Columbia College, 17 Wall., 521; Thompson v. Whitman, 18 Wall., 457; Pennoyer v. Nebb, 95 U. S., 714; Bonaparte v. Tax Court, 104 U. S., 592; Robertson v. Pickrell, 109 U. S., 608; Brown et al. v, Houston, Collector', et al., 114 U. S., 622; Hanley v. Donoghue, 116 U. S., 1; Renaud v. Abbott, 116 U. S., 277; Chicago & Alton R. R. v. Wiggins Ferry Co., 119 U. S., 615; Borer v. Chapman, 119 U. S., 587; Cole v. Cunningham, 133 U. S., 107; Blount V. Walker, 134U. S., 607; Simmons v. Saul, 138 U. S., 439; Reynolds V. Stockton, 140 U. S., 254; Carpenters. Strange, 141 U. S., 87; Huntington V. Attrill, 146 U. S., 657; Glenn v. Garth, 147 U. S., 360; Laing v. Rigney, 160 U. S., 531; Chicago, Rock Island & Pacific Railway Co. v. Sturm, 174 U. S., 710; Thormahn v. Frame, 176 U. S., 350; Hancock National Bank v. Famum, 176 U. S., 640; Clarke v. Clarke et al., 178 U. S., 186; Wilkes County V. Color, 180 U. S., 506; W. '^. Cargill Co. v. Minnesota, 180 U. S., 452; Johnson v. New York Life Ins. Co., 187 U. S., 491; Andrews v. Andrews, 188 U. S., 14; Blackstone v. Miller, 188 U. S., 189; Finney v. Guy, 189 U. S., 335; Anglo-American Provision Co. v. Davis Provision Co., 191 U. S., 373; Wabash R. R. Co. v. Flannigan, 192 U. S., 29; German Savings Society v. Dormitzer, 192 U. S., 125; Wedding v. Meyler, 192 U. S., 573; National Mutual Building and Loan Ass. v. Brahan, 193 U. S., 635; Minnesota v. Northern Securities Co., 194 U. S., 48; National Exchange Bank v. Wiley, 185 U. S., 257;JasterD. Currie, 198 U. S., 144; Harding i). Harding, 198 U. S., 317; Harris v. Balk, 198 U. S., 215; Louisville & Nashville R. R. v. Deer, 200 U. S., 176; Haddock v. Haddock, 201 U. S., 562; Northern Assurance Co. V. Grand View Building Association, 203 U. S., 106; Wetmorei;. Karrick, 205 U. S., 141; Old Wayne Life Association d. McDonough, 204 U. S., 8; Tilt V. Kelsey, 207 U. S., 43; Brown v. Fletcher's Estate, 210 U. S., 82; Fauntleroy v. Lum, 210 U. S., 230; Atchison, Topeka & Santa Fe Ry, Co. v. Sowers, 213 U. S., 55; Everett v. Everett, 215 U. S., 203; Fall v. Eastin, 215 U. S., 1; Olmsted v. Olmsted, 216 U. S., 386. [59] CONSTITUTION OF THE UNITED STATES. §§ 210-212. Section 2. ^ The Citizens of each § 210. Privileges and immimmes State shall be entitled to all Privileges of citizens. -,--- .,• i* r^* i * ' j.i and Immunities oi Citizens m the several States. Decisions of the Supreme Court of the United States: Bank of United States v. Devereux, 5 Cr., 61, thf court!"'"""' "^ Gassius '.;. Ballou, 6 Pet., 761; The State of Rhode Island V. The Commonwealth of Massachusetts, 12 Pet., 657; The Bank of Augusta v. Earle, 13 Pet., 519; Moore v. The People of The State of Illinois, 14 How., 13; Conner et al. v. Elliott et al., 18 How., 591; Dred Scott v. Sandford, 19 How., 393; Crandall v. State of Nevada, 6 Wall., 35; Woodruff v. Parham, 8 Wall., 123; Paul v. Virginia, 8 Wall., 168; Downham v. Alexandria Council, 10 Wall., 173; Liverpool Insurance Company v. Massachusetts, 10 Wall., 566; Ward v. Maryland, 12 Wall., 418; Slaughterhouse Cases, 16 Wall., 36; Bradwell v. The State, 16 Wall., 130; Chemung Bank v. Lowery, 93 U. S., 72; McCready v. Virginia., 94 U. S., 391; Philadelphia Fire Association v. New York, 119 U. S., 110; Pembina Milling Co. v. Pennsylvania, 125 U. S., 181; Kimmish v. Ball, 129 U. S. 217; Cole v. Cunningham, 133 U. S., 107; Manchester v. Massa- chusetts, 139 U. S., 240; Pittsburg & Sbuthem Coal Co. v. Bates, 156 U. S., 577; Vance v. W. A. Vandercook, No. 1, 170 U. S., 438; Blake v. McClung, 172 U. S., 239; Williams v. Fears, 179 U. S., 270; Travellers Insurance Co. V. Connecticut, 185 U. S., 364; Chadwick v. Kelley, 187 U. S., 540; Diamond Glue Co. V. U. S. Glue Co., 187 U. S., 611; Blackstone v. Miller, 188 U. S., 189; Anglo American Provision Co. v. Davis Provision Co., 191 U. S., 373; Chambers v. Baltimore and Ohio Eaiboad Co., 207 U. S., 142; Hudson Water Co. i;. McCarter, 209 U. S., 349. ^ A person charged in any State with Treason, 5 212. Extradition Felony, or other Crime, who shall flee lor treason, felony, from Justice, and be found in another OT other crime. cij. j. i n t-» btate, shall on Demand oi the executive Authority of the State from which he fled, be de- livered up, to be removed to the State having Juris- diction of the Crime. [60] CONSTITtrTION OP THE UNITED STATES. §§ 218-216. Decisions of the Supreme Court of the United States: Holmes v. Jennison et al., 14 Pet., 540; Common- §218. Decisions of i^i, . rr 4. i ta ■ «. tt thecoart. wealth of Kentucky v. Dennison, governor, 24 How., 66; Taylor v. Tainter, 16 Wall., 366; Carroll County v. Smith, 111 U. S., 556; Ex parte Eeggel, 114 U. S., 642; Mahon v. Justice, 127 tr. S., 700; Lascelles v. Georgia, 148 U. S., 537; Utter v. Franklin, 172 U. S., 416; Munsey v. Clough, 196 U. S., 364; Appleyard v. Massachusetts, 203 U. S., 222; Pettibone v. Nichols, 203 U. S., 192; McNichols v. Pease, 207 U. S., 100; Bossing v. Cody, 208 U. S., 386; Pierce v. Creecy, 210 U. S., 387; Marbles v. Creecy, 215 U. S., 63. ^ No Person held to Service or Labour in one State, i 214. Persons held undcr the Laws thereof, escaping into to service or labor, another, shall in Consequencc of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. Decisions of the Supreme Court of the United States: Prigg 1). The Commonwealth of Pennsylvania, 16 Pet., Graham, 10 How., 82; Moore v. The People of the State of Illinois, 14 How., 13; Dred Scott v. Sanford, 19 How., 393; Ableman v. Booth and United States v. Booth, 21 How., 506. Section 3. ^ New States may be admitted by the Congress into this Union; but no new and formaMon of State shall be formed or erected within new states. ^^^ Jurlsdictiou of any other State ; nor any State be formed by the Junction of two or more States, or Parts of States, without the consent of the Legislatures of the States concerned as well as of the Congress, [61] CONSTITUTION OF THE UNITED STATES. S§ 217-219. Decisions of the Supreme Court of the United States: American Insurance Company et al. v. Canter (356 §217. Decisions of ^^^^ cotton), 1 Pet., 511; Pollard's Lessee v. Hagan, the court. g g^^^ 2^2; Cross et al. v. Harrison, 16 How., 164; Benson v. United States, 146 U. S., 325; Ward v. Race Horse, 163 U. S., 504; Bolhi i). Nebraska, 176 U. S., 83; Louisiana v. Mississippi, 202 U. S., 1. ^ The Congress shall have Power to dispose of and § 218. Power of make aU needful Rules and Regulations to "^and other*"*' respecting the Territory or other Prop- nationai property, ertj belonging to the United States ; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Decisions of the Supreme Court of the United States: McCuUoch V. State of Maryland, 4 Wh., 316; the*!ourt "*'*""' "' American Insurance Company v. Canter, 1 Pet., 511; United States v. Gratiot et al., 14 Pet., 526; United States V. Rogers, 4 How. , 567 ; Cross et al. d. Harrison , 16 How. , 164; Muckey et al. V. Coxe, 18 How., 100; Dred Scott v. Sandford, 19 How., 393; Gibson v. Chouteau, 13 Wall., 92; Clinton v. Englebert, 13 Wall., 434; Beall V. New Mexico, 16 Wall., 535; National Bank v. Yankton County, 101 U. S., 129; United States v. Waddell, 112 U. S., 76; Van Brocklin v. State of Tennessee, 117 U. S., 151; Clayton v. Utah Territory, 132 U. S., 632; Wisconsia Central Railroad Co. v. Price, 133 U. S., 496; Geofroy v. Riggs, 133 U. S., 258; Mormon Church v. United States, 136 U. S., 1; Jones V. United States, 137 U. S., 202; St. Paul, Minneapolis, etc.. Railway Co. V. Phelps, 137 U. S., 528; Talton v. Mayes, 163 U. S., 376; American Publishing Co. v. Fisher, 166 U. S., 464; Oamfield v. United States, 167 U. S., 518; Thompson v. Utah, 170 U. S., 343; Green Bay & Mississippi Canal Co. v. Patten Paper Co., 173 U. S., 179; Neely v. Henkel (No. 1), 180 U. S., 109; De Lima v. Bidwell, 182 U. S., 1; Dooley v. United States, 182 U. S., 222; Downes v. Bidwell, 182 U. S., 244; Fourteen Diamond Rings V. United States, 183 U. S., 176; Hawaii v. Mankichi, 190 U. S., 197; Binns v. United States, 194 U. S., 486; Dorr v. United States, 195 U. S., 138; Rassmussen v. United States, 197 U. S., 516; United States v. Heinsgen, 206 U. S., 370; Grafton v. United States, 206 U. S., 333; Ponce v. Roman Catholic Church, 210 U. S., 296; Atchison, Topeka & Santa Fe [62] CONSTrrUTION OF THE UNITED STATES. • §§ 220-228. Ry. Co. V. Sowers, 213 U. S., 55; El Piaso & Northeastern Ry. Co. v. Gutierrez, 215 U. S., 87; Weems iJ.'United States, 217 U. S., 349. Section. 4. The United States shall guarantee to 1 220. Bepnbitcan evepy State in this Union a Republican and protection from Foim of Government, and shall protect Slnt/dt::: each of them against Invasion; and on st»t«s. Application of the Legislature, or of the Executive (when the Legislattu-e cannot be con- vened) against domestic Violence. Decisions of the Supreme Court of the United States: Luther v. Borden, 7 How., 1; Texas i). White, 7 Wall., thf court ''*'*''°' "' ^°°; I^ ""^ Duncan, 139 U. S., 449; Taylor et al. v. Beckham (No. 1), 178 U. S., 548; South Carolina v. United States, 199 U. S., 437. ARTICLE. V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose §222. Amendments « i j. j. j.i_' r^ x*j. j.* to tie Constitution. Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to aU Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conven- tions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Con- gress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and [63] CONSTITtrnON OF THE UNITED STATES, {§ 828-226. • fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. Amendments to the Constitution are proposed in the form of joint reso- S 223. Form of and lutions, which have their several readings and are action on amend- enrolled and signed by the presiding officers of the two mentstothe Houses (V, 7029, footnote), but are not presented to Constitution. the President for his approyal (V, 7040). They are filed with the Secretary of State by the Committee on Enrolled Bills (V, 7041). The two Houses have requested the President to transmit to the States forthwith certain proposed amendments (V, 7041, 7043). The President may notify Congress by message of the promulgation of the ratification of a constitutional amendment (V, 7044). Question has arisen as to the power of a State to recall its assent to a constitutional amendment (V, 7042). The vote required on a joint resolution proposing an amendment to the § 224. The two- Constitution is two-thirds of those voting, a quorum thirds vote on being present, and not two-thirds of the entire member- proposed ship (V, 7027, 7028) . The requirement of the two-thirds amendments. ^^^^ applies to the vote on the final passage and not to amendments (V, 7031, 7032) or prior stages (V, 7029, 7030), but is required where the House votes on agreeing to Senate amendments (V, 7033, 7034). One House having, by a two-thirds vote, passed in amended form a pro- posed constitutional amendment from the other House, and then having by a majority vote receded from its amendment, the constitutional amend- ment was held not to be passed (V, 7035). A two- thirds vote is required to agree to a conference report on a joint resolution proposing an amend- ment to the Constitution (V, 7036). Ayes and nays not required to pass a resolution amending the Constitu- tion (vol. 5, 7038-7039). ARTICLE VI. ^AU Debts contracted and Engagements entered § 225. Validity of ^^^^o, bcforc tho Adoption of this Con- englgements. stitutiou, shall be as valid against the United States under this Constitution, as under the Confederation. [64] CONSTITUTION OP THE UNITED STATES. §§ 226-238. ^This Constitution, and the Laws of the United States which shall be made in Pursii- §926. Constitution, ance thcrcof; and all Treaties made, or lhr»'„rrL*ruwn, whichshall be made, under the Author- the supreme law of ' the land. ity of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contriary notwithstanding. Recent decisions of the Supreme Court of the United States: Dodge V. Woolsey, 18 How., 331; State of New York ImJ coSrt*""' "• Di^'^le, 21 How., 366; Ableman v. Booth and United States V. Booth, 21 How., 506; Sinnot v. Davenport, 22 How., 227; Foster v. Davenport, 22 How., 244; Haver v. Taker, 9 Wall., 32; Clafflin V. Houseman, assignee, 93 U. S., 130; United States v. 43 Gallons of Whisky, 93 U. S., 188; Hanenstein v. Lynham, 100 U. S., 483; Neal v. Delaware, 103 U. S., 370; Ex parte Crow Dog, 109 U. S., 556; Carroll County V. Smith, 111 U. S., 556; Head Money Cases, 112 U. S., 580; Van Brocklin i;. State of Tennessee, 117 U. S., 151; United States v. Rauacher, 119 U. S., 407; Kerr v. Illinois, 119 U. S., 436; Whitney v. Robinson, 124 U. S., 190; The Chinese Exclusion Cases, 130 U. S., 581; Geofroy v. Riggs, 133 U.S., 258; InreNeagle, 135U. S., 1; Horneri). United States, 143 U. S., 570; Fong Yue Ting v. United States, 149 U. S., 698; Gulf, Colorado and Santa Fe Railway Co. v. Hefley, 158 U. S., 98; Ward v. Race Horse, 163 U. S., 504; McClellan v. Chipman, 164 U. S., 347; Smyth v. Ames, 169 U. S., 466; Missouri, Kansas & Texas Railway Co. v. Haber, 169 U. S., 613; Ohio V. Thomas, 173 U. S., 276; Lone Wolf v. Hitchcock, 187 U. S., 553; South Carolina v. United States, 199 U. S., 437; Paddell v. City of New York; 211 U. S., 446; Berea College v. Kentucky, 211 U. S., 45; McLean v. Arkansas, 211 U. S., 539; Atchison, Topeka & Santa Fe Ry. Co. i;. Sowers, 213 U. S., 55; Sanchez v. United States, 216 U. S., 167. ^The Senators and Representatives before men- , „„o „ .V , tioned, and the Members of the several § 228. Oaths of ' puhiic officers; State Leglslatures, and all executive of reifeions te°ts. and judicial Officers, both of the United States and of the several States, shall be bound by [65] CONSTITUTION OF THE UNITED STATES. §§ 229-281. Oath or Affirmation, to support this Constitution; \Mt no reUgious Test shall ever be required as a Quali- fication to any Office or public Trust under the United States. The statutes prescribe the form of oath as follows (I, 128): "I, A B, do solemnly swear (or affirm) that I will § 229. Form of support and defend the ConBtitution of the United "^ ■ States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God . " The act of 1789 provides that on the organization of the House and pre- vious to entering on any other business the oath shall 1 230. Adralnlstra- be administered by any Member — ^by usage the one r^^ation** °^ longest continuous service (I, 131)— to the Speaker ' and by the Speaker to the other Members and Clerk (I, 130). This law, however, has at times been considered in the House as directory merely (1, 118, 242, 243, 245), but at other times has been observed carefully (I, 118, 140). The Speaker possesses no arbitrary power in the administration of the § 2S1. Functions °**^ (^< •'■^^)> ^^^ when objection is made the question of the Speaker In must be decided by the House and not by the Chair administering (i_ 519^ 520). An objection prevents the Speaker °* ■ from administeriug the oath of his own authority, even though the credentials be regular in form (I, 135-138). The Speaker has frequently declined to administer the oath in cases whereiu the House has, by its action, indicated that he should not do so (I, 139, 140). And in case of doubt he has waited the instruction of the House (I, 396). There has been discussion as to the competency of a Speaker pro tempore to admin- ister the oath (I, 170), and in the absence of the Speaker a Member-elect waited until the Speaker should be present (I, 179). The House may authorize the Speaker to administer the oath to a Member away from the House (1, 169), or may, in such a case, authorize another than the Speaker to administer the oath (I, 170). [66] OONSTrrUTION OF THE UNITED STATES. §§ 2S2-28S. Members have been swom at the beginning of a second session before § 282. Admlnlstra- ^^^ ascertainment of a quorum (I, 176-178), and where tion of the oath a roll call or other ascertainment has shown the absence 8s related to the of a quorum (I, 178, 181, 182). In one instance, how- qnonim. ever, the Speaker declined to administer the oath under such circumstances (II, 875). A proposition to administer the oath to a Member is a matter of high privilege, and the oath has been administered during adrntaistratlo^of" ^ ^^^^ °^ ^^^ ^°^^ °^ ^ motion to agree to rules at the time the oath. of organization (1, 173), before the reading of the Journal (I, 172), before a pending motion to amend the Journal (I, 171). A division being demanded on a resolution for seating several claimants, the oath may be administered to each as soon as his case is decided (I, 623). When the House votes to admit a Member and the motion to reconsider is disposed of, the right to be swom is complete and not to be deferred even by a motion to adjourn (I, 622). The right of a Member-elect to take the oath is sometimes challenged. This usually occurs at the time of oi^anization of the tbeXbttoUCkl"' House. The challenge proceeds from some Member, the oath. l"^* ^^^ ''^ct that he has not yet taken the oath himself does not debar him from making the challenge (I, 141'). The Member challenging does so on his responsibility as a Member or on the strength of documents (I, 448) or on both (I, 443, 474). And where an objection was sustained neither by affidavit nor on the responsibility of the Member objecting, the House declined to entertain it (I, 455). It has been held, although not uniformly, that in cases where the right § 285. Considera- "^ ^ Member-elect to take the oath is challenged, the Hon of an objection Speaker may direct the Member to stand aside tempo- to the taking of rarily (I, 143-146, 474). The Member so challenged is the oath. j^Q^. thereby deprived of any right (I, 155), and when several are challenged and stand aside the question is first taken on the Member-elect first required to stand aside (I, 147, 148). In 1861 it was held that the House might direct contested names to be passed over until the other Members-elect had been swom in (I, 154). Motions and debate are in order on the questions involved in a challenge, and in a few cases other business has intervened by unanimous consent (I, 149, 150). By unani- mous consent the consideration of a challenge is sometimes deferred until after the completion of the organization (I, 474), and by unanimous con- sent also the House has sometimes proceeded to legislative business pend- ii^ consideration of the right of a Member to be swom (I, 151-152). [67] CONSTITUTION OF THE UNITED STATES. §§ 2S6-239. Although the House has emphasized the impropriety of swearing in a § 286. Relation of Member without credentials (I, 162-168), yet it has credentials to the been done iii cases wherein the credentials are delayed right to take the or lost and there is no doubt of the election (I, 85, ****''• 176-178), or where the governor of a State has declined to give credentials to a person whose election was undoubted and uncon- tested (I, 553). Where the prima facie right is contested the Speaker declines to administer the oath (I, 560), but the House admits on his prima facie showing and without regard to final right a Member-elect from a rec- ognized constituency whose credentials are in due form and whose qualifi- cations are unquestioned (I, 528-534). If the status of the constituency is in doubt, the House usually defers the oath (I, 361, 386, 448, 461). The House also may defer the oath when a question of qualifications arises (I, 474), but it may investigate qualifications after the oath is taken (1, 156-159, 420, 462, 481), and after investigation unseat the Member by majority vote (I, 428). Questions of sanity (1, 441) and loyalty (I, 448) seem to pertain to the § 287. Sanity and competency to take the oath rather than to the question loyalty as related of qualifications, although there has been not a little to the oath. jg^g^jg Qjj ^■^^^ subject (I, 479) . Decisions of the Supreme Court of the United States: Ex parte Garland, 4 Wall., 333; Davis v. Season, ofttfe'conrf""' ^^^ ^- ^■' ^^^'' Mormon Church v. United States, 136 U. S., 1. ARTICLE VII. The Ratification of the Conventions of nine States, § 289. Ratification ^^^^ ^^ Sufficient for the Establishment °J '"f.^ ., of this Constitution between the States Constitution. , , SO ratifying the Same. Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In Wit- [68] CONSTrnjTION OF THE UNITED STATES. ness whereof We have hereunto subscribed our Names, GQ WASHINGTON— Presi^K and Deputy from Virginia. [Signed also by the deputies of twelve States.] New Hampshire. Nicholas Gilman. Massachusetts. RuFTJS King. Connedicut. Roger Sherman. New York. John Langdon, Nathaniel Gorham, Wm. Saml. Johnson, Alexander Hamilton Wil: Livingston, David Brearley, B. Franklin, RoBT. Morris, Tho: Fitzsimons, James Wilson, Geo: Read, John Dickinson, Jaco: Broom, James M'Henry, Danl Carroll John Blair, Wm. Blount, Hu. Williamson. New Jersey. Wm. Paterson, JoNA. Dayton. Pennsylvania. Thomas Mifflin, Geo: Clymer, Jared Ingersoll, Gouv: Morris. Delaware. Gunning Bedford, Jun'r, Richard Bassett. Maryland. Dan: of St. Thos. Jenifer, Virginia. James Madison, Jr, North Carolina. Rich'd Dobbs Spaight, [69] CONSTITUTION OF THE UNITED STATES. §§ 240,211. South Carolina. J. RUTLEDGE, ChAELES CoTESWOBTH PiNCKNEY, Charles Pincknby, Pierce Butler. Georgia. Wllllam Few, Abr. Baldwin. Attest: WILLL4.M Jackson, Secretary. ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CON- STITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION, a [ARTICLE I.] Congress shall make no law respecting an estab- § 240. Freedom of llshment of rellgion, or prohibiting the IndTpeace^bT' free exerclse thereof; or abridging the assembly. freed om of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Decisions of the Supreme Court of the United States: Terret et al. v. Taylor et al., 9 Cr., 43; Vidal et al. o/t"e' cS''°°' ^- ^^^^ ®* *!•' 2 How., 127; Ex parte Garland, 4 Wall., 333; United States v. Cruikshank et al., 92 U. S., 542; Reynolds v. United States, 98 U. S., 145; Spies v. Illinois, 123 U. S., 131; « The first ten amendments to the Constitution of the United States were proposed to the legislatures of the several States by the First Con- gress, on the 25th of September, 1789. They were ratified by the following States, and the notifications of ratification by the govenors thereof were successively communicated by the President to Congress: New Jersey, November 20, 1789; Maryland, December 19, 1789; North Carolina, Decem- ber 22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25, 1790; Delaware, January 28, 1790; Pennsylvania, March 10, 1790; New York, March 27, 1790; Rhode Island, June 15, 1790; Vermont, November 3, 1791, and Virginia, December 15, 1791. There is no evidence on the jom:- nals of Congress that the legislatures of Connecticut, Georgia, and Massa- chusetts ratified them. [70] CONSTITUTION OF THE UNITED STATES. §1 242-246. Davia D. Beason, 133 U. S., 333; Eilenbecker v. Plymouth County, 134 U. S., 31; Mormon Church v. United SUtee, 136 U. S., 1; In re Rapier 143 U. S., 110; Homer v. United States, 143 U. S., 207; Bradfield v. Roberts, 175 U. S., 291; Turner v. Williams, 194 U. S., 279; Jack v. Kansas, 199 U. S., 372; Quick Bear v. Leupp, 210 U. S., 50; Twining v. New Jersey, 211 U. S., 78. [ARTICLE II.] § 242. The right A well regulated Militia, being neces- to bear arms. ^^^.y to the security of a free State, the right of the people to keepf and bear Arms, shall not be infringed. Decisions of the Supreme Court of the United States: Presser v. Illinois, 116 U. S., 252; Spies v. Illinois, !me court"**"' ^23, U'. S, 131; Eilenbecker v. Plymouth County, 134 U. S., 31; Jack v. Kansas, 199 U. S., 372; Twining v. New Jersey, 211 U. S., 78. [ARTICLE III.] No Soldier shall, in time of peace be quartered in any house, without the consent of the 1 244. Quartering -^ . , . ■ i j. • of soldiers In Owner, nor in time oi war, but in a houses. manner to be prescribed by law. Decisions of the Supreme Court of the United States: Spies V. Illinois, 123 U. S., 131; Eilenbecker v. Ply- § 245. Decisions ^^^^^j^ County, 134 U. S., 31; Jack v. Kansas, 199 U. S., of the court. g^^. Twining v. New Jersey, 211 U. S., 78. [ARTICLE IV.] The right of the people to be secure in their persons, § 246. Security housBS, papers, and effects, against un- lercheTrr*"* reasonable searches and seizures, shall seizures. not be Violated, and no Warrants shall issue, but upon probable cause, supported by Oath [71] CONSTITUTION OP THE UNITED STATES. §§ 247,248. or aflBrmation, and particularly describing the place to be searched, and the persons or things to be seized. Decisions of the Supreme Court of the United States: Smith V. State of Maryland, 18 How., 71; Murray's of the court* ""' Lessee et al. v. Hoboken Land and Improvement Company, 18 How., 272; Ex parte Milligan, 4 Wall., 2; Boyd v. United States, 116 U. S., 616; Spies v. Hlinois, 123 U. S., 131; Eilenbecker v. Plymouth County, 134 U. S.-, 31; Fong Yue Ting v. United States, 149 U. S., 698; Interstate Commerce Commission v. Brimson, 154 U. S., 447; In re Chapman, 166 U. S., 661; Adams v. New York, 192 U. S., 585; Morris v. Hitchcock, 194 U. S., 384; Public Clearing House v. Coyne, 194 U. S., 497; Interstate Commerce Commission v. Baird, 194 U. S., 25; Jack V. Kansas, 199 U. S., 372; Hale v. Henkel, 201 U. S., 43; Consoli- dated Bendering Co. v. Vermont, 207 U. S., 541; American Tobacco Co. v. Werckmeister, 207 U. S., 284; Twining v. New Jersey, 211 U. S., 78; Hammond Packing Co. v. Arkansas, 212 U. S., 322; Bagley v. General Fire Extinguishing Co., 212 U. S., 477; Smithsonian Institution v. St. John, 214 U. S., 19; Rhodus v. Manning, 217 U. S., 597. [ARTICLE v.] No person shall be held to answer for a capital, or I S48. Security as otherwise infamous crime, unless on a tMs!'^i"'^' presentment or indictment of a Grand property. Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;^ nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;^ nor shall be com- pelled in any Criminal Case to be a witness against himself;^ nor be deprived of life, liberty, or property, without due process of law;* nor shall private prop- erty be taken for public use, without just compen- sation.^ [72] CONSTITUTION OP THE UNITED STATES. §§ 219,250. Recent decisions of the Supreme Court of the United States: ^ Kepner; v, United States, 195 U. S., 100; McCray v. the cdi^ "' '^'^^^^^ ^^^' 195 ^- S-' 27; 'Bassmussen v. United States, 197 U. S., 516; * Ju Toy v. United States, 198 U. S., 253; 'Jack v. Kansas, 199 U. S., 372; * South CaroUnai). United States, 199 U. S., 437; "Trono u. United' States, 199 U.'S., 521; = Chica go^ B^& Q . Ry. Co. V. Drainage Commissioners, 200 U. S., 56l; ^ Southern ?acili?R'.' R". Co. V. United States, 200 U. S., 341; Howard v. Kentucky, 200 U. S., 164; 3 Hale i)..Henkel, 201 U. S., 43; ^McAlister v. Henkel, 201 U. S., 90; ' Nelson V. U. S., 201 U. S., 92; ' Sawyer v. U. S., 202 U. S., 150; ^ Matter of Moran, 203 U. S., 96; « Union Bridge Co. v. U. S., 204 U. S., 364; ^Martin v. District of Columbia, 2(te U. S., 135; Barrington ' v. Missouri, 205 U. S., 483; t and 6 United States v. Heinszen, 206 U. S., 370; * Ellis v. U. S., 206 U. S., 246; 2 Grafton I). U. S., 206 U. S., 333; * Hunter d. Pittsburgh, 207 U. S., 161; 2 Taylor v. U. S., 207 U. S., 120; Shoener v. Pennsylvania, 207 U. S., 188; 3 "iid 5 Consolidated Rendering Co. v. Vermont, 207 U. S., 541; ' American Tobacco Co. v. Werckmeister, 207 U. S., 284; < Adair v. U. S., 208 U. S., 161; 2 Bassing v. Cady, 208 U. S., 386; * Garfield v. Goldsby, 211 U. S., 249; 3 and 4 Tuning ^ Ne^ Jersey, 211 U. S., 78; * Goon Shung v. United States, 212 U. S., 566; * New York Central R. R. v. United States, 212 U. S., 481; ^United States v. Delaware & Hudson Co., 213 U. S., 366; ^^Keerl v. Montana, 213 U. S., 135; * Oceanic Navigation Co. v. Stranahan, 214 U. S., 320; District of Columbia i;. Brooke, 214 U. S., 138; * Sanchez v. United States, 216 U. S., 167; ^Monongahela Bridge Co. v. United States, 216 U. S., 177; ''Brantley v. Georgia, 217 U. S., 284; ^Rhodus v. Manning, 217 U. S., 597; * United States V. Welch, 217 U. S., 333. [ARTICLE VI.] IN ALL CRIMINAL PROSECUTIONS, THE AC- CUSED SHALL ENJOY THE RIGHT § 250. BiKut to tri^i by jury and TO A SPEEDY AND PUBLIC TRIAL, J^taZ'sld secure BY AN IMPARTIAL JURY OF THE te.timo,y. STATE AND DISTRICT WHEREIN THE CRIME SHALL HAVE BEEN COMMITTED, WHICH DISTRICT SHALL HAVE BEEN PREVI- OUSLY ASCERTAINED BY LAW, AND TO BE 69373°— 12 6 [73] '*WMiMfH*»^! CONSTITUTION OF THE UNITED STATES. § 251. INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION; TO BE CONFRONTED WITH ,THE -WITNESSES.. A^AIN^T HIMj^JTO^HAVJ^ e@M^LDQR¥ — PROeESS FOR OBTAIMNO WITNESSES IN HIS FAVOR, AND TO HAVE THE ASSISTANCE OF COUNSEL FOR- HIS DEFENCE. Recent decisions of the Supreme Court of the United States: Withers v. Buckley et al., 20 How., 84; Ex parte § 251. Decisions of j^jimg^^^ 4 -^g^n _ g; Twichell V. The Commonwealth, * """ ■ 7 Wall., 321; Miller v. The United States, 11 Wall., 268; United States v. Cook, 17 Wall., 168; United States v. Cruikshank et al., 92 U. S.,.542; Reynolds v. United States, 98 U. S., 145; Spies v. Illinois, 123 U. S., 131; Brooks -o. Missouri, 124 U. S., 394; Callan v. Wilson, 127 U. S., 540; Eilenbecker v. Plymouth Coimty, 134 U. S., 31; Jones v. United States, 137 U. S., 202; Cook v. United States, 138 U. S., 157; In re Shubuya Jugiro, 140 U. S., 291; In re Ross, 140 U. .S., 453; Fong Yue Ting v. United • States, 149 U. S., 698; Mattox v. United States^ 156 U. S., 237; Rosen v. United States, 161 U. S., 29; United States v. Zucker, 161 U. S., 475; Wong Wing v. United States, 163 U. S., 228; Thompson v. Utah, 170 U. S., 343; Maxwell v. Dow, 176 U. S., 581; Motes v. United States, 17,8 U. S., 458; Kdelity and Deposit Co. v. United States, 187 U. S., 315; Hawaii v. Mankichi, 190 U. S., 197; Lloyd v. Dollison, 194 U. S., 445; West v. Louisiana, 194 U. S., 258; Turner v. Williams, 194 U. S., 279; Schirk v. United States, 195 U. S., 65; Dorr v. United States, 195 U. S., 138; Rass- mussen v. United States, 197 U. S., 516; Beavers v. Haubert, 198 U. S., 77; Marvin v. Trout, 199 U. S., 212; Jack v. Kansas, 199 U. S., 372; Martin v. Texas, 200 U. S., 316; Howard v. Kentucky, 200 U. S., 164; Sawyer v. United States, 202 U. S., 150; Tinsley v. Treat, 205 U. S., 20; Ughbanks v. Armstrong, 208 U. S., 481; Armour Packing Co. v. United States, 209 U. S., 56; Twining 1;. New Jersey, 211 U. S., 78; Goon Shung v. United States, 212 U. S., 566; ' Knoxville v. Knoxville Water Co., 212 U. S., 1; United States ti. Stevenson, 215 U. S., 190; Haae -o. Henkel, 216 U. S., 462. [74] CONSTITUTION OF THE UNITED STATES. §§ 252-265. [ARTICLE VIL] ^ In suits at common law, where the value in con- .«Jiag^fiJB4aMJB^°Z!I!L^l^^^' e?cee(i tweiity.., dollars^ suits atcomSon ffi^'rifh^'^'?T*t:i^^'"P:j ]"^y 'jtiafftl^p^ preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Decisions of the Supreme Court of the United States: s psa i..ni.i„-= „f United States v. La Vengeance, 3 Ball., 297; Bank § 258. Decisions of ,. ^ . . . ^ , , . «« ^ the court. ™ Columbia v. Oakley, 4 Wh., 235; Parsons v. Bedford et al., 3 Pet., 433; Lessee of Livingston v. Moore et al., 7 Pet., 469; Webster v. Reid, 11 How., 437; State of Pennsylvania v. The Wheeling, &c.. Bridge Company et al., 13 How., 518; The Justices v. Mur- ray, 9 Wall., 274; Edwards v. Elliott et al., 21 Wall., 532; Pearson v. Yewdall, 95 U. S., 294; McElrath v. United States, 102 U. S., 426; Spies v. Illinois, 123 U. S., 131; Arkansas Valley Land A'Cattle Co. v. Mann, 130 U. S., 69; Eilenbecker v. Plymouth County, 134 U. S., 31; Whitehead v. Shattuck, 138 U. S., 146; Scott v. Neely, 140 U. S., 106; Cates v. Allen, 149 U. S., 451; Fong Yue Ting v. United States, 149 U. S., 698; Coughran V. Bigelow, 164 U. S., 301; Walker v. New Mexico & Southern Pacific Rail- road, 165 U. S., 593; Chicago, Burlington & Quincy v. Chicago, 166 U. S., 226; American Publishing Co.- v. Fisher, 166 U. S., 464; Rassmussen v. United States, 197 U. S., 516; Marvin v. Trout, 199 U. S., 212; Jack v. Kansas, 199 U. S., 372; Fidelity Mutual Life Ins. Co. v. Clark, 203 U. S., 64; Twining v. New Jersey, 211 U. S., 78. [ARTICLE VIII.J 1 264. Excessive Excesslve bail shall not be required, c™erprithm°ents ^^^ excesslvc fincs imposed, nor cruel prohibited. and unusual punishments inflicted. Decisions of the Supreme Court of the United States: Pervear v. Commonwealth, 5 Wall., 475; Spies v. rf the court ""^ IlUnois, 123 U. S., 131; Manning i;., French, 133 U. S., 186; Eilenbecker v. Plymouth County, 134 U. S., 31; McElvaine v: Brush, 142 U. S., 155; O'Neil v. Vermont, 144 U. S., 323; [75] CONSTITUTION OF THE UNITED STATES. §§ 256-269. McDon^i). Maeaachusetts, 180 U. S., 311; Jack v. Kansas, 199 U. S., 372; TJghba3|(|ty. Armstrong, 208 U. S., 481; Twining v. New Jersey, 211 U. S., 78; Weeais v. United States, 217 U. S., 349. [ARTICLE IX.] The enumeration in the Constitution, reseired to the of Certain rights, shall not be construed people. ^^ ^^^^ ^^ disparage others retained by the people. Decisions of the Supreme Court of the United States: Lessee of Livingston v. Moore at al., 7 Pet., 469; § 257. Decisions of g jgg „ Illinois, 123 U. S., 131; Jack v. Kansas, 199 theconrt. U. S., 372. [ARTICLE X.J The powers not delegated to the United States by the Constitution, nor prohibited by it reserved to the to the States, are reserved to the States states. X' 1 J. J.1 1 respectively, or to the people. Becent decisions of the Supreme Court of the United States: Claflin V. Houseman, assignee, 93 U. S., 130; Inman Steamship Company V. Tinker, 94 U. S., 238; United States v. Fox, 94 U. thfc'o'urt "'''""' "^ ^■' ^^^' Tennessee v. Davis, 100 U. S., 257; Spies v. Illinois, 123 U. S., 131; Pollock v. Farmers' Loan & Trust Co. (Income Tax case), 157 U. S., 429; Forsyth d. Hammond, 166 /U. S., 506; St. Anthony Falls Water Power Co. v. St. Paul Water Commis- sioners, 168 U. S., 349; Missouri, Kansas & Texas Railway Co. v. Haber, 169 U. S., 613; Hancock Mutual Life Ins.. Co. v. Warren, 181 U. S., 73; Kansas v. Colorado, 185 U. S., 125; Andrews v. Andrews, 188 U. S., 14; Northern Securities Co. v. United States, 193 U. S., 197; Turner v. WiP liams, 194 U. S., 279; McCray v. United States, 195 U. S., 27; Central of Geoi^a Ry. Co. v. Murphey, 196 U. S., 194; Matter of Heff (Indian), 197 U. S., 488; South Carolina v. United States, 199 U. S., 437; Jack v. Kansas, 199 U. S., 372; Hodges v. United States, 203 U. S., 1; Kansas v. Colorado, 206 U. S., 46; Prentis v. Atlantic Coast Line, 211 U- S., 210; Keller v. [76] CONSTITUTION OF THE UNITED STATES. §§ 260,261. United States, 213 U. S., 138; Adams Express Co. v. Kentucky, 214 U. S., 218; Western Union Telegraph Co. v. Chiles, 214 U. S., 274; Holmgren V. United States, 217 U. S., 509. ARTICLE XL" The Judicial power of the United States shall not § 260. Extent of the be construed to extend to any suit in Judicial power. ^aw ov equity, commenced or prosecuted against one of the United States by Citizens of an- other State, or by Citizens or Subjects of any Foreign State. Decisions of the Supreme Court of the United States: State of Georgia v. Brailsford et al., 2 DalL, 402; thfcourt.^ ^"'"^ Chisholm, ex., v. State of Georgia, 2 Ball., 419; Hol- lingsworth et al. v. Virginia, 3 Dall., 378; Cohen v. Vir- ginia, 6 Wh., 264; Osborn v. United States Bank, 9 Wh., 738; United States V. The Planters' Bank, 9 Wh., 904; the Governor of Georgia v. Juan Madrazo, 1 Pet., 110; Cherokee Nation v. State of Georgia, 5 Pet., 1; Briscoe v. The Bank of the Commonwealth of Kentucky, 11 Pet, 257; Curran v. State of Arkansas et al., 15 How., 304; Louisiana v. Jumel, 107 U. S., 711; New Hampshire v. Louisiana, 108 U. S., 76; Clark v. Barnard, 108 U. S., 436; Cunningham v. Macon & Brunswick Raihoad, 109 U. S., 446; Poindexter V. Greenlow, 114 U. S., 270; Allen, auditor, et al. v. Baltimore & Ohio R. R. Co., 114 U. S., 311; Hagood i;.-Southem, 117 U. S., 52; Ralston v. Missouri Fund Commissioners, 120 U. S., 390; In re Ayers, 123 U. S., 443; Lincoln County V. Luning, 133 U. S., 529; Christian v. Atlantic & North Carolina R. R. Co., 133 U. S., 233; Hans v. Louisiana, 134 U. S., 1; North Carolina V. Temple, 134 U. S., 22; New York Guaranty Co. v. Steele, 134 U. S., 230; Virgiuia Coupon Cases, 135 U. S., 662; Pennoyer v. McConnaughy, 140 U. S., 1; United States v. Texas, 143 U. S., 621; In re Tyler, 149 U. S., 164; Reagan v. Farmers' Loan & Trust Co., 154 U. S., 362; Scott v. Donald, 165 <» The eleventh amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Third Congress on the 5th of September, 1794; and was declared in a message from the Presi- dent to Congress dated the 8th of January, 1798, to have been ratified by the legislatures of three-fourths of the States. , [77] CONSTITUTION OF THE UNITED STATES. §§ 262. U. S., 58; Scott V. Donald, 165 U. S., 107; Tindal v. Wesley, 167 U. S., 204; Smyth V. Ames, 169 U. S., 466; Fitta v. McGhee, 172 U. S., 516; Louisiana V. Texas, 176 U. S., 1; Smith v. Reeves, 178 U. S., 436; Scranton v. Wheeler, 179 U. S., 141; Illinois Central Railroad Co. v. Adams, 180 U. S., 28; Prout V. Starr, 188 U. S., 537; South Dakota v. North Carolina, 192 U. S., 286; Chandler v. Dix, 194 U. S., 590; Jacobson v. Massachusetts, 197 U. S., 11; Graham v. Folsom, 200 U. S., 248; Gunter v. Atlantic Coast Line, 200 U. S., 273? McNaill v. Southern Railway Co., 202 IT. S., 543; Mississippi R. R. Commission v. Illinois Central R. R., 203 U. S., 335; Scully v. Bhd, 209 U. S., 481; Ex parte Young, 209 U. S., 123; Murray v. Wilson Distilling Co., 213 U. S., 151; Ludwig v. Western Union Telegraph Co., 216 U. S., 146; Western Union Telegraph Co. v. Andrews, 216 U. S., 165. ARTICLE XII." The Electors shall meet in their respective states, § 262. Meeting of and vote by ballot for President and the electors and Vice-President, one of whom, at least, transmission and ' ' ' count of their ghall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-Presi- dent, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and trans- mit sealed to the seat of the government of the United States, directed to the President of the Sen- ate; — ^The President of the Senate shall, in presence "■ The twelfth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Eighth Congress on the 12th of December, 1803, in Ueu of the original third paragraph of the firat section of the second article, and was declared in a proclamation of the Secretary of State, dated the 25th of September, 1804, to have been ratified by the legislatures of three-fourths of the States. [78] CONSTITUTION OF THE UNITED STATES. §§ 268. of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — * * * The electoral count occurs in the Hall of the House at 1 p. m. on the second Wednesday of February succeeding every meeting of electors (III, 1918). While a law prescribes in detail the procedure at the count, the two Houses by concurrent resolution provide for the meeting to count the vote, for the appointment of tellers, and for the declaration of the state of the vote (III, 1961). * * * The person having the greatest number § 263. Elections of of votes for President, shall be the President and rt ' • ^ i •<• i i i ••, Vice-President by President, it such number be a majority seLlT::!^ of the whole number of Electors ap- «**«'■ pointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members frorn two-thirds of the states, and a majority of aU the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other con- stitutional disability of the President. The person having the greatest number of votes as Vice-President, [79] CONSTITUTION OF THE UNITED STATES. § 264. shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Seriate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. The House of Representatives, in 1801 (III, 1983), chose a President under the following constitutional provision, which was superseded in 1803 by the twelfth amendment: "The electors shall meet ia their respective States, and vote by ballot . «... TK .. • for two Persons, of whom one at least shall not be an § 264. First provl- . ' ... slon for election In Inhabitant of the same State with themselves. And case of fallare of they shall make a List of all the Persons voted for, and electoral college (,f tjje Number of Votes for each; which List they shall to c oose. gjgj^ ^^^ certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest? Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two-thirds of the States, and a majority of all the States shall be neces- sary to a choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by ballot the Vice-President." [80] CONSTITUTION OF THE UNITED STATES. |§ 265-267. In 1825 the House elected a President under the twelfth amendment (III, 1985); and in 1837 the Senate elected a Vice-President (III, 1941). § 265. Decision of Decision of the Supreme Court of the United States: the court. In re Green, 134 U. S., 377. ARTICLE XIII. " Section 1. Neither slavery nor involuntary servi- § 266. Prohibition tudc, exccpt as a punishment for crime tavSr* whereof the party shall have been duly servitude. couvicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. Decisions of the Supreme Court of the United States: Dred Scott v. Sanford, 19 How., 393; White v. Hart, !to?e'«ourtf°°' ^2 "^^^1' ^^' Osbom v. Nicholson, 13 W^U., 654; Slaughter-house Cases, 16 Wall., 36; Ex parte Virginia, 100 U. S., 339; Civil Eights Case, 109 U. S., 3; Plessy v. Ferguson, 163 U. S., 537; Robertson v. Baldwin, 165 U. S., 275; Clyatt v. United States, 19V U. S., 207; Hodges v. U. S., 203 U. S., 1; Bailey v. Alabama, 211 U. S., 452. « The thirteenth amendment to the Constitution of the United Statev- was proposed to the legislatures of the several States by the Thirty-eighth Congress, on the 1st of February, 1865, and was declared, in a proclama- tion of the Secretary of State, dated the 18th of December, 1865, to have been ratified by the legislatures of twenty-seven of the thirty-six States, viz: Illinois, Rhode Island, Michigan, Maryland, New York, West Vir- ginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Ala- bama, North Carolina, and Georgia. 181] CONSTITUTION OF THE UNITED STATES. § 268. ARTICLE XIV." Section 1. All persons born or naturalized in the §268. citizenship; United States, and subject to the juris- r,uafproTottion dlctlon thefeof , are citizens of the United of citizens. States and of the State wherein they reside.^ No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;^ nor shall any State deprive any person of life, liberty, or property, o The fourteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-ninth Congi-ess, on the 16th of June, 1866. On the 21st of July, 1868, Congress adopted and transmitted to the Department of State a concurrent resolution declaring that " the legislatures of the States of Connecticut, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Ala- bama, South Carolina, and Louisiana, being three-fourths and more of the several States of the Union, have ratified the fourteenth article of amend- ment to the Constitution of the United States, duly proposed by two-thirds of each House of the Thirty-ninth Congress: Therefore Resolved, That said fourteenth article is hereby declared to be a part of the Constitution of the United States, and it shall be duly promulgated as such by the Secretary of State. ' ' The Secretary of State accordingly issued a proclamation, dated the 28th of July, 1868, declaring that the proposed fourteenth amendment had been ratified, in the manner hereafter mentioned, by the legislatures of thirty-six States, viz: Connecticut, June 30, 1866; New Hampshire, July 7, 1866; Tennessee, July 19, 1866; New Jersey, September 11, 1866 (and the legislature of the same State passed a resolution in April, 1868, to withdraw its consent to it); Oregon, September 19, 1866; Vermont, November 9, 1866; Georgia rejected it November 13, 1866; and ratified it July 21, 1868; North Carolina rejected it December 4, 1866, and ratified it July 4, 1868; South Carolina rejected it December 20, 1866, and ratified it July 9, 1868; New York ratified it January 10, 1867; Ohio ratified it January 11, 1867 (and the legislature of the same State passed a resolution in January, 1868, to with- draw its consent to it); Illinois ratified it January 15, 1867; West Virginia, [82] CONSTITUTION OP THE UNITED STATES. §§ 269,270. without due process of law; ^ nor deny to any per- son within its jurisdiction the equal protection of the laws.* Section 2. Representatives shall be apportioned amona; the several States according to 1 270. Apportion. ,, . ,. , j^- .^ ment of their respective. numbers, counting the representation. ii i_j! • icij-j. whole number of persons m each State, excluding Indians not taxed. But when the right to January 16, 1867; Kansas, January 18, 1867; Maine, January 19, 1867; Nevada, January 22, 1867; Missouri, Jajiuaiy 26, 1867; Indiana, January 29, 1867; Minnesota, February 1, 1867; Rhode Island, February 7, 1867; Wis- consin, February 13, 1867; Pennsylvania, February 13, 1867; Micbigan, February 15, 1867; Massachusetts, March 20, 1867; Nebraska, June 15, 1867; Iowa, April 3, 1868; Arkansas, April 6, 1868; Florida, June 9, 1868; Louisi- ana, July 9, 1868; and Alabama July 13, 1868; Georgia again ratified the amendment February 2, 1870. Texas rejected it November 1, 1866, and ratified February 18, 1870. Virginia rejected it January 19, 1867, and ratified October 8, 1869. The amendment was rejected by Kentucky January 10,' 1867; by Delaware February 8, 1867; by Maryland March 23, 1867, and was not afterwards ratified by either State. Recent decisions of the Supreme Court of the United States: sDevine v. Los Angeles, 202 U. S., 313; ■'Cox v. Texas, 202 U. S., 446; 5 National Council v. State Council, 203 U. S., 151; § 269. Decisions 3 4 g^ Mary's Petroleum Co. v. West Virginia, 203 U. S., of the court. ^^g^. 3 4 Northwestern Life Ins. Co. v. Riggs, 203 U. S., 243; 3 Atlantic Coast Line v. Florida, 203 U. S., "^Martin v. Pittsburg & Lake Erie R. R., 203 U. S., 284; ^ 'Western Turf Association v. Green- berg 204 U S , 359; 'Cosmopolitan Club v. Virginia, 208 U. S., 378; ^Hair- ston'i) Danville & Western Railway, 208 U. S., 598; ' Northern Pacific Railway v. Duluth, 208 U. S., 583; ' * Disconto Gesellschaft v. Umbreit, 208 U S 570- ■'Ughbanks v. Armstrong, 208 U. S., 481; = ■* Ughbanks v. Armstrong, 208 U. S., 481; " ^MuUer v. Oregon, 208 U. S., 412; ^Darnell & Son V Memphis, 208 U. S., 113; 'Thompson v. Kentucky, 209 U. S., 340; 'Central Railroad Co. v. Jersey City, 209 U. S., 473; 'Longyear v. Toolan, 209 U S 414; Hudson Water Co. v. McCarter, 209 U. S., 349; ' *Ex parte Young, 209 U. S., 123; 'Thompson v. Kentucky, 209 U. S., 340; ^Lang v. New Jersey, 209 U. S., 467; ' Londoner v. Denver, 210 U. S., 373; ' Delmar [83] CONSTITUTION OF THE UNITED STATES. § 270. vote at any election for the choice of electors for Presi- dent and Vice President of the United States, Repre- sentatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis Jockey Club d. -Missouri, 210 U. S., 324; 'Cleveland, Cincinnati, etc.. Railway Co. v. Porter, 210 U. S., 177; ^Paddelli). City of New York, 211 U. S., 446; 'Silz v. Hesterberg, 211 U. S., 31; ^ ^Home Telephone Co. v. Los Angeles, 211 U. S., 265; ' ^ McLean v. Arkansas, 211 U. S., 539; ' North American Cold Storage Co. v. Chicago, 211 U. S., 306; ' ^Lemieux v. Young, 211 U. S., 489; ' "Beers d. Glynn, 211 U. S., 477; 'Rusch v. John Duncan Co., 211 U. S., 526; ' Prentis v. Atlantic Coast Line, 211 U. S., 210; ^ ^ s-pwin- ing V. New Jersey, 211 U. S., 78; ' "Bailey v. Alabama, 211 U. S., 452; ' "Hammond Packing Co. v. Arkansas, 212 U. S., 322; 'Moyer v. Peabody, 212 U. S., 78; ^ Waters-Pierce Oil Co. v. Texas, 212 U. S., 86; ' Louisville & Nashville R. R. Co. v. Stock Yards Co., 212 U. S., 132; ' Ontario Land Co. V. Yordy, 212 U. S., 152; ' "Wilcox v. Consolidated Gas Co., 212 U. S., 19; 3 Bonner v. Gorman, 213 U. S., 86; 'Keerl D.Montana, 213 U. S., 135; '"Welch V. Swasey, 214 U. S., 91; 'Goodrich v. Ferris, 214 U. S., 71; 'St. Paul, Minnesota & Manitoba Ry. Co./i). Minnesota, 214 U. S., 497; 'Scott County Road Co. v. Hines, 215 U. S., 336; "Marbles v. Creecy, 215 U. S., 63; '"Western Union Telegraph Co. v. Kansas, 216 U. S., 1; 'Missouri Pacific Ry. v. Kansas, 216 U. S., 262; 'King v. West Virginia, 2i6 U. S., 92; 'Withnell v. Bush Construction Co., 216 U. S., 603; 'Laurel Hill Ceme- tery V. San Francisco, 216 U. S., 358; ' Board of Assessors v. New York Life Insurance Co., 216 U. S., 517; "Southern Ry. Co. v. Greene, 216 U. S., 400; "Brown-Forman Co. v. Kentucky, 217 U. S., 563; ' Grenada Lumber Co. v. Mississippi, 217 U. S., 433; 'Citizens' National Bank v. Kentucky, 217 U. S., 443; 'Missouri Pacific Ry. v. Nebraska, 217 U. S., 196; 'Boston Chamber of Commerce v. Boston, 217 U. S., 189; 'Fay v. Crozier, 217 U. S., 455; '"Kidd, Dater & Price Co. v. Musselmah Grocer Co., 217 U. S., 461; '"Southwestern Oil Co. v. Texas, 217 U. S., 114; "Standard Oil Co. v. Tennessee, 217 U. S., 413; "Williams v. Arkansas, 217 U. S., 79; "Inter- national Text-Book Co. v. Pigg, 217 U. S., 91. [84] CONSTITUTION OF THE UNITED STATES. §§ 2J1-2JS of representation therein shall be reduced in the pro- portion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Each ten years there has been a readjustment of representation (I, 301, 5 271. Law footnote). At present the membership of the House is governing the 391 as provided by the apportionment of 1903 (I, 302). establishment df While Congress by law apportions the number of Repre- dlstricts. sentatives to each State, the State legislatures establish the districts (I, 304). The apportionment act provides that the districts in a State shall be equal to the number of its Representatives, no one district electing more than one Representative (I, 303). But the House has always seated members elected at large in the States, although the law has required election by districts (I, 310, 519). The districts are required to be com- posed of contiguous and compact territory, and containing as nearly as practicable an equal number of inhabitants (I, 303). Questions have arisen from time to time when a vacancy has occurred soon after a change in dis- tricts, with the resulting question whether the vacancy should be iilled by election in the old or the new district (I, 311, 312, 327). The House has declined to interfere with the act of a State in changing the boundaries of a State after the apportionment has been made (I, 313). § 272. Decision Decision of the Supreme Court of the United of the court. „ . . States: McPherson v. Blacker, 146 U. S. Section 3. No person shall be a Senator or Repre- 1 278. Loyalty as sentative in Congress, or elector of Presi- LrCrir"' dent and Vice President, or hold any Beptesentatives. officc, civil or HiiUtary, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an offi- cer of the United States, or as a member of any State legislatm-e, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebel- lion against the same, or given aid or comfort to the [85] CONSTITUTION OF THE UNITED STATES. §§ 274,275. enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. CongresB has by law removed gejierally the disabilities arising from the 'under this section (1, 386, 393, 455, 456). Section 4. The validity of the public debt of the United States, authorized by law, in- the national debt, cluding debts iucuTred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation in- curred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipa- tion of any slave; but aU such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to en- force, by appropriate legislation, the provisions of this article. ARTICLE XV.« Section 1. The right of citizens of the United § 275. Suffrage States to vote shall not be denied or not to be abridged abridged by the United States or by for race, color, etc. dj. . <■ ■, any State on account of race, color, or previous condition of servitude. o The fifteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Fortieth Congress on the 27th of February, 1869, and was declared, in a proclamjition of the Secretary of State, dated March 80, 1870, to have been ratified by the legis- [86] CONSTITUTION OF THE UNITED STATES. § 276. Section 2. The Congress shall have power to en- force this article by appropriate legislation. United States v. Eeece et al., 92 U. §., 214; United States v. Cruikshank et al., 92 U. S., 542; Ex parte Yarbroiigh. 110 U. S., V. Waddell et al., 112 U. S., 76; McPherson v. Blacker, 146 U. S., 1; James v. Bowman, 190 U. S., 127; Hodges, v. United States, 203 U.S.,!. latures of twenty-nine of the thirty-seven States. The dates of these rati- fications (arranged in the order of their reception at the Department of State) were: From North Carolina, March 5, 1869; "West Virginia, March 3, 1869; Massachusetts, March 9-12, 1869; Wisconsin, March 9, 1869; Maine, March 12, 1869; Louisiana, March 5, 1869; Michigan, March 8, 1869; South Carolina, March 16, 1869; Pennsylvania, March 26, 1869; Arkansas, March 30, 1869; Connecticut, May 19, 1869; Florida, June 15, 1869; Illinois, March 5, 1869; Indiana, May 13-14, 1869; New York, March 17-April 14, 1869 (and the legislature of the same State passed a resolution January 5, 1870, ■ to withdraw its consent to it); New Hampshire, July 7, 1869; Nevada, March 1, 1869; Vermont, October 21, 1869; Virginia, October 8, 1869; Missouri, January 10, 1870; Mississippi, January 15-17, 1870; Ohio, January 27, 1870; Iowa, February 3, 1870; Kansas, January 18-19, 1870; Minnesota, February 19, 1870; Khode Island, January 18, 1870; Nebraska, February 17, 1870; Texas, February 18, 1870. The State of Georgia also ratified the amend- ment February 2, 1870. [87] JEFFERSON'S MANUAL. 69373°— 12 7 [89] fis 997 278 JEFFERSON'S MANUAL OF PARLIAMENTARY PRACTICE." SEC. I. IMPORTANCE OF ADHERING TO RULES. Mr. Onslow, the ablest among the Speakers of the § 277. Rales as Housc of Cominons, used to say, " It related to the • i i i i>j i i i priTiiesesof was 3, maxiHi he had oiten heard when minorities. ^^ ^^g ^ y^^^g ^^^^ f^.^^^ ^^^ ^^^ experienced Members, that nothing tended more to throw power into the hands of administration, and "Jefferson's Manual was prepared by Thomas Jefferson for his own guidance as President of the Senate in the years of his Vice-Presidency, from 1797 to 1801. In 1837 the House, by rule which still exists, provided that the provisions of the Manual should "govern the Hoiise in all cases to which they are applicable and in which they are not inconsistent with the standing rules and orders of the House." In 1880 the committee which revised the rules of the House declared in their report that the Manual, "compiled as it was for the use of the Senate exclusively and made up almost wholly of collations of English parliamentary practice and decisions, it was never especially valuable as an authority in the House of Repre- sentatives, even in its early history, and for many years past has been rarely quoted in the House'' (V, 6757). This statement, although sanctioned by high auth'ority, is extreme, for in certain parts of the Manual are to be found the foundations of some of the most important portions of the House's practice. § 278. The The Manual is regarded by English parliamentarians Manual as a as the best statement of what the law of Parliament statement of yfSiB at the time Jefferson wrote it. Jefferson himself parliamentary law. ^^^^^ ^ ^he preface of the work : ' ' I could not doubt the necessity of quoting the sources of my information, among which Mr. Hatsel's most valuable book is preeminent; but as he has only treated some general heads, I have been obliged to recur to other [91] jeffekson's manual. § 278. those who acted with the majority of the House of Commons, than a neglect of, or departure from, the rules of proceeding; that these forms, as instituted by our ancestors, operated as a check and control on tlie actions of the majority, and that they were, in many instances, a shelter and protection to the minority, against the attempts of power." So far the maxim is certainly true, and is founded in good sense, that as it is always in the power of the majority, by their numbers, to stop any improper measures proposed on the part of their opponents, the only weapons by which the minority can defend themselves against similar attempts from those in pbwer are the forms ^ I authorities in support of a number of common rules of practice, to which his plan did not descend. Sometimes each authority cited supports the whole passage. Sometimes it rests on all taken together. Sometimes the authority goes only to a part of the text, the residue being inferred from known rules and principles. For some of the most familiar forms no written authority is or can be quoted, no writer having supposed it necessary to repeat what all were presumed to know. The statement of these must rest on their notoriety. "I am aware that authorities can often be produced in opposition to the rules which I lay down as parliamentary. An attention to dates will generally remove their weight. The proceedings of Parliament in ancient times, and for a long while, were crude, multiform, and embarrassing. They have been, however, constantly advancing toward imiformity and accuracy, and have now attained a degree of aptitude to their object beyond which little is to be desired or expected. "Yet I am far from the presumption of believing that I may not have mistaken the parliamentary practice in some cases, and especially in those minor forms, which, being practiced daily, are supposed known to every- body, and therefore have not been committed to writing. Our resources in this quarter of the globe for obtaining information on that part of the subject are not perfect. But I have begun a sketch, which those who come after me will successively correct and fill up, till a code of rules shall [92] JEFFERSON'S MANUAL. §1 279,580. and rules of proceeding which have been adopted as they were found necessary, from time to time, and are become the law of the House, by a strict adherence to which the weaker party can only be protected from those irregularities and abuses which these forms were intended to check, and which the wantonness of power is but too often apt to suggest to large and successful majorities. 2 Hats., 171, 172. And whether these forms be in all cases the most § 280. Necessity of rational or not is really not of so great rales of action. importance. It is much more material that there should be a rule to go by than what that rule is; that there may be a uniformity of proceeding be formed for the use of the Senate, the effects of which may be accuracy in business, economy of time, order, uniformity, and impartiality." ,; Jefferson also says in his preface, as to the source most desirable at that time from which to draw principles of procedure: 5 279 Relations of "But to what system of rules is he to recur, as sup- the parliamentary plementary to those of the Senate? To this there can law to the early be but one answer: To the system of regulations adopted practice of fgj. ^j^g government of some one of the parliamentary Congress. bodies within these States, or of that which has served as a prototype to most of them. This last, is the model which we have all studied, while we are little acquainted with the modifications of it in oiu- several States. It is deposited, too, in publications possessed by many, and open to all. Its rules are probably as wisely constructed for governing the debates of a deliberative body, and obtaining its true sense, as any which can become known to lis; and the acquiescence of the Senate, hith- erto, imder the references to them, has given them the sanction of their approbation." In this edition those portions of the Manual which refer exclusively to Senate procediKe or which refer to English practice wholly inapplicable to the House of Representatives have been omitted. Paragraphs from the Constitution of the United States have also been omitted, as the Constitu- tion is printed entire in this volume. [93] jeffeeson's manual. § 281. in business not subject to the caprice of the Speakej- or captiousness of the members. It is very material that order, decency, and regularity be preserved in a dignified pubhc body. 2 Hats., 149. SEC. III. — PRIVILEGE. The privileges of members of Parliament, from small and obscure beginnings, have § 281. PrlvUeges . . • • , i of members of been advauciug tor centuries with a Parliament. ^ i • i i- <~ii • firm and never yielding pace. Claims seem to have been brought forward from time to time, and repeated, till some example of their admission enabled them to buUd law on that example. We can only, therefore, state the points of progression at which they now are. It is now acknowledged, 1st. That they are at all times exempted from question elsewhere, for anything said in their own House ; that during the time of privilege, 2d. Neither a member himself, his, order H. of C. 1663, July 16, wife, nor his servants (familiares sui), for any matter of their own, may be, Elsynge, 217; 1 Hats., 21; 1 Grey's Deh., 133, arrested on mesne process, in any civU suit : 3d. Nor be detained under execution, though levied before time of privilege: 4th. Nor impleaded, cited, or sub- poenaed in any court : 5th. Nor summoned as a witness or juror: 6th. Nor may their lands or goods be dis- trained : 7th. Nor their persons assaulted, or characters traduced. And the 'period of time covered by privi- [94] Jefferson's manual. § 382. lege, before and after the session, with the practice of short prorogations under the connivance of the Crown, amounts in fact to a perpetual protection against the course of justice. In one instance, indeed, it has been relaxed by the 10 G. 3, c. 50, which permits judiciary proceedings to go on against them. That these privileges must be continually progressive, seems to result from their rejecting all definition of them; the doctrine being, that "their dignity and independence are preserved by keeping their privileges indefinite; and that 'the maxims upon which they proceed, to- gether with the method of proceeding, rest entirely in their own breast, and are not defined and ascertained by any particular stated laws.' " 1 Blackst, 163, 164. It was probably from this view of the encroaching § 282. priTUege charactcr of privilege that the framers "CZ'Zlthe of our Constitution, in their care to constitntion. provido that the laws shall bind equally on all, and especially that those who make them shall not exempt themselves from their operation, have only privileged " Senators , and Representatives" themselves from the single act of " arrest in all cases except treason, felony, and breach of the peace, during their attendance at the session of their re- spective Houses, and in going to and returning from the same, and from being questioned in any other place for any speech or debate in either House." Const. U. S., AH. I, Sec. 6. Under the general [95] JEFFERSON'S MANUAL. S388. authority "to make all laws necessary and proper for carrying into execution the powers given them," Const. U. S., Art. II, Sec. 8, they may provide by law the details which may be necessary for giving full effect to the enjoyment of this privilege. No such law being as yet made, it seems to stand at present, on the following ground : 1. The act of arrest is void, ab initio. 2 Stra., 989. 2. The member arrested may be discharged on motion, 1 BL, 166; 2 Stra., 990; or by habeas corpus under the Federal or State author- ity, as the case may be; or by a writ of privilege out of the chancery, 2 Stra., 989, in those States which have adopted that part of the laws of England. Orders of the House of Commons, 1550, February 20. , 3. The arrest being unlawful, is a trespass for which the officer and others concerned are liable to action or indictment in the ordinary courts of justice, as in other cases of unauthorized arrest. 4. The court before which the process is returnable is bound to act as in other cases of unauthorized proceeding, and liable, also, as in other similar cases, to have their proceedings stayed or corrected by the superior courts. The time necessary for going to, and returning §288. Privuege ^^°^> Cougress, not being defined, it retJJnta^'' '"* will, of coursc, be judged of in every particular case by those who will have to decide the case. While privilege was understood in England to extend, as it does here, only to exemp- tion from arrest, eundo, morando, et redeundo, the [96] jeffeeson's manttal. H 284,286. House of Commons themselves decided that "a convenient time was to be imderstood." (1580,) 1 Hats., 99, 100. Nor is the law so strict in point of time as to require the party to set out immediately on his return, but allows him time to settle his private affairs, and to prepare for his journey; and does not even scan his road very nicely, nor forfeit his pro- tection for a little deviation from that which is most direct; some necessity perhaps constraining him to it. 2 Stra., 986, 987. This privilege from arrest, privileges, of course, 1 284. Privuege of ^gainst all process the disobedience to Members as related whlch is puuishablc bv au attachment to rights of conrts *•• » , summon witnesses of the persou; as a subpoena ad re- and Jurors. i Y j_ ^-n i spondendum, or testificandum, or a summons on a jury; and with reason, because a Member has superior duties to perform in another place. When a Representative is withdrawn from his seat by summons, the 40,000 people whom he represents lose their voice in debate and vote, as they do on his voluntary absence; when a Senator is withdrawn by summons, his State loses half its voice in debate and vote, as it does on his voluntary absence. The enormous disparity of evil admits no comparison. The House has decided that the summons of a court to Members to attend § 285. Attitude of ^"^^ testify constituted a breach of privilege, and the House as to directed them to disregard the mandate (III, 2661); demands of the but in another case wherein Members informed the **""*'• House that they had been summoned before the grand jury of the District of Columbia, the House authorized them to respond [97] Jefferson's manual. §§ 286, 287. (Ill, 2662). The House, however, has declined to make a general rule per- mitting Members to waive their privilege, preferring that the Member in each case should apply for permission (III, 2660). Also in maintenance of its privilege the House has refused to permit the Clerk to produce in court, in obedience to a summons, an original paper from the files, but gave the court facilities for making copies (III, 2664, 2666). No officer or employee, except by authority of the House, should produce before any court a paper from the files of the House, nor furnish a copy of any paper except by authority of the House or a statute (III, 2663). When eithier House desires the attendance of a Member of the other to f ^^^ evidence it is the practice to ask the House of one House as to which he is a Member that the Member have leave to demands of the other attend, and the use of a subpcena is of doubtful pro- for attendance or priety (III, 1794). But in one case, at least, the Senate P*''®''^' did not consider that its privilege forbade the House to summon one of its officers as a witness (III, 1798). But when the Secretary of the Senate was subpoenaed to appear before a committee of the House with certain papers from the files of the Senate, the Senate discussed the question of privilege before empowering him to attend (III, 2665). So far there will probably be no difference of 1287. Power of the opinlon as to the privileges of the two House to punish for Houses of Congress: but in the fol- contempts, . .... lowing cases it is otherwise. In Decem- ber, 1795, the House of Representatives committed two persons of the name of Randall and Whitney for attempting to corrupt the integrity of certain Members, which they considered as a contempt and breach of the privileges of the House; and the facts being proved, Whitney was detained in confinement a fortnight and Randall three weeks, and was repri- manded by the Speaker. In March, 1796, the House of Representatives voted a challenge given to a Member of their House to be a breach of the privi- leges of the House; but satisfactory apologies and [98] , Jefferson's manual. §§ 28S, 289. acknowledgments being made, no further proceed- ing was had. * * * The cases of Randall and Whitney (II, 1599-1603) were followed in 1818 by the case of John Anderson, a citizen, who for § 288. Decision of attempted bribery of a Member was arrested, tried, the court in , ^ , , , .„ ,^^ ^ , ' ' Anderson's case. ^^"- censiured by the House (II, 1606). Anderson appealed to the courts and this procedure finally resulted in a discussion by the Supreme Court of the Unitedf States of the right of the House to punish for contempts, and a decision that the House by implication has the power to punish, since "public functionaries .must be left at liberty to exercise the powers which the people have intrusted to them, ' ' and ' ' the interests and dignity of those who created them require the exertion of the powers indispensable to the attainment of the ends of their creation. Nor is a casual conflict with the rights of particular indi- viduals any reason to be lu-ged against the exercise of such powers " (II, 1607). In 1828 an assault on the President's secretary in the Capitol gave rise to a question of privilege which involved a discussion of the inherent power of the House to punish for'contempt (II, 1615). Again in 1832, when the House censured Samuel Houston, a citizen, for assault on a Member for words spoken in debate (II, 1616), there was a discussion by the House of the doctrine of inherent and implied power as opposed to the other doctrine that the House might exercise no authority not expressly conferred on it by the Constitution or the laws of the land (II, 1619). In 1865 the House arrested and censured a citizen for attempted intimidation and assault on a Member (II, 1625); in 1866, a citizen who had assaulted the clerk of a committee of the House in the Capitol was arrested by order of the House, but as there was not time to punish in the few remaining days of the session, the Sergeant-at-Arms was directed to turn the prisoner over to the civil authorities of the District of Columbia (II, 1629); and in 1870 one Woods, who had assaulted a Member on his way to the House, was arrested on war- rant of the Speaker, arraigned at the bar, and imprisoned for a term extend- ing beyond the adjournment of the session, although not beyond the term of the existing House (II, 1626-1628). In 1876 the arrest and imprisonment by the House of Hallet Kilbpvim, a contumacious witness, resulted in a decision by the § 289. Views of the Supreme Court of the United States that the House court In Kllboum's , . , . i j. ^ j. • had no general power to pumsn tor contempt, as in a case wherein it was proposing to coerce a witness in an inquiry not within the constitutional authority of the House. The Court also discussed the doctrine of inherent power to punish, saying in [99] JEFFERSON S MANUAL. S 290. conclu^ou, "We are of opinion that the right of the House of Representar tives to punish the citizen for a contempt of its authority on a breach of its privileges can derive no support from the precedents and practices of the two Houses of the English Parliament, nor from the adjudged cases iu which the English courts have upheld these practices. Nor, taking what has fallen from the English judges, and especJally the later cases on which we have just commented, is much aid given to the doctrine, that this power exists as one necessary to enable either House of Congress to exercise successfully their function of legislation. This latter proposition is one that we do not propose to decide in the present case, because we are able to decide it without passing upon the existence or nonexistence of such a power in aid of the legislative function (103 U. S., 189; II, 1611). In 1894, in the case of Chapman, another contumacious witness, the Supreme Court affirmed the undoubted right of either House of Congress to punish for contempt in cases to which its power properly extends under tiie ex- pressed terms of the Constitution (II, 1614) . The nature of the punishment which the House may inflict was discussed by the court in Anderson's case (II, 1607). * * * The editor of the Aurora having, in his §290. Jefferson's P^per of February 19, 1800, inserted statement of argu- gome paragraphs defamatory of the ments for Inherent ^ ,„.,,. . power to pnnisii for Senate, aud failed in his appearance, contempt. j^^ ^^^ Ordered to be committed. In debating the legality of this order, it was insisted, in support of it, that every man, by the law of nature, and every body of men, possesses the right of self-defense; .that all public functionaries are essentially invested with the powers of self-preser- vation; that they have an inherent right to do all acts necessary to keep themselves in a condition to discharge the trusts confided to them; that whenever authorities are given, the means of carrying them into execution are given by necessary impUcation; that thus we see the British Parliament exercise the [100] JEFFERSON S MANUAL. § 291. right of punishing contempts; all the State Legis- latures exercise the same power, and every court does the same; that, if we have it not, we sit at the mercy of every intruder who may enter our doors or gallery, and, by noise and tumult, render proceeding in business impracticable; that if our tranquillity is to be perpetually disturbed by newspaper defama- tion, it will not be possible to exercise our functions with the requisite coolness and deliberation; and that we must therefore have a power to punish these disturbers of our peace and proceedings. * * * * * * To this it was answered, that the Parlia- S291. statenientof "^^ut aud couxts of England have cog- argruments against nizauce of coutompts by the express the Inherent power . . j. , i • i j.i j. j.i Oj. j. to puniBh for con- provisioiis of theu law; that the btate **'"^"' ■ Legislatures have equal authority be- cause their powers are plenary; they represent their constituents completely, and possess all their powers, except such as their constitutions have expressly denied them; that the courts of the several States have the same powers by the laws of their States^ and those of the Federal Government by the same State laws adopted in each State, by a law of Congress ; that none of these bodies,' therefore, derive those powers from natural or necessary right,. but from express law; that Congress have no such natural or necessary power, nor any powers but such as are given them by the Constitution; that that has given them, directly, exemption from personal arrest, exemption [101] jefpekson's manual. 5 291. from question elsewhere for what is said in their House, and power over their own members and pro- ceedings; for these no further law is necessary, the Constitution being the law; that, moreover, by that article of the Constitution which authorizes them "to make all laws necessary and proper for carrying into execution the powers vested by the Constitution in them," they may provide by law for an undisturbed exercise of their functions, e. g., for the punishment of contempts, of affrays or tumult in their presence, &c. ; but, till the law be made, it does not exist ; and does not exist, from their own neglect ; that, in the meantime, however, they are not unprotected, the ordinary magistrates and courts of law being open and competent to punish all unjustifiable disturbances or defamations, and even their own sergeant,- who may appoint deputies ad libitum to aid him, 3 Grey, 59, lJf.7, 255, is equal to small disturbances; that in requiring a previous law, the Constitution had regard to the inviolability of the citizen, as well as of the Member; as, should one House, in the regular form of a bill, aim at too broad privileges, it may be checked by the other, and both by the President; and also as, the law being promulgated, the citizen will know how to avoid offense; But if one branch may assume its own privileges without control, if it may do it on the spur of the occasion, conceal the law in its own breast, and, after the fact committed, make its sen- tence both the law and the judgment on that fact; [102] Jefferson's manual. §§ 292, 298. if the offense is to be kept undefined and to be declared only ex re nata, and according to the passions of the moment, and there be no limitation either in the manner or measure of the punishment, the condition of the citizen will be perilous indeed. * * * * * * Which of these doctrines is to prevail, § 292. Jefferson's ^^^ ^^ decide. Where there is no 3mi*ht detae* ^®^ ^^^' *^® judgment on any partic- procedure In cases ular case is the law of that single case of contempt. ^^^^^ ^^^ ^.^^ ^.^^-^ .^ When a new and even a similar case arises, the judgment which is to make and at the same time apply the law, is open to question and consideration, as are all new laws. Perhaps Congress in the mean time, in their care for the safety of the citizen, as well as that for their own protection, may declare by law what is necessary and proper to enable them to carry into execution the powers vested in them, and thereby hang up a rule for the inspection of all, which may direct the conduct bf the citizen, and at the same time test the judg- ments they shall themselves pronounce in their own case. In 1837 the House declined to proceed with a bill "defining the offense of a contempt of this House, and to provide for the punishment thereof " (II, 1598). Privilege from arrest takes place by force of the «»o. c»*„ , election: and before a return be made § 298. Status or ' Member-elect as a Member elected may be named of a to privilege, oath, • , , ' i ■ j. j. j. committee service, Committee, and IS to every extent a **"■ Member except that he cannot vote until he is sworn. Memor., 107, 108. D'Ewes, 642, [103] Jefferson's manual. 5 294. col. 2; 643, col. 1. Pet. Miscel. Pari, 119. Lex. Pari, c. 23. 2 Hats., 22, 62. The Constitution of the United States limits the broad Parliamentary privilege to the time of attendance on sessions of Congress, and of going to and returning therefrom. In a case wherein a Member was imprisoned during a recess of Congress, he remained in confinement until the House, on assembling, liberated him (III, 26Y6). It is recognized in the practice of the House that a member may be named of a committee before he is sworn, and in some cases Members have not taken the oath until long afterwards (IV, 4483). In one case, wherein a Member did not appear to take the oath, the Speaker with the consent of the House appointed another Member to the committee place (IV, 4484). The status of a Member-elect under the Constitution undoubtedly differs greatly from the status of a Member-elect under the law of Parliament. In various inquiries by committees of the House this questipn has been exam- ined, with the conclusions that a Member-elect becomes a Member from the very beginning of the term to which he was elected (I, 500), that he is as much an officer of the Government before taking the oath as afterwards (I, 185), and that his status is distinguished from that of a Member who has qualified (1, 183, 184). Members-elect may resign or decline before taking the oath (II, 1230-1233, 1235), and in one case a Member elect was expelled (I, 476; II, 1262). The names of Members who have not been sworn are not entered on the roll from which the yeas and nays are called for entry on the Journal (V, 6048). Every man must, at his peril, take notice who are- § 294. Relations of members of either House returned of Members and others to privuege. record. Lcx. Pavl., 23; 4 Inst., 24- On complaint of a breach of privilege, the party may either be summoned, or sent for in custody of the sergeant. 1 Grey, 88, 95. The privilege of a Member is the privilege of the House. If the Member waive it without leave, it is a ground for punishing him, but cannot in effect waive the privilege of the House. 3 Grey, I40, 222. [104] Jefferson's manual. §§ 295, 29e. Although the privilege of Members of the House of Representatives is limited by the Constitution, these provisions of the Parliapientary law are applicable, and persons who have attempted to bribe Members (II, 1599, 1606), assault them for words spoken in debate (II, 1617, 1625) or interfere with them while on the way to attend the sessions of the House (II, 1626), have been arrested by order of the House by the Sergeant-at-Arms, "wher- ever to be found." The House has declined to make a general rule to permit Members to waive their privilege in certain cases, prefering to give or refuse permission in each individual case (III, 2860-2662). For any speech or debate in either House, they shall not be questioned in any other place. § 295. patiiamen- CoHst. U. S., I, 6; S. P. pvotest of the S^Mtiontag a" Commons to James 1, 1621; 2 Rapin, No. ^^7o^BvZu" 54 pp., 211, 212. But this is restrained or debate. to thlugs doue iu the House in a parlia- mentary course. 1 Rush, 663. For he is not to have privilege contra morem parliamenta- rium, to exceed the bounds and limits of his place and duty. Com. p. If an offense be committed by a member in the House, of which the House has cogni- thfcou'^' to °° "' zance, it is an infringement of their parliamentary right for any persou or court to take privilege. ° j r ■ notice of it till the House has punished the offender or referred him to a due course. Lex. Pari., 63. Privilege is in the power of the House, and is a restraint to the proceeding of inferior courts, but not of the House itself. 2 Nelson, A50; 2 Grey, 399. For whatever is spoken in the House is subject to the cen- sure of the House ; and offenses of this kind have been severely punished by calling the person to the bar 69373°— 12 8 [105] Jefferson's manual. 5§ 297, 298. to make submission, committing him to the tower, expeUing the House, &c. Scob., 72; L. Pari, c. 22. § 297. Breach of I* IS a bieach of order for the Speaker privuege to refuse ^^ refuse to put a Question which is in to put a question -"^ ^ which Is in order, order. 1 Hots., 176-6; 6 Grey, 133. Where the Clerk, preBiding during organization of the House, declined to put a question, a Member put the question from the floor (I, 67). And even in cases of treason, felony, and breach of the pieace, to which privilege does not § 298. Parllamen- -^ , j. • T» 1' tary law of privi- extend as to substauce, yet m rarua- ireLo;rfeCy!etc. «ient a member is privileged as to the mode of proceeding. The case is first to be laid before the House, that it may judge of the fact and of the grounds of the accusation, and how far forth the manner of the trial may concern their privilege; otherwise it would be in the power of other branches of the government, and even of every private man, under pretenses of treason, &c., to take any man from his service in the House, and so, as many, one after another, as would make the House what he pleaseth. Dec'l of the Com. on the King's declaring Sir John Hotham a traitor. 4 Biishw., 586. So, when a mem- ber stood indicted for felony, it was adjudged that he ought to remain of the House till conviction; for it maybe any man's case, who is guiltless, to be accused and indicted of felony, or the like crime. 23 El., 1680; D'Ewes, 283, col. 1; Lex. Pari., 133. Where Members of the House of Representatives have been arrested by the State authorities the cases have not been laid first before the House; but when the House has learned of the proceedings, it has investigated to [106] JEFFERSON 8 MANUAL. §§ 299-801. ascertain if the crime charged was actually within the exceptions of the Constitution (III, 2673), and in one case where it found a Member imprisoned for an offense not within the exceptions it released him by the hands of its own officer (III, 2676). The House has not usually taken action in the infrequent instances wherein Members have been indicted for felony, and § 299. PracMce as ^ ^^^ ^^ ^^^ instances Members under indictment or to Members Indicted , . , .... , . , , , or convicted. pending appeal on conviction, have been appointed to committees (IV, 4479). A Senator after indictment was omitted from committees at his own request (IV, 4479), and a Member who had been convicted in one case did not appear in the House during the Congress (IV, 4484, footnote). A Senator in one case withdrew from the Senate pending his trial (II, 1278), and on conviction resigned (II, 1282). In this case the Senate, after the conviction, took steps looking to action although an application for rehearing on appeal was pending (II, 1282). When it is found necessary for the pubUc service to put a Member under arrest, or when, § 300. Parllamen- '^ , ,. . . tary law as to arrest Qu any puohc inquiry, ma,tter comes of a Member. , i*i ,i ij nc i ii out which may lead to aliect the person of a member, it is the practice immediately to ac- quaint the House, that they may know the reasons for such a proceeding, and take such steps as they think proper. £ Hats., 259. Of which see many examples. lb., 266, 257, 268. But the communi- cation is subsequent to the arrest. 1 Blackst., 167. It is highly expedient, says Hatsel, for the due preservation of the privileges of the S 301. A breach of J^ c i i • i privuege for one Separate brauches oi the legislature. House to encroach ,,, . ,^ iii l ii. or Interfere as to that neither should encroach on the the other. other, or interfere in any matter de- pending before them, so as to preclude, or even influence, that freedom of debate which is essential to a free council. They are, therefore, not to take [107] Jefferson's manual. §§ 302, 303. notice of any bills or other matters depending, or of votes that have been given, or of speeches which have been held, by the members of either of the other branches of the legislature, until the same have been communicated to them in the usual parUamentary manner. 2 Hats., 252; 4 Inst., 15; Seld. Jud., 53. Thus the King's taking notice of the bill for sup- § 302. Relations of pressiug soldlers, depending before the treSmTntld House; his proposmg a provisional Ms Members. clause f or a bill before it was presented to him by the two Houses; his expressing displeasure against some persons for matters moved in Parlia- ment during the debate and preparation of a bill, were breaches of privilege; 2 Nalson, 7JiS; and in 1783, December 17, it was declared a breach of fundar mental privileges, &c., to report any opinion or pretended opinion of the King on any bill or pro- ceeding depending in either House of Parliament, with a view to influence the votes of the members. 2 Hats., 251, 6. *^ ^ «t ■t ^» ^g* ¥^ ^fm SEC. VI.— QUORUM. ***** In general the chair is not to be taken till a quorum § 808. Necessity of for buslucss is prescnt; unless, after due buZeZtaciT/ing waiting, such a quorum be despau-ed of, **''°''*- when the chair may be taken and the House adjourned. And whenever, during business, [108] Jefferson's manual. § 304. it is observed that a quorum is not present, any mem- ber may call for the House to be counted, and being found deficient, business is suspended. 2 Hats., 125, 126. In the House of Representatives the Speaker takes the Chair at the hour at which the House stood adjourned, the question of quorum not being considered unless raised (IV, 2733). According to the earlier and later practice of the House the presence of a quorum is necessary during debate and other business (IV, 2935-2949). SEC. VII. — CALL OF THE HOUSE. On the call of the House, each person rises up as he § 804. Pariiamen- ^^ Called, and auswcreth; the absentees tiry rules for call are theu oulv uoted, but no excuse to be of the House. '' ' made till the House be fully called over. Then the absentees are called a second time, and if still absent, excuses are to be heard. Ord. House (rf Commons, 92. They rise that their persons may be recognized; the voice, in such a crowd, being an insufficient verifica- tion of their presence. But in so small a body as the Senate of the-United States, the trouble of rising can- not be necessary. Orders for calls on different days may subsist at the same time. 2 Hats., 72. Rule XV, sections 2 and 4, of the House of Representatives provides for a procedure on call of the House. Members of the House do not rise on answering. Sp 5JS 5p Jp S|C [109] jeffeeson's manual. § 305. SEC. IX. — SPEAKER. ***** When but one person is proposed, and no objection made, it has not been usual in Parlia- IpTaken""""" "' ment to put any question to the House; but without a question the members proposing him conduct him to the chair. But if there be objection, or another proposed, a question is put by the Clerk. 2 Hats., 158. As are also ques- tions of adjournment. 6 Grey, 406. Where the House debated and exchanged messages and answers with the King for a week without a Speaker, till they were prorogued. They have done it de die in diem for fourteen days. 1 Chand., 331, 335. The Speaker of the House of Representatives was first chosen by ballot, but since 1839 has been chosen by viva voce vote on a roll call (1, 187, 211). The Clerk appoints tellers for this election (I, 217), but the House, and not the Clerk, decides by what method it shall elect (I, 210). The motion to proceed to the election of Speaker is privileged (I, 212, 214) and debat- able unless the previous question be ordered (I, 213). In 1860 the voting for Speaker proceeded slowly, being interspersed with debate (I, 223), and in one instance the House asked candidates for Speaker to state their views before proceeding to election (I, 218). In 1809 it was held that the Speaker should be elected by a majority of all present (I, 215), and in 1879 that he might be elected by a majority of those present, if a quorum, and that a majority of all the Members was not required (I, 216). In two instances the House chose a Speaker by plurality of votes, but confirmed the choice by majority vote (I, 221). On several occasions the choice of Speaker has been delayed for several weeks by contests (I, 222; V, 5356, 6647, 6649). [110] JEFFERSON S MANUAL. §§ 806,807. In the Senate, a President pro tempore, in the ab- 1 806. Election of ^ence of the Vice-President, is proposed President pro tern- and chosen bv ballot. His office is pore of the Senate. i ■ i i / • i understood to be determined on the Vice-President's appearing and taking the chair, or at the meeting of the Senate after the first recess. In the later practice the President pro tempore has usually been chosen by resolution. In 1876 the Senate determined that the tenure of office of a President pro tempore elected at one session does not expire at the meet- ing of Congress after the first recess, the Vice-President not having appeared to take the chair; that the death of the Vice-President does not have the effect to vacate the office of President pro tempore; and that the President pro tempore holds office at the pleasure of the Senate (II, 1417). Where the Speaker has been ill, other Speakers pro § 807. pariiamen- tempore havB been apointed. In- ta.7 law as to choice gtanccs of tMs are 1 H., 4. Sir John of Speaker pro ' ' tempore. Cheynoy, and Sir WUliam Sturton, and in 15 H., 6. Su- John Tyrrel, in 1656, January 27; 1658, March 9; 1659, January 13. Sir Job Charlton HI, Seymour chosen, 1673, February 18. Seymour being ill, Sir Robert Sawyer chosen, 1678, April 15. Sawyer being ill, Seymour chosen. Thorpe in execution, a new Spteaker chosen, 31 H. VI, 3 Grey, 11; and March 14, 1694, Sir John Trevor chosen. There have been no later instances. 2 Hats., 161; 4 Inst, 8; L. Pari, 263. The House of Representatives, by Rule I, § 7, has provided for appoint- ment and election of Speakers pro tempore. [Ill] Not merely pro ■tempore. 1 Chand-., 169, 276, 277. JEFFERSON'S MANUAL. §§ 808,309. A Speaker may be removed at the will of the § 808. EemoTai of HousB, aiid a Speaker pro tempore ap- the Speaker. pointed. 2 Grey, 186; 5 Grey, 134. The House of Representatives has never removed a Speaker; but it has on several occasions removed or suspended other officers, as Clerk and Doorkeeper (I, 287-290, 292; II, 1417), who are officers classed by the Constitution in the phrase "the House of Representatives shall choose their Speaker and other officers." A resolution for the removal of an officer is presented as a matter of privilege (I, 284-286). SEC. X. ADDRESS. A joint address of both Houses of Parliament is read § 809. Addresses by the Speaker of the House of Lords, to the President. j^ jj^g^y j^g attended by both Houses in a body, or by a Committee from each House, or by the two Speakers only. An address of the House of Com- mons only may be presented by the whole House, or by the Speaker, 9 Grey, 473; 1 Chandkr, 298, 301; or by such particular members as are of the privy coun- cil. 2 Hats., 278. In the first years of Congress the President annually delivered an address to the two Houses in joint meeting, and the House of Representatives then prepared an address, which the Speaker, attended by the House, carried to the President. A joint rule of 1789 also provided for the presentation of joint addresses of the two Houses to the President (V, 6630). In 1801 Presi- dent Jefferson abandoned the custom of addressing the two Houses and sent instead ' ' a message in writing. ' ' Since 1801 the annual message has always been sent in writing (V, 6629).- In 1876 the joint rules of the House were abrogated, that providing for the joint address included (V, 6782-6787), but the practice of addresses to the President ceased in 1801. [112] JEFFERSON S MANUAL. §§ 810-S12. SEC. XI. — COMMITTEES. Standing committees, as of Privileges and Elec-- §810. Appoint- tions, &c., are usually appointed at the ment of standing n j_ i ' i i • it iii committees; and nrst meeting, to contiuue through the SofTha'i^en sessiou. The pcrsou first named is thereof. generally permitted to act as chairman. But this is a matter of courtesy; every committee having a right to elect their own chairman, who pre- sides over them, puts questions, and reports their pro- ceedings to the House. 4 Inst, 11, 12; Scob., 9; 1 Grey, 122. Tke House of Representatives, by Rule X, provides for the election by the House of committees and their respective chairmen. In the latest practice they continue through the Oongteas (IV, 4448). The House by Rule X, § 3, provides for the selection of chairman, and the practice indi- cates that the rule contemplates a selection of chairman by the members of the committee if they may desire to exercise the authority (IV, 4513, 4524-4530). A cotosQittee may order its report to be made by the chair- man, or by some other member (IV, 4669), even by a member of the minor- ity party (IV, 4672, 4673); and the chairman sometimes submits a report in which he has not concurred (IV, 4670). At these committees the members are to speak Pariia- Standing, and not sitting; though there mentary law as to ig reasou to coujecture it was formerly an/seieet' '" ^ othcrwisB. D'EwBS, 630, col. 1; 4 Pari. committees. ^^^^^ j^j^q. ^ jj^^^^ ^^ Their proceedings are not to be published, as they are of no force till confirmed by the $ 812. Seciecy of ,-.7 ^ 7 ^ Vu / ^ committee House, Rushw., part 3, vol. 2, 74; 3 procednre. ^^^^ ^^^ . ^^^^^ ^^ ^ ^ ^ In the House of Representatives it is entirely withiu rule and usage for a committee to conduct its proceedings in secret (IV, 4558-4564), and the [113] jeffebson's manual. §§ 313-315. House itself may not abrogate the secrecy of a committee's proceedings except by suspending tbe rule (IV, 4565) . In one case the House authorized • the clerk of a committee to disclose by deposition its proceedings (III, 2604). Where a committee takes testimony it is sometimes very desirable that the proceedings be secret (III, 1694), as in the investigation in the Bank of the United States in 1834, when the committee determined that its pro- ceedings should be confidential, not to be attended by any person not invited or required (III, 1732). It is for the committee to determine, in its discretion, whether the proceedings of the committee shall be open or not. Thus, in the case of Roberts, the committee permitted its meetings to be attended by the public, and allowed its proceedings to be published (I, 475, footnote) * * * Nor can they receive a pe- § 818. Reception .. ,;: /,>-» of petitions by titioii Dut through the House. 9 Grey, committees. . , ^ ffl/i. When a committee is charged with a inquiry, if a 1 814. Pariia- Member prove to be involved, they can procTdMeThen a ^ot proceed against him, but must make ta^oTv^s'a'"*"'^ a special report to the House; where- Member. upou the Member is heard in his place, or at the bar, or a special authority is given to the committee to inquire concerning him. 9 Grey, 523. While the authority of this principle has not been questioned by the s SIR p tic House, there have in special instances been deviations of House when a bam. it. Thus, in 1832, when a Member had been slain committee Inquiry in a duel, and the fact was notorious that all the princi- involves a p^jg, a^^ seconds were Members of the House, the com- *"' *'' mittee, charged only with investigating the causes and whether or not there had been a breach of privilege, reported with their findings recommendations for expulsion and censure of the Members found to be implicated. There was criticism of this method of procedure as deviating from the rule of Jefferson's Manual, but the House did not recom- mit the report (II, 1644). In 1857, when a committee charged with inquir- ing into accusations against Members not named found certain Members implicated, they gave them copies of the testimony and opportunities to explain to the committee, under oath or otherwise, as they individually might prefer (III, 1845), but reported recommendations for expulsion with- [114] Jefferson's manual. §§ 8ie-S18. out first seeking the order of the House (II, 1275; III, 1844). In 1859 and 1892 a similar procedure occurred (III, 1831, 2637). But the House, in a case wherein an inquiry had incidentally involved a Member, evidently considered the parliamentary law as applicable, since it admitted as of privilege and agreed to a resolution directing the committee to report the charges (III, 1843). And in cases wherein testimony taken before a joint committee incidentally impeached the official characters of a Member and a Senator, the facts in each case were reported to the House interested (III, 1854). And where one House, by its committee, has found a Member of the § 816. Inquiries other implicated, the testimony has been transmitted Involving (II, 1276 ; III, 1850, 1852, 1853 ) . Where such testimony Members of ^as taken in open session of the committee, it was not er House. thought necessary that it be under seal when sent to the other House (III, 1851). So soon as the House sits, and a committee is noti- § 817. Duty of fied of it, the chairman is in duty bound coHwrwhen to rise instantly, and the members to the House sits. attend the service of the House. 2 Nals., 319. No committee of the House, except the Committee on Rules, may, with- out special leave, sit during the sitting of the House (Rule XI, § 62). Leave for a committee to sit during sessions of the House does not release its mem- bers from liability to arrest during a call of the House (IV, 3020) . A request that a committee have leave to sit during sessions of the House has no privi- leged status in the order of business, and may be prevented by a single objection (IV, 4547). It appears that on joint committees of the Lords § 818. Action of ^ud Commous each committee acted Joint committees. integrally in the following instances: 7 Grey, 261, 278, 285, 338; 1 Chandler, 357, 462. In the following instances it does not appear whether they did or not: 6 Grey, 129; 7 Grey, 213, 229, 321. It is the practice in Congress that joint committees shall vote per capita, and not as representatives of the twO Houses (IV, 4425), although the mem- bership from the House of Representatives is usually, but not always (IV, [115] Jefferson's manual. § 319. 4410), larger than that from the Senate (III, 1946; IV, 4426-4431). But ordinary committees of conference appointed to settle differences between the two Houses are not considered joint committees, and the managers of the two Houses vote separately (V, 6336). A quorum of a joint coromittee seems to have been considered to be a majority of the whole number rather than a majority of the membership of each House (IV, 4424) . The firat named of the Senate members acted as chairman in one notable instance (IV, 4424), and in another the joint committee elected its chairman (IV, 4447). SEC. XII. COMMITTEE OF THE WHOLE. The speech, messages, and other matters of great I S19. pariia- concemmeiit are usually referred to a rcommrtttfor Committee of the Whole House {6 Grey, the Whole. Sll), where general principles are di- gested in the form of resolutions, which are debated and amended till they get into a shape which meets the approbation of a majority. These being reported and confirmed by the House are then referred to one or more select committees, according as the subject divides itself into one or more bills. Scoh., 36, 4^. Propositions for any charge on the people are espe- cially to be first made in a Committee of the Whole. 3 Hats., 127. The sense of the whole is better taken in committee, because in all committees everyone speaks as often as he pleases. Scdb., 49. * * * This provision is largely obsolete, the House of Representatives having by its rules and practice provided specifically for procedure in Committee of the Whole, and having also by its rules for the order of business left no privileged status for motions to go into Committee of the Whole on matters not already referred to that committee. The Committee of the Whole no longer originates resolutions or bills, but receives such as have been formu- lated by standing or select committees and referred to it; and when it reports, the House usually acts at once on the report without reference to select or other committees (IV, 4705). The only survival of the parlia- [116] JEFFERSON'S MANUAL. §§ 820-822. mentary usage is the practice of referring annual messages of the President to Committee of the Whole, to be there considered and reported, with recommendations for the reference of the various portions to the proper standing or select committees (V, 6621, 6622). * * * They generally acquiesce in the chairman § 820. Selection named by the Speaker; but, as well of chairman of n j.i_ 'j.^ i • ^ i Committee of the as all Other committees, have a right ^'"** to elect one, some member, by consent, putting the question. Scoh., 86; 3 Grey,.301. * * * The House of Representatives (by Rule XXIII, § 1) gives the authority to appoint the Chairmen of the Committee of the Whole to the Speaker (IV, 4704). * * * The form of going from the House into 1 821. Form of committee, is for the Speaker, on Commute" of the Hiotion, to put the question that the Whole. House do now resolve itself into a Committee of the Whole to take into consideration such a matter, naming it. If determined in the aflfirmative, he leaves the chair and takes a seat elsewhere, as any other Member; and the person appointed chairman seats himself at the Clerk's table. Scob., 36. * * * This is the form in the House of Representatives, except that the Chair- man of the Committee of the Whole seats himself in the Speaker's chair. * * * Their quorum is the same as that of the House; and if a .defect happens, the § 822. Qnonim In . ' . ^^ ' . Committee of the chairman, on a motion and question, ^"'*"** rises, the Speaker resumes the chair and the chairman can make no other report than to inform the House of the cause of their dissolu- tion. * * * [117] Jefferson's manual. §§ 8SS,S24. Until 1890 the quorum of the Committee of the Whole of the House of Representatives was the same as the quorum of the House; but in 1890 the rule (XXIII, § 2) fixed it at one hundred (IV, 2966). The same rule provides specifically the procedure in case of failure of a quorum. * * * If a message is announced during a § 828. Eisinff of committee, the Speaker takes the chair llZ"'amoT ^^^ receives it, because the committee messages. Can uot. 2 Hats., 12G, 126. In the House of Representatives the committee rises informally to receive a message, without question being put (IV, 4786, footnote); but at this rising the House may not have the message read or transact other business except by unanimous consent (IV, 4787-1791). In a Committee of the Whole, the tellers on a divi- § 824, Quarrels sion differing as to numbers, great heats tte*'w"oie,''alf ^ud confusion arose, and danger of ^ de- s°!lkCT*ta cision by the sword. The Speaker took relation thereto. the chair, the mace was forcibly laid on the table; whereupon the Members retiring to their places, the Speaker told the House " he had taken the chair without an order to bring the House into order." Some excepted against it; but it was generally ap- proved as' the only expedient to suppress the disorder. And every Member was required, standing up in his place, to engage that he would proceed no further in consequence of what had happened in the grand com- mittee, which was done. 3 Greyj 128. In the House of Representatives the Speaker has on several occasions taken the chair." without an order to bring the House into order " {ll\ 1648- 1653), but that being accomplished he may yield to the chairman that, the committee may rise in due form (II, 1349). In one instance, a Member having defied and insulted the chairman, he left the chair, and, on the chair being taken by the Speaker, reported the facts to the House (11^: 1653). In Beveral cases Members who have quarrelled have made explanation and [118] Jefferson's manual. §§ 825,326. reconciled their diflBculties (II, 1651), or have been compelled by the House to apologize "for violating its privileges and offending its dignity" (11,1648,1650). In the House of Bejiresentatives one-fifth of a quorum orders tellers. A Committee of the Whole being broken up in 1 825. Effect of disopder, and the chair resumed by the breaking up of Speaker without an drder, the House Committee of the Whole by was adjourned. The next day the committee was considered as thereby dissolved, and the subject again before the House; and it was decided in the House, without returning into committee. 3 Grey, 130. This provision is obsolete, since in the practice of the House of Repre- sentatives there are but two committees of the whole, which are in their nature standing committees, with calendars of business. They are never dissolved, and bills remain on their calendars until reported in the regular manner after consideration (IV, 4705). When the Speaker restores order he usually yields the chair to the chairman, thus permitting the committee later to rise in due form (II, 1349). No previous question can be put in a committee; §826. Motions uor Can this committee adjourn as qnesttonTndto others may; but if their business is taco^ittorof unfinished, they rise, on a question, the Whole. the House is resumed, and the chairman reports that the Conimittee of the Whole have, according to order, had under their consideration such a matter, and have made progress therein; but not having had time to go through the same, have dh-ected him to ask leave to sit again. Whereupon a question is put on their having leave, and on the time the House will again resolve itself into a com- [119] Jefferson's mastuai.. §§ 827,328. mittee. Scoh., 38. But if they have gone through the matter referred to them, a member moves that ,,„„ „ ,. the committee may rise, and the chair- § 827. Parlla- _ "^ ' mentaryuwas man report their proceedmgs to the to reports from i • i i ■ i i j.1. T_ • Committee of the House; which bemg resolved, the cnair- ™°'*" man rises, the Speaker resumes the chair, the chairman informs him that the committee have gone through the business referred to them, and that he is ready to make report when the House shall think proper to receive it. If the House have time to receive it, there is usually a cry of "now, now," whereupon he makes the report; but if it be late, the cry is "to-morrow, to-morrow," or "Monday," etc., or a motion is made to that effect, and a question put that it be received to-morrow, &c. Scoh., 38. In the practice of the House the previous question and motion to adjourn are not admitted in Committee of the Whole ; but the rules (XXIII, § § 5, 6) provide for closing both the general and five-minute debate. When the committee rises without concluding a matter the chairman reports that they "have come to no resolution thereon;" but leave to sit again is not asked in the modern practice. Nor is permission of the House asked when the chairman reports a matter concluded in committee. The report is made and received as a matter of course, and is thereupon before the House for action. The Speaker recognizes only reports from the Committee of the Whole § 828. Duties of made by the chairman thereof (V, 6987), and a matter Speaker and Honse alleged to have arisen therein but not reported may as to reception of not be brought to the attention of the House, even on reports of Com- ^j^^ ^^^ that a question of privilege is involved mittee of the whole. ^mn\ t ■ , (IV, 4912). In one instance, however, the committee reported with a bill a resolution relating to an alleged breach of privilege (V, 6986). When a bill is reported the Speaker must assume that it has passed through all the stages necessary for the report (IV, 4916). When the committee reported not only what it had done but by whom it had been prevented from doing other things, the Speaker held that the House [120] JEFFERSON S MANUAL. §§ 329,330. might not amend the report, which stood (IV, 4909). But a committee may not report a recommendation which, if carried into effect, would change a rule of the House (IV, 4907, 4908). When an amendment is reported by the committee it may not be withdrawn, and a question as to its validity is not considered by the Speaker (IV, 4900). When a committee directed by order of the House to consider certain bills, reported also certain other bills, the Speaker held that so much of the report as related to the latter bills could be received only by unanimous consent (IV, 4911). When a report is ruled out as in excess of the committee's power, the accompanying bill stands recommitted (IV, 4784, 4907). The Committee of the Whole, like any other committee, may amend a proposition either by an ordinary amendment or by § 829. Amendments ^ substitute amendment (IV, 4899), but these amend- to Committee of the ^ J ^ ^r. -TT t •jyjjojg^ ments must be reported to the House for action. Amendments rejected by the committee are not reported (IV, ,4877). Ordinarily all amendments must be disposed of before the committee may report (IV, 4752-4758); but sometimes a special order requires a report at a specified time, in which case pending amendments are reported (IV, 3225-3228) or not (IV, 4910) as the terms of the order may direct. The practice of the House, based originally on a rule (IV, 4904), requires amendments to be reported from the Committee of the Whole in their perfected forms, and this holds good even in the case of an amend- ment in the nature of a substitute, which may have been amended freely (IV, 4900-4903). If a Committee of the Whole amend a paragraph and subsequently strike out the paragraph as amended, the first amendment fails, and is not reported to the House or voted on (IV, 4898). All amendments to a biU reported from the Committee of the Whole stand on an equal footing and must be voted on by the § 880. Committee of jjougg (ly, 4871) in the order in which they are re- ment8tothe"House. ported, although they may be inconsistent, one with another (IV, 4881, 4882). Two amendments beiog reported as distinct were considered independently, although apparently one was a proviso attaching to the other (IV, 4905); and an entire and dis- tinct amendment may not be divided, but must be voted on by the House as a whole (IV, 4883-4892). It is a frequent practice for the House by upanimous consent, to act at once on all the amendments to a bill reported from the Committee of the Whole, but it is the right of any Member to demand a separate vote on any amendment (IV, 4893, 4894). When a bill is reported with amendments, it is in order to submit additional amend- ments, but the first question is on the committee amendments (IV, 4872- 4876); but the opportunity to debate or make additional amendments 69373°— 12 9 [121] Jefferson's manual. §§ SS1-8SS. depends on the will of the House as expressed on a motion for the previous question (IV, 4895). The fact that a proposition has been rejected by the Committee of the Whole does not prevent it from being offered as an amend- ment when the subject comes up in the House (IV, 4878-4880). A sub- stitute amendment may be offered to a bill reported from committee, and then the previous question may be ordered on the substitute, on all other amendments, and on the bill to final passage (V, 5472). An amendment iu the nature of a substitute reported from committee is treated like any other amendment (V, 5341). Where a series of bills are reported from Committee of the Whole, the House considers them in the order in which they are §381. BUlsfrom reported (IV, 4869, 4870). A proposition reported for Committee of the ^. i. j • j j * i j.- Whole in the Honse. 8'Ction has precedence over an indepenaent resolution on the same subject offered by a Member from the floor (V, 6986), and where a bill and a resolution relating to an allied breach of privilege were reported together the question was put first on the biU (V, 6986). A bill read in full and considered in Committee of the Whole (IV, 3409, 3410), or presumed to have been so read (IV, 4916), is not read in full again in the House when reported and acted on. The Chairman of the Committee of the Whole which reports a bill does not become entitled to prior recognition for debate in the House (II, 1453); but on an adverse report an opponent is recognized to make a motion for disposition of the bill (IV, 4897). The recommendation of the committee being before the House, the motion to carry out the recommendation is usually considered as pending without being offered from the fioor (IV, 4896), but when a bill was reported with a recommendation that it lie on the table, a question was raised as to whether or not this motion, which prevents debate, should be considered as pending (IV, 4897). A motion to discharge the Committee of the Whole from the consideration of a matter committed to it is not privileged as against § 882. Dlschaige of ^ demand for the regular order (IV, 4917). When the the Committee of the -^^ ■■,•■,-, , . , ,. . , .„ nrjj^jg^ committee is discharged from consideration of a bill the House, in lieu of the report of the chairman, accepts the minutes of the Clerk as evidence of amendments agreed to (IV, 4922). 1 888. Appucation III other thmgs the rules of proceed- c'ommttter^rti^ ^gs are to be the same as in the Whole. House. Scob., 39. The House of Representatives provides by rule (XXIII, § 8) that the rulea of proceeding in the House shall apply in Committee of the Whole 80 far as they may be applicable. [122] Jefferson's manual. §§ S84-S86. SEC. XIII. — EXAMINATION OF WITNESSES. Common fame is a good ground for the House to § 884. Common proceed by inquiry, and even to accusa- frta^es^t^^ion. *^on. Resolution House of Commons, 1 Car., 1, 1625; Rush, L. Pari, 115; Grey, 16-22, 92; 8 Grey, 21, 23, 27, 45. In the House of Representatives common fame has been held sufficient to justify procedure for inquiry (III, 2701), as in a case wherein it was stated on the authority of "common rumor" that a Member had been men- aced (III, 2678). The House also has voted to investigate with a view to impeachment on the basis of common fame, as in the cases of Judges Chase (III, 2342), Humphreys (III, 2385), and Durell (III, 2506). i885.Theproduc. Witnesses are not to be produced tion of witnesses at but where the House has previously an inquiry. instituted an inquiry, 2 Hats., 102, nor then are orders for their attendance given blank. 3 Grey, 51. In the House of Representatives witnesses are summoned in pursuance and by virtue of the authority conferred on a committee by the House to send for persons and papers (III, 1750). Even in cases wherein the rules (Rule XI, § 62) give to certain committees the authority to investigate without securing special permission, authority must be obtained before the production of testimony may be compelled (IV, 4316) . The rules require that subpoenas be signed by the Speaker (Rule I, §.4) and attested and sealed by the Clerk (Rule III, § 3). Sometimes the House authorizes issue of subpoenas during a recess of Congress and empowers the Speaker to sign them (III, 1806), and in one case the two Houses, by concurrent resolution, empowered the Vice-President and Speaker to sign during a recess (III, 1763). When any person is examined before a committee § 886. Examination or at the bar of the House, any Member Horr m"c„t. wishing to ask the person a question mittec. must address it to the Speaker or chair- man, who repeats the question to the person, or says [123] Jefferson's manual. § 3S7. to him, "You hear the question — answer it." But if the propriety of the question be objected to, the Speaker directs the witness, counsel, and parties to withdraw; for no question can be moved or put or debated while they are there. 2 Hois., 108. Some- times the questions are previously settled in writing before the witness enters. Ih., 106, 107; 8 Grey, 6J^. The questions asked must be entered in the journals. 3 Grey, 81 . But the testimony given in answer before the House is never written down; but before a com- mittee, it must be, for the information of the House, who are not present to hear it. 7 Grey, 62, 334. The Committee of the Whole of the House of Representatives was charged with an investigation in 1792, but the procedure was wholly exceptional (III, 1804), although a statute still empowers the Chairman of the Com- mittee of the Whole, as well as the Speaker, chairmen of 'select or standing committees, and Members to administer oaths to witnesses (III, 1769). Most inquiries, in the modem practice, are conducted by select or standing committees, and these in each case determine how they will conduct examinations (III, 1773, 1775). In one case a committee permitted a Mem- ber of the House not of the committee to examine a witness (III, 2403). Usually these investigations are reported stenographically, thus making the questions and answers of record for report to the House. The House, in its earlier years, arraigned and tried at its bar persons, not § 387. Earlier and Members, charged with violation of its privil^es, as later practice as to in the cases of Randall, Whitney (II, 1599-1603), Ander- inqnlries at the bar son (II, 1606), and Houston (II, 1616); but in the case of the House. ^j Woods, charged with breach of privilege in 1870 (II, 1626-1628), the respondent was arraigned before the House, but was heard in his defense by counsel and witnesses before a standing committee. At the conclusion of that investigation the respondent was brought to the bar of the House while the House voted his punishment (II, 1628). The House also arraigns at its bar contumacious witnesses before taking steps to punish by its own action or through the courts (III, 1685). In examina- tions at its bar the House has adopted forms of procedure as to questions (II, 1633, 1768), providing that they be asked through the Speaker (II, [124] Jefferson's manual. §§ 838-340. 1602, 1606) or by a committee (II, 1617; III, 1668). And the questions to be asked have been drawn up by a committee, even when put by the Speaker (II, 1633). In the earlier practice the answer of a witness at the bar was not written down (IV, 2874); but in the later practice the answers appear in the Journal (III, 1668). The person at the bar withdraws while the House passes on an incidental question (II, 1633; III, 1768). If either House have occasion for the presence of a § 838. procnring pcrson in custody of the other, they ask nesrinTostody^f " ^he Other their leave that he may be the other House. brought up to them in custody. 3 Hats., 62. A Member, in his place, gives information to the § 889. Members as House of what he knows of any matter vritnesses. ^^^^^ hearing at the bar. Jour. H. of C, Jan. 22, 17U-5. At an examination at the bar of the House in 1795 both the written information given by Members and their verbal testimony were required to be under oath (II, 1602). In a case not of actual examination at the bar, .but wherein the House was deliberating on a proposition to order invratigation, it demanded by resolution that certain Members produce papers and information (III, 1726, 1811). Members often give testimony before committees of investigation, and in at least one case the Speaker haa thus appeared (III, 1776). But in a case wherein a committee sum- moned a Member to testify as to a statement made by him in debate he protested that it was an invasion of his constitutional privilege (III, 1777, 1778). In one instance the chairman of an investigating committee admin- istered the oath to himself and testified (III, 1821). The House, in an inqidry preliminary to an impeachment trial, gave leave to its managers to examine Members, and leave to its Members to attend for that purpose (lit, 2033). Either House may request, but not command, the § 840. Method of attendance of a Member of the other, obtataing testimony They are to make the request by of a Member of the >' ~\ J other House. message of the other House, and to express clearly the purpose of attendance, that no [125] Jefferson's manual, § 841. improper subject of examination may be tendered to him. The House then gives leave to the Member to attend, if he choose it; waiting first to know from the Member himseh whether he chooses to attend, till which they do not take the message into consid- eration. But when the peers are sitting as a court of criminal judicature, they may order attendance, unless where it be a case of impeachment by the Commons. There it is to be a request. 3 Hats., 17; 9 Grey, 306, Jfi6; 10 Grey^, 133. The House of Representatives and the Senate have observed this nde; but it does not appear that they have always made public ascertainment of the -willingness of the Member to attend (III, 1790, 1791). In one case the Senate laid aside pending business in order to comply with the request of the House (III, 1791). In several instances House committees, after their invitations to Senators to appear and testify had been disregarded, have issued subpoenas. In such cases the Senators have either disregarded the subpoenas, refused to obey them, or have appeared under protest (III, 1792, 1793). In one case, after a Senator had neglected to respond either to an invitation or a subpoena the Hoiwe requested of the Senate his attendance and the Senate disregarded the request (III, 1794). Where Senators have responded to invitations of House committees, their testimony has been taken without obtaining consent of the Senate (III, 1793, 1795, footnote). Counsel are to be heard only on private, not on 1 841. Admission of pubUc, biUs, End on such points of law Grey, 61. In 1804 the House admitted the counsel of certain corporations to address the House on pending matters of legislation (V, 7298), and in 1806 voted that a claimant might be heard at the bar (V, 7299); but in 1808, after considera- tion, the House by a large majority declined to follow again the precedent of 1804 (V, 7300) . In early years coimsel in election cases were heard at the bar at the discretion of the House (I, 657, 709, 757, 765); but in 1836, aft«r full discussion, the practice was abandoned (I, 660), and, with one excep- tion, in 1841 (I, 659), has not been revived, even for the case of a contestant [126] Jefferson's manual. 5 842. who could not speak the English language (I, 661). Counsel appear before committees in election cases, however. Where witnesses and others have been arraigned at the bar of the House for contempt, the House has usually- permitted counsel (II, 1601, 1616, 1667), sometimes under conditions (III, 1604, 1696); but in a few cases has declined the request (II, 1608; III, 1666, footnote). In inquiries before committees counsel are usually permitted to appear at the discretion of the committee; but at one time the House required all counsel or agents representing persons or corporations before committees to be registered with the Clerk (III, 1771). In investigations before committees counsel are admitted usually (III, 1741, 1846, 1847), sometimes even to assist a witness (III, 1772). In exami- nations preliminary to impeachment counsel are usually admitted (III, 1736, 2470^ 2516) unless in cases wherein such proceedings are ex parte. SEC. XIV. — AHEANGEMENT OF BUSINESS. The Speaker is not precisely bound to any rules as to what bills or other matter shall be of an order Of first taken up; but it is left to his own business. i . . . •■ . -, -r-r discretion, unless the House on a ques- tion decide to take up a particular subject. Hakew., 136. A settled order of business is, however, necessary for the government of the presiding person, and to restrain individual Members from calling up favorite measures, or matters under their special patronage, out of their just turn. It is useful also for directing the discretion of the House, when they are moved to take up a particular matter, to the prejudice of others, having priority of right to their attention in the general order of business. ^ ^ ^ ^ ^ In this way we do not waste our time in debating what shall be taken up. We do one thing at a time; [127] Jefferson's manual. § 848. follow up a subject while it is fresh, and till it is done with; clear the House of business gradatim as it is brought on, and prevent, to a certain degree, its inunense accumulation toward the close of the session. Jefferson gave as a part of his comment on the law of Parliament the order of biisiaess in the Senate in his time. Both in the House and Sen- ate the order of business has been changed to meet the needs of the times. The order of busiuess now followed in the House is established by Rule XXIV; and this rule, with the rules supplemental thereto, take away to a very large extent the discretion exercised by the Speaker imder the parliamentary law. In the House of Representatives before committees are appointed it is in order to offer a bill or resolution for consideration not previously con- sidered by a committee. (61st Cong., 1st sess.. Record, p. 1284, and 61st Cong., 1st sess., p. 3837.) After committees are appointed bills and reso- lutions not in order must be referred. — Speaker Clark, April 6, 1911 (62d Cong., 1st sess.). Arrangement, however, can only take hold of mat- § 848. Conditions ters in possession of the House. New Idn^U?' flatter may be moved at any tune business. wheu uo questlou is before the House. Such are original motions and reports on bills. Such are bills from the other House, which are received at all times, and receive their first reading as soon as the question then before the House is disposed of; and bills brought in on leave, which are read first when- ever presented. So messages from the other House respecting amendments to bills are taken up as soon as the -House is clear of a question, unless they re- quire to be printed, for better consideration. Orders of the day may be called for, even when another question is before the House. [128] jefpbbson's manual. II 844,815. In Jefferson's time the principles of this comment -would have applied to both House and Senate; but in the House the pressure of business has become so great that the order of business may be interrupted at the will of the majority only by certain specified matters (see annotations following ' Rule XXIV). For matters not thus specified, interruption of the order takes place only by unanimous consent. SEC. XV. — ORDEB. In Parliament, " instances make order," per Speaker . , Onslow. 2 Hats., lAl. But what is I 844. Precedent In . paruament and tte done Only by One Parliament, cannot be called custom of Parliament, by Prynne. 1 Grey, 62. In the House of Representatives the Clerk is required to note all ques- tions of order and the decisions thereon and print the record thereof as an appendix to the Journal (Rule III, § 3); and the Speaker feels constrained in his rulings to give precedent its proper influence (II, 1317), since the advantages of such a course are undeniable (IV, 4045). But decisions of the Speakers on questions of order are not like judgments of courts which conclude the rights of parties, but may be reexamined and reversed (IV, 4637). It is rare, however, that such a reversal occiub. SEC. XVI. — ORDER RESPECTING PAPERS. The Clerk is to let no journals, records, accounts, or papers be taken from the table or out of 1 845. Safe keeping f.-^ , /nrr ^ r\r, ^ r^ i of papers and his custody. 2 Hats., 193, 194. integrity Of bills. ^ Prynue, havlug at a Committee of the Whole amended a mistake in a biU without order or knowledge of the committee, was repri- manded. 1 Chand., 77. A bUl being missing, the House resolved that a pro- testation should be made and subscribed by the members "before Almighty God, and this honorable [129] OEPFEBSON S' MANUAL. |§ 846,347. House, that neither myself, nor any other to my knowledge, have taken away, or do at this present conceal a biU entitled," &c. 6 Grey, 202. After a bill is engrossed, it is put into the Speaker's hands, and he is not to let any one have it to look into. Town, col. 209. In the House of Representatives an alleged improper alteration of a bill was presented as a question of privilege and examined by a select com- mittee. It being ascertained that the alteration was made to correct a cler-. ical error, the committee reported that it was "highly censurable in any Member or officer of the House to make any change, even the most unim- portant, in any bill or resolution which has received the sanction of this body" (III, 2598). Engrossed bills do not go into the Speaker's hands. Enrolled bills go to him for signature. SEC. XVII. — ORDER IN DEBATE. § 846. Decoram of When tho Speaker is seated in his dtttagtaaSr chair, every member is to sit in his places. T^lsice. Scob., 6; Grey, JflS. In the House of Representatives the decorum of Members is regulated by the various sections of Rule XIV; and this provision of the parliamen- tary law is practically obsolete. When any Member means to speak, he is to stand § 347. Procedure up in his place, uncovered, and to ad- se'eS^r"""*" ^^^^ himself, not to the House, or any recognition. particular Member, but to the Speaker, who caUs him by his name, that the House may take notice who it is that speaks. Scab., 6; D'Ewes, 487, col. 1; 2 Hats., 77; 4 Grey, 66; 8 Grey, 108. But Members who are indisposed may be indulged to speak sitting. 2 Hats., 75, 77; 1 Grey, US. In the House of Representatives the Member, in seeking recognition, is governed by Rule XIV, § 1, which differs materially from this provision [130] JEFFEESON S MANUAL. §§ S18-850. of the parliamentary law. The Speaker, moreover, calls the Member, not by name, but as "the gentleman from ," naming the State. As long ago as 1832, at least, a Member was not required to rise from his own seat (V, 4979, footnote). § S48. Conditions When a Member stands up to speak, nnder irMch a . .. • , ^ , ■, T ■, • , ■, Member's right HO question IS to be put, but he is to be I^wettX* the heard unless the House overrule him. wiu of the Honse. ^ G^ey, 390; 6 Grey, 6, US. In the House of Representatives no question is put as to the right of a Member to the floor, unless he be called to order and dealt with by the House under Rule XIV, §§ 4, 5. If two or more rise to speak nearly together, the 1 849. The Speaker determines who was first up, parliamentary and calls him by name, whereupon he lAW IIS CO _ _ recognition by procceds, uuless he voluntarily sits peaker. (Jowu and gives way to the other. But sometimes the House does not acquiesce in the Speaker's decision, in which case the question is put, "which Member was first up?" £ Hats., 76; Scob., 7; D'Ewes, j34, col. 1, 2. In the Senate of the United States the President's decision is without appeal. In the House of Representatives recognitions by the Chair are governed by Rule XIV, § 2, and the practice thereunder. There has been no appeal from the Speaker's decision since 1881 (II, 1425-1428). No man may speak more than once on the same bill on the same day; or even on another \'!"ul^X' day, if the debate be adjourned. But be heard a second jf j^ ^^g j-ga^j more than ouce in the same time. , day, he may speak once at every reading. Co., 12, 116; Hdkew., I48; Scob., 68; 2 [131] jeffbeson's manual. § 851. Hats., 75. Even a change of opinion does not give a right to be heard a second time. Smyth's Comw. L., 2, c. 3; Arcan. Pari, 17. But he may be permitted to speak again to clear a matter of fact, 3 Grey, 357, 416; or merely to explain himself, £ Hats., 73, in some material part of his speech, lb., 75; or to the manner or words of thfe question, keeping himself to that only, and not trav- eling into the merits of it. Memorials in Hakew., 29; or to the orders of the House, if they be transgressed, keeping within that line, and not falling into the matter itself. Mem. Hakew., 30, 31. The House of Representatives has modified the parliamentary law as to a Member's right to speak a second time by Rule XIV, §§ 3, 6. But in practice the rule is not, ordinarily, enforced rigidly and Members find little difficulty in making explanations such as are contemplated by the par- liamentary law. But if the Speaker rise to speak, the Member standing up ought to sit down, that he § 851. Partlclpa- , n ^ m 7 tion of the Speaker may be itrst heard, lowrf,., col. 205; in debate. Hok. Pari., 133; Mem. in Hakew., SO, 31 . Nevertheless, though the Speaker may of right speak to matters of order, and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact. 3 Grey, 38. This provision is usually observed in the practice of the House, so far as the conduct of the Speaker in the chair is concerned. In several instances the Speaker has been permitted by the House to make a statement from the chair, as in a case -wherein his past conduct had been criticised (II, [132] Jefferson's manual. §§ 852,858. 1369), and in a case wherein there had been unusual occurrences in the joint meeting to count the electoral vote (II, 1372), and in a matter relating to a contest for the seat of the Speaker as a Member (II, 1360). In rare instances the Speaker has made brief explanations from the chair without asking the assent of the House (II, 1873, 1374). On occasions comparatively rare Speakers have called others to the chair and participated in debate, usually without asking consent of the House (II, 1360, 1367, footnote, 1368, 1371, 1950), and in one case a Speaker on the floor debated a point of order which the Speaker pro tempore was to decide (V, 6097). In rare instances Speakers have left the chair to make motions on the floor (II , 1367, footnote) . According to a former custom, now fallen into disuse, Speakers participated freely in debate in Committee of the Whole (II, 1367, footnote). No one is to speak impertinently or beside the §852. imperti- question, superfluous, or tediously, nent, snperflnons, Scob., 31, S3; 2 Httts., 166, 168; Hole or tedlons speaking. _ , Pari, 133. The House, by Rule XIV, § 1, provides that the Member shall address himself to the question under debate, but neither by rule nor practice has the House ever suppressed superfluous or tedious speaking, its hour rule (XIV, § 2) being a sufficient safeguard in this respect. No person is to use indecent language against the § 853. language procecdings of the House; no prior de- reflecting on the termination of which is to be reflected on by any Member, unless he means to conclude with a motion to rescind it. 2 Hats., 169, 110; Rushw., p. 3, v. l,fol. 4^. But while a proposi- tion under consideration is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the House. 9 Grey, 508. In the practice of the House of Representatives it lias been held out of order in debate to cast reflections on either the House or its membership or its decisions, whether present or past (V, 5132-5138). A Member who had used ofiensive words against the character of the House, and who declined to explain, was censured (II, 1247) . Words impeaching the loyalty [133] jeffebson's manual. §§ 351,355. of a portion of the membership have also been ruled out (V, 5139). Where a Member reiterated on the floor certain published charges against the House, action was taken, although other business had intervened, the question being considered one of privilege (III, 2637). It is not in order in debate to refer to the proceedings of a committee unless the committee have for- mally reported their proceedings to the House (V, 5080-5083). No person, in speaking, is to mention a Member then present by his name, but to de- §354. Personalities ., , . , , . • j • .i tt In debate sCTibe him by his seat in the Mouse, or forbidden. ^^^ ^^^^^ j^^^^ ^^ ^^ ^^^ ^^^^^ ^-^^ ^^ the question, &c., Mem. in Hakew., 3; Smyth's Comw., L. 2, c. 3; nor to digress from the matter to fall upon the person, Scob., 31; Hah Pari, 133; 2 Hats., 166, by speaking reviling, nipping, or unman- nerly words against a particular Member. Smyth's Comw., L. 2,c.S. * * * In the practice of the House a Member is not permitted to refer to another by name (V, 5144), or to address him in the second person (V, 5140-5143) instead of as "the gentleman from ," naming the State. By rule of the House (Rule XIV, § 1), as well as by the parliamentary law, person- alities are forbidden (V, 4979, 5145, 5163, 5169), whether against the Mem- ber in his capacity as Representative or otherwise (V, 5152, 5153). But a distinction has been drawn between charges made by one Member against another in a newspaper and the same made in debate on the floor (III, 2691). Questions have arisen sometimes involving a distinction between general language and personalities (V, 5153, 5163, 5169). A denunciation of the spirit in which a Member had spoken was held out of order as a personality (V, 6981). The House has censured a Member for gross personalities (II, 1251). Complaint of the conduct of the Speaker should be presented directly for the action of the House and not by way of debate ^M^' i"*"t!!'" oJi otlier matters (V, 5188). In a case wherem a Mem- ot til6 npcfliKCrs _ _ I'l' 11-111 1-r ber used words msultmg to the Speaker the House on a subsequent day, and after other business had intervened, censured the of- fender (II, 1248). In such a case the Speaker would ordinarily leave the chair while action should be taken by the House (II, 1366; V, 5188). [134] JEFFERSON S MANUAL. §§ 356,867. * * * The consequences of a measure may be §856. Motives of I'eprobated in strong terms; but to ar- Members not to raign the motives of those who propose be arraigned. , •, • t, , to advocate it is a personahty, and against order. Qui digreditur a materia ad personam, Mr. Speaker ought to suppress. Ord. Com., 1604, Ajyr. 19. The arraignment of the motives of Members is not permitted (V, 5147- 5151), and the Speakers have intervened to prevent it, in the earlier practice preventing even the mildest imputations (V, 5161, 5162). While in debate the assertion of one Member may be declared untrue by another, yet in so doing an intentional misrepresentation must not be implied (V, 5157-5160), •and if stated or implied is censurable (II, 1305) and presents a question of privilege (III, 2717). A Member in. debate having declared the words of another "a base lie," censure was inflicted by the House on the offender (II, 1249). No one is to disturb another in his speech by hissing, 5 857. Disorder coughiug, Spitting, 6 Grey, 332; Scoh., and interruptions g,' D'EwCS, 332, Col. 1, 6Jfi, COl. 2, Speak- dnrlng debate. . i.- • j. j.u c* j. /^ ing or whispering to another, Scoo. 6; D'Ewes, 487, col. 1; not stand up to interrupt him. Town., col. 205; Mem. in Hakew., 31; nor to pass be- tween the Speaker and the speaking Member, nor to go across the House, Scob., 6, or to walk up and down it, or to take books or papers from the table, or write there, 2 Hats., 171. The House of Representatives has by Rule XIV, § 7, prescribed certain rules of decorum differing somewhat from this provision of the parliamen- tary law, but supplemental to it rather than antagonistic. In one respect, howevei^ the practice of the House differs from the apparent intent of the parliamentary law. In the House a Member may interrupt by addressing the Chair for permission of the Member speaking (V, 5006); but it is entirely within the discretion of the Member occupying the floor to determine when and by whom he shall be interrupted (V, 5007, 5008). [135] Jefferson's manual. §§ 368-860. Nevertheless, if a Member finds that it is not the § 858. pariiamen- inclination of the House to hear him, tary method of ^^^^ ^.j^g^^ j^y convcrsation or any other silencm^ a tedious *^ ^"^ Member. , nolsc they endeavor to drown his voice, it is his most prudent way to submit to the pleasure of the House, and sit down; for it scarcely ever hap- pens that they are guilty of this piece of ill manners without sufficient reason, or inattention to a Mem- ber who says anything worth their hearing. 2 Hats., 77, 78. In the House of Representatives, where the previous question and hour rule of debate have been used for many years, the parliamentary method of suppressing a tedious Member has never been imported into the practice (V, 5445). If repeated calls do not produce order, the Speaker § 359. The ^^'^y ^^^^ ^y ^is name any Member obsti- pariiamentary nately persistlug iu irregularity; where- a disorderly upou the Housc may require the Mem- ber to withdraw. He is then to be heard in exculpation, and to withdraw. Then the Speaker states the offense committed; and the House considers the degree of punishment they will inflict. 2 Hats., 167, 7, 8, 172. The House of Representatives, in Rule XIV, §§ 4, 5, has made a provisron which supercedes this provision of the parliamentary law. For instances of assaults and affrays in the House § 360. Proceedings ^^ Commous, and the proceedings in cases of assaults thereou. See 1 Pet. Misc., 82: 3 Grey, ana affrays. ? ^ i?/ 128; 4 Grey, 328; 6 Grey, 382; 6 Grey, 254; 10 Grey, 8. Whenever warm words or an [136] Jefferson's manual. § 861. assault have passed between Members, the House, for the protection of their Members, requires them to declare in their places not to prosecute any quarrel, 3 Grey, 128, 293; 5 Grey, 280; or orders them to attend the Speaker, who is to accommodate their differences, and report to the House, 3 Grey, 419; and they are put under restraint if they refuse, or until they do. 9 Grey, 234, 312. In several instances assaults and affrays have occurred on the floor of the House of Representatives. Sometimes the House has allowed these affairs to pass without notice, the Members concerned making apologies either personally or through other J^pmbers (II, 1658-1662). In other cases the House has exacted apologies (II, 1646-1651, 1657), or required the offending Members to pledge themselves before the House to keep the peace (II, 1643). In case of an a^ravated assault by one Member on another on the portico of the Capitol for words spoken in debate, the House censured the assailant and three other Members who. had been present, armed, to prevent inter- ference (II, 1655, 1656). Assaults or affrays in Committee of the Whole are dealt with by the House (II, 1648-1651). Disorderly words are not to be noticed till the § 361. pariiamen- Member has finished his speech^ 5 Kl™" Grey, 366; 6 G^-ey, 60. Then the per- disorderiy words. gQ^ objecting to them, and desiring them to be taken Aowtl by the Clerk at the table, must repeat them. The Speaker then may direct the Clerk to take them down in his minutes; but if he thinks them not disorderly, he delays the direction. If the call becomes pretty general, he orders the Clerk to take them down, as stated by the objecting Member. They are then a part of his minutes, and when read to the offending Member, he may deny they were his words, and the House must then decide 69373°-12 10 [137] Jefferson's manual. § 862. by a question whether they are his words or not. Then the Member may justify them, or explain the sense in which he used them, or apologize. If the House is satisfied, no further proceeding is necessary. But if two Members still insist to take the sense of the House, the Member must withdraw before that ques- tion is stated, and then the sense of the House is to be taken. 2 Hats., 199; 4 Grey, 170; 6 Grey, 69. When any Member has spoken, or other business intervened, after offensive words spoken, they can not be taken notice of for censure. And this is for the common security of all, and to prevent mistakes which must happen if words are not taken down immediately. Formerly they might be taken down at any time the same day. 2 Hats., 196; Mem. in Hakew., 71; 3 Grey, 48; 9 Grey, 61 4. The House of Representatives has, by Rule XIV, §§ 4, 5, provided a method of procedure in cases of disorderly words. The House permits and requires them to be noticed as soon as uttered, and has not insisted that the offending Member withdraw while the House is deciding as to its course of action. Disorderly words spoken in a committee must be StS:":^ ^i"en down as in the House; but the and reported from committee cau ouly report them to the Committee of the . , Whole. House for ammadversion. 6 Grey, 4^- This provision of the parliamentary law has been applied to the Com- mittee of the Whole rather than to select or standing committees. The House has censirred a Member for disorderly words spoken in Committee of the Whole and reported therefrom (II, 1259). '[138] JEFFERSON'S MANUAL. §§ 863,361. In Parliament, to speak irreverently or seditiously against the King, is against order. 1 868. References In „ , , ~ ^ debate to the Smyth s Comw., L. 2, c. 8; 2 Hats., Execntlve. . »,^ This provision of the parliamentary law is manifestly inapplicable to the House of Representatives (V, 5086); and it has been held in order in debate to refer to the President of the United States or his opinions, either with approval or criticism, provided that such reference be relevant to the subject under discussion and otherwise conformable to the rules of the House (V, 5087-5091). Also a reference to the probable action of the President was held in order (V, 5092) . In debating a proposition to impeach the President a wide latitude was permitted to a Member in preferring charges (V, 5093), but he was required to abstain from language personally offensive (V, 5094). On January 27, 1909, the House struck from the Congressional Record remarks which went beyond the limits of proper criticism of executive action. It is a breach of order in debate to notice what 5 364. Debate and ^as been Said on the same subject in the proceedings In the other House, or the particular votes or other House not to ... -i xi i j.i be noticed m majorities on it there; because the debat*. opinion of each House should be left to its own independency, not to be influenced by the proceedings of the other; and the quoting them might beget reflections leading to a misunderstand- ing between the two Houses. 8 Grey, 22. This rule of the parliamentary law is in use in the House of Representa- tives to the full extent of its provisions, and it has always been held a breach of order to refer to debates or votes on the same subject in the other House (V, 5095-5097), or to the action or probable action of the other House (V, 5101-5105), or to its methods of procedure, as bearing on the course to be taken on a pending matter (V, 5100). In one instance the Senate de- clined to have read from the Congressional Record the proceedings of the [139] Jefferson's mantjal. §§ 866,866. House, even as the basis of a question of order relating to the rights of the Senate (V, 6406). It is, however, permissible to refer to proceedings in the other House generally, provided the reference does not contravene the principles of the rule (V, 5098, 5099, 5107-5111); but a Member may not, in debate, in the House, read the record of speeches and votes of Senators in such connection of comment or criticism as might be expected to lead to recrimLnations (V, 5107-5111), and it was even held out of order to criticise words spoken in the Senate by one not a Member of that body in the course of an impeachment trial (V, 5106). But a Member of the House was permitted to read, in debate, a speech made in the Senate by one no longer a member of that body (V, 5113), and in another case the personal views of a Senator, not uttered in the Senate, were referred to in the House (V, 5112). While the Senate may be referred to properly in debate, it is not in order 5 865. The other *° discuss its functions or criticise its acts (V, 5114^5120), Hoase and Its or refer to a Senator in terms of personal criticism Members not to be (V, 5121, 5122), or read a paper making such criticism criticised In debate. (y_ g^gg); and after examination by a committee a speech reflecting on the character of the Senate was ordered to be stricken from the Record, on the ground that it tended to create "unfriendly con- ditions between the two bodies * * * obstructive of wise legislation and little short of a public calamity" (V, 5129). But where a Member has been assailed in the Senate, he has been permitted to explain his own con- duct and motives, without bringing the whole controversy into discussion or assailing the Senator (V, 5123-5126). Propositions relating to breaches of these principles have been entertained as of privilege (V, 5129, Neither House can exercise any authority over a 1 866. Complaint by Member or officer of the other, but rct"orMlr; shouW complain to the House of which of the other. he is, and leave the punishment to them. In a notable instance, wherein a Member of the House had assaulted ? Senator in the Senate Chamber for words spoken in debate, the Senate examined the breach of privilege and transmitted its report to the House, which punished the Member (II, 1622). But where certain Members of the House, in a published letter, sought to influence the vote of a Senator in an impeachment trial, the House declined to consider the matter as a breach of privilege (III, 2657). [140] JEFFERSON S MANTJAL. §§ 867,868. * * * Where the complaint is of words disre- § 867. Duty of the pectfully spokeii by a Member of another Speaker to prevent House, it is difficult to obtain puulsh" expresslons offen- c i ^ sive to the other ment, becausB of the rules supposed necessary to be observed (as to the immediate noting down of words) for the security of Members. Therefore it is the duty of the House, and more particularly of the Speaker, to interfere immediately, and not to permit expressions to go unnoticed which may give a ground of complaint to the other House, and introduce proceedings and mutual accusations between the two Houses, which can hardly be terminated without difficulty and disorder. 3 Hats., 51. In the House of Representativea this rule of the parliamentary law is considered as binding on the Chair (V, 5130). No Member may be present when a bill or any busi- §868. Course of the ness conccrning himself is debating; Member when bnsi- j^qj. jg ^^y Member to speak to the merits ness concerning •' ^ himself is debating, of it till he withdraws. 2 Hats., 219. The rule is that if a charge against a Member arise out of a report of a committee, or examination of witnesses in the House, as the Member knows from that to what points he is to direct his exculpation, he may be heard to those points before any question is moved or stated against him. He is then to be heard, and withdraw before any question is moved. But if the question itself is the charge, as for breach of order or matter arising in the debate, then the charge must be stated (that is, the question must [141] jeffeeson's mantjal. §§ S69,S70. be moved), himself heard, and then to withdraw. 2 Hats., 121, 122. la 1832, during proceedingg for the cenBvire of a Meml jr, the Speaker informed the Member that he should retire (II, 1366); but this seems to be an exceptional instance of the enforcement of the law of Parliament. In other cases, after the proposition for censure or expulsion has been proposed, Members have been heard in debate, either as a matter of right (II, 1286), as a matter of course (II, 1246, 1253), by express provision (II, 1273), and in ■writing (II, 1273), or by unanimous consent (II, 1275). But a Member was not permitted to depute another Member to speak in his behalf (II, 1273). Where the private interests of a Member are con- § 369. Disqualifying cemed in a bill or question he is to personal Interest of a Member. Withdraw. And where such an interest has appeared, his voice has been disallowed, even after a division. In a case so contrary, not only to the laws of decency, but to the fundamental principle of the social compact, which denies to any man to be a judge in his own cause, it is for the honor of the House that this rule of immemorial observance should be strictly adhered to. 2 Hats., 119, 121; 6 Grey, 368. In the House of Representatives it has not been usual for the Member to withdraw when his private interests are concerned in a pending measiure; but the House has provided by rule (Rule VIII, § 1) that the Member shall not vote in such a contingency. In one instance the Senate disallowed a vote given \>y a Senator on a question relating to his own right to a seat; but the House has never had occasion to proceed so far (V, 5959). No Member is to come into the House with his head 1 370. Wearing of covered, uor to remove from one place hats br Members, ^q auother with his hat on, nor is to put on his hat in coming in or removing, until he be set down in his place. Scob., 6. Until 1837 the parliamentary practice of wearing hats during the session continued in the House; but in that year it was abolished by rule (Rule XIV, § 7). [142] jeffebson's manual. §§ 871-874 } 871. Adjournment A qucstlon of ordep may be adjourned of questions of to give time to look into precedents. 2 Hats., 118. The Speaker once declined, on a diflBcult question of order, to rule until he had taken time for examination (III, 2725); but it is conceivable that a case might arise wherein this privilege of the Chair would require approval of the majority of the House, to prevent arbitrary obstruction of the pending business by the Chair. The law of Parliament evidently contemplates that the adjoxmiment of a question of order shall be controlled by the House. § 872. House's In Parliament, all decisions of the stons^nh" *" Speaker may be controlled by the speaker. HousB. 3 Grey, 319. The House of Representatives provides for controlling decisionB of the Speaker by appeal (Rule I, § 4). SEC. XVIII. — ORDERS OP THE HOUSE. Of right, the door of the House ought not to be §873. Keeping Of ^hut, but to be kept by porters, or the doors of the Scrgeants-at-Arms, assigned for that Honsc purpose. Mod ten. Pari., 23. The doors of the House of Representatives are kept by the Doorkeeper and his assistants (Rule V, § 1). The only case where a Member has a right to insist 1 874. Right of the ou anything, is where he calls for the e»"euHoromr' cxecution of a subsisting order of the subsisting order. House. Here there having been already a resolution, any person has a right to insist that the Speaker, or any other whose duty it is, shall carry it into execution; and no debate or delay can be had on [143] jeffeeson's manual. |§ S75-877. it. Thus any Member has a right to have the House 5 876. pariiamen- ^r gallery Cleared of strangers, an order tary law for clear- existiug f or that puTpose ; Or to have the Ins the galleries. ^ i i i .1 • . House told when there is not a quorum present. 2 Hats., 87, 129. How far an order of the House is binding, see Hakew., 392. Any Member has a right at any time to demand the execution of a rule or order of the House of Representatives, including the rule prescribing the daily order of business (IV, 3058). He does this by calling for the "regular order." He may not, however, demand that the galleries be cleared, as the House, in which this power resides (II, 1353), has by rule extended the power to the Speaker (Rule I, § 2) and the chairman of the Committee of the Whole (Rule XXIII, § 1), but not to the individual Member. But where an order is made that any particular matter be taken up on a particular day, § 876. Pariiamen- , i , • • j. i j. i_ •. • tary law as to pro- there a questiou IS to be put, when it is ome dry"'' ""■""' called for, whether the House wiU now proceed to that matter? Where orders of the day are on important or interesting matter, they ought not to be proceeded on till an hour at which the House is usually full [which in Senate is at noon]. The rule of the House of Representatives providing for raising the question of consideration (Rule XVI, § 3) has, in connection with the practice as to special orders, superceded this provision of the parliamentary law. The House always proceeds with business at its hour of meeting, unless prevented by a point that no quorum is present (IV, 2732). Orders of the day may be discharged at any time, § 377. Orders of the and a uew oue made for a different day. day now obsolete. g Q^^y^ j^g^ g^g The House of Representatives found the use of "Orders of the day" as a method of disposing business impracticable as long ago as 1818, and not long after abandoned their use (IV, 3057), although an interesting reference to them survives in Rule XXIV, § 1. The House sometimes uses "Special orders," but its business proceeds regularly by Rule XXIV, [144] Jefferson's manual. §§ 878-880. When a session is drawing to a close and the im- portant bills are all brought in, the the'end"o°fTZron. House, in Order to prevent interruption by further unimportant bills, sometimes comes to a resolution that no new bill be brought in, except it be sent from the other House. 3 Grey, 156. This provision is obsolete so far as the practice of the House of Represent- atives is concerned, as business goes on uninterruptedly until the Congress expires (Rule XXVI). All orders of the House determine with the session; § 879. Effect of end ^^^ ^^^ taken Under such an order may, of the session on after the session is ended, be discharged existing orders, ' ° especially as to ou a habeas corpus. Raym., 120; Ja- cob's L. D. by Ruffhead; Parliament, 1 Lev., 165, Pitchara's case. The House of Representatives, by Rule XXVII and the practice there- under, has modified the rule of Parliament as to business pending at the end of a session which is not at the same time the end of a Congress. A standing order, like that providing for the hour of daily meeting of the House, expires with a session (I, 104-109) ; but the House uses few standing orders. In 1866 the House discussed its power to imprison for a period longer than the duration of the existing session (II, 1629), and in 1870, for assaulting a Member returning to the House from absence on leave, Patrick Woods was committed for a term extending beyond the adjournment of the session, but not beyond the term of the existing House (II, 1628). Where the Constitution authorizes each House to § 880. Jefferson's determine the rules of its proceedings, views as to the con- j^ myst mean in those cases (legislative, stltntlonal power to \ o 7 make rules. executive, or judiciary) submitted to them by the Constitution, or in something relating to these, and necessary toward their execution. But 1145] Jefferson's manual. § 881. orders and resolutions are sometimes entered in the journals having no relation to these, such as accept- ances of invitations to attend orations, to take part in procession, etc. These must be understood to be merely conventional among those who are willing to participate in the ceremony, and are therefore, per- haps, improperly placed among the records of the House. The House of Representatives has frequently examined its constitutional power to make rules, and this power has also been dis- iMtraltto^ontJ' ^^^^ ^^ *^® Supreme Court (V, 6755). It has been powerto adopt rales, settled that Congress may not by law interfere with the constitutional right of a future House to make its own rules (I, 82; V, 6765, 6766), or to determine for itself the order of proceedings in effecting its organization (I, 242-245; V, 6765, 6766). It has also been determined, after long discussion and trial by practice, that one House may not continue its rules in force to and over its successor (1, 187, 210; V, 6002, 6743-6747). A law passed by the existing Congress has been recognized as of binding force in matters of procedure (II, 1341; V, 6767, 6768); but when a law passed by a preceding Congress has assumed to lay down a rule of pro- cedure the House has inclined to doubt the validity of the law (V, 6765, 6766), and in one case the Chair has denied the authority of a law of this nature which was in conflict with a rule of the House (IV, 3579). The theories involved in this question have been most carefully examined and decisively determined in reference to the law of 1851, which directs the method of procedure for the House in its constitutional function of judging the elections of its Members ; and it has been determined that this law is not of absolute binding force on the House, but rather a wholesome rule not to be departed from except for cause (I, 597, 713, 726, 833; II, 1122). As to the participation on occasions of ceremony, the House has entered its orders on its journal; but it rarely attends outside the Capitol building as a body, usually preferring that its Members go individually (V, 7061- 7064) or that it be represented by a committee (V, 7053-7056). It has dis- cussed, but not settled, its power to compel a Member to accompany it without the Hall on an occasion of combined business and ceremony (11, 1139). [146] Jefferson's manual. §§ 8S2, 883. SEC. XIX. — PETITION. § 882. Petitions, A petition DraVS SOmethma;. A re- remonstrances, 1 y-» and memorials. monstraiice has no prayer. 1 Grey, 68. The rules of the House of Eepresentatives make no mention of remon- Btiances, but do mention petitions and memorials (Rule XXII, § I). Reso- lutions of state legislatures and of primary assemblies of the people are received as memorials (IV, 3326, 3327), but papers general or descriptive in form may not be presented as memorials (IV, 3325). Petitions must be subscribed by the petitioners, §888. signing ani '^^^06., 87; L. Pad., c. 22; 9 Grey, S62, presentation of uuless they are attending, 1 Grey, Ifil, or unable to sign, and averred by a mem- ber, 3 Grey, 4I8. But a petition not subscribed, but which the member presenting it affirmed to be all in the handwriting of the petitioner, and his name writ- ten in the beginning, was on the question (March 14, 1800) received by the Senate. The averment of a member, or of somebody without doors, that they know the handwriting of the petitioners, is nec- essary, if it be questioned. 6 Grey, 36. Ji must be presented by a member, not by the petitioners, and must be opened by him holding it in his hand. 10 Grey, 67. In the House of Representatives.petitions have been presented for many years by filing with the Clerk (Rule XXII, § 1). Members file them, and petitioners do not attend on the House in the sense implied in the parlia- mentary law. In cases where a petition set forth serious charges, the peti- tioner was required to have his signature attested by a notary (III, 2030, footnote). [147] Jefferson's manual. §§ 381, 885. Regularly a motion for receiving it must be made §384. Parliamentary and seconded, and a questlou put, law for the reception whether it shall be received? but a cry of petitions, 1" // ■ 1 1 ) from the House of received, or even silence, dispenses with the formality of this question. It is then to be read at the table and disposed of. Prior to the adoption of the provisions of Rule XXII, § 1, petitions were presented from the floor by Members, and questions frequently arose as to the reception thereof (IV, 3350-3356). But under the present practice Buch procedure does not occur. SEC. XX. MOTIONS. When a motion has been made, it is not to be put §385. Parliamentary to the questlou or debated until it is arrfa^/a seconded. ScoK,21. reading of motions. It is then, and not till then, in pos- session of the House, and can not be withdrawn but by leave of the House. It is to be put into writ- ing, if the House or Speaker require it, and must be read to the House by the Speaker as often as any Member desires it for his information. 2 Hats., 82. The rules of the House of Representatives (Rule XVI, §1) have long since dispensed with the requirement of a second for ordinary motions (V, 5304). Rule XVI, §2, provides further that a motion may be withdrawn " before decision or amendment;" and §1 of the same rule provides that the motion shall be reduced to writing "on the demand of any Member." In the practice of the House, when a paper on which the House is to vote has been read once, the reading may not be required again unless the House shall order it read (V, 5260); but it does not appear that this modifies the pro- vision of the parliamentary law that mere motions, not in the nature of amendments or documents, shall be read as often as is desired for informa- tion. [148] JEFFERSON 8 MANUAL. §§ 386-88S. It might be asked whether a motion for adjourn- ment or for the orders of the day can §886. Interraptlons t.^ i i -i ,, of the Member hav be made by one Member while another tag the floor. ^^ Speaking? It can not. When two Members offer to speak, he who rose first is to be heard, and it is a breach of order in another to inter- rupt him, unless by calling him to order if he departs from it. And the question of order being decided, he is still to be heard through. A call for adjourn- ment, or for the order of the day, or for the question, by gentlemen from their seats, is not a motion. No ..o, „ K motion can be made without rising § 887. Members _ . required to rise to and addrossuig the Chair. Such calls make motloii8,c8lI , , pi i • i for the order of aro thomselves breaches of order, which, bnstaess, e . though the Member who has risen may respect, as an expression of impatience of the House against further debate, yet, if he chooses, he has a right to go on. The practice of the House of Representatives has modified the principle that the Member who rises first is to be recognized (Rule XIV, § 2); but in other respects the principles of this paragr^h of the parliamentary law are in force. When the House commands, it is by an "order." But fact, principles, and their own § 888. Orders and , . ■, ■% resotationsofthe opmions and purposes, are expressed "•""*• in the form of resolutions. A resolution for an allowance of money to the clerks being moved, it was objected to as not in order, and so ruled by the Chair; but on appeal to [149] jeffekson's manual. U 389, B90. the Senate (i. e., a call for their sense by the Presi- dent, on account of doubt in his mind, according to Rule XX, clause 2) the decision was overruled. Jour., Senate, June 1, 1796. I presume the doubt was, whether an allowance of money could be made otherwise than by biU. In the modern practice concurrent resolutions have been developed as a means of expressing fact, principles, opinions, and pur- § 389. Concnrrent ^^^^ ^f ^he two Houses (II, 1566, 1567). Joint com- tw^o Houses. mittees are authorized by resolutions of this form (III, 1998, 1999). A concurrent resolution is binding on neither House until agreed to by both (IV, 3379). It is not sent to the President for approval unless it contain a proposition of legislation, which is not within the scope of the modern form of concurrent resolution (IV, 3484). Another development of the modern practice is the joint resolution, which is a bill BO far as the processes of the Congress in relation § 390. Joint resoln- ^ .^ , f,,, „„„_> -nT^i. ^Z ^- c y^^j_ to It are concerned (IV, 3375). With the exception of joint resolutions proposing amendments to the Consti- tution (V, 7029), all these resolutions are sent to the President for approval and have the full force of law. They are used for what may be called the incidental, unusual, or inferior purposes of legislating (IV, 3372), as extend- ing the national thanks to individuals (IV, 3370), the invitation to La Fayette to visit America (V, 7082, footnote), the welcome to Kossuth (V, 7083), notice to a foreign government of the abrogation of a treaty (V, 6270)", declaration of intervention in Cuba (V, 6321), correction of an error in an existing act of legislation (IV, 3519), election of managers for National Sol- diers' Homes (V, 7336), special appropriations for minor and incidental pur- poses (V, 7319). At one time they were used for purposes of general legis- lation; but the two. Houses finally concluded that a bill was the proper instrumentality for this purpose (IV, 3370-3373). A joint resolution may be changed to a bill by amendment (IV, 3374) [150] JEFFERSON'S MANUAL. S§ 391, 392. SEC. XXIII. — BILLS, LEAVE TO BEING IN. When a Member desires to bring in a bill on any . o«, ..■ . » subject, he states to the House in § 891. Obsolete pro- " ' visions as to Intro- general terms the causes for doing it, dnctlon of bills. . i i i • p i and concludes by movmg for leave to bring in a bill, entitled, &c. Leave being given, on the question, a committee is appointed to pre- pare and bring in the bill. The mover and seconder are always appointed of this committee, and one or more in addition. Hakew., 132; Scob., Jfi. It is to be presented fairly written, without any erasure or interlineation, or the Speaker may refuse it. S>c6b., 41; 1 Grey, 82, 84. This provision is obsolete, Rule XXII, §§ 1-3, providing an entirely- different method of introducing bills. The introduction of bills by leave was gradually dropped by the practice of the House, and after 1850 the present free system of permitting Members to introduce at will bills for printing and reference began to develop (IV, 3365). SEC. XXIV.— BILLS, FIRST READING. When a bill is first presented, the Clerk reads it at § 892. Obsolete the table, and hands it to the Speaker, requirements as ^]jq risiug, states to the House the to first reading of ' "' tin bills. title of the bill; that this is the first time of reading it; and the question will be, whether it shall be read a second time? then sitting down to give an opening for objections. If none be made, he rises again, and puts the question, whether it shall be read a second time? Hakew., 137, 141- A [151] JEFFERSON S MANUAL, § 893. bill cannot be amended on the first reading, 6 Grey, 286; nor is it usual for it to be opposed then, but it may be done, and rejected. D'Ewes, 386, col. 1; 3 Hats., 198. This provision is obsolete, the practice under Rule XXI, § 1, now gov- erning the procedure of the House of Representatives. SEC. XXV. BILLS, SECOND READING. The second reading must regularly be on another day. Hakew., I4S. It is done by the parifam™tal^**aw Clerk at the table, who then hands it to wadtar"* *^® Speaker. The Speaker, rising, states to the House the title of the bill; that this is the second time of reading it; and that the question will be, whether it shall be committed, or engrossed and read a third time ? But if the bill came from the other House, as it always comes engrossed, he states that the question will be, whether it shall be read a third time? and before he has so reported the state of the bill, no one is to speak to it. Hakew., 143, 146. In the Senate of the United States, the President reports the title of the bill; that this is the second time of reading it; that it is now to be considered as in a Committee of the Whole; and the question will be, whether it shall be read a third time? or that it may be referred to a special committee? The provisions of this paragraph are to a large extent obsolete so far as the House of Representatives is concerned, the practice under Rule XXI, § 1, now governing. [152] jeffeeson's manual. §§ 894, 896. SEC. XXVI. — BILLS, COMMITMENT. * If on motion and question it be decided that the § 894. pariiamen- ^^^^ ^^^^^ ^6 Committed, it may then be tary law (largely moved to be referred to Committee of obsolete) as to _ reference of bills to the Whole House, or to a special com- mittee. If the latter, the Speaker proceeds to name the committee. Any member also may name a single person, and Clerk is to write him down as of the committee. But the House have a controlling power over the names and number, if a question be moved against any one; and may in any case put in and put out whom they please. This paragraph is to a large extent obsolete under the rules and practice of the House of Representatives. Bills are referred in the first instance by the Speaker to standing committees as prescribed by the rules (Rules XI, XXII, §§ 1, 2), and references to the Committee of the Whole are also made, in the first instance under direction of the Speaker (Rule XIII, § 2) . Refer- ence of a matter under consideration is made by a motion to refer which specifies the committee and may provide for a select committee of a specified number of persons (IV, 4402). But such committee is appointed only by the Speaker (Rule X, § 2). House of Representatives Rule XVII provides that the Speaker may entertain a motion to commit with or without instructions to a standing conunittee. Those who take exceptions to some particulars in § 895, Obsolete tho bill are to be of the committee, but L'^tatiorof" ^o^® w^o speak directly against the committees. body of the bill; for he that would totally destroy wiU not amend it, Hakew., I46; Tovm., col, 208; D'Ewes, 634, col. 2; Scoh., 47; or as is said, 5 Grey, 145, the child is not to be put to a nurse that cares not for it, 6 Grey, 873. It is there- 69373°— 12 11 [153] Jefferson's manual. §§ 396-398. fore a*constant rule " that no man is to be employed in any matter who has declared himself against it." And when any member who is against the bill hears himself named of its committee he ought to ask to be excused. Thus, March 7, 1806, Mr. Hadley was, on the question being put, excused from being of a committee, declaring himself to be against the matter itself. Scoh., 46. This provision ia entirely inapplicable in the House of Representatives, where the standing committees with majority and minority representation (IV, 4467, 4477, footnote, 4478) consider most of the bills. And in the in- freque^t occasions when a select committee is appointed the minority party is always represented in the membership. The Clerk may deliver the bill to any member of 1 396. Delivery of the committce. Town., col. 138; but it bius to committees, jg ^g^g^j ^q deliver It to him who is first named. Where committees have clerks and rooms, the bills are delivered to the clerk in the room. In some cases the House has ordered a committee 897 Obsolete ^^ withdraw immediately into the com- provision for order- mittee chamber and act on and bring withdraw and bring back the blU, slttlug the HousB. Scob., back a bill. r o ^ ^ ^ This procedure is never followed in the House of Bepresentatives, as the order of business leaves no place for such an ordej, except it be offered by imanimous consent. When a bill is under consideration, however, the House may on motion commit it with instructions to report "forthwith" with ^*,f • •'"""'"f certain specified amendment (V, 5548, 5549), in which with directions to \. \' ^ / ■■,!. report forthwith. ^^^ ^"^ chairman or the committee reports at once with, out awaiting action of the committee (V, 5545-5547) and the bill is in order for immediate consideration (V, 5550). [154] JEFFERSON 8 MANUAL. §§ 399,401. Except as provided in Rule XXVII, § 4, the motion to discharge a com- mittee from the consideration of an ordina,ry legislative o/a committed* proposition is not privileged imder the rules (IV, 3533, 4693), but where a matter involves a question of privi- lege (III, 2585, 2709) or is privileged under the rule relating to resolu- tions of inquiry (Rule XXII, § 5; III, 1871; IV, 4695) the motion to dis- charge is admitted. The motion is not debatable (III, 1868; IV, 4695) and maybe laid on the table (V, 5407), but thequestion of consideration may not be demanded against it (V, 4977). t * * * ' A committee meet when and where they „ „ please, if the House has not ordered §400. Meetings ^. ' and action of tmie and place for them, 6 Grey, 370; committees. iiji 1 ji i ii but they can only act when together, and not by separate consultation and consent- nothing being the report of the committee but what has been agreed to in committee actually assembled. In the House of Representatives the standing committees usually meet in their committee rooms, but there is no rule requiring them to meet there. The House has adhered to the principle that a report must be authorized by a committee acting together, and a paper signed by § 401. Anthoriza- ^ majority of the committee acting separately was committees' ^ " ruled out (IV, 4584). A report is sometimes authorized by less than a majority of the whole committee, some members being silent or absent (II, 985, 986) . In a rare instance a majority of a committee agreed to a report, but disagreed on the facts necessary to sustain the report (I, 819). It is not uncommon for a committee to find itself unable to agree to a positive recommendation; being equally divided, in which case it may report the fact to the House (I, 347; IV, 4665, 4666), sometimes with evidence and majority and' minority views (III, 2403), with miaority views alone (II, 945), or with propositions representing the opposrag contentions (III, 2497; IV, 4664). It is not essential that the report of a committee be signed (II, 1274), but the minority views are signed by those concurring in them (IV, 4671) . In case where a majority of a com- mittee signed a report it was held valid, although a necessary one of that majority did not concur in all the statements (IV, 4587). If a report is actually sustained by the majority of a committee, it is not impeached by the fact that a less number sign it (II, 1091), or by the^fact that later by the action of absentees more than a majority of the whole committee axe [155] JEFFERSON S MANUAL. §§ 402-404. found to have signed minority views (IV, 4585). Objection being made that a report had not been authorized by a committee and there being doubt as to the validity of the authorization, the question as to the reception of the report is submitted to the House (IV, 4588-4591). But' where the Speaker is satisfied of the correctness of the authorization (IV, 4592, 4593) of a report he may decide that it shall be received. And in case wherein it was shown that a majority of a committee had met and authorized a report he did not heed the fact that the meeting was not regularly called (IV, 4594). A bill improperly reported is not entitled to its place on the cal- endar' (IV, 3117); but the validity of a report may not be questioned after the House has voted to consider it (IV, 4598) or after actual consideration has begun (IV, 4599). §402. The A majority of the committee con- qnomm of a select ,•. , i; u • ttit or standing stitutes a quoFum lor business. El- oommittee. synge' s Method of Passing Bills, 11. A quorum of a committee may transact business and a majority of the quorum, even though it be a minority of the whole committee, may author- ize a report (IV, 4586). The validity of testimony taken before less than a quorum of a committee has been doubted (III,- 1774); but the House may authorize less than a quorum to act (IV, 4553, 4554). Any Member of the House may be present at any § 403. Presence select Committee, but can not vote, and the*Ho*iI^e to a' must give placc to all of the committee, select committee, ^ud sit below them. Elsynge, 12; Scob., 49. It does not appear that the relations of this provision to the principle that a committee may conduct its proceedings in secret (IV, 4557-4564) has been determined in the H'ouse of Representatives ^ The committee have full power over the bill or § 404. Power of othor paper committed to them, except thrbod/lnd™ that they can not change the title or title of a bin. subject. 8Grey,228. In the House of Representatives committees may recommend amend- ments to the body, of a bill or to the title but may not otherwise change the text. [156] Jefferson's manual. § 405. The paper before a committee, whether select or of §405. pariiamen- ^he whole, may be a bill, resolutions, tary law governing draught of ail address, &c., and it may consideration of '^ . . • i i buis, etc.in either originate with them or be re- committees. /> liji -r jiii lerred to them. In every case the whole paper is read first by the Clerk, and then by the chair- man, by paragraphs, Scob., 4&, pausing at the end of each paragraph, and putting questions for amend- ing, if proposed. In the case of resolutions or dis- tinct subjects, originating with themselves, a question is put on each separately, as amended or unamended, and no final question on the whole, 3 Hats., 276; but if they relate to the same subject, a question is put on the whole. If it be a bill, draught of an address, or other paper originating with them, they proceed by paragraphs, putting questions for amending, either by insertion or striking out, if proposed; but no question on agreeing to the paragraphs sepa- rately; this is reserved to the close, when a question is plit on the whole, for agreeing to it as amended or unamended. But if it be a paper referred to them, they proceed to put questions of amendment, if pro- posed, but no final question on the whole; because all parts of the paper, having b^,en adopted by the House, stand, of course, unless altered or struck out by a vote. Even if they are opposed to the whole paper, and think it can not be made good by amend- ments, they can not reject it, but must report it back to the House without amendments, and there make their oppositon. Jefferson's manual. §§ 406, 407. In the House of Representatives it has generally been held that a select or standing committee may not report a bill whereof the subject-matter has not been referred to them (IV, 4355-4360). In the older practice the Committee of the Whole originated resolutions and. bills (IV, 4705); but the later development of the rules governing the order of business would prevent the offering of a motion to go into Committee of the Whole for such a purpose, except by unanimous consent. The natural order in considering and amending any paper is: to begin at the beginning, §406. Orderof Jff > \.^i ^ i ' amending bills and proceed through it by paragraphs; In the House. i j_i • i * j_ ■ j.i n i j and this order is so strictly adhered to in Parliament, that when a latter part has been amended, you can not recur back and make any alter- ation in a former part. £ Hats., 90. In numerous assemblies this restraint is doubtless important. But in the Senate of the United States, though in the main we consider and amend the paragraphs in their natural order, yet recurrences are indulged; and they seem, on the whole, in that small body, to produce advantages overweighing their inconveniences. In the House of Representatives amendments to paragraphs or sections are made in Committee of the Whole under Rule XXIII, § 5. In the House itself amendments to House bills are made pending the engrossment and third reading (IV, 3392; V, 5781) and to Senate bills before the third reading (IV, 3393). Amendments are offered to any part of the bill, with- out proceeding consecutively with the several paragraphs or sections (IV, 3392). In Committee of the Whole the procedure is different. To this natural order of beginning at the beginning, § 407. Preamble there Is a slugle exception found in par- trbodyome liamentary usage. When a bill is taken bui has been up ux Committee, or on its second read- ing, they postpone the preamble till the other parts of the bill are gone through. The reason is, [158] Jefferson's manual. § 407. that on consideration of the body of the bill such alter- ations may therein be made as may also occasion the alteration of the preamble. Scoh., 50; 7 Grey, 431. On this head the following case occmred in the Senate, March 6, 1800: A resolution which had no preamble having been already amended by the House so that a few words only of the original remained in it, a motion was made to prefix a preamble, which hav- ing an aspect very different from the resolution, the mover intimated that he should afterwards propose a correspondent amendment in the body of the reso- lution. It was objected that a preamble could not be taken up till the body of the resolution is done with; but the preamble was received, because we are in fact through* the body of the resolution; we have amended that as far as amendments have been offered, and, in- deed, till little of the original is left. It is the proper time, therefoi:e, to consider a preamble; and whether the one offered be consistent with the resolution is for the House to deterinine. The mover, indeed, has in- timated that he shall offer a subsequent proposition for the body of the resolution; but the House is not in possession of it; it remains in his breast, and may be withheld. The rules of the H9use can only operate on what is before them. The practice of the Senate, too, allows recurrences backwai-d and forward for the purpose of amendment, not permitting amend- ments in a subsequent to preclude those in a prior part, or e converso. [159] Jefferson's manual. §§ 408-410. In the practice of the House of Representatives, the preamble of a bill or joint resolutipn is agreed to most conveniently after the engrossment and before the third reading (IV, 3414; V, 5469, 5470). On the passage of a bUl or joint resolution a separate vote may not be demanded on the preamble (V, 6147, 6148) ; but where a simple resolution of the House has a preamble, the preamble may be laid on the table without affecting the status of the accompanying resolution (V, 5430). When the committee is through the whole, a Mem- § 408. Directions her movBS that the committee may rise, of a committee for ^^^^ ^jjg chairman report the paper to making of Its ^ ' _ x r report. the House, with or without amend- ments, as the case may be. 2 Hats., 289, 292; Scob., 53; 2 Hats., 290; 8 Scob., 50. In the House of Representatives, a committee may order its report to be made by the chairman (IV, 4669) or by any other member of the com- mittee (IV, 4526), even though he be a member of the minority party (IV, 4672, 4673). Only the chairman makes report for the Committee of the Whole (V, 6987). When a vote is once passed in a committee, it can § 409. As to not be altered but by the House, their rToteta™""""' ^o*6S being binding on themselves. committee. 1607, JuUC 4- This provision of the parliamentary law has been held to prevent the use of the motion to reconsider in Committee of the Whole (IV, 4716-4718), and the practice seems to have inclined against the use of the motion in a standing or select committee (IV, 4596, 4571), but there is a precedent which authorizes the use of the motion (IV, 4570). The committee may not erase, interline, or blot the § 410. Method of bill itself; but must, in a paper by amendments to a i^sclf Set dowu the amendments, stating bin in committee, the words which are to be inserted or omitted, Scob., 50, and where, by references to page, line, and word of the bill. Scob., 60. [160] Jefferson's manual. § 411. SEC. XXVII.^REPORT OF COMMITTEE. The chairman of the committee, standing in his §411. pariiamen- place, infopms the House that the com- ^^mmtar"' "^i**ee to whom was referred such a reports. biii^ have, according to order, had the same under consideration, and have directed him to report the same without any amendment, or with sundry amendments (as the case may be), which he is ready to do when the House pleases to receive it. And he or any other may move that it be now re- ceived; but the cry of "now, now," from the' House, generally dispenses with the formality of a motion and question. He then reads the amendments, with the coherence in the bill, and opens the alterations and the reasons of the committee for such amend- ments, until he has gone through the whole. He then delivers it at the Clerk's table, where the amendments reported are read by the Clerk without the coherence; whereupon the papers lie upon the table till the House, at its convenience, shall take up the report. Scob., 52; Hakew., 148. This provision is to a large extent obsolete so far as the practice of the House of Representatives is concerned. Most of the reports of committees are made by filing them with the Clerk withqut reading (Rule XIII, § 2), and only the reports of committees having leave to report at any time are made by the chairman or other member of the committee from the floor (Rule XI, § 61). While the privileged reports are frequently acted on when presented, yet the general rule (Rule XIII, § 1) is that reports shall be placed on the calendars of the House, there to await action under the rules for the order of business (Rule XXIV), [161] JEFFERSON'S MANUAL. § 412^13. The report being made, the committee is dissolved, §412. Reports; and Can act no more without a new dissolution, and f)owef. Scoh., 51. But it maV be re- revlval of select -t^ ' committees. vived by a vote, and the same matter recommitted to them. J,. Grey, 361. This provision does not apply to the Committees of the Whole as they exist in the House of Representatives at the! present time or to the stand- ing committees. It does apply to select committees, which expire when they report finally, but may be revived by the action of tlje House in refer- ring in open House a new matter (IV, 4404, 4405). A select committee expires at the end of a session (IV, 4394^4399), and this limitation applies also to joint select committees (IV. 4420). SEC. XXVIII.— BILL, RECOMMITMENT. After a bill has been committed and reported, it ought not, in an ordinary course, to % 418. Eecom- i • . - i i_ j. • i; • mittaiofabiiito be recomniitted; but m cases ot impor- a committee. taucc, and for special reasons, it is sometimes recommitted, and usually to the same committee. Hakew., 151. If a report be recom- mitted before agreed to in the House, what has passed in committee is of no validity; the whole question is again before the committee, and a new resolution must be again moved, as if nothing had passed. 3 Hats., 131 — note. In Senate, January, 1800, the salvage bill was re- committed three times after the comniitment. Where a matter is recommitted with instructions the committee must confine itself within the instructions (IV, 4404), and if the instructions relate to a certain portion only of a bill, other portions may not be reviewed (V, 5526). MTien a report has been disposed of adversely a motion to re- commit it is not in order (V, 5559). Bills are sometime" recommitted to the [162] JEFFERSON'S MANUAL. §i 414,415. Committee ol the Whole as the indirect result of the action of the House (Rule XXIII, § 7; IV, 4784) or directly on motion either with or without instructions (V, 5552, 5553). A particular clause of a bill may be .committed §414. Division of wlthout the whole bill, S Hats., 131; or refe«rce to SO much of a paper to one and so much eommittees. ^q another committee. In the usage of the House before the rules provided that petitions should be filed with the Clerk instead of being referred from the floor, it was the practice to refer a portion of a petition to one committee and the remainder to another when the subject matter called for such division (IV, 3359). Communications, such as the report of the managers of the Soldiers' Home, are sometimes divided for reference. But a bill or a joint resolution (IV, 4376) may not be divided, although it may contain matters properly within the jurisdiction of several committees (IV, 4372). SEC. XXIX. BILL, REPORTS TAKEN UP. When the report of a paper originating with a com- mittee is taken up by the House, they §415. Consider*- i . • tx tion and actton on proceed exactty as in committee. Here, reports. ^^ ^ committce, when the paragraphs have, on distinct questions, been agreed to seriptim, 6 Grey, 366; 6 Grey, 368; 8 Grey, ^7, 104, 360; 1 Torbuck's Deb., 125; S Hats., 348, no question needs be put on the whole report. 5 Grey, 381. In the House of Representatives committees usually report bills, joint resolutions, concurrent resolutions, or simple resolutions. These come before the House for action while the written reports accompanying them, which are always printed, do not (IV, 4674), and even the reading of the reports is in order only in the time of debate (V, 5292). In rare instances, however, committees submit merely written reports without propositions for action. Such reports being before the House may be debated before any specific motion has been made (V, 4987, 4988), and are in such case read to the House (IV, 4663) and after being considered the question is taken on 1163] jeffebson's manual. i 416. agreeing.' In such cases the report appears in full on the Journal (II, 1364; IV, 4675; V, 7177). When reports are acted on in this way it bas not been the practice of the House to consider them by paragraphs, but the question has been put on the whole report (II, 1364). On taking up a bill reported with amendments the -,. ■ „ . amendments only are read by the Clerk. § 416. Action by •' iij5j.j the House on The Speaker then reads the nrst,; and re"omren°ded by puts It to ths quBstlon, and SO on till the committees. ^^^^^ ^^^ adoptcd or rejected, before any other amendment be admitted, except it be an amendment to an amendment. Elsynge's Mem., 63. When through the amendments of the committee, the Speaker pauses, and gives time for amendments to be proposed in the House to the body of the bill; as he does also if it has been reported without amendments; putting no questions but on amendments proposed; and when through the whole, he puts the question whether the bill shall be read a third time? The procedure outUned by this provision of the parliamentary law applies to bills when reported from the Committee of the Whole; but in practice it is usual to vote on the amendments in gross. But any Member may demand a separate vote. The principle that the committee amend- ments should be voted on before amendments proposed by the House is recognized (IV, 4872^876) except when it is proposed to amend a com- mittee amendment. The Clerk reads the amendments, and the Speaker does not again read them. Frequently the House orders ^e previous question on the committee amendments and the bill to final passage, thus preventing further amendment. When a bill is of such nature that it does not go to Committee of the Whole, it comes before the House from the House Calendar, on which it has been placed on being reported from the standing or select committee. On being taken from the House Cal- endar the bill is read through and then the amendments proposed by the committee are read. [164] Jefferson's manual. 5 417. SEC. XXX. — QUASI-COMMITTEE. ' If on motion and question the bill be not committed, § 417. Procedure OF if no ppoposition f or commitment be li.'^comiT made, then the proceedings in the Sen- the Whole." I ate of the United States and in Par- Uament are totally different. The former shall be first stated. The proceeding of the Senate as in a Committee of the Whole, or in quasi-committee, is precisely as in a real Committee of the Whole, taking no question but on amendments. When through the whole, they consider the quasi-committee as risen, the House resumed without any motion, question, or resolution to that effect, and the President reports that " the House, acting as. in a Committee of the Whdle, have had under their consideration the bill entitled, &c., and have made sundry amendments, which he will now report to the House." The bill is then before them, as it would have been if reported from a committee, and the questions are regularly to be put again on every amendment; which being gone through, the President pauses to give time to the House to propose amendments to the body of the bill, and, when through, puts the question whether it shall be read a third time? In the House of Representatives procedure "in the House as in Com- mittee of the Whole " is by unanimous consent only, as the order of business gives no place for a motion that business be considered in this manner (IV, 4923). In the House an order for this procedure means merely that the bill will be read for amendment and debate under the five-minute rule (Rule XXIII, § 5), without general debate. (IV, 4924, 4925, Speaker [165] Jefferson's manual, §§ 418,419. Clark, May 26,'1911, 62d Cong., first seas.). The Speaker remains in the chair, and when the bill has been gone through, he makes no report but puts the question on the engrossment and third reading and on the passage. After progress in amending the bill in quasi-com- ..,»„.. . mittee, a motion may be made to refer 1 418. Motion to ' •', refer admitted jt to a special committee. If the mo- "In the House as . ., .. •ix-jarj.j. in Committee of tion prevails, it IS equivalent m ettect to the Whole." ^j^g several votes, that the committee rise, the House resume itself, discharge the Commit- tee of i^the Whole, and refer the bill to a special com- mittee.' In that case, the amendments already made fall. But if the motion fails, the quasi^committee stands in statu quo. How far does this XXVIIIth rule [of the Senate] 419 Motions subjcct the House, when in quasi-com- and procedure In mittce, to the laws wMch rcgulatc the qnasl-commlttee ' ,■ r>, • . , e ^ j_\ In jeiferson's proceedings 01 Uommittees oi the """'■ Whole ? The particulars in which these differ from proceedings in the House are the follow- ing: 1. In a committee every member may speak as often as he pleases. 2. The votes of a committee may be rejected or altered when reported to the House. 3. A committee, even of the whole, cannot refer any matter to another committee. 4. In a com- mittee no previous question can be taken; the only means to avoid an improper discussion is to move that the committee rise ; and if it be apprehended that the same discussion will be attempted on returning into committee, the House can discharge them, and proceed itself on the business, keeping down the im- [166] JEFFERSON S MANUAL. § 120. proper discussion by the previous question. 5. A committee cannot punish a breach of order in the House or in the gallery. 9 Grey, 113. It can only rise and report it to the House, who may proceed to pxmish. The first and second of these peculiarities attach to the quasi-committee of the Senate, as every day's practice proves, and it seems to be the only ones to which the XXVIIIth rule meant to subject them; for it continues to be a House, and, therefore, though it acts in some respects as a committee, in others it preserves its character as a House. Thus ( 3) it is in the daily habit of referring its business to a special committee. 4. It admits of the previous question. If it did not, it would have no means of preventing an improper discussion; not being able, as a committee is, to avoid it by returning into the House, for the moment it would resume the same sub- ject there, the XXVIIIth rule declares it again a quasi-committee. 5. It would doubtless exercise its powers as a House on any breach of order. 6. It takes a question by yea and nay, as the House does. 7. It receives messages from the President and the other House. 8. In the midst of a debate it receives a motion to adjourn, and adjourns as a House, not as a committee. In the modem practice of the House of Representatives the rule of Jeffer- . .„„ « « son's Manual is followed to the extent that the House, §420. Motions , ,,. t -rr •' ^ ■ -ij^ i Al- and procedure while acting "in the House as in Committee of the "In the Honse as Whole " may deal with disorder, take the yeas and nays, In Committee 0/ adjourn, refer to a committee even though the reading the Whole." fcysectionsmaynothave begun (IV, 4931, 4932), and use the previous question (which differs from the previous question of Jefferson' s [167] Jefferson's manual. § 421. time). But the previous question may not be moved on a single section of a bill (IV, 4930) ; but it may be demanded on the bill while Members yet desire to offer amendments (IV, 4926-4929). An amendment may be with- drawn at any time before action has been had on it (IV, 4935). An amend- ment in the nature of a substitute is in order only after consideration by sections has been completed (IV, 4933, 4934). The title also is amended after the bill has been considered (IV, 3416). SEC. XXXI. BILL, SECOND HEADING IN THE HOUSE. In Parliament, after the bill has been read a second ■ .», „ , time, if on the motion and question it be § 421. Maimer of ' ^ reading a bill the not Committed, or if no proposition for second time. . , , , i , i i i commitment be made, the speaker reads it by paragraphs, pausing between each, but putting no question but on amendments proposed; but when through the whole, he puts the question whether it shall be read a third time, if it came from the other house, or, if originating with themselves, whether it shall be engrossed and read a third time . The speaker reads sitting, but rises to put questions. The clerk stands while he reads. 3ut the Senate of the United States is so much in the habit of making many and material amendments at the third reading that it has become the practice not to engross a bill till it has passed — an irregular and dangerous practice, because in this way the paper which passes the Senate is not that which goes to the other House, and that which goes to the other House as the act of the Senate has never been seen in the Senate. In reducing numerous, difficult, and illegi- ble amendments into the text the Secretary may, [168] jbfpbeson's manual. § 422. with the most innocent intentions, commit errors which can never again be corrected. In the House of Representatives the Clerk and not the Speaker or Chair- man of the Committee of the Whole reads bills on second reading. After the second reading, which is in full, the bill is open to amendment. • The bill being now as perfect as its friends can make § 422. Test of it, thls Is the proper stage for those e^rowtent after fundamentally opposed to make their amendmeEt. fi^st attack. All attempts at earlier periods are with disjointed efforts, because many who do not expect to be in favor of the bill ulti- mately, are willing to let it go on to its perfect state, to take time to examine it themselves and to hear what can be said for it, knowing that after all they will have sufficient opportunities of giving it their veto. Its two last stages, therefore, are reserved for this — that is to say, on the question whether it shall be en- grossed and read a third time, and, lastly, whether it shall pass. The first of these is usually the most in- teresting contest, because then the whole subject is new and engaging, and the minds of the Members having not yet been declared by any trying vote the issue is the more doubtful. In this stage, therefore, is the main trial of strength between its friends and opponents, and it behooves everyone to make up his mind decisively for this question, or he loses the main battle; and accident and management may, and often do, prevent a successful rallying on the next and last question, whether it shall pass. B9373°-12 12 [169] Jefferson's manual. §§ 423-425. In the House of Representatives there are two other means of testing § 428. Test of strength — one by raising the question of consideration strength on a bill when the bill first comes up (Rule XVI, § 3), and the before amending;. other by moving to strike out the enacting words when it is first open to amendment 334. With amendments be engrossed J 395. That a bill be now read a third time Noes. 398. Receive a rider I 260. Pass [Ayes . 259. Be printed Committees. That A take the chair To agree to the whole or any part of report That the House do now resolve into committee Speaker. That he now leave the chair, after order to go into j,Noes. 291. committee That he issue warrant for a new writ Member. That none be absent without leave Witness. That he be fiurther examined Ayes. 344. Previous question Noes. [209] Jefferson's manual. §§ 196,497. Blanks. That they be filled with the largest sum -AAvee Amendments. That words stand part of J Lords. That their amendment be read a second time Noes. Messenger be received lAvea Orders of the day to be now read, if before 2 o'clock / If after 2 o'clock Noes. Adjoiirnment. Till the next sitting day, if before 4 o'clock. . Ayes. If after 4 o'clock Noes. Over a sitting day (unless a previous resolution) Ayes. Over the 30th of January Noes. For sitting on Sunday, or any other day not being a sittingl . day / The one party being gone forth, the Speaker names two tellers from the affirmative and two from the negative side, who first count those sitting in the House and report the number to the Speaker. Then they place themselves within the door, two on each side, and count those who went forth as they come in and report the number to the Speaker. Mem. in Hakew., 26. In the House of Representatives the two tellers take their places in the entrance to the center aisle and the affirmative and the negative pass between them to be counted. Thus no question arises from advantage from indifference. § 496. correction ^ mistake VOL the report of the tellers of a vote by tellers may be rectified after the report made. after the report. ^ tt- 2 Hats., 145, note. Hi * H: :[: :!: When it is proposed to take the vote by yeas and § 497. Voting by n^-ys, the President or Speaker states yeas and nays. ^ih^t " the questlon Is whether, e. g., the bill shall pass — that it is proposed that the [210] Jefferson's manuai,. § 498. yeas and nays shall be entered on the journal. Those, therefore, who desire it will rise." If he finds and declares that one-fifth have risen, he then states that " those who are of opinion that the bill shall pass are to answer in the aflfirmative; those of the contrary opinion in the negative." The Clerk then calls over the names alphabetically, notes the yea or nay of each, and gives the list to the President or Speaker, who declares the result. In the Senate if there be an equal division the Secretary calls on the Vice- President and notes his affirmative or negative, which becomes the decision of the House. In tlie House of Representatives tellers are sometimes, though rarely, ordered to determine whether one-fifth join in the demand for the yeas- and nays (V, 6045). Rule XV, § 1 of the House provides the method of taking the yeas and nays in the modern practice. In the House of Commons every member must give his vote the one way or the other, Scoh., § 498. Parllamen- . . "^ . ' ' taryiawasto ^^j ^s it IS not permitted to anyone to g V TO s. -^thdraw who is in the House when the question is put, nor is anyone to be told in the divi- sion who was not in when the question was put. 2 Hats., 140. This last position is always true when the vote is by yeas and nays; where the negative as well as af- firmative of the question is stated by the President at the same time, and the vote of both sides begins and proceeds pari passu. It is true also when the question is put in the usual way, if the negative has also been put; but if it has not, the member entering, [211] JEFFERSON'S MANUAL. §§ 499,500. or any other member may speak, and even propose amendments, by which the debate may be opened again, and the question be greatly deferred. And as some who have answered aye may have been changed by the new arguments, the affirmative must be put over again. If, then, the member entering may, by speaking a few words, occasion a repetition of a question, it would be useless to deny it on his simple call for it. Rule VIII, § I, of the House of Representatives requires Members to vote; but no rule excludes from voting those not present at the putting of the question, and this requirement of the parliamentary law is not observed in the House. No attempt is made to prevent Members from withdrawing after a question is put, unless there be a question as to a quorum, when the House proceeds under Rule XV, §§ 2, 4. While the House is telling, no Member may speak s 499. Movements ^^ ^^^^ ^^^ ^^ his place, for if any mis- of Members during take be suspected it must be told again. '"**'°^' Mem. in Hakew., 26; 2 Hats., 143. This rule applies in th^ House of Representatives on a vote by division, where the Speaker counts; but not to a vote by tellers, where the members pass between the tellers, or to a vote by yeas and nays. If any difficulty arises in point of order during the 1500. Decisions ^ivisiou, the Speaker is to decide per- of points of order cmptorily, subject to the future censure daring a division. <. ,1 xt • c • i -r-r 01 the Mouse it irregular. He some- times permits old experienced Members to assist him with their advice, which they do sitting in their seats, covered, to avoid the appearance of debate; but this [212J Jefferson's manual. §§ 501-508. can only be with the Speaker's leave, else the division might last several hoiu-s. 2 Hats., 11,3. In the House of Representatives any Member advising the Speaker would rise and give advice standing under Rule XIV, § 1. The voice of the majority decides; for the Ux majoris partis is the law of all councils § 601. Decision ''J' , . „ i ' voice of majority; eloctions, &c., whero not otherwiso ex- pressly provided. Hakew., 93. But if the House be equally divided, semper presumatur pro negante; that is, the former law is not to be changed but a majority. Towns., col. 134. The House of Representatives provides also by rule that in all cases of tie vote the question shall be lost. The House of Representatives, however, requires a two-thirds vote on a motion to suspend the rules (Rule XXVII, § 1) and te ' °' ^ ^ on a motion to dispense with Calendar Wednesday, and the Constitution of the United States requires two-thirds votes for passing vetoed bills, removing political disabilities, and passing resolutions proposing amendments to the Constitution. When from counting the House on a division it § 503. Business appcars that there is not a quorum, fZurfofV' *'" the matter continues exactly in the quomm. statc lu which it was before the divi- sion, and must be resumed at that point on any future day. B Hats., 126. * In the House of Representatives the failure of a quorum necessitates the suspension of even the most highly privileged business (IV, 2934), and debate as well (IV, 2935-^2949); and there must be a quorum before the House may proceed (IV, 2952, 2953). Even in the closing hours of a Con- gress business has been stopped by the failure of a quorum (V, 6309). [213] Jefferson's manual. |§ 604-606. 1606, May 1, on a question whether a Member s 504. Change of havlng said yea may afterwards sit a vote. a^njj change his opinion, a precedent was remembered by the Speaker, of Mr. Morris, at- torney of the wards, in 39 Eliz., who in like case changed his opinion. Mem. in Hakew., 27. The House of Representatives is governed in this respect by the practice under Rule XV, § 1. SEC. XLII. TITLES. After the bill has passed, and not before, the title may be amended, and is to be fixed by §606. Amend- •' . i /i i -ii • ,1 j. / inents to the title a question; and the bui is tnen sent to the other House. The House of Representatives by Rule XIX embodies this principle with an additional provision as to debate. SEC. XLIII. — RECONSIBERATION. 1798, Jan. A bill on its second reading being § 506. Early amended, and on the question whether senate practice .^ ^^^^ ^^ ^^^^ ^ ^j^j^^ ^.^^ Uegatlved, reconsideraHon. ^^^^ restored by a decision to reconsider that question. Here the votes of negative and recon- sideration, like positive and negative quantities in equation, destroy one another, and are as if they were expunged from the journals. Consequently the bill is open for amendment, just so far as it was the moment preceding the question for the third reading; that is to say, all parts of the bill are open for amend- ment except those on which votes have been already [214] JEFFERSON'S MANUAL. §§ 507,608. taken in its present stage. So, also, it may be recom- mitted. The rule permitting a reconsideration of a question affixing to it no limitation of time or circumstance, it may be asked whether there is no limitation? If, after the vote, the paper on which it is passed has been parted with, there can be no reconsideration, as if a vote has been for the passage of a bill and the bill has been sent to the other House. * But where the paper remains, as on a bill rejected, when or under what circumstances does it cease to be susceptible of reconsideration? This remains to be settled, unless a sense that the right of reconsideration is a right to waste the time of the House in repeated agitations of the same question, so that it shall never know when a question is done with, should induce them to reform this anomalous proceeding. The House of Representatives provides for reconsideration by Rule XVIII, § 1. In ParUament a question once carried can not be questioned again at the same session, L??'law"8*r°' but must stand as the judgment of reconsideration. ^■^^ HousB. TovMS., col. 67; Mem. in Hakew., 55. * * * * * * And a bill once rejected, another of the same substance can not be brought in 1 508. A bill once ^ . tt l ^ r-n rejected not to be agam the Same session. Hakew., lbs; at'Z'same'""' 6 Gvey, 392. But this does not extend session. ^^ prcvout putting the same question in different stages of a bill, because every stage [2151 Jefferson's manual. § 509. of a bilt submits the whole and every part of it to the opinion of the House as open for amendment, either by insertion or omission, though the same amendment has been accepted or rejected in a former stage. So in reports of committees, e. g., report of an address, the same question is before the House, and open for free discussion. Towns., col. 26; 2 Hats., 98, 100, 101. So orders of the House or instructions ,to committees may be discharged. So a bill, begun in one House and sent to the other and there re- jected, rnay be renewed again in that other, passed, and sent back. 76., 92; 3 Hats., 161. Or if, instead of being rejected, they read it once and lay it aside or amend it and put it off a month, they may order in another to the same effect, with the same or a different title. Hakew., 97, 98. In the House of Representatives, with its rule for reconsideration, there is rarely, if ever, an attempt to bring forward a bill once rejected at the same session. An instance occurred in 1856, however (IV, 3384), and on March 9, 1910, the House declined to consider a bill brought forward after a rejection. Divers expedients are used to correct the effects § 509. Expedients of this Tule, as, by passing an explana- ett'ctofbufsMce tory act, if anything has been omitted passed. oj. ill expressed, 3 Hats., 278, or an act to enforce and make more effectual an act, &c., or to rectify mistakes in an act, &c., or a committee on one bill may be instructed to receive a clause to rectify the mistakes of another. Thus, June 24, 1685, a [216] Jefferson's manual. §§ 510,611. clause was inserted in a bill for rectifying a mistake committed by a clerk in engrossing a bill of supply. 2 Hats., 194, 6. Or the session may be closed for one, two, three, or more days and a new one com- menced. But then all matters depending must be finished, or they fall, and are to begin de novo. 2 Hats., 94, 98. Or a part of the subject may be taken up by another bill or taken up in a different way. 6 Grey, 8O4, 316. And in cases of the last magnitude this rule has not 1 510. Exceptions t)een SO strictly and verbally observed b"ri^*8^™nVr*°'' ^® *° ®*°P indispensable proceedings matter once altogether. 2 Hats., 92, 98. Thus when the address on the preliminaries of peace in 1782 had been lost by a majority of one, on apcount of the importance of the question and smallness of the majority, the same question in sub- stance, though with some words not in the first, and which might change the opinion of some Members, was brought on again and carried, as the motives for it were thought to outweigh the objection of form. 2 Hats., 99, 100. A second bill may be passed to continue an act of § 511. Passage ^^^ Same sesslon or to enlarge the time of supplementary limited for its executiou. 2 Hats., 95, Mis. r_. . . . ,. . ' : 98. This IS not m contradiction to the first act. The House of Representatives has by a joint resolution corrected an error in a bill that had gone to the President (IV, 3519). 69373°— 12 15 [217] jeffeeson's manual. §§ 512-514. SEC. XLIV. BILLS SENT TO THE OTHEB HOUSE. ,,,„,, A bill from the other House is some- § 612. Laying on the table Mils from times Ordered to lie on the table. 2 the other House. _., Hats., 97. This principle is recognized in the practice of the House of Representa- tives, both as to Senate bills (IV, 3418, 3419; V, 5437), and as to House bills returned with Senate amendments (V, 5424, 6201-6203). When bills passed in one House and sent to the § 518. Requests other are grounded on special facts for Information . • c 'i. • 1 •j.'X^ u from the other requiring proof, it IS usual, either by Honse. ^ mcssago or at a conference, to ask the grounds and evidence, and this evidence, whether arising out of papers or from the examination of witnesses, is immediately communicated. 3 Hats., 48. The Houses of Congress transmit with, bills accompanying papers, which are returned when the bills pass or at final adjournment (V, 7259, footnote) . Sometimes one House has asked, by resolution, for papers from the files of the other (V, 7263, 7264). Testimony is also requested (III, 1855). SEC. XLV. AMENDMENTS BETWEEN THE HOUSES. When either House, e. g., the House of Commons, § 514. pariiamen- Send a bill to the other, the other may tolil^eetag!"' P^^^ ^^ ^^^^ amendments. The regu- insisting, and lar progressiou in this case is, that the Commons disagree to the amendment; the Lords insist on it; the Commons insist on their disagreement; the Lords adhere to their amendment; the Commons adhere to their disagreement. The term of insisting may be repeated as often as they choose to keep the question open. But the first adherence [218] Jefferson's manual. § 615. by either renders it necessary for the other to recede or adhere also; when the matter is usually suffered to fall. 10 Grey, I48. Latterly, however, there are in- stances of their having gone to a second adherence. There must be an absolute conclusion of the subject somewhere, or otherwise transactions between the Houses would become endless. 3 Hats., 268, 270. The term of insisting, we are told by Sir John Trevor, was then (1679) newly introduced into parliamentary usage by the Lords. 7 Grey, 94. It was certainly a happy innovation, as it multiplies the opportunities of trying modifications which may bring the Houses to a concurrence. Either House, however, is free to pass over the term of insisting, and to adhere in the first instance; 10 Grey, I46; but it is not respectful to the other. In the ordinary parliamentary course there are two free conferences, at least, before an ad- herence. 10 Grey, 147. Tke House of Representatives and the Senate follow the principles set forth in this paragraph of the parliamentary law, and sometimes dispose of differences without resorting to conferences (V, 6165). Where both Houses insist and neither ask a conference or recede the bill 8 515 insistine fails (V, 6228). Also when both Houses adhere the bill and adhering In fails (V, 6163, 6313, 6324, 6325) even thoilgh the differ- the practice of the ence may be over a very slight amendment (V, 6233- ''**"™' 6240). In rare instances in Congress there has been immediate adherence on the first disagreement (V, 6303); but this does not preclude the granting of the request of the other House for a conference (V, 6241-6244). Sometimes the House recedes from its disagreement as to certain amendments and adheres as to others (V, 6229). One House having adhered, may at the next stage vote to further adhere (V, 6251). Sometimes also the House recedes from adherence (V, 6252, 6401) or reconsiders its action of adherence (V, 6253); after which it has agreed to the amendment with or without amendment (V, 6253, 6401). [219] Jefferson's manual. §§ 516-518. Either House may recede from its amendment and agree to the bill; or recede from their Ly*iaw a's tT'°" disagreement to the amendment, and receding. ^^^^ ^^ ^^^ ^^^^ absolutely, or with an amendment; for here the disagreement and reced- ing destroy one another, and the subject stands as before the disagreement. Elysnge, 23, 27; 9 Grey, 476. In the practice of the two Houses of Congress the motion is to recede from the amendment without at the same time agreeing th^HousTarto"' to t^e bill, for the bill has already been passed with receding from Its the amendmeAt, and receding from the amendment own amendment leaves the bill passed (V, 6312). One House has to a bill of the receded from its own amendment after the other House '*"''"' had returned it concurred in with an amendment (V, 6226). Where one House has receded from an amendment, it may not at a subsequent stage recall its action in order to form a new basis for a conference (V, 6251). Sometimes on6 House has receded from its amend- ment although it had previously insisted and asked a conference which ha,d been agreed to (V, 6319). By receding from its disagreement to an amendment of the Senate the House does not thereby agree to it (V, 6215); but the § 518. Practice o; „ , , 4. • *i, j. j * the House as to Senate amendment is then open to amendment pre- recedlng from cisely as before the original disagreement (V, 6212-6214). disagreement to The stage of disagreement having been reached, the "ttM^n'ase*'^ ""' ittotio'i to recede and concur takes precedence of the motion to recede and concm: with an amendment (V, 6219-6223); but a motion to recede and concur is divisible, and beiag divided and the House having receded, a motion to amend has precedence of the motion to cone or (V, 6209-6211) . The motion to recede and concur in a Senate amendment with an amendment takes precedence of a motion to insist further on the House's disagreement to the Senate amendment (V, 6224). It has been held that after the previous question has been moved on a motion to adhere a motion to recede may not be made (V, 6310); but where the previous question has been demanded on a motion to insist, a motion to recede and concur has been admitted (V, 6208, 6321a). [220] Jefferson's manual. § 619. But the House can not recede from or insist on its own amendment, with an amendment; § 519. One House « , i . , not to recede from f or the Same reasou that it can not send its own amend- ^ ^i it xx i t i mentwithan to tho othor Houso an amendment to TpTrtrm ;™ its own act after it has passed the act. fixed by They may modify an amendment from the other House by ingrafting an amendment on it, because they have never assented to it; but they can not amend their own amendment, because they have, on the question, passed it in that form. 9 Grey, 363; 10 Grey, 24.O. In Senate, March 29, 1798. Nor where one House has adhered to their amendment, and the other agrees with an amend- ment, can the first House depart from the form which they have fixed by an adherence. In the case of a money bill, the Lords' proposed amendments become, by delay, confessedly necessary. The Commons, however, refused them, as infringing on their privilege as to money bills; but they offered themselves to add to the bill a proviso to the same effect, which had no coherence with the Lords' amendments;; and lu-ged that it was an expedient warranted by precedent, and not unparliamentary in a case become impracticable, and irremediable in any other way. 3 Hats., 266, 266, 270, 271. But the Lords refused, and the bill was lost. 1 Chand., 288. A like case, t Chand., 311. * * * In the House o£ Representatives it is a recognized principle that the House may not recede from its own amendments with an amendment (V, 6216-6218). [221] JEFrERSON'S MANUAL. * * * So the Commons resolved that it is unpar- § 520 Text to liamentary to strike out, at a conference, which both anything in a bill which hath been agreed not to be agreed and passed by both Houses. ehanged. ^ ^^^^ ^^^. ^ (JJ^^^^ g^^. The practice of the two Houses has confirmed this principle of the parlia- mentary law and established the rule that managers of a conference ma,y not change the text to which both Houses have agreed (V, 6417, 6418, 6420), and either House alone may not, by instructions, empower the managers to make such change (V, 6388). In the earlier practice, when it was necessary to change the text already agreed to, the managers appended a supplementary paragraph to their report, and this was agreed to by unanimous consent in the two Houses (V, 6433-6436); but in the later practice it has been found a more effective method for the two Houses to agree to a concurrent resolution giving to the managers the necessary powers (V, 6437-6440). In the House such a resolution would be presented by unanimous consent, under suspen- sion of the rules, or on seport from the Committee on Rules. The further principle has been established in practice of the House of Representatives that it may not, even by unanimous consent (V, 6179), change in the slightest particidar (V, 6181) the text to which both Houses have agreed (V, 6180) . And this prohibition extends, also, to a case wherein it is proposed to add a new section at the end of a bill which has passed both Houses (V, 6182). § 521. Precedence A motiou to amend an amendment o'veTmotton to"™* ^^^^ ^^^ other Housc takes precedence agree or disagree. of a motion to agree or disagree. This is the rule of the two Houses of Congress (V, 6164, 6169-6171). A bill originating in one House is passed by the § 522. Degree of othcr With au amendment. Ctwetn ae The Originating House agrees to their Houses. amendment with an amendment. The other may agree to their amendment with an amend- ment, that being only in the 2d and not the 3d degree; for, as to the amending House, the first [222] Jefferson's manual. § S23. amendment with which they passed the bill is a part of its text. It is the only text they have agreed to. The amendment to that text by the originating House therefore is only in the 1st degree, and the amend- ment to that again by the amending House is only in the 2d, to wit, an amendment to an amendment, and so admissible. Jpst so, when, on a bill from the originating House, the other, at its second reading, makes an amendment; on the third reading this amendment is become the text of the bill, and if an amendment to it be moved an amendment to that amendment may also be moved, as being only in the 2d degree. This principle is followed ia the practice of the House of Representatives (V, 6167, 6177, 6178). SEC. XL VI. CONFERENCES. It is on the occasion of amendments between the Houses that conferences are usually § 523. PaiUamen- ■,■,-, i i i i • 11 tary law as to ask- asked; but they may be asked in all tag conferences. ^^^^^ ^^ difference of opiuiou between the two Houses on matters depending between them. The request of a conference, however, must always be by the House which is possessed of the papers. S Hats., 31; 1 Grey, 4^5. The House of Representatives follows the principles set forth in this paragraph of the parliamentary law. A conference may be asked on only a portion of the amendments in disagreement, leaving the differences as to the remainder to be settled by the action of the two Houses them- selves (V, 6401). In very rare instances conferences have been asked by one House after the other has absolutely rejected a main proposition [223] JEFFERSON'S MANUAL. §§ 624-527. (IV, 3442; V, 6258). A difference' over an amendment , to a proposed constitutional amendment may be committed to a conference (V, 7037). While conferences between the two Houses of Congress are usually held . ,„, „ , over differences as to amendments to bills, occasionally §524. Confer- . , ^. j.- £ ences overmatters differences arise as to the respective prerogatives of other than differ- the Houses (II, 1485-1495) or as to matters of procedure encesasto (y^ 6401), as in iihpeachment proceedings (III, 2304), amendments. which are referred to conference. And in early, and exceptional instances conferences- have been asked as to legislative matters when no propositions relating thereto were pending (V, 6255-6257). In very rare cases, also, the Houses;interchange views and come to 5 525. Confer- conclusions by means of select committees appointed ences by means on the part of eaci House (VI, 3). Thus, in 1821, a of select com- joint committee was chosen to consider and report '"'*'***• to the two Houses whether or not.it was expedient to consider and report whether or not Missouri should be admitted to the Union (IV, 4471), and in 1877 similar committees were appointed to devise a method for counting the electoral vote (III, 1953). The parliamentary law provides that the request for a conference must always be by the House which is possessed of the papers. § 526. Bequests It was formerly the more regular practice for the House disagreeing to amendments of the other to leave the asking of a conference to that other House if it should decide to insist (V, 6278-6285, 6324); but it is so usual in the later practice for the House dis- agreeing to an amendment of the other to ask a conference that an omission to do so has even raised a question (V, 6273). Yet it can not be said that the practice requires a request for a conference to be made by the House disagreeing to the amendments of the other (V, 6274-6277). ^ One House having asked a conference at one session, the other House may agree to the conference at the next session of the same Congress (V, 6286). In rare instances one House has decHned the request of the other for a s 627 Eeanests conference (V, 6313-6315), sometimes acc6mpanying it for conferences by adherence (V, 6313, 6315). In one instance, where declined or the Senate declined a conference, it transmitted, by neglected. message, its reasons for so doing (V, 6313). Sometimes, also, one House disregards the request of the other for a conference and recedes, from its disagreement, thereby rendering a conference unnecessary (V, 6316-6318). And in one case, where one House had asked a conference to which the other had assented, the asking House receded before the con- ference took place (V, 6319). Also, a bill returned to the House with a request for a conference has been postponed indefinitely (V, 6199). [224] Jefferson's manual. §§ 528-630. The motion to ask a conference is distinct from motions to agree or dis- agree to amendments of the other House (V, 6268) and request"""""' *" ^^ ^°^ '° °^^^^ ^^^^^ *^® ^°^^ ^^ disposed of the pref er- rerences. ential motions to ag»ee, recede, or insist (V, 6269, 6270). Where a conference results in disagreement, a motion for a new conference is privileged (V, 6586). Where a motion to request a conference is rejected, it may not be repeated at the same stage, even though a recess of Congress may have intervened (V, 6325). Sometimes disagree- ments are voted on by the House and copf erences asked through the medium of special orders (IV, 324^249). While usual, it is not essential that one House, in asking a conference, transmit the names of its managers at l^e same time o/'onfe^TcTs"' (V> 6405). The managers, properly so called (V, 6335), constitute practically two distinct committees, each of Which acts by a majority (V, 6334). They are usually three in number from each House (V, 6336); but in the absence of joint rules each House may appoint wiatever numbers it sees, fit (V, 6328-6330, 6405), the Speaker in the House frequently fixing the number (V, 6336), Instances have occurred where one House has appointed three managers and the other a greater num- ber (V, 6331-6333). The Speaker appoints the managers in the House (Rule X, § 2), selecting them so as to represent the attitude of the majority and minority of the House_ on the disagreements in issue (V, 6336-6338); and while it is usual td represent the party divisions of the House the repre- sentation of opinions as to the pending differences is rather the more impor- tant consideration (V, 6339, 6340). In appointing managers the Speaker usually cohsults the Member in charge of the "bill (V,\6327), and selects the managers from the committee which reported the bill (V, 6336); but where the committee which has charge holds to an attitude to which the House disagrees the managers have been appointed to reflect the views of the House (V, 6369). While the major part of the managers represent the majority view of the House, while a minority manager represents the minor- ity, in one instance, when the prerogatives of the House were involved, aU the managers were selected to represent the majority opinion (V, 6338). Where there were several conferences on a "bill, it was the early practice 5 630. Reappoint- ^° change the managers at each conference (V, 6288- ment of, at second 6291, 6324), and so fixed was this practice that their and subsequent rea,ppointment had a special significance, indicating an conferences. unyielding temper (V, 6352-6368) ; but in the later prac- tice it is the rule to reappoint managers (V, 6341-6344) unless a change be necessary to enable the sentiment of the House to be represented (V, 6369). [225] Jefferson's manual. §§ 681-538. Managers of a conference are excused from service only by authority of the House (V, 6373-6376); but the absence of a manager § 531. Vacancies, causes a vacancy which the Speaker fills by appoint- o'/conferenceT" ^^ent (V, 6374). Where one House makes a change in its managers, it informs the other House, by message (V, 6377, 6378). According to the later practice the powers of manageiH - who have not reported do not expire by reason of the termination of a ses- sion of Congress, unless it be the last session (V, 6260-6262). Conferences may be either simple or free. At a § 582. pariiamen. Conference simply written reasons are fteTindL*pie prepared by the House asking it, and conferences. ^.j^gy ^^q ■j.q^^ ^^^ delivered, without debate, to the managers of the other House at the cbnference, but are not then to be answered. 4 Grey, 144- The other House then, if satisfied, vote the reasons satisfactory, or say nothing; if not satisfied, they resolve them not satisfactory and ask a con- ference on the subject of the last conference, where they read and deliver, in Uke manner, written answers to those reasons. 3 Grey, 183. They are meant chiefly to record the justification of each House to the nation at large and to posterity and in proof that the miscarriage of a necessary measmre is not im- putable to them. 3 Grey, 255. At free conferences the managers discuss, viva voce and freely, and inter- change propositions for such modifications as may be made in a parliamentary way, and may bring the sense of the two Houses together. * * * This provision of the parliamentary law'bears little relation to the modem § 588. Free and practice of the two Houses of Congress, and that prac- simpie confer- tice has evolved a new definition: "A free conference ences In modem ig that which leaves the committee of conference en- practlce. tirely free to pass upon any subject where the two branches have disagreed in their votes, not, however, including any action [226] Jefferson's mantjal. §§ 584. upon any subject where there has been a concurrent vote of both branches. A simple conference — ^perhaps it should more properly be termed a strict or a specific conference, though the parliamentary term is "simple" — is that which confines the committee of conference to the specific instruc- tions of the body appointing it" (V, 6403). And where the House had asked a free conference it was held not in order to instruct the managers (V, 6384). But it is very rare for the House in asking a conference to specify whether it shall be free or simple. In their practice as to the instruction of managers of a conference the House of Representatives and the Senate do not agree. § 584. Instruction Qnly in rare instances has the Senate instructed of managers of a „, \,„„„> , ^, . . ., . conference. ( * ' 6398), and these instances are at variance with its declaration, made after full consideration, that mana- gers may not be instructed (V, 6397). And where the House has instructed its pianagers, the Senate has declined to participate and asked a free con- ference (V, 6402-6404). In the later practice the House does not inform the Senate when it instructs its managers (V, 6399), the Senate having objected to the transmittal of instructions by message (V, 6400, 6401). In one instance wherein the Senate learned indirectly that the House had instructed its managers it declared that the conference should be full and free, and instructed its own managers to withdraw if they should find the freedom of the conference impaired (V, 6406). But the House of Representatives holds to the opinion that the House may instruct its managers (V, 6379-6382), although the propriety of doing so at a first con- ference is open to serious doubt, (V, 6388, footnote). And in rare instances where a free conference is asked instruction is not in order (V, 6384). At a new conference the instructions of a former conference are not in force (V, 6383). And instructions may not direct the managers to do that which they might not otherwise do (V, 6386, 6387), as to effect a change in part of a bill not in disagreement (V, 6391-6394), or change the text to which both Houses have agreed (V, 6388). Although managers may disregard instructions, their report may not for that reason be ruled out of order (V, 6395). The motion to instruct managers should be offered after the vote to ask for or agree to a conference and before the managers are appointed (V, 6379-6382). The motion to instruct may be amended unless the pre- vious question be ordered (V, 6525). [227] JEFFERSON'S MANUAL. §§ 535-638. * * * And each party reports in writing to ,,,, „ „ their respective Houses the substance § 5S5. Parllamen- ^ i • i i • • taryiawasto of what is Said ou both Sides, and it is m^Igewofa entered in their journals. 9 Grey, 220; conference. ^ ^^^^^ ^gg^ rpj^-^ ^.^-^qj.^ g^n UOt be amended or altered, as that of a committee may be. Journal Senate, May 24, 1796. In the two Houses of Congress conference' reports were originally merely suggestions for action and were neitlier identical in § 536. Forms of ^g ^.^q Houses nor acted on as a whole (V, 6468-6471). reports" ^^ ^^^ Housp of Representatives, Rule XXVIII, pro- vides that conference reports may be received at any time, except when the Journal is being read, while the roll is being called or the House is dividing. The early reports were not signed by the mana- gers (IV, 3905) ; but in the later practice the signatures of the majority of the managers of each House is required (V, 6497-6502). Sometimes a manager indorses the report with a conditional approval or dissent (V, 6489-6^6, 6538). The name of an absent manager may not be affixed, but the two Houses by concurrent action may authorize him to sign the report after it has been acted on (V, 6488). The minority portion of the managers of a conference have no authority to make either a written or verbal report concerning the conference ("V, 6406). In the later practice reports of mana- gers are identical, and made in duplicate for the two Houses, the House managers signing first the report for their House and the Senate managers signing the other report first (V, 6323, 6426, 6499, 6500, 6504). Under certain circumstances managers may report an entirely new bill on a sub- ject in disagreement, but this bill is acted on as part of the report (V, 6465- 6467). Managers may report an agreement as to a portion of the amendments § 537. Partial con- in disagreement, leaving the remainder to be disposed ference reports. of by subsequent action (V, 6460-6464). Where managers of a conference are unable to agree, or where a report is disagreed to in either House, another conference is taabUlty*to a«ree. usually asked (V, 6288-6291). When managers report that they have been unable to agree, the report is not acted on by the House of Representatives (V, 6562) . In the earlier practice reports of inability to agree were made verbally or by unsigned written [228] jeffekson's manual. ' §§ 639-542. reports (V, 6563-6567) ; but in later practice they are written, in identical form, and aigned by the managers of the two Houses (V, 6568, 6569). The managers of a conference must confine themselves to the differences I 539. Managers committed to them (V, 6417, 6418), and may not include restricted to the subjects not within the disagreements (V, 6407, 6408), disagreements of even though germane to a question in issue (V, 6419). the two Houses. g^^ ^j^^y. ^^^ perfect amendments committed to them if they do not in so doing go beyond the differences (V, 6409-6413). Thus, where an amendment providing an appropriation to construct a road had been disagreed to, it was held in order to report a provision to provide for a survey for the road (V, 6425). Managers may not change the text to which both Houses have agreed (V, 6417, 6418, 6420, 6433-6436). But where the amendment in issue strikes out all of the bill after the enacting clause and substitutes a new text, the managers have the whole subject before them and may exercise a broad discretion as to details (V, 6424) and may even report an entirely new bill on the subject (V, 6421-6423. Speaker Clark, 62d . Cong., first sess., p. 4066, Aug. 14, 1911). In the House of Representatives, in the later practice, the Speaker may 5 540 Remedy " '"^^^ °^* ^ conference report if it be shown that the man- where managers agers have exceeded their authority (V, 6409, 6410, 6414- exceed their 6416) . In the Senate the Chair does not rule out conf er- anthorlty. ence reports; but the Senate itself expresses its opinion on the vote to agree to the report (V, 6426-6432). In the House points of order against reports are made or reserved after the report is read and before the reading of the statement (V, 6424, 6441), or consideration begins ("V, 6903-6905), or the report has been agreed to (V, 6442). Before managers of a conference may report the other House must be noti- fied of their appointment and a meeting must be held § 541. Meeting (y^ 6458). Conferences are generally held in the Senate and action of portion of the Capitol, and with closed doors, although in rare instances Members and others have been ad- mitted to make arguments (V, 6254, footnote, 6263). Rarely, also, papers in the nature of petitions have been referred to managers (V, 6263). The managers of the two Houses vote separately (V, 6336). The report of the managers of a conference goes : first to one House and . =^» . 4.. _ „„ „ then to the other, neither House acting until it is in § 542. Action on a _ , , • i • i ' T . . i , -,, conference report possession of the papers, which means the orlgmal bill in the two Houses. and amendments, as well as the report (V, 6322, 6518- 6522, 6586). The report must be acted on as a whole, being agreed to or disagreed to as an entirety (V, 6472-6480, 6530-6533); and until the report has been acted on no motion to deal with the individual amendments is in order (V, 6323, 6389, 6390). While ordinarily reports are agreed to by [229] JEFFERSON S MANUAL. §§ 54S-6«e. majority vote, a two-thirds vote is required on a report relating to a consti- tutional amendment (V, 7036). In a case wherein a report provided that the House recede from an amendment', which was the only matter in dis- agreement, and the House agreed to the report, the presiding officers signed the bUl, although the Senate had not acted on the report (V, 6587). A con- ference report being made up but not acted on at the expiration of a Con- gress, the bUl is lost (V, 6309). One House has, by message, reminded the other of its neglect to act on a conference report; but this was an occasion of criticism (V, 6309). When a conference report is presented, the question on agreeing is re- § 548. Motions in garded as pending (V, 6517), and as the negative of it order dnrlng is equivalent to disagreement, the motion to disagree action on a is not admitted (II, 1473). The reading of the amend- conference report. ments to which the report relates is not in order during its consideration (V, 5298). The report may not be amended on motion made in either House alone (V, 6534, 6535), but amendment is sometimes made by concurrent action of the two Houses (V, 6536, 6537). A motion to refer to a stamding committee (V, 6558) or to lay on the table is not enter- tained in the House (V, 6538-6544); and a conference report may not be sent to Committee of the Whole on suggestion that it contains matter ordi- narily requiring consideration in that committee (V, 6559-6561). It is in order on motion to recommit a conference report if the other body, by action on the report, have not discharged their managers (V, 6545-6553, 6609), and by concurrent action of the two Houses a report has been recommitted after one House had acted on it, but such a proposition would not be priv- ileged in the House (V, 6554r-6557). When either House disagrees to a conference report the matter is left in the position it was in before the conference was asked § 544. Effect of (y, 6525), and the amendments in disagreement come c?nZrrep„rt! ^P ^°' ^^^^' ^^'^°^ ("> 1473), but do not return to the state they were in before disagreement, so that they may be required to go to Committee of the Whole (V, 6589). A conference may be asked, before the House § 645. Custody of ^sking it has come to a resolution of lontexenc^V disagreement, insisting or adhering. 3 asked before Httts., 269, S^l. In which case the ■disagreement. , i <., .,, , papers are not left with the other con- ferees, but are brought back to be the foundation of the vote to be given. And this is the most reasonable [230] Jefferson's manual. §§ 616,547. and respectful proceeding; for, as was urged by the Lords on a particular occasion, " it is held vain, and below the wisdom of Parliament, to reason or argue against fixed resolutions, and upon terms of impos- sibility to persuade." 3 Hats., 226. * * * In the Houses of Congress conferences are sometimes asked 'before a disa- greement, and while the rule as to retention of the papers undoubtedly holds good, neglect to observe it has not been questioned (V, 6585). * * * So the Commons say, "an adherence is § 546. Relations ^^^ver delivered at a free conference, of adherence and wMch Implles debate." 10 Grey, 137 conference nnder * i . oi • the parliamentary And ou another occasiou the Lords made it an objection that the Commons had asked a free conference after they had made resolutions of adhering. It was then affirmed, how- ever, on the part of the Commons that nothing was more parliamentary than to proceed with free con- ferences after adhering, 3 Hats., 269, and we do in fact see instances of conference, or of free conference, asked after the resolution of disagreeing, 3 Hats., 251, 263, 260, 286, 291, 316, 349; of insisting, ih., 280, 296, 299, 319, 322, 366; of adhering, 269, 270, 283, 300; and even of a second or final adherence. 3 Hats., 270. * * * The two Houses not observing the parliamentary distinctions as to free and other conferences, their practice in case of adher- § 547. Be a ons ^^^^ j ^j^^ different. Conferences are not asked after of adherence and , , , „ , , , , conference nnder ^^ adherence by both Houses, but nave often been the practice of the asked and granted where only one House has adhered two Houses of (V, 6241-6244). A vote to adhere may not be accom- Congress. panied by a request for a conference (V, 6303), as the House that votes to adhere does not ask a conference (V, 6304-6308). The request for a conference in such a case is properly accompanied by a motion [231] Jefferson's manual. §§ 61$r6S0. to ingigt (V, 6308). And the House that .has adhered may insist, on its adherence when it agrees to the conference (V, 6325), or it may recede from its adherence and agree to the conference (V, 6251). But it is not con- sidered necessary either to recede or insist before agreeing to the conference (V, 6242, 6244, 6310, 6311). * * * And in all cases of conference asked after a §548. cnstodrof vote of disagreement, &c., the conferees 'effecttve""^'*'*" of the House asking it are to leave the conference. « papers with the conferees of the other; arid in one case where they refused to receive them they were left on the table in the conference chamber. lb., 271, 317, 323, 354; 10 Grey, I46. This principle of the parliamentary law is recognized as of effect in the ,.. „ ^ ^ , two Houses of Congress, and is always followed in cases § 549. Custody of , . ^, j- ,li_ / ^ papers when wherem the managers of the conference come to an managers of a agreement on which a repoit may be based. If con- conference fall to ferees of House agreeing to conference surrender papers ''^™°' to House asking conference,, report can be received first by House asking the conference. (Speakei; Clark, 62d Cong., 1st sess., Cong. Rec, p. 4028.) But where a conference breaks up without reaching any agreement the managers for the House which asked- the conference, who have the papers by right, are justified in retaining them and carryiag them back to the House (IV, 3905 footnote, V, 6246, 6254, 6571-6584). And in one case wherein under such circumstances the papers were taken back to the Senate, which was the body agreeing to the conference, the Senate after consideration sent them to the House, since it seemed proper for the asking House to take the first action (V, 6573). But sometimes managers have brought the papers to the agreeing House without question (V, 6239, footnote). After a free conference the usage is to proceed with . ..„ ^ . free conferences and not to return again § 560. Free or In- ° stmcted confer. to & couference. 3 Hats., 270; 9 Grey, 229. After a conference denied a free conference may be asked. 1 Grey, 45. The House of Representatives instructs its managers whenever it sees fit, without regard to whether or not the preceding conference has been free or instructed. [232] jbppebson's manual. §§ S51,552. When a conference is asked, the subject of it must 1561. pariiamen. ^e expiessed or the conference not tary law as to pur. agreed to. Ovd. H. Covi., 89; 1 Grey, poses for which ° ^^ n-i, . conferences may 4^5; 7 Grey, 31. Ihey are sometimes be held. i i x • * • n* asked to inquire concerning an ottense or default of a member of the other House. 6 Grey, 181; 1 Chand., 304- Or the failure of the other House to present to the King a bill passed by both Houses. 8 Grey, 302. Or on information received and relating to the safety of the nation. 10 Grey, 171 . Or when the methods of Parliament are thought by the one House to have been departed from by the other a conference is asked to come to a right under- standing thereon. 10 Grey, 148. So when an un- parliamentary message has been sent, instead of an- swering it they ask a conference. 3 Grey, 155. For- merly an address or articles of impeachment or a biU, with amendments, or a vote of the House, or concur- rence in a vote, or a message from the King were sometimes communicated by way of conference. 6 Grey, 128, 300, 387; 7 Grey, 80; 8 Grey, 210, 256; 1 TorJmck's Deb., 278; 10 Grey, 293; 1 Chandler, 49, 287. But this is not the modern practice. 8 Grey, 255. § 552. Obsolete A coufereuce has been asked after the L"Cnrr first reading of a bill. 1 Grey, 194- first reading. T^ig jg a singular instance. The House of Representatives has no procedure conforming to this provision. » 69373°— 12 10 [233] 553-555. Jefferson's manual. sec. xlvii. — ^messages. § 553. Messages MessEges betwceu the Houses are to ':TZTL be sent only while both Houses are sitting. sitting. 3 Hatk., 15. * * * In the latest practice of the House of Representatives the parliamentary rule that messages are to be sent only when both Houses are sitting has been observed(V, 6603, 6604). . „^ „ * * * xhey are received during a § 554. Messages >' o received during debate without adjouming the debate, debate. „ j o . -r 3 Hats., 22. In the House of Representatives messages are received during debate, the Member having the floor yielding on request of the. Speaker. House receives message when Senate not in session. (Speaker Clark, June 13, 1911, 62d Cong., first sess., Cong. Rec. p. 1995.) In Senate the messengers are introduced in any 1565. Reception ^tate of busiucss, except: 1. While a of messages ouestiou is being put. 2. While the during voting. In -^ , . n i r. absence of a yeas and nays are being called. 3. qnoniin,ec. "While the ballots are being counted. The first case is short; the second and third are cases where any interruption might occasion errors difficult to be corrected. So arranged June 15, 1798. In the House of Representatives messages are not received while a ques- tion is being put, during a division by rising vote, or during a vote by tellers; but they are received during the call of the yeas and nays, during consideration of a question of privilege (V, 6640-6642), during a call of the House (V, 6600, 6650), and before the organization of the House (V, 6647- 6649). But the Speaker exercises his discretion about interrupting the pending business (V, 6602). [234] Jefferson's manual. §§ 556-558. In the House of Representatives, as in Parliament, § 650. Informal ^^ *^^ Housc be in coHunittee when a c:^i«eeoft.c messenger attends, the Speaker takes Whole to receive the chair to reccive the message, and a message. then quits it to rctm-n into committee, without any question or interruption. 4 Grey, 226. ...r, cw« Messengers are not saluted by the § 557. Salntatlon ■» ^ i i of messengers by Members, but by the Speaker for the the speaker. ^^^^^ 2 Grey, 253, 27 4- The practice pf the House of Representatives as to reception of messages is founded on this paragraph of the parliamentary law and on the former joint rules (V, 6591-6595). The Speaker, with a slight inclination, ad- dresses the messenger, by his title, after the messenger, with an inclination, has addressed "Mr. Speaker" (V, 6591). If messengers commit an error in delivering their § 558. Correction p^ssage, they may be admitted or called andretnmof in to correct theu" message. 4 Grey, 41- messages. Accordiugly, March 13, 1800, the Sen- ate having made two amendments to a bill from the House of Representatives, their Secretary, by mistake, delivered olie only, which being inadmissible by itself, that House disagreed, and notified the Senate of their disagreement. This produced a discovery of the mistake. The Secretary was sent to the other House to correct his mistake, the correction was received, and the two amendments acted on de novo. The request of the Senate that its Secretary be allowed to correct an error in a message was granted by order of the House (V, 6605), and in a similar case, when the House directed its clerk to correct an error in a [235] jkfferson's manual. §§ &g9-561. message to the Senate, the Senate agreed to the correction (V, 6607). In the House a proposition to correct an error in a message to the Senate is received as a question of privilege (III, 2613). One House sometimes asks of the other the return of a message (V, 6609-6611). As soon as the messenger who has brought bills from the other House has retired, the §559. Disposal of i .n • i • i messages after Speaker holds the bills in his hand, and recep on. acquaints the House "that the other House have by their messenger sent certain bills," and then reads their titles, and delivers them to the Clerk to be safely kept till they shall be called for to be read. Hakew., 178. In the House of Representatives the message goes to the Speaker's table, but the Speaker does not acquaint the House, as they have already heard the message. From the Speaker's table messages are disposed of under Rule XXIV, § 2. It is not the usage for one House to inform the other . =<.A . , « by what numbers a bill is passed. 10 § 560. Information '' . ^ by message as to Gvey, 150. Yet they have sometimes bills passed. , , i .n n , . recommended a bill, as oi great impor- tance, to the consideration of the House to which it ' is sent. 3 Hats., ^5. * * * The Houses of Congress do not communicate by what numbers a bill is passed, or otherwise recommend their bills. * * * Nor when they have rejected a bill §561. information ^^^^ ^he other House, do they give b7 message as to notlcc of it I but it passes sub silentio, rejection of bills. , . , . to prevent unbecoming altercations. 1 Blackst., 183. [236] JEFFERSON'S MANUAL. §§ 562-564. But in Congress the rejection is notified by message to the House in which the bill originated. In the two Houses of Congress th.e rejection of a bill is notified to the House in which the bill originated, as in the days of Jefferson, although the joint rule requiring it has disappeared (IV, 3422; V, 6601). And in a case wherein the House had stricken out the enacting words of a Senate bill, the Senate was notified that the bill had been rejected (IV, 3423). A question is never asked by the one House of the § 562. Questions other by way of message, but only at a ^n?erence,Bot confereucc; for this is an interrogatory, by message. not a message. 3 Grey, 151, 181. In 1798 the House of Representatives asked of the Senate a question by way of conference, but this appears to be the only instance (V, 6256). When a bill is sent by one House to the other, and § 568. Messages jg ueglected, they may send a message as to neglected . i i ^ . ^r ^ bills; to reijimd them oi it. 3 Hats., 26; 5 Grey, 164- But if it be mere inattention, it is better to have it done informally by communication between the Speakers or Members of the two Houses. It does not appear that either House of Congress has reminded the other of a neglected bill. Where the subject of a message is of a nature that 1 564. Messages it cau properly be communicated to ftomtiie ]-,Q^]j Houses of Parliament, it is ex- Presldent to the ' two Houses. pected that this communication should be made to both on the same day. But where a message was accompanied with an original declara- tion, signed by the party to which the message re- ferred, its being sent to one House was not noticed [237] jeffeeson's manual. §§ 565. by the other, because the declaration being original, could not possibly be sent to both Houses at the same time. 2 Hats., 260, 261, 262. The King having sent original letters to the Com- mons afterward desires they may be returned, that he may communicate them to the Lords. 1 Chand-r ler, SOS. A message of the President of the United States is usually communicated to both Houses on the same day when its nature permits (V, 6590); but an original document accompanying can, of course, be sent to but one House (V, 6616, 6617). The President having by inadvertence included certain papers in a message, was allowed to withdraw them (V, 6651) .» SEC. XLVIII. — ASSENT. The House which has received a bill and passed it 565 pariia- "'^y P^eseut it for. the King's assent, mentary law as to aud ought to do it, though they have presenting a bUl "=" .„ j , ,i ,i for the King's uot by mcssage notined to the other assent. their passage of it. Yet the notifying by message is a form which ought to be observed between the two Houses from motives of respect and good understanding. 2 Hats., 2^2, Were the bill to be withheld from being presented to the King, it would be an infringement of the rules of Parlia- ment. Ih. In the House of Representatives it was held that where there had been no imreasonable delay in transmitting an enrolled bill to the President, a resolution relating thereto did not present a question of privilege (III, 2601). a In House of Representatives, roll call is suspended at the discretion of the Speaker to receive messages from the President. [238J JEFFERSON S MANUAL. U 566-568. When a bill has passed both Houses of Congress, § 566. pariia- the House last acting on it notifies its raroumeinr*" passago to the other, and delivers the ""'"• bill to the Joint Committee of Enroll- ment, who sees that it is truly enrolled in parchment. When the bill is enrolled it is not to be written in paragraphs, but solidly, and all of a piece, that the blanks between the paragraphs may not give room for forgery. 9 Grey, 143. * * * Formerly the enrollment in the House of Representatives and the Senate . ^on ™ « . ■was in writing (IV, 3436, 3437); but in 1893 the two §567. Practice of _ , o \ > ' .' .-,,,,.„ the two Houses of Houses, by concurrent resolution, provided that bills Congress as to should be enrolled on parchment by printing instead enrollment of of by writing, and also that the engrossment of bills prior to sending them to the other House for action should be in printing (IV, 3433), and in 1895 this concurrent resolution was approved by statute (IV, 8435) . In the last six days of a session of Congress the two Houses, by concurrent resolution, may permit the enrolling and engrossing to be done by hand (IV, 3435, 3438) . Only in a very exceptional case have the two Houses waived the requirement that bills shall be en- rolled (IV, 3442). The enrolling clerk should make no change, however unimportant, in the text of a bill to which the House has agreed (III, 2598); but the two Houses m^y by concurrent resolution authorize the correction of an error when enrollment is made (IV, 3446-3450), and this seems a better practice than earlier methods by authority of the Committee on Enrolled Bills,(IV, 3444, 3445). * * * It is then put into the hands of the Clerk § 568. signing of of tho Houss of Representatives to have pre8e"ntetZ to"the ^^ sigued by the Speaker. The Clerk President. thou brings it by way of message to the Senate to be signed by their President. The Secre- tary of the Senate returns it to the Committee of Enrollment, who present it to the President of the United States. * * * [239] jeffebson's manual. S§ 669-571. The practice of the two Houses of Oongrees for the Bigning of enrolled bills was formerly governed by joint rules, and has continued since those ' rules were abrogated in 1876 (IV, 3430). The bills are signed first by the Speaker, then by the President of the Senate (IV, 3429). By unanimous consent where errors are found in enrolled bUls that have been signed, the two Houses by concurrent action may authorize the cancellation of the sig- natures and a reenrollment (IV, 3453-3459), and in the same way the signa- tures may be cancelled on a bill prematurely enrolled (IV, 3454). A Speaker pro tempore elected by the House (II, 1401) or whose designar . K»„ . x^ .^ tion has received the approval of the House (II, 1404), §569. Authority . „,,.„,-.,, , ,\ , / of pro tempore signs enrolled Dills; but a Member merely called to the presiding officers chair during the day (II, 1399, 1400), or designated in to sign enrolled writing^by the Speaker, does not exercise this function ••"'*• (II, 1401). The Senate, by rule, has empowered a presiding officer by written designation to sign enrolled bills (II, 1403). In early days a joint committee took enrolled bills to the President § 570. Presents- (^^' 3432); but in the later practice the chairman of tlon of enrolled the committee for each House presents the bills from his bills to the House, and submits from his committee daily a report President. ^f ^j^^ ^^yj^ presented for entry in the Journal (IV, 3431) . Enrolled bUls pending at the close of a session have, at the next session of the same Congress, been ordered to be treated as if no adjournment had taken place (IV, 3487, 3488). And enrolled bills signed by the presiding officers at one session have been, sent to the President and approved at the next session of the same Congress (IV, 3486). SEC. XLIX. JOUBNALS. * * * * ' * If a question is interrupted by a vote to adjourn, or 1 571. Obsolete to procecd to the orders of the day, the ent^of mottons Original questiou is never printed in the in the Journal. j Qumal, It never having been a vote, nor introductory to any vote; but when suppressed by the previous question, the first question must be stated, in order to introduce and make inteUigible the second. £ Hats., 83. This provision of the parliamentary law is superseded by Rule XVI, § 1. [240] Jefferson's manual. §§ 572-575. So also when a question is postponed, adjourned, or 5 572. Journal ^^^^ ^^ ^^6 table, the Original question, entries of ques- though not vet a vote, must be ex- Uons postponed, . . ^ ■^ or laid on the prcssed iu the journals, because it makes part of the vote of postponement, adjourning, or laying it on the table. In the House of Eepresentatives a question is not adjourned, except in the sense that it may be left to go over as unfinished business by reason of a vote to adjourn. Where amendments are made to a question, those amendments are not printed in § 578. Entry of . ^ e i amendments In the joumals, Separated from the ques- the Jonmal. •■ -t , tit j- />ii tion; but only the question as finally agreed to by the House. The rule of entering in the joumals only what the House has agreed to, is founded in great prudence and good sense, as there may be many questions proposed which it may be improper to pubhsh to the world in the form in which they are made. 2 Hats., 85. In the practice of the House of Representatives a motion to amend is entered on the Journal as any other motion, under Rule XVI, § 1. He :je * * * 1 674. Entry of The first Order for printing the votes of the Hons"™f of the House of Commons was October Commons. 30^ iggs. ^ Chandler, 387. Some judges have been of opinion that the jour- .Kn. ^ T nals of the House of Commons are § 575. The Jour- nal as an official no records, but only remembrances. record But this is not law. Hob., 110, 111; Lex. Pari, 114, 115; Jour. H. C, Mar. 17, 1692; [241] jeffeeson's manual. § 576. Hah, Pari., 106. For the Lords in their House have power of judicature, the Commons in their House have power of judicature, and both Houses together have power of judicature; and the book of the Clerk of the House of Commons is a record, as is affirmed by act of Pari., 6 H. 8, c. 16; U Inst., 23, 24; and every member of the House of Commons hath a judicial place. 4 Inst., 15. As records they are open to every person, and a printed vote of either House is sufficient ground for the other to notice it. Either may appoint a committee to inspect the journals of the other, and report what has been done by the other in any particular case. 2 Hats., 261; 3 Hats., 27-30. Every member has a right to see the journals and to take and publish votes from them. Being a record, every one may see and publish them. 6 Grey, 118, 119. The Journal of the House of Representatives is the official record of the proceedings of the House (IV, 2727), and certified copies are admitted as evidence ia the courts of the United States (IV, 2810). A Senate committee concluded that the Journal entries of a legislative body were conclusive as to all the proceedings had, and might not be contradicted by ex parte evidence (I, 563). On information of a misentry or omission of an §576. Correction entry vo. the journal, a committee may of the Journal i 'jij ■ i , • n * i throngh a DC appomted to examme and rectify it, committee. ^^^ v&^ovt it to the Housc. 2 Hats., 194, 196. [242] Jefferson's manual. §§ 577-579. SEC. L. ADJOURNMENT. The two Houses of Parliament have the sole, sepa- § 577. Pariia- ^^^^> ^^'^ independent power of ad- mentary law as to joximinff cach their respective Houses. adjoummeiit of " tt- i i • the Commons and ihc King has no authority to adjourn them; he can only signify his desire, and it is in the wisdom and prudence of either House to comply with his requisition, or not, as they see fitting. 2 Hats., 232; 1 Blackst., 186; 6 Grey, 122. ^Lt ^Lm %|^ fcl^ ^1^ A motion to adjourn, simply, cannot be amended, as by adding "to a particular day;" 1 578. Motion to •' = • i ., i ,• adjourn not to be but must be put Simply that this amended. -r-r i i * * i i * p House do now adjourn; and ii car- ried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolu- tion, " that at its rising it will adjourn to a particular day," and then the House is adjourned to that day. 2 Hats., 82. This rule is of effect in the modern practice of the House of Representa- tives (Rule XVI, § 4). Where it is convenient that the business of the 1 579. Motion for Housc be suspended for a short time, a^^^ss- as for a conference presently to be held, &c., it adjourns during pleasure; 2 Hats., 305; or for a quarter of an hour. 4 Grey, 331. An adjournment during pleasure is effected in the House of Representa- tives by a motion for a recess. A recess may not be taken by less than a quorum (IV, 2958-2960), and consequently the motion for it is not in order [243] JEFFERSON'S MANUAL. §§ 580,681. in the absence of a quorum (IV, 2955-2957). When the hour previously fixed for a recess arrives, the Chair declares the House in recess even in the midst of a division or when a. quorum is not present (Y, 6665, 6666); but a roll call is not in this way interrupted (V, 6054, 6055). Where a special order requires a recess at a certain hour of a certain day, the recess is not taken if the encroachment of a prior legislative day prevents the existence of the said certain day as a legislative day (IV, 3192). And an adjourn- ment at a time prior to the hour fixed for a recess vacates the recess (IV, 3283). A motion for a recess must, when entertained, be voted on, even though the taking of the vote may have been prevented until after the hour specified for the conclusion of the proposed recess (V, 6667). A Committee of the Whole takes a recess only by permission of the House (V, 6669-6671). The motion for a recess is not privileged (V, 5301, 5302, 6740) against a demand that business proceed in the regular order (V, 6663).« If a question be put for adjournment, it is no ad- iournment till the Speaker pronounces § 580. Adjourn- •" » i f ment prononnced it. 5 Grey, 137. And irom courtesy by the Speaker. ^ , i i i ■ i and respect, no member leaves his place till the Speaker has passed on. SEC. LI. — A SESSION. Parliament have three modes of separation, to wit : § 581. Sessions of by adjournment, by prorogation or dis- pariiament. solutiou by the King, or by the efflux of the term for which they were elected. Prorogation or dissolution constitutes there what is called a ses- sion; provided some act was passed. In this case all matters depending before them are discontinued, and at their next meeting are to be taken up de novo, if taken up at all. 1 Blackst., 186. Adjournment, which is by themselves, is no more than a continuance o During session of Congress neither House shall adjourn for more than three days without consent of the other. (Constitution IT. S., art. 1, sec. 6, par. 1.) [244] JEFFERSON S MANUAL. §§ 582, 5SS. of the session from one day to another, or for a fort- night, a month, &c., ad libitum. All matters depend- ing remain in statu quo, and when they meet again, be the term ever so distant, are resumed, without any fresh commencement, at the point at which they were left. 1 Lev., 166; Lex. Pari., c. 2; 1 Ro. Rep., 29; 4 Inst., 7, 27, 28; Hutt., 61; 1 Mod., 252; Ruffh. Jac, L. Diet. Parliament; 1 Blackst., 186. Their whole session is considered in law but as one day, and has relation to the first day thereof. Bro. Abr. Parlia- ment, 86. Committees may be appointed to sit during a § 582. Sitting of recess by adjournment, but not by """"^"ndcralttoii prorogation. 6 Grey, 374; 9 Grey, 350; SeTcfnX" ^ ChandUr, 50. Neither House can adjonms. coutiuue any portion of itself in any parliamentary function beyond the end of the session without the consent of the other two branches. When done, it is by a bill constituting them commissioners for the particular purpose. The House of Representatives may empower a committee to sit during a recess which is within the constitutional term of the House (IV, 4541-4543), but not thereafter (IV, 4545). Therefore committees are created commis- sioners by law if their functions are to extend beyond the term of the Con- gress (IV, 4545). Congress separate in two ways only, to wit, by §58s. sessions and adjournment, or dissolution by the recesses of Congress, gfflux of their time. What, then, con- stitutes a session with them? A dissolution certainly closes one session, and the meeting of the new Con- gress begins another. The Constitution authorizes [245] JEFFERSON S MANUAL. § 581. the President, "on extraordinary occasions to con- vene both Houses, or either of them." I, 3. If con- vened by the President's proclamation, this must begin a new session, and of course determine the pre- ceding one to have been a session. So if it meets under the clause of the Constitution which says, "the Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day." /, 4- This niust begin a new session; for even if the last adjournment was to this day the act of adjournment is merged in the higher authority of the Constitution, and the meeting will be under that, and not under their adjournment. So far we have fixed landmarks for determining sessions. * * * In the later practice of Congress it has been established that when the two Houses adjourn for more than three days and not to or beyond a day fixed by Constitution or law for the next regular session to begin, the session is not thereby necessarily terminated (V, 6676, 6677). And in one instance the two Houses by concurrent resolution provided for adjournment to a certain day with a provision that if there be no quorum present on that day the session should terminate (V, 6686) . In the later bui not the earlier practice the fact that Congress baa met once within the year does not make uncertain the constitutional mandate to meet on the first Monday of Decem- ber (I, 10, 11). And where a special session continued until the time pre- scribed by the Constitution for .the annual meeting without an appreciable intervening time (V, 6690, 6692), a question arose as to whether there had actually been a recess of Congress (V, 6687, 6693), with the conclusion that a recess was a real and not an imaginary time (V, 6687). * * * In other cases it is declared by the joint § 584. Manner of votc authoriziug the President of the by action of the Senate and the Speaker to close the session on a fixed day, which is usually in the following form: "Resolved by the Senate and [246] JEFFERSON'S MANUAL. H 385,586. House of Representatives, that the President of the Senate and the Speaker of the House of Representa- tives be authorized to close the present session by adjourning their respective Houses on the day of ." In the modem practice the resolving clause of the joint resolution is in form different from that given by Jefferson. When it was said above that all matters depending before Parliament were discontinued by § 585. Parllamen- , •■ j j. • !_• <■ . i tary law as t6 bnsi- the determination ot the session, it was Z:Jfl~" not meant for judiciary cases depend- ing before the House of Lords, such as impeachments, appeals, and writs of error. These stand continued, of course, to the next sessior. Raym., 120, 381; Ruffh. Fac, L. D., Parliament. Impeachments stand, in like manner, continued before the Senate of the United States. In the House of Representatives Rule XXVI and the practice thereunder show that the two B[ouses of Congress have departed from the Parliamentary law. SEC. LII. TREATIES. 4: H: H: ^ Hs Treaties are legislative acts. A treaty is the law of § 686. General thc laud . It differs from' other laws only nature of treaties, g^g j^^ must have the couseut of a foreign nation, being but a contract with respect to that na- tion . In all countries, I believe, except England, trea- ties are made by the legislative power; and there, also, if they touch the laws of the land they must be approved by Parliament. Ware ?;. Hylton, S Dallas's Rep., 223. [247] jkffeeson's manual. § 587. It is acknowledged, for instance, that the King of Great Britain cannot by a treaty make a citizen of an alien. Vattel, b. 1, c. 19, sec. 214. An act of Parlia- ment was necessary to validate the American treaty of 1783. And abundant examples of such acts can be cited. In the case of the treaty of Utrecht, in 1712, the commercial articles required the concur- rence of Parliament; but a bill brought in for that purpose was rejected. France, the other contracting party, suffered these articles, in practice, to be not insisted on, and adhered to the rest of the treaty. 4 Russell's Hist. Mod. Europe, 457; 2 SmoUet, 242, 246. ' By the Constitution of the United States this de- § 587. Jefferson's partment of legislation ■ is confined to discnsaion of ^^q brauches only of the ordinary legis- crcSrtios 1111(16" uHC constitntion. lature — ^the President originating and the Senate having a negative. To what subjects this power extends has not been defined in detail by the Constitution; nor are we entirely agreed among our- selves. 1. It is admitted that it must concern the foreign nation party to the contract, or it would be a mere nullity, res inter alias acta. 2. By the general power to make treaties, the Constitution must have intended to comprehend only those subjects which are usually regulated by treaty, and can not be other- wise regulated. 3. It must have meant to except out of these the rights reserved to the. States; for surely the President and Senate can not do by treaty what the whole Government is interdicted from doing in [248] Jefferson's manual. §§ 688,589. any way. 4. And also to except those subjects of legislation in which it gave a participation to the House of Representatives. This last exception is de- nied by some on the ground that it would leave very little matter for the treaty power to work on. The less the better, say others. The Constitution thought it wise to restrain the Executive and Senate from entangling and embroiling our affairs with those of Europe. Besides, as the negotiations are carried on by the Executive alone, the subjecting to the ratifi- cation of the Representatives such articles as are within their participation is no more inconvenient than to the Senate. But the ground of this excep- tion is denied as unfounded. For examine, e. g., the treaty of commerce with France, and it will be found that, out of thirty-one articles, there are not more than small portions of two or three of them which would not still remain as subjects of treaties, un- touched by these exceptions. The participation of the House of Bepregentatives in the treaty-making power has been often examined since Jefferson's Manual § 888. General ^^^g -^yritten. The House has in several instances taken action of the House ^ . . ■ , cc j. j. ■ • j.- s • as to treaties. aotiqn in carrying into effect, terminating, enforcmg, and suggesting treaties (II, 1502-1505, 1520-1522), al- though sometimes the propriety of requesting the Executive to negotiate a treaty has been questioned (II, 1514-1517). The exact authority of the House in the making of general treaties has been the subject of differences of opinion. In 1796 the I 589. Authority of House aflirmed that when a treaty related to subjects treaties in eeneral. ^thin the power of Congress it was the constitutional duty of the House to deliberate on the expediency of carrying such treaty into effect (II, 1509); and in 1816, after a discussion with the Senate, the House maintained its position that a treaty must depend on a law of Congress for its execution as to such stipulations as relate 69373°— 12 17 [249] JEFFERSON'S MANUAL. i§ 690-693. to subjects constitutionally intrusted to Congress (II, 1506). In 1868 the House's assertion of right to a voice in carrying out the stipulations of certain treaties was conceded in a modified form (II, 1508). Again, in 1871, the House asserted its prerogative (II, 1523). In 1820 and 1868 there were dis- cussions of the House's functions as to treaties ceding or acquiring foreign territory (II, 1507, 1508), and at various other times there have been discus- sions of the general subject (II, 1509, 1546, 1547). After long and careful consideration the 'Judiciary Conuuittee of the House decided, in 1887, that the executive branch of the House a8*to " *^^ Government might not conclude a treaty affecting revenue treaties. the revenue without the assent of the House (II, 1528- 1530), and a Senate committee after exaniination con- cluded that duties were more properly regulated with the publicity of con- gressional action than by treaties negotiated by the President and ratified by the Senate in secrecy (II, 1532). In practice the House has acted on revenue treaties (II, 1531, 1533); and in 1880 it declared the negotiation of a revenue treaty an invasion of its prerogatives (II, 1524). At other times the subject has been discussed (II, 1525-1528, 1531, 1583). After long discussion the House, in 1871, successfully asserted its right § 591. House to a voice in approving Indian treaties (II, 1535, 1536), approves Indian although in earlier times this prerogative had been treaties. jealously guarded by the Executive (II, 1534). There have been various conflicts with the Executive over requests of the House for papers relating to treaties (II, 1509-1513, 1518, 1519, 1561). Treaties being declared, equally with" the laws of § 592. Treaties the United States, to be the supreme abrogated by law. ^^^ ^f ^^e knd, it is uuderstood that an act of the legislature alone can declare them infringed and rescinded. This was accordingly the process adopted in the case of France in 1798. Notice to a foreign government of the abrogation of a treaty is authorized by a joint resolution (V, 6270). It has been the usage for the Executive, when it 1 698. Procedure commuuicates a treaty to the Senate of the Senate as for their ratification, to communicate to treaties. _ ' also the correspondence of the nego- tiators. This having been omitted in the case of the [250J Jefferson's manual. § 594. Prussian treaty, was asked by a vote of the House of February 12, 1800, and was obtained. And in December, 1800, the convention of that year between the United States and France, with the report of the negotiations by the envoys, but not their in- structions, being laid before the Senate, the instruc- tions were asked for and communicated by the President. The mode of voting on questions of ratification is by noniinal call. The Senate now has rules governing its procedure on treaties. SEC. LIII. IMPEACHMENT. «|> ^tf fcl^ ^tt fctj These are the provisions of the Constitution of the United States on the subject of im- o/iordrand*""*"" pcachments. The following is a sketch ta"'eachmenfa' ^^ some of the principles and practices of England on the same subject: Jurisdiction. The Lords can not impeach any to themselves, nor join in the accusation, because they are the judges. Seld. Judic. in Pari., 12, 63. Nor can they proceed against a commoner but on com- plaint of the Commons. Ih., 84- The Lords may not, by the law, try a commoner for a capital offense, on the information of the King or a private person, because the accused is entitled to a trial by his peers generally; but on accusation by the House of Com- mons, they may proceed, against the delinquent, of whatsoever degree, and whatsoever be the nature of [251] jeffebson's manual. §§ 695,696. the offense; for there they do not assume to them- selves trial at conunon law. The Commons are then instead of a jmy, and the judgment is given on their demand, which is instead of a verdict. So the Lords do only judge, but not try the delinquent. lb., 6, 7. But Wooddeson denies that a commoner can now be charged capitally before the Lords, even by the Com- mons; and cites Fitzharris's case, 1681, impeached of high treason, where the Lords remitted the prosecu- tion to the inferior court. 8 Grey's Deb., S25-7; 2 Wooddeson, 576, 601; 3 Seld., I6O4, 1610, 1618, 1619, I64I; 4. Blackst, 25; 9 Seld., 1656; 73 Seld., I6O4-I8. Accusation. The Commons, as the grand inquest § 596. pariia- of the uatiou, becomes suitors for penal mX"*" justice. 2 Wood., 597; 6 Grey, 356. Impeachment. ^he general course is^ to pass a resolu- tion containing a criminal charge against the sup- posed delinquent, and then to direct some member to impeach him by oral accusation, at the bar of the House of Lords, in the name of the Commons. The person signifies that the articles will be exhibited, and desires that the delinquent may be sequestered from his seat, or be committed, or that the peers will take order for his appearance. Sachev. Trial, 325; 2 Wood., 602, 605; Lords' Journ., 3 June, 1701; 1 Wms., 616; 6 Grey, 324. In the House of Representatives there are various methods of setting an § 596. Inception impeachment in motion: by charges made on the floor of Impeachment on the responsibility of a Member or Delegate (III, proceedings In the 2342, 2400, 2469, 1303); by charges preferred by a me- morial, -which is usually referred to a committee for ex- amination (III, 2364, 2491, 2494, 2496, 2499, 2515); by a message from the [252] Jefferson's manual. §1 597-600. President (III, 2294, 2319) ; by charges transmitted from the legislatm'e of a State (III, 2469) or Territory (III, 2487) or from a grand jury (III, 2488); or from facts developed and reported by an investigating committee of the House (III, 2399, 2444). A direct proposition to impeach is a question of high privilege in the § 597. A proposi- House and at once supersedes business otherwise in tlon to Impeach a order under the rules governing the order of business qnestion of (ni^ 2045-2048). It may not even be superseded by privilege. ^^ election case, which is also a matter of high privilege (III, 2581). It does not lose its privilege from the fact that a similar propo- sition has been made at a previous time during the same session of Congress (III, 2408), previous action of the House not affecting it (III, 2053). So, also, propositions relating to an impeachment already made are privileged (III, 2400, 2402, 2410); but a resolution simply proposing an investigation, even though impeachment may be a possible consequence, is not privileged (III, 2050, 2546). But where a resolution of investigation positively pro- poses impeachment or suggests that end, it has been admitted as of privilege (III, 2051, 2052, 2401, 2402). The impeachment having been made on the floor by a Member (III, 2342, 2400), or charges suggesting impeachment having been § 598. Investlga- ^^^^ ^^ memorial (III, 2495, 2520, 2516) or even appear- ment^cha^es." " ^^S through common fame (III, 2385, 2506), the House has at times ordered an investigation at once. At other times it has refrained from ordering investigation until the charges had been examined by a committee (III, 2364, 2488, 2491, 2492, 2494, 2504, 2513). The House has always examined the charges by its own committee before it has voted to impeach (III, 2294, 2487, 2501). This § 599. Procedure committee has sometimes been a select committee (III, of committee In ^^^. sometimes a standing committee (III, tavestlgatmg. ' ' ^ ' . , ,, -.^ ■, -, 2400, 2409). In some mstances the committee has made its inquiry ex parte (III, 2511, 2319, 2343, 2366, 2385. 2403, 2496); but in the later practice the sentiment of committees has been in favor of permitting the accused to explain, present witnesses, cross-examine (III, 2445y -2471, 25X8), and be represented by counsel (III, 2470, 2501, 2511, 2516). Its committee on investigation having reported, the House may vote the impeachment (III, 2367, 2412), and, after having noti- § 600. Impeach- gg^ ^hg Senate by message (III, 2413, 2446), may direct ment carried to ^j^^ impeachment to be presented at the bar of the Senate the Senate. ^^ ^ ^^^^ Member (III, 2294), or by two (III, 2319, 2343, 2367), or even five Members (III, 2445). These Members in one notake case represented the majority party alone, but ordinarily include [253] jeffeeson's manual. §§ 601,602. representation of the minority party (III, 2445, 2472, 2505). The chairman of the committee impeaches at the bar of the Senate by oral accusation (III, 2413, 2446, 2473), and requests that the Senate take order as to appearance; but in only one case has the parliamentary law as to sequestration and committal been followed (III, 2118, 2296), later inquiry resulting in the conclusion that the Senate had no power to take into custody the body of the accused (III, 2324, 2367). Having delivered the impeachment the committee return to the House and report verbally (III, 2413, 2446). ' Process. If the party do not appear, proclamations § 601. The writ are to be issued, giving him a day to ap- ZZ:Z::T pear. On their return they are strictly respondent. examined. If any error be found in them, a new proclamation issues, giving a short day. If he appear not, his goods may be arrested, and they may proceed. Seld. Jud., 98, 99. The managers for the House of Representatives attend in the Senate after the articles have been exhibited and demand that process issue for the attendance of respondent (III, 2^51, 2478), after which they return and re- port verbally to the House (III, 2423, 2451). The Senate thereupon issue a writ of summons, fixing the day of return (III, 2423, 2451); and in a case wherein the respondent did not appear by person or attorney the Senate pub- lished a proclamation for him to appear (III, 2393). But the respondent's goods were not attached. Articles. The accusation (articles) of the Com- § 602. Exhibition i^ous is substituted in place of an and form of indictmeut. Thus, by the usuage of a.rtlcl6s ' 1/ CD Parliament, in impeachment for writing or speaking, the particular words need not be speci- fied. Sack. Tr., 325; 2 Wood., 602, 605; Lords' Journ., 3 June, 1701; 1 Wms., 616. The House of Representatives exhibits its articles after the impeach- ment has been carried to the bar of the Senate. The managers, who are elected by the House (III, 2300, 2345, 2417, 2448) or appointed by the Speaker (III. 2388, 2475), carry the articles in obedience to a resolution [254] JEFFERSON S MANUAL. § 60S. of the House (III, 2417, 2419, 2448) to the bar of the Senate (III, 2420, 2449, 2476), the House having previously informed the Senate (III, 2419, 2448) and received a message infomung them of the readiness of the latter body to receive the articles (III, 2078, 2325, 2345). Having exhibited the articles the managers return and report verbally to the House (III, 2449, 2476) . The articles in the Belknap impeachment were held sufficient, although attacked for not describing the respondent as one subject to impeachment (III, 2123). These articles are signed by the Speaker and attested by the Clerk (III, 2302, 2449), and in form approved by the prac- tice of the House (III, 2420, 2449, 2476). Appearance. If he appear, and the case be § 60S. Pariia- Capital, he answers in custody; though mentary lair ar to , •<• ,i j.* i_ i tt appearance of Hot it the accusatiou be general. He respondent. jg j^^^ ^q j^g Committed but on special accusations. If it be for a misdemeanor only, he answers, a lord in his place, ar commoner at the bar, and not in custody, unless, on the answer, the Lords find cause to commit him. till he finds sureties to attend, and lest he should fly. Seld. Jvd., 98, 99. A copy of the articles is given him, and a day fixed for his answer. T. Ray.; 1 Rushw., 268; Fost, 232; 1 Clar. Hist, of the Reb., 379. On a misdemeanor, his appearance may be in person, or he may answer in writing, or by attor- ney. Seld. Jvd., 100. The general rule on accu- sation for a misdemeanor is, that in such a state of liberty or restraint as the party is when the Commons complain of him, in such he is to answer. Ih., 101. If previously committed by the Commons, he an- swers as a prisoner. But this may be called in some sort judicium parium suorum. 76. In mis- demeanors the party has a right to counsel by the [255] JEFFERSON'S MANUAL. §§ 601,605. common law, but not in capital cases. Seld. Jvd., 102, 105. This paragraph, of the parliamentaiy law is largely obsolete so far as S604. Require- ^^^ practice of the Hotise of Representatives and the mcntsofthe Senate are concerned. The accused may appear in Senate as to person or by attorney (III, 2127, 2349, 2424), or he appearance of ^^y ^^^ appear at all (III, 2307, 2333, 2393). In case he does not appear the House does not ask that he be compelled to appear (III, 2308), but the trial proceeds as on a plea of "not guilty." It has been decided that the Senate has no power to take into custody the body of the accused (III, 2324, 2367). The writ of summons to the accused recites the articles and notifies him to appear at a fixed time and place and file his answer (III, 2127). In all cases respondent may appear by counsel (III, 2129), and in one trial, when a petition set forth that respohdent was insane, the counsel of his son was admitted to be heard and present evidence in support of the petition,' but not to make argument (III, 2333). Answer. The answer need not observe great §605. Answer of strictness of form. He may plead respondent. g^Q^y ^g ^^ p^^.^.^ ^^^ defend as to the residue; or, saving all exceptions, deny the whole or give a particular answer to each article separately. 1 Rush., 274; 2 Rush., 1374; 1^ Pari. Hist., 442; 3 Lords' Journ., 13 Nov., 1643; 2 Wood., 607. But he cannot plead a pardon in bar to the impeachment. 2 Wood., 616; 2 St. Tr., 736. The answer of the President took up the articles one by one, denying some of the charges, admitting others but denying that they set forth impeachable offenses, and excepting to the sufficiency of others (III, 2428). The form of this answer was commented on during preparation of the replication in the House (III, 2431). Blount and Belknap demurred to the charges on the ground that they, were not civil officers within the meaning of the Con- stitution (III, 2310, 2453), and Swayne also raised questions as to the juris- diction of the Senate (III, 2481). The answer is part of the pleadings, and exhibits in the nature of evidence may not properly be attached thereto (III, 2124). [256] JEFFERSON'S MANUAL. §§ 606-608. Replication, rejoinder, &c. There may be a repli- §606. other cation, rejoinder, &c, Sel. Jud., 114; Pleadings. ^ ^^^, ^ ^^^^ ^^^, ^^^^_ ^^^ ^^ _ Joum. H. of Commons, 6 March, I64O-I. A replication is always filed, and in one instance the pleadings proceeded to a rejoinder, surrejoinder, and similiter (III, 2455) . A respondent has also filed a protest instead of pleading on the merits (III, 2461), but there was objection to this and the Senate barely permitted it. In another case re- spondent interposed a plea as to jurisdiction of offenses charged in certain articles, but declined to admit that it was a demurrer with the admissions pertinent thereto (III, 2125, 2431). In the Belknap tiial the House was sustained in averring in pleadings as to jurisdiction matters not averred in the articles (III, 2123). The right of the House to allege in the replication matters not touched in the articles has been discussed (III, 2457). Witnesses. The practice is to swear the witnesses § 607. Examina- in Open HousB, and then examine them tion of witnesses, there; or a committee may be named, who shall examine them in committee, either on inter- rogatories agreed on in the House, or such as the committee in their discretion shall demand. Seld. Jud., m, 123. In trials before the Senate witnesses have always been examined in open Senate, and never by a committee, although such procedure has been once suggested (III, 2217). Jury. In the case of Alice Pierce, 1 R., 2, a jury was impaneled for her trial before a § 608. Relation ^ -n i • ofjnry trial to Committee. Seld. Jvd., 123. But this Impeaclunent. i • j. j. • i_ was on a complaint, not on impeach- ment by the Commons. Seld. Jud., 163. It must also have been for a misdemeanor only, as the Lords spiritual sat in the case, which they do on misde- meanors, but not in capital cases. Id., I48. The [257] Jefferson's manxtal. I 608. judgment was a forfeiture of all her lands and goods. Id., 188. This, Selden says, is the only jury he finds recorded in Parhament for misdemeanors; but he makes no doubt, if the delinquent doth put himself on the trial of his country, a jury ought to be impan- eled, and he adds that it is not so on impeachment by the Commons, for they are in loco proprio, and there no jury ought to be impaneled. Id., I24. The Ld. Berkeley, 6 E., 3, was arraigned for the murder of L. 2, on an information on the part of the King, and not on impeachment of the Commons; for then they had been patria sua. He waived his peerage, and was tried by a jury of Gloucestershire and War- wickshire. Id., 126. In 1 H., 7, the Commons pro- test that they are not to be considered as parties to any judgment given, or hereafter to be given in Par- liament. Id., 133. They have been generally and more justly considered, as is before stated, as the grand jury; for the conceit of Selden is certainly not accurate, that they are the patria sua of the accused, and that the Lords do only judge, but not try. It is undeniable that they do try; for they examine wit- nesses as to the facts, and acquit or condemn, accord- ing to their own belief of them. And Lord Hale says, "the peers are judges of law as well as of fact;" 2 Hah, P. C, 276; consequently of fact as well as of, law. No jury trial is possible as part of an impeaduuent trial under the Con- stitution (III, 2313). [258] Jefferson's manual. §§ 609-611. Presence of Commons. The Commons are to be § 609. Attendance present at the examination of witnesses. oftheconmioM. ^g^^ j^ ^ ^^^^ Indeed, they are to attend throughout, either as a committee of the whole House, or otherwise, at discretion, appoint managers to conduct the proofs. Rushw. Tr. of Straff., 37; Cam. Jmtm., 4 Feb., 1709-10; 2 Wood, 614. And judgment is not to be given till they demand it. Seld. Jvd., 124' But they are not to be present on impeachment when the Lords consider of the answer or proofs and determine of their judgment. Their presence, however, is necessary at the answer and judgment in cases capital Id., 58, 168 as well as not capital; 162. * * *. The House of Representatives has consulted its own inclination and con- venience about attending its managers at an impeach- § 610. Attendance j^^^^ jj. ^jj^ ^^^ attend at all in the trials of Blount Bepresfntatives. ^.nd Swayne (III, 2318, 2483) ; and after attendingat the answer of Belknap, decided that it would be represented for the remainder of the trial by its managers alone (III, 2453). At the trial of the President the House, in Committee of the Whole, attended throughout the trial (III, 2427), but this is exceptional. In the Peck trial the House discussed the subject (III, 2377) and reconsidered its de- cision to attend the trial daily (III, 2028). While the Senate is deliber- ating the House does not attend (III, 2435); but when the Senate votes on the charges, as at the other open proceedings of the trial, it may attend (III, 2338, 2383, 2440). While it has frequently attended in Committee of the Whole, it may attend as a House (III, 2338). * * * The Lords debate the judgment among themselves. Then the vote is first the articles In an takcu ou the qucstiou of guilty or not Impeachment trial. ., i-pii • j. j.i j.- guilty; and if they convict, the question, or particular sentence, is out of that which seemeth [259] JEFFERSON'S MANUAL. § 612. to be most generally agreed on. Seld. Jvd., 167; 2 Wood., 612. The question in judgment in an impeachment trial has occasioned con- tention in the Senate (111, 2339, 2340), and in the trial of the President the form was left to the Chief Justice (III, 2438, 2439). In the Belknap trial there was much deliberation over this subject (III, 2466). In the Chase trial the Senate modified its former rule as to form of final question (III, 2363). The yeas and nays are taken on each article separately (III, 2098, 2339), but in the trial of the President the Senate, by order, voted on the articles in an order differing from the numerical order (III, 2440), adjourned after voting on one article (III, 2441), and adjourned without day after voting on three of the eleven articles (III, 2443). After a conviction the Senate votes on the punishment (III, 2339, 2397) Judgment. Judgments in Parliament, for death, § 612. Judgment In have been strictly guided per legem impeachments. ^gj^^g^ which they cau not alter; and not at all according to their discretion. They can neither omit any part of the legal judgment nor add to it. Their sentence must be secundum non ultra legem. &eld. Jud., 168, 171. This trial, though it varies in external ceremony, yet differs not in essen- tials from criminal prosecutions before inferior courts. The same rules of evidence, the same legal notions of crimes and punishments, prevailed; for impeach- ments are not framed to alter the law, but to carry it into more effectual execution against too powerful delinquents. The judgment, therefore, is to be such as is warranted by legal principles or precedents. 6 Sta. Tr., U; 2 Wood., 611. The Chancellor gives judgment in misdemeanors; the Lord High Steward formerly in cases of life and death. Seld. Jvd., 180. But now the Steward is deemed not necessary. Post., [260] Jefferson's manual. I 618. 144; ^ Wood., 613. In misdemeanors the greatest corporal punishment hath been imprisonment. Seld. Jud,, I84. The King's assent is necessary to capital judgments (but 2 Wood., 61 4, contra), but not in misdemeanors. Seld. Jvd., 136. The Constitution of the United States (Art. I, sec. 3, par. 7) limits the judgment to removal and disqualification. Continuance. An impeachment is not discontinued 1 618. Impeach. by the dissolutiou of Parliament, but i^terrapted by may be resumed by the new Parliament. adloumments. rp j^^y ggg. ^ fj^^ Joum., 23 DbC, 1790; Lords' Jour., May 15, 1791; 2 Wood., 618. In Congress impeachment proceedings are not discontinued by a recess (III, 2299, 2304, 2344, 2375, 2407, 2505); and the Pickering impeachment was presented in the Senate on the last day of the Seventh Congress (III 2320); and at the beginning of the Eighth Congress the proceedings went oh from that point (III, 2321). But an impeachment may proceed only when Congress is in session (III. 2006. 2462). [261] RULES OF THE HOUSE OF REPRESENTATIVES WITH NOTES AND ANNOTATIONS. [263] Bale 1. §614. RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS. Rule I. DUTIES OF THE SPEAKER. 1. The Speaker shall take the chair on every § 6u. Calling the legislative day precisely at the hour to anTreadinntthe whlch the House shall have adjourned Journal. ^^ ^jjg j^g^ sitting, inunediately call the Members to order, and on the appearance of a quorum, cause the Journal of the proceedings of the last day's sitting to be read, having previously examined and approved the same. This rule was adopted in 1789 and perfected in 1811 and 1824 (II, 1310). The hour of meeting is usually 12 m., fixed by standing order (I, 104-109, 116, 117; IV, 4325). Immediately after the Members are called to order prayer is offered by the Chaplain (IV, 3056). The presence of a quorum is ascertained if a question be raised (IV, 2733); and after the raising of the question the reading of the Journal must await the ascertainment (IV, 2732, 2927). The reading of the Journal may not be dispensed with except by imanimous consent or a motion or other action to suspend the rules (IV, 2747-2750); but the Journal of the last day of a session is not read on the first day of the next session (IV, 2742). Business is not transacted before the reading (IV, 2751-2756), but the simple motion to adjourn is admitted (IV, 2757) and a Member may be sworn in (I, 172). The reading may not ' be interrupted, even by business so highly privileged as a conference report (V, 6443; Rule XXVIII); but in cases of disorder the reading is suspended (II, 1630; IV, 2759). The Speaker's examination and approval of the Journal is preliminary to the reading, and does not preclude subsequent amendment and approval by the House itself (IV, 2734-2738). 69373°— 12 18 (265) RULES OF THE HOUSE OF REPRESENTATIVES. §§ 615-617. Bale I. § 615. Speiikei 2. He shall preserve order and deco- preserves order nim, and, In casc of disturbance or dis- on floor and In . n- • i galleries and Orderly conduct m the galleries, or in the ^''^^^' lobby, may cause the same to be cleared. This rule was adopted in 1789 and amended in 1794 (II, 1343). The Speaker may name a Member who is disorderly, but may not, of his own authority, censure or punish him (II, 1344, 1345). In cases of extreme disorder in Committee of the Whole the Speaker has taken the chair and restored order without a formal rising of the committee (11,1348, 1648-1653, 1657). In an early instance the Speaker ordered the arrest of a person in the gallery; but this exervise of power was questioned (II, 1605). 3. He shall have general control, except as provided § 616. Speaker's by Fule or law, of the Hall of the House, HXcortdors, ^iid of the corridors and passages and and rooms. (jf ^jj^g unappropriated rooms in that part of the Capitol assigned to the use of the House, until further order. This rule was adopted in 1811 and amended in 1824 and 1885 (II, 1354). Control of the appropriated rooms in the House portion of the Capitol is exercised by the House itself (V, 7273-7279), but repairs and alterations have been authorized by statute (V, 7280-7281). 4. He shall sign all acts, addresses, joint resolu- § 617. Speaker's tlous, writs, warrauts, and subpoenas of, r„:r,:"CU, or issued by order of, the House, and o'/'ueTtJons of" ^ecide all questions of order, subject to order subject to au appeal by any Member, on which appeal no Member shall speak more than once, unless by permission of the House. The portion of this rule relating to decisions on points of order was adopted in 1789 and amended in 1811; and the portion relating to the signing of acts, etc., was adopted in 1794 (II, 1313). (266) RULES OF THE HOUSE OP REPRESENTATIVES. Rulel. §§ 618-620. Enrolled bills are signed first by the Speaker (IV, 3429). He declines to sign in the absence of a quorum (III, 3458), or pend- eJoUetfMto"^ "^ ^ ^ motion to reconsider (V, 5705); and the report of a committee as to the accuracy of the enrollment is first submitted, unless, as in rare instances only, the House by consent waives liie requirement (IV, 3452). In cases of error the House has permitted the Speaker's signature to be vacated (IV, 3453, 3455-3457). Warrants, subpoenas, etc., during recesses of Congress are signed only by authority specially given (III, 1753, 1763, 1806). The § 619. Slgnlji^ of isauLQg of warrants must be specially authorized by the warrants, subpoenas, ° mu a t i ■ ,i. /■ i gjg_ House (I, 287). The Speaker also signs the articles, replications, etc., in impeachments (III, 2370, 2455); and certifies cases of contumacious witnesses for action by the courts (III, 1691, 1769). The Speaker may require that a question of order be presented in writing (V, 6865). He is not required to decide a question not ffovernlngYhc" directly presented by the proceedings (II, 1314). De- Speaker In bate being for his information, is within his discretion deciding points (V, 6919, 6920). He is constrained to give precedent of order. j^ proper influence (II, 1317); and his decisions may be reexamined and reversed (IV, 4637). They are recorded in the Journal (IV, 2840, 2841), but responses to parliamentary inquiries are not so recorded (IV, 2842). Questions arising during a division are decided peremptorily (V, 5926), and when they arise out of any other question must be decided before that question (V, 6864). In rare instances the Speaker declines to rule until he has taken time for examination of the question (III, 2725). He rarely submits a question directly to the House for its decision (IV, 3173, 3282, 4930; V, 5014, 5323, 6701) or of his own initiative raises and submits a question (II, 1277, 1315, 1316). Even as to questions of privilege he usu- ally, in later practice, makes a preliminary decision instead of submitting the question directly to the House (III, 2648, 2649, 2650, 2654, 2678). He does not decide on the legislative effect of propositions (II, 1274, 1323, 1324), or on the consistency of proposed action with other acts of the House (II, 1327-1336), or on the constitutional powers of the House (II, 1255, 1318- 1320, 1490; IV, 3507), or on the propriety or expediency of a proposed course of action (II, 1275, 1325, 1326, 1337; IV, 3091-3093, 3127). He passes on the validity of conference reports (V, 6409, 6410, 6414-6416), but not on the sufficiency of the accompanying statements as distinguished from the form (V, 6511-6513). As to reports of committees, he does not decide as to their sufficiency (II, 1339; IV, 4653), or usually as to whether or not the commit- tee have followed instructions (II, 1338; IV, 4404, 4689); but he has decided as to the validity of the authorization of a report (IV, 4592, 4593). (267) RULES OF THE HOUSE OF REPRESENTATIVES. §5 621-624. Bnle I, The right of appeal insures the House against the arbitrary control of the Speaker and can not be taken away from the House § 621. PracHce (y^ goo2); but appeals may not be entertained from govern ng appea s. jggpo^ges to parliamentary inquiries (V, 6002). The Speaker may vote to sustain his own decision (IV, 4569 ; V, 5686, 6956, 6957). 5. He shall rise to put a question, but may state it sitting: and shall put questions in this §622. Patting of I -^ u \ • £ the question by lorm, to Wit: As many as are m lavor the Speaker. ^^ ^^^ questiou may be) , say Aye ; ' ' and after the aflSrmative voice is expressed, " As many as 623 votin viva ^^® opposed. Say No;" if he doubts, dr a voce, by division, divislou is caUed for, the House shall and by tellers. (jiyide; those lu the affirmative of the question shall first rise from their seats, and then those in the negative; if he still doubts, or a count is required by at least one-fifth of a quorum, he shall name one from each side of the question to tell the Members in the affirmative and negative; which being reported, he shall rise and state the decision. This rule was adopted in 1789, with revision and amendment in 1860 and 1880 (II, 1311). One of the suppositions on which the parliamentary law is founded is that the Speaker will not betray his duty to make an honest count on a division (V, 6002). In a full House (total membership of 391), tellers are ordered by 40; in Committee of the Whole by 20. It is the duty of the Member to serve as teller when appointed by the Chair (V, 5987); but when Members of one side have teUCTs Md tektag' declined, the second teller has been appointed from of the vote. *^® other side (V, 5988) or the position has been left vacant (V, 5989). A Delegate may be appointed teller (II, 1302). Where there is a doubt as to the count by tellers the Chair may order the vote taken again (V, 5991), but this must be done before he haa announced the result (V, 5993-5995). [268] RULES OF THE HOUSE OP REPRESENTATIVES. Bnle I. §§ 625-627. 6. He shall not be required to vote in ordinary § 625. The Speaker's legislatlvc procecdlngs, except where vote. Tie vote. j^jg ^^^g would be decisive, or where the House is engaged in voting by ballot; and in aU cases of a tie vote the question shall be lost. This rule was adopted in 1789, with amendment in 1850 (V, 5964). The Speaker's name is not on the roll from which the yeas and nays are called (V, 5970) and is not called unleBS on his request. It is then called at the end of the roll (V, 5965), the Clerk calling him by name. • The duty of giving a decisive vote may be exercised after the intervention of other business, or after the announcement of the result or on another day, if a correction of the roll shows a condition wherein his vote would be decisive (V, 5969, 6061-6063); and he also exercises the right to withdraw his vote in case a correction shows it to have been unnecessary (V, 5971). The Speakers have the same rights as other Members to vote (V, 5966, 5967) but rarely exercise it (V, 5964, footnote). The Chair may be counted on a vote by tellers (V, 5996, 5997). 7. He shall have the right to name any Member to § 626. Speaker perform the duties of the Chair, but pro tempore. g^gj^ substltutlon shall uot extend be- yond an adjournment: Provided, however, That in case of his Ulness, he may make such appointment for a period not exceeding ten days, with the approval of the House at the time the same is made; and in his absence and omission to make such appointment, the House shall proceed to elect a Speaker pro tempore to act during his absence. This rule was adopted in 1811, and amended in 1876 (II, 1377): The right of the House to elect a Speaker pro tempore in the absence "^ ^® Speaker was exercised before the rule was adopted oath and deslgna- (Hi 1405), although the House sometimes preferred to tlon of Speaker adjourn (I, 179). An elected Speaker pro tempore is pro tempore. j^^ awom (I, 229; II, 1386); but the Senate and some- times the President are notified of hia election (II, 1386-1389, 1405-1412). [269] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 628,629. ^"'^ "• He signs enrolled bills and appoints committees, functions not exercised by a Speaker pro tempore by designation (II, 1399, 1400, 1404) unless the designation has been approved by the House. A call of the House may take place with a Speaker pro tempore in the chair (IV, 2989). When the Speaker is not present at the opening of a session, he designates a Speaker pro tempore in writing (II, 1378, 1401), but he does not always name in open House the Member whom he calls to the chair temporarily during the day's sitting (II, 1379, 1400). A Speaker pro tempore sometimes designates another Speaker pro tempore (II, 1384). Members of the minority have been called to the chair on occasions of ceremony (II, 1383), but in rare instances on other occasions (II, 1382, 1390; IV, 2596). Rule II. ELECTION OF OFFICERS. There shall be elected by a viva voce vote, at the 1 628. Election of Commencement of each Congress, to """'"'• continue in ofl&ce until their successors are chosen and qualified, a Clerk, Sergeant-at-Arms, Doorkeeper, Postmaster, and Chaplain, each of whom § 629. Oath and shaU take an oath to support the Con- dnties of officers. gtitutlon of tho United States, and for the true and faithful discharge of the duties of his ofiice to the best of his knowledge and ability, and to keep the secrets of the House; and each shall appoint all of the employees of his department provided for by law. A rudimentary form of this rule was adopted in 1789, and was amended several times prior to 1880, when it assumed its present form (I, 187). The House having discarded a theory that the rules might be imposed by one House on its successor (V, 6743-6745), it follows that this rule is not operative at the organization. The House, by order or usage, elects its Speaker viva voce (I, 204, 208) ; but the officers mentioned in the rule are usually chosen by resolution, which is not a viva voce election (I, 193, 194). I'he act of 1789 provides that the oath of office shall be administered [270] RULES OF THE HOUSE OF REPRESENTATIVES. *»•* "*• §§ 680, 681. to the Speaker by any Member and by the Speaker to the Clerk (1, 130). The Speaker also at the same time administers the oath to the other elective oflScers (I, 81). The Member of longest continuous service administers tie oath to the Speaker (I, 131). The Speaker can select Member to administer oath. (Speaker Clark, 1st. sess. 62d Cong., Apr. 4, 1911.) The requirement that the officers be sworn to keep the secrets of the House i8obsolete(I, 187). The House has declined to interfere with the Clerk's power of removing his subordinates (I, 286). Employees under the Clerk and other officers are to be assigned only to the duties for which they are appointed (V, 7232). Rule III. DUTIES OF THE CLERK. 1. The Clerk shall, at the commencement of the § flso. Clerk's ^^^ session of each Congress, call the dntiesat Members to order, proceed to call the roll of Members by States in alpha- betical order, and, pending the election of, a Speaker or Speaker pro tempore, call the House to order, preserve order and decorum, and decide all questions of order subject to appeal by any Member. This rule was framed in 1880, on a basis furnished by a rule of 1860 (I, 64). As rules are not usually adopted until after the election of Speaker, this rule is not in force at the time of organization of a new House. The procedure at organization is, however, according to a practice con- forming to the terms of the rule (I, 81). While the Speaker ceases to be an officer of the House with the expiration of a Congress, the Clerk, by old usage, continues in a new Congress (I, 187, 188, 235, 244). The roll of Members is made up by the Clerk from the credentials, in accordance yrith a provision of law (I, 14-62). The Member™'/"" "' '^^^ °* ^^^ ^°^^ ^^^ °°* *'® interrupted, especially by one not on that roll (I, 84), and a person not on the roll may not be recognized (I, 86). A motion to proceed to the election of Speaker is of higher privilege than a motion to correct the roll (1, 19-24). The House has declined to permit enrollment by the Clerk to be final as to prima facie right (I, 376, 589, 592). [271] RXJLES OF THE HOUSE OF REPRESENTATIVES. §§ 6S3-634. Bnle III. The Clerk, in presiding before the election of Speaker, recognizes Mem- bers (I, 74). The Members-elect have, before the election of Speaker or adoption of rules, authorized the Clerk and Sergeant-at-Arms of the last House to preserve order (1, 101) ; but usually such action has not been taken, although an occasion might arise to make it necessary (I, 76, 77). In early years the authority of the Clerk to decide questions of order pending the election of a Speaker was questioned §632. Clerk as ,j ggx ^^^ ^j^g q^^,.^ ^f^g^ declined to make deci- presldlng officer . ,' „„ _„ -. _„„_, ,,, , . ,„„,. at organization. sio^is (^> ^8-72; V, 5325), although m 1855 occur excep- tions to this theory (I, 91). But in 1860 the provisions of the present rule were adopted (I, 64), with a further rule that the rules of one House should apply in the organization of its successor (V, 6743-6747) ; and under this arrangement the Clerks have made rulings (I, 76, 77). In 1890 the theory that the rules of one House may be made binding on its successor was overthrown (V, 6747). In a case of vacancy arising after the adoption of rules, this rule would be operative and conclude ques- tions as to the Clerk's authority. 2. He shall make and cause to be printed and de- § 68S. Clerk Hvered to each Member, or mailed to furnishes a list of his address, at the commencement of every regular session of Congress, a list of the reports which it is the duty of any officer or Department to make to Congress, referring to the act or resolution and page of the volume of the laws or Journal in which it may be contained, and placing under the name of each officer the list of reports re- quired of him to be made. This rule was adopted in 1822 (I, 252). 3. He shall note all questions of order, with the 1 684. eierk-8 decisious thereon, the record of which j^nraai and shall bc printed as an appendix to the documents. Joumal of each session; and complete, as soon after the close of the session as possible, the [272] RULES OF THE HOUSE OF REPRESENTATIVES. Bale III. §§ 635-689. printing and distribution to Members and Delegates of the Journal of the House, together with an ac- curate and complete index; retain in the library at his oflEice, for the use of the Members and officers of the House, and not to be withdrawn therefrom, two copies of all the books and printed documents de- posited there; send, at the end of each session, a printed copy of the Journal thereof to the executive and to each branch of the legislature of every State and Territory; preserve for and deUveror maU to each Member and Delegate an extra copy, in good binding, of all documents printed by order of either House of the Congress to which he belonged; attest and affix the seal of the House to aU writs, warrants, §635. Attests and ^ud subpcenas issued by order of the seals warrants, House, Certify to the passage of all snbpoenas, etc. , . . , i , ■ i bills and lomt resolutions, make or § 636. Certlfles pas- " ' . sage of bills. approve all contracts, bargains, or § 637. Makes agreements relative to furnishing any contracts. matter or thing, or for the perform- ance of any labor for the House of Representatives, in pursuance of law or order of the House, keep full , „,„ ^ and accurate accounts of the disburse- § 638. Keeps con- tingent and ments out of the contingent fund of actonnts. the House, keep the stationery account § 639. Pays odcers of Mcmbcrs and Delegates, and pay and employees. ^^^^ ^^ provided by law. He shall pay to the officers and employees of the House of Representatives, on the first day of each month, the amount of their salaries that shall be due them; and [273] RULES OF THE HOUSE OP REPRESENTATIVES. §§ 6S»A, 640. Bnle IT. when the first day of the month falls on Sunday he shall pay them on the day next preceding. 4. He shall, in case of temporary absence or dis- ability, designate the Chief Clerk, or 1 639A. Chief Clerk -^ ' re • i • i- a- . • to act as Clerk upon some other omcial m his omce, to sign designation. ^ papers that may require the oflScial signature of the Clerk of the House, and to do all other acts, except such as are provided for by statute, that may be required under the rules and practice of the House to be done by the Clerk, Such official acts, when so done by the Chief Clerk or other official, shall be under the name of the Clerk of the House. The said designation shall be in writing, and shall be laid before the House and entered on the Journal. In 1880 several rules, adopted at different periods from 1794 to 1846, were consolidated into this rule; which was amended also in 1892 (I, 251). Various other administrative duties, similar to those specified in this rule, are imposed on the Clerk by law (I, 253); and the law also makes it his duty to furnish stationery, blank books, etc., to the committees and officers of the House (V, 7322); to exercise discretionary authority as to reprinting of bills and documents (V, 7319); to certify to the compensation of Members dining recesses of Congress (I, 1156); and to receive and print the testimony taken in election contests (I, 703, 705). Rule IV. DUTIES OF THE SERGE ANT-AT-ARMS. 1. It shall be the duty of the Sergeant-at-Arms to Rfl^n fi„..„„t f attend the House and the Committee § 640. Sergeant-at- _ xx-n Arms enforces of the Whole durfng their sittings, to anthorlt} of Honse. • i. • i t ,-, ■,. .« maintain order under the direction of the Speaker or Chairman, and, pending the election of [274] RULES OP THE HOUSE OF REPRESENTATIVES. Knle V. §§ 641-648. a Speaker or Speaker pro tempore, under the direction of the Clerk; execute the commands of the House, and all processes issued by authority thereof, directed to him by the Speaker; keep the ac- § 641. Disbarses '' f ) f pay and mileage couuts for the pay aud mileage of Members and Delegates, and pay them as provided by law. This rule was adopted in 1789, with additions and amendments in 1838, 1877, and 1890 (I, 257). At the organization of the House in a new Congress the election of Speaker occurs before the adoption of rules. Therefore this rule is not in force at that time, and in case of necessity a special rule may be adopted conferring the authority, as was done in 1849 and 1859 (I, 101, 102). Duties are imposed on the Sergeant-at-Arms by law (I, 258) : Control of Capitol police; and the making up of the roll of Members-elect in caae of vacancy in the office of Clerk, orthe absence or disability of that officer. 1 642. The mace 2. The symbol of his office shall be the symbol of ^]^g mace, which shall be borne by him the Sergeant-at- ' _ •' Arms' office. while euforcing order on the floor. This rule was adopted in 1789 (II, 1346). An attempt to enforce order without the mace gave rise to a question of privilege (II, 1347). Rule V. DUTIES OF THE DOORKEEPER. 1. The Doorkeeper shall enforce strictly the rules relating to the privileges of the Hall and dnties o/thT be responsible to the House for the offi- Doorkeeper. ^-^j couduct of his employecs. This rule was adopted in 1838, and amended in 1880 (I, 260). The law also requires of the Doorkeeper certain administrative duties (I, 262): Care of the apartments occupied by the House; custody of furniture, books, etc. ; charge of the documents in the folding and document rooms; supervision of janitor service; and the making of the roll of Members- elect in case the Clerk and Sergeant-at-Arms are unable to perform the duty. [275] RULES OP THE HOUSE OF REPRESENTATIVES. |§ 644-646. «">• "• When a message is received by the House, the Doorkeeper introduces the bearer thereof (V 6591). 2. At the commencement and close of each session 5 644. Doo^eeper of CongTCSs he shall take an inventory the custodian of pf g^jj ^j^g fuTnituTe, books, and other fnrnitnre, books, • . i i etc. public property m the several com- mittee and other rooms under his charge, and report the same to the House, which report shall be referred to the Committee on Accounts to ascertain and determine the amount for which he shall be held liable for missing articles. This rule was adopted in 1865, and amended in 1880 (I, 261). 3. He shall allow no person to enter the room over § 645. The Door. the haU of the House during its sit- keeper clears the tiugs; aud fifteen minutes before the floor of nnanthorized " ^•'to'-' ! persons. houT of the meeting of the House each day he shall see that the floor is cleared of all persons except those privileged to remain, and kept so until ten minutes after adjournment.. This rule was adopted in 1869, with amendments in 1880 and 1890 (V, 7295). Rule VI. DUTIES OF THE POSTMASTER. The Postmaster shall superintend the post-office kept in the Capitol and House Office § 646. The Post- i <• i i • c master superintends Buildmg for the accommodatiou of the House post-office. .^ , , • t-v i . -i rr' Representatives, Delegates, and officers of the House, and be held responsible for the prompt and safe delivery of their mail. This rule was adopted in 1838, with amendment in 1880 (I, 270). The law requires the Postmaster to account at the first of each regular session for the government property in his possession (I, 271). [276] RULES OF THE HOUSE OF REPRESENTATIVES. Bnles VII, VIII. §§ 647-650, Rule VII. DUTIES OP THE CHAPLAIN. The Chaplain shall attend at the commencement § 647. Duties of the of each day's sitting of the House and Chaplain. Open the same with prayer. This rale was adopted in 1880 (I, 272), but the sessions of the House were opened with prayer from the first, and the Chaplain was an officer of the House before the adoption of the rule (I, 273-282). Rule VIII. OF THE MEMBERS. 1. Every Member shall be present within the hall of the House during its sittings, unless § C48. Members j .i j. i j required to be excused or necessanly prevented; and present and vote. gJ^g^JJ yote.On Cach qUCStloU put, UnlsSS 1 649. Personal i t_ j • j. i interest. he has a direct personal or pecumary interest in the event of such question. This rule was adopted in 1789, with amendment in 1890 (V, 5941). Leaves of absence are presented pending the motion to adjourn (IV, 3151), and are usually granted by general consent, but sometimes are opposed or even refused (II, 1142-1145). Whether or not they are privi- leged is a matter of doubt (II, 1146, 1147). Excuses for absence, as dis- tinguished from leaves of absence, may be granted by less than a quorum (IV, 3000-3002). The statutes provide that deductions may be made from the salaries of Members who are absent without sufficient excuse (II, 1149, 1150); and this law haa actually been enforced (IV, 3011, footnote). It has been found impracticable to enforce the provision requiring every Member to vote (V, 5942-5948); and the weight of § 650. Member's authority also favors the idea that there is no autiiority Tote " ° ^^ *^® House to deprive a Member of the right to vote (V, 5937, 5952, 5959, 5966, 5967). In one or two in- stances the Speaker has decided that, because of personal interest, a Member should not vote (V, 5955, 5958); but usually the Speaker has held that the Member himself should determine this question (V, 5950, 5951), and one Speaker denied his own power to deprive a Member of the constitutional right to vote (V, 5956). [277] EXILES OF THE HOUSE OF REPBESENTATIVES. §§ 651-658. Bole IX. The House has frequently excused Members from votii^ in cases of personal interest (III, 2294; V, 5962). It is a principle of "immemorial observance" that a Member should withdraw when a question concerning himBeU arises § 651. Nature of (y^ 5949); but it has been held that the disqualifying personiu^erest interest must be such as affects the Member directly (V, 5954, 5955, 5963), and not as one of a class (V, 5952). In a case where questions affected the titles of several Members to their seats, each refrained from voting in his own case, but did vote on the identical cases of his associates (V, 5957, 5958). And while a Member should not vote on the direct questions affecting himself, he has some- times voted on incidental questions (V, 5960, 5961). 2, Pairs shall be announced by the Clerk, after the completion of the second roll call, from a written list furnished him, and signed by the Member making the statement to the Clerk, which list shall be published in the Record as a part of the proceedings, immediately following the names of those not voting : Provided, pairs shall be announced but once during the same legislative day. This rule was adopted in 1880, although the practice of pairing had then existed in the House for many years (V, 5981). Pairs may not be announced at a time other than that prescribed by the rule (V, 6046) or in Committee of the Whole (V, 5984). The House does not consider questions arising out of the breaking of a pair (V, 5982, 5983, 6095) or permit a Member to vote after the call on the plea that he had refrained because of misunderstanding as to a pair (V, 6080, 6081). Rule IX. QUESTIONS OF PRIVILEGE. Questions of privilege shall be, first, those affecting § 658. Deflnition the Hghts of the House collectively, its oTqneZ'r;; safety, dignity, and the integrity of its privilege. proceedings; second, the rights, repu- tation, and conduct of Members, individually, in their [278] ETILES OF THE HOUSE OF REPRESENTATIVES. Bnle IX. §§ 654, 6SS. representative capacity only; and shall have pre- cedence of all other questions, except motions to adjourn. This rule was adopted in 1880 (III, 2521). It merely put in form of definition what had been long established in the practice of the House, but what the House had hitherto been unwilling to define (II, 1603). The privilege of the House, as distinguished from that of the individual § 664. Privilege of Member, includes questions relating to its constitutional the Hoase. prerogatives, in respect to revenue legislation and appro- priations (II, 1480-1501); Including revenue, and other treaties (II, 1502- 1537); its power to punish for contempt, whether of its own Members (II, 1641-1665), of witnesses who are summoned to give information (II, 1608, 1612; III, 1666-1724), or of other persons (II, 1597-1640); questions relat- ing to its oi^anization (I, 22-24, 189, 212, 290), and the title of its Members to their seats (III, 2579-2587), including various questions incidental thereto (I, 322, 328, 673, 742; II, 1207; III, 2588); the conduct of officers and employees (I, 284, 285; III, 2628, 2645-2647); comfort and convenience of Members and employees (III, 2629-2636); admission to the fioor of the House (III, 2624-2626); the accuracy and propriety of reports in the Con- gressional Record (V, 7005-7023); the conduct of representatives of the press (II, 1630, 1631; III, 2627); the protection of papers in its files, espe- cially when demanded by the courts (III, 2660-2664); the integrity of its Journal (II, 1363; III, 2620); the protection of its records (III, 2659); the accuracy of its documents (V, 7329) and messages (III, 2613); and the integrity of the processes by which bills are considered (III, 2597-2601, 2614; IV, 3383, 3388, 3478). High constitutional privilege to declare office of Speaker vacant (Mar. 19, 1910; 2d sess 61st Cong., p. 3437). Not privi- leged to amend Rules of House. Speaker Cannon sustained by House by vote of 235 to 53 (Record, 3d sess. 61st Cong., p. 686). This decision over- rules decision of March 19, 1910, holding such motion privileged. The privilege of the Member rests primarily on the Constitution, which gives to him a conditional immunity from arrest; and °. ■ ^\ *^* " an unconditional freedom of debate in the House (III, the Hemoer. , - 2670). A menace to the personal safety of Members from an insecure ceiling in the Hall was held to involve a question of the highest privilege (III, 2685) ; and an assault on a Member within the Capitol when the House was not in session, from a cause not connected with the Member's representative capacity, was also held to involve a question of privilege (II, 1624). But there has been doubt as to the right of the House to interfere for the protection of Members who, outside the Hall, get into difficulties not connected with their official duties (II, 1277; III, 2678; [279] EXILES OF THE HOUSE OF EEPEE8ENTATIVES. §§ 656,657. ^ Rule IX. footnote). Charges against the conduct of a Member are held to involve privilege when they relate to his representative capacity (III, 1828-1830, 2716) ; but when they relate to conduct at a time before he became a Member they have not been entertained as of privilege (II, 1287; III, 2691, 2723, 2725) . A distinction has been drawn between charges made by one Member against another in a newspaper and the same when made on the floor (III, 1827, 2691, 2717). Charges made in newspapers against Members in their representative capacities involve privilege (III, 1832, 2694, 2696-2699, 2703, 2704), even though the names of individual Members be not given (III, 1831, 2705, 2709) . But vague charges in newspaper articles (III, 2711), criticisms (III, 2712-2714), or even misrepresentations of the Members' speeches or acts (III, 2707, 2708) have not been entertained. The clause of the rule giving questions of privilege precedence of all 5 656. Cleneral prln- Other questions except a motion to adjourn is a recog- clples as to preced- nition of a principle always well understood in the ence of questions of House, for it is an axiom of the parliamentary law that privilege. ^^^^ ^ question "supersedes the consideration of the ordinal question, and must be first disposed of" (III, 2522, 2523). As the business of the House began to increase it was found necessary to give certain important matters a precedence by rule, and such matters are called "privileged questions." But as they relate merely to the order of business under the rules, they are to be distinguished from "questions of privilege" which relate to the safety or efficiency of the House itself as an organ for action (III, 2718). It is evident, therefore, that a question of privilege takes precedence over a matter merely privileged under the rules (III, 2526-2530; V, 6454). So also certain matters of business, arising imder provisions of the Constitution mandatory in nature, have been held to have a privilege which supersedes the rules establishing the order of business, as bills providing for census or apportionment (I, 305-308), bills returned with the objections of the President (IV, 3530-3536), propositions of im- peachment (III, 2045-2048, 2051, 2398), and questions incidental thereto (III, 2401, 2418; V, 7261), matters relating to the count of the electoral vote (III, 2573-2578), and resolutions relating to adjotumment and recess of Congress (V, 6698, 6701-6706). But the ordinary rights and functions of the House under the Constitution are exercised in accordance with the rules without precedence as matters of privilege (III, 2567). A question of privilege may interrupt the reading of the Journal (II, 1630), § 657. Precedence of °^ ^^^ consideration of a bill under a special order (III, questions of privilege 2524, 2525), or a proposition to suspend the rules (III, as related to pending 2553), or the consideration of a matter on which the business. previous question has been ordered (III, 2532). WhUe a question of privilege is pending a message of the President is received [280] RULES OP THE HOUSE OF REPRESENTATIVES. Rule X. . §§ 658-661. (V, 6640-6642), but is read only by unanimous consent (V, 6639). A motion to reconsider may also be entered but may not be considered (V, 5673-5676) . Only one question of privilege may be pending at a time (III, 2533). In general one question of privilege may not take precedence over another. (Ill, 2534, 2552, 2581). When a Member proposes merely to address the House on a question of personal privilege, and does not bring up a matter § 658. Precedence of affecting the efficiency or integrity of the House as an qnestlons of personal ,° . , "^ . ° "^ privilege. organ for action, the practice as to precedence is some- what different. Thus, a Member rising to a question of personal privilege may not interrupt a call of the yeas and nays (V, 6051, 6052, 6058, 6059) or take from the floor another Member who has been recog- nized for debate (V, 5002), but he may interrupt the ordinary legislative business (III, 2531). During a call of the House in the absence of a quorum only such questions of privilege may be presented as relate to the immediate § 659. anestions of proceedings (III, 2545). A question of privilege may prlvUege In the f • j ■ ^ -j./ c ?i_ -nn. i x i.j. absence of aqnomm. ^e raised in Committee of the Whole as to a matter occurring in that committee (III, 2540-2544), yetabreach of privilege occurring in Committee of the Whole relates to the dignity of the House and is so treated (II, 1657). A proposition of privilege may lose its precedence by association with a matter not of privilege (III, 2551; V, 5890). Whenever it is asserted on the floor that the privileges of the House are invaded, the Speaker entertains the question (II, 1501), §660. Raising qnes- ^^ common fame has been held sufficient basis for tlons of privilege. . . „»„is j. i i.- j- raising a question (III, 2538, 2701); a telegraphic dis- patch may also furnish a basis (III, 2539). But a Member may not, as a matter of right, require the reading of a book or paper on suggesting that it contains matter infringing on the privileges of the House (V, 5258). In presenting a question of personal privilege the Member is not required in the first instance to ofier a motion, but he must take this preliminary step in raising a question of general privileges (III, 2546, 2547). Rule X. OF COMMITTEES. There shall be elected by the House, §661. Election of , e ^ r-i standing at the Commencement oi each Congress, committees. ^^^ following Standing committees, viz : Prior to Sixty-second Congress the Speaker appointed standing com- mittees. 69373°— 12 19 [281] RULES OF THE HOUSE OF REPRESENTATIVES. § 662. Kule X. §662. Names and 1. * * * On Electious, three com- "toStar"'"' mittees, to consist of 9 members each, committees. to be Called No. 1, No. 2, and No. 3, respectively. 2. On Ways and Means, to consist of 21 mem- bers. 3. On Appropriations, to consist of 21 mem- bers. 4. On the Judiciary, to consist of 21 mem- bers. 5. On Banking and Cmrency, to consist of 21 members. 6. On Coinage, Weights, and Measures, to consist of 18 members. 7. On Interstate and Foreign Commerce, to consist of 21 members. 8. On Rivers and Harbors, to consist of 21 mem- bers. 9. On the Merchant Marine and Fisheries, to consist of 21 members. 10. On Agriculture, to consist of 21 mem- bers. 11. On Foreign Affairs, to consist of 21' mem- bers. 12. On Military Affairs, to consist of 21 mem- bers. 13. On Naval Affairs, to consist of 21 mem- bers. 14. On the Post Office and Post Roads, to consist of 21 members. [282] RULES OF THE HOUSE OF REPRESENTATIVES. Rule X. I 662. 15. On the Public Lands, to consist of 21 mem- bers. 16. On Indian Affairs, to consist of 19 mem- bers. 17. On the Territories, to consist of 16 mem- bers. 18. On Insular Affairs, to consist of 21 mem- bers. 19. Op Railways and Canals, to consist of 14 members. 20. On Mines and Mining, to consist of 14 mem- bers. 21. On Public Buildings and Grounds, to consist of 17 members. 22. On Education, to consist of 15 members. 23. On Labor, to consist of 13 members. 24. On Patents, to consist of 14 members. 25. On Invalid Pensions, to consist of 16 mem- bers. 26. On Pensions, to consist of 15 members. 27. On Claims, to consist of 16 members. 28. On War Claims, to consist of 15 members. 29. On the District of Columbia, to consist of 21 members. 30. On Revision of the Laws, to consist of 13 members. 31. On Reform in the Civil Service, to consist of 13 members. . [283] RTJLES OF THE HOUSE OF REPRESENTATIVES. § 662. Kule X. 32. On Election of President, Vice President, and Representatives in Congress, to consist of 13 members. 33. On Alcoholic Liquor Traffic, to consist of 11 members. 34. On Irrigation of Arid Lands, to consist of 13 members. 35. On Immigration and Naturalization, to con- sist of 15 members. 37. On Expenditures in the State Department, to consist of 7 members. 38. On Expenditures in the Treasury Department, to consist of 7 members. 39. On Expenditures in the War Department, to consist of 7 members. 40. On Expenditmres in the Navy Department, to consist of 7 members. 41. On Expenditures in the Post Office Depart- ment, to consist of 7 members. 42. On Expenditures in the Interior Department, to consist of 7 members. 43. On Expenditures in the Department of Justice, to consist of 7 members. 44. On Expenditures in the Department of Agri- culture, to consist of 7 members. 45. On Expenditures in the Department of Com- merce and Labor, to consist of 7 members. 46. On Expenditures on Public Buildings, to con- sist of 7 members. [284] RULES OF THE HOUSE OF REPRESENTATIVES. Rule X. 5 663. 47. On Rules, to consist of 11 members, of which the Speaker shall not be a member. 48. On Accounts, to consist of 11 members. 49. On Mileage, to consist of 5 members. 50. On the Census, to consist of 16 members. 51. On Industrial Arts and Expositions, to consist of 16 members. Also the following joint standing committees, viz : 52. On the Library, to consist of 5 members. 53. On Printing, to consist of 3 members. 54. On Enrolled Bills, to consist of 7 members. 55. On the Disposition of Useless Executive Papers, to consist of 2 members. § 663. Speaker 2. The Speaker shall appoint all se- ap points select i , -i n ',, i • i and conference lect and coniercnce committees which committees. shall be Ordered by the House from time to time. This portion of the rule relating to select committees was adopted in 1880, and the provision relating to conference committees in 1890, although the practice of leaving the appointment of conference committees to the Speaker had existed from the earliest years of the House's history (IV, 4470). Prior to 1880 the House might take from the Speaker the appointment of a select committee (IV, 4448, 4470), and on several occasions did so in fact (IV, 4471-4476). In the earlier usage of the House the Member moving a select committee was appointed its chairman (II, 1275; III, 2342; IV, 4514-4516); but except for matters of ceremony, the inconvenience and even impropriety of the usage has caused it often to be disregarded in modem practice (IV, 4517-4523, 4671). [285] RULES OF THE HOUSE OP REPRESENTATIVES. §§ 664-666. ""l* X- 3. At the coimnencement of each Congress the House shall elect as chairman of each § 664. Selection of . . , , chairman of Standing committee one oi the members committee. thereof ; in the temporary absence of the chairman the member next in rank in the order named in the election of the committee, and so on, as often as the case shall happen, shall act as chairman; and in case of a permanent vacancy in the chairman- ship of any such committee the House shall elect another chairman. (Rule adopted 62d Cong.) 4. All vacancies in standing committees of the § 665. Committee Housc shall bc fiUed by election by the vacancies. Housc. (Rulc adopted 62d Cong.) 5. The chairman shall appoint the clerk or clerks § 666. Clerk of 01" othcr cmployecs of his committee, committee. subjcct to its approval, who shall be paid at the public expense, the House having first pro- vided therefor. This rule was adopted in 1838 and amended in 1880 (IV, 4533) . Amended 1st sess. 61st Cong. Annual clerks of committees are authorized by a resolution reported by the Committee on Accounts and agreed to by the House (IV, 4534), and session clerks are assigned to committees by similar action (IV, 4535). There is no legal power to fill a vacancy in the clerkship of a committee after one Congress has expired and before the next House has been organ- ized (IV, 4539). An assault upon the clerk of a committee within the walls of the Capitol was held to be a breach of privilege (II, 1629). ' The pay of clerks has been the subject of several decisions (IV, 4536-4538) . [286] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XI. §5 667-669. Rule XI. POWERS AND DUTIES OF COMMITTEES. All proposed legislation shall be referred to the § 667. Jurisdiction coroiiuttees named in the preceding or committees. j.ule, as foUows, vlz : Subjects relating— This rule is mandatory on the Speaker in referring public bills and on Members in referring private bills and petitions under Rule XXII, but when the House itself refers a bill it may send it to any committee without regard to the rules of jurisdiction (IV, 4375; V, 5527) and jurisdiction is thereby conferred (IV, 4362-4364). A bill may not be divided among two or more committees, although it may contain matters properly within the jurisdiction of several committees (IV, 4372). A bill may be originated by a committee having jurisdiction of a subject by means of a petition (IV, 3365) properly referred (IV, 4361). It has generally been held that a com- mittee may not report a bill whereof the subject-matter has not been referred to it by the House (IV, 4355-4360). Where a House bill is returned from the Senate with a substitute amendment relating to a new and different subject, the reference should nevertheless be to the committee having jurisdiction of the original bill (IV, 4373, 4374). The erroneous reference of a public bill under this rule, if it remain uncorrected, gives jurisdiction (IV, 4365-4371), but such is not the case with a private bill or petition (IV, 3364, 4382-4389) unless the reference be made by action of the House itself (IV, 4390, 4391). A point of order as to the reference of a private bill is good when the bill comes up for consideration, either in the House or in Committee of the "WTiole (IV, 4382-4389). 1. To the election of Members — to the respective § 668. Elections. Committees on Elections. The Committee on Elections was established as a standing committee in 1794, but there had been a select committee from the first organization of the House. In 1895 it was divided into three committees (IV, 4019). The Committee on Elections has considered questions relating to cre- dentials (I, 764, footnote) and qualifications (I, 426; ^®®^- 11,946). [287] RULES OF THE HOUSE OF REPEESEKTATIVES. §§ 670,671. Knie XI. 2. To the revenue and the bonded debt of the s 670. Ways and United States — to the Committee on Means. Wajs and Means. Ab a select committee Ways and Means dates from 1789. It was made a standing committee in 1802. Originally it considered both revenue and appropriations; but in 1865 the appropriation biUs were given to the Com- mittee on Appropriations and certain other bills to the Committee on Banking and Currency (IV, 4020). The revenue jurisdiction extends to such subjects as transportation of dutiable goods, collection districts, ports of entry and delivery (IV, 4026), customs unions, reciprocity treaties (IV, 4021), seal herds and other revenue- producing animals of Alaska (IV, 4025), revenue relations of the United States with Porto Eico and the Philippines (IV, 4025), and the revenue bills relating to agricultural products generally, excepting oleomargarine (IV, 4022). The committee has jurisdiction of subjects relating to the Treasury of the United States and the deposit of the public moneys (IV, 4028), but it failed to make good a claim to the subjects of "national finances" and "preservation of the Government credit" (IV, 4023). The committee also reports the resolutions distributing the President's annual message (IV, 4030), and resolutions for final adjournments of Con- gress and recesses (IV, 4031). 3. To appropriation of the revenue for the support § 671. Appro- of the Government as herein provided, priations. .^j^, for legislative, executive, and ju- dicial expenses; for sundry civil expenses; for for- tifications and coast defenses; for the District of Columbia; for pensions; and for all deficiencies — to the Committee on Appropriations. This committee was established in 1865, when all the general appropria- tion bills were confided to ita care. In 1885 a portion of the bills were distributed to other committees. In 1890 the subject of "coast defenses" was added to the fortifications bill (IV, 4032). ■yrhile this committee has authority to report appropriations, the power to report legislation relating thereto belongs to other committees (IV, 4033). The services for the departments in Washington, except the Agricultural [288] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XI. § 672. Department, and a wide range of other subjects relating to the legislative, executive, and judicial branches of the Government belong to this com- mittee (IV, 4033). Appropriations for barracks and quarters for troops of the Seacoast Artillery (IV, 4049), for field guns and their appurtenances (IV, 4042-4044), for submarine mines and torpedoes for coast defenses (IV, 4048), and for the equipment of arsenals and armories (IV, 4045-4047) are made by the Committee on Appropriations." Appropriations for ocean and lake surveys have been a subject of contention between the Appropria- tions and Naval Affairs Committees (IV, 4040, 4041). Expenditures in fulfillment of contracts for river and harbor work are reported by the Appropriations Committee (IV, 4036). It also reports awards of money to foreign nations in pursuance of treaties for the adjustment of claims or as acts of grace (IV, 4050, 4053). 4. To judicial proceedings, civil and criminal § 632. Judiciary. law — to the Committee on the Judiciary. This committee dates from 1813 (IV, 4054). It considers charges against judges of the United States courts (IV, 4062), legislative propositions relating to the service of the Department of Justice (IV, 4067), bills relating to local courts in the District of Columbia, Alaska, and the Territories (IV, 4068), the establishment of a court of patent appeals (IV, 4075), relations of the courts to labor and corporations (IV, 4072), crimes, penalties, extradition (IV, 4069), construction and management of national penitentiaries (IV, 4070), matters relating to trusts and corpora- tions (IV, 4057, 4059, 4060), claims of States against the United States (IV, 4080), general legislation relating to international and other claims (IV, 4078, 4079, 4081), bills relating to the office of President (IV, 4077), to the flag (IV, 4055), holidays and celebrations (IV, 4073), bankruptcy (IV, 4065), removal of political disabilities (IV, 4058), interstate commerce relations of traffic in intoxicating liquors (IV, 4061), mutiny and willful destruction of vessels (IV, 4145), counterfeiting (IV, 4071), settlement of State and Terri- torial boundary liues (IV, 4060), meeting of Congress and attendance of Members and their acceptance of incompatible offices (IV, 4077). This committee also has a general but not exclusive jurisdiction over joint reso- lutions proposing amendments to the Constitution (IV, 4056). It also reports on important questions of law relating to subjects naturally within the jurisdiction of other committees (IV, 4063). The Judiciary Committee does not report appropriations of money. [289] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 678-675. •''''* ^'' 5 678. Banking 5. To banking and currency— to the and cnrrency. Committee on Banking and Currency. This committee was established in 1865 (IV, 4082). It has reported on subjects relating to the strengthening of public credit, issues of notes and taxation and redemption thereof (IV, 4084), propositions to maintain the parity of- the money of the United States (IV, 4089), the issue of silver certificates as currency (IV, 4087, 4088), national banks and current deposits of public money (IV, 4083), the incorporation of an inter- national bank (IV, 4086), and subjects relating to the Freedman's Bank (IV, 4085). It does not report appropriations of money. 6. To coinage, weights, and meas- weigh'ts, and ' ures — to the Committee on Coinage, measnres. Weights, arid Measures. This committee was established in 1864 (IV, 4090). It has reported on bills defining and fixing the standard of value, regulating coinage and exchanges of coin (IV, 4095), coinage of silver and purchase of bullion (IV, 4093), Hawaiian coinage (IV, 4092), mints and assay offices (IV, 4094), the standardizing bureau and metric system (IV, 4091). It does not report appropriations of money. 7. To commerce, Ufe-saving service, and light- houses, other than appropriations for § 675. Interstate . . i t i j i and foreign hle-saviug scrvice and hghthouses — commerce. ^^ ^^^ Committee on Interstate and Foreign Commerce, This committee dates from 1795 (IV, 4096). It formerly reported the river and harbor appropriation bill, but in 1883, after the wording of the rule had been adopted, the Committee on Rivers and Harbors was created to care for the river and harbor bill (IV, 4096). So this committee has no jurisdiction over appropriations, although the words of the rule imply that it may appropriate for commerce. Bills relating to the Department of Commerce and Labor and the Inter- state Commerce Commission (IV, 4098) are reported by this committee. [290] RULES OF THE HOUSE OP EEPRESENTATIVES. Bale XI. §§ 676-678. The Committee on Interatate and Foreign Commerce has general juris- diction of bills affecting domestic and foreign commerce, § 676. Jurisdiction except such as may affect the revenue (IV, 4097), of by water. ""^^ relatmg to bills of lading, entermg and clearing of vessels, liability of shipowners (IV, 4137), regulation of harbors, and the placing of works such as pipes and tunnels likely to obstruct navigation (IV, 4102), privilege of foreign vessels in American ports, con- tracts in export trade, wrecks in international waters (IV, 4144), authoriza- tion of light ships, fog signals (V, 4104), revenue cutters, and auxiliary craft of the customs service (IV, 4108), ocean derelicts, lumber rafts, hydro- graphic office charts (IV, 4105), life-saving service and refuge stations in the Arctic regions (IV, 4107). BUls relating to ocean cables (IV, 4106), to a canal between the Atlantic and Pacific, and to a limited extent the general subjects of canals in the United States (IV, 4103) are also within its jurisdiction. It also has jiuisdiction of bills authorizing the construction of marine hospitals and the acquisition of sites therefor (IV, 4110), the general sub- jects of quarantine and the establishment of quarantine stations (IV, 4109), health, spread of leprosy and other contagious diseases, international con- gress of hygiene, etc. (IV, 4111). Bills declaring as to whether or not streams are navigable and for pre- venting or regulating hindrances to navigation (IV, 4101), such as bridges (IV, 4099) and dams, except such dams as are a part of river improvements (IV, 4100), belong to the jurisdiction of this committee. The Committee on Interstate and Foreign Commerce considers bills reg- ulating railroads in their interstate commerce relations § 677. Jurisdiction ,jy 41^4) ^^^g relating to commercial travelers as OTcr commerce by ^^j..... jii.i,j- ji- railroads agents of interstate commerce and the brandmg of arti- cles going into such commerce (IV, 4115), the preven- tion of the carriage of indecent and harmful pictures or literature (IV, 4116), the adulteration, misbranding, etc., of foods and drugs (IV, 4112), and pro- tection of game through prohibition of interstate transportation (IV, 4117). The regulation of exportation of live stock, meat, and other agricultural products have also been to a certain extent within the jurisdiction of this committee (IV, 4113). 8. To the improvements of rivers § 6J8. Rivers and ^^^ harbors— to the Committee on barbors. Rivers and Harbors. This committee was established in 1883 (IV, 4118). [291] RULES OF THE HOUSE OF REPRESENTATIVES. § 679. Rule XI. This rule does not mention the committee's right to report the river and harbor appropriation bill, but the authority is implied by section 61 of Kule XI (IV, 4621) and is established by long usage. The river and harbor biU is not one of the general appropriation bills (IV, 4219) and is not sub- ject to their restrictions as to legislation (IV, 3897-3903). A subject of which the Rivers and Harbors Committee has jurisdiction may be reported in the river and harbor bill (IV, 4119). The committee has reported on public works for the benefit of navigation, on the use of water power on improved streams (IV, 4125), and on an international arrangement as to the use of water at the outlet of the Great Lakes (IV, 4126). But a pro- vision relating to a commission to investigate the conditions and uses of waters adjacent to an international boundary line (IV, 4165), as well as propositions for the construction of canals (IV, 4219, 4220) and for irrigation (IV, 4128), have been held not to be within the jurisdiction of the committee. § 6J9. Merchant 9. To the merchant marine and fish- rsheries!"* eries— to the Committee on the Mer- chant Marine and Fisheries. This committee was established in 1887 (IV, 4129). The jurisdiction of this committee includes the general subjects of ship- building, admission of foreign-buUt ships, registering and licensing of vessels (IV, 4134), including pleasure yachts (IV, 4143), tonnage taxes and fines and penalties on vessels (IV, 4131), the extension and iucrease of the merchant marine (IV, 4138), navigation and the laws relating thereto (IV, 4130), pilotage (IV, 4136), the naming and measuring of vessels (IV, 4132), rules and international arrangements to prevent collisions at sea (IV, 4135), and the shipping, wages, treatment (IV, 4140), and health of sailors (IV, 4141). The committee has also exercised a general but less exclusive juris- diction over subjects relating to inspection of steam vessels as to hulls and boilers (IV, 4133), lights and signals (IV, 4135), and protection from fire on vessels (IV, 4141), collisions, coasting districts, marine schools, etc. (IV, 4146), regulation of small vessels propelled by naphtha, etc., and trans- portation of inflammable substances on passenger vessels (IV, 4142), the titles, conduct, and licensing of officers of vessels (IV, 4139), and regula- tion of shipping in Hawaii and even in the Philippines (IV, 4130). This committee has no authority to report appropriations. [292] RULES OF THE HOUSE OF REPRESENTATIVES. Bule XI. §§ 680, 681. 10. To agriculture and forestry — to the Commit- tee on Agriciilture, who shall receive 1 680. Agriculture. ,• j. i j_ j_i the estunates and report the appro- priations for the Agricultural Department. This committee was established in 1820. In 1880 the subject of forestry was added to, its jurisdiction, and at the same time the authority to receive the estimates and report appropriations was conferred (IV, 4149). It has had jurisdiction of bills for establishing and regulating the Depart- ment of Agriculture (IV, 4150), for inspection of live stock and meat prod- ucts, regulation of anima,! industry, diseases of animals (IV, 4154), adultera- tion of seeds, insect pests, protection of birds and animals in forest reserves (IV, 4157), the improvement of the breed of horses, even with the cavalry service in view (IV, 4158). The committee, having in charge the general subject of forestry, has reported bills relating to timber, and forest reserves other than those created from the public domain (IV, 4160). It has also exercised jurisdiction of bills relating to agricultural colleges and experiment stations (IV, 4152), the Weather Bureali (IV, 4151), incor- poration of agricultural societies (IV, 4159), establishment of a highway commission (IV, 4153), and to discourage fictitious and gambling transac- tions in farm products (IV, 4161). The committee has, by direct action of the House, secured jurisdiction of bills imposing an internal-revenue tax on oleomargarine (IV, 4156), and has also had a general but not exclusive jurisdiction of bills relating to imitation dairy products, manufacture of lard, etc. (IV, 4156). But this jiuisdiction of revenue matters is exceptional (IV, 4155). 11. To the relations of the United States with for- § 681. Foreign sigu natioHS, including appropriations »*f»'"- therefor — to the Committee on Foreign Affairs. This committee was established in 1822, and the authority to report appropriations was conferred in 1885 (IV, 4162). It has a broad jurisdiction over foreign relations, including bills to establish boundary lines between the United States and foreign nations, to determine naval strength, aud regulate bridges and dams on interna- tional waters (IV, 4166), for the protection of American citizens abroad [293] ET7LES OF THE HOUSE OF BBPBESGNTATIVBS. §682. I'"!* Pl- anet expatriation (IV, 4169), to maintain the treaty righta of American fishermen (IV, 4172), for extradition with foreign nations, international arbitration, relating to violation of neutrality (IV, 4178a), international conferences and congresses (IV, 4177), the incorporation of the American National Red Cross and protection of its insignia (IV, 4173), immig ration of Chinese and Japanese (IV, 4172), intervention abroad and declarations of war (IV, 4164), affairs of the consular service, including acquisition of land and buildings for legations in foreign capitals (IV, 4163), creation of courts of the United States in foreign countries (IV, 4167), treaty regular tions as to protection of fur seals (IV, 4170). The committee has also considered measures for fostering commercial intercourse with foreign nations and for safeguarding American business interests abroad (IV, 4175), and even the subjects of commercial treaties and reciprocal arrangements (IV, 4174), although in later practice the Committee on Ways and Means has considered such matters (IV, 4021). Foreign Affairs has exercised a general but not exclusive jurisdiction over legislation relating to claims having international relations (IV, 4168) . The coromittee also exercised a preliminary jurisdiction as to the canal between the Atlantic and Pacific oceans (IV, 4177). 12. To the military establishment, the militia, and § 682. Muitary the pubHc defense, including the appro- *"*''*• priations for their support and for that of the Military Academy — to the Committee on Military Affairs. This committee was created in 1822, and in 1885 the authority to report appropriations was conferred (IV, 4179). It reports two general appropria- tion bills, one for the Army and the other for the Military Academy (IV, 4180). To this committee belongs the jurisdiction of legislative propositions relating to the War Department; but it does not report appropriations for salaries therein. (IV, 4181.) It also reports legislation for national soldiers' homes (IV, 4184), military parks and battlefields (IV, 4187), and national cemeteries (IV, 4186) ; but appropriations therefor are reported by the Com- mittee on Appropriations (IV, 4083, 4051). Appropriations for fire control and direction apparatus for field artillery are within the jurisdiction of Military Affairs. (IV, 4184.) In a few instances this committee has reported general bills providin g for the adjustment of claims arising out of war. (IV, 4188.) [294] RULES OP THE HOUSE OF REPRESENTATIVES. Rule XI. §§ 688-686 13. To the naval establishment, including the appropriations for its support — to the § 683. Naval affairs. J^^^ K,. ^^ , A i^ • Committee on Naval Anairs. This committee was created in 1822, and in 1885 the jurisdiction of appro- priations was given to it. It reports legislation and appropriations for all branches of the naval service except for the administrative and clerical salaries in the Navy Department at Washington (IV, 4189). 14. To the post-office and post-roads, including § 684. Post-office appropriations for their support — to the and post-roads. Committee on the Post-Office and Post- Roads. This committee was created in 1808, and it was empowered to report appropriations in 1885 (IV, 4190). It reports appropriations for the postal service, including the Railway Mail Service (IV, 4191), and has general jiirisdiction of subjects relating to railway, ocean, and pneumatic-tube service (IV, 4192), postal savings banks, and postal telegraphy (IV, 4193). 15. To the lands of the United States and private claims to land — to the Committee on § 686. Public lands. , , _,,..._ , the Public Lands. This committee was created in 1805 (IV, 4194). It reports on subjects relating to the mineral resources of the public lands (IV, 4202), forfeiture of land grants and alien ownership (IV, 4201), public lands of Alaska (IV, 4196), forest reserves (IV, 4197), and national parks created out of the public domain (IV, 4199), preservation of prehistoric ruins and objects of interest on the public domain (IV, 4199), the reservation at Arkansas Hot Springs (IV, 4200), and sometimes to projects of general legislation relating to various classes of land claims (IV, 4203). 16. To the relations of the United States with the § 686. Indian ludiaus aud the Indian tribes, including »"*•"■ appropriations thetefor — to the Com- mittee on Indian Affairs. [295] EXILES OF THE HOUSE OF REPRESENTATIVES. §§ 687-691. Eule XI This committee waB created in 1821, and in 1885 was authorized to report appropriations (IV, 4204). It has a broad jurisdiction of subjects relating to the care, education, and management of the Indians, including the care and allotment of their lands (IV, 4205). It also reports both general and special bills as to claims which are paid out of Indian funds (IV, 4206). 17. To territorial legislation, the revision thereof, and affecting Territories or the admis-^ sion of States — to the Committee on the Territories. This committee was established in 1825 (IV, 4208). It has also a general jurisdiction of subjects relating to the distnct of Alaska (IV, 4211). This committee does not report appropriations. 18. To all matters (excepting those affecting the § 688. Insula! Tevenuc and the appropriations) per- ■"*'"• taining to the islands which came to the United States through the treaty of 1899 with Spain, and to Cuba— to the Committee on Insular Affairs. This committee was created in 1899 (IV, 4213). Although the rule includes subjects relating to Cuba within the jurisdic- tion of this committee, the House has by formal action sent them to the Committee on Foreign Affairs (IV, 4215). The Com- mittee on Insular Affairs has reported on a general provision for dealing with a certain class of claims in the Philippine Islands (IV, 4216). This committee does not report appropriations. 1 690. Railways 19. To railways and canals — to the and canals. Committec ou Railways and Canals. 5 691- This committee was established in 1831 (IV, 4217). It has retained a general jurisdiction of the subject of canals, but in practice has lost its jurisdiction as to railways (IV, 4114, 4218). It has no authority to report appropriations. [296] RULES OF THE HOUSE OF REPRESENTATIVES. Bnle XI. §§ 692-695. § 692. Mines and 20. To the milling interests — to the mining. Committee on Mines and Mining. This committee was established in 1865 (IV, 4223). It has reported bills relating to mineral-land laws and claims and entries thereunder (IV, 4228), to the Geological Survey (IV, 4224), to establish departments or bureaus of mines and geology (IV, 4225), to alien ownership of mineral lands (IV, 4227), to establishment of schools of mines and min- ing experiment stations (IV, 4226), to the welfare of men working in mines (IV, 4229), and to mining debris in California (IV, 4230). This committee reports no appropriations. 21. To the public buildings and- occupied or im- proved grounds of the United States, 1 698. Public ^ ° . . , . buildings and other than appropriations therefor — to pronnds. ^-^^ Committee on Public Buildings and Grounds. This committee was established in 1837 (IV, 4231). It has jurisdiction of bills authorizing the purchase of sites and construc- tion of post-offices, custom-houses, and federal court- § 694. Decisions on , . .i_ _,.• c ^x. j. lurlsdlctlon houses m the various portions of the country, govern- ment buildings within the District of Columbia (IV, 4233), including the Government Printing Office (IV, 4233). Subjects relating generally to the Capitol building, especially the House wing (IV, 4238), including the restaurant and kitchen, have been considered by this committee (ly, 4237). It has also considered subjects relating to the pub- lic reservations and parks within the District of Columbia, including Rock Creek Park (IV, 4236) and the Zoological Park (IV, 4235). Legislation relating to the office of Supervising Architect of the Treasury has also been within this jurisdiction (IV, 4232). This committee does not report appropriations. 22. To education — to the Committee S 695. Education. .^ , on Education. This committee was established in 1867 (IV, 4242). It reports legislative propositions, but not appropriations. 69373°— 12 20 [297] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 696-700. Bnle XI. , „„^ , ^ 23. To and affecting labor — to the s D90. LaDor* '^ Committee on Labor. This committee was established in 1883 (IV, 4244). It has reported on bills relating to arbitration as a means of settling labor troubles (IV, 4246), to wages and hours of labor (IV, jnrisdicHonf °°^ °" ^2^^)' *° co^'vict labor and the entry of goods made by convicts into interstate commerce (IV, 4248), to the regulation or prevention of importation of foreign laborers under contract (IV, 4249), to labor employed in various branches of the government serv- ice (IV, 4250), and rarely to classes of claims under the eight-hour law (IV, 4251). This committee does not report appropriations. 24. To patents, copyrights, and trade- § 698. Patents. i /A • marks— to the Committee on Patents. This committee was created in 1837 (IV, 4254). It has jindadiction of general and special legislation relating to copy- rights, although its title to the subject of international copyright has been contested by Judiciary (IV, 4257). It also reports bills relating to the general subject of trade-marks, including punishment for the counterfeit- ing thereof (IV, 4256), patent law, jurisdiction of courts in patent cases, the Patent Office, including a building therefor (IV, 4255), and the holding of an international patent conference (IV, 4255). This committee does not report appropriations. § 699. Invalid 25. To the pensions of the civil war — pensions. ^^ ^j^^ Committee on Invalid Pensions. This committee was first established in 1813 as a Committee on Pensions and Revolutionary Claims. Its name and jurisdiction have been changed to suit varying conditions (IV, 4258). It reports general and special bills authorizing pensions, but the actual appropriations therefor are reported by the Committee on Appropriations (IV, 4259). 26. To the pensions of all the wars of the United § 700. Pensions. States, Other than the civil war — to the Committee on Pensions. This committee is an offshoot from the old Committee on Pensions and Revolutionary Claims, which was esUblished in 1813 (IV, 4258, 4260). It reports general and special bills authorizing pensions, but does not report appropriations (IV, 4261). [298] EXILES OF THE HOUSE OF REPRESENTATIVES. Eule XI. 5§ JOl-704. 27. To private and domestic claims and demands, , „„, „, other than war claims, against the § 701. Claims. i ^ . Lmted States — to the Committee on Claims. This committee was established in 1794 (IV, 4262). It reports special bills maMng appropriations. Within its jurisdiction are subjects relating to the redemption of lost bonds, checks, and coupons (IV, 4266), and French spoliation claims (IV, 4264, 4265). While ordina- rily reporting only special bills for the relief of individuals and corpora- tions, it has reported at times general bills relating to disposition of classes of claims (IV, 4263), and public bills for adjusting accounts between the United States and the several States and Territories (IV, 4267). 28. To claims arising from any war in which the United States has been engaged — to the Committee on War Claims. This committee is an. offshoot of the old Committee on Pensions and Revolutionary Claims, estabhshed in 1813. Its present § 703. History of ^^^^ ^^ adopted in 1873 (IV, 4269) . committee. „,. ,. ,,.. „...,.. Within the nmits of its jurisdiction it may report bills making appropriations (IV, 4269). .While reporting generally on special bills for settlement of claims of individuals and corporations, it has reported also on the war claims of States and Territories against the United States (IV, 4271), and on general bills providing for the adjudication of classes of war claims (IV, 4270). 29. To the District of Columbia, other than appro- § 704. District of priations therefor — to the Committee Columbia. Qjj ^iig District of Columbia. This committee was established in 1808 (IV, 4276). It reports bills proposing legislation as to the general municipal affairs of the District (IV, 4277), relating to health, sanitary and quarantine regula- tions (IV, 4284), holidays (IV, 4283), protection of fish and game (IV, 4282), regulation of sale of intoxicating liquors (IV, 4280), adulteration of food, drugs, etc. (IV, 4280), taxes and tax sales (IV, 4279), insurance (IV, 427^);-, bills for preserving public order at times of inaugurations (IV, 4292), the Government Hospital for the Insane (IV, 4285), harbor regulations and the [299] RtTLES OF THE HOUSE OP REPRESENTATIVES. §§ 705-707. Bule XI. bridge over the Eastern Branch (IV, 4286), executors, administrators, wills, and divorce (IV, 4289), police and juvenile courts and justices of the peace (IV, 4290), incorporation and organization of societies (IV, 4288), municipal code and amendments to the criminal and corporation laws (IV, 4287). The jurisdiction of this committee as to matters affecting the higher courts of the District has been exceptional rather than general (IV, 4291). This committee does not report appropriations. 30. To the revision and codification tte"'"""""' of the Statutes of the United States— to the Committee on the Revision of the Laws. This committee was established in 1868 (IV, 4293). It has reported codifications of laws (IV, 4294), but not usually as to mere changes of laws (IV, 4295). It does not report appropriations. 31. To reform the civil service — to thl"civusCTv"ic^ the Committee on Reform in the Civil Service. This committee was created in 1893 (IV, 4296). It has reported matters relatmg to the Civil Service Commission and alleged violations of the law (IV, 4298), and the status of officers, clerks, and employees of the civil branches of the Government (IV, 4297). It does not report appropriations. 32. To the election of the President, Vice-President, § 707. Election of ^^ Representatives in Congress— to the President, vice. Committee on Election of President, President, and . ^ i t-» Representatives In Vice-President, and Representatives in Congress. /^ Congress. This committee was established in 1893 (IV, 4299). It has reported on national election laws and the enforcement thereof (IV, 4301), changes in the law regulating the electoral count and resolutions regulating the actual count (IV, 4303), the succession to the office of Presi- dent in case of his death, disa'bility, etc. (IV, 4304), proposed constitutional amendments providing for election of Senators by the people, disqualifi- cation of polygamists as Representatives (IV, 4300), changes of the terms [300] RULES OF THE HOUSE OF REPRESENTATIVES. Rnle XI. §§ 708-712. of Congress and the President, and the time of annual meeting of Congress (IV, 4302). This committee does not report appropriations. § 708. Alcoholic 33. To alcoholic liquor traffic — to the uquor trafflc. Committee on Alcoholic Liquor Traffic. This committee was established in 1893 (IV, 4305). It does not report appropriations. 34. To the irrigation of arid lands — Liri'aBdf"*'"""' *o *^® Committee on Irrigation of Arid Lands. This committee was established in 1893 (IV, 4307). It does not report appropriations. 35. To immigration or naturalization — to the § 710. Immigration Committce ou Immigration and Natu- and naturalization . -po liyQi'lOTl This committee was established in 1893 (IV, 4309). In addition to its general jurisdiction (IV, 4310, 4311) § 711. History of j^ j^^g reported authorizations for sites and buildings for immigrant stations (IV, 4312). It does not report appropriations. 36. The examination of the accounts and expendi- tures of the several departments of the § 712. Espendltnres _, , i j^i j- i • In the several Government and the manner of keeping departments. ^j^^ same; the economy, justness, and correctness of such expenditures; their conformity with appropriation laws; the proper application of pubHc moneys; the security of the Government against unjust and extravagant demands; retrench- ment; the enforcement of the payment of moneys due to the United States; the economy and accounta- [301] RULES OF THE HOUSE OF REPRESENTATIVES. § 712. Bole XI. bility of public officers; the abolishment of useless offices; the reduction or increase of the pay of officers, shall all be subjects within the jurisdiction of the nine standing committees on the public expenditures in the several departments, as follows : 37. In the Department of State — to the Committee on Expenditures in the State Department. 38. In the Treasury Department — to the Commit- tee on Expenditures in the Treasury Department. 39. In the War Department — to the Committee on Expenditures in the War Department. 40. In the Navy Department — ^to the Committee on Expenditures in the Navy Department. 41. In the Post-Office Department — ^to the Com- mittee on Expenditures in the Post-Office Depart- ment. 42. In the Interior Department — to the Committee on Expenditures in the Interior Department. 43. In the Department of Justice — ^to the Commit- tee on Expenditures in the Department of Justice. 44. In the Department of Agriculture — to the Committee on Expenditures in the Department of Agriculture. 45. In the Department of Commerce and Labor^- to the Committee on Expenditures in the Department of Commerce and Labor. [302] RULES OF THE HOUSE OF REPRESENTATIVES. Rnle XI. §§ 718-714. 46. On public buildings — to the Committee on Expenditures on Public Buildings. The first of these committees were established in 1816, and others were added as new departments were created (IV, 4315). They have reported bills relating to the efficiency and integrity of the public service (IV, 4320), leaves, of absence of officers and clerks (IV, 4319), creation and abolition of offices (IV, 4318), and fees and salaries of officers and employees (IV, 4317). They may make investigations with- out specific direction from the House; but authority must be obtained of the House for compelling testimony (IV, 4316). These committees do not report appropriations. 47. All proposed action touching the rules, joint rules, and order of business shall be i 718. Rules. PI 1 i-^l • -r-. 1 referred to the Committee on Rules. This committee, which had existed as a select committee from 1789, became a standing committee in 1880. The Speaker was first made a member of the committee in 1858 (IV, 4321), and ceased to be a member on March 19, 1910. Primarily the jurisdiction of this committee is over propositions to make or change the rules (V, 6770, 6776), for the creation of committees (IV, 4322), and directing them to make investigations (IV, 4322-4324). It also reports resolutions relating to the hoiu- of daily meeting and the days on which the House shall sit (IV, 4325), and orders relating to the use of the galleries during the electoral count (IV, 4327). It does not report appro- priations. Since 1883 the Committee on Rules has reported special orders providing times and methods for conajderation of- special biUs or § 714. Special classes of bills, thereby enabling the House by majority vote to forward particular legislation, instead of being forced to use for the piurpose the motion to suspend the rules, which requires a two-thirds vote (IV, 3152; V, 6870; for forms of, IV, 3238-3263). Special orders may still be made by suspension of the rules (IV, 3154) or by imanimous consent (IV, 3165, 3166), but it is not in order, by motion in the House, to provide that a subject be made a special order for a given date (IV, 3163), or to make a special order by a motion to postpone to a day certain (IV, 3164). But before the adoption of rules, and consequently before there is a rule as to the order of business, a Member may offer a special order for immediate consideration (V, 4971, 5450). A special order [303] RULES OF THE HOUSE OF REPRESENTATIVES. I J16. Bnle XI. reported by the Committee on Rulea must be agreed to by a majority vote of the House (IV, 3169). It is not in order to move to postpone a special order providing for the consideration of a class of bills (V, 4958), but a bill which comes before the House by the terms of a special order merely assigning the day for its consideration may be postponed by a majority vote (IV, 3177-3182). A motion to rescind a special order is not privileged under the rules regtilat- ing the order of business (IV, 3173, 3174; V, 5323). On March 19, 1910, amending rules held to be a privileged question, the House overruling decision of Speaker Cannon by vote of 182 to 162. (Record, 2d sess. 61st Cong., p. 342.) On January 9, 1911, amending rules held not to be a privileged question. The House sustained Speaker - Cannon by vote of 235 to 53. (Record, 3d sess. 61st Cong., p. 686.) 48. Touching the expenditure of the contingent fund of the House, the auditing and ccouns. gg|;|;jjj^g of g^ii accounts which may be charged therein by order of the House — to the Committee on Accounts. This committee was established in 1803. The law provides that the Speaker shall, before the termination of the last session of a Gongress, appoint three Members-elect of the next House as a temporary Committee on Accoxmts, to exercise such functions of the committee as may need to be exercised during the recess before the organization of the next House (IV, 4328). The Committee on Accounts reports resolutions authorizing the employ- ment of persons by the House (IV, 4333), including clerks for Members (IV, 4334) and committees (IV, 4331), and reporters of debates (V, 6960, 6961). The assignment of committee and other rooms in the House wing, custody of documents, etc., have been considered by this committee (IV, 4330). The rules also contemplate consideration of a class of claims by the Committee on Accounts (Rule XXI, 3; IV, 4380). It also considers subjects relating to accountability of the oflBcers of the House (IV, 4329), and examines as to observance of the rule forbidding officers and employees of the House from being interested in claims (Rule XLIII; V, 7227). The statutes make it the duty of this committee to inquire into the enforcement of certain laws relating to employees of the House, and for this purpose it is empowered by law to send for persons and papers (V, 7233). The stat- [304] RULES OF THE HOUSE OP REPRESENTATIVES. Bule XI. §§ 716, 717. utes also modify the authority of the committee over the expenditure of the contingent fund (V, 7236). It does not report appropriations of money in the Treasury of the United States. 49. The ascertaining of the travel of Members of the House shall be made bv the Com- § 716. MUeage. . i ' , , mittee on Mileage and reported to the Sergeant at Arms. This committee was established in 1837 (IV, 4336). It does not report appropriations or, ordinarily, any other legislative propositions. 50. Touching the Library of Congress, statuary, § 717. Library. ^^^ picturcs — to the Jolut Committee on the Library. This committee was established in 1802 by a law as a joint committee. In 1809 the two Houses by concurrent action supplemented the law, and in 1843 recognized it by joint rule. The joint rules having ceased to exist in 1876, the rujes of the House recognized the committee in 1880. In 1902 a law increased the membership of the committee to five in each House (IV, 4337). The statutes confer on the joint committee certain executive functions, as the acceptance or purchase of works of art for the Capitol and control of the Botanic Garden, and provide that its powers shaU reside in the Senate portion in the recess after the expiration of a Confess (IV, 4337). Aside from the executive functions of the joint committee, the House branch exercises functions as a standing conmiittee of the House, and has a jiirisdiction covering Construction and care of the building of the Library of Congress, management of the Library (IV, 4339), purchase of books and manuscripts (IV, 4340), erection of monuments to the memory of individuals (IV, 4342), and in some instances on battlefields (IV, 4341), and the removal of the remains of distinguished persons (IV, 4345). The general affairs of the Smithsonian Institution and the incorporation of similar institutions are also within the jurisdiction of the House branch of this committee (IV, 4346) . Neither the joint committee nor the House branch reports appropriation bills. [305] ETJLES OP THE HOUSE OF EEPRESENTATIVES. §1 718-720. Knle XI. AH proposed legislation or orders touching print- ing shall be referred to the Joint Com- § 718. Printiiis. jj^ii^^gg QQ Printing on the part of the House. This committee -was created by law ia 1846. In 1880 it was recognized by rule. From time to time various administrative functions have been conferred by law on this joint committee, relating to the general supervision of the printing; procuring of paper and other supplies; control of arrange- ment, style, bulk, and indexing of the Congressional Record; supervision of the printing of the Congressional Directory; editing, indexing, and binding of documents, etc. (VI, 4347). In addition to the executive duties of the joint committee, the House branch exercises legislative functions, reporting resolutions and bills relat- ing to printing, propositions to correct the Congressional Record (IV, 4349), and in infrequent cases bills relating to the pay of employees in the Government Printing Office (IV, 4348). Neither the joint committee nor the House branch report appropriations. § 719. Enrolled 52. The enrollment of engrossed bills — bills. to the Joint Committee on Enrolled Bills. This committee was established in 1789 by a joint rule of the two Houses. This rule lapsed in 1876 with the other joiat rules; but in 1880 the rules of the House were amended so as to recognize the joint committee (IV, 4350, 4416). Each branch of the committee makes comparisons of bills of its own House for enrollment (IV, 3440) and the two cooperate in the interchange of bills for signature. This committee does not report legislation or appropriations. 53. All proposed legislation concerning the dispo- sition of useless executive papers — ^to the Useless papers. . , _». .. /.tt Joint Comimttee on Disposition of Use- less Executive Papers. 54. All proposed legislation concerning the census and the apportionment of Representa- § 720. Censns. . -^-^ . ^ tives — to the Committee on the Census. [306] RULES OF THE HOUSE OF REPRESENTATIVES. Enle XI. §§ 721,722. This committee was established as a standing committee in 1901 (IV,4351) . It has considered the abridgment of the elective franchise with reference to apportionment, and bills relating to the collection of statistics (IV, 4352). It does not report appropriations. 55. All matters (excepting those relating to the rev- §721. Industrial ®^^® ^^^ appropriations) referring to arts and proposcd expositions — to the Commit- tee on Industrial Arts and Expositions. This committee was established in 1901 (IV, 4353). It does not report appropriations. 56. The following-named committees shall have 1 722. Privileged ^®^^® ^° report at any time on the mat- reports of ters herein stated, viz: The Committee committees. t-> i i • ■ i i i i on Rules, on rules, joint rules, and order of business; the Committee on Elections, on the right of a Member to his seat; the Committee on Ways and Means, on bills raising revenue; the committees hav- ing jurisdiction of appropriations, the general appro- priation bills; the Committee on Rivers and Harbors, bills for the improvement of rivers and harbors; the Committee on the Public Lands, bills for the forfeiture of land grants to railroad and other corporations, bills preventing speculation in the public lands, and bills for the reservation of the public lands for the benefit of actual and bona fide settlers; the Committee on the Territories, bills for the admission of new States; the Committee on Enrolled Bills, enrolled bills; the Com- mittee on Invalid Pensions, general pension bills; the Committee on Printing, on all matters referred to them of printing for the use of the House or two [307] BTJLES OF THE HOUSE OF EEPRESENTATIVES. §§ 723, 724. Rnle XI. Houses; and the Committee on Accounts, on all mat- ters of expenditure of the contingent fund of the House. The beginnings of this rule appear as early as 1812, but it was in 1880 that s 723. Orleln and ^^^ various provisions were consolidated in one rule, effect of the rnle At the time these privileges originated all reports were giving privilege to made on the floor, and often with great difficulty because certain reports. ^f jjjg pressure of business (IV, 4621). By giving this privilege the most important matters of business were greatly expedited. In 1890 a rule was adopted providing that reports should be made by filing with the Clerk; but privileged reports must still be made from the floor (IV, 3146). Thus the privilege of itself would now be a disadvantage were it not for the fact that the right of reporting at any time gives the right of immediate consideration by the House (IV, 3131, 3132, 3142-3147), and the matter so reported remains privileged until disposed of (IV, 3145). Privileged questions interrupt the regular order of business as established by Rule XXIV, but when they are diapoaed of it continues on from the point of interruption (IV, 3070, 3071). But the Speaker has declined to allow a call of committees to be interrupted by a privileged report (IV, 3132). The presence of matter not privileged with privileged matter destroys the privileged character of a bill (IV, 4622, 4624, 4633, 4640, 4643), and when the text of a bill contains nonprivileged matter, privilege may not be created by a committee amendment in the nature of a substitute not containing the nonprivileged matter (IV, 4623). The House may give a committee leave to report at any time only by the process of changing the rules (III, 1770). The privilege given by this rule to the Committee on Rules has been §724. The privilege ^^^^ ^° include the right to report "special orders" of Individual for the consideration of individual bills or classes of rrorts"*"' ^" ^^^^^ ^^' ^^'^*^- ^""^l^g® o* Committee on Rules con- "*"" ^* flued to "action touching rules, joint rules, and order of business." Ruling of Speaker Clark, August 15, 1912, Sixty-second Con- gress, second session, page 11017, as follows: "Mr. Mann made the point of order that the resolution is not privileged. " The Speaker sustained the point of order, and said: " 'The Chair rules that the point of order of the gentleman from Illinois [Mr. Mann] is well taken, and will give the reason for the ruling. In sub- [308] RULES OF THE HOUSE OF REPRESENTATIVES. Bnle XI. § 724. division 56 of Rule XI, on page 357 of the Manual and Digest, the matters which are privileged in reports of committees are set out: " " The following-named committees shall have leave to report at any time on the matters herein stated, namely: The Committee on Rules is priv- ileged to report rules, joint rules, and order of business." '"That is all the Committee on Rules is privileged to report on at any time. The Chair will give an illustration. There are certain committee^ which have the right to report at any time on certain things. For instance, the Committee on Appropriations is privileged to report general appropri- ation bills, but it is not privileged to report a special appropriation bill, and, as a matter of fact, the chairman of that committee, Mr. Fitzgerald, has asked several times unanimous consent to consider bills from his com- mittee, because he knew that they were not privileged, and so did the Chair. " 'The Committee on Ways and Means is privileged to report revenue bUls, but every bill that it reports is not privileged. While the present oc- cupant of the Chair was a member of that committee, the committee must have reported 50 bills into the House which were not privileged, such as making a port of entry out of some place or abolishing a port of entry, which latter, however, we never succeeded in doing. The course of pro- cedure in cases of this sort is for these reports to go into the box. The gentleman from Texas [Mr. Henry] can do exactly what he said he can do. He can get his committee together and bring in a rule to pass this bill, and; as he said himself, it is nearly as broad as it is long; but nevertheless and notwithstanding, the Chair must enforce the rules of the House.' " The privilege of the Committee on Ways and Means to report "bills raising revenue" is broadly construed to cover bills t/e''"oT'ways°"'and relating to the revenue (IV, 3076, 4624, 4625); but a Means. ^,ill providing for a tariff commission (IV, 4626) and a declaratory resolution on a subject relating to the revenue were held not to be within the privilege (IV, 4626, 4627). The right of the Committee on Appropriations to report at any time is confined strictly to general appropriation bills (IV, 4629-4632). The right of the Committee on Public Lands to report at any time per- mits the including of matters necessary to accomplishment of the purposes for which privilege is given (IV, 4633, 4637-4639). The privilege of the Committee on Printing is confined to printing for the use of the two Houses, or either of them (IV, 4647-4649). Privileged reports from the Committee on Accounts are confined entirely to expenditures from the contingent fund (IV, 4640-4643), and resolutions authorizing appropriations from the Treasury directly for compensation of employees are not privileged (IV, 4645). [309J RULES OF THE HOUSE OF RBPEESENTATIVES. § 725. ^°1« ^1- It shall always be in order to call up for consid- eration a report from the Committee on Rules, and, pendine the consideration thereof, the § 725. Privilege of t^ '-' . i • i reports from Speaker may entertam one motion that Committee on , , __ -, . i j. rj. i.l_ Bnies; and the House adjoumj but after the re- fimitation. thereon., g^j^ is anuounced he shall not enter- tain any other dilatory motion until the said report shall have been fully disposed of. The Committee on Rules shall not report any rule or order which shall provide that business under paragraph 7 of Rule XXIV shall be set aside by a vote of less than two-' thirds of the Members present; nor shall it report any rule or order which shall operate to prevent the mo- tion to recommit being made as provided in para- graph 4 of Rule XVI. The Committee on Rules, "by uniform practice of the House," exercised the privilege of reporting at any time as early as 1888. Right to report at any time confined to privileged matters. (Speaker Clark, Aug. 15, 1912. For ruling in full see sec. 724. ) This was probably the survival of a practice which existed as early as 1853 of giving the privilege of reporting at any time to this committee for a session (IV, 4650). In 1890 the committee was included among the committees whose reports were privileged by rule. The present rule was adopted in 1892 (IV, 4621) and amended on March 15, 1909. Although highly privileged, a report from the Committee on Rules is not in order after the House has voted to go into Committee of the Whole (V, 6781). Also a conference report has precedence of it, even when the yeas and nays and previous question have been ordered (V, 6449). Report from Committee on Rules containing substantive propositions, separate vote can be had on each proposition. (Apr. 8, 1908, 1st sess., 60th Cong., p. 4509, by Speaker Cannon.) Also ruled by Speaker Clark, April 18, 1912, as follows: "There are not very many precedents an this subject, one way or the other. [310] RULES OF THE HOUSE OP REPRESENTATIVES. Bnle XI. § 325. "The two precedents cited from Speaker Henderson are really parts and parcels of one precedent. A division was demanded in a resolution. His first decision was that there should be a separate vote taken on each resolve. When that was through with, somebody undertook to divide the first resolve, and he held that could not be done. "The most elaborate precedent in the lot, and the last one, is that on page 4509, Congressional Record, first session of the Sixtieth Congress. The gen- tleman from Pennsylvania [Mr. Dalzell] reported a rule from the Committee on Rules. The gentleman from New York [Mr. Fitzgerald] demanded a division, claiming that there were seven substantive propositions in the rule. The gentleman from Pennsylvania [Mr. Dalzell] took identically the sam.e position then that the gentleman from Texas [Mr. Henry] takes to-day, and the gentleman from New York [Mr. Fitzgerald] took precisely the same position then that the gentleman from Illinois [Mr. Mann] takes to-day. The gentleman from Illinois [Mr. Mann] was himself mixed up in that debate. He seems to have agreed with the gentleman from New York on the proposition that a division could be had, but he differed from the gentleman from New York as to how many substantive propositions there were involved. "Mr. Speaker Cannon, after listening to the debate, decided that the division could be had. "So it seems to the Chair that the precedents are in favor of the contention of the gentleman from Illinois [Mr. Mann] and against the point of order of the gentleman from Texas [Mr. Henry]. "In addition to that it seems to the Chair that the reason of the thing is the same way, There are several substantive legislative propositions embraced in this rule that have no connection whatever with one another. A member might, and most probably would, be in favor of some and against others. He has a right to vote his sentiments on each, which he can not do if they are bunched together. Therefore the point of order raised by the gentleman from Texas [Mr. Henry] is overruled,. and the Clerk will report the first proposition." In the later practice it has been held that the question of consideration may not be raised against a report from the Committee on Rules (V, 4961- 4963). The clause forbidding dilatory motions has Consideration can not |,ggQ construed strictly (V, 5740-5742), and the mo- be raised. ^j^^ ^^ commit after the ordering of the previous ques- tion has been excluded in the later practice (V, 5593-5601), as have appeals and motions to reconsider (V, 5739). [311] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 726, 727. ''"l®^ ^'I- 1 726. Committees 57. No Committee, except the Com- Kl^d^B^ mittee on Rules, shall sit during the sit- eessions of House. j^]j^g of the Housc, without special leavc. This rule was adopted in 1794. The exception for the Committee on Rules was inserted in 1893 (IV, 4546). A request that a committee have leave to sit during sessions of the House has no privileged status in the order of business (IV, 4547). Leave for a committee to ait diiring sessions of the House does not release its members from liability to arrest during a call of the House (IV, 3020). Rule XII. DELEGATES. 1. The House shall elect from among the Dele- gates one additional member on each of the following , committees, viz : Coinage, Weights, and § 727. Powers and ' ° ' » privueges of Dele- Mcasures ; Ag^lculture ; Military Affairs ; and as to committee Post-Office and Post-Roads; PubHc service. Lauds; Indian Affairs; and Mines and Mining; and two on Territories; and they shall possess in their respective committees the same powers and privileges as in the House, and may make any motion except to reconsider. The first form of this rule was adopted in 1871, and it was perfected by amendments in 1876, 1880, 1887, and 1892 (II, 1297). Delegates are not usually appointed on committees other than those specified, but there have been instances (II, 1298), and in one case a Dele- gate was made chairman of a select committee (II, 1299, 1303). In the lat- ter practice Delegates do not vote in committee (II, 1300, 1301). The law provides that on the floor of the House a Delegate may debate (II, 1290), and he may in debate call a Member to order (II, 1295). He [312] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XIII. §1 728, 729. may make any motion which a Member may make except the motion to reconsider (II, 1291, 1292). A Delegate has even moved an impeachment (II, 1303). He may be appointed a teller (II, 1302); but the law forbids him to vote (II, 1290), and he may not object to the consideration of a bill (II, 1293, 1294). The office of Delegate was established by ordinance of the Continental Congress and confirn^d by a law of Congress (I, 400, 421). The nature of the office has been the subject of much discussion (I, 400, 403, 473); and except as provided by law (I, 431, 526) the qualifications of the Delegate have been a subject of much discussion (I, 421, 423, 469, 470, 473). A terri- tory or district must be organized by law before the House will admit a Delegate (I, 405, 407, 411, 41'2). At the organization of the House the Delegates are sworn (I, 400, 401); but the Clerk does not put them on the roll (I, 61, 62). A Delegate resigns in a communication addressed to the Speaker (II, 1304). He may be arrested and censured for' disorderly conduct (II, 1305), but there has been disagreement as to whether he should be expelled by a majority or two-thirds vote (I, 469). 2. The Resident Commissioner to the United States § 728. Resident from Porto Rico shall possess the same Commissioners. powcis and privUeges as to committee service and in the House as are possessed by Dele- gates; and shall be competent to serve on the Com- mittee on Insular Affairs as an additional member. This rule was adopted in 1904 (II, 1306). Additional Delegates. Rule XIII. CALENDARS AND REPORTS OF COMMITTEES. 1. There shall be three calendars to which all busi- ness reported from committees shall be § 729. Calendars for ■!: , reports of com- referred, viz: mittees. -pj^^^ ^ Calendar of the Committee of the Whole House on the state of the Union, to -12 21 [313] RULES OF THE HOUSE OP REPRESENTATIVES. §§ 330, 781. Rule XIII. which shall be referred bills raising revenue, general appropriation bills, and bills of a public character directly or indirectly appropriating money or prop- erty. Second. A House Calendar, to which shall be re- ferred all bills of a public character not raising revenue nor directly or indirectly appropriating money or property. Third. A Calendar of the Committee of the Whole House, to which shall be referred all bills of a private character. This rule was adopted in 1880; but as early as 1820 a rule was adopted creating calendars for the Committees of the Whole. Bills not requiring consideration in Committee of the Whole were considered when reported, but in 1880 the House Calendar was created to remedy the delays in making reports caused by such consideration (IV, 3115). A motion to correct an error in referring a bill to the proper calendar presents a question of privilege (III, 2614, 2615); but a mere clerical error in the calendar does not give rise to such a question (III, 2616). A bill improperly reported is not entitled to a place on the calendar (IV, 3117). Reports from the Court of Claims do not remain on the calendar from Congress to Congress, even when a law seems so to provide (IV, 3298-3302). 2. All reports of committees, except as provided = »o-> „ , „ . in clause 56 of Rule XI, together § 780. Nonprlvlleged , , . reports filed with with the views of the minoritv, shall Clerk be delivered to the Clerk for printing and reference to the proper calendar under the direc- tion of the Speaker, in accordance with the foregoing clause, and the titles or subject thereof shall be en- tered on the Journal and printed in the Record: § 781. Adverse Providcd, That bills reported adversely reports. g^g^^ ^^ j^j^j ^^ ^j^^ ^^^j^^ ^^j^^^ ^^^ committee reporting a bill, at the time, or any Mem- [314] EXILES OF THE HOUSE OP REPRESENTATIVES. Rule XIII. § 732, ber within three days thereafter, shall request its reference to the calendar, when it shall be referred, as provided in clause 1 of this rule. 3. After a bill which has been favorably reported «,»»/,, ^ - shall be upon either the House or the § 782. Calendar for , ^ unanimouaconsent. Uuion Calendar any Member may file with the Clerk a notice that he desires such a bill placed upon a special calendar to be known as the " Calendar for Unanimous Consent." On days when it shall be in order to move to suspend the rules the Speaker shall, immediately after the approval of the Joiu-nal, direct the Clerk to call the bills which have been for three days upon the "Calendar for Unanimous Consent." Should objection be made to the consideration of any biU so called, it shall imme- diately be stricken from such calendar; but such bill may be restored to the calendar at the instance of the Member, and if again objected to, it shall be im- mediately stricken from such calendar, and shall not thereafter be placed thereon: Provided, That the same bill shall not be called twice on the same legis- lative day. This rule adopted March 15, 1909. Since the Unanimous Consent' Calendar established, Speaker precluded from recognizing Members to ask unanimous consent. (Jan. 27, 1910, 2d sesB. 61st Cong., p. 1135; Apr. 4, 1910, 2d sess. 61st Cong., p. 4240; June 25, 1910, 2d sess. 61st Cong., p. 915. Also ruled by Speaker Clark, May 23, 1911, Ist sess. 62d Cong., Cong. Rec, p. 1495. Bills must be on printed Calendar to be called up. (Dec. 20, 1909, 2d sess. 61st Cong., pp. 264-265.) Bills called up,, one Member reserving the right to object, any Member has the right to object. (May 2, 1910, 2d sess. 61st Coi^., p. 5667.) Before debate by unanimous consent bills can be passed on Calendar, [315] BULKS OF THE HOUSE OF EEPEESENTATIVES. §§ 7BS, 784. Bnle XIT. after discussion can not be passed. (Feb. 7, 1910, 61st Cong., 2d sess., p. 1543.) House bill on Unanimous Consent Calendar, by unanimous consent House committee discharged from consideration of Senate bill on the same subject, and Senate bill substituted lor the House bill. (2d sess. 61st Cong., pp. 2171-2172.) 4. There shall also be a Calendar of Motions to § !3s. Motion to DlschargB Committees, as provided in discharge. ^^^^^^ ^ ^j j^^j^ XXVII. Ir^m. "''"'°''''' 5. Calendars shall be printed daily. Rule adopted Sixty-second Congress. Rule XIV. OF DECORUM AND DEBATE. 1. When any Member desires to speak or deliver § 184. Obtaining ^ny matter to the House, he shall rise the floor for debate; g^j^(j Tespectfullv address himself to and relevancy and ^ •' decorum therein. "Mr. Speaker," and, on being recog- nized, may address the House from any place on the floor or from the Clerk's desk, and shall confine him- self to the question under debate, avoiding per- sonality. This rule was adopted in 1880, but was made up, in its main provisions, from older rules, which dated from 1789 and 1811 (V, 4979). It is a general rule that a motion must be made before a Member may pro- ceed in debate (V, 4984, 4985), and this motion may be required to be reduced to writing (V, 4986). The withdrawal of a motion precludes fur- ther debate on it (V, 4989). But sometimes when a communication or a report has been before the House it has been debated before any specific motion has been made in relation to it (V, 4987, 4988). In a few cases, such as conference reports and reports from the Committee of the Whole, the motion to agree is considered as pending without being offered from the floor (IV, 4896; V, 6517). In presenting a question of personal privilege the Member is not required in the first instance to make a motion or offer a resolution, but such is not [316] RULES or THE HOUSE OF REPRESENTATIVES. Bnle XIV. §§ !34A-78r>. the rule in presenting a case involving the privileges of the House (III, 2546, 2547) . Personal explanations merely are made by unanimous consent (V, 5065). A motion must also be stated by the Speaker or read by the Clerk before debate may begin (V, 4982, 4983, 5304). In addressing the House the Member should also address the Chair (V, 4980). A Member having the floor may not be taken off his feet by an ordinary motion, even the highly privileged motion to adjourn !.'^^" »'*T"' (V, 5369, 5370); but he may be interrupted for a con- tlon of a Member ' /' :; 4. i t ti. In debate. ference report (V, 6451). It is a custom also for the Speaker to request a Member to yield for the recep- tion of a message. A Member may yield the floor for a motion to adjourn or that the Committee of the Whole rise without losing his right to con- tinue when the subject is again continued (V, 5009-5013). A Member may also resume his seat while a paper is being read in his time without losing his right to the floor (V, 5015). A Member who, having the floor, moved the previous question was permitted to resume the floor on with- drawing the motion (V, 5474). But a Member may hot yield to another Member to offer an amendment without losing the floor (V, 5021, 5030, 5031). A Member desiring to interrupt another in debate should address the Chair for permission of the Member speaking (V, 5006), but the latter may exercise his own discretion as to whether or not he will yield (V, 5007, 5008). The Speaker may of right speak from the Chair on questions of order and be first heard (II, 1367), but with this exception debate ^^ '^^y speak from the Chair only by leave of the House and on questions of fact (II, 1367-1372). On occasions comparatively rare Speakers have called Members to the Chair and participated in debate, usually without asking consent of the House (II, 1367, 1368, 1371; III, 1950; "V, 6097). The former custom of the Speakers to participate freely in debate in Committee of the Whole has ceased (ll, footnote). It has always been held, and generally quite strictly, that in the House the Member must confine himself to the subject under § 786. Member must debate (V, 5043-5048). On a motion to amend the de- fi**" nbiecT^* " ^^^ ^® confined to the amendment and may not include the general merits of the bill (V, 5049-5051). While the Speakers have entertained appeals from their decisions as to irrelevancy, they have held that such appeals were not debatable (V, 5056-5063). [317] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 787, 788. Kulc XIV. In Committee of the Whole House on the state of the Union during general debate the Member need not confine himself to the subject (V, 5233-5238); but this privilege does not extend to the Committee of the Whole House (V, 5239). And in all cases the five-minute debate in Com- mittee of the Whole is confined to the subject (V, 5240-5256). 2. When two or more Members rise at power of once, the Speaker shall name the Mem- recognition. ber who Is first to speak; * * * This rule was adopted in 1789 (V, 4978). In the early history of the House, when business proceeded on presentation by individual Members, the Speaker recognized the Member who arose first; and in case of doubt there was an appeal from his recognition (II, 1429- 1434). But as the membership and business of the House increased it became necessary to establish and adhere to a fixed order of business, and recognitions, instead of pertaining to the individual Member, necessarily came to pertain to the bill or other business which would be before the House under the rule regulating the order of business. Hence the necessity that the Speaker should not be compelled to heed the claims of Members as individuals was expressed in 1879 in a report from the Committee on Rules, which declared that "in the nature of the case discretion must be lodged with the presiding oflScer" (II, 1424). And in 1881 the Speaker declined to entertain an appeal from his decision on a question of recognition (II, 1425-1428), establishing thereby a practice which continues. Although there is no appeal from the Speaker's recognition, he is not a free agent in determining who is to have the floor. The § 788. Speaker practice of the House establishes rules from which he governed by asagc '^ , , ,tti ■ , , "u^^u "= In recognitions. ™^y ^o* depart. When the order of busmess brings before the House a certain bill he must first recognize, for motions of its disposition, the Member who represents the committee which has reported it (II, 1447). This is not necessarily the chairman of the committee, for a chairman who, in committee, has opposed the bill, must yield the prior recognition to a member of his committee who has favored the bill (II, 1449). Usually, however, the chairman has charge of the bill and is entitled at all stages to prior recognition for allowable motions intended to expedite it (II, 1452, 1457). This principle does not, however, apply to the Chairman of the Committee of the Whole (II, 1453). The Member who originally introduces the bill which a committee reports has no claims to recognition as opposed to the claims of the members of the [318] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XIV. §§ 789, 740. committee, but in cases where a proposition is brought directly before the House by a Member the mover is entitled to prior recognition for motions and debate (II, 1446, 1454). And this principle applies to the makers of certain motions. Thus, the Member on whose motion the enacting clause of a bill is stricken out in Committee of the Whole is entitled to prior recog- nition when the bill is reported to the House (V, 5337), and in a case where a Member had raised an objection in the joint meeting to count the electoral vote the Speaker recognized him first when the Houses had separated to consider the objection (III, 1956). But a Member may not, by offering a debatable motion of higher privilege than the pending motion, deprive the Member in charge of the bill of possession of the floor for debate (II, 1460- 1463). But recognition to make a motion belongs to the Member proposing the motion of highest privilege (V, 5480). The fact that a Member has the floor on one matter does not necessarily entitle him to prior recognition on a motion relating to another matter (II, 1464). It is because the Speaker is governed by these usages that he often asks, when a Member seeks recog- nition, "For what purpose does the gentleman rise? " By this question he determines whether the Member proposes business or a motion which is entitled to precedence. When an essential motion made by the Member in charge of the bill is decided adversely the right to prior recognition passes § 739. Loss of right ^ ^^ Member leading the opposition to the motion Membef^n'charge. (^^' 1465-1468). The control of the measure passes • under this principle when the House disagrees to the recommendation of the committee reporting the bill (II, 1469-1472), when the Committee of the Whole reports ,a bill adversely (IV, 4897), and, in most cases, when the House disagrees to a conference report (II, 1473-1477; V, 6396). But the mere defeat of an amendment proposed by the Member in charge does not cause right to prior recognition to pass to the opponents (II, 1478, 1479). In debate the members of the committee — except the Committee of the § 740. Prior right Whole (II, 1453)— are entitled to priority of recogni- of Members of the tion for debate (II, 1438, 1448) ; but a motion to lay a committee to recog- proposition on the table is in order before the Member nltlon for debate. entitled to prior recognition for debate has begun his remarks (V, 5391-5395). In recognizing for general debate the Chair alternates between those favoring and those opposing the pending matter, preferring members of the committee reporting the bill (II, 1439-1444). When a member of the committee has occupied the floor in favor of a measure a Member opposing [319] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 741-748. Bnlo XIV. should be recognized next, even though he be not a member of the com- mittee (II, 1445). The principle of alternation is not insisted on rigidly where a limited time is controlled by Members, as in the "forty minutes" of debate on motions for suspension of the rules and the previous question (II, 1442). As to motions to suspend the rules, which are in order on two days each § 74t. Exceptions month, the Speaker exercises a discretion to decline to to the usages recognize (V, 6791-6794, 6845). He also may decline to constraining the recognize a Member who desires to ask unanimous con- Speaker as to gg^^. ^ gg^ g^gj^g ^jjg j^jgg jjj ordcr to consider a bill not otherwise in order, this being his way of signifying his objection to the request. But this authority does not extend to proceed- ings under Rule XIII, § 3. 2. * * * and no Member shall occupy more than § 742. The hour One hour in debate on any question in mie In debate. ^j^g House Or lu coHimittee, except as further provided in this rule. This rule dates from 1841, when the increase of membership had made it necessary to prevent the making of long speeches which sometimes occupied three or four hours each (V, 4978). It applies to debate on a question of privilege, as well as to debate on other questions (V, 4990) ; and when the time of debate has been placed within the control of those representing the two sides of a question it must be as- signed to Members in accordance with this rule (V, 5004, 5006). 3. The Member reporting the measure under con- § 748. The opening slderatiou from a committee may open and closing of and closc, where general debate has debate. ^ been had thereon; and if it shall ex- tend beyond one day, he shall be entitled to one hour to close, notwithstanding he may have used an hour in opening. This rule was adopted in 1847 and perfected in 1880 (V, 4996). In the later practice this right to close may not be exercised after the previous question is ordered (V, 4997-5000). [320] RULES OF THE HOUSE OF REPRESENTATIVES. Kale XIV. §§ 744, 745. 4. If any Member, in speaking or otherwise, trans- § 744. The call gress the rules of the House, the Speaker shall, or any Member may, call him to order; in which case he shall immediately sit down, unless permitted, on motion of another Member, to explain, and the House shall, if appealed to, decide on the case without debate; if the decision is in favor of the Member called to order, he shall be at liberty to proceed, but not otherwise; and, if the case require it, he shall be liable to censure or such punishment as the House may deem proper. This rule was adopted in 1789, and amended in 1822 and 1880 (V, 5175). The Speaker may call a Member to order without suggestion from the floor (V, 5154, 5161-5163, 5l92); but except for naming him may not otherwise censure or punish him (II, 1345). A Delegate may call a Member to order (II, 1295). When a Member is called to order under this rule it is the practice to test the opinion of the House by a motion "that the gentleman be allowed to pro- ceed in order" (V, 5188, 5199); but a motion that the Member be permitted to explain has been held to have precedence, even in a case where the words have been taken down (V, 5187) . A Member called to order and held to be out of order loses the floor (V, 5196-5199) and may not proceed, even on yielded time (V, 5147). The House has censured Members for disorderly words (II, 1253, 1254, 1259, 1305). 5. If a Member is called to order for words spoken § 745. Words ' i^ debate, the Member calling him to taken down. order shall indicate the words excepted to, and they shall be taken down in writing at the Clerk's desk and read aloud to the House; but he shall not be held to answer, nor be subject to the censure of the House therefor, if further debate or other business has intervened. [321] RULES OF THE HOUSE OF REPRESENTATIVES. § 746. Knle XIT. This rule was adopted in 1837, with amendment in 1880. But in 1808 the practice of writing down objectionable words had been established, and the rule was adopted to prevent the taking down of words after intervening business (V, 5177). When a Member denies that the words taken down are the exact words used by himself, the question as to the words is put to the House for decision (V, 5179, 5180). After the Speaker has decided that words taken down are out of order, a motion that the Member he, permitted to explain is in order before the motion that he be permitted to proceed is in order (V, 5187). When the disorderly words are spoken in the Committee of the Whole they are taken down as in the House and read at the Clerk's desk, whereupon the committee rises and reporfa them to the House (II, 1257-1259, 1348); and it is not in order as a question of privilege in the House to propose censure of a Member for disorderly words spoken in Committee of the Whole but not taken down or reported therefrom (V, 5202). In certain exceptional cases, as when disorderly words are part of an occurrence constituting a breach of privilege (II, 1657), or when a Member's language has been investigated by a committee (II, 1655), or when he has reiterated on the floor certain published charges (III, 2637), or when he has uttered words alleged to be treasonable (II, 1252), the House has proceeded to censure or other action although business may have intervened. 6. No Member shall speak more than once to the § 746. Member to Same questlon without leave of the toTesame""* House, unless he be the mover, pro- question, poser, or introducer of the matter pending, in which case he shall be permitted to speak in reply, but not until every Member choosing to speak shall have spoken. This rule was adopted in 1789, and amended in 1840 (V, 4991). A Member who has spoken once to the main question may speak again to an amendment (V, 4993, 4994). It is too late to make the point that a Member has spoken already if no one claims the floor until he has made some progress in his speech (V, 4992). The right to close may not be exercised after the previous question has been ordered (V, 4997-5000). The right to close does not belong to a Member who has merely moved to reconsider the vote on a bill which he did not report (V, 4995). The right of a contestant in an election case to close when he is permitted to speak in the contest has been a matter of discussion (V, 5001). [322] RULES OF THE HOUSE OF KEPBESENTATIVES. Rule XV. §§ 747, 748. 7. While the Speaker is putting a question or addressing the House no Member shall § J47. Decorum of ,, - Members m the Walk out 01 or across the hall, nor, .when a Member is speaking, pass be- tween him and the Chair; and during the session of the House no Member shall wear his hat, or remain by the Clerk's desk during the call of the roll or the counting of ballots, or smoke upon the floor of the House; and the Sergeant-at-Arms and Doorkeeper are charged with the strict enforcement of this clause. Neither shall any person be allowed to smoke upon the floor of the House at any time. This rule is made up of provisions adopted in 1789, 1837, 1871, and 1896. Originally Members wore their hats during sessions, as in Parliament, and the custom was not abolished until 1837 (II, 1136). Rule XV. ON CALLS OF THE ROLL AND HOUSE. 1. Upon every roll call the names of the Members shall be called alphabetically by sur- § 748. CaU of the < i x i roll for the name, except when two or more have yea-and-nay vote, ^j^^ gg^j^g suTuame, iu which case the name of the State shall be added ; and if there be two such Members from the same State, the whole name shall be called, and after the roll has been once called, the Clerk shall call in their alphabetical order the names of those not voting; and thereafter the Speaker shall not entertain a request to record a vote or an- nounce a pair unless the Member's name has been noted under clause 3 of this rule. [323] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 749, 750. Knle XV. The first form of this rule was adopted in 1789, and amendments were added in 1870, 1880, and 1890 (V, 6046). The names of Members who have not been sworn are not entered on the roll from which the yeas and nays are called for entry on the Journal (V, 6048). Since 1879 the Clerk, in calling the roll, has called Members by the sur- names with the prefix "Mr." instead of calling the full names (V, 6047). The Speaker's name is not on the voting roll and is not ordinarily called (V, 5970). When he votes his name is called at the close of the roll (V, 5965). In case of a tie which is revealed by a correction of the roll, he has voted after intervening business or even on another day (V, 5969, 6061-6063). A Member who has failed to respond when his name was called may not as a conBtitutional right demand that his vote be recorded before the an- nouncement of .the result (V, 6066-6068), even if he has refrained from voting because of a misunderstanding as to a pair (V, 6081), or because his attention was distracted when his name was called (V, 6070). But when a Member declares that he was listening when his name should have been called and failed to hear it, he ig permitted to record his vote (V, 6071, 6072). The Speaker may not permit a Member to answer "present" at the conclusion of a roll call (V, 6069) unless there be a question as to a quorum. Before the announcement of the result (V, 6064), the Speaker, in his discretion, may order the vote to be recapitulated (V, 6049, 6050). Before the result of a vote has been finally and conclusively pronounced by the Chair, but not thereafter, a Member may change IJnLi^otlotl his vote (V, 5931-5933, 6093, 6094); and a Member who has answered "present" may change it to "yea" or "nay" (V, 6060). But a vote given by a Member may not be with- drawn without leave of the House (V, 5930). When a vote actually given fails to be recorded (V, 6061-6063) the Member may, before the approval of the Journal, demand as a matter of right that correction be made (V, 5969). But statements of other Members as to alleged errors in a recorded vote must be very definite and positive to justify the Speaker in ordering a change of the roll (V, 6064, 6099). When once begun the roll call may not be interrupted even by a motion to adjourn (V, 6053), a parliamentary inquiry, a quea- ome'r'oU c'aT"™' ^^°^ °^ personal privilege (V, 6058, 6059), the arrival of the time fixed for another order of business (V, 6056), or for a recess (V, 6054, 6055), or the presentation of a conference report, (V, 6443). But it is interrupted for the reception of messages and by the arrival of the hour fixed for adjournment sine die (V, 6715-6718). Inci- dental questions arising during the roll call, such as the refusal of a Mem- ber to vote (V, 5946-5948), are considered after the completion of the call and before the announcement of the vote (V, 605©). [324] RULES OF THE HOUSE OF REPRESENTATIVES. Kn'« XV. §§ 751, 752. 2. In the absence of a quorum, fifteen Members, in- §751. The can Of ^^^^^^^S the Speaker, if there is one, the House In the shall bc authorized to compel the at- tendance of absent Members, and in all calls of the House the doors shall be closed, the names of the Members shall be called by the Clerk, and the absentees noted; and those for whom no sufficient excuse is made may, by order of a majority of those present, be sent for and arrested, wherever they may be found, by officers to be appointed" by the Sergeant- at-Arms for that purpose, and their attendance se- cured and retained; and the House shall determine upon what condition they shall be discharged. Mem- bers who voluntarily appear shall, unless the House otherwise direct, be immediately admitted to the Hall of the House, and they shall report their names to the Clerk to be entered upon the Joiu-nal as present. The essential portions of this rule were adopted in 1789 and 1795, with minor amendments in 1888 and 1890 (IV, 2982). In times of obstruction it has not been found wholly efficient, and for most cases is superseded by section 4 of this rule. Under this rule a call may not be ordered by less than 15 (IV, 2983), and it must be ordered by majority vote, a minority of 15 § 752. Ordering gj, jjj(,j,g ^Qt being sufficient (IV, 2984). A quorum not f h ""ll "" ^ being present no motion is in order but for a call of the House or to adjourn (IV, 2950, 2988). On the roll call the names of Members are called alphabetically by surname (V, 6046). This roll call may not be interrupted by a motion to dispense with further proceedings under the call (IV, 2992), and a recapit- ulation of the names of those who appear after their names have been called may not be demanded (IV, 2993). But during proceedings under the call the roll may be ordered to be called again by those present (IV, 2991). During a call less than a quorum 'may revoke leaves of absence (IV, 3003, 3004) and excuse a Member from attendance (IV, 3000, 3001), but they may [325] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 153,154. Bn'e XV. not grant leaves of absence (IV, 3002). The roll is sometimes called for excuses, and motions to excuse are in order during this call (IV, 2997), but neither the motion to excuse nor an incidental appeal are debatable (IV, 2999). After the roll has been called for excuses and the House has ordered the arrest of those who are unexcused, a motion to excuse is in order when the absentee is brought to the bar (IV, 3012). An order of arrest for absent Members may be made after a single calling of the roll (IV, 3015, 3016), and a warrant issues on § J5S. Arrest of direction of those present, such motion having prece- em ers. dence of a motion to dispense with proceedings imder the call (IV, 3036). The Sergeant-at-Arms is required to arrest Members wherever they may be found (IV, 3017), and leave for a committee to sit during sessions does not release its Members from liability to arrest (IV, 3020). A Member who appears and answers is not subject to arrest (IV, 3019), and in a case where a Member complained of wrongful arrest the House ordered the Sergeant-at-Arms to investigate and amend the return of his warrant (IV, 3021). A Member once arrested having escaped it was held that he might not be brought back on the same warrant (IV, 3022). Arrested Members are arraigned at the bar and a quorum may order the arra^nment at a future day (IV, 3030-3035). Those present on a call may prescribe a fine as a condition of discharge, but this penalty has been of rare occurrence (IV, 3013, 3014, 3025). The call of the House is ended by a motion "to dispense with further proceedings under the call, ' ' which may be agreed to by less than a quorum as well as by a quorum (IV, 3038, 3040), and when so agreed to ends all proceedings of the call, even if they have not begun (IV, 3040). But the . motion is not in order pending a motion for arrest (IV, 3029, 3037). During the call, which in later practice has been invoked only in absence of a quorum, incidental motions may be agreed to by du'rta' f call!' ^®^^ **^*° ^ quorum (IV, 2994, 3029). This includes motions for the previous question (V, 5458), to recon- sider and to lay the motion to reconsider on the table (V, 5607, 5608), to adjourn, which is in order even in the midst of the call of the roll for ex- cuses (IV, 2998), and an appeal from a decision of the Chair (IV, 3010, 3037). The yeas and nays may also be ordered (IV, 3010), but a question of privi- lege may not be raised unless it be something connected immediately with the proceedings (III, 2545). Motions not strictly iucidental to the call are not admitted, as for a recess (IV, 2995, 2996), to excuse a Member from vot- ing even when otherwise in order (IV, 3007), to enforce the statute relating to deductions of pay of Members for absence (IV, 3011), to construe a rule or make a new rule (IV, 3008), or to order a change of a Journal record (IV, 3009). [326] RULES OF THE HOUSE OF REPRESENTATIVES. Knle XV. §| 755,756. 3. On the demand of any Member, or at the sug- § 755. Count of gGstion of the Speaker, the names of those not voting Members sufficient to make a quorum to make a quorum . ^ of record on a roll m the Hall of the Housc who do not vote shall be noted by the Clerk and recorded in the Journal, and reported to the Speaker with the n-ames of the Members voting, and be counted and announced in determining the presence 6i a quorum to do business. This rule was adopted in 1890 (IV, 2905), but is merely put in form of rule a principle already established by a decision of the Chair (IV, 2895). It was much in use in the first years after its adoption (IV, 2620, 2905-2907) ; but with the decline of obstruction in the House and the adoption of section 4 of this rule the necessity for its use has disappeared to a large extent. 4. Whenever a quorum fails to vote on any ques- tion, and a quorum is not present and the House m the objectiou is made for that cause, unless new form. ^j^^ HousB shall adjoum there shall be a call of the House, and the Sergeant-at-Arms shall forthwith proceed to bring in absent Members, and the yeas and nays on the pending question shall at the same time be considered as ordered. The Clerk shall call the roll, and each Member as he answers to his name may vote on the pending question, and, after the roll call is completed, each Member arrested shall be brought by the Sergeant-at-Arms before the House, whereupon he shall be noted as present, discharged from arrest, and given an opportunity to vote and his vote shall be recorded. If those voting on the ques- tion and those who arei present and decline to vote shall together make a majority of the House, the [327] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 757, 758. Rale XVI. Speaker shall declare that a quorum is constituted, and the pending question shall be decided as the ma- jority of those voting shall appear. And thereupon further proceedings under the call shall be considered as dispensed with. At any time after the roll call has been completed, the Speaker may entertain a motion to adjourn, if seconded by a majority of those present, to be ascertained by actual count by the Speaker; and if the House adjourns, all proceedings under this sec- tion shall be vacated. This rule was adopted in 1896 (IV, 3041). It applies only to votes wherein a quorum is required, and hence does not apply to a motion to adjourn (IV, 3042), or to a call when there is no ques- tion pending (IV, 2990). Under this rule the roll is called over twice, and those appearing after their names are called may vote (IV, 3052). A motion tU^'alf to tuf "'^ toadjourn maybe made before the call begins (IV, 3050). new form. After the roll has been called, and whUe the proceedings to obtain a quorum are going on, motions to excuse Mem- bers are in order (IV, 3051). The Sergeant-at-Arms is required to detain those who are present and bring in absentees (IV, 3045-3048), and he does this without the authority of a resolution adopted by those present (IV, 3049). There is doubt as to whether or not a warrant is necessary, but it is customary for the Speaker to issue one on the authority of the rule (IV, 3043). When arrested, Members are arraigned at the bar, and either vote or are noted as present, after which they are discharged (IV, 3044). Rule XVI. ON MOTIONS, THEIR PRECEDENCE, ETC. 1. Every motion made to the House and enter- § 758. Motions talued by the Speaker shall be reduced Ind'entero7on ^ to Writing ou the demand of any Mem- the jonmai. ^gr, and shaU be entered on the Journal with the name of the Member making it, unless it is withdrawn the same day. [328] EXILES OF THE HOUSE OF REPRESENTATIVES. Rule XVI. §§ 759, 760. This rule was made up in .1880 of old rules adopted in 1789 and 1806 (V, 5300). Because of this rule it has been held not in order to amend or strike out a Journal entry setting forth a motion exactly as made (IV, 2783, 2789). A motion not en^tertained is not entered on the Journal (IV, 2813, 2844- 2846). 2. When a motion has been made, the Speaker shall state it or (if it be in writing) withdrairtng of cause it to be read aloud by the Clerk motions. before being debated, and it shall then be in possession of the House, but may be withdrawn at any time before a decision or amendment. The provisions of this rule were adopted first in 1789. At that time a second was required for every motion, but in practice this requirement became obsolete very early, and it was dropped from the rule in 1880 (V, 5304). The House always insists that the motion shall be stated or read before debate shall begin (V, 4983). It is the duty of the Speaker to put a motion in order under the rules and practice without passing on its constitutional effect (IV, 3550). In a case wherein a clerk |)residing during organization of the House declined to put a question, a Member-elect put the question from the floor (I, 67). Under certain' circumstances, a Member may make a double motion (V, 5637). Even after the aflBrmative side has been taken on a division the with- drawal of a motion has been permitted (V, 5348), also § 760. Conditions after a viva voce vote and the ordering and appointment of withdrawal of of tellers (V, 5349). While the House was dividing on a motions. ^ ' '. . , , . , . , second of the previous question (this second is no longer required) on a motion to refer a resolution, the Member was permitted to withdraw the resolution (V, 5350); also a motion was once withdrawn after the previous question had been ordered on an appeal from a decision of a point of order as to the motion (V, 5356). A motion to suspend the rules may be withdrawn at any time before a second is ordered (V, 6844), even on another suspension day (V, 6844). A motion may be withdrawn although an amendment may have been offered and be pending (V, 5347), and in the House an amendment, whether simple or in the nature of a substitute, may 69373°— 12 22 [329] EXTLES OF THE HOUSE OF REPRESEJiTTATIVES. §§761,762. Bnle XVI. be withdrawn at any time before amendment or decision is had. thereon; but the rule is otherwise in Committee of the Whole (V, 5753); A "decision" which prevents withdrawal may consist of the ordering of the yeas and nays (V, 5353), either directly on the motion or on a motion to lay it on the table (V, 5354), the ordering of the pfevioue question (V, 5355), or the demand therefor (V, 5489), or the refusal to lay on the table (V, 5351, 5352). A Member having the right to withdraw a motion before a decision thereon has the resulting power to modify the motion (V, 5358). A motion being withdrawn, all proceedings on an appeal arising from a point of order related to it fell thereby (V, 5356). 3. When any motion or proposition is made, the question, Will the House now con- § 761 The question of sider it? shall not be put unless de- consldeiatlon. 1 i i -\ir 1 manded by a Member. The question of consideration is an outgrowth of the practice of the House, and was in use as early as 1808. The rule was adopted in 1817 in order to limit its use. It is the means by which the Hoilse protects itself from business which it does not wish to consider (V, 4936). The refusal to consider does not amount to the rejection of a bill or prevent its being brought before the. House again (V, 4940). It has once been held that a question of privilege which the House has refused to consider may be brought up again on the same day (V, 4942). A Member may demand the question of consideration, although the Member in charge of the bill may claim the floor for §762. Raising the debate (V, 4944, 4945); but after debate has begun consideration. *^® dftnand may not be made (V, 4937-4939). It has been admitted, however, after the making of a motion to lay on the table (V, 4943). The demand for the question of considera- tion may not be prevented by a motion for the previous question (V, 5478), but after the previous question is ordered it may not be demanded (V, 4965, 4966), even on another day, unless other business has intervened (V, 4967, 4968). The question of consideration being pending, a motion to refer is not in order (V, 5554). The intervention of an adjournment does not destroy the right to raise the question of consideration (V, 4946), but this right did not hold good in a case where the yeas and nays had been ordered and the House had ad- journed pending the failure of a quorum on the roll call (V, 4949). A question of consideration undisposed of at an adjourrunent does not recur [330] RULES OF THE HOUSE OF REPRESENTATIVES. Bole XVI. \ §§768-765. as unflniahed business on a succeeding day (V, 4947, 4948). It is not in order to reconsider the vote whereby the House refuses to consider a bill (V, 5626, 5627). The question of consideration may be demanded against a matter of the § 768. Qaestions highest privilege, such as the right of a Member to his subject to the seat (V, 4941) ; but not against a bill returned with the question of President's objections (V, 4969, 4970). It may not be consideration. raised against a proposition before the House for refer- ence merely, as a petition (V, 4964). It may not be demanded agaiast a class of business in order under a special order or rule, but may be demanded against each bill individually (IV, 3308, 3309, 4958, 4959). It may be raised against a bill which has been made a special order (IV, 3175; V, 4953-4957), unless the order provides for immediate consideration (V, 4960); but it may not be raised against a report from the Committee on Rides relating to the order of considering individual bills (V, 4961-4963). The question of consideration may not be raised on a motion relating to the order of business (V, 4971-4976) or a motion to discharge a committee (V, 4977). On a motion to go into Committee of the Whole to consider a bm the House expresses its wish as to consideration by its vote on this motion (V, 4973-4976). A point of order which, if sustained, might prevent the consideration of a § 764. Relation of ^^^^ should be made and decided before the question question of of consideration is put (V, 4950, 4951); but if the point consideration to relates merely to the manner of considering, it should points of order. j,g ^^^^ ^^ afterwards (V, 4950). In general, after the House has decided to consider, a point of order raised with the object of preventing consideration, in whole or part, comes too late (IV, 4598; V, 4952, 6012-6914). 4. When a question is under debate, no motion shall be received but to adjourn, to § 765. Precedence , , i , i i p j i ofprivueged lay ou the table, ior the previous motions. question (which motions shall be de- cided without debate), to postpone to a day certain, to refer, or to amend, or postpone indefinitely; which several motions shall have precedence in the foregoing order; and no motion to postpone to a day certain, to refer, or to postpone indefinitely. [331] RULES OF THE HOUSE OF REPRESENTATIVES. §766. , / Knle XTI. being decided, shall be again allowed on the same day at the same stage of the question. After the previous question shall have been ordered on the passage of a bill or joint resolution one motion to recommit shall be in order, and the Speaker shall give preference in recognition for such purpose to a Member who is opposed to the bill or joint resolution. The first form of thia rule appears in 1789; but amendments have been made at various times (V, 5301), including one on March 15, 1909. Its application is confined to cases wherein a question is "under debate" (V, 5379). It has been held that a question ceases to be "imder debate" after the previous question has been demanded (V, 5419). But with the exception of the motion to adjourn it is obvious that the motions specified in this rule can only be used when some question is "under debate." The motion to adjourn not only has the highest precedence when a question is under debate, but, with certain restrictions, t iii rn ""' " ^* ^^ *^® highest privilege under all other conditions. Even questions "of privilege (III, 2521) and the motion to reconsider yield to it (V, 5605), and a conference report may defer it only until the report is before the House (V, 6451-6458). The motion to adjourn may be made after the yeas and nays are ordered and before the roll call has begun (V, 5366), before the reading of the Journal (IV, 2757), or when the Speaker is absent and the Clerk is presiding (I, 228). But the motion to adjourn may not interrupt a Member who has the floor (V, 5369, 5370), or a call of the yeas and nays (V, 6053), or the actual act of voting by other means (V, 5360), or be made after the House has voted to go into Committee of the Whole (IV, 4728; V, 5367, 5368), or defer the right of a Member to take the oa;th (I, 622); and when no question is under debate it may not displace a motion to fix the day to which the House shall adjourn (V, 5381). When the House has fixed the hour of daily meeting, the motion to adjourn may not be amended (V, 5754) as by specifying a particular day (V, 5360) or hour (V, 5364), or by stating the purposes of adjournment (V, 5371, 5372); but when the hour of daily meeting is not fixed, the motion to adjourn may fix it (V, 5362, 5363). The motion to adjourn is not debatable (V, 5359), and is not in order in Committee of the Whole (IV, 4716). After the motion is made neither [332] RULES OP THE HOUSE OF REPRESENTATIVES. Bole XVI. §§ 767,768. another motion nor an appeal may intervene before the taking of the vote (V, 5361). The motion to fix the day to which the House shall adjoiim was formerly § 767. Motion to fix included within the rule as to precedence of motions, the day to nhlcli but with the motion for a recess was dropped because the House shall of the facility with which it was used in obstructive adjonm. j^j.(.jj.g ^y^ gg^^^ gg^g^ ^^ questloB being undef debate, a motion to fix the day to which the House should adjourn, already made, was held not to give way to a motion to adjourn (V, 5381). But if the motion to adjourn be made first, the motion to fix the day or for a recess is not entertained (V, 5302). The motion to fix the day is not debatable under the practice of the House (V, 5379, 5380). The motion to lay on the table is used in the House for a final, adverse disposition of a matter without debate (V, 5389). But 1 th° t*"ble° ^ question of privilege laid on the table may be taken therefrom on motion made and agreed to by the House (V, 5438). The motion to lay on the table has the precedence given it by the rule, but may not be made after the previous question is ordered (V, 5415-5422), or even after the yeas and nays have been ordered on the demand for the previous question (V, 5408, 5409). When a bill is laid on the table, pending motions connected therewith go to the table also (V, 5426, 5427); and when a proposed amendment is laid on the table the pending bill goes there also (V, 5423), and this rule holds good as to a House bill with Senate amendments (V, 5424). " But there are exceptions to this rule, viz, the Journal does not accompany a proposed amendment to the table (V, 5435, 5436); the original question does not accompany an appeal (V, 5434) ; a resolution does not accompany another resolution with which it is connected, or a preamble (V, 5428, 5430); and a petition does not accompany the motion to receive it when the latter is laid on the table (V, 5431-5433). The motion is not in order in Committee of the Whole (IV, 4719, 4720). It may not be amended (V, 5754) or applied to the motions for the previous question (V, 5410-5411), to suspend the rules (V, 5405), to commit after the previous question is ordered (V, 5412-5414), or to any motion relating to the order of business (V, 5403, 5404), except the motion to discharge a committee (V, 540T). In one instance the motion to lay on the table was applied to the ordinary motion to refer (V, 5433); but this seems out of harmony with the general trend of rulings, which indicate that the second- ary or privileged motions for disposal of a matter should not be laid on the table. [333] ETTLES OF THE HOUSE OF REPRESENTATIVES. §§ J69-J71. Enle XTI. As indicated in the rule, the motions to postpone are two in number and distinct: One to postpone to a day certain; the other to'*ost™ne"""°"^ *° postpone indefinitely. Each must apply to the o pos pone. yrhole and not a part of the pending proposition (V, 5306). Neither may be entertained after the' previous question js'ordered (V, 5319-5321), or be applied to a special order providing for the consideration of a class of bills (V, 4958); but when a bill comes before the House under the terms of a special order which assigns a day merely, a motion to postpone may be applied to the bill (IV, 3177-3182) . The motion is not used in Com- mittee of the Whole, but a motion that a bill be reported with the recom- mendation that it be postponed is in order in that committee (IV, 4675). The motion to postpone to a day certain may not specify the hour (V, 5307). It is debatable within narrow limits only (V, 5309, 5310), the merits of the bill to which it is applied not being within those limits (V, 5311-5315). The motion to postpone indefinitely opens to debate all the merits of the proposition to which it is applied (V, 5316). It may not be applied to the motion to refer (V, 5317) or to suspend the rules (V, 5322), and it is reason- able to infer that it is equally inapplicable to the other secondary or privi- leged motions enumerated in the rule and to motions relating to the order of business. There are in the rules of the House two motions to refer: The ordinary motion provided for in this rule, and the special motion to refer * ™'* °" provided by the rule for the previous question (Rule XVII, § 1; V, 5569). The motion to refer is sometimes made by using the words "to commit" or "to recommit; "but this change is one of form merely, and the three motions are practically the same (V, 5521). The motion may not be used in direct form in Committee of the Whole (IV, 4721). It may be made after the engrossment and third reading of a bill, even though the previous question may not have been ordered (V, 5562, 5563). The simple motion to refer is debatable within narrow limits (V, 5054), but the merits of the proposition which it is proposed to refer may not be brought into the debate (V, 5564^5568). The motion to refer with instruc- tions is debatable (V, 5561). The motion to refer may specify that the reference shall be to a select committee (IV, 4401), and even that the committee tit"thl°m^ion°°^ ^® endowed with power to send for peisons and papers to refer. (IV, 4402). The motion may be amended^ as by add- ing instructions (V, 5521) on any germane subject (V, 6888), but it is not in order to propose as instructions anything that might not be proposed directly as an amendment (V, 5529-5541). Amendment in nature of substitute in order. (Speaker Clark, Aug. 16, 1912, 62d Cong., 2d sess., p. 110. For ruling in full see sec. 790.) Motion to commit with [334] RULES OF THE HOUSE OF EEPKESENTATIVES. Bale XTI. §§ 772-774. instructions, instructions must have been in order as an amendment to bill. (Speaker Clark, May 8, 1911, 62d Cong. , 1st sess. ) Motion to recommit with instructions to eliminate amendment adopted by the House not in order. After elaborate debate, on May 22, 1912, Speaker Clark ruled on question. (For ruling in full see sec. 948 of Digest). It has been a practice, however, to permit a motion to recommit with instructions that the committee report "forthwith," iu which case the chairman makes report at once without awaiting action by the committee (V, 5545-5547) and the bill is before the House for immediate consideration (V, 5550). When a bill is recommitted it is before the committee as a new subject (IV, 4557; V, 5558), but the coromittee must confine itself to the instructions, if there be any (IV, 4404; V, 5526). The rule specifies that the motions to postpone and refer shall not be repeated on the same day at the same stage of the ques- of motlonr"""" ^^°^ (^' ^^°^' ^^^1)- ^^^^^ ^^^ practice, also, a mo- tion to adjourn may be repeated only after intervening business (V, 5373), such as debate (V, 5374), the ordering of the yeas and nays (V, 5376, 5377), decision of the Chair on a question of order (V, 5378), or reception of a message (V, 5375) . The motion to lay on the table may also be repeated after intervening business (V, 5398-5400) ; but the ordering of the previous question (V, 5709), a call of the House (V, 5401), or decision of a question of order have been held not to be such intervening business, it being essential that the pending matter be carried to a new stage in order to permit a repetition of the motion (V, 5709). 5. The hotir at which the House adjourns shall be .,,»„» ,.. entered on the Journal. § 778. Entry of hour of adionmment on rpj^jg j.^ig ^^^^ adopted in 1837, and amended in 1880 the Jonmal. ^^_ g^^^^ 6. On the demand of any Member, before the ques- § 774. Division of tlou Is put, a questlou shall be divided the question. jf ^^ include propositions so distinct in substance that one being taken away a substantive proposition shall remain. This rule was first adopted in 1789, and was amended in 1837 (V, 6107). After the question has been put it may not be divided (V, 6162), nor after the yeas and nays have been ordered (V, 61*60, 6161). But it may be demanded after the previous question has been ordered (V, 5468, 6149). (Speaker Clark, Apr. 18, 1912. For ruling see sec. 725 of Digest.) [335] EXILES OF THE HOUSE OF REPRESENTATIVES. |§ 776, 776. Bnle XTI. The principle that there must be at least two substantive propositions in § 775. Principles °^^^^ ^ justify division is insisted on rigidly (V, 6108- governlng the 6113), as failure to do so produces diflBculties (III, 1725). division of the In passing on a demand for division the Chair considers question. g^jy substantive propositions and not the merits of the question presented (V, 6122). It seems to be most proper, also, tha,t the division should depend on grammatical structure rather than on the legis- lative propositions involved (I, 394; V, 6119). But decisions have been made that a resolution affecting two individuals may be divided, although such division may involve a reconstruction of the text (I, 623; V, 6119- 6121). The better practice seems to be, however, that this reconstruction of the text should be made by the adoption of a substitute amendment of two branches, rather than by interpretation of the Chair (II, 1621). But merely formal words, such as " resolved, ' ' may be supplied by interpretation of the Chair (V, 6114^6118). It is not in order to demand a division of a related subject, as, when a resolution to adopt a series of rules not made a part of the resolution was before the House, it was held not in order to demand a separate vote on each rule (V, 6159). In voting on the engross- ment or passage of a bill or joint resolution a separate vote on the various portions may not be demanded (V, 6144-6146), or on the preamble of a bill (V, 6147) ; but on a series of simple resolutions a division may be demanded (V, 6149). When a motion is made to lay several connected propositions on the table a division is not in order (V, 6138-6140). On a motion to com- mit with instructions it is not in order to demand a separate vote on the instructions or various branches thereof (V, 6134^6137). On a decision of the Speaker involving two distinct questions, there may be a division on appeal (V, 6157). ' 7. A motion to strike out and insert is indivisi- § 776. Motion to ^^^> ^ut a Hiotion to strike out be- '*^.V.°!.?* '"'"■' iiig lost shall neither preclude amend- not divisible. ^ ment nor motion to strike out and insert; * * * This rule was adopted in 1811, and amended in 1822 (V, 5767). When it is proposed to strike out and insert not one but several connected matters, it is not in order to demand a separate vote on each of those matters (V, 6124, 6125), as when a substitute containing several resolutions is pro- posed; but after this substitute has been agreed to, it is in order to demand a division of the original resolution as amended (V, 6127, 6128). When, however, an amendment simply adding or inserting is proposed, it is in order to divide the amendment (V, 6129-6133). [336] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XVI. ^ g§ 777,778. 7. * * * and no motion or proposition on a sub- § 777. Germane ject different from that under consid- amendments. gration shall be admitted under color of amendment. This rule was adopted in 1789, and amended in 1822 (V, 5767, 5825). It introduced a principle not then known to the general parliamentary law (V, 5825), but of high value in the procedure of the House (V, 5866). The principle of the rule applies to a proposition by which it is proposed to modify the pending bill, and not to a portion of the bill itself (V, 6929); and hence an amendment simply striking out words already in a bill may not be ruled out as not germane (V, 5805). While a committee may report a bill embracing different subjects, it is not in order during consideration in the House to introduce a new subject by way of amendment (V, 5825). Whether or not an amendment be germane should be judged from the pro- visions of its text rather than from the purposes which circumstances may suggest (V, 5783, 5803). The rule that amendments should be germane applies to amendments reported by committees (V, 5806). Under the later practice an amendment should be germane to the par- ticular paragraph or section to which it is offered (V, 5811-5820), and an amendment inserting an additional section should be germane to the por- tion of the bill to which it is offered (V, 5822). To a bill amending a general law on a specific point an amendment relating to the terms of the law rather than to those of the bill was offered and ruled not to be ger- mane. (Speaker Reed, V, 5808; also ruled by Speaker Cannon, Apr. 1, 1910, by 61st Cong., 1st sess., p. 4223; Speaker Clark, Dec. 5, 1912, 3d sess, 62d Cong. For ruling, see sec. 943.) An amendment germane to the bill as a whole, but hardly germane to any one section, may be offered at an appropriate place with notice of motions to strike out the following sections which it would supersede (V, 5823). In the consideration of Senate amendments to a House biU an amendment must be germane to the particular Senate amendment to which it is offered, it not being sufficient that it should be germane to provisions of the bill (V, 6188-6191). In determining whether or not an amendment be germane, certain prin- ciples are established. (a) One individual proposition may not be amended by another indi- vidual proposition even though the two belong to the Individual same class. Thus, the following are not germane: To a proposition not biU proposing the admission of one Territory into the germane to Union, an amendment for admission of another Terri- another. j^^ (y^ 5539). ^ a bill for the relief of one individual, an amendment proposing similar relief for another (V, 5826-5829); to a reso- [337] RULES OF THE HOUSE OP REPRESENTATIVES. SI 779-Wl. «»>» ^"' lution providing a special order for one bill, an amendment to mclude another bill (V, 5834-5836); to a provision for extermination of the cottou- boU weevil, an amendment including the gypsy moth (V, 5832); to a pro- vision for a clerk for one committee, an amendment for a clerk to another committee (V, 5833); to bill prohibiting transportation of messages rela- tive to dealing in cotton futures, an amendment adding wheat, com, etc., held out of order. (Speaker Clark. July 16, 1912, 62d Cong., 2d Sess., P- 9142.) . , . (6) A specific subject may not be amended by a provision general m A eneral nature, even when of the class of the specific subject proTMon^not (V, 5843-5846). Thus, the following are not germane: germane to a To a bill for" the admission of one Territory iato the specific subject. Union, an amendment providing for the admission of several other Territories (V, 5837) ; to a bill relating to all corporations engaged in interstate commerce, an amendment relating to all corporations (V, 5842); to a bill modifying an existing law as to one specific particular, an amendment relating to the terms of the law rather than those of the bill (V, 5806-5808). (c) A general subject may be amended by specific propositions of the same class. Thus, the following have been held to be TOMeitsgCTmaiie germane: To a bUl admitting several Territories into to general the Union, an amendment adding another Territory propositions of (V, 5838); to a bill providing for the construction of the class. buildings in each of two cities, an amendment provid- ing for similar buildings in several other cities (V, 5840); to a resolution embodying two distinct phases of international relationship, an amend- ment embodying a third (V, 5839). But to a resolution authorizing a class of employees in the service of the House, an amendment providing for the employment of a specified individual was held not to be germane (V, 5848-5849). (d) Two subjects are not necessarily germane because they are related. Thus, the following have been held not to be germane: § 781. Subjects not ^p^, ^ proposition relating to the terms of Senators, necessarily germane j ^ i. ■ ^i. n ^-^ ■ , ^■ because related. ^^ amendment changing the manner of their election (V, 5882); to a bill relating to commerce between the States, an amendment relating to commerce withia the several States (V, 5841); to a proposition to relieve destitute citizens of the United States in Cuba, a proposition declaring a state of war in Cuba and proclaiming neutrality (V, 5897); to a proposition for the appointment of a select com- mittee to investigate a certain subject, an amendment proposing an in- quiry of the Executive on that subject (V, 5891); to a bill granting a right of way to a railroad, an amendment providing for the purchase of the rail- [338] RULES OF THE HOUSE OF BEPRESENTATIVES. Rule XVI. |§ !82, 784 road by the Government (V, 5887); to a proviBion for the erection of a build- ing for a mint, an amendment to change the coinage laws (V, 5884). (e) An amendment which, is germane, not being "on a subject different from that under consideration," belongs to a class § 782. Illustrations jHugtrated by the following: To a bill providing for an of germane . ^ . ■' ,, °^ j^ amendments. mteroceanic canal by one route, an amendment pro- viding for a different route (V, 5909); to a bill pro- viding for the reorganization of the Army, an amendment providing for the encouragement of marksmanship (V, 5910) ; to a proposition to create a board of inquiry, an amendment specifying when it shall report (V, 5915); to a bill relating to "oleomargarine and other imitation dairy prod- ucts," an amendment on the subject of "renovated butter" (V, 5919); to a resolution rescinding an order for final adjournment, an amendment fixing a new date therefor (V, 5920); to a bill amending a general law in several particulars, an amendment providing for the repeal of the whole law (V, 5824). 8. Pending a motion to suspend the rules, the § 783. Dilatory Speaker may entertain one motion that ::S::rCeL the House adjourn; but after the re- ""»«• suit thereon is announced he shall not entertain any other motion till the vote is taken on suspension. This rule was adopted in 1868 (V, 5743). A motion for a recess (V, 5748- 5751) and for a call of the House when there was no doubt of the presence of a quorum (V, 5747) were held to be dilatory motions within the meaning of the rule. But where a motion to suspend the rules has been made and, after one motion to adjourn has been acted on, a quorum has failed, another motion to adjourn has been admitted (V, 5744r-5746). 9. At any time after the reading of the Journal it § 784. Privileged ^hall be in order, by direction of the motion for con- appropriate committees, to move that slderatlon of revenne , . i /. • . . i r^ and appropriation the House resolve itseli into the Lom- """■ mittee of the Whole House on the state of the Union for the purpose of considering bills rais- ing revenue, or general appropriation bills. [339] RULES OF THE HOUSE OF BEPKESENTATIVES. §1 785,786. RnleXVII As early as 1835 the necessity of giving the appropriation bills precedence became apparent, and in 1837 a rule was adopted which established the principle which continues in the present rule (IV, 3072). The motion to consider revenue bills and the motion to consider appro- priation bills are of equal privilege (IV, 3075, 3076). The motion may des- ignate the particular bill to be considered (IV, 3074). It is in order on Fridays (IV, 3081) and has precedence of the motion to go into Committee of the Whole House to consider the Private Calendar (IV, 3082-3085).^ It may be made on a "suspension day'' as on other days (IV, 3080). But on Wednesdays the privilege of the motion is limited by Rule 24, paragraph 7. It may not be amended or debated and the previous question may not be demanded on it (IV, 3077-3079). Although highly privileged, it may not take precedence of a motion to reconsider (IV, 3087). § 785. Duatory 10. No dilatory motion shall be enter- motions. ^g^ij^g^j ^jy ^j^g Speaker. This rule was adopted in 1890 (V, 5706) to make permanent a principle already enunciated in a ruling of the Speaker, who had declared that the "object of a parliamentary body is action, not stoppage of action" (V, 5713). The Speaker has declined to entertain debate or appeal on a question as to the dilatoriness of a motion, as to do so would be to nullify the rule (V, 5731) ; but has recognized that the authority conferred by the rule should not be exercised until the object of the dilatory motion "becomes apparent to the House " (V, 5713-5714) . Usually, but not always, the Speaker awaits a point of order from the floor before acting (V, 5715-5722). The rule has been applied to the motions to adjourn (V, 5721), to reconsider (V, 5735), to fix the time of five-minute debate in Committee of the Whole (V, 5734), and the question of consideration (V, 5731-5733). The point of "no quorum " has also been ruled out (V, 5724-5730) . A demand for tellers has been held dilatory (V, 5735, 5736); but the constitutional right of the Member to demand the yeas and nays may not be overruled (V, 5737). Rule XVII. PREVIOUS QUESTION. I 1. There shall be a motion for the previous ques- tion, which, being ordered by a major- ZLr""^'""^ ity of Members voting, if a quorum be present, shall have the effect to cut off [340] RULES OF THE HOUSE OF EEPEESENTATIVES. Rule XVII. 55 J87. all debate and bring the House to a direct vote upon the immediate question or questions on which it has been asked and ordered. The previous question may- be asked and ordered upon a single motion, a series of motions allowable under the rules, or an amendment or amendments, or may be made to embrace all authorized motions or amendments and include the bill to its passage or rejection. It shall be in order, pending the motion for, or after the previous question shall have been ordered on its passage, for the Speaker to entertain and submit a motion to commit, with or without instructions, to a standing or select com- mittee, a The House adopted a rule for the previous question in 1789, but it was not turned into an instrument for closing debate until 1811. At various times it has been perfected by amendments shown by experience to be necessary (V, 5443-5445). The previous question is the only motion used for closing debate in the House itself (V, 5456). It is not in order in Com- § 787. Effect of mittee of the Whole (IV, 4716). The motion may not prevlons qnestlon . , , ..,',,,,„. J i on debate. incluae a provision that it shall take effect at a certain time (V, 5457). Forty minutes of debate are allowed whenever the previous question is ordered on a proposition on which there has been no debate (V, 6821; see Rule XXVII, § 3); but if there has been debate, even though brief, before the ordering of the previous question, the forty minutes are not allowed (V, 5499-5501). This preliminary debate should be on the merits of the question if the forty minutes of debate are to be denied for reason of it (V, 5502). The forty minutes should be de- manded before division has begun on the main question (V, 5496). It may not be demanded on incidental motions, but is confined to the main ques- tion (V, 5497, 5498). It may not be demanded on a proposition which has been debated in Committee of the Whole (V, 5505), or on a conference report if the subject-matter of the report was debated before being sent to con- ference (V, 5506, 5507). When the previous question is ordered merely on an amendment which has not been debated, the forty minutes are allowed [341] RTILES OF THE HOUSE OF REPRESENTATIVES. §5 788.789. Knle XVII. (V, 5503); but the same liberty of debate is not allowed when the question covers both an undebated amendment and the original proposition (V, 5504). It was also denied on a resolution to correct an error in an enrolled bill (V, 5508). The forty minutes is divided, one half to those favoring and the other half to those opposing (V, 5495). The provisions of the rule define the application of the previous question with considerable accuracy. It may not be moved § 788. Application ^j^ j^^j.^ ^^g^j^ ^j^g ^jjjj except by the unanimous con- qnesHra*^ °°^ sent of the House (V, 5461-5464), or on motions to agree to a conference report and also to dispose of differences not included in the report (V, 5465). It may apply to the main question and a pending motion to refer (V, 5466, Speaker Clark, 62d Cong., Ist sesa., May 17, 1911). When a bill is reported from the Committee of the Whole with the enacting words stricken out, it may be applied to the motion to concur without covering further action on the bill (V, 5342). During consideration "in the House as in Committee of the Whole" it may be demanded while Members still desire to offer amendments (IV, 4926-4929), but it may not be moved (gi a single section of a bill (IV, 4930). When ordered on a resolution with a preamble there is doubt of its applica- tion to the preamble, unless the motion specifies (V, 5469, 5470). It may be moved on a series of resolutions, but this does not preclude a division of the resolutions on the vote (V, 5468). It is often ordered on undebatable propositions to prevent amendment (V, 5473, 5490), but may not be moved on a motion that is both undebatable and unamendable (IV, 3077). It applies to questions of privilege as to other questions (II, 1256; V, 5459, 5460). The Member in charge of the bill and having the floor may demand the previous question although another Member may t '**' ^th ''^''' propose a motion of higher privilege; but the motion prevrus question. °^ ^^S^^^ privilege must be put first (V, 5480); and if the Member in charge of the bill claims the floor in debate another Member may not demand the previous question (II, 1458); but having the floor any Member may make the motion although the effect may be to deprive the Member in charge of the control of the biU (V, 5476). And if, after debate, the Member in charge of the bill does not move the previous question, another Member may (V, 5475); but where a Member intervenes on a pending proceeding to make a preferential motion, as the motion to recede from a disagreement with the Senate, he may not move the previous question on that motion as against the rights of the Member in charge (II, 1459). [342] RXJLES OF THE HOUSE OF REPRESENTATIVES. Bale XVII. §§ 790. The motion to commit under this rule applies to resolutions of the House I 790. The motion s^one as well as to bills (V, 5572, 5573), to Senate to commit after the amendments to a House bill (V, 5575), and to a motion prevlouB question Is to amend the Journal (V, 5574). It does not apply to ordered. ^^ ^.^p^^.^ ^^^^^ ^^^ Committee on Rules (V, 5593-5601), or to a pending amendment to a proposition in the House (V, 5573). The motion to commit may be made pending the demajid for the pre- vious question on the passage, whether a bill or resolution be under con- sideration (V, 5576); but when the demand covers all stages of the bill to the final passage the motion to commit is made only after the third read- ing, and is not in order pending the demand or before the engrossment or third reading (V, 5578-5581). When separate motions for the previous question are made, respectively, on the third reading and on the passage of a bill, the motion to commit should be made only after the previous question is ordered on the passage (V, 5577). When the previous ques- tion has been ordered on a simple resolution (as distinguished from a joint resolution) and a pending amendment, the motion to commit should be made after the vote on the amendment (V, 5585-5588). It was for- merly held that the opponents of a bill had no claim to prior recognition to make the motion (II, 1456), but under Rule XVI, § 4, the prior right to recognition is given to an opponent. When the House refuses to order a bill to be engrossed and read a third time the motion to commit may not be made (V, 5602, 5603). The motion to refer under this rule is not debatable (V, 5582); but may be amended, as by adding instructions, unless such amendment be pre- cluded by moving the previous question (V, 5582-5584) unless previous question ordered, amendment in nature of substitute in order to motion to commit with instructions. Speaker Clark, August 16, 1912 (2d sess. 62d Cong., p. 11090), ruled aa follows: "Mr. Norris made the point of order that the amendment offered by Mr. Moon of Tennessee is not in order because it strikes out all the motion of the gentleman from Illinois [Mr. Mann] and inserts a different one, and in effect takes away from the minority the right to make a motion to recommit. "The Speaker overruled the point of order and said: " 'The Chair thinks that when the Chair has given to the minprity a right to make a motion, although Rule XVII does not recognize and does not require it, though Rule XVI does, and when the majority exercises that right under the preference given by the item to make the motion, then the motion is in the hands of the House and subject to every rule of the House and to every rule of amendinent. But there is no question in the mind of the Chair but that the motion of the gentleman from Tennessee [Mr. Moon] [343] RULES OF THE HOUSE OF EEPRESENTATIVES. §1791,792. Rule XVII. is germane to the subject, and it does not take away from th.e minority the preferential right in the matter, but it has a right to say whether it prefers the proposition of the minority or the majority. As a matter of fact, nobody can tell who is the majority or who is the minority on this kind of a proposi- tion. If it were a political question, you might get at it.' " Motion to commit with instructions, instructions must be'germane to bill before the House. To a bill amendatory of an existing law as to one specific particular, an amendment relating to the terms of the law rather than to those of the bill was held not to be germane. (Speaker Keed, V, 5808; Speaker Cannon, Apr. 1, 1910, 61st Cong.; Speaker Clark, Dec. 5, 1912, 62d Cong. For full ruling of Speaker Clark see sec. 943 of Digest.) Only one motion to commit is in order (V, 5577, 5582, 5585) ; but where a bill is recom- mitted under this motion, and, having been reported again, is again sub- jected to the previous question, another motion to commit is in order after the engrossment and third reading (V, 5591). The motion may not be accompanied by a preamble (V, 5589); and it may not be laid on the table (V, 5412-5414). When a special order declares that at a certain time the previous question shall be considered as ordered on a bill to the final passage, it has usually, but not always, been held that a motion to commit is precluded (IV, 3207- 3209). The motion to lay on the table may not be applied to the previous ques- tion (V, 5410, 5411); nor may it be applied to the main § 791. Belatlon o' question after the previous question has been ordered qnestlon to other (^> 5415-5422), or after the yeas and nays have been motions. ordered on the demand for the previous question (V, 5408, 5409). The motion to postpone may not be applied to the main question after the previous question has been ordered (V, 5319-5321). The previous question may be applied both to the main question and a pending motion to refer (V, 5342). 2. A call of the House shall not be in order after §792. Relation of ' ^^^ prcvlous quBstlon is ordered, unless previous question it ghaU appear upon an actual count to failure of a - n i i quorum. by the Speaker that a quorum is not present. This rule was adopted in 1860 (V, 5447). [344] RULES OF THE HOUSE OF REPRESENTATIVES. §§ '9S,J94. RuleXVm. 3. All incidental questions of order arising after a § 798. Questions Hiotion is Hiade for the previous ques- tL°moti™°fof Hie tlon, and pending such motion, shall be previous question, decided, whether on appeal or other- wise, without debate. This rule was adopted in 1837 to prevent delay by debate on points of order after the demand for the previous question (V, 5448). A question of privilege relating to the integrity of action of the House itself has been distinguished from ordinary questions of order and has been thrown open to debate after the ordering of the previous question (V, 2532). Rule XVIII. RECONSIDERATION. 1. When a motion has been made and carried or § 794. The motion lost, It shall be in order for any member to reconsider. ^£ ^j^^ majority, ou the same or suc- ceeding day, to move for the reconsideration thereof," and such motion shall take precedence of all other questions except the consideration of a conference report or a motion to adjourn, and shall not be withdrawn after the said succeeding day without the consent of the House, and thereafter any Member may call it up for consideration : Provided, That such motion, if made during the last six days of a session, shall be disposed of when made. The motion to reconsider, used in the Continental Congress and in the House of Representatives from its first organization, in 1789, was first made the subject of a rule in 1802; and at various times this rule has been per- fected by amendments (V, 5605). The motion is not used in Committee of the Whole (IV, 4716-4718). or in the House dining the absence of a quorum when the vote proposed to be reconsidered requires a quorum (V, 5606). But on votes incident to a call 69373°— 12 23 [345] KULES OF THE HOUSE OF REPRESENTATIVES. §§ 795,796. Rule XVIII. of the House the motion to reconsider may be entertained and also laid on the table, although a quorum may not be present (V, 5607, 5608). The mover of a proposition is entitled to prior recognition to move to reconsider (II, 1454) . A Member may make the motion § 795. Maker of ^^ g^^y ^j^g without thereby abandoning a prior motion reconsider! " made by himself and pending (V, 5610). A Delegate may not make the motion (II, 1292). The provision of the rule that the motion may be made "by any member of the majority" is construed, in case of a tie vote, to mean any member of the prevailing side (V, 5615, 5616), and the same construction applies in case of a two-thirds vote (II, 1656; V, 5617, 5618). Where the yeaa and nays have not been ordered recorded in the Journal, any Member, irrespective of whether he voted with the majority or not, may make the motion to reconsider (V, 5611- 5613, 5689); but a Member who was absent (V, 5619) or who was paired in favor of the majority contention and did not vote, may not make the motion (V, 5614). The precedence given the motion by the rule permits it to be made even after the previous question has been demanded & 7QA Prppnr1nTi<>n Of the motion to (V, 5656) or whUe it is operating (V, 5657-5662). The reconsider. motion to reconsider the vote on the engrossment of a bill may be admitted after the previous question has .been moved on a motion to postpone (V, 5663), and a motion to reconsider the vote on the third reading may be made and acted on after a motion for the previous question on the passage has been made (V, 5656). It also takes precedence of the motion to go into Committee of the Whole, or even of a demand that the House return to committee after the appear- ance of a quorum (IV, 3087). But in a case wherein the House had passed a bill and disposed of a motion to reconsider the vote on its passage, it was held to be too late to reconsider the vote sustaining the decision of the Chan- wMch brought the bill before the House (V, 5652). After a conference has been agreed to and the managers for the House appointed, it is too late to move to reconsider the vote whereby the House acted on the amendments in disagreement (V, 5664). While the motion has high privilege for entry, it may not be considered whUe another question is before the House (V, 5673-5676). When it relates to a bill belonging to a particular class of business, consideration of the motion is in order only when that class of business is in order (V, 5677-5681). It may then be called up at any time; but is not the regular order until called up (V, 5682). When once entered it may remain pending indefinitely, even until a succeeding session of the same Congress (V, 5684). [346] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XVIII. §§ 797,798. A motion to reconsider may be entertained, although the bill or resolution to which it applies may have gone to the other House or !f'th'e' mouinto"" *^^ President (V, 5666-5668). The fact that the House reconsider. ^^^ informed the Senate that it had agreed to a Senate amendment to a House bill was held not to prevent a motion to reconsider the vote on agreeing (V, 5672). When a motion is made to reconsider a vote on a bill which has gone to the Senate, a motion to recall the bill is privileged (V, 5669-5671). The motion to reconsider may be applied once only to a vote ordering the previous question (V, 5655) , and may not be applied to a motion for the previous question which has been partially executed (V, 5653, 5654); but a vote agreeing to an order of the House has been reconsidered, although the execution of the order had begun (III, 2028; V, 5665). The motion may not be applied to negative votes on motions to adjourn (V, 5620-5622), or for a recess (V, 5625), or to go into Committee of the Whole (V, 5368). In one instance, however, the Chair admitted a motion to reconsider an affirmative vote on the motion to go into Committee of the Whole (V, 5368). Motions to reconsider negative votes on motions to fix the day to which the House shall adjourn have been the subjects of con- flicting rulings (V, 5623, 5624). It is in order to reconsider a vote postponing a bill to a day certaiu (V, 5643); but not to reconsider a negative decision of the question of consideration (V, 5626, 5627), or a vote on suspension of the rules (V, 5645, 5646). A vote whereby a second is ordered may be reconsidered (V, 5642). The motion to reconsider a vote on a proposition having been once agreed to, and the said vote having again been taken, a second motion to reconsider may not be made unless the nature of the proposition has been chaiiged by amendments (V, 5685-5688). A bill is not considered passed or an amendment agreed to if a motion to reconsider is pending, the effect of the motion being §798. Effect of the ^ j ^t. • • i ■^- /-ir e-to^n j 4.1, motion to reconsider. ^ suspend the original proposition (V, 5704); and the Speaker declines to sign an enrolled bill until a pending motion to reconsider has been disposed of (V, 5705). But whenthe Con- gress expires leaving unacted on a motion to reconsider the vote whereby a simple resolution of the House has been agreed to, it is probable that the resolution would be operative; and where a bill has been enrolled, signed by the Speaker, and approved by the President, it is undoubtedly a law, although a motion to reconsider may not have been disposed of (V, 5704, footnote). A Member-elect may not take the oath until a motion to recon- sider the vote determining his title is disposed of (I, 335); but when, in such a case, the motion is disposed of, the right to be sworn is complete (I, 622). When the motion to reconsider is decided in the affirmative the question [347] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 799-802. Bule XVIII. immediately recurs on the question reconsidered (V, 5703). When a vote whereby an amendment has been agreed to is reconsidered the amendment becomes simply a pending amendment (V, 5704). When the vote ordering the previous question is reconsidered it is in order to withdraw the motion for the previous question, the "decision" having been nullified (V, 5357). When the previous question has been ordered on a series of motions and its force has not been exhausted the reconsideration of the vote on one of the motions does not throw it open to debate (V, 5493); but when a vote on a single proposition taken under the operation of the previous question is reconsidered the main question stands divested of the previous question and may be debated (V, 5491, 5492).' The motion to reconsider is agreed to by majority vote, even when the vote reconsidered requires two-thirds for afSrmative thlmotton to** °" ^'^^^°^ ^^^' ^^^^' ^' ^^^'^' ^^^^}' °^ "^^^^ °^^^ one-fifth reconsider. ^^ required for affirmative action, as in votes ordering the yeas and nays (V, 5689-5692, 6029). But one motion to reconsider the yeas and nays having been acted on, another motion to recpnsider is not in order (V, 6037). A vote on the motion to lay on the table may be reconsidered whether § 800. Relation of the, decision be in the affirmative (V, 5628, 5695, 6288) the motion to or in the negative (V, 5629). It is in order to reconsider reconsider to the the vote laying an appeal on the table (V, 5630), ^""tabU '*'' "° although during proceedings under a call of the House this motion was once ruled out (V, 5631). The motion to reconsider may not be applied to the vote whereby the House has laid a,nother motion to reconsider on the table (V, 5632-5640). A motion to reconsider is not debatable if the motion proposed to be reconsidered was not debatable' (V, 5694-5699); and the § 801. Debate on j^^ggj ruling is that the application of the previous the motion to . . , j i ^ i , ... /ir -..„„ reconsider question makes an undebatable proposition (V, 5700, 5701). 2. No bill, petition, memorial, or resolution referred § 802. Application to a commlttee, or reported therefrom reconside°r to bills ^OT printing and recommitment, shall be in committees. brought back into the House on a mo- tion to reconsider; * * * This rule was first adopted in 1860, and amended in 1872, to prevent a practice of using the privilege of the motion to reconsider to secure consid- eration of bills otherwise not in order (V, 5647). There is a question as to [348] RTJLBS OF THE HOUSE OF REPRESENTATIVES. Rule XIX. §§ 808,801. whether or not the rule applies to a case wherein the House, after consid- ering a bill, recommits it (V, 5648-5650). After a committee has reported a bill it is too late to reconsider the vote by which it was referred (V, 5651). 5 808. Requirement 2. * * * and all biUs, petitiOHS, that reports of memorials, or resolutions reported from committees be In , ini -ii writing and be a Committee shall be accompamed by re- printed. ports in writing, which shall be printed. This rule was adopted in 1880 (V, 5647). The House insists on observance of this rule (IV, 4655) and does not receive verbal reports as to bills (IV, 4654). But the suflSciency of a report is passed on by the House and not by the Speaker; (II, 1339, IV, 4653). A report is not necessarily signed by all those concurring (II, 1274) or even by any of those concurring, but minority views are signed by those sub- mitting them (IV, 4671). Rule XIX. OF AMENDMENTS. When a motion or proposition is under considera- tion a motion to amend and a motion §804. Amend- i n i • mentstotextand to amend that amendment shall be in order, and it shall also be in order to offer a further amendment by way of substitute, to which one amendment may be offered, but which shall not be voted on until the original matter is perfected, but either may be withdrawn before amendment or decision is had thereon. Amendments to the title of a bill or resolution shall not be in order until after its passage, and shall be decided without debate. This rule was adopted in 1880, with an amendment adding the portion in relation to the title in 1893. The rule of 1880, however, merely stated in form- of rule what had been the practice of the House for many years (V, 5753). [349] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 805-807. Rule XIX. It is not in order to offer more than one motion to amend of the same na- ture at a time (V, 5755), and two independent amend- I 805. Conditions ments may be voted on at once only by unanimous aLend!""""" *" consent of the House (V, 5779). But the four motions specified by the rule may be pending at one and the same time (V, 5753). An amendment in the third degree is not specified by the rule and is not permissible (V, 5754), even when th^ third degree is in the nature of a substitute for an amendment to a substitute (V, 5791). But a substitute amendment may be amended by striking out all after its first word and inserting a new text (V, 5793, 5794), as this, while in effect a substitute, is not technically so, for the substitute always proposes to strike out' all after the enacting or resolving words in order to insert a new text (V, 5785, footnote). An amendment in the nature of a substitute maybe proposed before amendments to the original text have been acted on, but may not be voted on until such amendments have been disposed of (V, 5753, 5787). When a bill is considered by sections or paragraphs, an amend- ment in the nature of a substitute is properly offered after the reading for amendment is concluded (V, 5788). But when it is proposed tooffer a single substitute for several paragraphs of a bill which is being considered by para- graphs, the substitute may be moved to the first paragraph, with notice that, if agreed to, motions will be made to strike out the remaining paragraphs (V, 5795). The substitute amendment, as well as the original proposition, may be perfected by amendments before the vote on it is taken (V, 5786). An amendment in the nature of a substitute having been agreed to, the vote is then taken on the original proposition as amended (II, 983; V, 5799, 5800). While the rule provides that either an ordinary or substitute amendment may be withdrawn in the House (V, 5753) or "in the §806. Withdrawal g^^gg ^ ^ Committee of the Whole" (IV, 4935), it of the motion to ^ , . . , . „ . . , ' ' amend "^^J" ^'^^ "^ Withdrawn m Committee of the Whole (V, 5221). The motion to refer, the previous question not being ordered, has preced- § 807. Precedence ence of the motion to amend (V, 5555). Amendments of the motion to reported by a committee are acted on before those *"™*- offered from the floor (V 5773); but there is a question as to the extent to which the chairman of the committee reporting a bill should be recognized to offer amendments to perfect it in preference to other Members (II, 1450). The motion to strike out the enacting clause has precedence of the motion to amend, and may be offered while an amend- ment is pending (V, 5328-5331). [350] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XX. §§ 808-810. With some exceptions an amendment may attach itself to secondary and § 808. EeiaHon of privileged motions (V, 5754). Thus, the motions to the motion to postpone, refer, amend, for a recess, and to fix the day muttons" "*'"'' *•* which the House shall adjourn may be amended (V, 5754). But the motions for the previous question, to lay on the table, to adjourn (V, 5754) and to go into Committee of the Whole to consider a privileged bill may not be amended (IV, 3078, 3079). Rule XX. OF AMENDMENTS OF THE SENATE. Any amendment of the Senate to any House bill s 809. consideration ^hall bc subjcct to the polnt of order of Senate that It shall first be considered in the amendments In . <■ i ttti it Committee of the Committec of the W hole House on the state of the Union if, originating in the House, it would be subject to that point. This rule was adopted .in 1880 to prevent a practice by which Senate amendments of the class described had escaped consideration in Com- mittee of the Whole (IV, 4796). A Senate amendment which is a modification merely of a House propo- sition, like the increase or decrease of the amount of § 810. Practice In an appropriation, and does not involve new and distinct considering Senate expenditure, is not required to be considered in Com- C^mmuteeofthe mitteeof the Whole (IV, 4797^806). When in the House Whole. an amendment is offered to provide an appropriation for another purpose than that of the Senate amendment, the House goes into Committee of the Whole to consider it (IV, 4795). When an amendment is referred, the entire bill goes to the Committee of the Whole (IV, 4808), but the committee considers only the Senate amend- ment (V, 6192). It usually considers all the amendments, although they may not all be within the rule requiring such consideration (V, 6195) . The House may, however, proceed to the disposition of those Senate amendments not requiring consideration in Committee of the Whole before going into committee on those affected by the rule (IV, 4807). In Committee of the Whole a Senate amendment, even though it be very long, is considered as an entirety and not by paragraphs or sections (V, 6194). It has been held that each amendment is subject to general debate and amendment under the five-minute rule (V, 6193, 6196). [351] EULES OF THE HOUSE OF REPRESENTATIVES. U 811-813. Rule XXI. Rule XXI. ON BILLS. 1. Bills and joint resolutions on their passage shall . o,, „ ^. be read the first time by title and the § 811. Reading, •' . engrossment, and second time in fuU, when, if the previous passage s. question is ordered, the Speaker shall state the question to be : Shall the bill be engrossed and read a third time? and, if decided. in the affirma- tive, it shall be read the third time by title, unless the reading in full is demanded by a Member, and the question shall then be put upon its passage. This rule was first adopted in 1789, and was amended in 1794 and 1880 (IV, 3391). Formerly a bill was read for the first time by title at the time of its intro- duction, but since 1890 all bills have been introduced by second readings. ^^^^S them with the Clerk, thus rendering a reading by title impossible at that time (IV, 3391). But the titles of all bills introduced are printed in the Journal and Record, thus carrying out the real purposes of the rule. The second reading formerly occurred in the House before commitment; but as the processes of handling bills have been shortened, the second reading now occurs for bills considered in the House alone when they are taken up for action, and, for bills considered in Committee of the Whole, when they are taken up in that committee. A bill read in full in Committee of the Whole and reported therefrom is not read in full again when acted on by the House (IV, 3409, 3410, 4916). But when a bill is taken up in Committee of the Whole its reading in full may be demanded before general debate begins, although it may have just been read in the House (IV, 4738). The Speaker makes it his duty, ordinarily, to object to a request for unanimous consent that a bill may be acted on without being read (IV, 3390). The right to demand the full reading of the engrossed copy of a bill, guaranteed by the rule, exists only immediately after readtag^fter''''' ^* ^^ passed to be engrossed and before it has been read engrossment. » third time by title (IV, 3400, 3403, 3404), or the yeas and nays have been ordered on the passage (IV, 3402). This right to demand the reading in full may cause the bill to be laid aside [352] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XXI. §§ 814,815. until engroBsed, even though the previous question may be ordered (IV, 3395-3399). A special order does not deprive the Member of his right to demand the reading of the engrossed bill (IV, 3401), and a privileged motion may not intervene before the third reading (IV, 3405). A vote on the pas- sage has been reconsidered in order to remedy the omission to read a bill a third time (IV, .3406). Senate bills are not engrossed in the House; but are ordered to a third reading. A bill in the House (as distinguished from the Committee of the Whole) is amended pending the engrossment and third reading bills/ (V, 5781). The question on engrossment and third reading being decided in the negative the bill is re- jected (IV, 3420, 3421). A bill must be considered and voted on by itself (IV, 3408). Where the two Houses pass similar but distinct biUs on the same subject it is necessary that one or the other House act again on the subject (IV, 3386). The requirement of a two-thirds vote for proposed constitutional amendments has been construed in the later practice to apply only to the vote on the final passage (V, 7029, 7030). A bill having been rejected by the House, a similar but not identical bill on the same subject was afterwards held to be in order (IV, 3384). 2. No appropriation shall be reported in any gen- § 815. Unauthorized cral appropriation bill, or be in order "tC""' """^ ^s ^^ amendment thereto, for any ex- on general penditure not previously authorized by appropriation ^ . '■ , . "^ ^ . „ Mils. law, unless in continuation oi appro- priations for such public works and objects as are already in progress. Nor shall any provision in any such bill or amendment thereto changing ex- isting law be in order, except such as being ger- mane to the subject matter of the bill shall retrench expenditures by the reduction of the number and salary of the officers of the United States, by the re- duction of the compensation of any person paid out of the Treasury of the United States, or by the reduction of amounts of money covered by the bill: Provided, That it shall be in order further to amend such bill [353] RULES OF THE HOUSE OF REPRESENTATIVES. §§8X6,81J. BuleXXI. upon the report of the comriaittee or any joint com- mission authorized by law or the House Members of any such commission having jurisdiction of the sub- ject matter of such amendment, which amendment being germane to the subject matter of the bill shall retrench expenditures. This rule was first adopted in 1837, to prevent delay of appropriation bills because of contention over propositions of legislation. It has been amended at various times, especially by a clause permitting legislation which tended to reduce expenditures; but in 1885 substantially the present language was adopted (IV, 3578). As all bills making or authorizing appropriations require consideration in Committee of the Whole, it follows that the enforce- § 816. Points of ment of the rule must ordinarily occur during consid- appropri^Hon'bms. eration in Committee of the Whole, where the Chair, on the raising of a point of order, may rule out any portion of the bill in conflict with the rule (IV, 3811). No report of parts of the bill thus ruled out is made to the House. It is the practice, there- fore, for some Member to reserve points of order when a general appropria- tion bill is referred to Committee of the Whole, in order that portions in violation of rule may be eliminated in the committee (V, 6921-6925). Points of order against unauthorized appropriations or legislation on general appropriation bills may be m.ade as to the whole or a portion only of a paragraph (IV, 3652; V, 6881), and the fact that a point is made against a portion of a paragraph does not prevent another point against the whole paragraph (V, 6882). And if a portion of a proposed amendment be out of order, it is sufficient for the rejection of the whole amendment (V, 6878- 6880); and where a point is made against the whole of a paragraph the whole must go out, but it is otherwise when the point is made only against a portion (V, 6884, 6885). The authorization by existing law required in the rule to justify appro- priations may be made also by a treaty if it has been Iflawfo"**""*^"""" ^^.tified by both the contracting parties (IV, 3587). appropriations. -^^ ^ resolution of the House has been held sufficient authorization for an appropriation for the salary of an employee of the House (IV, 3656-3658) even though the resolution may have been agreed to only by a preceding House (IV, 3660). The omission to appropriate during a series of years for an object authorized by law does not [354] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XXI. § 818. repeal the law, and consequently an appropriation when proposed is not subject to the point of order (IV, 3595). The law authorizing each head of a department to employ such numbers of clerks, messengers, copyists, watchmen, laborers, and other employees as may be appropriated for by Congress from year to year is held to authorize appropriations for those positions not otiierwise authorized by law (IV, 3669, 3675, 4739); but this law does not apply to offices not within departments or not at the seat of Government (IV, 3670-3764). By a general provision of law appropria- tions for investigations and the acquirement and diffusion of information by the Agricultural Department on subjects related to agriculture are gen- erally in order in the agricultural appropriation bill (IV, 3649). It has once been held that this law would authorize also appropriations for the instru- mentalities of such investigations (IV, 3615); but these would not include the organization of a bureau to conduct the work (IV, 3651). The law does not either authorize general investigations by the department (IV, 3652), or cooperation with state, investigations (IV, 3650), or the investigation of foods in relation to commerce (IV, 3647, 3648), or the compiling of testa at an exposition (IV, 3653). Judgments of courts certified to Congress in accordance with law or authorized by treaty (IV, 3634, 3635, 3644) and audit, § 818. Aathorlza- .jjj„ under authority of law have been held to be authori. tlons for claims Z.- ^ ■ ^- k ^r. j. c t • /Ttr and salaries zation for appropriations for the payment oi claims (IV, 3634, 3635). But unadjudicated claims (IV, 3628), even though ascertained and transmitted by an executive oflBcer (IV, 3625-3640), and findings filed under the Bowman Act do not constitute authorization (IV, 3643). An appropriation for an object not otherwise authorized does not make authorization to justify. a continuance of the appropriation another year (IV, 3588, 3589), and the mere appropriation for a salary does not create an office so as to justify appropriations in succeeding years (IV, 3590, 3672, 3697), it being a general rule that propositions to appropriate for salaries not established by law or to increase salaries fixed by law are out of order (IV, 3664-3667, 3676-3679). But an exception to these general principles is found in the established practice that in the absence of a general law fixing a salary the amoimt appropriated in the last appropriation bill has been held to be the legal salary (IV, 3687-3696). A law having established an office and fixed a salary, it is not in order to provide for an unauthorized office and salary in Ueu of it (IV, 3680). Executive departments being authorized by section 169, Revised Statutes, to employ such clerks, etc., as Congress may appropriate for from year to year, held to be authority for making appropriation to pay salary of such clerk, etc. (IV, I [355] RULES OF THE HOUSE OF REPRESENTATIVES. § 819. Rale XXI. On December 6, 1912, third session Sixty-second Congress, Chairman Gar- ner ruled as follows: "It seems to the Chair that the first question for the Chair to ascertain is whether or not section 169 of the Revised Statutes authorizes these clerks or whether the head of a department has the right to employ these five clerks. In 1906 Mr. Hull, of Iowa, was in the chair, and this identical question came up and was decided by him on a point of order made by Mr. Tawney upon clerks of a similar nature in the War De- partment. Mr. Hull held at that time, quoting section 169, that where the statute had authorized the heads of the department to employ clerks and other laborers that it was in order, and he overruled the point of order. He used this language: " "The first question is. What law authorizes this appropriation? The only law referred to is that contained in section 169 of the Revised Statutes, which is as follows: ' "Here he quotes the statute. This is a similar case, where the gentleman from New York [Mr. Fitzgerald] cites the statute, section 169, as authority for this legislation. Mr. Hull made this comment: " 'The next question, of course, is whether these clerks referred to in the items to which objection has been made are to be employed by the head of a department and in his department. The gentleman from Iowa, Mr. Hull, is quite correct in his statement of the ruling made by the occupant of the chair, Mr. Hopkins^ as referred to on page 2404 of the Record, third session Fifty-fifth Congress, but it appears that at that time the Chairman of the Committee of the Whole was not familiar with the ruling of the Attorney Greneral, which has been submitted to.' "And he went on and held that these clerks were to be employed as con- templated in section 169 of the Revised Statutes. The Chair is of the opin- ion that section 169 would apply to the clerks in this item, and therefore overrules the point of order." A reappropriation for a purpose authorized by law is in order (IV, 3591- 3593), as is also the return of an unexpended balance to the Treasury (IV, 3594). An appropriation for a public work in excess of a fixed limit of cost (IV, 3583, 3584), or for extending a service beyond the tio"f«°pnbiir' "^^^^ assigned by an executive officer exercising a works. lawful discretion (IV, 3598), or by actual law (IV, 3582, 3585), or for purposes prohibited by law are out of order (IV, 3580, 3581,'3702). But the mere appropriation of a sum "to complete" a work does not fix a limit of cost such as would exclude future appropria- tions (IV, 3761). In the administration of the rule it is the practice that those upholding an item of appropriation should have the burden of showing the law authorizing it (IV, 3597). [356] RULES OF THE HOUSE OF EEPBESENTATIVES. Rule XXI. §§ 820, 821. The rule requiring appropriations to be authorized by existing law excepts those "in continuance of appropriations for o/f pnbllc*wo"k"by ™*^^ P"^^^^ ^"''^ ^^^ objects as are already in progress " appropriations. C-^i 3578). But an appropriation in violation of existing law or to extend a service beyond a fixed limit (IV, 3585) is not in order as the continuance of a public work (IV, 3702- 3724) . Interruption of a work does not necessarily remove it from the privi- leges of the rule (IV, 3705-3708); but the continuation of the work must not be so conditioned in relation to place as to become a new work (IV, 3704) . It has been held that a work has not been begun within the meaning of the rule when an appropriation has been made for a site for a public building (IV, 3785), or when a commission has been created to select a site or when a site has actually been selected for a work (IV, 3762-3763), or when a sur- vey has been made (IV, 3782-3784) . By " public works and objects already in progress" are meant tangible matters like buildings, roads, etc., and not duties of oflBicials in executive departments (IV, 3709-3713), or the con- tinuance of a work indefinite as to completion and intangible in nature like the gauging of streams (IV, 3714, 3715). Thus the continuation of the following works has been admitted: A § 821. Examples topographical survey (IV, 3796, 3797), a geological Ulnstratins the map (IV, 3795), marking of a boundary line (IV, 3717), continoation of marking graves of soldiers (IV, 3788), a list of claims a public work. (jy^ 37^7)^ ^^^^ recoinage of coins in the Treasm-y (IV, 3807); but the following works have not been admitted : Investigation of materials, like coal (IV, 3721), scientific investigations (IV, 3719), duties of a commission (IV, 3720), extension of foreign markets for goods (IV, 3722), printing of a series of opinions indefinite in continuance (IV, 3718), free evening lectures in the District of Columbia (IV, 3789), con- tinuation of an extra compensation for ordinary facility for carrying the mails (IV, 3808), although the continuation of certain special mail facilities has been admitted (IV, 3804-3806) . But appropriations for rent and repairs of buildings or government roads (IV, 3793, 3798) and bridges (IV, 3803) have been admitted as in continuation of a work (IV, 3777, 3778), although it is not in order as such to provide for a new building in place of one destroyed (IV, 3606). Nor is it in order to repair paving adjacent to a public building but in a city street, although it may have been laid origi- nally by the Government (IV, 3779). The purchase of adjoining land for a work already established has been admitted under this principle (IV, 3766-3773) and also additions to existing buildings in cases where no limits of cost have been shown (IV, 3774, 3775). But the purchase of a separate and detached lot of land is not admitted (IV, 3776). [357] RULES OF THE HOUSE OF EEPKESENTATIVES. §§ 822-824. Enle XXI. Appropriations for new buildings at government institutions have some- , „^ „ times been admitted (IV, 3741-3750) when intended § 822 Nbw bnlldinffs at ^°^ *^® purposes of the institution (IV, 3747); but later existing decisions, in view of the indefinite extent of the prac- tnstltatlons as In tice made possible by the early decisions, have ruled contlnnance of a ^^^ propositions to appropriate for new buildings in '"' "^'" ■ navy-yards (IV, 3755-3759) and other establishments (IV, 3751-3754). Appropriations for new schoolhouses in the District of Columbia (IV, 3750), for new army hospitals (IV, 3740), for new lighfr houses (IV, 3728), armor-plate factories (IV, 3737-3739), and for additional playgrounds for children in the District of Columbia (IV, 3792) have also been held not to be in continuation of a public work. By a broad construction of the rule an appropriation for a new and not , „„„ ^. , otherwise authorized vessel of the navy is held to be § 823. ^ew vessel "^ fornaval and other ^0^ continuance of a public work (IV, 3723, 3724); but services as In this interpretation is confined to naval vessels, and does continuation of a not apply to vessels in other services, like the Coast pnbllc work. Survey or Lighthouse Department (IV, 3725-3726), or to floating or stationary dry docks (IV, 3729-3736). The construction of a submarine cable in extension of one already laid was held not to be the continuation of a public work (IV, 3716). The provision of the rule forbidding in any general appropriation bill a § 824. Legislation "provision changing existing law " is construed to mean on appropriation the enactment of law where none exists (IV, 3812, 3813). bills. _ Existing law may be repeated verbatim in an appro- priation bill (IV, 3814, 3815), but the slightest change of the text causes it to be ruled out (IV, 3817). The reenactment from year to year of a law intended to apply during the year of its enactment only is not relieved, however, from the point that it is legislation (IV, 3822). A provision proposing to construe existing law is in itself a proposition of legislation and therefore not in order (IV, 3936-3938). Also a proposition to change a rule of the House is subject to the point of order (IV, 3819). The object to be appropriated for may be described without violating the rule (IV, 3864). Propositions lo establish affirmative directions for executive officers (IV, 3854-3859), even in cases where they may have discretion under the law so to do (IV, 3853), or to take away an authority or discretion conferred by law (IV, 3862, 3863), are subject to the point of order. Limits of cost for public works may not be made or changed (IV, 3581, 3761, 3865-3867) or contracts authorized (IV, 3868-3870). In rare instances the House, by agreeing to a report from the Committee on Kules or by adopting an order under suspension of the rules (IV, 3845), [358] RULES OF THE HOUSE OF REPRESENTATIVES. Bule XXI. § 821. has authorized legislation on general appropriation bills (IV, 3260-3263, 3839-3844). The principle seems to be generally accepted that the House proposing legislation on a general appropriation bill should recede if the other House persists in its objection (IV, 3904-3908). A paragraph which proposes legislation being permitted to remain may be perfected by a ger- mane amendment (IV, 3823-3835, 3838) , but this does not permit an amend- ment which adds additional legislation (IV, 3836, 3837, 3862). Chairman Underwood on May 3, 1912, Sixty-second Congress, second ses- sion, page 5847, made the following ruling: ' ' The Chair is ready to rule . The law at present provides that clerk hire for each Member of Congress shall be $1,200. That is the existing law. The committee has reported a paragraph to this bill providing that the clerk hire of Members of Congress shall be $1,500 a year. If a point of order had been made against the paragraph in time the Chair would have held that it was subject to the point of order, because it was contrary to existing law. No point of order having been made against the paragraph, it comes before this House in the condition that a new amendment would come before the House that was offered that was subject to the point of order, and the point of order not having been made, it would be in order to offer a germane amendment. Now, in Hinds' Precedents, volume 4, paragraph 3823, the same proposition was before the House, and the Chair will ask the Clerk to read the paragraph. "The Clerk read as foUows: '"Hinds' Precedents, volume 4, paragraph 3823, page 553: "'A paragraph which proposes legislation in a general appropriation bill being permitted to remain, it may be perfected by a germane amendment. On December 21, 1896, the House, in Committee of the Whole House on the state of the Union, was considering the legislative, executive, and judi- cial appropriation bill, and the paragraph relating to the organization of the Library of Congress had been reached, when Mr. Frederick H. Gillett, of Massachusetts, offered this amendment: '"All the above appointments, except the librarian and two assistants, are to be made from lists of eligibles to be submitted by the Civil Service Commission, under their rules, who are hereby empowered to hold examina- tions for all the above positions.' "Mr. William A. Stone, of Pennsylvania, made the point of order that the amendment changed existing law. "After debate, the Chairman ruled: '"This bill when reported to the House contained, in the paragraph re- lating to the Library of Congress, that which is manifestly on its face new legislation. This would have been subject to a point of order under the provisions of Kule XXI, section 2. No such point of order was made, and [359] RULES OF THE HOUSE OP EEPRESENTATIVES. § S25. Rule XXI. the bill therefore was sent by the House to the Committee of the Whole foT consideration just as it was, reported and in its entirety. Under these cir- cumstances, as has been heretofore several times ruled, no point of order could be made in the committee against the paragraph on the ground that it contained new legislation. The committee, in other words, could not re- fuse to consider what the House had sent to it for consideration. But the right of consideration involves also the right of amendment — that is to say, the committee has the right to perfect as it may see fit the matter submitted to it. For these reasons the point of order is overruled.' * "The Chairman. Now, the proposition pending before the House is in the same position as if it were offered as an independent amendment that was subject to the point of order, but the point of order not being made, it is open to a germane amendment. The Chair for that reason overrules the point of order. And where a Senate amendment proposes legislation the same principle holds true (IV, 3836-3838, 3862). Although the rule forbids on any general appropriation bill a provision "changing existing law," which is construed to mean § 825. Limitations legislation generally, the House's practice has established on appropriation ° • , .i ^ , ■ i,,- ■,^- ,, , , • ^li]g_ the prmciple that certam limitations may be admit- ted. It being established that the House under its rules may decline to appropriate for a purpose authorized by law, so it may by limitation prohibit the use of the money for part of the purpose while appro- priating for the remainder of it (IV, 3936). The language of the limitation provides that no part of the appropriation under consideration shall be used for a certain designated purpose (IV, 3917-3926). And this designated pur- pose may reach the question of qualifications, for while it is not in order to legislate as to the qualifications of the recipients of an appropriation the House may specify that no part of the appropriation shall go to recipients lacking certain qualifications (IV, 3942-3952). The limitation may also withhold the money from a part of a designated purpose while appropriating for the remainder of it (V, 3936). The limitation must apply solely to the money of the appropriation under consideration and may not be made applicable to money appropriated m other acts (IV, 3927, 3928). The limi- tation may not be applied directly to the official functions of executive offi- cers (IV, 3957-3966), but it may restrict executive discretion so far as this may be done by a simple negative on the use of the appropriation (IV, 3968-3972), which does not give affirmative directions (IV, 3854-3859, 3975). The fact that a provision would constitute legislation for only a year does not make it a limitation in order under the rule (IV, 3936) . Nor may a proposi- tion to construe a law be admitted (IV, 3936-3938). Care should also be taken that the language of limitation be not such as, when fairly construed, would change existing law (IV, 3976-3983) or justify an executive officer in • assuming an intent to change existing law (IV, 3984). [360] RULES OP THE HOUSE OF REPRESENTATIVES. Kule XXI. 1 825. "hoIiMan rule," retrenching expenditure. Amendment in order providing new legislation. Decisions thereunder. Question being on the passage of the District of Columbia appropriation bill, a motion to recommit with instructions to reduce the proportion of the fund appropriated from the Public Treasury from one-half, as provided in the bill, to one-fourth of the entire appropriation is in order, since the effect of the amendment if adopted would reduce the expenditure of public money although not reducing the amount of the appropriation. (Journal, 1, 52, pp. 86-87.) An amendment to the pension appropriation bill tending to increase the class of persons prohibited from the benefits of the pension laws is in order, because its effect would be to reduce expenditures. (Cong. Record, 1, 52, p. 1792.) An amendment to the pension appropriation bill providing that no fee shall be paid to a member of an examining board for services in which he did not actually participate is not subject to a point of order under this rule, since, while changing existing law, its effect is to reduce expenditures by decreasing compensation. (Cong. Record, 1, 52, p. 1792.) The following provision in the Army appropriation bill, namely, "That hereafter no money appropriated for Army transportation shall be used in payment for the transportation of troops and supplies of the Army" over certain Unee of railroad which are indebted to the Government, was held subject to the point of order under this rule. (Cong. Record, 1, 52, p. 2282.) The decision in full is as follows: "The point of order made by the gentleman from Texas [Mr. Crain] is against the second proviso on page 16 of the bill, which declares: ' ' ' That hereafter no money appropriated for Army transportation shall be used in payment of the transportation of troops and supplies of the Army over any of the nonbonded lines owned, controlled, or operated by the Union Pacific Railway Company (including the lines of the Oregon Short Line and Utah Northern Railway Company), or by the Southern Pacific Company over lines embraced in its Pacific system.' "Under the view taken by the Chair the relations between the Govern- ment and these tailroad companies, as determined by the Supreme Court, or otherwise, can not affect the decision of this point of order. "The gentleman from Indiana [Mr. Holman] contends that this proposed new legislation is in order in an appropriation bill under the proviso of the second section of Rule XXI, which says: " 'It shall be in order further to amend such bill upon the report of the committee having jurisdiction of the^ubject matter of such amendment, which amendment being germane to the subject matter of the bill shall retrench expenditures. ' 69373°— 12 24 [361] RULES OF THE HOUSE OF REPRESENTATIVES. J 825. Rule XXI. "The Chair is of opinion that a motion of that kind should come officially from the committee having jxirisdiction, and can not be brought before the Committee of the Whole House on the state of the Union as an Integral part Df an appropriation bill reported by the regular Committee on Appro- priations. "The question then arises, is this proviso in ordei; under the previous par- igraph of section 2, which allows legislation on appropriation bills changing sxisting law in three cases, first, such as, being germane to the subject naatter of the bill, retrench expenditures by the reduction of the number and salary of the officers of the United States. "It is admitted that this provision does not apply, nor, on the other hand, ioes this proviso 'reduce the compensation of persons paid out of the Treas- ary of the United States,' as contemplated in the second case, but the point is made with considerable force — and upon that point the Chair confesses iat his mind is not as clear as he would like it to be — that this is legislation :oming under the third exception, in that it reduces the amount of money Mvered by the bill. "If it is such a provision, it is in order, and it is asserted by the chairman )f the committee that that would be, the effect of the provision. But the Dhair is inclined to the opinion that such effect should not be inferred by yay of argument, but should appear from the face of the bill itself. Now ;he Chair has no doubt that the committee, acting under the rules, in making m appropriation, can so limit that appropriation as to direct who shall and Nho shall not be its beneficiaries; that in making appropriations for the ransportation of the Army for the next fiscal year it can fail or refuse to nake appropriations for its transportation over the particular lines men- ioned in the bill; just as it might fail or refuse, in its judgment, to make uppropriations for the transportation of the Artillery, or of the Cavalry, or )f the Infantry branch of the service. "But on examining the proviso in the bill the Chair finds that it is some- hing more than a limitation upon the appropriation made in this appro-, sriation bill, for it proposes to make a permanent law, the language of the jroviso being: " 'Provided, That hereafter no money appropriated for Army transporta- ion shall be used in payment of transportation of troops and supplies.' "And because it proposes a permanent provision of law, and not a limita- ion upon a present appropriation, t|ie Chair feels constrained to sustain the joint of order." (Cong. Record, 1, 52, p. 2282.) A provision, in the sundry civil appropriation bill "that all articles mported for the use of the Lighthouse Establishment shall be admitted ^thout the payment of duty " is subject to the point of order that it changes • [362] EULES OF THE HOUSE OF REPRESENTATIVES. Rule XXI. § 825. law and is not within the exceptions mentioned in the rule. (Cong. Record, 1, 52, p. 4232. Hinds' Free, vol. 4, 3890.) An amendment to an appropriation bill fixing a minimum compensa- tion to an officer of the Government is subject to the point of order that it changes existing law without reducing expenditures. (Record, 1, 52, p. 4337.) An amendment proposed to an item for the recoinage of uncurrent frac- tional silver, which amendment struck out the amount appropriated and added a provision for the coinage of all the bullion in the Treasury into standard silver dollars, the cost of such coinage and recoinage to be paid out of the Government's seigniorage, was held not to be in order under the rule; first, because not germane to the subject matter of the bill (the sundry civil); second, because it did not appear that any retrenchment of expenditure would result, the seigniorage being the property of the Gov- ernment as other funds in the Treasury. (Record, 1, 52, p. 4439.) On appeal, this decision was sustained by a vote of 120 to 75. To an item of appropriation for inland transportation of mails by star routes an amendment was offered requiring the Postmaster General to provide routes and make contracts in certain cases, with the further pro- vision, "and the amount of appropriation herein for star routes is hereby reduced to $500." A point of order made against the first or legislative part of the amendment was sustained, which decision was, on appeal, affirmed by the committee. (Record, 1, 52, pp. 4959-4961.) To a clause appropriating for transportation of foreign mails an amend- ment providing that no further contract shall be entered into by the Post- master General under the act known as the "subsidy act" was held not in order because not directly retrenching expenditure in the manner pre- scribed in the rule. (Record, 1, 52, p. 5005.) To an item of appropriation for transportation of foreign mails, an amend- ment providing that "no money hereby appropriated," etc., shall be ex- pended in carrying out contracts hereafter made under the act known as the "subsidy act," was held to be in order under the rule. (Record, 1, 52, pp. 5003, 5004.) To a clause appropriating for the foreign mail service, an amendment reducing the appropriation, and in addition repealing the act known as the "subsidy act," was held not in order because the repealing of this act was not germane to the appropriation bill; and that to be in order both branches of the amendment must be germane to the bill. (Record, 1, 52, pp. 5005, 5038.) A provision in the agricultural appropriation bill transferring the super- vision of the importation of animals from the Treasury to the Department [363] EULES OP THE HOUSE OF EEPEESENTATIVES. § S25. Bule XXI. of Agriculture is out of order, being a provision changing law and not retrenching expenditure. (Record, 1, 52, p. 5167. Hinds' Prec, 4— 3886.) An amendment reducing the amount appropriated for railroad transpor- tation of mails, coupled with a proviso directing the Postmaster General to reduce 10 per cent the annual compensation for transportation of mails on railroads, was held to be in order as within the exceptions to the rule. (Becord, 1, 52, 4971-^974. Hinds' Free, 4—3891.) An amendment to an appropriation bill, providing that in the purchase of materials for public purposes preference should be given to domestic products, was held out of order as being a change of law and not a mere limitation of the expenditure of the fund appropriated. (Cong. Record, 2, 52, p. 1020.) An amendment was proposed reducing by one the number of clerks in a biu-eau provided for in the bill, coupled with a distinct provision repeal- ing part of an act, the effect of which repeal would dispense with the one clerk in such bureau. Held that so much of the amendment as provided for the repeal was subject to the point of order, its effect not being directly to reduce expenditures. (Cong. Record, 2, 52, p. 1392.) The reduction of expenditure must appear as a necessary result, in order to bring an amendment or provision within the exception to the rule. It is not sufficient that such reduction would probably, or would in the opinion of the Chair, result therefrom. (Cong. Record, 2, 52, p. 1691; ibid., p. 1765.) In an amendment providing that a certain class of persons, now on the pension rolls, shall hereafter not receive pensions, the retrenchment of expenditure is apparent, and the amendment is in order. (Ibid., p. 1708.) To an item appropriating "for free delivery service, 110,450,000," an amendment was submitted striking out that sum and inserting "$10,449,000, to be disbursed in such manner," etc. (the manner prescribed being a new provision of law) . It was held that the amendment was germane ; that while it changed existing law, it reduced the amount appropriated by the bill, and was therefore in order. (Record, 1, 52, pp. 4909, 4911.) Upon appeal, this decision was, after full debate, sustained by the Committee of the Whole. (Record, 1, 52, p. 4920.) To a bill making appropriations for. the Indian Service, an amendment transferring the management of Indian affairs from the Department of the Interior to the War Department, but providing no reduction of expendi- tures, was held to be germane as an amendment, but subject to the point of order, as being a change of law, and no retrenchment appearing as the result of the proposed change. (Speaker Kerr, Cong. Record, 1, 44, p. 2822. Hinds' Free, 4, 3885.) [364] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XXI. § gjg. To the pension appropriation bill, a proposed amendment transferring the Pension Bureau from the Department of the Interior to the War Depart- ment; also providing that the offices of Commissioner and Deputy Commis- sioner of Pensions be abolished, and that the duties of those offices be per- formed by Army officers, to be designated for that purpose, without addi- tional pay, was held to be in order, being germane and retrenching ex- penditures in the manner provided in the rule. (Cong. Record, 2, 52, p. 1690-1691, W. L. Wilson, chairman. ' Hinds' Prec, 4, 3887.) On post-office appropriation bill amendment striking out $9,500,000 for transportation of mails on railroad routes, and substituting " For transporta- tion on railroad routes $9,490,000, of which sum $150,000 may be used by the Postmaster General to maintain and secui'e from railroads necessary and special facilities for the postal service for the fiscal year ending June 30, 1888," held in order under rule, as it reduced appropriation. (Mr. Car- lisle, chairman. Hinds', vol. 4, 3892.) Amendments providing new legislation must be germane to some pro- vision of the bill and show on face reduction of expenditures. Ruling by Chairman Hughes, New Jersey, December 16, 1911, as follows: The Chair is ready to rule. The part of the rule upon which the gentle- man from Texas relies reads as follows: "Nor shall any provision in any such bill or amendment thereto changing existing law be in order except such as being germane to the subject matter of the bill shall retrench expenditures by the reduction of the number and salary of the officers of the United States, by the reduction of the compen- sation of any person paid out of the Treasury of the United States, or by the reduction of the amounts of money covered by the bUl." The Chair assumes that the gentleman relies upon the second classifica- tion. In the opinion of the Chair, however, amendments such as proposed by the gentleman from Texas [Mr. Gramer] must not only show on their face to be an attempt to reduce expenditures or to retrench, but must also be germane to some provision iii the bill. In the opinion of the Chair, this amendment, offered as it is, as a separate paragraph to the urgent deficiency bill, is not germane. Therefore, the Chair sustains the point of order. Under Holman rule, amendment changing existing law, under proviso of clause 2, rule 21, must be authorized by House committee having juris- diction of subject matter of legislation. (Chairman Garrett, Jan. 16, 1912, 2d sess., 62d Cong., p. 986. For ruling in full see sec. 944 of Digest.) Amendment in order, legislating upon an appropriation bill, if germane and reduces the amoimt appropriated by the bill. Chairman Johnson, of Kentucky, June 21, 1912, 62d Cong., 2d sess., p. 8420, ruled on amendment to strike out of sundry civil bill appropriation for enlarging the Capitol grounds, the amendment repealing the act authorizing the purchase. (For ruling in full see sec. 946 of Digest.) [365] RULES OF THE HOUSE OF REPRESENTATIVES . §§826,826A. Kule XXI. Under Holman rule, amendment reducing the number of Cavalry regiments from 15 to 10, is in order, for while the Chair can not fix the amount of the reduction, that a reduction will follow seems to be a fair and necessary conclusion. (Chairman Sanders, 62d Cong., 2d sess., p. 1903.) (For complete ruling see sec. 945 of Digest.) 3. No amendment shall be in order to any bill § 826. Revenue offecting revenuB which is not germane 1)111, amendments ^o the subject matter in the bill; nor shall any amendment to any item of such bill be in order which does not directly relate to the item to which the amendment is proposed. Adopted 1st session 62d Congress. Reciprocity bill, amendment admitting other enumerated goods from .Canada free of duty held germane. (Chairman Shirley, Apr. 21, 1911.) FREE LIST SILL. Proviso limiting admission from country imposing no tax on goods from United States, held not germane under clause 3 of Rule 21. (Chairman Alexander, 1st sess., 62d Cong., 1110, May 8, 1911.) For ruling in full see sec. 947 of Digest.) Admitting other articles free. Held not germane to subject matter in the bill. (Chairman Alexander, 1st sess., 62d Cong., 1015, May 8, 1911.) 4. No bill for the payment or adjudication of any .oo.. D ..„ private claim against the Government § 826A. Restriction '^ ° on the reference shall be referred, except by unanimous consent, to any other than the following- named committees, viz : To the Committee on Invalid Pensions, to the Committee on Pensions, to the Com- mittee on Claims, to the Committee on War Claims, to the Committee on the Public Lands, and to the Com- mittee on Accounts. This rule was adopted in 1885 to prevent the overburdening of commit- tee^ charged with the examination of public questions (IV, 4380). It does not apply to public bills, like a bill to establish a commission to settle claims against the Government (IV, 4881). [366] ETILES OF THE HOUSE OF REPRESENTATIVES. Rule XXII. §§ 82J-8-2!). Rule XXII. OF PETITIONS, MEMORIALS, BILLS, AND RESOLUTIONS. 1. Members having petitions or memorials or biUs § 827. intTodnctton of a private nature to present may ^ttttons7remoriais, deliver them to the Clerk, indorsing and private bills, their names and the reference or dispo- sition to be made thereof; and said petitions and memorials and bills of a private, nature, except such as, in the judgment of the Speaker, are of an obscene or insulting character, shall be entered on the Journal, with the names of the Members presenting them, and the Clerk shall furnish a transcript of such entry to the official reporters of debates for publication in the Record. At the first organization of the House in 1789 the rules then adopted pro- vided for the presentation of petitions to the House by the Speaker and Members, and for the introduction of bills by motion for leave. In 1842 it was found necessary, in order to save time, to provide that petitions and memorials should be filed with the Clerk. In 1870, 1879, and 1887 the prac- tice as to petitions was extended to private bills, at .first as to certain classes and later so that all should be filed with the Clerk (IV, 3312, 3365). Petitions, memorials, and other papers addressed to the House may be _ presented by the Speaker as well as by a Member (IV, Speaker and 3312) . Petitions from the country at large are presented Members In by the Speaker in the manner prescribed by the rule presenting (m^ 2030 ; IV, 3318) . A Member may present a petition petitions. ^^^j^ people of a State other than his own (IV, 3315, 3316). The House itself may refer one portion of a petition to one com- mittee and another portion to another committee (IV, 3359, 3360), but ordi- narily the reference of a petition does not come biefore the House itself. A committee may receive a petition only through the House (IV, 4557) . While the parliamentary law provides that the House may commit a portion of a bill, or a part to one committee and part to l.^!®; '^^*^... another (V, 5558), yet under the practice of the House division of bills , ... \ '. , , .. ,\_ j- -j j ,- r for reference. ^ ""■'^ °'' joi^i'' resolution may not be divided for refer- ence, although it may contain matters properly within the jurisdiction of several committees (IV, 4372, 4376). [367] EULES OF THE HOUSE OF REPRESENTATIVES. §§ 830-882. ^"1* XXII. § 830 Fraudnlent ^^^ fraudulent introduction of a bill involves a ques- introdnction of tion of privilege, and a bill so introduced was ordered a bill. stricken from the files (IV, 3388). 2. Any petition or memorial or private bill excluded .„„, , „ under this rule shall be returned to § 831. Correction of errors in the Member from whom it was received ; reference; and , , . • i^ i -n i • i relation to aud petitions aud private bills which jnrisdiction. ^^^^ ^^^^ inappropriately referred may, by the direction of the committee having possession of the same, be properly referred in the manner originally presented; and an erroneous reference of a petition or private bill under this clause shall not confer jurisdiction upon the committee to consider or report the same. This rule was first adopted in 1880, although the portion relating to the return of certain petitions and bills was adapted from an older rule of 1842 (IV, 3312, 3365). Errors in reference of petitions, memorials, or private bills are corrected at the Clerk's table, without action by the House, at the suggestion of the committee holding possession (IV, 4379). As provided in the rule, the erroneous reference of a private House bill does not confer jurisdic- tion, and a point of order is good when the bill comes up for consideration either in the House or in Committee of the Whole (IV, 4382-4389). But in cases wherein the House itself refers a private House or Senate bill a point of order may not be raised as to jiuisdiction (IV, 4390, 4391). 3. All other bills, memorials, and resolutions may, § 832. Introduction, iu like manner, be delivered, indorsed chmgrof reference with the uames of Members introducing :?nCais"lnd ^^em, to the Speaker, to be by him re- resointions. ferrcd, aud the titles and references thereof and of all bills, resolutions, and documents referred under the rules shall be entered on the Journal [368] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XXII. §§ 888,834. and printed in the Record of the next day, and cor- rection in case of error of reference may be made by the House, without debate, in accordance with Rule XI, on any day immediately after the reading of the Journal, by unanimous consent, or on motion of a committee claiming jurisdiction, or on the report of the committee to which the bill has been erroneously referred. The rule of 1789 provided that all bills should be introduced on report of a committee or by motion for leave. By various modifications it was first provided that all classes of private bills should be introduced by filing them with the Clerk, and in 1890 this system was by this rule extended to all public bills (IV, 3365). According to the later practice the erroneous reference of a public bill, if it remain uncorrected, in effect gives jurisdiction to the committee receiving it (IV, 4365-4371). Two or more Members can not jointly intro- duce a bill or resolution under this Rule. Special Committee, 60th Cong., 2d sess., reported against practice, and report adopted by House. 4. When a bill, resolution, or memorial is intro- §888. introdncuon duced "by request," these words shall !lm"moriai'fby°°'' ^® entered upon the Journal and printed request. in the Record. This rule was adopted in 1888 (IV, 3366). 5. All resolutions of inquiry addressed to the heads S884. Resolutions of Executlve Departments shall be re- of inquiry, ported to the House within one week after presentation. The House has exercised the right, from its earliest days, to call on the President and heads of departments for information. The first rule on the subject was adopted in 1820 for the purpose of securing greater care and deliberation in the making of requests. The present form of rule, in its essential features, dates from 1879 (III, 1856). [369] EULES OF THE HOUSE OF REPRESENTATIVES. §§ 835-837. Kule XXII. Resolutions of inquiry are usually simple rather than concurrent in form §835. Forms of (111,1875), and are never joint resolutions (III, 1860). resolntlons of A resolution authorizing a committee to request inf orma- Inqulry and tion has been treated as a resolution of inquiry (III, delivery thereof. I860). It has been considered proper to use the word "request" in asking for information from the President and "direct" in addressing the heads of departments (III, 1856, footnote, 1895). It is usual for the House in calling on the President for information, especially with relation to foreign affairs, to use the qualifying clause "if not incompatible with the public interest" (II, 1547; III, 1896-1901; V, 5759). But in some instances the House has made its inquiries of the President without con- dition, and has even mffde the inquiry imperative (III, 1896-1901). Reso- lutions of inquiry are delivered under direction of the Clerk (III, 1879) and are answered by subordinate officers of the Government either directly or through the President (III, 1908-1910). The practice of the House gives to resolutions of inquiry a privileged • status. Thus, they are privileged for report and § 836. Privileged consideration at any time after their reference to a status of resolntlons . ,^ .__.r -■ oV„^s ■< ^ ^ i c /ttt -, oc»s of Inquiry. committee (III, 1870), but not before (III, 1857). And only resolutions addressed to the President and the heads of the executive departments have the privilege (III, 1861- 1864). To enjoy the privilege a resolution should call for facts rather than opinions, should not require investigations (III, 1872-1874), and should not present a preamble (III, 1877, 1878). Questions of privilege (as distinguished from privileged questions) have sometimes arisen in cases wherein the head of a department has declined to respond to an inquiry and the House has desired to demand a further answer (III, 1891); but a demand for a more complete reply (III, 1892) or a proposition to investigate as to whether or not there has been a failure or refusal to re- spond may not be presented as involving the privileges of the House (III, 1893). Coinmittees are required to report resolutions of inquiry back to the House within one week of the reference, and this § 837. Discharge of peek's time is construed to be seven days, exclusive a committee from a , . , , „ , ■, ,ttt resolution of Inquiry, o* either the first or last day (III, 1858, 1859). If a committee refuses or neglects to report the resolution back, the House may reach the resolution only by a motion to discharge the committee (III, 1865). The ordinary motion to discharge a committee is not privileged; but the practice of the House has given privilege to the motion in cases of resolutions of inquiry (III, 1866-1870). And this motion to discharge is privileged at the end of the week, even though the resolution may have been delayed in reaching the committee (III, [370] RULES OF THE HOUSE OF REPRESENTATIVES. Itiile XXIII. 5g 838-840. 1871). Discharge calendar. The motion to discharge is not debatable (III, 1868). The President having failed to respond to a resolution of inquiry, the House respectfully reminded him of the fact (III, 1890). mn^ZTBilZ"^ ^"^ ^'^^^ ^^ H°"^e declared that its constitutional to the Execntlre. requests of the Executive for information need not be accompanied by a statement of purp'oses (II, 1509). As to the kind of information which may be required, especially as to the papers that may be demanded, there has been much discussion (III, 1700, 1738, 1888, 1902, 1903). There have been several conflicts with the Execu- tive (II, 1534, 1561; III, 1884, 1885-1389, 1894) over demands for papers and information, especially when the resolutions have called for papers relating to foreign affairs (II, 1509-1513, 1518, 1519). Rule XXIII. OF COMMITTEES OF THE WHOLE HOUSE. 1. In all cases, in forming a Committee of the § 889. Selection Whole House, the Speaker shall leave of Chairman of i • i • fx ■ j ■ <^i Committee of the his chair alter appointing a Chairman to Tower 'to"rese*?.e Preside, who shall, in case of disturbance »'■''«'• or disorderly conduct in the galleries or lobby, have power to cause the same to be cleared. This rule, adopted in 1880, was made from two older rules dating from 1789 and modified in 1794 to provide for the appointment of the Chair- man instead of the inconvenient method of election by the committee (IV, 4704). The Sergeant-at-Arms attends the sittings of the Committee of the Whole 5 840. Fnnctlons of ^^^' i^der direction of the Chairman, maintains order the Chairman of the (I, 257). In rare cases wherein the Chairman has been Committee of the defied or insulted he has directed the committee to rise, ^™'''** left the chair and, on the chair being taken by the Speaker, has reported the facts to the House (II, 1350, 1651, 1653). While the Committee of the Whole does not control the Congressional Record, the Chairman may direct the exclusion of disorderly words spoken by a Member after he has been called to order (V, 6987), but may not determine the privileges of a Member under general "leave to print" (V, 6988). The Chairman decides questions of order arising in the committee independ- [371] RULES OF THE HOUSE OF REPRESENT ATIVES. § 841. Rule XXIII. ently of the Speaker (V, 6927, 6928), but has declined to consider a ques- tion arising in the House just before the committee began to sit (IV, 4725, 4726). He recognizes for debate (V, 5003); but like the Speaker is forbid- den to recognize for requests to suspend the rule of admission to the floor (V, 7285). He may direct the committee to rise when the hour previously fixed for adjournment of the House arrives, in which case he reports in the regular way (IV, 4785); but if the committee happens to be in session at the hour fixed for the meeting of the House on a new legislative day, it rests with the committee and not with the Chairman to determine whether or not the committee shall rise (V, 6736, 6737). 2. Whenever a Committee of the Whole House or 1 841. Failure of a ^^ ^^® Whole House on the state of the quorum in Com. Unioii finds itself without a quorum, mlttee of the Whole. ^ ' which shall consist of one hundred Mem- bers, the Chairman shall cause the roll to be called, and thereupon the committee shall rise, and the Chair- man shall report the names of the absentees to the House, which shall be entered on the Journal; but if on such call a quorum shall appear, the committee shall thereupon resume its sitting without further order of the House. It was the early practice for the Committee of the Whole to rise on finding itself without a quorum (IV, 2977), and it was not until 1847 that a rule was adopted. In 1880 the rule was put in its present form, except for the pro- vision making the quorum one hundred instead of the quorum of the House itself, which was a'dopted in 1890 (IV, 2966). On the failure of the quorum the roll is called but once (IV, 2967). Ordi- narily when the roll has been called and the committee has risen, it resumes its session by direction of the Speaker on the appearance of a quorum (IV, 2968). The quorum which must appear to enable the Speaker to direct the committee to resume its sitting is a quorum of the committee and not of the House (IV, 2970, 2971). After the committee has risen and reported its roll call a motion to adjourn is in order before direction as to resumption of the session (IV, 2969); and the failure of a quorum of the House to answer on this roll call does not interfere with the authority of the Speaker to direct the committee to resume its session (IV, [372] RULES or THE HOUSE OF REPRESENTATIVES. Kule XXIII. §§ 812-814. The presence of a quorum is not necessary for a motion that the Com- §842. Rising and Diittee of the Whole rise (IV, 2975, 29.76, 4914); but reports of Com- when the committee rises vrithout a quorum, it may mlttee of the Whole not report the bills it has acted on (IV, 2972, 2973), as related to and such bills as have been laid aside to be reported qnomm. remain in the committee until the next occasion, when the committee rises without question as to a quorum (IV, 4913). The fact that the vote whereby the committee rises does not show a quorum (IV, 4914) or that a point of no quorum has been made without an ascertain- ment thereof (IV, 2974), does not prevent a report of the bills already acted on. The passage of a bill by the House is not invalidated by the fact that the Committee of the T\Tiole reported it on an erroneous supposi- tion that a record vote had disclosed a quorum (IV, 2972). 3. All motions or propositions involving a tax or § 848. snbjects charge upon the people; all proceedings ZTcoSr" touching appropriations of money, or of the Whole. bj^g making appropriations of money or property, or requiring such appropriation to be made, or authorizing payments out of appropria- tions already made, or releasing any liability to the United States for money or property, or referring any claim to the Court of Claims, shall be first con- sidered in a«Committee of the Whole, and a point of order under this rule shall be good at any time before the consideration of a bill has commenced. The first form of this rule was adopted in 1794, and it has been perfected by amendments in 1874 and 1896 (IV, 4792). To require consideration in Committee of the Whole, a bill must show on its face that it falls within the requirements of the L^'mCqumng "lie (IV, 4811-4817), but where the expenditure is a consideration In mere matter of speculation (IV, 4818^821), or where Committee of the the bill might involve a charge, but does not necessarily Whole. ^g go (IV, 4809, 4810), the rule does not apply. Reso- lution reported by Committee on Accounts appropriating from contingent fund of the House considered in the House. (Speaker Clark, Apr. 25, 1911, 1st, 62d Cong., 521.) Appropriations from contingent by other com- mittees than Accounts considered in Committee of the Whole on the state of the Union. (Speaker Clark, Aug. 15, 1911, 62, 1st, p. 4128.) A biU [373] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 815,846. Bnle XXIII. providing fo r an expenditure which is to be borne otherwise than by the Government (,1V, 4831), or relating to money in the Treasiiry in trust (IV, 4835, 4836, 4853), is not governed by the rule. But where a bill sets in motion a train of circumstances destined ultimately to involve certain expenditures, it must be considered in Cqmmittee of the Whole (IV, 4827). To require consideration in Committee of the Whole, the bill must show on its face that it falls within the rule ; but where the expenditure is a mere matter of speculation the rule does not apply. (Speaker Clark, Dec. 14, 1911, 62d Cong., 2d sess., p. 376.) The requirements of the rule apply to amendments as well as to bills (IV, 4793, 4794), and also to any portion of a bUl requiring an appropriation, even though it be merely incidental to the bill's main purpose (IV, 4825). Under the later practice general (as well as private and special) bills providing for the adjudication and pajonent of claims are held to be within the requirements of the rule (IV, 4856-4859). The House may consider in Committee of the Whole subjects not specified § 845. Subjects not ^ ^^^ ™1^ 0^' 4822), but this was more frequent in the requiring consldera- earlier practice than has been in the later (III, 1984, tlon In Committee of 2415). While conference reports were formerly con- the Whole. sidered in Committee of the Whole, they may not be sent there on the suggestion of the point of order that they contain matter ordinarily requiring consideration therein (V, 6559-6561). When a bill is made a special order (IV, 3217-3224), or when unanimous consent is given for its consideration (IV, 4823), the effect is to discharge the Committee of the Whole and bring the bill before the House itself for its consideration (IV, 3216). When a bill once considered in Committee of the Whole is recommitted, it is not, when a^in reported, necessarily sujjject to the point of order that it must be considered in Committee of the Whole (IV, 4828, 4829; V, 5545, 5546, 5591). Authorizations of expenditures from the con- tingent fund, under the later rulings (IV, 4862-4867), and reports from the Committee on Printing relating to printing for the use of the two Houses, do not fall within the specifications of the rule (IV, 4868). Provisions placing liability jointly on the United States and the District § 846. General prac- °^ Columbia (IV, 4833), granting an easement on public tice as to consldera- lands or in streets belonging to the United States (IV, tlon In Committee of 4840-4842), dedicating public land to be forever used the Whole. 3^ ^ p^^jjjp pgj.j^ ^jy^ ^gg^^ ^ggg^^ confirming grants of public lands (IV, 4843) and creating new offices (IV, 4824, 4846), have been held to require consideration in Committee of the Whole. Indian lands have not been considered "property " of the Government within the mean- ing of the rule (IV, 4844, 4845). And while a bill removing the rate of post- age has been held to be within the rule as "involving a tax or charge" (IV, 4861), taxes on bank circulation have not been so considered (IV, 4854, 4855). [374] JIULES OF THE HOUSE OF REPRESENTATIVES. Kule XXIII. §§ 817,848. 4. In Committees of the Whole House business on their calendars may be taken up in reg- § 847. Order of . i , i boBlness in Com- UW Order, Or m such order as the com- mittee of tbeWbole. ... 1 , . , J^l 1 '11 mittee may determme, unless the bill to be considered was determined by the House at the time of going into committee, but bills for raising revenue, general appropriation bUls, and bills for the improvement of rivers and harbors shall have pre- cedence. ^ This rule applies to the two cominittees of the whole which have been established by the practice of the House (IV, 4705), the Committee of the Whole House on the state of the Union, which considers public bills, and the Committee of the Whole House, which considers private business (IV, 3115). The early practice left the order of taking up bills to be deter- mined entirely by the committee, but in 1844 the House began by rule to regulate the order, and in 1880 adopted the present rule (IV, 4729). The latter portion of the rule is rarely used, since the ordinary practice is to consider general appropriation bills under section 9 of Rule XVI, which gives privil^e to motions to go into committee to consider a designated bill of this class (IV, 3072). The power of the committee to determine the order of considering bills on its calendar is construed to authorize a motion to establish an order (IV, 4730) or a motion to take up a specified bill out of its order (IV, 4731, 4732). Except in cases wherein the rules make specific provisions therefor a motion is not in order in the House to fix the order in which business on the calendars of the Committee of the Whole shall be taken up (FV, 4733). The Conmiittee of the Whole having voted to consider a particular bill, and consideration having begun, a motion to reconsider or change that vote is not in order (IV, 4765). When there is unfinishM business in Committee of the Whole, it is usually first in order (IV, 4735). 5. When general debate is closed by order of the § 848. General House, any Member shall be allowed ^TZXT' five minutes to explain any amendment flve-minnte mie In j^g j^g^y Qffgj. after wMch the Mcmbcr Committee of the •' n t • t n Whole. who shall first obtam the floor shall be allowed to speak five minutes in opposition to it, and [375] RULES OF THE HOUSE OF REPRESENTATIVES. § 849. Bule XXIII. there shall be no further debate thereon, but the same privilege of debate shall be allowed in favor of and against any amendment that may be offered to an amendment; and neither an amendment nor an amendment to an amendment shall be withdrawn by the mover thereof unless by the unanimous consent of the committee. A rule of 1789 provided that bills should be read and debated in Com- mittee of the Whole and in the House by clauses. Although that rule has disappeared, the practice continues in Committee of the Whole, although not in the House. Originally there was unlimited debate in Committee if the Whole both as to the bill generally and also as to any amendment; but in 1841 the rule that no Member should speak more than an hour was applied both to the Committee of the Whole and the House. At the same time another rule was adopted to prevent indefinite prolongation of debate in Committee of the Whole by permitting the House by majority vote to order the discharge of the Committee of the Whole from the consideration of a bill after pending amendment^ and any other amendments should be voted on without debate. The effect of this was to empower the House to close general debate at any time after it had actually begun in the com- mittee; and thereby to require amendments to be voted on without debate. In 1847 a rule provided that any Member proposing an amendment should have five minutes in which to explain it, and in ]850 an amendment to the rule permitted also five minutes in opposition and guarded against abuse by forbidding the withdrawal of an amendment when once offered (V, 5221). The motion to close general debate in Committee of the Whole, successor § 849. Motion to in the practice to the motion to discharge provided by closD general debate the rule of 1841, is made in the House pendipg the mor""*"* "" '"* ™°ti°ii *li^t *h« House resolve itself into committee, and not after the House has voted to go into committee (V, 5208); and though not debatable, the previous question is sometimes ordered on it to prevent amendment (V, 5203). Previous question ordered on motion to close debate; 40 minutes debate rule does not apply, but no debate can be had. (Speaker Clark, Jan. 27, 1912, 62d Cong., 2d sess., p. 1407). General debate must have already begun in Committee of the Whole before the motion to limit it is in order in the House (V, 5204-6206). The motion may not apply to a series of bills (V, [376] RULES OF THE HOUSE OF REPRESENTATIVES. Bole XXIII. §§ 850,851. 5209), but may apply to the whole or a particular portion of a message of the President (V, 5218); and it must apply to the whole and not to a part of a bill (V, 5207). A proposition for a division of time may not be made as a part of it (V, 5210, 5211). The motion may not be made in Committee of the Whole (V, 5217); but in absence of an order by the House the Committee of the Whole may by unanimous consent determine as to general debate (V, 5232). Where the House has fixed the time the committee may not, even by imanimous consent, extend it (V, 5212-5216). The general debate must close before amendments may be offered (IV, 4744; V, 5221); and it is closed by the fact that no Member desires to participate further (IV, 4745). Motions for disposition of the bill are not in order before general debate is closed (IV, 4778). The reading of the bill for amendment is not specifically required by the 5 850. Beading present form of the rule; but is done imder a practice and amendment which was originally instituted by the rule of 1789 and nnder the Ave- has continued, • although that rule was eliminated, minute rule. undoubtedly by inadvertence, in the codification of 1880 (V, 5221). Revenue and general appropriation bills are read by para- graphs; other bills by sections (IV, 4739, 4740). A Senate amendment, however, is read in entirety, and not by either paragraphs or sections (V, 6194). When a paragraph or section has been passed it is not in order to return thereto (IV, 4742, 4743) except by unanimous consent (IV, 4746, 4747) or when, the re'ading of the bill being concluded and a motion to rise being decided in the negative, the committee on motion votes to return (IV, 4748). But the chairman may direct a return to a section whereon, by error, no action was had on a pending amendment (IV, 4750). Points of order against a paragraph should be made before the nex't paragraph is read (V, 6931). The paragraph or section having been read, and an amendment offered, the right to explain or oppose that amendment has precedence of a motion to amend it (IV, 4751). In this debate recognitions are governed by the conditions of the pending question rather than by the general rela- tions of majority and minority (V, 5223). The Member recognized may not yield time (V, 5035-5037) and must confine himself to the subject (V, 5240-5256). The pro forma amendment to "strike out the last word" has long been s 851 Pro forma i^ed for purposes of debate or explanation where an amendments actual amendment is not contemplated (V, 5778); but under the five- a Member who has occupied five minutes on a pro minute rule. forma amendment may not lengthen this time by mak- ing another pro forma amendment (V, 5222). 69373°— 12- [377] KULES OF THE HOUSE OF REPRESENTATIVES. §§ 852,853. Rule XXIII. 6. The committee may, by the vote of a majority §852. Closing the ^^ ^^6 members present, at any time nve-minute after the five minutes' debate has be- Committee of the gun upon proposeci amendments to ^™°'*" any section or paragraph of a bill, close all debate upon such section or paragraph or, at its election, upon the pending amendments only (which motion shall be decided without debate); but this shall not preclude further amendment, to be decided without debate. This rule was adopted in 1860, with amendment in 1880 and 1885 (V, 5221, 5224). The motion to close debate is not in order until such debate has begun (V, 5225), which means after one speech of five minutes (V, 5226). The House, as well as the Committee of the Whole, may close the five-minute debate after it has begun (V, 5229, 5231), but rarely exercises this right. The motion to close debate, while not debatable, may be amended (V, 5227). The closing of debate on the last section of a bill does not preclude debate on a substitute for the whole text (V, 5228). The motion may be ruled out when dilatory (V, 5734). 7. A motion to strike out the enacting words of a § 85S. The motion bill shall have precedence of a motion rnaXrord?:^ to amend, and, if carried, shall be con- """lu- sidered equivalent to its rejection. Whenever a bill is reported from a Committee of the Whole with an adverse recommendation and such recommendation is disagreed to by the House, the bill shall stand recommitted to the said committee with- out further action by the House, but before the ques- tion of concurrence is submitted it is in order to entertain a motion to refer the bill to any committee, with or without instructions, and when the same is [378] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XXIII. §§ 851,855. again reported to the House it shall be referred to the Committee of the Whole without debate. .The practice of rejecting a bill by striking out the enacting words dates from a time as early as 1812, but the first rule on the subject was not adopted until 1822. By amendments in 1860, 1870, and 1880 the rule has been brought into its present form (V, 5326). The rule before 1880 applied in the House as well as in Committee of the Whole. In the revision of 1880 for the first time it was classified among the rules relating to the Committee of the Whole, but there is nothing to indicate that this change was intended to limit the scope of the motion. It was probably a recognition merely of the fact that the 'motion was used moat frequently in Committee of the Whole (V, 5326, 5332). The motion may not be made until the first section of the bill has been read (V, 5327). Having precedence of a motion to § 854. Practice as ). ' i. m j v,m j ,. ■ j to nse of the amend, it may be offered while an amendment is pend- motlon to strike ing (V, 5328-5331). After the reading of a bill has been out the enacting concluded the motion to strike out the enacting words "'*"^*- is not in order (IV, 4782). And where a special order provided that a bill should be open J;o amendment in Committee of the Whole, a motion to strike out the enacting words was held out of order (IV, 3215). The motion is debatable as to the merits of the^bill, but may not go beyond its provisions (V, 5336). The debate on the motion is, in Committee of the Whole, governed by the five-minute rule (V, 5333-5335). A point of order against the motion should be made before debate has begun (V, 6902). When a bill is reported from the Committee of the Whole with the recommendation that the enacting words be stricken out, the mo- tion to strike out is debatable (V, 5337-5340), but a motion to lay on the table is not in order (V, 5337). The previous question may be moved on the motion to concur without applying to further action on the bill (V, 5342). When the House disagrees to the action of the committee in striking out the enacting words and does not refer it under the provisions of the rule, it goes back to the Committee of the Whole, where it becomes unfinished business (V, 5326, 5345, 5346). When the words of a bill are stricken out the bill is rejected (V, 5326), and the Senate is so informed (IV, 3423). 8. The rules of proceeding in the House shall be § 855. Application observed in Committees of the Whole ofmlesofthe ^^ . , . tit Honse to the Housc SO far as they may be applicable. Committee of the „, . , ..,.,. ,»„„ ,TTr .-r.»x nr^ole. This rule was adopted m 1789 (IV, 4737). [379] KtTLES OF THE HOUSE OF REPRESENTATIVES. §§ 856,857 B»'» ^^XIV. Rule XXIV. ORDER OF BUSINESS. 1. The daily order of business shall be as follows: 5 85«.Thert.ie Flrst. Prayer by the Chaplain, for the order of Second, Reading and approval of the business In tbe " House. • Journal. Third. Correction of reference of public bills. Fourth. Disposal of business on the Speaker's table. Fifth. Unfinished business. Sixth. The morning hour for the consideration of bills called up by committees. Seventh. Motions to go into Committee of the Whole House on the state of the Union. Eighth. Orders of the day. Originally the House had no rule prescribing an order of business, but cer- tain simple usages were gradually established by practice before the first rule on the subject was adopted in 1811. The rule was am'ended frequently in an endeavor so to arrange the business as to give the House as lai^e a free- dom as possible in selecting for consideration and completing the consider- ation of the bills which it deems of the most importance. The present form was finally perfected in 1890 (IV, 3056). This rule does not, however, bind the House to a daily routine, since the Pri u e d system of making certain important subjects privileged Interraptlons of (»«« Rules XI, § 56; XVI, § 9; XXVIII) permits the the order of interruption of the order of business by matters which, business In the in, fact, often supplant it entirely for days at a time. ''°°*®" But on any day, when the order of business is inter- rupted by a privileged matter, the business in order goes on from the plape of interruption (IV, 3070, 3071) tmless the House adjourn. After an adjourn- ment the House begins again at the beginning. While privileged matters may interrupt the order of business, they may do so only with the consent [880] BULES OF THE HOUSE OF REPRESENTATIVES. Kule XXIV. § 858. of a majority of the House, expressed as to appropriation bills by the vote on going iijto Committee of the Whole to consider such bills, and as to matters like conference reportB, questions of privilege, etc., by raising and voting on the question of consideration. The only exception to the prhi- ciple that a majority may prevent interruption is contained in Rule XXIV, paragraph 7, providing for a call of committees on Wednesdays. By this combination of an order of business with privileged interruptions the House is enabled to give precedence to its most important business without at the same time losing the power by majority vote to go to any other bills on its calendars. The privileged matters which may interrupt the order of business are, in 5 868 The their order of frequency, as follows: privileged matters (1) General appropriation and revenue bills (Rule which may XVI, § 9; IV, 3072). taterropt the order (2) Conference reports (Rule XXVIII, § 1; V, 6443). (3) Special orders reported by the Committee on Rules for consideration by the House (Rule XI, § 56; IV, 3070-3076, 4621). (4) Consideration of amendments between the Houses after disagreement (IV, 3149, 3150). (5) Questions of privilege (Rule IX; III, 2521). (6) Privileged bills reported under the right to report at any time (Rule X, § 56; IV, 3142-3144, 4621). (7) Call of committees on Wednesdays for bills on House and Union cal- endars (Rule XXIV, par. 7). (8) Private business on Fridays (Rule XXIV, § 6; IV, 3266, 3267). (9) District of Columbia business on the second and fourth Mondays of the month (Rule XXIV, par. 8; IV, 3304). (10) Motions on the first and third Mondays of the month to take up bills by unanimous consent (Rule XIII, § 3), to consider motions to discbarge committees from consideration of public bills and joints resolutions (Rule XXVII, § 4), and to suspend the rules and pass bills out of order (Rule XXVII, § 1; V, 6790). (11) Bills coming over from a previous day with the previous question ordered (V, 5510-5517). (12) Bills returned with the objections of the President (IV, 3534-3536). In addition to these matters, the House by practice permits its order of business to be interrupted, at the discretion of the Speaker, for the recep- tkm. of messages (V, 6602). Requests of Members for leaves of absence are in practice put before the House at the time of adjournment (IV, 3151). [381] RULES OF THE HOUSE OF REPRESENTATIVES. §§859,860. KuleXXIV. When the House has no rule establishing an order of business, as at the beginning of a session before the adoption of rules, it is tat**' a f ™ order for any Member who is recognized by the Chair the order of to offer a proposition without asking consent of the business by the House (IV, 3060) . But after the adoption of the rule for request for jjjg order of business, interruptions are confined to mat- consent""^ ters privileged to interrupt or to cases wherein the House gives unanimous consent for an interruption. A request for unanimous consent to consider a bill is in effect a request to sus- pend the order of business temporarily (IV, 3059). Therefore any Member, and the Speaker is, of course, included, may object, or demand the "regular order" (IV, 3058). The Speaker, however, usually signifies his objection by declining to put the request of the Member, thus saving the time of the House. The request for unanimous consent began to be used about 1832 when the House first felt a pressure of business and the necessity of adhering to a fixed order (IV, 3155-3159). By Rule XIII, section 3, a unanimous consent calendar has been established, limiting the functions of the Speaker. i 860. Disposal of 2. Business on the Speaker's table business on the i n i t i <• i- ^^ Speaker's table. shall be Qisposed 01 as follows : Messages from the President shall be referred to the appropriate committees without debate. Re- ports and communications from heads of depart- ments, and other communications addressed to the House, and bills, resolutions, and messages from the Senate may be referred to the appropriate committees in the same manner and with the same right of cor- rection as pubhc bills presented by Members; but House bills with Senate amendments which do not require consideration in a Committee of the Whole may be at once disposed of as the House may deter- mine, as may also Senate bills substantially the same as House bills already favorably reported by a com- mittee of the House, and not required to be considered in Committee of the Whole, be disposed of in the same [382] KTJLES OF THE HOUSE OF REPRESENTATIVES. Kale XXIV. § 861. manner on motion directed to be made by such com- mittee. A rule to govern disposition of business on the Speaker's table (to be dis- tinguished from the table of the House, which is the Clerk's table) was adopted in 1832. In 1880 and 1885 efforts were made to so modify the rule as to prevent delays in business on the Speaker's table, but it was not until 1890 that the present rule was adopted (IV, 3089). Such portions of messages from the Senate as require action by the House, all messages from the President except those transmit- Speaker's table ^^S ^^^ objections to bills (IV, 3534-3536), and all com- for action by the munications and reports from the heads of departments Hoase or by the go to the Speaker's table when received, to be disposed Speaker alone. ^f under this rule. All of the President's messages and such portions of Senate messages as, being House bills with Senate amend- ments, do not require consideration in Committee of the Whole are laid before the House for action; but communications other than messages from the President, all portions of Senate messages requiring consideration in Committee of the Whole (IV, 3101), and Senate bills of all kinds (with the exception noted in the rule) are referred to the appropriate standing com- mittees under direction of the Speaker without action by the House (IV, 3107, 3111). A House bill returned with Senate amendments involving a new matter of appropriation, whether with or without a request for a con- ference, is referred directly to a standing committee, and on being reported therefrom is referred directly to the Committee of the Whole (IV, 3094, 3095, 3108-3110). A Senate bill to come before the House directly from the table must conform to the conditions prescribed by the rule (IV, 3098, 3099), and must have come to the House after and not before the House bill "sub- stantially the same" has been placed on the House Calendar (IV, 3096). House bill must be correctly on House Calendar. In determining whether House bill is substantially same as Senate bill, amendments recommended by House committee must be considered. (Speaker Clark, Aug. 9, 1912, 2d sess. 62d Cong., p. 10605.) The rule applies to private as well as to public Senate bills (IV, 3101), and to concurrent resolutions as well as to bills (IV, 3097). Although a committee must authorize the calling up of the Senate bill, the actual motion need not be made by pne of the com- mittee (IV, 3100). Authority of committee to call up bill must be given at formal meeting of committee. Ruled by Speaker Clark August 20, 1912, Sixty-second Congress, second session, page 11398, as follows: '"The case is this: The gentleman from Alabama [Mr. Peflin] asks to take from the Speaker's table Senate bill No. 7343 and to have it considered . [383] RULES OF THE HOUSE OF REPRESENTATIVES. § 801. Kule XXIV. "The gentleman from Illinois [Mr. Foster] raised the point of order that it can not be considered, because its consideration has not been authorized by the committee having jurisdiction thereof. "The gentleman from Alabama presents the following paper, which he argues is a suflScient authorization under the nile: "Washington, D. C, August 19, 19n. "We, the undersigned members of the Committee on Interstate and For- eign Commerce, do hereby authorize the Hon. J. T. Heflin to call up or move to take from the Speaker's desk for immediate consideration Senate bill 7343. "W. C. Adamson; Wm. Richardson (telegram to chairman); J. Harry Covington; Michael E. DriscoU; T. W. Sims; J. H. Goeke; W. R. Smith; John A. Martin; E. L. Hamilton; Frank E. Doremus; W. A. CuUop. "There are 21 members of the Interstate and Foreign Commerce Com- mittee. Eleven of them — a majority, therefore a sufficient number to constitute a quorum-^signed this paper, as individual members but not as a conimittee, as it is not claimed that these 11 ever met as a committee to give the necessary authorization. That is the case as presented. "If the Chair exercised his own personal feelings about this matter, he would rule in favor of the geAtleman from Alabama [Mr. Heflin], but the Chair's personal feelings have nothing to do with it. The business of the Speaker is to rule in such a way as to preserve the integrity of the proceedings of the House. The last part of subdivision of rule 24 runs as follows: "'But House bills with Senate amendments which do not require con- sideration in a Committee of the Whole may be at once disposed of as the House may determine, as may also Senate bills substantially the same as House bills also favorably reported by a committee of the House, and not required to be considered in Committee of the Whole, be disposed of in the same manner on motion directed to be made by such committee.' "What is a committee? It has been held, and the present occupant of the Chair has now held two or three times, backed by ample authorities, that the House consists of a quorum of the Members elected and qualified, excepting those who have died or resigned or who have been expelled from the House. What is a committee? A committee consists of a quorum of the membership of that committee, in this case 11 Members, meeting together as a committee. Mr. Speaker Cannon ruled on a question not exactly parallel to this, but very near it. "Jefferson's Manual in section 26 provides: " 'A committee meet when and where they please, if the House has not ordered time and place for them (6 Grey, 370); but they can only act when together, and not by separate consultation and consent — ^nothing being the report of the committee but what has been agreed to in committee actually assembled.' [384] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XXIV. § 862. "That means a quorum of the committee. The Chair has read from section 4583 of Hinds' Precedents, volume 4. Section 4548, which in the syllabus, gays: " 'Committees can only agree to a report acting together.' "Then Mr. Hinds goes on to say: " '4584. Committees can only agree to a report acting together. — On January 9, 1905, Mr. John S. Williams, of Mississippi, asked unanimous consent for the present consideration of House resolution No. 415, relating to the statistics of the ginning of cotton, and the following paper was pre- sented, Mr. Williams speaking of it as 'a unanimous report from the Com- mittee on the Census: " 'Committee on the Census, JanvaryS, 1905. " 'We, the undersigned members of the Committee on the Census, agree to a favorable report on House resolution No. 415, and further agred that its author, Mr. Williams, of Mississippi, may call up same when the oppor- tunity presents itself. " 'E. D. Cbumpackek, " 'G. B. Patterson. " 'Chairman. " 'A. S. Bukleson. " 'James Kennedy. " 'Joe T. Robinson. " 'F. M. Ghipfith. " 'James Hay. " 'Mr. Speaker Cannon said: " 'The Chair understands that, in point of fact, the formal report has not been made from the Committee on the Census, although there is a paper on the Clerk's desk signed by a majority of the members of that committee.' "To make a ruling that would cover one bill and let this one in would not do very much harm, but to rule that this kind of a paper may take the place of a report or authorization from a committee at an authorized meet- ing — because the Speaker does not rule in one case only, for the rule is made for all similar cases — would open the doors so wide to a proceeding not authorized by the House that the Chair must hold, in order to preserve the integrity of the proceedings of the, House, that the point of order made by the gentleman from Illinois [Mr. Fpster] against this paper, which the gen- tleman from Alabama [Mr. Heflin] presents, is well taken. A proper authorization to call up a Senate bill under the rule cited can be given only by a committee, as herein defined. To decide the other way would be practically to do away with committee meetings." A message of the President on the Speaker's table is regularly laid before 5 862 Reference ^^^ House only at the time prescribed by the order of of President's business (V, 6635-6638). While it is always read in full messages from the and entered on the Journal and the Congressional Record Speaker's table. (y^ 6963), the accompanying documents are not read on demand of a Member or entered in the Journal or Record (V, 5267-5271). The annual message of the President is usually referred to the Committee of [385] RULES OF THE HOUSE OF EEPEESENTATIVES. §1 S63,864. Bnle XXIT. the Whole House on the state of the Union by the House on motion (V, 6631), whence it is distributed to appropriate standing committees (V, 6621, 6622) by resolutions reported from the Committee on Ways and Means (V, 6621, 6622). But a portion of the annual message has been referred directly to a select committee (V, 6628). A message other than an annual message is usually referred directly to a standing conimittee by direction of the Speaker (IV, 4053), but may be referred by the House itself on motion by a Member (V, 6631). This reference may be to a select as well as to a standing committee (V, 6633, 6634). 3. The consideration of the unfinished business in § 86S. unnnished which the House may be engaged at business. ^^^ adjournment, except business in the morning hour, shall be resumed as soon as the business on the Speaker's table is finished, and at the same time each day thereafter until disposed of, and the consideration of all other unfinished business shall be resumed whenever the class of business to which it belongs shall be in order under the rules. The first rule relating to unfinished business was adopted in 1794. Changes were made in 1860 and 1880, but the rule finally became imsatis- factory, because of delays caused by it, and in 1890 the present form was adopted (IV, 3112). The "business in which the House may be engaged at an adjournment" § 864. Construction i^eans, literally, business in the House, as distinguished of rule as to from the Committee of the Whole; and it further means unfinished business in which the House is engaged in its general business. legislative time, as distinguished from the special periods set aside for classes of business, like the morning hour for calls of com- mittees, Fridays for private bills, etc. In general, all business unfinished in the general legislative time goes over as unfinished business under the rule, but there are a few exceptions. Thus, a motion relating to the order of business does not recur as unfinished business on a succeeding day, even though the yeas and nays may have been ordered on it (IV, 3114). The question of consideration also, when not disposed of at an adjournment, does not recur as unfinished business on a succeeding day (V, 4947, 4948). When the House adjourns before voting on a proposition on which the pre- vious question has been ordered, either directly or by the terms of a special [386] RtJLES OF THE HOUSE OF REPRESENTATIVES. Rule XXIV. §§ 865,866. order (IV, 3185), the question comes up the next day immediately after the reading of the Journal, regardless of the requirements of the rule for the order of business ("V, 5510-5517). If several bills come over in this situa- tion, they have precedence in the order in which the several motions for the previous question were made (V, 5518). The rule excepts by its terms certain classes of business which are con- 8 865. Business sidered in periods set apart for classes of business, viz: unflnlshed In (i) Bills considered in the morning hour for the call periods set apart of committees. for classes of (j) giUg i^ Committee of the Whole. bnsluBss (c) Private bills considered on Fridays. {d) District of. Columbia bills. (e) Bills brought up under the rule setting apart days for motions to suspend the rules. A bill brought up in the morning hour and undisposed of when the call ceases for the day remains as unfinished business in the morning hour (IV, 3113, 3120), i. e., it is considered when the House next goes to a call of com- mittees. Business unfinished when the Committee of the Whole rises remains unfinished, to be considered first in order when the House next goes into Committee of the Whole to consider that business (IV, 4735, 4736). Private biUs unfinished on a Friday go over to the next Friday, and must be considered before the motion to go into Conimittee of the Whole House to consider other private bills (IV, 3276-3280). But when public business is considered on a Friday the unfinished business goes over until the next legislative day (V, 6945). On District of Columbia day business unfinished on the preceding District day is in order for consideration, but does not come before the House unless called up (IV, 3307). A motion to suspend the rules on which a second has been ordered, and which is undisposed of on one suspension day, goes over as unfinished business to the next suspension day, individual motions going over to a committee day, and vice versa (V, 6814-6816). Where the second has not been ordered, there is doubt as to whether or not the motion goes over as unfinished business (IV, 6817, 6818). 4. After the unfinished business has been disposed § 866. The o^ j the Speaker shall call each standing r"?-*"^ "n "', committee in regular order, and then for the call of , _ ° ' _ committees. select committees, and each committee when named may call up for consideration any bill ,[387] RXJLES OF THE HOUSE. OF REPRESENTATIVES. g 867 _ Kule XXIV. reported by it on a previous day and on the House Calendar, and if the Speaker shall not complete the call of the committees before the House passes to other business, he shall resume the next call where he left off, giving preference to the last bill under consideration: Provided, That whenever any com- mittee- shall have occupied the morning hour on two days, it shall not be in order to call up any other bill until the other committees have been called in their turn. The "morning hour" is one of the oldest devices of the rules for devoting an early portion of the session to a specific class of business. Until 1885 it was the hour for the reception of reports from committees. In 1890 it was provided that reports should be filed with the clerk, and the morning hour was by this rule devoted to a call of committees for the consideration of House Calendar bills (IV, 3118). Originally the morning hour was a fixed period of sixty minutes (IV, 3118); but under the present rules (Rule XXIV, § 4) § 867. roce are n j^ ^^^^ ^^^ terminate until the call is exhausted or tno inoniiiig^ nonr. until the House adjourns (IV, 3119), unless the House on motion made at the end of sixty minutes votes to go into Committee of the Whole House on the state of the Union (Eule XXIV, § 5; IV, 3134), or unless other privileged matter intervenes (IV, 3131, 3132). Before the expiration of the sixty minutes the Speaker has declined to permit the call to be interrupted by a privileged report (IV, 3132) or by unanimous consent (IV, 3130). Where the business for which the call is interrupted is concluded, the call is resumed unless there be other interrupting business or the House adjourns (IV, 3133). A bill once brought up on the call con- tinues before the House in that order of business until disposed of (IV, 3120), unless withdrawn by authority of the committee before action which puts it in possession of the House (IV, 3129); and may not be made a special order for a future day by a motion to postpone to a day certain (IV, 3164). In order to be called up in this order a bill must actually be on the House Calendar, and properly there, in order to be considered (IV, 3122-3126). In case the authority of the committee to call up a bill is disputed the Speaker does not consider it his duty to decide the question (IV, 3127), but has made decision on statements from the chairman and other members of the committee (IV, 3128). [388] RULES OF THE HOUSE OF REPRESENTATIVES. Kule XXIV. §§ 868,869. 5. After one hour shall have been devoted to the § 868. Interruption conslderatlon of bills called up by com- MmtXlrn mittees, it shall be in order, pending to go into Com- Consideration or discussion thereof, to mlttee of the Whole . . . - ' House on the state entertain a motion to go into Commit- tee of the Whole House on the state of the Union, or, when authorized by a committee, to go into the Committee of the Whole House on the state of the Union to consider a particular bill, to which motion one amendment only, designating another bill, may be made; and if either motion be determined in the negative, it shall not be in order to make either motion again until the disposal of the matter under consideration or discussion. This rule was adopted in 1890 as part of the plan for enabling the House at will to go at any time to any public bill on its calendars (IV, 3134). The words of the rule "after one hour" have been interpreted to mean a !) 869. Conditions of '^^ *™® ^^ ^^® ^^® ^^^^ °^ committees shall have the motion to go exhausted itself before the expiration of one hoiu: Into Committee of (IV, 3135); but not otherwise (IV, 3141). After the the Whole at the g^ygg ^^ y^gg^ j^ Committee of the Whole under this end of one hour. , i t_ ■ j ^ ^ ^ _,i^ j i order and has risen and reported, and the report has been acted on by the House, other motions to go into committee to consider other bills are in order (IV, 3136). The motion to go into committee gen- erally may be made by the individual Member (IV, 3138), but when it is proposed to designate a particular bill he must have the authority of a committee (IV, 3138). The amendment to the motion to consider a par- ticular bill must refer to a bill on the Union Calendar (IV, 3139). This order of business is not used in the House for consideration of bills in Com- mittee of the Whole House on the state of the Union like general appro- priation and revenue bills, which are very highly privileged (IV, 3072) and bills reported under the leave to report at any time, which have a privilege of somewhat inferior grade (IV, 3086); but is used entirely for nonprivileged bills. [389] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 8J0-872. ' Kule XXIT. 6. On Friday of each week, after the disposal of §870. Interruption s^ch business Oil the Speaker's table as of the regular order requires reference only, it shall be in on Fridays for con- ^ . . » , sideration of the Order to entertain a motion for the Private Calendar. -^-r , i -i ij? ■ j^ /^ •j_i_ House to resolve itself into Uonmnttee of the Whole House to consider business on the Pri- vate Calendar in the following order: On the second and fourth Fridays of each month preference shall be given to the consideration of private pension claims and bills removing poHtical disabiUties and bills removing the charge of desertion. On every Friday except the second and fourth Fridays the House shall give preference to the consideration of bills reported from the Committee on Claims and the Committee on War Claims, alternating between the two com- mittees. Adopted as a rule in the Sixty-second Congress in lieu special order under wliicli pension and private business were consid- § 871. J ered. Under this rule the unfinished private business must be considered before a motion to go into Committee of the Whole House is in order (IV, 3276- 3280). This rule does not interfere with the highly privileged motion to go into Committee of the Whole House on the state of the Union to consider revenue or appropriation bills (Rule XVI, § 9), which may be made immediately after the reading of the Journal on Fridays as on other days (IV, 3081), and at any time of the day has precedence of the motion to go into Committee of the Whole House to consider the Private Calendar (IV, 3082-3085). When the House by special order devotes Friday entirely to business other than private business the special rules governing the use of the day are thereby suspended (IV, 3282); and even a special order pro- viding for the consideration of a bill from day to day until disposed of in- cludes Friday unless special exception be made (IV, 3201, 3202). [390] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XXIV. §§ 87S-875. The House may "otherwise determine" as to business on Friday by - „ .. , , voting in the House itself (as distinguished from the dispensing with Whole House) on a motion to lay aside private business private business on (IV, 3270-3272), or by voting down the motion to go into Friday. Committee of the Whole House (IV, 3267), or by voting affirmatively on the highly privileged motion to go into Committee of the Whole House on the state of the Union to consider revenue or general appro- priation bills (IV, 3081). (Cong. Record, 3d sess. 61st Cong., p. 2548.) 7. On Wednesday of each week no business shall §874. Wednesday's be m Order except as provided by para- caii of committees, graph 4 of thls Tulc unless the House by a two-thirds vote on motion to dispense therewith shall otherwise determine. On such a motion there may be debate not to exceed five minutes for and against. On a call of committees under this rule>bills may be called up from either the House or the Union Calendar, excepting bills which are privileged under the rules; but" bills called up from the Union Calendar shall be considered in Committee of the Whole House on the state of the Union. This rule shall not apply during the last two weeks of the session. It shall not be in order for the Speaker to entertain a motion for a recess on any Wednesday except during the last two weeks of the session. CALENDAR WEDNESDAY. No preference bills on House Calendar over bills on Union Calendar. (Dec. 15, 1909, eiat Cong., 2d sess., pp. 161-162.) c 1 d r*" ' ""^ °" Unfinished business on Union Calendar — Speaker Wednesday. declared House in Committee of the Whole without motion. (Jan. 5, 1910, 61st Cong., 2d sess., p. 237.) Call of committee rests where call left off on preceding day, and not where left oft last Calendar Wednesday. (Jan. 12, 1910, 2d sess., 61st Cong., p. 556; 62d Cong., Ist sess., p. 3956, Speaker Clark.) One com- [391] BXJLES OF THE HOUSE OF KEPRESENTATIVES. § 875. Rule XXIV. mittee can not occupy more than two Calendar Wednesdays (except for unfinished business) until other committees are called, notwithstanding call rests on said committee. (Speaker Clark, 62d Cong., 2d sess., p. 1342, Jan. 24, 1912.) Bill undisposed of on Calendar Wednesday unfinished business next Cal- endar Wednesday. (Speaker Clark, Istsess., 62d Cong., p. 3956.) Previous question ordered on bill undisposed of when House adjourns Tuesday, goes over as unfinished business until Thursday, and not in order on Cal- endar Wednesday. (2d sess., 62d Cong., p. 1912, Feb. 20, 1912.) Notwithstanding two days consumed committee can dispose of bill pend- ing unfinished. (Apr. 20, 1910, 2d sess. Gist Cong.^ p. 5055; May 11, 1910, 2d sees. 61st Cong., p. 6078.) It is in order on Calendar Wednesday to move the reconsideration of a bill and pass same over veto of the President, as it is privileged imder the Constitution of the United States. Ruling made August 14, 1912, second session. Sixty-second Congress, page 10936, by Speaker Clark, as follows: "The truth about what the House did in the spring of 1910 as to the questidn of constitutional privilege raised on the census bill by the gentle- man from Indiana [Mr. Crumpacker] was stated correctly by the gentleman from Alabama [Mr. Underwood]. It is not necessary for us to forget every- thing we know in order to arrive at a conclusion about this matter. The very same men who are arguing this matter here to-daV participated very largely in those debates. The transaction which is referred to, on motion of the gentleman from Indiana [Mr. Crumpacker], was just simply part and parcel of a general parliamentary revolution, on which the majority of this House had made up its mind it was going to enter. The present occupant of the chair stated that on the floor of the House in words as plain as the English language could make it — that it was a revolution in which we were engaged and that there was no use to mince words about it. So did the gentleman from Alabama [Mr. Underwood] and others. We never made any pretense that our proceedings were other than revolutionary in a parlia- mentary sense. "The gentleman from Alabama [Mr. Underwood] got at the meat in this matter when he said that acting on a President's veto is one of the most important matters that come before the House. "The Chair is still in doubt whether the Crumpacker resolution is of con- stitutional privilege or not, but the Chair has no doubt whatever that this proportion now pending to act on this veto message is bottomed on a constitutional mandate. The language of the Constitution is: [392] RtH.ES OF THE HOUSE OP REPRESENTATIVES. Hole XXIV. § 875. " ' If he approve, he shall sign itj but if not, he shall return it with his objections to the House in which it shall have originated, who shall enter the objections at large on the Journal and proceed to reconsider it.' "What the gentleman from Kentucky [Mr. Sherley] said is absolutely true, that the very same motions which apply to any other matter before the House apply to this; that is, to postpone, and soforth. And the Chair thinks the Chair has demonstrated by his whole course here that he is as jealous of preserving the sanctity of Calendar Wednesday as any other Member of the House. It has been pretty well observed, and what the gentleman from New York [Mr. Fitzgerald] said, that while is has not accomplished all the good expected and hoped for, it has done a good deal of good. " But to say that a question of great constitutional importance like this shall not be passed on on Calendar Wednesday might mean, in certain contingencies, a very serious injiuy, or at least a grevious inconvenience to the Government of the United States or to the American people. For example, the law of the land is that on the second Wednesday in February the two Houses of the Congress shall meet in joint session to count the electoral vote for President and Vice President, and the framers of that statute were so careful and so wise as to direct that on that day the Congress must be in session^ — a most extraordinary and drastic provision; and cer- tainly nobody will seriously contend that notwithstanding the rule estab- lishing Calendar Wednesday the Congress could not proceed to discharge one of its most important duties. " The Chair does not know whether or not the gentleman from Pennsyl- vania [Mr. Burke] remembered the case ^hat put the idea in his mind, but he touched on another question of great importance. In the winter of 1876-77 Mr. Speaker Randall, one of the greatest Speakers that ever occu- pied the Chair, overruled point after point that was justified to be made by the rules of the House, and forced to a conclusion the election of a President of the United States as being a matter of the supremest impor- tance; and the passions of that day having subsided, history has vindicated him for what at the time was denounced as being a high-handed proceeding and a bold usurpation of power. " The Chair is of opinion that action on this veto is by a constitutional mandate, and that it has precedence of the business of Calendar Wednesday. " Mr. Mann appealed from the decision of the Speaker. " Mr. Underwood moved to lay the appeal on the table. " The question being on laying the appeal on the table, and being taken, it was decided in the aflSrmative— yeas 240, nays 10, answering present 7." -12 — 26 [393] RULES OP THE HOUSE OF REPRESENTATIVES. §876. Rule XXIV. Privileged bill can not be called up on Calendar Wednesday. (Apr. 13, 1910, 2d sees. 61st Cong., p. 4632.) Same rule of debate on Calendar Wednesday as other days. (Feb. 2, 1910, 2d sess. 6l8t Cong., p. 1421.) On Calendar Wednesday call of committee privileged over motion to go into Committee of the Whole House to consider appropriation bills. (Jan. 16, 1911, 3d sess. 61st Cong., p. 965.) Call of committee has priority over special order previously adopted providing for the consideration of a bill unless order expressly sets aside Calendar Wednesday. (June 8, 1910, 2d sess. 61st Cong., p. 7603.) Call of committee more highly privileged than conference report. (Feb. 9, 1910, 2d sess. 6l8t Cong., p. 1691.) No bills on calendar for consideration on Calendar Wednesday, House considers other business without motion to dispense with call. (Mar. 24, 1909, 1st sess. 61st Cong., p. 209; Speaker Clark, Apr. 26, 1911, 1st sess. 62d Cong.) 8. The second and fourth Mondays in each month, 5 876. District of after the disposal of such business on • Columbia. ^Yie Speaker's table as requires refer- ence only, shall, when claimed by the Committee on the District of Columbia, be set apart for the con- sideration of such business as may be presented by said committee. The first rule giving a fixed day for District of Columbia business was adopted in 1870. In 1890 the rule was given its present form (IV, 3304). The Committee on the District of Columbia may not, on a District day, call up a bill reported from another committee (IV, 3311). If certain of the committee's bills are on one of the calendars of the Committees of the Whole a motion to go into committee to donsider them is in order (IV, 3310). Business unfinished on one District day does not come up on the next unless called up (IV, 3307). The question of consideration may not be demanded against District business generally but may be demanded against any bill as it is presented (IV, 3308, 3309). On District days, hi order to go into Committee of the Whole on the state of the Union to consider revenue or appropriation bills (Congressional Becord, 3d sess. 6l8t Cong., p. 2548). [394] BtTLES OF THE HOUSE OF REPEESENTATIVES. Knles XXV, XXVI. §§877,878. Rule XXV. PRIORITY OF BUSINESS. § 877. Decision of All questlons relating to the priority oTATLCr- of business shall be decided by a ma- without debate. jority without debate. This rule was adopted in 1803 to prevent obstructive debate (IV, 3061). It has been held that appeals from decisions of the Chair as to priority of business are not debatable under this rule (V, 6952). Rule XXVI. UNFINISHED BUSINESS OF THE SESSION. All business before committees of the House at the « B,c B « end of one session shall be resumed at I 878. Besnmptioii of business of a pre- the Commencement of the next session ceding session. p ,, _, . , i 01 the same Congress m the same man- ner as if no adjournment had taken place. At first the Congress attempted to follow the rule of the English Parlia^ ment that business unfinished in one session should begin anew at the next; but in 1818, after an investigation of a joint committee in 1816, a rule was adopted that House bills remaining undetermined in the House should be continued at the next session after six days. This rule did not reach House bills sent to the Senate; but in 1848 the two Houses remedied this omission by a joint rule. Business referred to committees of the House was still subject to the old rule of Parliament; but in 1860 the present rule was adopted as a supplement to the rule of 1818. In 1890, desiring to do away with the limitation of the six days and apparently overlooking the main purpose of the rule of 1818, the House ressinded that portion of this rule which dated from 1818. Also, in 1876 the joint rules were abrogated, leaving no provision, except the headline of the rule, for the continuance of business not before committees. The practice, however, had become so well established that no question has ever been raised (V, 6727). The business of conferences between the two Houses is- not interrupted by an adjournment of a session which does not terminate the Congress (V, 6260-6262), and even where one House asks a conference at one session the other may agree to it in the next session (V, 6286). Where bills were [395] UTILES OF THE HOUSE OF REPRESENTATIVES. §§ 8!9,880. Enle XXVII. enrolled and signed by the presiding officers of the two Houses at the close of one session they were sent to the President and approved at the beginning of the next session (IV, 3486-3488). Rule XXVII. CHANGE OR SUSPENSION OP RULES. 1. No rule shall be suspended except by a vote of two-thii'ds of the Members voting, a § 879. Motions , . . i n ii to suspend the quoruHi being present; nor shall the '"''"■ Speaker entertain a motion to suspend the rules except on the first and third Mondays of each month, preference being given on the first Monday to individuals and on the third Monday to committees, and during the last six days of a session. This rule has been built up gradually on an old rule of 1794, which pro- \dded that no rule should be rescinded without one day's notice. In 1822 a clause was added that no rule should be suspended except by a two-thirds vote; and in 1828 it was provided that the "order of business, as established by the rules," should not be changed except by a two-thirds vote. This rule marks the great purpose of the motion, which was to give a means of getting consideration for bills which could not get forward under the rule for the order of business. Originally in order on any day, the motion was, in 1847, restricted to Mondays of each week, and, in 1880, to the first and third Mondays of each month. In 1874 the old limit of ten days at the end of the session was reducecl to six days. Originally of great use, when the older and more defective rules for the order of business existed, this motion has ceased to be necessary, since the House in 1890 adopted rules for the order of business which enables the House on any day to go to any public bills on its calendars. Also about the same time the perfection of the proc- ess of getting bills before the House out of order by a majority vote through a report from the Committee on Rules still further diminished the impor- tance of the motion to suspend the rules (V, 6790). While originally the motion was used to suspend the rule for the order I 880. Nature of °^ business in order to consider a particular bill (V, the motion to 6852, 6853), in the later practice it is more usual to suspend the move "to suspend the rules and pass" the bill (V, ''"'^^* 6846, 6847), and a division of the question may not be demanded, either aa to the two branches of the motion or as to distinct [396] RtJLES OF THE HOUSE OF REPRESENTATIVES. Bnle XXVII. § 881. substantive propositions in the subject of the motion (V, 6141-6143). The motion may not be amended (V, 5322, 5405, 6858), postponed (V, 5322), or laid on the table (V, 5405), and the motion to reconsider may not be applied to the vote on the motion (V, 5645, 5646). The motion to refer may not be applied to the bill which it is proposed to pass under suspension of the rules (V, 6860). The motion to suspend the rtiles applies to the parliamentary law of Jefferson's Manual as well as to the other rules of the House (V, 6796), and may even be used to deny the right to have read a paper on which the House is to vote (V, 5278-5284). But it has usually been held that the right of the Member to have read thfe paper on which he is called to vote is not changed by the fact that the procedure is by sus- pension of the rules (V, 5273-5277). The motion is held to suspend all rules inconsistent with its pm-poses, including a rule requiring a recess to be taken (V, 5752). It may be used also to change a rule (V, 6862), or to make a new rule, as was more frequently done in the earlier years of the House when it was the only way for making a special order except by unanimous consent (3152-3162). In the later practice special orders may still be made on motion to suspend the rules (IV, 3154); but usually they are made by majority vote of the House on a report from the Committee on Rules (IV, 3169). The motion to suspend may include a series of actions, as the dis- charge of a committee from consideration of a bill and the passage of it (V, 6850), the reconsideration of the vote passing a bill, amendment of it, and passage again (V, 6849), the permission to a committee to report several bills (V, 6857), an order to the Clerk to incorporate in the engrossment of a general appropriation bill a provision not otherwise in order (IV, 3845), an authorization to the House to entertain a specified motion to suspend the rules on a futiu-e day, not a suspension day (IV, 3845), a motion to take a bUl (V, 6288), or a motion to reconsider, from the table (V, 5640). In the early practice, when the motion to suspend the rules was used to enSible a matter to be taken up for consideration § 881. Precedence ^^j. qj order, it was not admitted when a subject was snspenrtlerules. ^beady before the House (V, 5278, 6836, 6837, 6852, 6853). A bill taken up under this early practice might be amended (V, 6842, 6856) by the House, or withdrawn by the mover, in which case another Member might not present it (V, 6854, 6855). In the later practice, where the motion includes both suspension of the rules and action on the subject it is admitted, although another matter be pending (V, 6834), although the yeas and nays may have been demanded on another highly privileged motion (V, 6835), or although the previous question may have been ordered or moved on another matter (V, 6827, 6831-6833). Earlier rulings, however, did not, while a series of Senate [397] RULES OP THE HOUSE OF REPRESENTATIVES. §§ 882,888. Bnle XXVIl. amejidments were pending, permit a motion to suspend the ruleain order to permit a vote to be taken on the amendments in gross (V, 6828, 6830). But in the earlier practice, also, while a matter was pending a motion to suspend the rules in order to dispense with the reading otherwise required was admitted (V, 5278). The motion to suspend the rules has been ruled out of order when the House is considering a bill under a special order (V, 6838); and when a question of high privilege is before the House a motion to suspend the rules and consider another matter is not in order (V, 6825, 6826). A motion to suspend the rules and approve the Journal was held in order, although the Journal had not been read and the then highly privileged motion to fix the day to which the House should ad- journ was pending (IV, 2758). "While the motion is of high privilege, it may be superseded by a question of the privilege of the House (III, 2553). Moreover, in the absence of a motion to suspend, the ordinary motions relating to business of the House may be made on suspension days as on other days (IV, 3080). The motion to suspend the rules may be made on days other than suspension days only by unanimous consent (V, 6795). On "suspension days" the motion to suspend the rules has been admitted at the discretion of the Speaker since 1881 (V, 6791-6794, 6845); but the rules forbid the Speaker to entertain a motion to suspend the rules relating to the privilege of the floor (V, 7283) and the use of the Hall of the House (V, 7270). The rule gives to individuals preference on the first Monday of the month 5 882. Individual ^°^ making motions to suspend the rules, and preference and committee on the third Mondays for committees to make the motion motions to (V, 6790). In rare instances the Speaker has called suspend the rules. ^j^g committees in regular order for motions to suspend the rules, but this method is not required (V, 6810, 6811). The committee motion must be formally and specifically authorized by the committee (V, 6805-6807); but after the motion has been seconded and debate has begun it is too late to raise a question as to the authorization (V, 6808). The committee inay not present a bill which has not been referred to it (V, 6813) and is not within its jurisdiction (V, 6848). A bill offered on a committee suspension day may carry with it only such amendments as are authorized by a committee (V, 6812). If on a committee day an individual motion is made and seconded, it is then too late to make a point of order (V, 6809). 2. All motions to suspend the rules shall, before .ooo n^y. ^ being submitted to the House, be § 88S. The second ° _ ' _ of the motion to secouded by a majority by tellers, if suspend the rules. ^ , . demanded. [398] RIIIJE5S OF THE HOUSE OF KEPRE8ENTATIVES. Rule XXVIIi: I gg^^ This rule was ^diopted in. 1874, but rescinded two years lattsr. In 1880 it was again adopted and has been retained constantly since that time. The object of it was to prevent consumption of the time of the House by fprcJAg consideration of undesirable propositions (V, 6797). In voting on this second the constitutional right to demand the yeas and nays does not exist (V, 6032-6036). But where a quorum fails on the vote for a second, it has been held that, under Rule XV, § 4, the doors should be closed and the yeas and nays tak^n (IV, 3053-8055). While it has been held that it is the' right of a Member to demand a second but not the duty of the Chair to call for it (V, 6801), it is the custom of the Speaker to ask " Is a second demanded? " (V, 6800) . In demanding a second an opponent of the bill is entitled to recognition, and a member of the committee report- ing the bill has the preference if he be opposed (V, 6802-6804) . It has been held that the right to demand a second is not necessarily precluded by pre- liminary debate (V, 6800). The .motion may be withdrawn (V, 6844) or modified at any time before the second has been ordered (V, 6840); and a committee may, under the same circumstances, withdraw a committee motion, even on a succeeding day (V, 6845). 3. When a motion to suspend the rules has been § 884. The 40 seconded, it shall be in order, before the rifm^tionlto"*'' fi^^l ^o*^ i^ taken thereon, to debate suspend the rules, the propositlou to be votcd upon for 40 minutes, one-half of such time to be given to debate in favor of, and one-half to debate in opposi- tion to, such proposition; and the same right of de- bate shall be allowed whenever the previous question has been ordered on any proposition on which there has been no debate. This rule was adopted, in 1880 (V, 6821). Before its adoption the motion to suspends, the rules was not debatable (V, 5405, 6820), and it has been held that it may not be debated before a second is ordered (V, 6799). But after a second is ordered the debate is allowed even though the question would not be debatable under the other rules of the House (V, 6822). When previous question ordered without debate on motion not debatable, no debate allowable under this rule. (Speaker Clark, Jan. 27, 1912.) The 40 minutes of debate is divided between the mover and the seconder (V, 6823, 6824). When the mover and seconder divide their time with others, the practice as to alternation of recognitions lis not insisted on so rigidly as in other debate (II, 1442). [399] RULES OP THE HOUSE OF EBPRE8ENTATIVES. § 884A. Bnle XXTII. 4. Any Member may present to the clerk a motion in writing to discharge a committee § 884A. The motlo . /• i i • i i • e i to discharge a from further consideration of any pub- committee. j^g |^j^ qj. jquj^^ resolution which may have been referred to such committee fifteen days prior thereto. All such motions shall be entered in the Journal and printed on a calendar to be known as a "Calendar of Motions to Discharge Committees." After the Unanimous Consent Calendar shall have been called on any Monday and motions to suspend the rules have been disposed of, it shall be in order to call up any such motion which shall have been entered at least seven days prior thereto. Recog- nition for such motions shall be in the order in which they have been entered. When such motion shall be called up, the bill shall be read by title only prior to a second being ordered by tellers, and no such motion shall be entertained as to a bill or joint resolution the title of which contains more than one hundred words ; after the reading of the bill by title the motion shall not be submitted to the House unless seconded by a majority by tellers; if such motion fails of a second, it shall be immediately stricken from the calendar and shall not be thereafter placed thereon. If a second be ordered debate on such motion shall be limited to twenty minutes, one-half thereof in favor of the proposition and one-half in opposition thereto. Such motions shall require for adoption an affirma- tive vote of a majority of the membership of the House. Whenever such a motion shall prevail the bUl so taken from the consideration of a commit- [400] RULES OF THE HOUSE OF REPRESENTATIVES. Bale XXTII. ' § g84A. tee shall thereupon be placed upon its appropri- ate calendar and upon call of the committee from which any bill has been so taken it may be called up for consideration by any Member prior to any bill reported by said committee at a date subsequent to the discharge of said committee : Provided, No Mem- ber shall have upon such calendar more than two motions ^t the same time. This rule adopted June 17, 1910, and amended first session Sixty-second Congress. (Amended Feb. 3, 1912.) Motion to discharge a committee from the consideration of a bill under this rule is of a higher privilege than a motion to consider an appropriation bill. (Jan. 16, 1911, 3d sess. 61st Cong., pp. 965-976.) Motion to discharge committee can be called up by any member. (Speaker Clark, 1st sess. 62d Cong., p. 3815, Aug. 7, 1911.) Member calling up motion precluded from making point of order against it. (Speaker Clark, 1st sess. 62d Cong., p. 3815, Aug. 7, 1911.) Committee must be appointed fifteen days prior to motion being placed on Calendar. (Speaker Clark, 1st sess. 62d Cong., p. 3815, Aug. 7, 1911.) Quorum not being present when House voting by tellers on seconding motion to discharge a committee, the Chair orders a call of the House under clause 4, rule 15, and vote taken on motion to second by yeas and nays. Speaker pro tern Sims, January 15, 1912, ruled as follows: "Does the gentleman from Alabama [Mr. Underwood] wish to make a further statement? "Mr. Underwood. I do not. "The Chair had an idea that possibly this situation would arise, and consequently has been looking the matter up before the question of a point of no quorum was made, and of course availed itself of the assistance of the aid to the Chair on these parliamentary matters by consulting the Clerk to the Speaker's table, especially as tjie present occupant is only a temporary occupant. "From all the Chair was able to gather before and since the point was made, the Ch£^ir thinks that this is a vote within the meaning of the auto- matic rule and that the automatic rule, section 4, applies. The Chair in part cites as authority for this rule the following from page 189, volume 4, of Hinds' Precedents: " 'On June 16, 1902, Mr. Fred C. Stevens, of Minnesota, by authority of the Committee on Military Affairs, moved to suspend the rules and pass with amendment the bill (H. R. 14441) to authorize the Secretary of War, [401] EULES OF THE HOUSE OP REPRESENTATIVES. § 885. Bale XXYIII. in his discretion, to favor American-built ships in the transportation of Government supplies to the Philippines across the Pacific Ocean. " 'A second having been demanded, there appeared on a vote, by tell- ers — ayes 77, noes 0. " 'Mr. James D. Richardson, of Tennessee, made the point of order that there was no quorum present. " 'The Speaker, having counted the House, announced the presence of 129 Members, not a quorum. " 'Mr. Oscar W. Underwood, of Alabama, moved that the House adjourn, which was negatived on division — ayes 41, noes 81, a demand for the yeas and nays on the motion to adjourn being, refused. ^ " 'Then the Speaker said: " 'There being no quorum present, the Doorkeeper will close the doors and the Sergeant at Arms will bring in absent Members to answer to their names. The question is on seconding the motion to suspend the rules and pass the bill.' "The Chair will read from the Manual, Rule XXVII, clause 2: " 'AH motions to suspend the rules shall, before being submitted to the House, be seconded by a majority by tellers, if demanded.' "That is the same in language as the discharge rules provides, being in fact, clause 4 of the rule on suspension. With all the light before the Chair, it seems to be a new point. The Chair holds the automatic rule applies, and the doors will be closed." Rule XXVIII. CONFERENCE REPORTS. 1. The presentation of reports of committees of con- § 885. High ference shall always be in order, ex- c^f«*n*crreports; ccpt when the Joumal is being read, :roLZ;U ^^^^^ ^^^ ^^ll ^^ ^elng called, or the statement. House is dividing on any proposition. The practice of giving conference reports privilege dates from 1850, hav- ing had its origin in a temporary rule. This practice was continued by rulings of the Chair until this rule was adopted in 1880 (V, 6443-6446, 6454). Under the language of the rule a conference report may be presented while a Member is occupying the floor in debate (V, 6451), while a bill is being read (V, 6448), after the yeas and nays have been ordered (V, 6457), after the previous question has been demanded or ordered (V, 6449, 6450), and during a call of the House if a quorum be present (V, 6456). It even takes precedence of the motion to reconsider (V, 5605) and to adjourn (V, 6451-6453), although as soon as the report is presented the motion to [402] RULES OF THE HOUSE OF REPRESENTATIVES. Itula XXVIII. §§ 8868, 87. adjourn may be put (V, 6451-6453). Also the consideration of a conference repcirt may be interrupted, even in the midst of the reading of the state- ment, by the arrival of the hour previously fixed for a recess (V, 6524). While it may not be presented while the House is dividing, it may be pre- sented after a vote by tellers and pending the question of ordering the yeas and nays (V, 6447). It also has precedence of a report from the Committee on Rules (V, 6449), and has been permitted to intervene when a special order provides that the House shall consider a certain bill "until the same is disposed of" (V, 6454). Of course a question of privilege which relates to the integrity of the House as an agency for action may not be required to yield precedence to a matter entitled to priority merely by the rules relating to the order of business (V, 6454). 1. And there shall accompany every such report § 886. The a detailed statement sufficiently ex- McoiTprnyinga pHclt to iuform the House what effect conference report, g^^gj^ amendments or propositions will have upon the measures to which they relate. This rule was adopted in 1880 (V, 6821). The statement required by the rule should be in writing and signed by at least a majority of the House managers (V, 6505, 6506) . The Speaker may require the statement to be in proper form (V, 6513), but it is for the House and not the Speaker to determine whether or not it conforms to the rule in other respects (V, 6511, 6512). A report may not be received without the accompanying statement (V, 6504, 6514, 6515). If conferees of House agreeing to conference surrenders papers to House asking conference, re- port can be received first by House asking the conference. (Speaker Clark, 1st sess. 62d Cong., p. 4028.) Where amendment strikes out all after enacting clause, conferees have whole subject before them. (Speaker Clark, 1st sess. 62d Cong., p. 4066, Aug. 14, 1911.) Conferees limited to differences between the two Houses and can not insert in report new matter not germane thereto. On the Army appropriation bUl on June 13, 1912, Speaker Clark made an elabo- rate ruling on the question, to be found as section 942 of Digest. 2. It shall not be in order to consider the report § 887. Printing of of a Committee of conference until such conference reports feport and the accompauyiug state- and statements '^ i n i i • j i • ii In the Record. meut shall have been printed in the Record, except on either of the six days preceding the end of a session. This rule was adopted in 1902 (V, 6516). [403] RULES OF THE HOUSE OF REPRESENTATIVES. §§888,889. Rules XXIX, XXX. Rule XXIX. SECEET SESSION. Whenever confidential communications are re- ceived from the President of the United sessio'ns of 'the States, or whenever the Speaker or any ''"""'• Member shall inform the House that he has communications which he believes ought to be kept secret for the present, the House shall be cleared of all persons except the Members and officers thereof, and so continue during the reading of such, communi- cations, the debates and proceedings thereon, unless otherwise ordered by the House. This rule, in a somewhat different form, was adopted in 1792, although secret sessions had been held by the House before that date. They con- tinued to be held at times with considerable frequency until 1830. In 1880, at the time of the general revision of the rules, the House concluded to retain the rule, although it had been long in disuse (V, 7247). The two Houses have legislated in secret session, transmitting their messages also in secrecy (V, 7250); but the House has declined to be bound to seprecy by act of the Senate (V, 7249). Motions to remove the injunction of secrecy should be made with closed doors (V, 7254). In 1843 a confidential message from the President was referred without reading; but no motion was made for a secret session (V, 7255). Rule XXX. READING OF PAPERS. When the reading of a paper other than one upon § 889. Objections to which the House is called to give a reading Of papers, g^^j ^^^g jg demanded, and the same is objected to by any Member, it shall be determined without debate by a vote of the House. [404] RULES OP THE HOUSE OF REPRESENTATIVES. Rule XXXI. §§ 890-892. This rule was adopted in 1794 and amended in 1802 and 1880 (V, 5257). It recognizes the right of the Member under the general parliamentary law to have read the paper on which the House is to § 890. Papers ^ote (V, 5258), but when that paper has been read read on demand \' ,. , , , , of a Member. once, tne reading may not be repeated unless by order of the House (V, 5260). The right may be abrogated by suspension of the rules (V, 5278-5284); but is not abrogated simply by the fact that the current procedure is taking place under the rule for sus- pension (V, 5273-5277). On a motion to refer a report the reading of it may be demanded as a matter of right, but the latest ruling leaves to the House to determine whether or not an accompanying record of testimony should be read (V, 5261, 5262). In general the reading of a report is held to be in the nature of debate (V, 5292) ; but where a report presents facts and conclusions but no legislative proposition it is read if submitted for action (IV, 4663). Where a paper is offered as involving a matter of privi- lege it should be read to the House (III, 2597) rather than by the Speaker privately (III, 2546), but a Member may not, as a matter of right, require the reading of a book or paper on suggedtion that it contains matter infring- ing on the privileges of the House (V, 5258). The reading of papers other than the one on which the vote is about to be taken is usually permitted without question (V, § 891. Papers 5258), and the Member in debate usually reads or has read br consent , , , , i ^ ^i • . ., of the House lea^d such papers as he pleases, but this privilege is subject to the authority of the House if another Member objects (V, 5285-5288, 5289-5291). This piinciple applies even to the Member's own written speech (V, 5258), or a report which he proposes to have read in his own time or to read in his place (V, 5293). But, on a motion to lay on the table, a demand for the reading of a paper other than the one to which the motion applied was overruled (V, 5297); and after the previous question is ordered a Member may not ask the decision of the House as to the reading of a paper not before the House for action (V, 5296), even though it be the report of the committee (V, 5294-5295). Rule XXXI. DRAWING OF SEATS. 1. At the commencement of each Congress, unme- § 892. Selection dlately after the Members and Delegates of seats by lot. qj.q g^om in, the Clerk shall place in a [405] RULES OF THE HOUSE OF REPRESENTATIVES. 893. Eule XXXII. box, prepared for that purpose, a number of small balls, of marble or other material, equal to the num- ber of Members and Delegates, which balls shall be consecutively numbered and thoroughly intermingled, and at such hour as shall be fixed by the House for that purpose, by the hands of a page, draw said balls one by one from the box and announce the number as it is drawn, upon which announcement the Mem- ber or Delegate whose name on a numbered alpha- betical Ust shall correspond with the number on the ball shall advance and choose his seat for the term for which he is elected. 2. Before said drawing shall commence each seat shall be vacated and so remain until selected under this rule, and any seat having been selected shall be deemed forfeited if left unoccupied before the call of the roU is finished; and whenever the seats of Mem- bers and Delegates shall have been drawn, no propo- sition for a second drawing shall be in order during that Congress. Originally Members selected their seats by mutual agreement; but in 1845 a rule was adopted providing for selection by lot. This method was perfected by amendments in 1872 and 1880 (I, 119). Rule XXXII. HALL OP THE HOUSE. The Hall of the House shall be used only for the § 898. rse of the legislative business of the House and for HaiioftheHonse. ^YiB caucus mectiugs of its Members, except upon occasions where the House by resolution [406] RULES OF THE HOUSE OF KEPEESENTATIVES. Rule XXXIII. § 894. agree to take part in any ceremonies to be observed therein ; and the Speaker shall not entertain a motion for the suspension of this rule. Rules relating to the use of the Hall were adopted as early as 1804. The present form of the rule dates from 1880 (V, 7270). Rule XXXIII. OF ADMISSION TO THE FLOOR. 1. The persons hereinafter named, and none other, .o„. „ ., shall be admitted to the Hall of the § 894. Persons and officials admitted to Housc or rooms leading thereto, viz: sessionToftte^ Thc President and Vice-President of the '"'°"'" United States and their private secre- taries, judges of the Supreme Court, Members of Con- gress and Members-elect, contestants in election cases during the pendency of their cases in the House, the Secretary and Sergeant-at-Arms of the Senate, heads of departments, foreign ministers, governors of States, the Superintendent of the Capitol Building and Grounds, the Librarian of Congress and his assistant in charge of the Law Library, the Resident Commis- sioner to the United States from Porto Rico, such per- sons as have, by name, received the thanks of Con- gress, ex-Members of the House of Representa;tives who are not interested in any claim or directly in any bUl pending before Congress, and clerks of commit- tees when business from their committee is under consideration; and it shall not be in order for the [407] RtJIiES OF THE HOUSE OF REPRESENTATIVES. § 895,896. Bule XXXIII. Speaker to entertain a request for the suspension of this rule or to present from the chair the request of any Member for unanimous consent. ^ This rule, which, has been amended only slightly since 1880, was sub- jected to many changes from 1802 until that date (V, 7283). The portion of the rule forbidding the Speaker to entertain requests for suspension of the rule applies also to the Chairman of the Committee of the »Whole (V, 7284). "Heads of departments" means members of the Presi- dent's Cabinet, and not subordinate executive officers, and " foreign min- isters" means ministers from foreign governments only. "Governors of States" does not include governors of Territories (V, 7283). An alleged violation of the rule relating to admission to the floor presents a question ot privilege (III, 2624, 2625), but not a higher §895. Abuse of the question of privilege than an election case (III, 2626). privilege of the floor. ^ ^^ ° ,, , , . ' . ' in one case where an ex-Member was abusmg the privi- lege, he was excluded by direction of the Speaker (V, 7288), but in another case the Speaker declared it a matter for the House and not the Chair to consider (V, 7286). In one case an alleged abuse was inquired into by a select committee (V, 7287). 2. There shall be excluded at all times from the s 896. Admission to ^^^^ ^^ ^^^ House of Representatives the floor when the aud the cloakrooms all persons not House Is not sitting, i-,i i . n • -i <. i rt entitled to the privilege of the floor during the session, except that until fifteen minutes of the hour of the meeting of the House persons em- ployed in its service, accredited members of the press entitled to admission to the press gallery, and other persons on request of Members, by card or in writing, may be admitted. This rule was adopted in 1902 (V, 7346). [408] RULES OF THE HOUSE OF BEPKESENTATIVES. Rules XXXIV, XXXV. {§ 897,898 Rule XXXIV. OF ADMISSION TO THE GALLERIES. The Speaker shall set aside a portion of the west .o-., ™„. . gallery for the use of the President of § 897. The varlona "^ , , , . gaueriesand the United States, the members of his Cabinet, justices of the Supreme Court, foreign ministers and suites, and the members of their respective families, and shall also set aside another portion of the same gallery for the accommodation of persons to be admitted on the card of Members. The southerly half of the east gallery shall be assigned exclusively for the use of the families of Members of Congress, in which the Speaker shall control one bench, and on request of a Member the S{)eaker shall issue a card of admission to his family, which shall include their visitors, and no other person shall be admitted to this section. This rule was adopted in 1880 (V, 7302). On special occasions the House sometimeB makes a special rule for admission to the galleries (V, 7303), as on the occasion of the electoral count (III, 1961). Rule XXXV. OFFICIAL AND OTHER REPORTERS. 1. The appointment and removal, for cause, of the § 898. Reporters ofEcial reporters of the House, includ- *"**wtn*°* '^^^ stenographers of committees, and stenographers. ^hg manner of the execution of their duties shall be vested in the Speaker. 69373°-12 27 f'^09] ETILES OF THE HOUSE OF REPRESENTATIVES. §§ 899-901. Rule XXXV. This rule was adopted in 1874 (V, 6958). The reporters of debates have borne an important part in the evolution by which the House has built up the system of a daily verbatim report of its proceedings, made by its own corps of reporters (V, 6959). Since these reporters have become officers of the House a correction of the Congressional Record has been held a question of privilege (V,' 7014-7016). The arrangement, style, etc., of the Congressional Record is prescribed § 899. Relations of ^y *^^ Joint Committee on Printing (V, 7024), who also the Speaker to the determine as to the insertion of maps, diagrams, etc. Congressional (V, 7024). The Record is for the proceedings of the Record. House and Senate only, and matters not connected therewith are rigidly excluded (V, 6962). It is not, however, the official record, that function being fulfilled by the Journal (IV, 2727). As a general principle the Speaker has no control over the Record (V, 6984, 7017), but words spoken by a Member after he has been called to order may be excluded by direction of the Speaker (V, 6975-6978). But the House, and not the Speaker, determines what liberty shall be allowed to a Member who has leave to extend his remarks (V, 6997-7000), whether or not a copyrighted article shall be printed therein (V, 6985), as to an alleged abuse of the leave to print (V, 70121 or as to a proposed amendment (V, 6983). As a general rule the Committee of the Whole has no control over the 5 900 Relations Congressional Record (V, 6986); but the Chairnian, in of the' Committee ^he preservation of order, may direct the exclusion of of the Whole to disorderly words spoken by a Member after he has been the Congressional called to order (V, 6987). In a case wherein the com- mittee conceived that a letter read in committee involved a breach of privilege, it reported the matter to the House for action, and the House struck the letter from the Record (V, 6986). The Chairman of the Committee of the Whole does not determine the privileges of a Member under a general leave to print in the Record, that being for the House alone (V, 6988). Neither may the Committee of the Whole grant a general leave to print, although for convenience it does permit individual Members to extend their remarks (V, 7009, 7010). While the House controls the Congressional Record, the Speaker with the assent of the House laid down the principle that wbrds of'the' CoMonal T'S^ ^^ ^ ^'°'^''' ''' °'^^' "^^^^ °°* ^" '^^^"S"'^ ^^ Record. "'^^ House, as this would be determining what a Member should utter on the floor (V, 6974). Neither should one House strike out matter placed in the Record by permission of the other House (V, 6966). But the House may correct the speech of one of its Mem- bers so that it may record faithfully what he actually said (V, 6972) . Where (410] RULES OF THE HOUSE OF REPEESENTATIVES. Bnle XXXV. || 902, 903. a Member had uttered disorderly words on the floor without objection, the House yet decided that it was not precluded from action when the words, after being withheld for revision, appeared in the Record, and struck them out (V, 6979, 6981). The House has also ordered stricken from the Record printed speeches condemned as unparliamentary for reflections on Members, committees of the House, the House itself (V, 7017), and the Senate (V, 5129). It is improper for a Member to have published in the Record the individual votes of Members on a question of which the yeas and nays have not been entered on the Journal (V, 6982). A correction of the Record which involves a motion and a vote is recorded in the Journal (IV, 2877). Propo- sitions to make corrections are sometimes considered by the Committee on Printing (VI, 4349). In debating a resolution to strike from the Record disorderly language a Member may not read the language (V, 7004); but it was held that as part of a personal explanation relating to matter excluded as out of order a Member might read the matter, subject to a point of order if the reading should develop anything in violation of the rules of debate (V, 5079). It has also been held that a Member may not, in a controversy over a proposed correction of the Record as to a matter of business, demand as a matter of right the reading of the reporter's notes (V; 6967). A motion or resolution for the correction of the Congressional Record may be made properly after the reading and approval of the of^ro'poswionr Journal (V, 7013), and is not in order pending the to correct the approval of the Journal (V, 6989), but is privileged after Congressional that (V, 7014-7019). A question of privilege as to an ''*''"■'*• alleged error in the Record may not be raised imtU the Record has appeared (V, 7020), and a resolution to omit from the manu- script copy certain remarks declared out of order is not privileged (V, 7021). Offensive words having been stricken from the Record, a question of privi- lege may not arise therefrom (V, 7023). It has been the practice to allow a Member, with the approval of the Speaker, to revise his remarks before publication in the of Member to Congressional Record (V, 6971); but he should not revise his remarks change the notes of his own speech in such a way as to In the Congressional affect the remarks of an opponent in controversy with- ^"°''*' out bringing the correction to the attention of that Member (V, 6972). A Member is not entitled to inspect the Reporter's notes of remarks which do not contain reflections on himself, delivered by another Member and withheld for revision (V, 6964). Where a Member so revised his remarks as to affect the import of words uttered by another Member, the House corrected the Record (V, 6973). The Joint Committee [411] RULES OF THE HOUSE OF EEPRBSENTATIVES. §§ 901, 905. Rule XXXV. on Printifiig prescribes the conditions under which Members may revise their remarks (V, 7024). The practice of insertiiig in the Gongresraonal Record speeches not § 904. "Leave to actually delivered on the floor has grown up by consent print" In the of the House as the membership has increased and Congressional it has become difficult at times for every Member to ^'""'*" express at leagtt on the floor Ms reasons for his attitude on public questions (V, 6990-6996, 6998-7000). The House quite gener- ally stipulates, in granting leave to print, that it shall be exercised with- out unreasonable freedom (V, 7002, 7003). General leave to print may be granted only by the House, although in Committee of the Whole a. Mem- ber, by unanimous consent, is sometimes given leave to extend his remarks (V, 7009, 7010). When a Member under leave to print places in the Record that which would not have beeai in order if uttered on the floor, the House may exclude the speech in whole or in part (V, 7005-7008). Thus, where a Member, under leave to print, made chaises against another Member, the House ordered the speech stricken out (V, 7004). The principle that a Member shall not be called to order for words spoken in debate if business has intervened does not apply to a case where leave to print has been violated (V, 7005). Where a Member gets leave to insert one matter he may not print another (V, 7001). Where a Member abused a leave to print on the last day of a session, the House at the next session condemned the abuse and declared the matter not a legitimate part of the official debates (V, 7017). An abuse of the leave to print gives rise to a quj^stion of privilege (V, 7005-7008, 7011), and a resolution to expunge from the Record in such a case is offered as of privilege (V, 7012). An inquiry by the House as to an alleged abuse of the leave to print does not necessarily entitle the Member implicated to the floor on a question of personal pAv- ilege (V, 7012). 2. Such portion of the gallery over the Speaker's § 905. Unofficial chaip as may be necessary to accommo- press'^gtfiOT Md ^ate representatives of the press wish- on the noor. ing to report the debates and proceed- ings shall be set aside for their use, and reputable reporters and correspondents shall be admitted thereto under such regulations as the Speaker may from time to time prescribe; and he may assign one seat on the floor to Associated Press reporters, one [412] BULBS OF THE HOUSE OF REPRESENTATIVES. Rules XXXVI, XXXVII. §§ 906, 907. to the Sun Press Assoeiation, one to the United Press Association, one to the National News Association, and one to the New York Hetald Syndicate, and regulate the occupation of the same. And the Speaker may admit to the floor, under such regula- tions as he may prescribe, one additional representa- tive of each press association. This rule was first adopted in 1857, and has been amended from tiine to time as the occasion demanded (V, 7304), including February 18, 1909. Rule XXXVI. PAY OF WITNESSES. The rule for paying witnesses subpoenaed to appear § 906. Fees of bcf Ore the House or either of its com- tTnZl^T mittees shall be as foUows: For each committees. (j^y a witness shall attend, the sum of two dollars; for each mile he shall travel in coming to or going from the place of examination, the sum of five cents each way; but nothing shall be paid for traveling when the witness has been summoned at the place of trial. This rule was adopted in 1872, with amendments in 1880 (III, 1825). Rule XXXVII. PAPERS. The clerks of the several committees of the House shall, within three days after the filial §907. Duties Of ' ^ i^ n J T j. clerk and adjournment oi a Congress, deliver to ™rtodyo7p?pera the Cl6rk of the House all bills, joint before committees, rggoiutions, petltiohs, aud other papers referred to the committee, together with all evidence [418] RtlLES OF THE HOUSE OF REPRESENTATIVES. § 908. Bile XXXVlIl. taken by such committee under the order of the House during the said Congress and not reported to the House; and in the event of the failure or neglect of any clerk of a committee to comply with this rule the Clerk of the House shall, within three days there- after, take into his keeping all such papers and testimony. This rule was adopted in 1880 (V, 7260). Rule XXXVIII. WITHDRAWAL OF PAPERS. No memorial or other paper presented to the House shall be withdrawn from its files with- § 908. Custody of i • p • i i papers in the flies OUt itS leaVe, and if Withdrawn there- of the House, fl t • f* 1 • ,^ P1111 from certified copies thereof shall be left in the office of the Clerk; but when an act may pass for the settlement of a claim, the Clerk is au- thorized to transmit to the officer in charge with the settlement thereof the papers on file in his office relating to such claim, or may loan temporarily to an officer or bureau of the executive departments any papers on file in his office relating to any matter pending before such officer or bureau, taking proper receipt therefor. This rule was adopted in 1873 and amended in 1880 (V, 7256). A statute (31 Stat. L., p. 642) provides that papers in the files of the House which are not required to be retained there, shall be delivered to the Librarian of Congress for custody, although they are to be considered as still in the files of the House. The House usually allows the withdrawal of papers only in cases where there has been no adverse report. As the rules for the order of busLnesa give no place to the motion to withdraw, it is made by unanimous consent (V, 7259). [414] RULES OF THE HOUSE OF REPRESENTATIVES. Kules XXXIX-XLI. §§ 909-011. Rule XXXIX. BALLOT. In all cases of ballot a majority of the votes given § 909. KiecHons by shall be necessaFy to an election, and """'"• where there shall not be such a majority on the first ballot the ballots shall be repeated until a majority be obtained; and in all balloting blanks shall be rejected and not taken into the count in enumeration of votes or reported by the tellers. This rule was fiist adopted in 1789 and was amended in 1837 (V, 6003). The last election by ballot seems to have occurred in 1868 (V, 6003). Rule XL. MESSAGES. Messages received from the Senate and the Presi- § 910. Entry of dent of the United States, giving notice "oamailM*'"' of bills passed or approved, shall be Record.. entered in the Journal and published in the Record of that day's proceedings. This rule was adopted in 1867 and amended in 1880 (V, 6593). House receives message from Senate when Senate not in session. Speaker Clark, lat sess., 62d Cong., June 13, 1911. Rule XLI. executive communications. Estimates of appropriations and all other com- § 911. Reception muuications from the executive depart- executtv"""* "' mouts, intended for the consideration of commnnications, g^^y committees of the House, shall be Inclndlng •' ' _ estimates. addressed to the Speaker, and by him referred as provided by clause 2 of Rule XXIV. [415] RULES OF THE HOUSE OF REPRESENTATIVES. §§ 912, 913. Rules XLII, XliIII. This rule was adopted in 1867 (IV, 3573). All estimates of appropriations are reqtdred by statute to be transmitted through the Secretary of the Treasury (IV, 3573, footnote), and to be pre- pared and submitted according to the order and arrangement of the appro- priation acts of the year preceding (IV, 3576) . The Book of Estimates (IV, 4045), which contains most of the estimates, is in fact printed before the assembling of Congress (V, 3574). Rule XLIl. QUALIFICATIONS OF OFFICEHS AND EMPLOYEES. No person shall be an officer of the House, or § 912. Officers contlnue in its employment, who shall ^tto"be°'^OTt8 ^ ^^ agent for the prosecution of any of claims. claim against the Government, or be interested in such claim otherwise than as an original claimant; and it shall be the duty of the Committee on Accounts to inquire into and report to the House any violation of this rule. This rule was adopted it 1842 (V, 7227). Rule XLIII. Jefferson's manual. The rules of parliamentary practice comprised in 1 913. Relations Jeffersoii's Mauual shall govern the of Jefferson's House in all cases to which they are Jfannal to the t i i i • i • i i rules of the appucable, and in tfhich they are not inconsistent with the standing rules and orders of the House and joint rules of the Senate and House of Representatives. [416] BULBS OF THE HOUSE OF EEPRESENTATIVES. RdIo XLIII. § 914. PRINTING. The old rule on the subject of printing was abolished by the Sixty-second Congress, as the printing statute covered the subject. General printing statute, approved January 12, 1895. The foUoMng amendment was adopted January 20, 1905: That sectiiin fifty-four of said act is herefcy amended by adding at the end thereof as follows: That hereafter the usual number of reports on private bills, concurrent or simple resolutions, shall not be printed. In lieu thereof there shall be printed of each Senate report on a private bill, simple or concurrent reso- lution, three hundred and forty-five copies, which shall be distributed as follows: To the Senate document room, two hundred and twenty copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hundred copies; to the superintendent of documents, ten copies; and of each House report on a private bill, simple or concurrent resolution, two hundred and sixty copies, which Shall be distributed as follows: To the Senate document room one hundred and thirty-five copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hundred copies; to the superintendent of documents, ten copies: Provided, That nothing contained in this act shall be construed to pi-event the binding of all Senate and House reports in the reserve volumes bound for and delivered to the Senate and House libraries: Provided, That not less than twelve copies of each report on bills for the payment or adjudication of claims against the Government shall be kept on file in the Senate document room. Sec. 2. That section fifty-five of said act is hereby amended to read as follows: "Sec. 55. There shall be printed of each Senate and House public bill and joint resolution six hundred and twenty-five copies, which shall be distributed as follows: To the Senate document room, two hundred and twenty-five copies; office of Secretary of Senate^ fifteen copies; House docu- ment room, three hundred and eighty-five copies. There diall be printed of each Senate private bill, when introduced, when reported, and when passed, three hundred copies, which shall be distributed as follows: To the Senate document room, one hundred and seventy copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hundred copies; to the superintendent of documents, ten copies. There shall be [417] RULES OF THE HOUSE OP REPEESfeNTATIVES. § 914. Bnle XLIII. printed of each House private bill, when introduced, when reported, and when passed, two hundred and sixty copies, which shall be distributed as follows: To the Senate document room, one hundred and thirty-five copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hundred copies; to the superintendent of documents, ten copies. The term 'private bill' shall be construed to mean all bills for the relief of private parties, bills granting pensions, bills removing political disabilities, and bills for the survey of rivers and harbors. All bills and resolutions shall be printed in bill form, and, unless specially ordered by either House, shall only be printed when referred to a committee, when favorably reported back, and after their passage by either House. Of concurrent and simple resolutions, when reported, and after their passage by either House, only two hundred and sixty copies shall be printed, except by special order, and the same shall be distributed as follows: To the Senate document room, one hundred and thirty-five copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hundred copies; to the superin- tendent of documents, ten copies.' ' Approved, January 20, 1905. The following amendment adopted June 25, 1910: That that part of section fifty-four of an act approved January twelfth, eighteen hundred and ninety-five, providing for the public printing and binding and the distribution of public documents which reads as foUows: "The remainder of said documents and reports shall be reserved by the Public Printer in unstitched form, and shall be held subject to be bound in the number provided by law, upon orders from the Vice President, Senators, Representatives, Delegates, Secretary of the Senate, and Clerk of the House, in such binding as they shall select, except full morocco or calf; and when not called for and delivered within two years after printing shall be delivered in unbound form to the superintendent of documents for distribution," as amended by Public Resolution Numbered Thirty-six, approved June thirtieth, nineteen hundred and two, is hereby repealed, to take effect at the close of the second session of the Sixtyrfirst Congress, and the reserved documents and reports therein provided shall thereafter not be printed: Provided, That nothing herein shall operate to abridge in any way the right of the Vice President, Senators, Representatives, Delegates, Resident Commissioners, Secretary of the Senate, and Clerk of the House to have bound in half morocco, or material not more expensive, one copy of every public document to which he may be entitled. Approved, June 25, 1910. [418] RULES OF THE HOUSE OF REPRESENTATIVES. Rule XLIII. § 914. Amendment authorizing Clerk of the House et al. to order reprinting of bills. Approved March 1, 1907. (Hinds' Prec, vol. 5, 7319.) Amendment to correct abuses in printing, approved March 30, 1906. Amendment to prevent unnecessary printing and binding, approved March 30, 1906. Amendment relative to public printing and binding, approved January 15, 1908. [419] P^ORMS. [421] §1 915-917. FORMS. OF PUTTING QUESTIONS. The forms of putting ordinary questions are: 5 915. Form of The Speaker, rising, says : pntttos qucstioii ^g j^g^ ^ ^^^ jjj f^^^^ (^^ jj^^ question may be) say for viva voce rote. i, , „ jjj 'Aye." And after the affirmative voice is expressed : As many as aie opposed say "No. " If a division is demanded, the Speaker says : As many as are in favor ■will rise and stand until § 916. Form of counted. question for vote And after tho count of the affirmative : by division. The ayes will be seated and the noes will stand. If tellers are ordered : « 91! Form of "^^^ gentleman from , Mr. , and the putting the gentleman from , Mr. — '■ , will take theii' qnestlon for vote places as tellers. As many as are in favor (as the by tellers. question may be) will now pass between the tell- ers and be counted. After those in the affirmative have been counted the tellers report the number and the Chair announces it to the House; after which he announces: As many as are opposed will now pass between the tellers and be counted. [423] FORMS. §§ 918-921. The number of those in the negative is reported, after which there is an opportunity for additional Members to vote on either side, the tellers reporting the additions. Then the Chair reports the vote. If the yeas and nays are ordered : J 918. Form of ^^ many as are in favor (as the question may be) will, putting the as their names are called, answer "Yea;" as many as question for a vote are opposed will answer "Nay." The Clerk will call by yeas and nay 6. ^jjg j.g|j Form for putting the previous question: § 919. Form of "^^^ gentleman from demands ike previous putting the question. Ag many as are in favor of ordering the pre- qnestlon on the viouB question will say "Aye;" as many as are previous question. opposed will say "No." Form of putting the question on the vote to pass § 920. Form of a bill retumed with the President's Zf^tnl: objections: pass g a ve oed -^jjj ^j^^ gQ^gg qjj reconsideration agree to pass the bill, the objections of the President to the coptrary notwithstanding? As many as are in favor, etc. OF PETITIONS. The House has never adopted any form for peti- § 931. Various tions, and petitioners have used various forms of petitions. form«! • To the House 6/ Representatives of the United States: Your petitiiners, citizens of the United States and residepts of , respectfully represent, etc. [Here follow signatiires.l [424] FORMS. |§ 922-924. To the House of Representatives of the United States of America in Congress assembled: Your petitioners [description, place of residence, etc.] humbly petition tor legislation to provide . For this your petitioners do ever pray. Very respectfully, your obedient servants, [Here follow signatures.] To the House of Representatives of the United States: We, your petitioners, residents of , , respectfully request that . [Here follow signatures.] On the outside of each petition should be indorsed : Petition of [name of first petitioner] and other residents of , , praying for . or a similar indorsement, which shall describe the petitioners, state their numbers, and give the sub- stance of their prayer. OF ORDERS, RESOLUTIONS, AND BILLS. Form of an order: § 922. Form of Ordered, That the hour of daily meeting of the House orders. shall be 12 m. Form of a simple resolution of the House : § 928.^ Form of Resolved, That the House declines to consider any '•"Pl* bill which violates its constitutional prerogative of rosolntlons of the . . ,. i,.,, jj g originating revenue bills. Form of a concurrent resolution for adjournment of Congress sine die : Resolved by the House of Representatives {the Senate § 924. Forms of concurring), That the President of the Senate and the concurrent *';' , _-r - ^^ . , , . , resointions; and Speaker of the House of Representatives be authorized for adjournment to close the present session by adjourning their respec- slne die and for ^i^g Houses on the day of , , at a recess. , , , oclock. '—12 28 [425] FOEMS. |§ 925-927. Form of concurrent resolution for a recess of Con- gress : Resolved by the House of Representatives {the Senate concurring), That when the two Houses adjourn on , , they Btand adjourned until 12 o'clock meridian, , , ■ Form of joint resolutions: JOINT EESOLUTION § 925. Form of Joint resolutions. Authorizing, etc. [as the title may be]. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That all, etc. The title is also indorsed on the back of the joint resolution with the name of the Member introducing it and the committee to which it is referred. Form of bills : § 926. Form of ^ ^^^^ bills. Por the establishment, etc. [as the title may be]. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, etc. OF REPORTS PROM COMMITTEES. Form of report from Committee of the Whole: § 927. Form of The CommitteB of the Whole having commute™s™of risen and the Speaker having taken the the whole. Chair, the Chairman takes his place in the area in front of the Clerk's desk, and says: Mr. Speaker, the Committee of the Whole House [or Whole House on the state of the Union, as the case may be] have had under consideration the bill [giving number and title] and have directed me to report the same with amendments, with the recomnlendation that the amendments be agreed to and that the bill do pass. [426] FORMS. §§ 92S,929. If there are no amendments, or if several bills are reported at once, or if the Committee of the Whole recommend that a bill do not pass or be laid on the table, the report is modified accordingly. If the Committee of the Whole have not concluded consideration, the Chairman reports that " they have come to no resolution thereon." As soon as the Chairman has reported to the Speaker, the latter repeats the report to the House, beginning: The gentleman from , Chairman of the Committee of the Whole House [or Whole House on the state of the Union] reports that that commit- tee have had under consideration, etc. Form of report from a standing or select com- mittee : The Committee on to whom was referred the bill (H. R. 1010) 5 928. Form of "*° provide," etc., having considered the same, report reports from it to the House [with amendments specified, if there standing or be any] with the recommendation that it do pass [or select committees. ^^ ^^^ p^_ ^^ y^^ ja^j^ ^^ the table, etc.]. Reports often embody arguments or statements of facts in addition to the recommendations of the committee. The general form of a report of a committee of conference is as follows: , „„„ Yalta of '^'^® committee of conference on the disagreeing reports from votes of the two Houses on the amendments of the managers of Senate to the bUl (H. R. 10) "making appropriations," conferences. ^^^^ having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its amendment numbered . [427] FORMS. § 930. That the House recede from its disagreement to the hmendment of the Senate numbered and agree to the same. That the House recede from its disagreement to the amendment of the Senate numbered and agree to the same with an amendment as fol- lows: etc., and the Senate agree to the same. That the House recede from its amendment to the amendment of the Senate numbered . Managers on the part of the House. Managers on the part of the Senate. [On the duplicate copy which, is presented in the Senate the names of the Senate managers are placed first]. The written statement accompanying a conference § 9S0. Form of report need not preserve regularity as fcc"yins a ^o f orm SO long as it embodies a fairly conference report, compreheuslve Statement of the effect of the settlement in conference. In general the form most approved is : The managers on the part of the House at the conference on the disa- greeing votes of the two Houses on the amendments of the Senate to the bill (H. R. ) making, etc., submit the following written statement explaining the effect of the action agreed on: etc. Managers on the part of the House. [4281 FORMS. §§ 9S1-988. OF BESOLUTION PROVIDING FOR AN INVESTIGATION. Resolved, That the Speaker appoint a select committee of members § 981. Form of °^ *^^ House, and that such committee be instructed resolutions to inquire into — '■ , and for such purposes it shall directing . have power to send for persons and papers and ad- Investlgatlons. minister oaths, and shall have the right to report at any time. The expenses of said inquiry shall be paid out of the contin- gent fund of the House upon vouchers approved by the chairman of said cotomittee, to be immediately available. [The portion empowering the committee to administer oaths is probably superfluous, as the statutes empower the Speaker, the § 932. Adminis- Chairman of the Committee of the Whole or of any other tratlon of oaths to ., , _ , , _ , . . witnesses. committee, and any member of the House to admmister oaths to witnesses in any case under examination (III, 1769); and ia the later practice it has been settled that the authority to administer oaths should be given by law rather than by rule of either House (III, 1823, 1824, 2081, 2162, 2294, 2303). The provision for payment of expenses out of the contingent fund is more properly made the subject of a separate resolution, which should be considered by the Committee on Ac- coimts, while the portion ordering the investigation is considered by the Committee on Rules. But frequently the Committee on Rules reports on both propositions, although their report in such a case is necessarily subject to a point of order. ] OF SPECIAL ORDER FOR CONSIDERATION OF A BILL. Resolved, That immediately upon the adoption of this resolution the 5 9SS Form of House shall proceed to consider the bill (H. R. ) a special order entitled, etc., and at the end of hours a vote for consideration shall be taken on all pending amendments and on the •"■ * ™- bill to final passage . [This is merely an illustration of the general form of such orders. They vary greatly according to the nature of the bill to be considered and other considerations. For forms to suit varying conditions, see IV, 3231-3265.] [429] FORMS. §984. OF LETTERS OF RESIGNATION. If a Member resigns directly to the House he may do so by a letter in this form: Washington, D. C, • — , . Sib: I hereby resign my office as Representative in § 9S4. Forms of the Congress of the United States from the dis- 'relf^aHon *™* °^ • res gna on. With great respect, your obedient servant, Hon. , Speaker of the House of Representatives. When a resignation is tendered in this manner, the House orders the Speaker to inform the governor of the State of the resignation. Members more frequently resign by transmitting a letter of resignation directly to the executive of the State, in which case a letter is sent to the Speaker in form as follows : Washington, D. C, , . Sik: I beg leave to inform you that I have this day transmitted to the governor of my resignation as a Representative in the Congress of the United States from the district of . Hon. Speaker of the House of Representatives. The letter to the governor may be in form as follows : His Excellency ■ Governor of- Sik: I hereby tender to you my resignation as a Member of the House of Representatives in the Congress of the United States from the dis- trict of . [430] FORMS. § 935. OP CEREMONIES FOR DECEASED MEMBERS. The death of a Member, when it occurs during a § 985. Resolutions SBSsion of Congress, is announced to the on death of a House bv a coUeague, who presents Representative. , . . i /. i resolutions in general form as follows: 1. Resolved, That the House has heard with profound sorrow of the death of Hon. , a Representative from the State of . 2. Resolved, That a committee of Members of the House, with such Members of the Senate as may be joined, be appointed to attend the funeral. 3. Resolved, That the Sergeant-at-Arms of the House be authorized and directed to take such steps as may be necessary for carrying out the pro- visions of these resolutions, and that the necessary expenses in connection therewith be paid out of the contingent fund of the House. 4. Resolved, That the Clerk communicate these resolutions to the Senate and transmit a copy thereof to the family of the deceased. These resolutions having been agreed to, and the Speaker having appointed the committee, the Mem- ber then offers the following: 5. Resolved, That, as a further mark of respect, this House do now adjourn. The death of a Member during the recess of Con- gress is usually announced by a colleague at the be- ginning of the next session, and resolutions in form similar to those numbered one, four, and five are offered. Sometimes several such announcements are made at once, and a single adjournment is taken for all. [431] FORMS. § 9S6,987. The death of a Senator is announced to the House only by message frona the Senate: and § 9S6. Besolutlons », . , J^, , i , . on the death of a after receipt of the message, resolutions Senator. • c r ti t j. i in form as follows are adopted: Resolved, That the Hous^has heard with profound sorrow of the death of the Hon. ^ , a Senator of the United States from the State of. — , , Resolved, That the Clerk communicate these resolutions to the Senate and transmit a copy thereof to the family of the deceased Senator. Resolved, That a committee of Members be appointed on the part of the House to join the committee appointed on the part of the Senate to attend the funeral. ■ Resolved, That as a fmther m^k of respect the House now adjourn. At an appropriate time after the death of a Member a colleague offers an order : / § 9S7. Memorial Ordered, That -—, the day of , at exercises la honor o'clock, be set apart for addresses on the litei of a deceased character, and public services of Hofl. — , ' Me™'""'- late a Representative from the State of . The day thus set apart having arrived, a colleague offers the following : Resolved, That the business of the House be now suspended, that oppor- tunity may be given for tributes to the memory of Hon. , late a Member of this House from the State of . Resolved, That as a particular mark of respect to the memory of the deceased, and in recognition of his distinguished public career, the House, at the conclusion of these exercises, shall stand adjourned. Resolved, That the Clerk communicate these rosoljitions tp the Senate. Resolved, That the Clerk send a copy of these resolutions to the family of the deceased. [432] BILLS. [433] § 9S8. STAGES OF A BILL OF THE HOUSE. 1. Introduction: By a Member by laying the bill on the Clerk's table informally. A s 938. Introdnc- Member sometimes introduces a petition only, leaving tlon of a bill and to the committee the drawing of a bill, such a petition Its progress to referred to a committee having jurisdiction of the sub- nnal passage. jg^,). giving authority to report a bill. Sometimes com- munications addressed to the House from the executive departments or from other sources are referred to committees by the Speaker and give authority for the committees to originate bills. Messages from the President also are referred by the Speaker or the House and give jurisdiction to the committees receiving them to originate bills. 2. Reference to a standing or select committee: Public bills are referred under direction of the Speaker; private bills are indorsed with the names of the committees to which they go under the rule by the Members introducing them. Senate bills are referred under direction of the Speaker. A bill is numbered and printed when referred. 3. Reported from the committee: Committees having leave to report at any time make their reports from the floor; other committees make their reports by laying them on the Clerk's table informallv. The bill and the report are printed when reported. 4. Placed on the Calendar: Occasionally a privileged bill is considered when reported; but usually it is placed wifli the imprivileged bills on the Calendar where it belongs under the rule by direction of the Speaker. [435] BILLS. 9SS. 5. Consideration in Committee of the Whole: Public bills which do not raise revenue or make or authorize appropriations of money or property do not go through this stage. All other bills are considered in Committee of the Whole. The stages of consideration in Committee of the Whole are: General debate; reading for amendment under the five-minute rule; order to lay aside with a favorable recommendation, or to rise and report; reporting of to the House. 6. Reading a second time in the House: Bills not requiring consideration in Committee of the Whole are read a second time in full, after which they are open to debate and amendment in any part. Bills considered in Committee of the Whole are read a second time in full in that committee and when reported out, with or without amendments, are not read in full again, but are subject to further debate or amendment in the House unless the previous question is ordered at once. 7. Engrossment and third reading: The question on House bills is taken on ordering tlie engrossment and third reading at one vote. If decided in the affirmative, the reading a third time usually takes place at once, by title. But any Member may demand the reading in full of the engrossed copy, in which case the bill is laid aside until it can be engrossed. Senate bills come to the House in engrossed form, and the question is put on third reading alone. When the question on engrossment and third reading of a House bill or third reading of a Senate bill is decided in the negative, the bill is lost as much as if defeated on the final passage. The question on engrossment and third reading is not made from the floor, but is put by the Speaker aa a matter of coiuBe. 8. Passage: The question on the passage of a bill is put by the Speaker as a matter of course, without awaiting a motion from the floor. 9. Transmission to the Senate by message. 10. Consideration by the Senate: In the Senate House bills are usually referred to committees for consideration and report, after which they have their several read- ingB> with opportunities for debate, and amendment. The same procedure takes place in the House aa to bills sent from the Senate. [436] BILLS. § »«S. 11. Return of, from the Senate without amend- ments : If the Senate passes a House bill without amendment it returns it to the House, where it is at once enrolled on parchment for signa- ture. A bill thus passed without amendment goes into possession of the clerk, and is not laid before the House prior to enrollment. If the Senate rejects a House bill the House is informed. Similar procedure occiu:s when the House passes a Senate bill without amendment. 12. Return of, from the Senate with amendments : House bills returned with Senate amendments go to the Speaker's table. If any Senate amendment requires consideration in Com- mittee of the Whole the bill is referred by the Speaker informally to the standing committee having jurisdiction, and when that com- mittee reports the bill with recommendations it is referred to Com- mittee of the Whole House on the state of the Union, to be there considered and reported to the House itself. When no Senate ^ amendment requires consideration in Committee of the Whole the bills come before the House directly from the Speaker's table. 13. Consideration of Senate amendments by the House : When a bill with Senate amendmenta comes before the House, the House takes up each amendment by itself and may vote to agree to it, agree to it with an amendment, or disagree to it. If it disagrees it may ask a conference with the Senate or may send notice of its dis- agreement, leaving it to the Senate to recede or insist and ask the conference. 14. Settlement of differences by conference : When disagreements are referred to conference, the managers em- body their settlement in a report, which is acted on by each House as a whole. When this report is agreed to the bill is finally passed, and is at once enrolled for signature. 15. Enrollment on parchment: The House in which a bill originates enrolls it. [437J BILLS. § 988. 16. Examination by the Committee on Enrolled BiUs: While the Committee on Enrolled Bills is described as a joint com- mittee, each branch acts independently. The chairman of each branch affixes to the bills examined a certificate that the bill has been found truly enrolled. 17. Signing by the Speaker and President of the Senate : The enrolled bill is first laid before the House of Representatives and signed by the Speaker, whether it be a House or Senate bill, after which it is transmitted to the Senate and signed by the president of that body. 18. Transmittal to the President of the United States : , The Chairman of the Committee on Enrolled Bills for each House carries the bills from his House to the President. In the House of Representatives a report of the bills taken to the President each day is made to the House and entered on its Journal. 19. Approval by the President: If the President approve he does so with his signature. 20. Disapproval by the President : When the President disapproves a bill he returns it to the House in which it originated, with a message stating that he disapproves, and giving his reasons therefor. 21. Action on when returned disapproved: The House to which a disapproved bill is returned has the message read and spread on its Journal. It may then consider at once the question of passing the bill notwithstanding the President's objec- tions, or may postpone to a day certain, or refer to a committee for examination. The vote on passing the bill, notwithstanding the President's objections, must be carried by two-thirds. If the bill fails to pass in the House to which it is returned it remains there; but if it passes it is sent to the other House for action. 22. Filing with the Secretary of State: When approved by the President a bill is deposited in the office of the Secretary of State; and when the two Houses have passed a bill, notwithstanding the President's objections, the presiding officer of the House which acts on it last transmits it to the Secretary of State. [438] MISCELLANEOUS. [439] MISCELLANEOUS. §§ 939, 940. The franking privilege is established and regulated by law: § 989. The frank- -^ tag privilege. No allowance is made the Member for postage (R. S. sec. 44); but Members and Delegates and the Clerk may send and receive free through the mail all public documents printed by order of Congress, the name of the user and designation of the office being written thereon, this privilege continuing until the 1st day of Decem- ber following the expiration of the user's term of office (19 Stat. L., p. 336; 20 Stat. L., p. 10). The Congressional Record or any part thereof, or speeches or reports contained therein, may, under the frank of a Member or Delegate, to be written by himself, be carried free under such regu- lations as the Postmaster General may prescribe (18 Stat. L., p. 343). Seeds transmitted by the Commissioner of Agriculture, or by any Member or Delegate receiving seeds from the department for transmission, are sent free in the mails under frank, and this privilege applies to ex-Members and ex-Delegates for a period of nine months after the expirations of their terms (18 Stat. L., p. 343). The Public Printer furnishes to the Depart- ment of Agriculture for the use of Members franks for the transmission of seeds (32 Stat. L., pp. 741, 742). Members, Members-elect, Delegates, and Delegates-elect may send free through the mails, under their franks, any mail matter to any government official or to any person, correspond- ence not exceeding 2 ounces in weight, upon official or departmental business (28 Stat. L., p. 622; 26 Stat. L.,.p. 1081; 30 Stat. L., p. 443). The government telegraph lines may be used by Members and officers of Congress solely on public business (18 Stat. L., p. 20). The assignment of rooms in the office building of S940. Assignment ^^^ House of Representatives is regu- of rooms ta the lated by the law of May 28, 1908 (35 Stat. L., p. 578), which provides: That the assignment of rooms in the office building of the House of Representatives, which shall hereafter be designated as the House Office Building, heretofore made by resolution or order of the House of Repre- sentatives, shall continue in force until modified or changed in accordance with the provisions of this resolution, and the room so assigned to any Representative shall continue to be held by such Representative as his individual office room so long as he shall remain a Member or Member- elect of the House of Representatives, or until he shall relinquish th*e same, subject, however, to the provisions of this resolution, and no Representa- tive shall allow his office room to be used for any other purpose. 69373°— 12 ^29 [441] MISCELLANEOUS. § 940. Any Member or Member-elect of the House of Representatives may file with the Superintendent of the Capitol Building and Grounds a request in writing that any individual office room be assigned to him whenever it shall become vacant. If only one such request has been made for any room which shall at any time have become vacant, the room shall be assigned as requested. If two or more requests are made for the same vacant room, preference shall be given to the Representative making the request who hafl been longest in continuous service as a Member and Member-elect of the House of Representatives. If two or more Representatives with equal length of continuous service, or two or more Representatives-elect make request for the same room, preference shall be given to the one first pre- ferring his request. A Representative or Representative-elect making request for the assignment of a vacant room may withdraw the same at any time and no one shall have pending at the same time more than one such request. The assignment of a new room to a Representative, upon his request, or the appointment of. any Representative having an individual office room as chairman "of a committee having a committee room, shall act as a relinquishment by him of the room previously assigned to him. Representatives having rooms assigned to them in the foregoing manner may exchange rooms one with another, but such exchange shall be valid only so long as both Members making the exchange shall remain continu- ously Members or Members-elect of the House of Representatives. The Superintendent of the Capitol Building and Grounds shall keep a record of the assignment of rooms heretofore or hereafter made, exchanges which may be made, requests for vacant rooms which may be filed, and the assignment thereof, which record shall be open for the inspection of Repre- sentatives or Representatives-elect of the House. In the matter of the assignment of rooms under this resolution. Delegates in Congress and the Commissioners from Porto Rico and the PhiUppiiie Islands shall foe treated the same as Representatives. The assignnient and reassignment of the rooms and other space in the House Office Building shall be subject to the control of the House of Repre- sentatives by rule, resolution, order, or otherwise. Nothing in this resolu- tion shall be construed to affect or repeal the provisions of law heretofore enacted placing said House Office Building imder the control of the Super- intendent of the Capitol Building and Grounds, subject to the approval and direction of the Commissions provided for respectively in the act of March third, nineteen hundred and three, and the act of March fourth, niaeteen hundred and seven. Unoccupied space in said building shall be assigned by tlie Superinten- dent of the Capitol Building and Grounds under the direction of the Com- mission and subject to the control of the House of Representatives, [442] Dlstrlbntlon of Pnb. Docs. •SUOIJB39T: MISCELLANEOUS. § 941 s ss •ss8j3noo JO Arejqn 01 O) IN C4 U3 ■pop JO jnapna^ntiadng •Bjqnmioo JO jOFHsicr 9IH JO sianotsstnnnOQ lO m lA lA •nois -srarmoQ aoiAjag itAjp in us -noissinnnoo •nop m m in »o •JOqEI pOB 90J9III -mop JO tn9m}jEdaci m m lo in aoijetif JO jnainnBdao: in in :s ■%uava '}n9ni:)JBd9(X Jou9:)iix in m in m •}Ti9nir)jBd9(i jSabn in m , in •jnannJBdaa ^M. ■jnarajjBdaa jCmssajj, in m m mo •4Ti9raiJBd9a 9}B}g s s •noisaeji 9AHti09xa C4ff4 C4 N C4 CI CI £4 CI C4 C4 ■a^snas 9ij} jo ijB}9J09s o m mom 'mooj itnatanaop aj^nag oo m M m ^ ^ r^^ CI d m moo e^ CO in o C4 rnm r-l •asnoH am jo 3[jaio niooj juainnoop 9snoH s s s s «f ! 35 :« o .£■3, US s as ■■So^S'S^ sss^ia ■feS 9 If ; IB 3 , 3 m © at ill :l|'g.;3 So 2 a i§-2 S « S ffl«s;;7s« a g S s g HoiM cQ Jill- 1ll ^1' So • -I wsf||l| 5 ■*■> +s d B ffl [443] MISCELLANEOUS. §941A. [Public— No. 32.] [H. R. 2958.] An act to amend an act entitled "An act providing for publicity of contributions made for ^ ^iMt^^^r^^" *^^ purpose of influencing elections at which Representatives in Congress are elected," and extending the same to candidates for nomination and election to the offices of Representa- tive and Senator in the Congress of the United States and limiting the amount of campaign expenses. Be it enacted by the Senate and House of Representatives of the United States of Americain Congress assembled, That sections five, six, and eight of an Act entitled "An Act providing for publicity of contributions made for the pur- pose of influencing elections at which Representatives in Congress are elected," approved June twenty-fifth, nineteen hundred and ten, be, and the same are hereby, amended to read as follows: "Sec. 5. That the treasurer of every such political committee shall, not more than fifteen days and not less than ten days next before an election at which Representatives in Congress are to be elected in two or more States, file in the office of the Clerk of the House of Representatives at Washington, District of Columbia, with said Clerk, an itemized detailed statement; and on each sixth day thereafter until such election said treasurer shall file with said Clerk a supplemental itemized detailed statement. Each of said statements shall conform to the requirements of the following section of this Act, except that the supplemental statement herein required need not con- taia any item of which publicity is given in a previous statement. Each of said statements shall be full and complete, and shall be signed and sworn to by said treasurer. "It shall also be the duty of said treasurer to file a similar statement with said Clerk within thirty days after such election, such final statement also to be signed and sworn to by said treasurer and to conform to the requirements of the following section of this Act. The statements so filed with the Clerk of the House shall be preserved by him for fifteen months and shall be a part of the public records of his office and shall be open to public inspection. "Sec. 6. That the statements required by the preceding section of this Act shall state : *" [444] MISCELLANEOUS. §9«A. "First. The name and address of each person, firm, association, or com- mittee who or which has contributed, promised, loaned, or advanced to such political committee, or any oflScer, member, or agent thereof, either in one or more items, money or its equivalent of the aggregate amount or value of one hundred dollars or more, and the amount or smn contributed, promised, loaned, or advanced by each. "Second. The aggregate sum contributed, promised, loaned, or advanced to such political committee, or to any officer, member, or agent thereof, in amounts of less than one hundred dollars. "Third. The total sum of all contributions, promises, loans, and advances received by such political committee or any officer, member, or agent thereof. "Fourth. The name and address of each person, firm, association, or com- mittee to whom such political committee, or any officer, member, or agent thereof, has distributed, disbtu-sed, contributed, loaned, advanced, or promised any sum of money or its equivalent of the amount or value of ten dollars or more, stating the amount or sum distributed, disbursed, con- tributed, loaned, advanced, or promised to each, and the pinpose thereof. "Fifth. The aggregate sum distributed, disbursed, contributed, loaned, advanced, or promised by such political committee, or any officer, member, or agent thereof, where the amoimt or value of such distribution, disburse- ment, loan, advance, or promise to any one person, fiim, association, or committee in one or more items is less than ten dollars. "Sixth. The total sum disbursed, distributed,, contributed, loaned, ad- vanced, or promised by such political committee, or any officer, member, or agent thereof." "Sec. 8. That any person may in connection with such election incur and pay from his own private funds for the purpose of influencing or con- trolling, in two or more States, the results of an election at which Repre- sentatives to the Congress of the United States are elected, all necessary personal expenses for his traveling, for stationery, and postage, and for telegraph and telephone service without being subject to the provisions of this Act." Sec. 2. That section eight, as above amended, and sections nine and ten of said act be renumbered as sections nine, ten, and eleven, and that a new section be inserted after section seven of the said original act, to read as follows: "Sec. 8. The word 'candidate' as used in this section shall include all persons whose names are presented for nomination for Representative or Senator in the Congress of the United States at any primary election or nominating convention, or for indorsement or election at any general or [445] MISCELLAITEOUS. §911A. special election held in connection with the nomination or election of a per- son to fill such office, whether or not such persons are actually nominated, indorsed, or elected. "Every person who shall be a candidate for nomination at any primary election or nominating convention, or for election at any general or special election, as Representative in the Congress of the United States, shall, not less than ten nor more than fifteen days before the day for hold- ing such primary election or nominating convention, and not less than ten nor more than fifteen days before the day of- the general or special election at which candidates for Representatives are to be elected, file with the Clerk of the House of Representatives at Washington, District of Columbia, a full, correct, and itemized statement of all moneys and things of value received by him or by anyone for him with his knowledge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part; and such statement shall contain a true and itemized account of all moneys and things of value given, contributed, expended, used, or promised by such candidate, or by his agent, representative, or other person -for and in his behalf with his knowledge and consent, together with the names of all those to whom any and all such gifts, contributions, pajrments, or promises were made, for the purpose of procuring his nomination or election. "Every person who shall be a candidate for nomination at any primary election or nominating convention, or for indorsement at any general or special election, or election by the legislature of any State, as Senator in the Congress of the United States, shall, not less than ten nor more than fifteen days before the day for holding such primary election or nominating convention, and not less than ten nor more than fifteen days' before the day of the general or special election at which he is seeking indorsement; and not less than five nor more than ten days before the day upon which the first vote is to be taken in the two houses of the legislature before which he is a candidate for election as Senator, file with the Secretary of the Senate at Washington, District of Columbia, a full, correct, and itemized state- ment of all moneys and things of value received by him or by anyone for him with his knowledge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part; and such statement shall contaia a true and itemized account of all moneys and things of value given, contributed, expended, used, or promised by such candidate, or by his agent, repre- sentative, or other person for and in his behalf with his knowledge and con- sent, together with the names of all those to whom any and all such gif te, contributions, payments, or promises were made for the purpose of procuring his nomination or election. [446] MISOELLANEOXTS. §»41A, "Every such candidate for uomina'tion at any primary election or noni" inating conventiou, or for indorsement or election at any general or special election, or for election by the legislature of any State, shall, williin fifteen days after such primary election or nominating conventidn, and within thirty days after any such general or special election, and within thirty days after the day upon which the legislature shall have elected a Senator, file with the Clerk of the House of Representatives or with the Secretary of the Senate, as the case may be, a full, correct, and itemized statement of all moneys and things of value received by him or by anyone for him with his knowl- edge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the sanie in whole or in part; and such statement shall contain a true and itemized account of all moneys and things of value given, contributed, expended, used, or promised by such candidate, or by his agent, representative, or other, person for and in his behalf with his knowledge and consent, up to, on, and after the day of such primary election, nominating convention, general or special election, or election by the legislature, together with the names of all those to whom any and all such gifts, contributions, payments, or prom- ises were made for the purpose of procuring his nomination, indorsement, or election. "Every such candidate shall include therein a statement of every promise or pledge made by him, or by any one for him with his knowledge and consent or to whom he has given authority to make any such promise or pledge, before the completion of any such primary election or nominating convention or general or special election or election by the legislature, rela- tive to the appointment or recommendation for appointment of amy person to any position of trust, honor, or profit, either in the county, State, or Nation, or in any political subdivision thereof, or in any private or corporate employment, for the piirpose of procuring the support of such person or of any person in his candidacy, and if any such promise or pledge shall have been made the name or names, the address or addresses, and the occupation or occupations, of the person or persons to whom such promise or pledge shall have been made, shall be stated, together with a description of the position relating to which such promise or pledge has been made. In the event that no such promise or pledge has been made by such candidate, that fact shall be distinctly stated. "No candidate for Representative in Congress or for Senator of the United States shall promise any oflBce or position to any person, or to use his influence or to give hie support to any person for any oflSce or position for the purpose of procuring the support of such person, or of any person, in his candidacy; nor shall any candidate for Senator of the United States [447] MISCELLANEOUS. §941A. give, contribute, expend, use, or promise any money or thing of value to assist in procuring the nomination or election of any particular candidate for the legislature of the State in which he resides, but such candidate may, within the limitations and restrictions and subject to the requirements of this act, contribute to political committees having charge of the disb'urse- ment of campaign funds. "No candidate for Representative in Congress or for Senator of the United States shall give, contribute, expend, use, or promise, or cause to be given, contributed, expended, used, or promised, in procuring his nomi- nation and election, any sum, in the aggregate, in excess of the amount which he may lawfully give, contribute, expend, or promise under the laws of the State in which he resides: Provided, That no candidate for Repre- sentative in Congress shall give, contribute, expend, use, or promise any sum, in the aggregate, exceeding five thousand dollars in any campaign for his nomiaation and election; and no candidate for Senator of the United States shall give, contribute, expend, use, or promise any sum, in the aggre- gate, exceeding ten thousand dollars in any campaign for his nomination and election: Provided further, That money expended by any such candi- date to meet and discharge any assessment, fee, or charge made or levied upon candidates by the laws of the State in which he resides, or for his nec- essary personal expenses, incurred for himself alone, for travel and subsis- tence, stationery and postage, writing or printing (other than in newspapers), and distributing letters, circulars, and posters, and for telegraph and tele- phone service, shall not be regarded as an expenditure within the meaning of this section, and shall not be considered any part of the sum herein fixed as the limit of expense and need not be shown in the statements herein required to be filed. "The statements herein required to be made and filed before the general election, or the election by the legislature at which such candidate seeks election, need not contain items of which publicity is given in a previous statement, but the statement required to be made and filed after said gen- eral election or election by the legislature shall, in addition to an itemized statement of all expenses not theretofore giveli publicity, contain a sum- mary of all preceding statements. "Any person, not then a candidate for Senator of the United States, who shall have given, contributed, extended, used, or promised any money or thing of value to aid or assist in the nomination or election of any particular member of the legislature of the State in which he resides, shall, if he there- after becomes a candidate for such office, or if he shall thereafter be elected to such office without becoming a candidate therefor, comply with all of the provisions of this section relating to candidates for such office, so far as the [448] MISCELLANEOUS. § 941A. same may be applicable; and the statement herein required to be made, verified, and filed after such election shall contain a full, true, and itemized , account of each and every gift, contribution, expenditure, and promise whenever made, in any wise relating to the nomination or election of mem- bers of the legislature of said State, or in any wise connected with or per- taining to his nomination and election of which publicity is not given in a previous statement. ' ' Every statement herein required shall be verified by the oath or aflSrma- tion of the candidate, taken before an ofScer authorized to administer oaths; and the depositing of any such statement in a regular post office, directed •to the Clerk of the House of Representatives, or to the Secretary of the Senate, as the case may be, duly stamped and registered, within the time required herein, shall be deemed a suflacient filing of any such statement under any of the provisions of this Act. "This Act shall not be construed to annul or vitiate the laws of any State, not directly in confiict herewith, relating to the nomination or election of candidates for the offices herein named, or to exempt any such candidate from complying with such State laws." Approved, August 19, 1911. Amended, August 23, 1912. [449] IMPORTANT DECISIONS. [451] IMPORTANT DECISIONS. §942. Ruling by Speaker Clark June 13, 1912, on power §»*2 of conferees on conference report on Army appropriation bill, sustaining conference report : On page 20 of the bill, in line 11, the House inserted a provision: "For travel allowance to enlisted men on discharge, $900,000." The Senate added a proviso: "Provided, That hereafter when an enlisted man who is enlisted on or before July 1, 1912, is discharged from the service, except by way of punish- ment for an offense, he shall be entitled to transportation in kind, etc." All that the conferees did to that Senate amendment was, in liae 1 of the amendment, after the word "man," to strike out all down to and including the comma after the word "twelve"; and those words are: "Who is enlisted on or after July 1, 1912." All that that does is simply to broaden it, and it is not a parliamentaiy question. It is a question for the court to decide whether those men are entitled to the pay they otherwise would have received. The Chair there- fore overrules the point of order. On page 38 of the bill the House inserted a proviso, begioning on line 12, as follows: " Provided further, That no part of this appropriation shall be expended at any Army post which the Secretary of War has decided or may decide to abandon in the interest of the service." The Senate struck that out. The conferees then inserted a proviso on the same subject, appointing a commission to inquire into and advise the Secretary of War, or anybody seeking information upon that subject, what Army posts should be abandoned; and the rest of the proviso is simply detail thereof. It has been repeatedly held— I do not know by how many Speakers, but by more than one — ^that in a case like that, where there is no departure from the subject matter— and the subject matter in this case is the abandonment of Army posts, and the reciting of 25 Army posts was simply a detail — a commission might be appointed. The Chair calls atten- tion to one case where a bill was brought in providing for the construction of a public road. The conferees changed that so as to appoint a commission for a survey of the public road. That was held to be in order. The subject matter of this amendment or proposition is the abandonment of Army posts. The matter that the conferees put into it, is simply a detailed arrangement of how to get at abandoning the Army posts. The Chair therefore overrules that poiat of order. [453] IMPORTANT DECISIONS. §942. The next point of order is the one made to section 6, which treats of the consolidation of the establishments of the Adjutant General, the Inspector General, and the Chief of Staff. It is a very long section. It fixes the term, among other tnings, of the Chief of Staff. It fixes the length of recess, if the Chair may be permitted to use that term, that any man who holds that position shall take from that office. It may be that it is simply the reenactme^t of an existing statute; if it is not, it is very close to it. Now, it treats of the subject of the General Staff arid the Chief of Staff. The Chair has nothing to do, as the Chair stated to the gentleman from Indiana [Mr. Crumpacker], with the motives or quarrels that have been going on in the War Department about the Chief of Staff and several other things. It does not make any difference how it got in, ard it does not make any difference, so far as the parliamentary situation is con- cerned, as to the effect of it on individuals. The only question is whether this matter, inserted by the conference committee, is germane to the propo- sition touching the Chief of Staff. The Chair thinks it is, and the point of order is overruled. After further debate, The Speaker. The reason why the Chair invited argument upon this amendment is that day before yesterday, when the gentleman from Illinois [Mr. Prince] made his points of order, he very kindly, at the suggestion of the Chair, furnished the Chair with a copy, and the Chair had Judge Crisp, parliamentary secretary, hunt up the authorities and examine them. The Chair had formed somewhat of a general opinion, not fixed, but subject to revision, on the points of order suggested by the gentleman from IlUnois [Mr. Prince]; but this one, the most difficult of all of them, the gentleman from Illinois had not noted before, and it came on the Chair unexpectedly. The gentleman from Illinois [Mr. Prince] and Members holding his views have argued the question elaborately, and the truth is that the reason why the Chair invited gentlemen on the other side to argue it is that the Qiair was very much inclined at that time to hold with the gentleman from Illinois, and did not need any more instruction from that point of view. Now the whole matter has been argUed elaborateljr. The paragraph over which this controversy arises is subheaded "Water and sewers at military posts." The proviso which the House put in is as follows: "That no part of this appropriation shall be expended for permanent improvements at any of the following-named Army posts." Here follows a list of 25 Army posts, including Fort D. A. Russell. The Senate struck out the proviso, the gist of which is "permanent improve- ments." The conferees inserted the following words in lieu of the proviso: [454] IMPORTANT DECISIONS. §942. "Provided, That not exceeding $1,000 of the gum herein appropriated, together with the unexpended balance, which is hereby reappropriated, of the appropriation in the Army appropriation act approved March 3, 1911, for the improvement of the Crow Creek or Fort D. A. Russell target and maneuver reservation, Wyoming, may be expended by the Secretary of War, in his discretion, in the acquirement by purchase or condemnation proceedings of certain tracts of land required for the maneuvering of troops and other military purposes, lying within the limits of the aforesaid reser- vation." There are two general rules governing conferences. The first is that conferees can not inject into a bill an absolutely new subject, and the second is that what they do inject into a bill must be germane. The view of the Chair is that in the ordinary construction of language this proviso is sepa- rated entirely from the preceding part of this section. The paragraph is headed, "Water and sewerage at military posts." It treats of that. Then comes the proviso "That no part of this appropriation shall be expended for permanent improvements at any of the following-named Army posts." That introduces a brand-new subject, namely, permanent improvements. We have knowledge that what the House was trying to do, or preparing the way to do, was to get rid of these 25 posts. That was the view of the House. The bill went over to the Senate, and the Senate struck out that whole proviso. Some of us know, I think, how it came to be stricken out. Of course, it is not the business of the Chair to comment on the Senate or any Senator thereof, but when you consider what was put in at last it does not require a very difficult process of reasoning to find out how it happened to be put in. The House conferees had to agree to this proposition made by the Senate conferees, otherwise there would have been no agreement in conference. During the time that this exceedingly interesting debate has been going on various gentlemen have suggested various things and cited various authorities. So far as the Chair has been able to ascertain, the authorities he is going to read now seem to be very nearly in point, and these author- ities have largely influenced his opinion. In the second session of the Fifty-eighth Congress (Record, pp. 410-411 ; Journal, pp. 423^24) Mr. Speaker Cannon delivered a very elaborate opinion, and here is the rule which he laid down: "It is true that if the whole paragraph in the bill as it passed the House had been stricken out" — And that part of it is exactly what happened in this case— "and a substitute therefor proposed by the Senate"— That did not happen — "or if the Senate had stricken out the paragraph without proposing a sub- stitute, and the House had agreed to the amendments of the Senate, then [455] IMPORTANT DECISIONS. §§942,942A. the conferees might have had jurisdiction touching the whole matter and might have agreed upon any provision that would have been germane." That is the general rule, as Speaker Cannon laid it down, and it fits this case. Then in section 6422 of Hinds' Precedents — this is Speaker Car- lisle's decision. On August 3, 1886, the House had under consideration the report of the committee of conference on the river and harbor bill. Mr. William M. Springer, of Illinois, made the point of order that the con- ferees had included new matter in their report. The Speaker ruled: "The House passed a bill to provide for the improvement of rivers and harbors and making an appropriation for that purpose. That bill was sent to the Senate, where it was amended by striking out all after the enacting clause " — Now, that is exactly the same state of case as Mr. Speaker Camion passed on — "and inserting a different proposition in some respects, but a proposition having the same object in view. When that came back to the House it was treated, and properly so, as one single amendment, and not as a series of amendments, as was contended for by some gentlemen on the floor at the time. "It was nonconcurred in by the House, and a conference was appointed upon the disagreeing votes of the two Houses. That conference committee having met, reports back the Senate amendment as a single amendment with various amendments, and recommends that it be concurred in with the other amendments which the committee has incorporated in its report. The question, therefore, is not whether the provisions to which the gentle-, man from Illinois alludes are germane to the original bill as it passed the House, but whether they are germane to the Senate amendment which the House had under consideration and which was referred to the committee of conference. If germane to that amendment, the point of order can not be sustained on the ground claimed by the gentleman from Illinois. The Chair thinks they are germane to the Senate amendment, for, though dif- ferent from the provisions contained in the Senate amendment, they relate to the same subject, and therefore the Chair overrules the point of order." Ruling by Speaker Clark on power of conferees. §942A. Rendered on August 17, 1912, second session Sixty-second Congress, page 11176, on naval appropriation bill. Points of order sustained, which rejected report of conferees. [456] IMPORTANT DECISIONS. §942A. The House having under consideration the conference report on the bill (H. R. 24565) making appropriations for the naval service for the fiscal year ending June 30, 1913, and for other purposes, Mr. Fitzgerald made the point of order that the conferees have exceeded their authority by including matters in the report not in disagreement between the two Houses. After debate, The Speaker sustained the point of order, and said: There is no question at all in the mind of the Chair but that these points of order must be sustained. As it is a question which is liable to arise several times very soon, the Chair will state his position as to his understanding of it. The rule is this: That the conferees can not go beyond something that is in the original bill — ^that is proposition No. 1; or in the Senate amendment, and that is proposition No. 2; or in the House amendment to the Senate amendment, and that is proposition No. 3. That rule is as old as the 23d day of June, 1812, and it is barely possible that it is older. But, on the 23d of June, 1812, Henry Clay rendered an opinion of which that ie the substance. It has been stated variously by various Speakers. Speaker Crisp stated the matter with perfect clarity. In Hinds' Precedents, section 6408, volume 5, Speaker Crisp said: "The question for the Chair to determine is whether the amendment which has been agreed to and reported by the conference committee is germane to the amendment of the Senate or to the original bill. The amendment may not be germane to the original bUl, yet if it is germane to the Senate amendment the conference tommittee might report it. , "The Chair thinks that the practice of enlarging the powers of conference committees beyond the strict letter of the rule was wrong; that conferees ought to be held to the rule, and that amendments they propose in conference reports shall be germane either to the original text or to the amendment." Let us apply these principles to these points raised by the gentleman from New York [Mr. Fitzgerald]. Of course, everybody understands that the Chair is not ruling the way he would like towsee the bill go. The Chair would like to see mining operations started in Alaska in a proper way, but this is not the proper way to do it. Page 51, line 22, the language of the bill was: "That all officers authorized in this act, etc., shall receive." The conferees inserted, after the word "officers," the words "of the dental corps," so that it will read "All officers of the dental corps" shall do so and so. Mr. Speaker Cannon rendered an opinion involving that precise point. In volume 5, Hinds' Precedents, section 6417, the headlines or syllabi read as follows: 69373°— 12 30 [457] IMPORTANT DECISIONS. §942A. "Tte managers of a conference must confine themselves to the differences committed to them. Managers of a conference may not change the text to which both Houses have agreed.'' Of course that simply states the rule. Here is the case itself: "On March 7, 1904, Mr. Henry H. Bingham, of Pennsylvania, called up the conference report on the legislative appropriation bill. "Thereupon Mr. James R. Mann, of Hlinois, made the point of order that the managers of the conference had exceeded their authority in relation to a certain paragraph of the bUl, which, with the Senate amendments (which are italicized), appeared as follows in the printed copy: " 'No part of any money appropriated by this act shall be available for paying expenses of horses and carriages or drivers therefor for the personal use of any officer provided for herein by this act other than the President of the United States, the heads of executive departments, and the Secretary to the President.' " The conferees inserted the words "or any other" before the word "act," making it read "this or any other act," and also inserted the words "by this or any other act," so that it would read "for J;he personal use of any officer provided for by this or any other act, other than the President," and so forth. < Speaker Cannon said: "The managers have inserted between the words 'personal' and 'use' the words 'or official.' Mr. Mann insisted that this amendment of the text, to which both Houses agreed, was beyond the power of either House, and, consequently, beyond the power of the conferees, citing the precedent of April 23, 1902." , After debate. Speaker Cannon withheld his decision, evidently wanting to investigate the matter. Here is the sum and substance of Speaker Cannon's decision: "This provision in the conference report inserts legislation that never was before the House or before the Senate, and it was quite competent for the conferees, if they could do this, to have stricken out the whole paragraph and inserted anything that was.germane. They could have stricken out the words 'other than the President of the United States, the heads of execu- tive departments, and the Secretary to the President'; and while there were but two words inserted, the provision, if enacted into law, would be far- reaching and would run along the line of the whole public service." Now, that is just exactly this case as to this particular amendment. Speaker Cannon goes on to say: "As to the wisdom of such a provision, the Chair is not called upon to inti- mate any opinion. It is for the House and the Senate to determine Upon [458] IMPORTANT DECISIONS. §S9i2A,918. the wisdom of it, and, as the House and the Senate never have considered that proposition, the Chair is of opinion that the conferees exceeded their power, and therefore sustains the point of order." The second point of order is that on page 30, beginning with line 23 — and it does not make any difference as far as the parliamentary points are con- cerned how desirable it is to mine coal in Alaska. The Chair thinks it very desirable, and would agree with the gentleman from Missouri \Mx^ Shackle- ford] on the desirability of it; but that is neither here nor there. The language of the Senate amendment was: "That $75,000 of said sum, or so much thereof as may be necessary, may be used for the survey, investigation, and report upon coal and coal fields available for the production of coal for the use of the United States Navy, or any vessel of the United States." The conferees inserted a proposition for mining coal, and smely there is a wide difference in the proposition to survey, investigate, and report upon coal and coal fields and a proposition for the mining of coal. That point must also be sustained. In amendment 7, on page 5 of the bill, line 24, it is provided: "Hereafter any naval officer on the retired list may, in the discretion of the Secretary of the Navy, be ordered to such duty as he may be able to per- form at sea or on shore, and while so employed in time of peace shall receive the pay and allowances of an officer of the active list of the grade from which he was retired." The conferees inserted into that amendment these words, "of the Navy or Marine Corps," and also inserted the words, "with his consent," and made some other minor changes. The Chair may be wrong about it, but the Chair believes that the Navy and Marine Corps are two different institu- tions, and sustains the point of order in that regard. The point of order made against the conference report on amendment No. 87 is also sustained. So the four points of order made by the gentleman from New York are sustained. Ruling by Speaker Clark December 5, 1912, Sixty- second Congress, third session, on *^ germaneness of instructions contained in motion of Mr. Mann to recommit bill providmg for physical valuation of railroads. The Speaker. The Chair has investigated the parliamentary phase of this question fully. We have not anything to do here with the merits of the substance of the motion to recommit which was submitted by the gen- [459] IMPORTANT DECISIONS. § 948. tleman from Illinois [Mi. Mann]. If that proposition were submitted in a bill, or if the Chair thought it was germane, he would be very much in favor of it. It is not necessary in this opinion, but it is stated anyhow, that the issue of stocks and bonds by public-service corporations ought to be regulated by law. That, however, has nothing to do with this prelimi- nary question which is pending here now. The rule about motions to recommit is this: A proposition is not germane in a motion to recommit unless it would have been germane as an amend- ment to the bill. The authorities all run one way. I have investigated them carefully. The proposition laid down by the gentleman from Pennsylvania [Mr. Olm- sted] is partly correct and partly incorrect. It does not go to the extent which he undertook to make it go. The rule is not that, if there are two substantive propositions in a bill you can add anything else to it. The rule is that on such a question as admitting Territories into the Union aa States; if you were trying to admit Idaho, for instance, alone, you could not add Montana and Washington, and so forth. But if you turn it around the other way and make the bill general in its character to admit Montana and Idaho and Washington, then you might add to it, as an amendment, Wyoming, for instance. At one time there was a proposition pending to appropriate money to destroy the boll weevil and the gentleman from Massachusetts \Mx. Gillett] offered a proposition to add some money to destroy the gypsy moth. Mr Speaker Cannon held that there was no connection between the two prop- ositions, and ruled out the amendment of the gentleman from Massachu- setts. There have been divers and sundry rulings of that kind. In the case cited by the gentleman from Pennsylvania [Mr. Olinsted], when the House was expressing its opinion as to what the Turks were doing to the Christians over in Turkey, that was the subject matter. The resolution was to ex- press our horror of what they were doing, and the gentleman from Iowa, Mr. Hepburn, offered an amendment which was more emphatic in its ex- pression of horror than any of the rest, proposing to give the Turkish am- bassador his passport. Consequently it was held to be germane. During the term of the present Speaker a proposition was up to prohibit the trading in cotton futures on the exchanges of the country. Some Mem- ber offered an amendment to that proposition to include wheat and com and other products. The Chair ruled it out by citing all these precedents which he has just cited and some additional ones. The Chair was more in favor ot prohibiting the dealing in futures in wheat and com. than on cot- ton, because he has more to do with those products, but that fact did not [460] IMPORTANT DECISIONS. §948. have anything to do with the parliamentary point. Therefore he sustained the point of order made against the germaneness of the amendment. The situation here is that the Committae on Interstate and Foreign Commerce brings in a bill which deals with one subject, and one subject only, and that is to fix a physical valuation of railroads. The only reason that they mention bonds or stocks in the bill at all is that, whether right or wrong, in this country we have fallep into the habit of estimating the value of a railroad by counting in both bonds and stocks, one being property and the other being debts. So that evidently the committee, in reporting this bill, thought that out of defer^ce to the rule which prevails in this country we ought to find out what stocks and bonds have been issued. But this bill as reported nowhere provides or says a word about authoriz- ing or directing anybody to issue stocks and bonds. The motion of the gentleman from Illinois Pilr. Mann] to recommit with instructions has entirely to do with the future issuance of stocks and bonds. It seems to be a very elaborate and perfect scheme. The Chair will say that for it. But I have asked the gentlemen who have argued this question in favor of the germaneness of this motion to recommit to point out in the bill a single word or clause that makes the resolution of the gentleman from Illinois [Mr. Mann] germane. A case in point arose here — and it happened to be on the 1st day of April, 1910 — and I will quote from the argument of the gentleman from Illinois [Mr. Mann] in that case, which seems to be absolutely unanswerable. He said: "Mr. Speaker, the gentleman from New York [Mr. Fitzgerald] referred to amendment 78 of the Senate, and it has been referred to by other gentle- men, as an amendment to the tariff law. It is not an amendment to the tariff. It is a provision which relates to reports required by that law." And that is what is was, too. "But the provision in the Senate amendment is neither in form nor substance an amendment to the tariff law. Now, I insist that the amend- ment of the gentleman from New York [Mr. Fitzgerald] is not germane to the Senate amendment." The Senate amendment provided that a certain section — section 78, the Chair believes it was — in the Payne tariff law about ascertaining the prop- erty that the corporations had, in order to levy that tax on them, should only be made public on a resolution of the House or Senate, whereupon Mr. Fitzgerald, of New York, offered an amendment to repeal the entire Payne tariff law. Mr. Mann said : "An amendment to repeal the tariff act is not germane to that Senate amendment." [461] IMPOETANT DECISIONS. §948. Mr. Mann, continuing, said further: "The gentleman from New York is too well acquainted with the rules of the House not to know that this amendment which he offers is not ger- mane. If the gentleman from New York, while the Senate amendment was before the House, had proposed an amendment similar to that which he now offers to this amendment, any chauman would have held it out of order as not a germane amendment to the proposition of the Senate. If the gentleman could provide for a repeal of the entiris tariff act under the ■ Senate amendment, then he could have provided for a repeal of a particu- lar part of the tariff act. If it be in c^der to offer an amendment under the Senate amendment to repeal the entire tariff act, it will be in order— and I wish it were — to repeal the duty on wood pulp and paper [applause], because it it had been in order I should have offered such an amendment." After a great deal of argument on both sides by distinguished parliamen- tarians, Mr. Speaker Cannon rendered the following opinion: "The Speaker. The Chair will cause to be read the amendment which has been agreed to. "The Clerk read as follows: " 'Concur with the following amendment: " 'Strike out all of amendment No. 78 and insert instead thereof the fol- lowing: " 'For classifying, indexing, exhibiting, and properly caring for the returns of all corporations required by section 38 of an act entitled "An act to provide revenue, equalize duties, encourage the industries of the United States, and for other purposes," approved August 5, 1909, iacluding the employment in the District of Columbia of such clerical and other personal services, and for rent of such quarters as may be necessary, $25,000 : Provided, That any and all such returns shall be open to inspection only upon the order of the President, under rules and regulations to be prescribed by the Secretary of the Treasury and approved by the President.' " Then the Speaker said: "The Speaker. The House will notice that this is a proposition or an amendment covering one specific subject in the tariff act— as to the returns made by corporations. It does not relate to the amount of the tax, the kind of corporations to be levied upon, the time of levying, or touching any other matter, but only and simply the returns of corporations. "Upon the motion to concur with an amendment, which amendment provides for striking out of the Senate amendment and inserting what has just been read, the previous question was ordered, and the House has, on a yea-and-hay vote, agreed to the amendment, so that is a closed incident. "Now, the argument of the gentlemen from New York brings up a very ingenious theory" — [462] IMPORTANT DECISIONS. §§ 948, M4. It will be observed that these two gentlemen have swapped places. [Laughter.] "But the Chair does not feel called upon to decide upon his theory, because it has been held — and, so far as the Chair has been able to ascertain, uniformly held — that where there is a proposition to amend a law in one particular — a specific particular — a proposition to amend generally or to repeal the law would not be germane. The Chair, after a hasty examina- tion, finds as follows; "Hinds' Precedents, volume 5, page 411: " '5806. To a bill amendatory of an existing Jaw as to one specific par- ticular an amendment relating to the terms of the law rather than to those of the bill was held not to be germane. ' "Under that decision, if the amendment of the gentlemen had been offered "before the previous question operated, it would not have been in order, as the precedents are uniform tha-t you can not by a motion to recom- mit make that in order which would not have been in order if offered as an amendment. Therefore, the Chair sustains the point of order." And the Chair sustains the point of order made by the gentleman from Tennessee [Mr. Sims] in this case. Under Holman rule, amendment changing exist- ing law, under proviso of clause 2, Rule ^ ■ XXI, must be authorized by House committee having jurisdiction of subject matter of legislation. On January 16, 1912, Chairman Garrett ruled as follows : The Chair desired to hear the gentleman on the last proviso, but the Chair is inclined to believe that the suggestion made by the gentleman from Illinois [Mr. Mamn] is a good one, and that he may rule on the whole thing now. The language has been read from the Clerk's desk against which the gentleman from Pennsylvania made the point of, order. The gentleman from Kentucky makes the point of order against the entire paragraph begin- ning with the words of the paragraph against which tlie gentleman from Pennsylvania makes the point of order. The point of order made, as the Chair understands, is that the provision is obnoxious to Rule XXI, clause 2, which reads: "No appropriation shall be reported in any general appropriation bill or be in order as Un amendment thereto for any expenditure not previously [463] IMPORTANT DECISIONS. §914. authorized by law, unless in continuation of appropriations for such pub- lic works and objects as are already in progress. Nor shall any provision in any such bill or amendment thereto changing existing law be in order, except such as being germane to the subject matter of the bUl shall retrench expenditures by the reduction of the number and salary of the officers of the United States, by the reduction of the compensation of any person paid out of the Treasury of the United States, or by the reduction of amounts of money covered by the bUl, etc." It is insisted that this is new legislation which does not retrench expendi- tures in the sense and in the spirit of clause 2 of Rule XXI. When what is called the Holman rule first appeared in the rules of the House of Representatives it was in the following form, as read to the com- mittee by the Chairman a few moments ago: "No appropriation shall be reported in such general appropriatita bills or be in order as an amendment thereto for any expenditure not previ- ously authorized by law unless in continuation of appropriations for such public works and objects as are already in progress, nor shall any provision in any such bill or amendment thereto changing existing law be in order except such as, being germane to the subject matter of the biU, shall retrench expenditures." It was at the first session of the Forty-fourth Congress that the rule was adopted in that form. At the succeeding session of that Congress the rule was changed and appeared in the rules of the House in substantially its present form. The only difference is that the rule as it now stands has in the proviso the language, following the word "committee:" "Or any joint commission authorized by law or the House Members of any such commission." That continued to be the rule of the House until the rules were revised in the Forty-ninth Congress, when it was dropped. It waa then restored to the rules of the House in the Fifty-second Congress, when it first ap- peared in the present form — that is, as to joint commissions, and so forth — and in this form continued in operation through the Fifty-second and Fifty- third Congresses. Now, in the form that it appeared at the second session of the Forty-fourth Congress, the first part — not including the proviso — ^read: "Nor shall any provision in any such bill or amendment thereto changing existing law be in order, except such as, being germane to the subject mat- ter of the bill, shall retrench expenditures by the reduction of the number and salary of the officers of the United States, by the reduction of the com- pensation of any person paid out of the Treasury of the United States, or by the reduction of amounts of money covered by the bill.'' [464] IMPORTANT DECISIONS. iUi. The language is specific . The language in the rule as it first appeared in the rules of the House at the first session of the Forty-fourth Congress was general in character, very like unto the language which appears now in the proviso to the rule, which proviso reads as follows: "Provided, That it shall be in order further to amend such bill upon the report of the committee or any joint commission authorized by law, or the House members of any such commission having jurisdiction of the subject matter of such amendment, which amendment, being germane to the sub- ject matter of the bill, shall retrench expenditures." The Chair is of opinion that the change in the rule from its original form, as adopted in the first session of the Forty-fourth Congress, was made for a purpose, and that it was the intention, and is now the intention, of the rule to fix the specific manner in which the Committee on Appropriations, re- porting a proposition changing existing law, or any individual Member of the House of Representatives offering an amendment from the floor which will change existing law, may make that amendment in order; that isy it must be in one of three ways, by the reduction of salaries or by the reduction of the number of employees or by the reduction of the amount covered by the bill. The Chair is of opinion that the Committee on Appropriations may not, under the rule, bring in as an integral part of an appropriation bill substan- tive legislation that, if introduced in the ordinary way in the House — ^that is, by bill or joint resolution presented by a Member — ^would go to another standing committee of the House for consideration and action; nor does the Chair think that any Member of the House may offer from his place on the floor any amendment carrying such substantive legislation, even though that legislation would retrench expenditures, unless that Member offer it as the report of a committee or as a member of a joint commission which would have jurisdiction of the subject matter under the rules of the House. In other words, the scope is limited and the outposts are fixed by the rule to which the Committee on Appropriations may go or the individual to which Member may go. If the Chair be correct in this, what have we here? There is proposed here upon this bill substantive legislation, not a reduction of salaries, not a reduction of the number of employees, not perhaps a reduction of the amount covered by the bill, though the Chairman does not deem it necessary to pass upon that now; but even if it were all of those, and in order to carry it out it were necessary to enact new law, to create a new industrial enterprise, a new project not now provided for by law, would it be in order? The Chair thinks not, except it be upon a report of the committee which would have jurisdiction of the subject matter if introduced as an original bill in the House of Representatives, in this case the Committee on the District of Columbia. [465] IMPOBTANT DECISIONS. §1 941, 945. The Chair is fortified in this opinion by a ruling which was made at the first session of the Fifty-second Congress. At that time the following pro- vision in the Army appropriation bill, namely, that hereafter no money appropriated for Army transportation shall be used in payment for the trans- portation of troops and supplies of the Army "over certain lines of railroad which are iadebted to the Government," was held not in order under this rule. That decision is as follows, and the Chair will ask the Clerk to read it. The Clerk read as follows: "The point of order made by the gentleman from Texas [Mr. Crain] is against the second provision on page 16 of the bill, which declares: " 'That hereafter no money appropriated for Army transportation shall be used in payment of the transportation of troops and supplies of the Army over any of the nonbonded lines owned, controlled, or operated by the Union Pacific Railway Co. (including the lines of the Oregon Short Line and Utah Northern Railway Co.) or by the Southern Pacific Co. over lines embraced in its Pacific system.' "Under the view taken by the Chair the relations between the Govern- ment and these railroad companies, as determined by the Supreme Court or otherwise, can not affect the decision of this point of order. "The gentleman from Indiana [Mr. Holman] contends that this proposed new legislation is in order in an appropriation bill under the proviso of the second section of Rule XXI, which says: " 'It shall be in order further to amend such bill upon the report of the committee having jurisdiction of the subject matter of such amendment, which amendment, being germane to the subject matter of the bill, shall retrench expenditures.' "The Chair is of opinion that a motion of that kind should come officially from the committee having jurisdiction and can not be brought before the Committee of the Whole House on the state of the Union as an integral part of an appropriation bill reported by the regular Committee on Appropria- tions." Bottoming his action upon the reasoning which the Chairman has endeav- ored to state and buttressed by the precedent which has just been read, the Chairman sustains the point of order made by the gentleman from Pennsyl- vania [Mr. Olmsted] and the gentleman from Kentucky [Mr. Johnson]. Ruling of Chairman Saunders construing Hol- 5 ^5_ man rule on retrenching expenditures, rendered February 9, 1912. The point of order made against the amendment offered by the gentleman from Virginia is that it changes existing law. This is admitted. But it is [466] IMPORTANT DECISIONS. §945. urged in support of the amendment which is admitted to be germane, that it comes within the Holman rule, and is in order on the ground that it retrenches expenditure. The Chair desires to place its ruling upon a foundation of authoritative precedent, and to conform to the established and familiar canons of parlia- mentary construction. Many rulings have been made under the Holman rule. The Chair has examined these rulings in detail. Some of them are conflicting in part. Others are absolutely irreconcilable. Still others are harmonious and con- sistent, and may be cited as authority in point. One of these rulings was made upon an amendment offered by ie gentleman from Missouri, Mr. De Armond, to a pension appropriation bill. (Congressional Record, 1, 52, p. 1792.) This amendment consisted merely in the addition of the words was "or other," to the existing law. The point was promptly made that this amendment did not show on its face that it retrenched expenditures. In this connection it is proper to state that it has been expressly held by Speaker Kerr, and concurred in by Chairman William L. Wilson, that in determining whether an amendment will operate to reduce expenditures, the Chair can look to the law of the land, so far as it is applicable. (Hinds, vol. 4, p. 595.) The effect of the amendment offered by the gentleman from Missouri, Mr. De Armond, was to increase the number of persons prohibited from the benefits of a particidar clause of the pension law, thereby reducing the number of pensioners, as a necessary sequence. A reduction in the number of pensioners carried with it a reduction in the amount that would be paid out for pensions under the general head of pension appropriations. The De Armond amendment was held to be in order. It will be noted that this amendment was not directed to the amount of money actually appro- priated by the bill. In terms it did not reduce the aggregate amount specifically carried for the payment of pensions. But the Chair was justi- fied in concluding, certainly it so concluded, that in the execution of the pension laws the amount otherwise required for the purposes of pensions would be reduced by the De Armond amendment. There are a few general principles heretofore announced for the interpre- tation of the Holman rule proper to be stated in this connection. I quote again from Mr. Chairman Wilson, concurring with Speaker Kerr. The purpose of the rule (the Holman rule) is most beneficent and proper, and it should have a liberal construction in the interest of retrenchment. (Hinds, vol. 4, p. 594.) Mr. Kerr was universally recognized as a learned and skillful parliamentarian. Mr. Wilson was an exceptionally brilliant and accomplished scholar. [467] IMPORTANT DECISIONS. §945. In this connection the Chair will state that it is not necessary for an amendment to be in order that it should be specifically directed to a reduc- tion in terms of an amount carried in a bill. Of course if it is addressed to such an amount, and reduces the same in terms, it will be in order. As for instance it the sum of $1,000,000 is appropriated for a designated purpose pursuant to the requirements of existing law and an amendment is sub- mitted reducing this amount to $995,000, such an amendment will be in order. But the Holman rule admits of other amendments in order. The language of the rule is to the effect that germane amendments changing existing law are in order provided they retrench expenditures by the reduc- tion of amounts of money covered by the bill. The words "amounts of money covered by the bill" refer not only to the amounts specifically appropriated by the bill, but to the amounts required under the different heads or items of expense to which the bill relates. And if the necessary effect of an amendment is to reduce in the operation of the departments or bureaus for which appropriations are made the amount otherwise required for any one or more heads or items of expense, then a retrenchment has been effected by a reduction of the amounts of money covered by the biU. It is only in this view of the rule that the De Armond amendment was in order. This amendment con- templated that in a system involving pa3rments to pensioners, whatever the appropriations might be, the amount actually required for the administra- tion of the law would be appreciably reduced by a reduction in the number of pensioners. The Chair is not unmindful of the proviso in the second section of Rule XXI, but whatever meaning may be given to the proviso it should not be construed to take away powers definitely given by the preced- ing paragraph. This paragraph permits germane amendments to change existing law provided they retrench expenditures in one of three ways. That proviso allows further amendments on the report of the committee having jurisdiction provided they reduce expenditures. If the committee offers germane amendments reducing expenditures in any way they will be in order and it will not be necessary to refer them to one of three heads. Power of action being plainly given by the paragraph standing alone, the proviso will not be deemed to take it away imless such intention is plainly manifested. The two sections will be construed to stand together, and amendments offered, whether under the first paragraph or the proviso, will be tested by the requirements of the head under which they appropriately fall. This is certain to give a liberal construction to the rule as a whole, in the interests of retrenchment. The Chair will further say that it is not enough for the Chair to think that an amendment may reduce expenses, or that it is likely to reduce expenditures. [468] rMPORTANT DECISIONS. §945. The precedents say in this connection that the amendment, being in itself a complete piece of legislation, must operate ex proprio vigore to effect a reduction of expenditures. The reduction must appear as a neces- sary result; that is, it must be apparent to the Chair that the amendment will operate of its own force to effect a reduction. (Manual and Digest, p. 409; Hinds, vol. 4, p. 595.) But is it not necessary for this conclusion of reduction to be established with the rigor and severity of a mathematical demonstration. It is enough if the amendment, in the opinion of the Chair, will fairly operate by its own force to retrench expenditures in one of the three ways indicated. This result must be a necessary result, not a conjectural result or a problematical result. It is true that having ref- erence to the difference of minds, one Chairman might hold that retrench- ment would be the necessary result of an amendment, while another Chair- man or the committee on appeal might be of a different opinion. But this is inevitable. The law is clear, for instance, that at times a court upon the facts can hold as a matter of law that there was no negligence. Still upon the same facts one court will derive this conclusion, while another court on appeal will reach a different conclusion. The ruling of the Chair on these points is subject to appeal to the committee. What does this amendment propose to do? The present law provides for an establishment of 15 Cavalry regiments. The proposed amendment limits the nmnber of Cavalry regiments to 10. It is difficult for the Chair, by any fair process of reasoning, having reference to known facts, and the relative proportion between the branches of the Army, to see how 15 regiments of Cavalry can be maintained as cheaply as 10, or that a reduction of the Cavalry regiments from 15 to 10 will not effect a reduction in the amount which would be otherwise expended on this branch of the Army under existing law. This amendment looks to the future, and while it provides for the officers, there is no provision for the retention of the men. But even if the men are retained, there will be a necessary reduction in the matter of horses, equip- ment and forage, and so forth, in the case of 10 regiments as compared with 15. Moreover, fewer officers will be required for the military establishment upon a basis of 10 Cavalry regiments as against the existing 15. These results are certain. It is altogether problematical that such additions will be made to the Infantry that the economies effected by reducing the Cavalry regiments from 15 to 10 will be required to meet these additions to the Infantry, or to other branches of the service. Fairly considered, the neces- sary effect of the reduction in regiments proposed by the amendment under consideration is a retrenchment of expenditures. If the Chair was required to determine the precise amount saved by this amendment, he would be [469] IMPORTANT DECISIONS. §945. compelled to rule it out of order. That would be a matter of speculation. But it is clear that a reduction will be effected by the necessary operation of his amendment. The Chair will cite some additional precedents in support of his ruling: In an amendment providing that a certain class of persons, now on the pension rolls, shall hereafter not receive pensions, the retrenchment of expenditure is apparent and the amendment is in order. (Manual and Digest, p. 409.) To the pension appropriation bill a proposed amendmeiit transferring the Pension Bureau from the Department of the Interior to the War De- partment, also providing that the officers of Commissioner and Deputy Commissioner of Pensions be abolished and that the duties of these offices be performed by Army officers, to be designated for that purpose, without additional pay, was held to be in order, being germane and retrenching expenditures in the manner provided by the rule. (W. G. Wilson, chair- man. Hinds, vol. 4, 3887.) An amendment to the pension appropriation bill providing that no fee shall be paid to a member of an examining board for services in which he did not actually participate is not subject to a point of order under thia rule, since while it changed existing law its effect is to reduce expendi- tures by decreasing compensation. (Congressional Eecord, 52d Cong., 1st sess., p. 1792.) The Chair does not undertake to fix in terms the amount of reduction that this amendment wUl carry, but that a reduction will follow seems to be a fair and necessary conclusion from its provisions. The Chair wishes to say in conclusion that it has sought to construe this rule in conformity with the precedents and its manifest intent, so as to give it vital force and effect and enable the committee operating under its provisions to accomplish some positive results in the way of economic achievement. In the words of Speaker Kerr, it is a beneficent rule. It should be construed to secure beneficent results. This ruling of the Chair does not take from the committee a particle of authority. In the first instance the Chair must be satisfied that the neces- sary effect of an amendment offered under the Hohnan rule will be a re- trenchment of expenditures in conformity with the rule, but from this ruling of the Chair holding the amendment to be in order an appeal may be taken, and the committee in the exercise of its authority of ultimate interpretation can reverse the Chair if it is in error and fix the interpreta- tion which the committee in its wisdom thinks the rule should carry. The Chair overrules the point of order. [470] IMPORTANT DECISIONS. §946. Legislation in order on appropriation bill under Holman rule if germane and reduces amount covered by the bill. Chair- man Johnson of Kentucky, on June 21, 1912, made the following ruling: The bill as presented to the House contains this paragraph: "Enlarging the Capitol Grounds: To continue the acquisition of the land described in the sundry civil appropriation act, approved June 25, 1910, and as authorized and prescribed in said act, for enlarging the Capitol Grounds, $500,000: Provided, That in addition to the persons named in the said sundry civil act the Speaker of the House of Eepresentatives shall be a member of the commission constituted to acquire said land and hereafter any three members thereof shall constitute a quorum and be conpetent to transact the duties devolving on them." As to that paragraph the gentleman from Tennessee [Mr. Sims] reserved a point of order as to all that which comes after the word ' 'Provided. ' ' The gentleman from Mississippi [Mr. Sisson] reserved and made a point of order to the entire paragraph. The Chair, in ruling, overruled the point of order to everything in the paragraph before the word "Provided" and sustained the point of order for everything that followed the word ' 'Provided. ' ' When that ruling was made, that entire paragraph was then out of the bill for every purpose. The gentleman from New York [Mr. Fitzgerald] then offered the following as an amendment to the bill: "Enlarging the Capitol Grounds: To continue the acquisition of land described in the sundry civil appropriation act, approved June 25, 1910, and as authorized and prescribed in said act, for enlarging the Capitol Grounds, $500,000." Thereupon the gentleman from Mississippi [Mr. Sisson] ofiered as a sub- stitute to that amendment repealing the act referred to in the amendment which authorized the appropriation of $500,000. The question is now raised upon a point of order as to whether the sub- stitute offered by the gentleman from Mississippi is permissible under what is commonly known as the Holman rule, which is section 2 of Rule XXI, and which reads as follows: "No appropriation shall be reported in any general appropriation bill, or be in order as an amendment thereto, for any expenditure not previously authorized by law unless in continuation or appropriations for such public works and objects as are already in progress. Nor shall any provision in any [471] IMPORTANT DECISIONS. §946. such bill or amendment thereto changing existing law be in order, except such as being germane to the subject matter of the bill, shall retrench expenditures by the reduction of the number and salary of the officers of the United States by the reduction of the compensation of any person paid out of the Treasury of the United States, or by the reduction of amounts of money covered by the bill: Provided, That is shall be in order further to amend such bill upon the report of the committee or any joint commission authorized by law or the House Members of any such commission having jurisdiction of the subject matter of such amendment, which amendment being germane to the subject of the bill, shall retrench expenditures." The Chair thinks that nothing which comes in the above rule after the word "Provided" need be considered in determining the point of order. The question hinges solely upon that part of the Holman rule which is quoted, which comes before the word "Provided." The pertinent part of that section of the Holman rule reads as follows: "Nor shall any provision in any such bill or amendment thereto changing existing law be in order, except such as, being germane to the subject matter ' of the bill, shall retrench expenditures by the reduction of the number and salary of the officers of the United States by the reduction of the compensa- tion of any person paid out of the Treasury of the United States, or by the reduction of amounts of money covered by the bill." The first question which arises is: Can there be legislation in an appro- priation bill under that part of the rule which I have just read? It seems quite evident to the Chair that under the rule there can be legislation, because the rule says — "Nor shall any provision in any such biU or amendment thereto changing existing law be in order, except" — and so forth. That clearly implies that existing law may be changed be- cause of the use of the words therein, "changing existing law." If existing law can be changed, under the rule it must be germane, and so the next question arises as to whether or not the substitute offered by the gentleman from Mississippi [Mr. Sisson] is germane to the amendment offered by the gentleman from New York [Mr. Fitzgerald]. We are all familiar with the meaning of the word "germane," in its leg- islative sense at least, but inasmuch as a dictionary lies on the table before the Chair, the Chair has taken occasion to get the definition from that, and the definition that it gives is — "Any close relationship to." The amendment offered by the gentleman Mr. Fitzgerald. Mr. Chairman, I can refer the Chair to a decision made on the 1st of April, 1910, that an amendment proposing to repeal a law is [472] IMPORTANT DECISIONS. §946. not in order as an amendment or liubstitute to an amendment modifying one section of the law. It was decided on April 1, 1910. The Chairman. The Chair would have preferred not to have had his chain of thought broken, but to have had the precedent presented to him later. Before finally ruling the Chair will look at the reference mentioned by the gentleman from New York. When interrupted by the gentleman from New York the Chair was dealing with the word "germane" and was about to read, and will now read, from the amendment offered by the gen- tleman from New York, which treats of the act approved June 25, 1910, which authorizes this appropriation. The substitute offered by the gen- tleman from Mississippi proposes to repeal the act which is mentioned in" the amendment offered by the gentleman from New York. The Chair is of opinion that there is such a close relationship between the two that the substitute offered by the gentleman from Mississippi in treating of the act of June 25, 1910, is germane to the aniendment offered by the gentleman from New York in treating of the same act — that of June 25, 1910. The Chair is, up to this time, of the opinion that under the Holman rule there is a right to change existing law provided it is germane; and provided, further, it meets any one of the other conditions set out in the rule. The Chair first rules that the substitute offered to the amendment is germane. Before the substitute can be held to be subject to a point of order, or that it is not subject to a point of order, other parts of the Holman rule must be applied to the item as tests. If existing law can be changed in an appro- priation bill provided it is germane, it must have one or the other of the additional qualifications. It must, in one instance, in addition to being germane, retrench expenditures by the reduction of the number and salary of the officers of the United States. The substitute offered by the gentle- man from Mississippi to the amendment does not meet that requirement of the rule. Next, in order that it may be in order the substitute offered by the gentleman from Mississippi must be a reduction of the compensa- tion of any person paid out of the Treasury of the United States. It does not come under that requirement of the rule. The Chair is of the opinion, however, that it does come under the next requirement, which reads as follows: "Or by the reduction of the amounts of money covered by the bill." The Chair first holds that existing law under the Holman rule can be changed, provided it is germane, and the Chair holds that it is germane. Further, that it is good provided it reduces the amount of money covered by the bill. The Chair holds that it does reduce the amount of money covered by the bill to the extent of $500,000. 69373°— 12 31 [473] IMPORTANT DECISIONS. {§ 916, 917. Now, as to the suggestion made by.the gentleman from Kentucky [Mr. Sherley] that if the contention of the gentleman from Mississippi were correct all offices could be abolished. The Chair is not called upon to de- cide that point and will not do so; but, in passing, it may be remarked that there is a provision in the Holman rule for the reduction of the num- ber and salary of officers of the United States. If the Chair were called upon to decide that point he would, as on the present occasion, decide it just as he has the point which is now raised. The amendment offered by the gentleman from New York treats of the act approved June 25, 1910, which authorizes the expenditure of $500,000 a year for the enlargement of the Capitol Grounds. The gentleman from Mississippi has offered a substitute for the repeal of that act. Now, the gentleman from Mississippi, in offering his substitute, did not refer to the act by its title and date of its approval, but he did more than that, he referred to it by its title, the date of its approval, and then quoted every word of the act, so it occurs to the Chair there is no escape under the conditions from the conclusion tha,t the substitute is germane to the act. The Chair over- rules the point of order, and in doing so agrees with the position taken by the gentleman from New York [Mr. Fitzgerald] in his contention upon a former occasion with the then presiding officer of the House. Ruling by Chairman Alexander, construing clause 3, rule 21, relating to revenue bills. § 947 ^ o Decision rendered May 8, 1911, first ses- sion, Sixty-second Congress. The Chair would like to have the attention of the committee. The question presented here is one of very great importance. During the progress of the general debate suggestions were made by different speakers that they proposed to offer amendments to the pending bill, putting different articles on the free list — rice, sugar, peanuts, wool, and other commodities. The Chair could not help but observe the sugges- tions, and knowing that later on the question would come up for considera- tion, felt it his duty to investigate the rule with reference to amendments, as it would be incumbent upon him f» determine whether or not these and other amendments that might be suggested would be relevant and germane to the pending bill. The gentleman from Illinois [Mr. Cannon] says that the chairman can defy the will of the majority by a ruling. The Chair does not know that the gentleman from Illinois meant thaty but it is hardly necessary for the Chair to remind the committee that the majority of this committee can control this situation. It can determine whether or not [474] IMPORTANT DECISIONS. §947. this amendment or other related amendments are relevant or not, and if the Chair errs, can overrule the Chair. The Chair had nothing to do with formulating the rule. He voted for it, along with other Members of the majority, when the rules were adopted by the House. At that time his attention was not called to it. He had no occasion to consider its significance, but he has given it some consider- ation in the last day or two, and desires to submit, with some care, his opin- ion on the rule and its application to the question pending before the com- mittee, because if this amendment is in order under the rule then amend- ments placing on the free list all the articles now on the dutiable list, one by one or schedule by schedule, would be in order. The point of order is made by the gentleman from Alabama [Mr. Under- wood] that this amendment is not germane to the subject matter in the bill. Gentlemen in discussing this question seem to overlook the signifi- cance of the language of the rule, and the attention of the committee is called to section 3, of Rule XXI, as follows: "No amendment shall be in order to any bill affecting the revenue which is not germane to the subject matter in the bill; nor shall any amendment to any item of such bill be in order which does not directly relate to the item to which the amendment is proposed." This is a new section of Rule XXI and was adopted for the first time as a part of the rules of the House of Representatives of the Sixty-second Con- gress, and, so far as the Chair knows, it has never been construed. In construing this rule it may be well to consider the rule relating to germaneness that has been in force for over 90 years. Section 7 of Rule XVI provides that — "No motion or proposition on a subject different from that under con- sideration shall be admitted under color of amendment." This rule was adopted in 1789 and amended in 1822, and has been in force ever since and has often been construed. On March 26, 1897, the tariff bill was under, consideration in the Com- mittee of the Whole House on the state of the Union, and the Clerk had read the first paragraph, as follows: "Be it enacted, etc., That on and after the Ist day of May, 1897, unless otherwise specially provided for in this act, there shall be levied, collected, and paid upon all articles imported from foreign countries or withdrawn for consumption, and mentioned in the schedules herein contained, the rates of duty which are by the schedules and paragraphs respectively prescribed, namely:" To this Mr. Alexander M. Dockery of Missouri proposed this amendment: "Provided, That when it is shown to the satisfaction of the Secretary of the Treasury that such articles are manufactured, controlled, or produced [475] IMPORTANT DECISIONS. §947. in the United States by a trust or trusts, the importation of such articles from foreign countries shall be free of duty until such manufacture, con- trol, or production shall have ceased, in the opinion of the Secretary of the Treasury." Mr. Nelson Dingley of Maine made a point of order against the amend- ment. The Chairman ruled as follows: "The pending bill is a bill to provide revenue for the Government and to encourage the industries of the United States. "Section 2 of the bill, on page 123, provides that after the 1st day of May the articles thereafter enxmierated, when imported, shall be exempt from duty. "To the first paragraph the gentleman from Missouri, Mr. Dockery, offers an amendment providing that under certain conditions all articles upon the dutiable list shall be transferred to the free list. To that amend- ment the gentleman from Maine, Mr. Dingley, raises the point of order that it is not in order at that point of the bill. The gentleman from Texas, Mr. Bailey, cites a decision of the then Speaker, the distinguished gentle- man from Kentucky, Mr. Carlisle, acting as Speaker pro tempore. The decision, as shown by the Congressional Kecord, does not carry out the state- ment upon page 271 of the Digest. That decision held that any amendment must be germane to the general provision of the bill. It did not hold that being germane to the provisions of a bill was permissible at any point. It did hold that the amendment then presented to the bill at the point was admissible. "The question before the Chair here and now is not whether the com- mittee is liable to reach page J.23 of the bill. The Chair can not take into consideration that probability, as suggested by the gentleman from Missouri, Mr. Dockery, but must rule upon the question as it is now pre- sented, to wit, Is the amendment presented germane to this provision? The Chair holds that the amendment is not germane, and therefore sustains the point of order." On March 17, 1880, the House was considering a bill making appropri- ations to supply certain deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1880, and for other pur- poses, among which were deficiency appropriations for the Public Printing Office. Mr. Singleton of Mississippi, offered an amendment for the purpose of repealing the law making the office of Public Printer an appointive office by the President and making the Public Printer an elective office of the House of Representatives. Mr. McMahon of Ohio, made the point of order [476] IMPORTANT DECISIONS. §947. against the amendment, on the gromid, among others, that it was not ger mane to the subject matter of the bill. Mr. John G. Carlisle of Kentuckj , sustained the point of order in the following learned and exhaustive opinion, which covers this question. The Chair thinks it would be well at th^ point to have that opinion read, and will ask the clerk to read it. The Clerk read as follows: "The amendment submitted by the gentleman from Mississippi [Mr. Singleton], under instructions from the Committee on Printing, is objected to upon two grounds: First, that it is not germane to the subject matter of the bill under consideration, and, secondly, that it is, in substance, the same as a bill heretofore reported by the Committee on Printing and no'w pending before the House. "Notice of this amendment was given several days since, and during the general debate in the Committee of the Whole the Chair was advised that a point of order would be raised against it; so that a reasonable opportunity has been afforded to examine the subject, and the Chair will now state the conclusions at which he has arrived. "In the absence of an express rule the amendment would not be liable to a point of order upon the ground that it was inconsistent with or not germane to the subject under consideration, for, according to the common parlia- mentary law of this country and of England, a legislative assembly might by an amendment, in the ordinary form or in the form of a substitute, change the entire character of any bill or other proposition pending. It might entirely displace the original subject under consideration and in its stead adopt one wholly foreign to it, both in form and in substance. "But ever since the 4th of March, 1789, this House has had a rule which changed the common parliamentary law in this respect, at least as to sub- stitutes, and ever sioce 1822 as to amendments in any form. The Congress of the Confederation in 1781 adopted a rule in the following words: " 'No new motion or proposition shall be admitted under color of amend- ment as a substitute for a question or proposition under debate until it is postponed or disagreed to.' "The House of Representatives of the First Congress, on the 4th of March, 1789, adopted the following rule upon this subject: " 'No new motion or proposition shall be admitted under color of amend- ment as a substitute for the motion or proposition under debate.' "It will be observed that each of these rules admitted amendments introducing new motions or propositions if they were not offered as substi- tutes for the motion or proposition under debate. But in March, 1822, the House changed the rule of 1789 so as to make it read as follows: " ' No motion or proposition on a subject different from that under con- sideration shall be admitted under color of amendment.' [477] IMPORTANT DECISIONS. §947. "And in this fbnn the rule has stood ever since, and now constitutes a part of the seventh clause of Rule XVI in the recent revision. The rule does not prohibit a committee reporting a bill from embracing in it as many different subjects-as it may choose ; but after the bill has been reported to the House no different subject can be introduced into it by amendment, whether as a substitute or otherwise. "When therefore it is objected that a proposed amendment is not in order because it is not germane, the meaning of the objection is simply that it (the proposed amendment) is a motion or proposition on a subject different from that under consideration. This is the test of admissibility prescribed by the express language of the rule; and if the Chair, upon an examination of the bill under consideration and the proposed amendment, shall be of the opinion that they do not relate to the same subject, he is bound to sustain the objection and exclude the amendment, subject, of course, to the revisory power of the Committee of the Whole on appeal. " It is not always easy to determine whether or not a proposed amendment relates to a subject different from that under consideration, within the meaning of the rule; and it is especially difficult to do so when, as in the present instance, the amendment may, by reason of the terms it employs, appear to have a remote relation to the original subject. "The subject to which the bUl now under consideration relates is very clearly set forth in its title. It is 'A bill making appropriations to supply certain deficiencies in the appropriations for the service of the Govern- ment for the fiscal year ending June 30, 1880, and for other purposes.' The appropriations 'for other purposes' contained in the bUl do not relate at all to any of the subjects embraced in the amendment and therefore need not be noticed. The words 'for other purposes' are used here, as they usually are, to embrace subjects outside of the main subjects to which the bill re- lates and which are reported by the committee itself. "The bill relates to no other subjects than appropriations of money for the purpose stated, 'to supply deficiencies in the appropriations for the service of the Government.' One of the deficiencies which the bill pro- vides for is the Government Printing Office. But the bill carefully enumer- ates the items for which the appropriation is to be made, and the salary of the Public Printer is not among them. "The proposed amendment has no relation to the appropriation of money for any purpose. It neither increases nor diminishes the amount proposed to be appropriated by the bill, nor does if in any manner affect the expend- itures of the money proposed to be appropriated by the bUl. The salary of the Public Printer for the current fiscal year has abeady been provided for in full, and it does not appear that there is any deficiency on that account. [478] IMPORTANT DECISIONS. §947. "The amendment relates solely to the method of choosing a Public Printer, to the nature of the duties to be performed by him, and to the amount of his salary. As already stated, the original bill embraces none of these matters and consequently none of these subjects are now under consideration. It seems quite clear, therefore, that the proposed amend- ment, it admitted, would introduce for consideration one or more new sub- jects, and is for that reason prohibited by the express language of the rule. "Under the rule, as it stood prior to 1822, the amendment, although on a subject different from that under consideration, would be in. order, for it is not offered as a substitute for the bill or for the clause under consideration. But, as already noted, the prohibition applies now as well to ordinary amendments as to substitutep. "Siuce the adoption of the rule in its present form there have been several decisions under it; and, so far as the Chair has been able to discover, in every instance where an amendment proposed to introduce an entirely new subject it has been excluded. The Chair refers to the Journal of the House, Twenty-seventh Congress, first session, page 223, for a decision by Mr. Speaker White; Journal of the House, Thirtieth Congress, first session, page 737, a decision by Mr. Speaker Winthrop; Journal of the House, Thir- tieth Congress, second session, page' 645, Speaker /Winthrop overruled; Journal of the House, Thirty -first Congress, first session, pages 1509 and 1510, a decision by Mr. Speaker Cobb. " Having disposed of the point of order upon the first ground presented, it is unnecessary to express an opinion upon the second ground, and the Chair prefers not to do so. " The fourth clause of Rule XXI provides that ' no bUl or resolution shall at any time be amended by annexing thereto or incorporating therewith the substance of any other bUl or resolution pending before the House.' Where a proposed amendment differs in any respect from a bill or resolu- tion pending before the House, it will always be more or less diflBcult to determine whether or not they are substantially the same; and the Chair thinks he ought not to attempt to decide such a question unless it is abso- lutely necessary to do so. "The point of order is sustained, and the amendment is excluded." Under the later practice an amendment should be germane to the par- ticular paragraph or section to which is offered (Hinds' Precedents, vol. 5, 5811-5820), and an amendinent inserting an additional section should be germane to the portion of the bill to which it is offered. (Hinds' Prece- dents, vol. 5, 5822.) In determining whether or not an amendment is germane, rulings have been made at various times as follows: To a bUl proposing admission of [479] IMPORTANT DECISIONS. §947. one Territory into the Union an amendment for admission of another Ter- ritory was held not to be germane (Hinds' Precedents, vol. 5, 5826-5829); to a bill for the relief of an individual, an amendment proposing similar relief for another was held not to be germane (Hinds' Precedents, vol. 5) 5826-5829); to a bill providing for the extermination of the cotton -boll weevil, an amendment including the gypsy moth was held by Mr. Camion, late Speaker of the House, not to be germane to a bill relating to com- merce between the States; an amendment relating to commerce between the States was held not to be germane to an amendment relating to com- merce within the several States. (Hinds' Precedents, vol. 5, 5841.) Many other decisions might be cited construing section 7, Rule XVI, but the above will suffice. To say the least of it, it admits of serious doubt whether or not the proposed amendment is in order under said section 7, Rule XVI. But the rule here invoked against the amendment goes further than sec- tion 7 of Rule XVI. It expressly provides, first, that no amendment to any bill affecting the revenue (and this bill is of that character) shall be in order which is not germane to the subject matter in the bill; and, second, nor shall any amendment to any item of such bill be in order which does not directly relate to the item to which the amendment is proposed. This rule and the provision of Rule XVI referred to should be construed together. It is clear to the mind of the Chair that this rule was intended to further limit the right of amendment, and to make it clear that to be germane the amendment should relate to the subject matter in the bill, and to the par- ticular item in this bill, ought to be amended. This is a bill entitled: "A bill to place on the free list agricultural implements, cotton bagging, cotton ties, leather, boots and shoes, fence wire, meats, cereals, flour, bread, timber, lumber, sewing machines, salt, and other articles." The first clause following the enacting clause provides: "That from and after the day following the passage of this act the fol- lowing articles shall be exempt from duty when imported into the United States." While the bill relates to the free list, does the amendment proposing to put glass on the free list in any proper sense relate to the subject matter in the bill, or to any item in the bill? If under section 7, of Rule XVI, an amendment placing certain articles on the free list is not germane to that portion of the bill which provides for the imposition of duties; and if an amendment legislating in relation to the selection of a Public Printer is not germane to a bill making deficiency appro- priations for the Government Printing Office; and if an amendment should [480] IMPORTANT DECISIONS. §1947,948. be germane to the particular paragraph or section to which it is offered ; and if one individual proposition may not be amended by another individual proposition even though the two belong to the same class, thus, to a bill proposing the admission of one Territory into the Union, an amendment pro- viding for the admission of another Territory; to a bill for the relief of one individual, an amendment proposing similar relief for another; or to a pro- vision for the extermination of the cotton boll weevil, an amendment including the gypsy moth; or to a bill relating to commerce between the States, an amendment relating to commerce within the several States; as seems to have been uniformly held, does it not seem quite plain that the proposed amendment is not in order under the rules here invoked, which was framed for application to revenue bills to which class the pending bill, H. R. 4413, belongs? To which part of the subject matter in the bill, or to what item in the bni is the amendment germane? If an amendment placing glass on the free list is germane, why not any schedule or part of a schedule in the Payne tariff law, without reference to whether it is related in a parliamentary sense to the subject matter of the bill or not. In the opinion of the Chair the amendment is not germane to the subject matter in the bill or to any item in the bill. Therefore the point of order made by the gentleman from Alabama is sustained. Not in order to move to recommit with instruc- tions to eliminate amendment adopted ^^ by House Ruling by Speaker Clark, Sixty-second Congress, on May 22, 1912, as follows: The gentleman from Pennsylvania [Mr. Olmsted] very correctly thinks this ruling is very important. I do not know whether I agree with him that it is more important than the bill itself. This question has returned to plague most of the Speakers who ever occupied the chair, and the House, too. In one way and another it has been ruled on ever since the days of Mr. Speaker Taylor, away back in 1826. The situation is this: On the 8th day of this month of May the gentleman from Pennsylvania [Mr. Olmsted] made a motion to add a certain amendment to the bill, and it was so done, and it was done on a roll call, the bill being considered in the House as in Committee of the Whole. The amendment was adopted by a very large majority. Either on that day or the succeeding day any Member who voted in the affirmative could have moved a reconsideration. The gentleman from Colorado [Mr. Martin] could not do it, because he voted in [481] IMPORTANT DECISIONS. §948. the negative. So it remains in the bill. After the third reading of the bill the gentleman from Pennsylvania [Mr. Olmsted] made a motion to recommit the bUl containing an amendment to it. That is practically what it was. The gentleman from Colorado [Mr. Martin] offered a sub- stitute for the amendment which had just been offered by the gentleman from Pennsylvania [Mr. Olmsted] in his motion to recommit. After some discussion one way and another the gentleman from Illinois [Mr. Mann] suggested to the gentleman from Colorado [Mr. Martin] that there was a way for him to accomplish what he was after, provided the Chair ruled his substitute out of order, and that was to strike out all after the enacting clause and to insert the original bill, leaving out the Olmsted amendment which had been adopted on the 8th of May. This all took place on the 15th of May. Mr. Mann. In order to keep the record correct, I will say the motion was to strike out all after the word "that." The Speakbe. That is correct. Thereupon the gentleman from Colorado [Mr. Martin] accepted the suggestion of the gentleman from Illinois [Mr. Mann] and offered the original bill minus the Olmsted amendment, and thereupon the gentleman from Pennsylvania [Mr. Olmsted] made two points of order at once. One was that it was not germane to his amend- ment and the other that it was an attempt to do indirectly what the House could not itself do directly, thereby contravening both the rules and the practice of the House. In addition to these two chief questions there are two or three others of minor interest involved. The Chair rules against the gentleman from Pennsylvania [Mr. Ohnsted] on the first proposition, accepting the suggestion of the gentleman from Illinois [Mr. Mann] that the entire bill as offered by the gentleman from Colorado [Mr. Martin] must in the very nature of things be germane to any amendment that anybody could ofier to the bill; that is, for purposes of a motion to recommit. The contention of the gentleman from Pennsylvania [Mr. Olmsted] on the subject of germaneness is not tenable. It has been held over and over again that a motion to recommit is amendable, and it has been held at least by one Speaker that a substitute for a motion to recommit is proper. There is no question whatever in the mind of the Chair that the bill itself minus the first Olmsted amendment, adopted on the 8th of May, is germane to the proposition of the gentleman from Pennsylvania [Mr. Olmsted] incorporated in his motion to recommit. Therefore the Chair overrules the point of order made by the gentleman from Pennsylvania that it would not be germane. The second point of order raised by the gentleman from Pennsylvania [Mr. Olmsted] is whether the thing can be done which the gentleman from [482] IMPORTANT DECISIONS. §948. Colorado [Mr. Martin] is attempting to do; that is, to do indirectly on a mo- tion to reconmiit what the House can not do directly — ^because that is what it is, and all of us who have paid any attention to this wrangle, know that there is only one thing iuvolved in that substitute, and that is whether you shall cut out the Olmsted amendment adopted on the 8th of May. It might as well have been offered in so many words for all practical purposes. This question of whether the- House on a motion to recommit can do indirectly what the House itself can not do, has been ruled on by every Speaker, almost, beginning with Mr. Speaker John W. Taylor, of New York, on the 31st day of January, 1826. The question was not always exactly in the shape in which this question presents itself, but the substance has always been the same, and the decisions have always been the same. Mr. Speaker Taylor ruled on it, and later Mr. Speaker Polk, and in later days Mr. Speaker Carlisle and Mr. Speaker Crisp ruled on it. Mr. Speaker Reed, when he was in the chair, ruled on it, and when he was on the floor raised a point of order, referred to the same decision, and held on the floor what he held in the chair; Mr. Speaker Henderson ruled on it; Mr. Speaker Cannon ruled on it. They all ruled the same way; that is, that the House can not do indirectly on a motion to recommit that which it can not do by amendment before engrossment and third reading. The contention of the gentleman from Pennsylvania [Mr. Olmsted] that you can not have two propositions in a motion to recommit is not tenable. The motion to reconmiit is intended to give the House an opportunity to express its opinion, upon roll call if needs be, upon any proposition or^ propositions which have not been inserted in the bill, provided always, of course, that the proposition is germane to the bill itself. The most elaborate opinion that was ever rendered on the question whether the House can do indirectly on a motion to recommit what it can not do directly by amendment was rendered by Mr. Speaker Carlisle, which I will read in a minute, in lieu of all the rest. But on one occasion Mr. Speaker Blaine refused to pass upon a question of the sort and submitted it to the House, and by a vote of about two-thirds the House took the same position that these other Speakers have taken, and on at least two occasions an appeal was taken from the ruling of the Chair, and the House on both occasions sustained the decision of the Chair by a vote of about 2 to 1. "On July 27, 1886"— This is in the Fifth Hinds, section 5531 — "the previous question had been demanded on the passage of a bill restoring to the United States certain lands granted to railroads, when Mr. Robert R. Hitt, of Illinois, moved to recommit the b^ with instructions to report [483] IMPORTANT DECISIONS. §948. the Senate bill, for which this substitute had been adopted that had just been voted out. Mr. William M. Springer, of Illinois, made a point of order that the Senate bill was the text that the House had stricken out and that it was not in order to direct the committee to report that which the House had just rejected." Of course, that was turning the question around. ' "The Speaker sustained the point of order, and held that it was not in order to move the recommitment of a bill with instructions to report matters which would not be in order if offered as an amendment in the House." Nobody will contend, if some gentleman had arisen in his place and made a motion to strike out this Olmsted amendment which was inserted on the 8th day of May, that the Chair would have entertained the motion. Then, Mr. Speaker Carlisle continued: "The House had just voted to strike out the text of Senate bill and insert a new proposition, and it was not therefore ih order to do indirectly, by way of recommitment, that which could not be done directly by way of amendment." So, on that point the Chair sustains the point of order made by the gentle- man from Pennsylvania [Mr. Olmsted] that the substitute offered by the gentleman from Colorado [Mr. Martin] is out of order because the House can not by a motion to recommit do that which it can not do directly by amendment when a bill is in the amendable stage. [484] INDEX, Absence. Attendance required. Section. Members to be present unless excused 648 Members may be compelled to attend 52 The old call of the House to secure attendance 751-754 Call of the House in the new form 756-757 Names of Members reported when quorum fails in Commit- tee of the Whole 841 Deductions from pay of Members on account of 86, 649 Leave of. Presentation of requests for 649 Revoked but not granted during call of the House 752 Accounts. In general. Of receipt and expenditures of public money to be pub- lished 158 In several departments, jurisdiction as to 712 Committee on. History, jurisdiction, and duties of 711 Privileged reports from 722, 724 Doorkeeper to report to, as to certain property 644 Considers private claims 826, 826A Duty as to relations of officers and employees to claims. . . . 912 Accusation. Common fame as ground for 334 Right of accused to be informed of, in criminal cases 250 Accused. Rights of, in criminal prosecutions 250 Acts. Signed by Speaker 617,619 States reciprocally to give full faith and credit to public 208 Addresses. Signed by Speaker 617 Of and to the early Presidents 309 [485] INDEX. Adhere, motion to. Section. Precedence of 479 Not equivalent of receding or insisting when decided in the negative 481 Insisting and adhering in the practice of the House 515 Parliamentary principles as to disagreeing, insisting, and adher- ing 514 Relations of adherence to conference 546, 547 Previous question being ordered on, the motion to recede not admitted 518 One House may not by amendment depart from the form it has fixed by adherence §19 Adjourn, motion to. Nature and conditions of. General conditions of 765, 766 Not in order in Committee of the Whole 326, 327 In order in ' ' House as in Committee of the Whole " 420 As to amendment of 578 Not debatable 765 Conditions of repetition of 772 Precedence of. High privilege of, and precedence 432, 765, 766 Not to interrupt a Member having the floor in debate. . 386, 734A Admitted before reading of Journal 614 Admitted after yeas and nays are ordered 80 Questions of privilege have precedence of all other questions except 653 Relation of, to conference reports 885 Has precedence of motion to reconsider 794 Relation of, to quorum. In order in absence of quorum. 55, 752 During new form of call of the Houses 756, 757 When dilatory. May be held dilatory 785 One in order pending motion to suspend rules 783 One in order pending report from Committee on Rules 725 To fix the day. General conditions of motion to fix the day to which the House shall adjourn 767 [486] INDEX. Adjournment. Of the House alone. Section. Pronounced by the Speaker 580 For three days or less ^ 82, 83 Speaker takes chair at hour to which House has adjourned . 614 Hour of, entered on the Joui'nal 773 May be taken by less than quorum 52 House has adjourned for more than one day before election of Speaker 83 At the end of the term of a Congress 6 Journal of last day not approved 74 Of Congress — Requirements as to. Neither House to adjourn for more than three days without consent of other 82, 83 Case in which President may cause 189 Adjoiunment during pleasure effected by a recess 579 Session not terminated by an adjournment of Congress for a fixed time over three days 583 Of a session as related to constitutional day of meeting 45 Time of 6 Parliamentary law as to the adjournment of the Lords and Commons 577 Of Congress — Manner of. Manner of closing a session by action of the two Houses 584 For more than three days by concurrent resolution 84 Resolution to provide for, over three days privileged 84 Forms of resolutions providing for final, or for recess 924 Jurisdiction of resolutions for final, of Congress. 670 Resolutions relating to, not presented to President for ap- proval ; 110 Of Congress — Effect of. As affecting signing of enrolled bills 570 Effect of, as to bills in hands of President 108 Conferences not interrupted by 526 As related to action on a veto message 104 Impeachment not interrupted by 613 As affecting the functions of committees 582 Duties of clerks as to committee papers at 907 Parliamentary law as to business at the termination of a session ; 585 Obsolete law as to business at time of 378 [487] INDEX. Adj ournmbnt — Continued. Of a debate. Section. Of a debate, obsolete practice as to 437 Admiralty. Judicial power extends to cases of 198 Admission. To the floor of the House when in session 894 To the floor of the House when not in session 896 To the various galleries 897 Adverse reports. Placing of, on the Calendars 730 Affirmation. In lieu of oath 228 In support of certain warrants 246 Senators on, for trial of impeachments 38 Affirmative. Of one question amounting to the negative of another 478-481 Affrays. Proceedings in cases of, on the floor 360 Age. As qualification of Member 9 As qualification of a Senator 35 As a qualification of the President of the United States 172 Reference to, as a qualification of suffrage 270 Agree, motion to. Order of precedence of 479 Negative of, equivalent to affirmative of disagree 480 Precedence of motion to amend over motion to agree or disagree. 521 Amendments in order on motion to 480 Priority of amendments over 449 Agreements. States not to enter into, without consent of Congress 164 Agriculture. Committee on. History and jurisdiction of 680 Reports appropriation bill 680 One Delegate on 727 In general. Jurisdiction of subjects relating to 680 Aid. To enemies of United States, treason 204, 273 [488] INDEX. Alaska. Section. Jurisdiction of general matters relating thereto 687 Jurisdiction as to public lands of 685 Alcoholic Liquor Traffic, Committee* on. History and jurisdiction of 708 Alcoholic liquors. Jurisdiction as to bills relating to, generally 708 Alliance. States not to make 160 Alteration. Improper, of a bill 346 Ambassadors. President appoints 183 Duty of President to receive 190 Admitted to the floor of the House 894 Gallery for use of 897 Judicial power extends to cases affecting 198 Jurisdiction of Supreme Court in cases affecting 200 Amend, motion to.. General conditions of. Rule as to offering, degree of , etc 804 Not in order in third degree 447 Substitute 804 In order to amend motion to commit with instructions unless previous question ordered 771, 799, 943 To title of a bill 804 Conditions of the motion 805 Withdrawal of 806 Principle that amendment must be germane 777-782 May not be applied to a conference report 543 Privilege of. Precedence of • 765, 807 Yields precedence to motion to refer 442 Precedence of motion to, over motion to agree or disagree. . 521 Priority of a motion to amend over one to strike out or agree . 449 Relations of. Relations of, to other motions 808 Relations of, to motion to postpone 442, 444, 446 Application of previous question to 443 Not applicable to the previous question 445 69373°— 12 32 [489] INDEX. Amend, motion to — Continued. Striking out and inserting. Section. To strike out and insert nol divisible 776 Negative of motion to strike out not a bar to further amend- ment 1 776 Matter to be inserted divisible 776 Relations to motion to strike out enacting words 853 Amendments. General conditions of. Form, conditions, precedence, etc., of 804-808 Not in order in the third degree 447 Do not have several readings as in case of bills 489 Speaker not to decide as to consistency of 459 Right of Member who has spoken to the main question to speak to an amendment 458, 746 Relation of, to division of the question for voting 475, 725 Priority of, over motions to strike out or agree 449 Rule limiting those on general appropriation bills 815 Senate may concur with, on revenue bills 99 Of a conference report not in order ' 535 Of motion to adjourn 578 Germane. Required to be germane 777 Amendment must be germane to bill before the House and not to law sought to be amended on specific point. 778, 790, 943 One individual proposition not germane to another 778 A general provision not germane to a specific subject 779 Must relate to particular item 826, 947 Must be germane to subject in the bill on revenue bill . . 826, 947 Decision by Mr. Alexander 947 Specific subjects germane to general propositions of the class . 780 Subjects not necessarily germane because related 781 Illustrations of germane amendments 782 Parliamentary law as to germane 460 Retrench expenditures in order 815 Retrenching expenditures (new legislation in order on appropriation bill) 815-825, 944, 945, 946 Decision of Mr. Garrett 944 Decision of Mr. Saunders 945 Decision of Mr. Johnson, Kentucky 946 [490] INDEX. Amendments — Continued. Striking out and inserting. Section. Of the matter involved in a motion to strike out 461 To strike out certain words of a bill 461 Principles as to perfecting, before inserting or striking out. . 462 Heading the motion and putting the question on motion to strike out and insert 463 Conditions of repetition of motions to strike out and insert. . 464 Application of the motion to strike out 465 Effect of affirmative vote on motion to strike out and insert. 466 Conditions of striking out an amendment already agreed to. 467 Of bilk. Offered to bills after second reading and before engrossment and third reading 421, 490 To title to a bill, parliamentary law as to 505-804 Order of amending bills in the House 406 Method of voting on, in a bill 410 For joining and dividing bills 469 For transposing the sections of a bill 470 Clerk makes, to the section numbers of a bill 472 Of bills in standing and select committees 405 Action of House on those, reported from a committee 415 Rule as to consideration of, in Committee of the Whole 848, 850, 851 As to withdrawal of, in Committee of the Whole 848 By Committee of the Whole. Pro forma, in Committee of the Whole 851 Substitute, and to the title, and withdrawal of, in "House as in Committee of the Whole" 420 Not to be withdrawn when reported from Committee of the Whole 328 Consideration and report of, by Committee of the Whole. . . 329 Consideration of, by the House after report from Committee of the Whole 330 Voting on, in the House when reported from Committee of the Whole 330 To blanks and numbers. Rule as to filling blanks, and amending numbers 448 For filling blanks left by the other House 471 For fiUing blanks as to time 468 [491.1 INDEX. Amendments — Continued. 0/ Journal. Section. Scope of 71 Precedence of 74 Nature of 74 Cut off when previous question is ordered on motion to ap- prove Journal 74 To the Constitution. The fifteen 275,276 Methods of making 222-224 Form of and action on 223 Not approved by President 110 Two-thirds vote not necessary on amendments to a resolution proposing a constitutional amendment 224 Differences as to, committed to conference 523 Two-thirds vote on conference report as to 542 Yeas and nays not necessarily taken on 76 Jurisdiction over 672, 707 Amendments between the Houses. General principles as to. Parliamentary principles as to disagreeing, insisting, and adhering 514 Insisting and adhering in the practice of the House 515 Parliamentary law as to receding 516 Practice of the House as to receding from its own amendment to a bill of the other House 517 Practice of the Hoiise as to receding from disagreement to amendment of the other House 518 Degree of amendments between the Houses 522 One House not to recede from its own amendment with an amendment; or depart from form fixed by adherence 519 Text to which both Houses have agreed not to be changed . 520 Amendment to Senate amendment should be germane 777 Two-thirds vote required on agreeing to amendment of the other House to a constitutional amendment 224 Precedence of motions as to. Precedence of motions for disposition of 479 Motion to amend has precedence of motion to agree or dis- agree 479, 521 Motion to refer has precedence of motion to agree or disagree . 479 Order of previous question on motion to agree prevents motion to amend, but not to refer 479 [492] INDEX. Amendments between the Houses — Continued. Equivalent questions as to. Section. Discussion of equivalent questions on motions relating to . . 478-481 Equivalent questions on motions to agree and disagree as related to amendments 480 No equivalent questions on motions to recede, insist, and adhere 481 Consideration of. Reference of Senate amendments from Speaker's table. . . 860, 861 When consideration of Senate amendments should be in Committee of the Whole 810 Practice as to consideration of Senate amendments in Com- mittee of the Whole 810 Conferences on. Conferences usually asked on occasions of 523 Status of, after rejection of a conference report 544 Managers may report as to a portion 537 See also Conferences. Animal industry. Jurisdiction of subjects relating to , 680 Announcement of vote. Yeas and nays may be demanded after 77 Answer. In an impeachment 605, 606 Apology. Of Members to the House for disorder 324, 325 Appeal. From decisions of Speaker 617,621 House controls decisions of the Speaker by 372 Guaranty against arbitrary control of Speaker 621 From decisions of the Clerk at organization 630 On questions as to priority of business decided without debate. . 877 None on a question of recognition 737 None on decision as to dilatory motions 785 None from responses to parliamentary inquiries 621 Appearance. Of respondent in an impeachment 601, 603, 604 Appellate jurisdiction. Of Supreme Court 200 Appointments. President makes 183 Power of Congress as to 183 [493] INDEX. Appointments — Continued. Section. In recess of the Senate by the President 185 Of committees, rules and practice as to 310 Appohtionment. Of Representatives among the several States 270 Reduction of basis of, for abridgment of the suffrage 270 Adjustment by districts 271 Old provision for 14 First and last 15 Jurisdiction of subjects relating to. 720 Appropriation bills, general. PrmAlege of, etc. Privileged for report 722 Not privileged against Calendar Wednesday 875 High privilege of, in order of business 784 Consideration in order on Fridays 871 Continuaition of a public work by appropriations 820 Examples illustrating continuation of a public work 821 New buildings at existing institutions as in continuance of a public work 822 New vessels for naval and other services as in continuation of a public work 823 Precedence of, in Committee of the Whole 847 Public, placed on Union Calendar 729 River and harbor bill not one of the general 678 Authorizations, legislation, and limitations. Rule as to unauthorized appropriations and legislation on general appropriation bills 815 Points of order on general appropriation bills 816 Authorization of law for appropriations 817 Authorizations for claims and salaries 818 Authorizations for public works 819 Legislation on 824 Legislation on, germane, retrenching expenditures in order 815-825 Limitations on 825 Burden of proof on those proposing an appropriation on 819 Appropriations. Conditions of. Necessary for drawing money from Treasury 158 To be made by law. 158 None for armies for a longer term than two years 133 [494] , INDEX. Appropriations — Continued . Conditions o/— Continued. Section. Estimates of, transmission and reference 911 Conformity of expenditures with, jurisdiction as to 712 Propositions for, considered in Committee of the Whole .... 843, 844, 846 Jurisdiction of 671 Committees having jurisdiction of. Appropriations 671 Rivers and Harbors 678 Agriculture 680 Foreign Affairs 681 Military Affairs 682 Naval Affairs 683 , Post-Office and Post-Roads 684 . Indian Affairs 686 Claims 701 War Claims 702 Accounts (limited) 715 Approval. Of bills by President. President's given by signature 101 Of orders, resolutions, and votes, as to presentation for 110 As to approval of concurrent resolutions by 389 Of joint resolutions 390 Of bills, effect of intervening recess on : 878 Time and conditions of signature 101, 102, 108 Notice of 103 Errors as to 103 Parliamentary law as to presenting a bill for the Bang's as- sent 565 Parliamentary law as to enrollment of bills 566 Practice of the two Houses of Congress as to enrollment of bills 567 Signing of enrolled bills for presentation to the President. . 568 • Authority of pro tempore presiding officers to sign enrolled bills 569 Presentation of enrolled bills to 570 Of the Journal. In general 73, 614 Amendment precedes 74 Place of in order of business 856 [495] INDEX. Arid lands. Section. Jurisdiction as to irrigation of 709 Arkansas hot springs. Jurisdiction of bills relating to 685 Armies. Congress to raise and support 133 No appropriation for a longer term than two years. , 133 Congress to make rules for 137 States not to keep troops in time of peace 164 Arming. Of the militia 140 Armories. Jurisdiction of subjects relating to 671 Arms. Right of people to keep and bear 242 Army. President commander in chief of 178 Trial for crimes in 248 Officers in, disqualified as Members 95 Jurisdiction of bills relating to 682 Arrest. Privilege of Senators and Representatives from 89, 90 Jefferson's discussion of privilege of Member of Congress as to. 282, 283 Privileges of Members of Parliament as to 281, 298, 300 Of Members for absence 751-753 Members liable to for absence although attending a committee with leave to sit 317 House releases a Member under 298 Speaker's power to order, doubtful 615 Arsenals. Power of Congress over places purchased for , 142 Jurisdiction of subjects relating to 671 Art. Works of, duty of Committee on Library as to 717 Articles. In an impeachment r 602 Arts. Congress may promote, by patent and copyright laws 126 Assaults. On Members for words spoken in debate 91 On Members, power of House to punish for 288 Arrest and imprisonment in case of, on Member returning 90 [496] INDEX. AssADMS — Continued. Section. Proceedings in caaes of, on the floor 360 Speaker takes chair to quell disorder from, in Committee of the Whole 324,325 Members censured for 63 On clerk of a committee in the Capitol a question of privilege. . 666 Assay oppicbs. Jurisdiction of subjects relating to 674 Assembly. Rights of people as to 240 Assent. See Approval. Attaindbk. No bill of, to be passed 150 Bill of. States not to pass 160 Limitations of, for treason 206 Attendance. Of Members may be compelled 52 Members privileged from arrest during 89, 90 Of Commons and House of Representatives as an impeachment trial 609, 610 Attest. Of Clerk on bills, writs, etc 635 Attorneys. Admission of in investigations 341 Auditing. Of accounts against contingent fund 715 Authorization op law. For appropriations on general appropriation bills 815, 817 For payments of claims and salaries on general appropriation bills 818 For public works on general appropriation bills. 819 Authors. Congress may provide for copyrights for 126 Awards. To foreign nations, jurisdiction of appropriations for 671 Bail. Excessive not to be required 254 Ballot. Rule for voting by 909 Speaker required to vote on 625 Record of, in Journal 72 [497] INDEX. Ballot — Continued. Section. Members not to remain by Clerk's desk during count of 747 Presidential electors vote by, in several States 262 House of Representatives elects President by 263 Banking. Jurisdiction of subjects relating to 673 Banking and Currency, Committee on. History and jurisdiction of 673 Bankruptcy. Power of Congress to make laws on 118 Jtu-isdiction of, subject of 672 Banks. Jurisdiction of subjects relating to 673 Bar, of House. Method of examining witnesses at 336 Trials at, and arraignment of contumacious witnesses at 337 Barracks. Jurisdiction of appropriations for 671 Battlefields. Jurisdiction of bills relating to 682 Behavior. Power of House to punish, for disorderly 62-66 Governs tenure of office by judges 196 Bill of attainder. None to be passed 150 States not to pass 160 Bills. Forms, printing, etc. Amendments to revenue bills 826 Amendments under Holman rule 815 Forms of 926 Distinction between a bill and a joint resolution 390 Distribution of printed bills 941 Indorsement of the title on an engrossed bill 424 Printing of _ 914 River and harbor bill not a general appropriation bill 678 Unauthorized appropriations and legislation on general appropriation 815-825 Stages of progress of. Stages of from introduction to approval 938 [498] INDEX, Bills — -Continued . Introduction and referen,ce of. Section But one Member to introduce 832 Introduction and reference of private 827 Introduction and reference of public 832 By request 833 Division of for reference 829 Fteiudulent introduction of : 830 One not to be divided among committees 414, 667 Right of committee to originate 667 From Senate, rule for reference of 860, 861 Restriction on reference of claim bills 826A Correction of error of reference of private 667, 831 Correction of error of reference of public 667, 832 Correction of reference of public, place of in order of business. 856 Not to be brought back from committees on motion to re- consider 802 Custody of in committees 907 Recommittal of, to select or standing committees or Com- mittee of the Whole 413 Committal of on third reading 487 Obsolete provisions as to introduction and readings of 391-393 Parliamentary law (largely obsolete) as to reference of , . 394 Consideration hy committees and report. Delivery of to committees 396 Consideration of in committees 405 Power of committee over 404 Method of noting amendments on, in a committee 410 Obsolete provision for directing a committee to withdraw and report 397 Committal with direction to report forthwith 398 Distribution of, to Calendars when reported by committees and when committees are discharged 729-732, 884A Calendar for consideration of by unanimous consent 732 In Committee of Whole. Revenue and appropriation bills considered in Committee of the Whole 843, 844 Precedence of revenue and appropriation bills in Committee of the Whole 847 Order of House to consider certain, in Committee of the Whole precludes report of others 328 . Reading and amendment of under the five-minute rule 850 [499] INDEX. Bills — Continued . Consideration and amendment in Rouse. Section. As to possession of, by the House 430 Prfesumed to have gone through the stages when reported from Committee of the Whole 328 Action on, in the House after being reported from com- mittee 415, 416 Consideration of, when reported from Committee of the Whole 331 Order of considering and amending in the House 406 Amended after second reading 421 Amendments of, before third reading 490 House in perfecting does not agree to paragraphs or sections of, individually 449 Transposition of sections of, by amendments 470 Amendments for joining and dividing 469 Filling blanks left in by the other House 471 Consideration of a preamble 407 Amendment of title of 804 Amendment of the title of, in "House as in Committee of the Whole" 420 Parliamentary law as to amendment to the title , . . . 505 Obsolete requirement as to reading of amendments to 489 Reading, engrossment, and passage. Reading, engrossment, and passage of 811 First and second readings 812 Manner of reading a bill the second time 421 The third reading after engrossment 813 Test of strength on engrossment after amendment 422 Test of strength on a bill before amending 423 Obsolete requirements as to third reading and passage 485, 486 Debate in relation to third reading 491 Putting the question on the passage of 492 Clerk certifies to passage of all 636 Question on rejection of, comes indirectly 477 Division of, not in order, on vote on engrossment or passage . 775 Voting on 814 Effect of rejection or passage of. Action on similar bill after rejection. 814 Once rejected not to be brought up again at the same session . 508 Expedients for changing the effect of bills once passed 509 [500] INDEX. Bills — Continued . Effect of rejection or passage of — Continued. Section. Exceptions to the rule against bringing up a matter once rejected 510 Bills not altered after their passage 493 Use of joint resolution to correct error in bill sent to the President 511 Passage of supplementary bills 511 Obsolete parliamentary practice as to riders 488 Procedure on loss of 345 Improper alteration of ' 345 Action of the two Houses on. Both Houses pass identical 814 Not to be noticed in other House until communicated 301 Rejection of, communicated to the other House 561 Fail when both Houses continue to insist or adhere 515 Lost when conference report is not acted on 542 From tB.e other House laid on the table 512 Information from the other House as to 513 Votes by which they are passed not communicated 560 When neglected by the other House 563 For raising revenue to originate in House 99 Approval of, by President. Enrollment, signing, and presentation to the President for approval 565-570 Duties of Committee on Enrolled Bills as to 719 Signed by Speaker 617, 618 Speaker declines to sign when motion to reconsider is pending 798 As to signing of enrolled by Speaker pro tempore 627 Effect of recess of Congress before approval 878 When signed by President deposited with Secretary of State . 102 When vetoed and passed to be deposited with Secretary of State 106 Presented to President for approval 101 Method of approval 101, 102, 107 Notice of approval 103 Method of disapproval 101 Notice and action as to disapproval 104-106 Errors in when sent to President 107 Become laws without President's approval 108 [501] INDEX. Bills op credit. Section. States not to emit 160 Blanks. Eule as to filling by amendment 448 Amendments, filling as to time 468 Pilling those left by the other House 471 Not counted in vote by ballot 909 Blood, corruption of. For treason 206 Bonded debt. Jurisdiction of subjects relating to 670 Books. Not to be taken from the Clerk's table during debate 357 Doorkeeper to take inventory of 644 Borrow. Power of Congress to borrow money 114 Botanic garden. Under control of Committee on Library •. 717 Boundary lines. Jurisdiction of bills relating to 672, 681 Bounties. Debt incurred for, certain not to be questioned 274 Breach op the peace. Members not privileged from arrest for 89, 90 Relation of privilege to cases of ■ 298,299 Bribery. Power of House to punish attempts at, on Members 287, 288 An impeachable offense 192 Bridges. Jurisdiction over bills relating to 676, 681 Building, oppicb. Assignment of rooms in 940 Buildings, public. Power of Congress over places purchased for 142 Appropriations for, as in continuance of a public work 822 Jurisdiction as to, generally 693 Jurisdiction as to buildings abroad 681 Jurisdiction as to marine hospitals 676 Jurisdiction of bills for penitentiaries 672 Jurisdiction as to immigrant stations 710 Jurisdiction as to Patent Oflfice 698 L502] INDEX. BUHDEN OP PROOF. Section. On those proposing items in a general appropriation bill 819 Business. In general. May be transacted only by quorum 52, 55, 503 Not transacted before reading of Journal 614 As related to election of Clerk 30 Parliamentary law as to that pending attheendofa session . . 585 Obsolete law as to, at end of a session 378 Resumption of business of a preceding session of Congress. . 878 Order of. Statement of Order of business Page VIII Unfinished. See Unfinished business. Cabinet. President may require opinions from members of 179 Of President, gallery for use of 897 Cables. Ocean, jurisdiction of subjects relating to 676 Calendar Wednesday. Rule for order of business on 874 Business of, protected by two-thirds vote 725 One committee can not occupy but two days, except for unfin- ished business, untU other committees called, even if call rests on said committee 875 Previous question ordered on bill undisposed of on Tuesday, comes up as unfinished business Thiu'sday 875 In order to consider President's veto 875 on Calendar Wednesday 875 Decisions on Calendar Wednesday 875 Privilege of revenue and general appropriation bills limited on 784-875 Calendars. The three for reports of committees 729 Nonprivileged reports filed with the Clerk for reference to 730 Adverse reports 731 For unanimous consent and decisions 732 For motions to discharge a committee 884A Bills taken from committees on motion to discharge placed on.'. 884A Of Committee of the Whole, order of taking up bills on 847 [503] INDEX. Call of committees. Section. Rule and practice for consideration of bills during. . , 866, 867 Place of, in order of business 856 Unfinished business in 863-865 In order on Calendar Wednesday 874 Business on Calendar Wednesday protected by two-thirds vote 725 Interruption of, for consideration of nonprivileged bills in Com- mittee of the Whole 868, 869 Call op the House. Power to compel attendance 52, 55 Motion for, in order in absence of quorum 55 After previous question is ordered 792 The call of the House in the old form 751 Ordering and conducting the call of the House in the old form. . 752 Arrest of Members ; 753 Motions during a call of the House 754 Count of those not voting to make a quorum of record on a roll call . 755 Call of the House in the new form 756, 757 Rule of Parliament as to 304 Call to order. For disorder in debate 744, 745 May interrupt Member having floor 386 Canals. Jurisdiction of committees as to 676, 678, 690 Capital. Power of President to convene Congress at a place other than seat of government 189 Capitation tax. To be proportioned to census 152 Capitol, Speaker's control of House wing of 616 Superintendent of, admitted to floor of the House 894 Jurisdiction as to matters relating to building 693 Capitol police. Duties of Sergeant-at-Arms as to 641 Captures. Congress to make rules concerning 131 Caucus. Held in hall of House 893 Cemeteries, national. Jurisdiction of bills relating to 682 [504] INDEX. Procedure of punishment by g3 Speaker not to administer of own authority 615 Of Member when called to order in debate 744, 745 Pvmishment for personalities in debate 356 For assault on Member for words spoken in debate 91 Course of a Member, when subject of debate as to 368 Of a Delegate 727 Census. Object of. Taken as basi^ of apportionment 15 Capitation or direct taxes to be proportioned to 152 Committee on. History and jurisdiction of 720 Ceremonies. As to participation of the House in 380, 381 For deceased Members 935-937 Use of hall of the House for 893 Ceetificatbs. Of the electoral vote, transmittal and opening 170, 262 Currency, jurisdiction of subjects relating to 673 Chair. Speaker takes it at hour of meeting, not waiting for ascertainment of a quorum 303, 614 Speaker takes, to restore order in Committee of Whole 615 To be addressed when a Member desires to interrupt in debate. . 357 Chairman. Of standing or select committee. Of committees elected by House 310, 664 Committee on Rules elected by House 661 Speaker appoints select and conference committees 663 Presides over committee 310 Of committee, bound to cause the committee to rise when the House sits 317 Usually reports from a standing or select committee 310, 408 Procedure of, in submitting reports from standing or select committees , 411 Of committees, prior claim of, to recognition 738 Appoints the clerk of the committees 666 Administers oaths to witnesses 336, 339, 932 Of Committee of the Whole. Selection of 320, 839 Seating of 321 69373°— 12 33 [505] INDEX. Chairman — Continued . Of Committee of the Whole — Continued. Section. Power to preserve order 839 Functions of 840 Reports of 927 Always reports from Committee of the Whole 408 Causes roll to be called on failure of a quorum and reports. . . 841 Report of, alone recognized 328 Administers oaths to witnesses 336, 339, 932 Of joint committee. Of a joint committee 318 Challenge. Of the rightjOf a Member to take the oath 234, 235 Change. Of votes on roll call 749 Parliamentary law as to change of vote 504 Chaplain. Election and oath of 628 Offers prayer 614, 647 Place in order of business of prayer by 856 Chabges. Against a Member or Senator in course of an inquiry 814-316 Course of Member when charges against himself are debated 368 Chief Justice. Presides over Senate when President of United States is tried. . 38 Citizens. Of the United States and the several States 268 Privileges and immunities not to be abridged 268 Those of the United States as to voting 275 Privileges and immunities of, in States other than their own 210 Of States, judicial power extends to cases affecting certain 198 Limitations on suits of, against States 260 Citizenship. As qualification of Member 9, 10 As qualification of a Senator , 35 As a qualification of the President of the United States 172 Reference to, as a qualification for suffrage 270 Civil law. Jurisdiction of subjects relating to 672 Civil officers. May be removed by impeachment 192 [506] INDEX. Civil offices. Section. Members not to be appointed to certain 93 Civil service. Jurisdiction of matters relating to 706 Civil war. Jurisdiction as to pensions from 699 Claims. In general. Constitution not to prejudice certain 218 Those for slaves not to be paid 274 Ex-Members interested in, not admitted to the floor 894 Relation of officers and employees of House to 912 Withdrawal of papers relating to 908 Consideration of, on Fridays 870 Authorization of payment of, on general appropriation bills. 818 Bills referring to Court of Claims considered in Committee of the Whole 843, 844 Reference of bills for private, restricted to certain commit- tees 826A Jurisdiction of, generally 682, 685, 686, 688, 701 Jurisdiction of war claims 702 Jurisdiction of private land claims 685 jurisdiction as to certain foreign 671, 681 Jurisdiction of subjects relating to international and other. . 672 Committee on. History and jurisdiction of 701 Considers private claims 826A Court of. Status of reports of, on the calendars 729 Classes. Of Senators 33 Clerk. Election and oath of. Election and oath of 628 Election of, as related to business and adoption of rules. ... 30, 59 Oath administered to, by Speaker 230 In absence of, Chief Clerk acts 639a Duties at organization of Souse. Duties of, at organization of the House 630 Continues in office until successor is elected 630 Makes up the roll for organization 631 Officiates at election of Speaker 305 [507] INDEX. Clerk — Continued . Duties at organization of House — Continued. Section. Sergeant-at-Arms maintains order under direction of, pending election of Speaker 640 Duties of, as to drawing of seats 892 Legislative duties of. Stands while he reads 421 Duty of, to read motions 759 Duties as to introduction of bills, etc 827 Attests and seals writs, warrants, etc 635 Certifies to passage of bills 636 Duties of, in taking vote by yeas and nays 497 Duties as to calling the roll 748 Announces pairs 652 To note Members to make a-quorum on a vote of record 755 Duties of, on call of the House 751, 756 Required to note questions of order with the decisions in the Journal 634 Duties as to distribution of Journal and documents 634 Refers nonprivileged reports to Calendars 730 Duties of, as to placing bills on Calendar for unanimous consent .- 732 As to motions to discharge committees. 884 A Delivers resolutions of inquiry 835 To make no changes in enrolling a bill 566 Amends section numbers of a bill 472 To allow no papers to be taken from the table or out of his custody 345 Duty as to custody of committee papers 907 Duties and powers as to papers on file 908 Executive duties of. Duty to furnish to Members a list of certain reports 633 Makes certain contracts 637 Keeps contingent and stationery accounts and furnishes stationery 638, 639 Pays ofiicers and employees 639 Certifies to compensation of Members during recess 86, 639 Discretionary authority as to printing 639, 914 Receives and prints testimony taken in election cases 639 Clerks. Of Members. Allowance to Members for 88 [508] INDEX. Clbbks — Continued . Of committees. Section. Of committees, appointment, pay, and privileges of 666 Duties of Committee on Accounts as to 715 Of committees, admitted to the floor under certain con- ditions 894 Of committees, duties as to papers 907 Clerk's desk (or table). Disorderly words taken down at 745 Member may address the House from 734 No Member to remain near, during roll call 747 Members not to write at or take books or papers from, during debate 357 Cloakrooms. Exclusion of persons from 896 Closing. In debate, right to, in various cases 746 Of debate, as related to opening 743 Coast defenses. ^ Jurisdiction of appropriations for. . . , 671 CODEFTCATION. Of laws, jurisdiction of, bills for 705 Coexisting questions. Jefferson's discussion of 476 In general 478 Coin. Congress to regulate value of 120 Congress may provide punishment for counterfeiting the 122 States to make gold and silver only a tender for payment of debts. 160 Coinage. Power of Congress to 120 States not to make 160 Jurisdiction of subjects relating to 674 Coinage, Weights, and Measures, Committbe on. History and jurisdiction of 674 One Delegate on 727 Colleges, agricultural. Jurisdiction of bills relating to 680 Color. Suffrage not to be abridged for 275 COMFOHT. To enemies of the United States 204, 273 [509] INDEX. Commander in chief. Section. President the 178 Commerce. Power of Congress to regulate 116 No regulation shall give preferences to any ports 156 Jurisdiction of subjects relating to 675-677 Commissions. President to issue, to officers 190 For recess appointments of the President 185 Created by law to sit in a recess after expiration of a Congress. . . 582 Places on, not incompatible offices 95 Commit, motion to. Precedence and use of. Precedence and general conditions of 765, 770 Has precedence of motion to amend. 442 Repetition of 765 Not to be suppressed by another privileged motion 443 May not be postponed 444 Discussion of relations of, to early use of the previous ques- tion 441, 442 Use of 439 Not used in Committee of the Whole 770 Instructions with 771 Application of to bills. In order as to bill on third reading 487 Method of dividing a bill by, with instructions 469 After previous question is ordered, privilege and effect of. . 786, 790 Opposition have preference in recognition for, after previous question is ordered 765 After previous question is ordered. Committee on Rules limited as to 725 Not applied to reports from Committee on Rules pending previous question 725 Committee of the Whole. In general. Two continuing committees of 325 No control over admission to the floor 894 Relations of, to the Congressional Record 900 House may attend impeachment trial in 610 Rare case of investigation conducted by 336 Procedure of the House as in 417-420 [510] INDEX. Committee op the Whole — Continued. Chaimwn of. Section. Selection of chairman 839 Parliamentary method of selecting 320 Chairman preserves order 839 Functions of 840 Quorum of. Quorum of 322, 841 Failure of quorum in 841 Rising and reports as related to quorum 842 Sitting, rising, etc. Form of going into Committee of the Whole 321 Report from Committee on Rules not in order after House votes to go into 725 Informal rising to receive a message 323, 556 May take a recess only with consent of the House 579 Motions to ga into. Privileged motion to go into, to consider revenue and general appropriation bills 784 Consideration of nonprivileged bills in, after call of com- mittees 868, 869 Place in order of business for motions to consider nonprivi- leged bills in 856 Nonprivileged public bills in, considered on Calendar Wednesday 874 Motion in order as to consideration of private business in, on Fridays 870 Subjects considered in. Subjects requiring consideration in 843 Construction of the rule requiring consideration in 844 Bill must show on face falls within the rule 844 Subjects not requiring consideration in 845 General practice as to consideration in 846 Old parliamentary usage as to consideration of matters in, as modified by House Rules and practice 319 Senate amendments considered in 809, 810 Reference of Senate bills from Speaker's table to 860, 861 Questions of order on appropriation bills in 816 Elimination of portions of general appropriation bills by 816 Conference report not referred to 543 Recommittal of bills to 413 As to origination of business in. 405 [511] INDEX. Committee op the Whole — Continued. Procedure in, as to motions, etc. Section. Application of House Rules to .• 333, 855 Motions for previous question and to adjourn not used in. 326, 787 Motion to reconsider not in order in ■ 794 Yeas and nays not taken in 76 Relations of motion to strike out enacting words to 853, 854 Amendments not to be withdrawn in 806 Debate in. Hour rule of debate applicable to 742 General debate in 848 Motion to close general debate 849 Relevance of debate in 736 Closing the five-minute debate 852 Reading and amendment in. Reading of a bill in 812 Amendments in 329 Amendment imder five-minute rule 848, 850 Pro forma amendments 851 Order of business in. Order of business in 847 Calendars for the business of . . .■ 729 Unfinished business in 865 Reports of, and consideration in House. Form of report of Chairman of 927 Parliamentary law as to reports from.. 327 Duties of Speaker and House as to reception of reports of .. . 328 Bills from, considered in the House 331 Amendments of, considered in the House 330 Action of the House on amendment reported from 416 Discharge of 332 Disorder in. Speaker restores order in > 615 Sergeant-at-Arms enforces order in 640 Quarrels in, and duty, of the Speaker as to 324 Effect of breaking up of, by disorder 325 Action in case of disorderly words in 745 Disorderly words taken down in, reported to the House 362 Questions of privilege in 659 Committee stenogbaphbes. Appointment, etc., of 898 [512] INDEX. Committees. Constitution and election of. Section. Names and number of the standing 661, 662 Speaker not to be a member of Rules Committee 662 ' Serve through a Congress 310 Reports, dissolution, and revival of select committees 412" Form of resolution for creating, for investigations 931 Old and modem requirements as to constitution of 395 Delegates appointed to certain > 727 Delegates do not vote in 727 General power of delegates in 727 Service of resident commissioner on 728 Rules and practice as to the appointment of 310-661 Member-elect may be appointed on, before taking the oath. . 293 As to appointment of Members under indictment or con- viction to 298, 299 House elects the standing committees 661 Speaker appoints select and conference committees 663 Election of, by ballot 909 Selection of chairmen of select and standing committees 664 Clerks of, appointed by the chairmen 666 Jurisdiction of, and reference to. Powers, duties, and jurisdiction of 667 For jurisdiction and history of, individually, see Jurisdiction. Jurisdiction of House bill returned with Senate amendment on a different subject 667 Jurisdiction of, as affected by errors in reference of bills. . 831, 832 Jurisdiction as to creation, and duties of 713 Nearly all business of the House considered in 439 Receive petitions only through the House 313 Act only on matters referred to them 405 As to right of, to originate matters 667 Portions of papers referred, but bills not divided for refer- ence 414 Private claims to be referred to certain 826A Recommittal to elect or standing, or of the Whole 413 Duty of, in case of recommittal with instructions 413 Bills not to be brought back from, on motion to reconsider. . 802 Delivery of bills to ,. 396 Functions of, in correcting errors of reference of bills 831, 832 [513] INDEX. Committees — Continued . Jurisdiction of, and reference to — Continued. Section. Parliamentary law (largely obsolete) as to reference of bills to 394 Papers not read in House on ordinary reference to j 429 Sittings and procedure of. Meeting and action of 400 Rise when the House sits unless leave be given to remain Sitting 317 Rules, alone privileged to sit during sitting of the House. 317, 726 May be empowered to sit during recesses of a Congress 582 Ma> only act when together -• 400 Quorum of a select or standing 402 Presence of Member of the House in a select 403 Secrecy of procedure 312 Debate in 311 Power of, over body and title of a bill 404 Parliamentary law governing consideration of bills in 405 As to reconsideration of a vote in 409 Method of voting amendments to a bill in 410 Reports of. Forms of reports from 928 Reports of, to be in writing and to be printed 803 Amendments reported by, should be germane 777 Authorization of reports of 401 Direction of, for making its report 408 Reports of, by whom made 310 Parliamentary and present method of submitting reports of, to the House 411 The Calendars on which reports of, await action of the House 729-732 Rights of, as to placing adverse reports on the Calendar . . . 730 Views of the minority 730 Privileged reports of 722, 7-24 Origin and effect of the rule giving privilege to certain re- ports 723 Privilege of individual committees to report 724 Privilege of reports from Committee on Rules 725 Report from Committee on Rules, devisible 725 Limitations on reports from Committee on Rules 725 Practice as to reading reports of, in the House 428 Action of the House on reports from 415 [514] INDEX. Committees — Continued. Reports o/— Continued. Section. Action of the House on amendments reported from 416 Prior claim of Member in charge of bill to recognition 738 Prior right of Members of, to recognition for debate 740 Discharge, instructions, etc. Motion to discharge 399, 884A Motion to discharge from consideration of vetoed bill 105 Recommittal with directions to report forthwith 398 Obsolete provision for direction to withdraw and bring back a bill 397 Speaker usually does not judge of fidelity of, to instructions. 620 Call of. Place of, in order of business 856 Business on Calendar Wednesday protected by two-thirds vote 725 In general. Reference in debate to proceedings of 353 Custody of papers of 907 Responsibility of Doorkeeper as to property in 644 Duties of, as to resolutions of inquiry 834, 837 Rights as to motions to suspend the rules 879, 882 Discretion as to printing hearings, etc 914 Method of examiaation of witnesses befora 336 Conferences held by means of select joint 525 Correction of error in Journal by 576 Committees, joint. Quorum, chairman, and voting in 318 Authorized by concurrent resolutions 389 Common defense. Power of Congress to provide for 112 Common fame. As a ground for impeachment 598 As foundation for investigation 334 Common law. Jury trial for suits at 252 Rules of, in courts 252 Communications. Rule for reference of 860, 861 Executive, transmission of, to House 911 Compact. States not to make, without consent of Congress 164 [515] INDEX. Compensation. . Section. Of Representatives and Senators ■--■ 85-88 QlSpeaker 86 Of President of the United States 175 Of judges 196 Of clerks of committees 666 Sergeant at Arms disburses that of Members 641 Clerk disburses that of employees and certifies that of Members in recess 639 Of witnesses 906 For private property taken for public use 248 Compulsory process. For obtaining witnesses 250 Concur, motson to. Relative to striking out enacting words 853 See Agree, motion to. Concurrent resolutions. Nature and use of 389 As to approval of, by the President 389 Adjournment for more th^n three days by 84 Confederation. Validity of debts of 225 States not to make 160 Conferees. , Managers restricted to differences between the two Houses 539, 886, 942 See Managers of conference. Conferences. Objects and nature of. Usually asked over differences as to amendments 523 Over matters other than differences as to amendments 524 Parliamentary law as to free and simple 532 Free and simple in modern practice 533 Free or instructed. 1 550 Parliamentary law as to purposes for which conferences may be held 551 Obsolete provision as to conference on first reading 552 Relations of adherence and conference under the parlia- mentary law and in Congress 546, 547 By means of select committees 525 Questions asked of other House by, rather than by message. . 562 Effect of recess of Congress on , 878 [516] INDEX. CoNPBBBNCES — Continued. As to requests for. Section. Requests for 523, 526 Requests declined or neglected 527 Motions to request 528 Adherence does not prevent granting request for 515 Managers and their powers. Managers of 529 Speaker appoints 663 Reappointment of managers at second or subsequent 530 Vacancies in managers 531 Meeting and action of managers 541 Managers restricted to the disagreements of the two Houses 539, 886, 942 Remedy where managers exceed their authority 540 Instruction of managers of 534 Text fo which both Houses have agreed not to be chained by managers unless by authority of both Houses 520 Speaker decides as to validity of reports 620 Reports of managers. Parliamentary law as to reports of managers 535 Forms of conference reports 536, 929 Partial reports 537 Reports of inability to agree 538 High privilege of 885 Not to interrupt reading of journal 614 Have precedence of motion to reconsider 794 Precedence of, over report from Committee on Rules 725 As to consideration in Committee of the Whole "845 Action on a report in the two Houses 542 Motions in order during action on a report 543 Effect of disagreement to a conference report 544 When on constitutional amendments agreed to by two- thirds vote 224 Accompanying statement 886 Printing of reports and statements in the Record 887 Custody of papers in. After an efiective conference 548 When managers fail to agree » 549 When asked before disagreement 545 Confession. In cases of treason 204 [517] INDEX. Congress. Meeting, term, etc. Section. Meets once a year 45 Term and adjournment of 6 Neither House to adjourn for more than three days or to an- other place without consent of the other 82 Power of President to convene or adjourn Houses of 189 President to give information of the state of the Union to. . . 187 Powers of — legislative and general. Legislative 3 To make laws to carry its powers into effect 144 To regulate commerce 116 To regulate naturalization and bankruptcy 118 To regulate coinage, weights, and measures 120 To establish post offices and post roads 124 To establish patents and copyrights 126 As to migration or importation of persons 146 Consent of, to acceptance of certain gifts 159 Powers of — as to taxes, money, property, and territory. To lay and collect taxes, etc 112 To borrow money 114 Money to be drawn only on appropriations by 158 Over the seat of Government and ceded places 142 Over the territory and other property of the United States. . 218 Powers of — as to war. To declare war, grant letters of marque, etc 131 To support armies 133 To provide a navy 135 To make rules of government for land and naval forces 137 To provide for calliug out the militia 138 To provide for organization, etc., of militia 140 Powers of — as to elections, suffrage, etc. May provide for succession to Presidency or new election. . 174 Determines time of choosing electors 170 Power to make or alter regulations as to elections of Repre- sentatives 42 As to apportionment and establishment of districts 270, 271 To legislate to, enforce the thirteenth, fourteenth, and fif- teenth amendments to the Constitution 266, 274, 275 To remove political disabilities. 273 [518] INDEX. Congress — Continued . Powers of— as to courts, etc. Section. Regulates jurisdiction of Supreme Court 200 To establish inferior courts 128, 196 To fix places for trial of crimes 202 To regulate the proving of acts, records, and judicial pro- ceedings of the States 208 Powers of — as to the States. As to admission, consolidation, or division of States 216 May revise and control certain State laws 162 No State to lay imposts or duties on exports or imports with- out consent of 162 Consent of, for certain acts of States as to duties, troops, war, and compacts 164 Powers of— to provide certain punishments. To provide punishment for counterfeiting 122 To provide punishment for piracies, etc 129 To declare punishment of treason 206 Powers of — as to amending Constitution. As to amendments to the Constitution 222 To propose amendments to the Constitution or call a con- vention 222 Poioers of — Limitations on. As to religion, free speech, or right of assembly and petition . 240 No bill of attainder or ex post facto law to be passed 150 Limitation on capitation or other direct tax 152 No export duties to be laid 154 No preferences to be given as to comjuerce by water 156 No titles of nobility to be granted 159 As related to writ of habeas corpiis 148 Laws of, not binding on House in judging elections 51 Congressional Directory. Supervision of 718 Congressional Record. Reports of debates. General control of Committee on Printing over 718 Not the oflBcial record of proceedings 69 Correction of 901 Privilege of propositions, to correct 898, 902 Privilege of Member to revise his remarks 903 "Leave to print" in 904 [519] INDEX. Congressional Record — Continued. Reports of debates — Continued. Section. Relation of Committee of the Whole to 900 Power of Chairman of Committee of the Whole over 840 Reporters of debates 898 Relations of Speaker to 899 Matters recorded in. Messages from President entered in 862 Certain messages printed in 910 Printing of conference reports in 887 Introduction of bills, petitions, resolutions, etc., entered in. 827 Reference of public bills, memorials, etc., entered in 832,833 Pairs printed in 652 Titles of reported bills entered in 730 Consent. UrMnimous. Calendar for bills to be considered by 732 Ordinary function of Speaker as to recognition of requests for 741 Interruption of the order of business for 859 Correction of reference of public bills may be made by 832 Private claims to be referred to certain committees Only by. 826A Required for withdrawal of amendment in Committee of the Whole , 848 Request as to admission to the floor not to be entertained. . 894 Of Congress. For certain acts of States as to duties, troops, war, and com- pacts 164 No State to tax imports or exports withoiit 162 For acceptance of certain gifts 159 Of a State. Required before its equal suffrage in the Senate may be disturbed 222 Consideration, question of Form and history of 761 Conditions of raising 762 Questions subject to 763 Relation of, to points of order 764 Not to be raised against a report from. Committee on Rules 725 Where quorum fails on yea and nay vote and adjournment inter- venes 76 [520] INDEX. Consistency. Section. Speaker not to decide questions of 459 Constituency. Apportionment and establishment of districts 270, 271 Status of, as related to right to take the oath 236 Constitution of the United States. Establishment, etc. Established by the people 1 Supreme law of the land 226 President sworn to preserve, etc 176 Oath to support 228 Officers of House sworn to support 629 Disabilities arising from violation of the oath to support 273 Powers delegated to the United States by 258 Enumerated rights of, and those reserved to people 256 Judicial power extends to cases of law and equity arising imder .« 198 Nothing in it to prejudice certain claims 218 JeffeiBon's discussion of privilege of Members of Congress under the 282,283 Eatification and amendment of. Ratification of 239 Methods of amending 222-224 Limitations on amendment of 222 Joint resolution for amendment of, not approved by President 110 Yeas and nays not necessarily taken on amendments to 76 Differences as to an amendment to, committed to conference. 523 Two-thirds vote on conference report as to 542 Amendments to, jurisdiction over 672, 707 The fifteen amendments of 240-276 Constitutional conventions. Relation of, to State l^islatures, in fixing times, etc., of elections 43 Constitutional prerogatives. Questions relating to, treated as of privilege 654 Precedence of questions of 656 Constitutional privilege. Questions relating to 654, 656 Constitutions. Those of States subordinate to that of United SUtes 226 69373°— 12 34 [521] INDEX. Consular service. Section. Jurisdiction of eubjects relating to 681 Consuls. President appoints 183 Jurisdiction of Supreme Court in cases affecting 200 Judicial power extends to cases affecting. 198 Contempts. Power of the House to punish for 287-292 Contestants. In election cases, admitted to the floor 894 Relations of, to incompatible offices 97 Contests. See Elections. Contingent fund. Duties of Committee on Accounts as to ,. 715 Clerk keeps account of disbursements out of 638 Continuation of a public work. Appropriations for 815, 820-823 Contract labor. Jurisdiction of bills relating to 696 Contractors. Not ineligible as Members 95 Contracts. Obligations of, no State to impair .iJ.'i.. 160 Clerk makes or approves certain ...■_ 637 Controversies. To which the judicial power extends 198 Convention. To amend the Constitution, method of calling of 222 Convict labor. Jurisdiction of bills relating to 696 Conviction. Two-thirds vote for, in impeachments 38 Evidence for, for treason 204 For crime as basis for involuntary servitude 266 Copyrights. Power of Congress to provide for 126 Jurisdiction as to bills relating to 698 Corporations. Jurisdiction of subjects relating to 672 Jurisdiction of bills creating 680 681 717 [522] INDEX. CoEKEcnoN. Section. Of Congressional Record 898, 901, 902 Of reference of public bills, place of, in order of business 856 Of reference of bills, etc., from Speaker's table 860, 861 COBRIDOES. Speaker's control of - 616 Corruption. Of blood, for treason 206 Cost, limit op. On public works 819 Coughing. Not in order during debate 357 Counsels. For accused in criminal prosecutions 250 In cases of expulsion 65 Admission of, in investigations 341 Count. Electoral. Constitutional provision for 262 Jiuisdiction of matters relating to 707 On a division. Duty of Speaker to make an honest count on division 623 Of a quorum.- On roll call and otherwise by Speaker 54, 755 Of House when absence of quorum is observed 303 Not to be verified by tellers 54 By Speaker, to ascertain as to quorum after previous ques- tion is ordered 792 Counterfeiting. Congress may provide punishment for 122 Jurisdiction of subject of , . 672 Court-houses. Jurisdiction as to bills for construction of 694 Courts. Of the United States. Judicial power vested in supreme and inferior 196 Congress to constitute inferior 128 Jurisdiction of, in general 198 Jurisdiction of Supreme Court 200 Limitations of judicial power in suits of law or equity 260 Trials of suits at common law in 252 [528] INDEX. Courts — Continued. Of the United States — Continued. Section. Judges bound by Constitution and laws 226 Tenure, compensation, etc., of judges 196 Inferior, their judges 196 Appointment of officers of.. 183 As related to proceedings of Congress. Privilege of Members of Congress as to demands of 284, 285 Relations of Members of Parliament to 281 Relations of State courts to election cases 50 Status of reports of Court of Claims on calendars 729 Reference of claims to Court of Claims considered in Com- mittee of the Whole 843, 844 Jurisdiction as to certain, in District of Columbia 704 Jurisdiction of subjects relating to .- 672 Jurisdiction as to, in foreign lands 681 Credentials. As related to the right of a Member to take the oath 236 Prima facie effect of, dependent on vacancy 23 Elections Committees may consider questions as to 669 Credit. Power of Congress to borrow money on 114 For public acts, records, and judicial proceedings of a State in other States 208 States not to emit bills of 160 Jurisdiction of subjects relating to pubUc 673 Crimes. Persons to be held to answer for, only on conditions 248 Extradition for 212 Trial of all, except in impeachments, to be by jury 202 High, impeachable offenses 192 As to what are high 194 Abridgment of suffrage for 270 Involuntary servitude as punishment for 266 Jiuisdiction of subjects relating to 672 Criminal law. Jurisdiction of subjects relating to 672 Criminal prosecutions. Rights of accused in all 250 Security as to accusations, and trial 248 [524] INDEX. Criticism. _ g,,t,<,„ Of the House and its proceedii^, in debate 354 Of the Speaker 355 Of the motives of Members 356 Cruel punishments. Not to be inflicted 254 Cuba. Jurisdiction of matters relating to 688 Currency. Jurisdiction of subjects relating to 673 Current coin. Congress may provide pimishment for counterfeiting the 122 Custody. Procuriag attendance of witness in, from other House 338 Custom-houses. Jurisdiction as to buildings for 694 Dairy products. Jurisdiction of bills relating to 680 Dams. Jurisdictions of subjects relating to 675-676 Day. Speaker takes chair on each legislative 614 Journal dated as of legislative 69 Death. Of Member, vacancy caused by 18 Ceremonies for deceased Members 935-^937 Of Speaker 28 Of President of United States or Vice-President 174 Debate. Freedom of. Members not to be questioned for, in another place 91 Not to be interfered with by other House by notice of 301 Members of Parliament exempted from question as to. 281, 295, 302 Privilege of Members of Parliament as to 281 Obtaining the floor for. Procedure of the Member in seekihg recognition 347 Obtaining the floor in debate 734 Conditions under which a Member's right to the floor is sub- jected to the will of the House 348 Recognition of Members by the Speaker for debate 737-741 [525] INDEX. Debate — Continued. Obtaining the floor for — Continued. Section. Parliamentary law as to recognition by the Speaker 349 Motion to be stated before 759 The hour rule for debate 742 Member to speak but once, except one Member in reply — 746 Member who has spoken to the main question may speak to an amendment 458 Right of a Member to be heard a second time 350 Rights of Member as to opening and closing in debate 743 Interruptions of. Interruptions in j 357 Certain motions only in order when a question is under 765 Interruption of a Member in debate 734 Member hs^ving the floor in, not to be interrupted by motions, etc 386 Member in, may be interrupted by conference report 885 Messages received during 554 The call to order in debate 744" Words taken down in debate 745 Disorder in. Parliamentary law as to taking down disorderly words 361 Disorderly words taken down and reported from Committee of the Whole 362 Members censured for disorder in 63 Warm words and assaults 360 Disorder and interruptions during 357 Impertinent, superfluous, or tedious speaking 352 Parliamentary method of silencing a tedious Member 358 Personalities, references to other House, committees, etc. Decorum, relevancy, and abstention from personalities in debate 354, 734, 736 Criticism of the Speaker 355 Motives of Members not to be arraigned 356 Language reflecting on the House .353 Reference to proceedings of committees, etc 353 Debate and proceedings of the other House not to be noticed . 364 The other House and its Members not to be criticised 365 Duty of the Speaker to prevent expressiona offensive to the other House 367 References to the Executive 363 [526] INDEX. Debate — Continued. Closing of, in the House. Section. Effect of previous question on 786, 787 Not precluded until the negative has been put 475, 483 Effect of order of yeas and nays in closing 80 Limitations on. On secondary motions. ..... 765 Forty minutes of, after previous question is ordered 787-884 Forty minutes of, on motion to suspend the\ rules and on previous question 884 Twenty minutes of, on certain motions to discharge com- mittees , 884A On a question of order within the Speaker's discretion 620 Limit of, on.appeals 617 Permitted on motion to strike out enacting words 854 . On the motion to reconsider 801 General debate in Committee of the Whole. General in Committee of the Whole 848 Motion to close general, in Committee of the Whole 849 In Committee of the Whole under the old parliamentary usage 319 Five-minute debate. Rule as to five-miuute, in Committee of the Whole 848 Reading and amendment under the five-minute rule 850 Closing five-minute, in Committee of the Whole. , 852 Recognition for, under the five-minute rule. 850 Time not yielded under five-minute 850 Closing five-minute 852 Kve-minute, on motion to dispense with Calendar Wednes- day 874 Questions not debatable. Questions as to priority of business decided without 877 Appeals as to priority of business decided without 877 Motions to adjourn, lay on the table, and for the previous question not debatable : 765 Motion to discharge a committee not debatable . 399, 837 Correction of reference of public bills to be made without. . 832 Questions as to reading of papers determined without 889 Amendment to title decided without. 804 [527] INDEX. D EB ATE — Continued . In general. Section. Quorum necessary during 54, 503 Participation of the Speaker in debate 351, 735 Course of the Member when business concerning himself is debated 368 On bills, usually occurs before engrossment and third reading 491 Obsolete practice as to adjournment of 437 In standing and select committees 311 Official reporters of 898 Reporters of, duties of Committee on Accounts as to 715 Debt. Power of Congress to pay public 112 States restricted as to tender in payment of 160 Validity of those contracted prior to the Constitution .-. . 225 Validity of debt of the United States not to be questioned 274 None incurred in aid of insurrection to be paid 274 Claims for slaves not to be paid 274 Jurisdiction of subjects relating to bonded 670 December. First Monday in, for meeting of Congress 45 Decisions. Of the Speaker controlled by appeal 372 Declarations op war. Congress to make 131 Jurisdiction as to 681 Declination. Of seat by Member 20 Decorum. Speaker preserves, on floor 615 Clerk to preserve, at organization of the House 630 Conduct of Members in the hall 747 As to sitting in place 346 Decorum of Members in debate 734 Interruption of another Member in debate 734 The call to order in debate 744 Disorderly words taken down 745 Language reflecting on the House not to be used 346 Personalities in debate forbidden 354 Criticism of the Speaker 355 [528] INDEX. Decoruh — Continued. Section. Arraignment of motives 356 Disorder and interruptions during debate 357 Parliamentary method of silencing a tedious speaker 358 Naming a disorderly Member 359 Assaults and affrays 360 Debate and proceedings in the other House not to be noted 364 Other House and its Members not to be criticised 365, 367 Wearing of hats forbidden 370 Dedtjctions. From the compensation of Members 86 Defense. Power of Congress to provide for public 112 Jurisdiction of subjects relating to public 682 Counsel for, in criminal cases 250 Deficiencies. Jurisdiction of appropriations for 671 Degree. Of amendments 804, 805 Of amendments between the Houses 522 Delegated powers. Of the Constitution 258 Delegates. Establishment and nature of the office 727 Sworn 727 Power and privileges of, on the floor and as to committee service . 727 May be appointed tellers 624 May call Member to order 744 Impeachment began at instance of 596 Rule for drawing of seats of 892 Booms of, in office building 940 Compensation of 86 Stationery and clerk hire 88 Clerk keeps the stationery accounts of 638 Pranking privilege 939 Sergeant-at-Arms disburses pay and mileage of 641 Clerk to distribute certain documents to 634 Deuano. For yeas and nays, conditions of 77 Execution of a subsisting order not to be demanded while a Member has the floor in debate 386 [529] INDEX. Department op Agkicultuee. Section. Jurisdictioa of appropriations for and bills relating to, , . . , , 680 Department op Justice. Jurisdiction of subjects relating to 672 Department op War. Jurisdiction of matters relating to 682 Departments. Of Government, power of Congress to legislate as to 144 President may require opinions from heads of 179 Congress may vest appointment of certain inferior officers in heads of 183 Gallery for use of heads of 897 Heads of, admitted to the floor of the House 894 Jurisdiction of appropriations for 671 Expenditures in, jurisdiction as to 712 Executive, privilege of, aa to papers from the files 908 Reference of papers from 860, 861 Resolutions of inquiry to 834-838 Desertion. Consideration of bills removing charges of 682 Desk, Clerk's. No Member to remain near, during voting 747 Dilatory motions. Not to be entertained by the Speaker 785 Forbidden pending report from Committee on Rules 725 One motion to adjourn only in order pending motion to suspend rules 783 Right to demand yeas and nays not to be overruled aa 77 Direct tax. To be proportioned to census 152 Old apportionment of 14 Disabilities. Political, arising from disloyalty 273 Consideration of bills removing 672 Of President of United States, or Vice-President 174 Disagree, motion. Parliamentary principles as to disagreeing, insisting and adher- ing 514 Precedence of 479 Precedence of motion to amend over motion to agree or disagree. ' 521 Negative of, equivalent to affirmative of motion to agree 480 Amendments in order on motion to 480 [530] INDEX, Disagreement. Section. President may adojum Congress in a certain case of 189 Discharge. Motions to, of a committee 399, 884A "Vote to second by tellers 884A Quorum not present when voting by tellers, yeas and nays or- dered under call of House on seconding motion 884A Motion as to Committee of the Whole not privileged 332 Of a committee, from a resolution of inquiry 837 Motion to discharge a committee from consideration of vetoed bill 105 Discipline. Of the militia 140 Discoveries. Congress may provide exclusive rights to 126 Disease. Jurisdiction of subjects relating to 676 Disorder. Power of House to punish for 62-66 Galleries or lobby cleared by Speaker for 615 Proceedings in case of, on the floor 360 In Committee of the "Whole 324,325 Power of Chairman of Committee of the Whole as to, in galleries and lobby 839 Disorderly words taken down 745 Parliamentary law as to taking down disorderly words 361 Parliamentary law as to taking down words in Committee of the Whole 362 May interrupf reading of Journal 614 Disqualification . Members not to hold incompatible offices 94-98 As judgment in impeachment 41 Disqualifying interest. Of a Member as to voting 369,649,650 Distribution. Of President's annual message 670, 862 District op Columbia. In general. Power of Congress as to legislation over 142 Second and fourth Mondays for business of 876 Bills relating to, as unfinished business 865 Jurisdiction of appropriations for 671 Jurisdiction as to buildings, parks, and grounds in 693 [531] INDEX. District or Columbia — Continued. Committee for. Section. History and jurisdiction of 704 Districts. Adjustment of, to apportionment 271 Disturbance. Galleries or lobby cleared by Speaker for 615 Of another in debate not in order 357 Division. Of papers fcyr reference. Of matter for reference to committees 414 Of bills for reference 829 Rule as to voting by 623 Yoiing by. Division of the House after determination by sound 494 Parliamentary provisions as to division, not applicable in the House 495 Interruption of, by demand for yeas and nays 77 Not to be interrupted by conference report 885 Questions of order arising during, decided peremptorily 620 Messages not received during rising vote or vote by tellers. . 555 Decision by voice of majority — Tie votes 501 Two-thirds votes 502 Business suspended by failure of a quorum 503 Decisions of points of order during \ . 500 Of the question for a vote. Into substantive propositions 725, 774 Principles governing 775 Parliamentary law as to '. 473 Jefferson's discussion of 474 As related to debate on amendment 475 Motion to strike out and insert not divisible 776 Motion to recede and concur divisible 518 Dockyards. Power of Congress over places purchased for 142 Documents. Printing of 914 Reading of those, accompanying President's message 188 Clerk to distribute certain, to Members 634 Domestic violence. States may ask protection from 220 [532] INDEX. Doorkeeper. ggjt,„„ Election and oath of g28 Keeps the door 373 Enforces rule as to decorum on floor 747 Clears the floor of unauthorized persons 645 Enforces rules relating to the hall 643 Responsible for oflScial conduct of his employees 643 Custodian of furniture, books, etc 644 Liability of, for missing articles 644 Doors. Of the House kept by the Doorkeeper 373 Closed on call of the House 75I Drawing. Of seats, rule for 892 Due process op law. No person to be deprived of life, liberty, or property without. . . 248 No State to deprive a person of life, liberty, or property without. 268 Dxttibs. Power of Congress to lay and collect 112 To be uniform 112 Export taxes or duties prohibited 154 On persona migrating or imported 146 Not to be levied on commerce by water between States 156 States not to levy on tonnage 164 Limitations on rights of States to lay 162 Net produce of, to go to National Treasury 162 Economy. Of expenditures, jurisdiction as to 712 Education, Committee on. History and jurisdiction 695 Effects. Security of, as to searches and seizures 246 Election of President, Vice-President, and Representa- tives IN Congress, Committee on. History and jurisdiction of 707 Elections. Of officers of the two Houses. Of Speaker and other officers of House 26-30 Of Speaker 305 Of Speaker pro tem 307 Of officers of the House except Speaker 628 [533] INDEX, Elections — Continued . Of offAxrs of the two Houses — Continued. Section. Motion to proceed to election of Speaker of higher privilege than motion to correct the roll 631 Rule for, by ballot 909 Of President pro tempore of the Senate 306 Of officers of the Senate 37 Of a committee. On Rules 662 Of Representatives. By the people 5 Qualifications of electors 7 Suffrage not to be abridged for race, color, etc 275 Regulation of times, places, and manner of 42, 43 Jurisdiction as to laws relating to 707 To fill vacancies 17 Functions of State executive 24 Each House judge of 46 Power to judge as related to State laws 47-50 Power to judge as related to law of Congress 51 Clerk receives and prints testimony taken in contests 639 Of members, questions relating to, considered by Elections committees 669 Contests affected by death 18 Question of final right as related to oath 536 Prima facie title, enrollment by Clerk not conclusive as to. . 631 Of Senators. Of Senators 32, 34 Congress not to interfere as to place of choosing Senators 42 Vice-President votes in case of tie in cases of contest in Sen- ate 36 Of President and Vice-President. Of President of the United States and Vice-President. . . 166-170, 262-264 Of electors of President and Vice-President 170 Power of Congress to provide for special, for President 174 Majority of, required to choose a President of the United States 263 Qualification of electors of President as to loyalty 273 Committees on. History and jurisdiction of 668 Privileged reports of 722 [534] INDEX. Electoral count. Section. Constitutional provision for 262 Jurisdiction of matters relating to 707 Electoral votes. Transmittal and count of 262 Electors. Of President, appointment and numbers of 168 Qualifications of 168 Of President, voting of, and count of the votes 262 Of President, qualification of loyalty 273 Of Representatives, qualifications of 7 Emancipation. Of slaves, no compensation for 274 Emoluments. Conditions on acceptance of, by oflicers 159 Employees. Appointed by ofiicers of the House 629 Doorkeeper responsible for conduct of his 643 To be assigned only to the duties for which they are appointed . . 629 Of House, relation to claims 912 Duties of Committee on Accounts, as to 715 Clerk disburses pay of 639 Admission of, to the floor 896 Enacting words, striking out. Rule lelating to motion 853 Practice as to use of motion 854 Enemies. Treason to consist in adhering to or aiding 204 Aid or comfort to those of the United States 273 Engagements. Validity of those entered into before adoption of Constitution. . 225 Engrossment. Of a bill, question on, and procedure 811, 813 Properly done after bill is amended 421 Test of strength on 422 Indorsement of the title on an engrossed bUl 424 EJnrolled bills. Preparation and signing of. Parliamentary law as to enrollment 566 Practice of the two Houses of Congress as to enrollment 567 Report as to accuracy 618 , [535] INDEX. Enbollbd bills — Continued. Preparation and signing o/— Continued. Section. Signir^ of, for presentation to the President 568 Conditions of signing by the Speaker 618 Signature vacated 618 As to signing of, by Speaker pro tempore 627 Authority of pro tempore presiding oflBcers to sign em-olIed bills 569 Presentation of, to the President 570 As to raising a question of privilege over delay of, in reach- ing the President 565 Committee on. History and duties of 719 Privileged reports from 722 Enrolling clekk. To make no changes in text of a bill 566 Entry. Of yeas and nays on Journal 75 Enumeration. Of people for apportionment 15 Capitation or direct taxes to be proportioned to 152 Equal protection. Of law, guaranteed 268 Equity. Judicial power extends to all cases of 198 Limitation of judicial power in suits of 260 Equivalent questions. General discussion of 478-481 Negative of motion to agree to a conference report the same as disagreement ; 543 Errors. In reference of public and private bills 667 Correction of, in reference of bills, petitions, etc 831, 832 Correction of, in reference of a bill to a calendar 729 Correction of, in reference of bills from Speaker's table 860, 861 Correction of, in enrollment of a bill 566 Cancellation of signatures of an enrolled bill for 568, 618, In bills sent to President 107 Use of joint resolutions to correct bills sent to the President 511 In vote by tellers 624 In a yea-and-nay vote 749 [536] INDEX. Errors — Continued. Section Rectification of, after report by tellers 496 Correction of, in messages 55g Correction of, in the Journal by a committee 576 Questions of privilege affect integrity of proceedings 653 Establishment. Of religion, Congress to make no law respecting 240 Estimates. Of appropriations, transmission of, to Congress 911 Of cost of printing 914 Evidence. Methods of taking, by the House and committees'. 334-341 Duties of committee clerks as to 907 Examination. Of Members at bar of the House and before committees 339 Of witnesses before committees and at the bar of the House. . 336, 337 Of witnesses in an impeachment " 607 Admission of counsel in 341 Exceptions. Power of Congress to make, as to jurisdiction of Supreme Court. 200 Excbssivb bail. Not to be required 254 Excessive fines. Not to be imposed 254 Excises. Power of Congress to lay and collect '. 112 To be uniform 112 Exclusion. Of petitions, bills, etc., for cause 827, 831 Of Member for holding incompatible offices 98 Of Member-elect for disqualification 12 Excuses. , Members to be present unless excused 648 Requests for leave of absence 649 For absence at call of the House '. 752 Executive. References to the President in debate 363 Jurisdiction of subjects relating to 672 Executive communications. Transmission to House -• 911 Reference of 860,861 693730-12 35 [5.37] INDEX. Executive departments. Section. Section 169, Revised Statutes, authority to authorize appropri- ation for salary of clerks, etc 818 Resolutions of inquiry of 834-838 President may require opinions from officers of 179 Privilege of, as to papers from files 908 Expenditures in, jurisdiction as to 712 Executive expenses. Jurisdiction of appropriations for 671 Executive op State. May apply for protection against domestic violence 220 Power to demand fugitives from justice 212 Executive Officers. Bound by oath to support the Constitution 228 Executive power. Vested in the President 166 Ex-Member^. Admitted to the floor under certain conditions. . . ^ 894 Expenditures. Of public money, account to be published 158 Expenditures in the several, departments, committees on. History and jurisdiction of 712 Experiment stations. Jurisdiction of bills relating to 680 Explanation. Of Member called to order in debate 744 Personal, made by unaminous consent 734 Export duties. Forbidden 154 Limitation of right of States to lay duties on exports 162 Expositions. Jurisdiction of subjects relating to 721 Ex post facto law. ' None to be passed 150 States not to pass 160 Expulsion. Power of the House to punish by 62, 64, 65 Of Member-elect before taking the oath 293 Course of Member when subject of debate as to 368 Of a Delegate, question as to 727 • Expunging. Of entries on Journal 71 [538] INDEX. Extradition. Section. Of fugitives from justice in any State 212 Extraordinary occasions. Power of President to convene Congress on 189 Fact. • Privilege of the Speaker to speak as to 351 Jurisdiction of Supreme Court as to 200 Faith. For public acts, records, and judicial proceedings of a State in' other States. 208 Falsehood. Not to be charged on Members in debate 356 Fame, common. As foundation for investigation 334 As a ground for impeachment 598 "Father op the House." Administers oath to Speaker 230 Felony. Senators and Representatives not privileged from arrest for 89, 90 Relation of privilege to cases of 298, 299 Congress to punish, on the high seas 129 Extradition for 212 Field guns. Jurisdiction of matters relating to 671, 682 Files. Custody of committee papers 907 Withdrawal of papers from 908 Fines. Excessive, not to be imposed 254 As condition of discharging Member arrested for absence 55 First reading. Of bills, by title , 811, 812 Of a bill, obsolete requirement as to 392 Fisheries. Jurisdiction of subjects relating to, 679, 681 Five-minute rule. Reading and amendment of bills under 850 Pro forma amendments 851 Closing of debate under 852 Debate must be on the subject. 736 Debate on motion to dispense with Calendar Wednesday 874 [539] INDEX. Fix the day, jjotion to. Section. i , To which the House shall adjotim, conditions of 767 Flag. Jurisdiction of, subject of 672 Floor. Persons and oflBcials admitted during sessions of the House 894 Abuse of privilege of 895 Admission when the House is not sitting 896 Doorkeeper enforces rules relating to privileges of 643 Duty of Doorkeeper to clear of unprivileged persons 645 Speaker preserves order on 615 Smoking forbidden on 747 Admission of representatives of press to 905' Member to speak from any place on 734 Yielding of, in debate 734 Forces. Cor^ress to make rules for land and naval.'. 137 Land or naval, trial for crimes in 248 Foreign affairs. In general. President's relations to 183 Committee on. Ij History and jurisdiction of 681 Reports an appropriation bill 681 Foreign coin. Congress to regulate value of 120 Foreign ministers. I Admitted to the floor of the House 894 I Gallery for use of 897 ! Foreign nations. ij Power of Congress to regulate commerce with 116 I States not to make engagements with, except on conditions. . . . 164 ' Titles, gifts, etc., from, to be accepted on conditions 159 Judicial power extends to cases affecting certain 198 Limitations on suits of subjects of, against 260 Forest reserves. I Jurisdiction of bills relating to 685 ; Forestry. Jurisdiction of subjects relating to 680 I Forfeiture. In cases of, treason 206 [540] INDEX. Form op govbenment. Section. Republican, guaranteed to the States 220 Forms. Of putting question — For viva voce vote 622, 915 For vote by division 916 For vote by tellers 917 For yea-and-nay vote 918 On the previous question 919 On question of consideration 761 On engrossment and third reading of a bill. 811 On the passage of a bill 492 On a vetoed bill 920 Of petitions 921 Of orders 922 Of resolutions — Simple, of the House 923 Of inquiry 835 Concurrent 924 Joint 925 Of bUls 926 Of reports — From Committee of the Whole 326, 327, 927 From standing or select committees 928 From managers of a conference 929 Statement from managers 930 Of resolutions for adjournment, for a recess, or sine die 924 Of resolutions providing for investigations 931 Of special orders 933 Of salutation at reception of messages 557 Of going into Committee of the Whole 321 Of oath of Members 229 Of letters of resignation 934 Of resolutions on death of a Representative 935 Of resolutions on the death of a Senator 936 Of resolutions for memorial exercises 937 "Forthwith." ' Reference with instructions to report 771 Fortifications. Jurisdiction of appropriations for 671 Forts. Power of Congress over places purchased for, 142 [541] IKDEX. Forty minutes' debate. Section. After previous question is ordered 787 On motion to suspend the rules and on previous question 884 On certain motions to discharge committees 884A Recognition in 740 Franchise. Jurisdiction as to abridgment of elective 720 Franking privilege. Law as to 939 Fraud. In introduction of a bill 830 Free coNFEiiENCE. Parliamentary law as to 532 In modem practice 533 Usage as to 550 Freedom. Of religion, speech, the press, and right of assembly and petition. 240 Friday. Interruption of regular order on Fridays for consideration of the Private Calendar 870 Friday set apart for private business 873 Precedence of claim and war claim bills on Friday 870 Precedence of private pension bills on the second and fourth Fridays 870 High privilege of revenue and general appropriation bills on. . . 784 Unfinished business on 865 Fugitives. From justice, extradition of 212 From service or labor, return of 214 Furniture. Doorkeeper to take inventory of 644 Galleries. Distribution and control of 897 The press gallery 905 Speaker may order, to be cleared 615 As to right to demand clearing of 375 Power of Chairman of Committee of the Whole as to order in 839 General appropriation bills. River and harbor bill, not one of 678 High privilege of, in order of business 784 Consideration in order on Fridays 870 Precedence of, in Committee of the Whole 847 [542] INDEX. General appkopriation bills — Continued. Section. Privileged for report 722, 724 Considered in Committee of the Whole 843 Placed on Unioiy Calendar 729 Rule as to unauthorized appropriations, legislation and limita- tions on 815-825 General debate. Closing of, in Committee of the Whole 848, 849 General welfare. Power of Congress to provide for 112 Geological Survet. Jurisdiction of legislation relating to 692 Germane. Amendments required to be 777 To bill before House and not to general law sought to be amended 778, 790, 943 Amendment being considered, which would have been subject to point of order, may be perfected by germane amendment that would otherwise be out of order 824 Parliamentary law as to 460 One individual proposition not germane to another 778 A general provision not germane to a specific subject 779 Specific subjects germane to general propositions of the class. . . 780 Subjects not necessarily germane because related 781 Illustrations of germane amendments 782 Government. Republican form of, guaranteed to the States 220 Right of people to petition 240 Government Hospital for the Insane. Jurisdiction of matters relating to 704 Government Printing Oepice. Jurisdiction as to building of 693 Government, seat op. Power of President to convene Congress at another place 189 Power of Congress to legislate for 142 Governors op States. May apply for protection against domestic violence 220 Power to demand fugitives from justice 212 Fill certain vacancies in Senate 34 Issue writs to fill vacancies in representation 17, 24 Admitted to the floor of the House 894 [543] INDEX. Grand jurt. Section. Indictment by, as related to trial for crime 248 Grants. Of land, judicial power extends to cases affecti^ certain 198 Grievances. Right of people to petition for redress of 240 Grounds. Jurisdiction as to occupied or improved 693 Habeas corpus. Suspension of writ of 148 Hall of the House. Rules as to use of ' 893 Speaker's control of - 616 Persons and officials admitted during sessions of the House 894 Abuse of privilege of the floor 895 Admission when the House is not sitting 896 The various galleries and admission thereto 897 Doorkeeper enforces rules relating to privileges of 643 Doorkeeper's duty to keep room over, clear of persons 645 Electoral coimt held in 262 Harbors. Jurisdiction of subjects relatjjig to the improvement of 678 Jurisdiction of subjects relating to regulation of 676 Hats. Not to be worn by Members in the House 370, 747 Heads of departments. Congress may vest appointment of certain inferior officers in . . 183 Admitted to the floor of the House 894 Gallery for use of Cabinet 897 Rule for reference of papers from 860, 861 Health. Jurisdiction of subjects relating to 676 High crimes and misdemeanors. Impeachable offenses 192 As to what are 194 High seas. Punishment of piracies and felonies on 129 Hissing. Not in order during debate 357 Holidays. Jurisdiction of bills relating to 672 [544] INDEX, HOLMAN RULE. Sectiou. Legislation in order on appropriation bill if it retrenches expend- itures 825, 946 Must be authorized by committee having jurisdiction of sub- ject matter 825, 944 In order if reduces amount covered by the bill 825, 945 Decision by Chairman Garrett. 944 Decision by Chairman Saunders 946 Decision by Chairman Johnson, of Kentucky 945 Decisions under Holman rule 825 Homes, soldiers' Jurisdiction of subjects relating to 682 Hospital for the Insane, Government. Jurisdiction of matters relating to 704 Hot Springs, Ark. Jurisdiction of bills relating to 685 Hour op Meeting. Speaker takes chair at 614 Usually fixed at 12 m 614 Standing order as to, expires with the session 379 Jurisdiction of orders as to 713 Hour rule. Of debate 742 House as in Committee op the Whole. Procedure in 417-420 House Calendar. Certain bUla placed on, to await action of House 729 Bills on, considered on Calendar Wednesday 874 Bills from, on Calendar for Unanimous Consent 732 House or Representatives. Part of Congress 3 Composed of Members chosen by people 5, 7 May it prescribe qualifications of Members? 12 Vacancies in 17-25 Power to punish and expel its Members 62-66 Choose Speaker and other officers 26-30 Power of President to convene or adjourn 189 Electoral votes to be counted in presence of 262 Choice of President by 263, 264 Authority as to treaties 587-592 Has power of impeachment 31 Its power to make rules 58-60 [545] INDEX, House op Representatives — Continued. Section. Attendance of, at an impeachment trial 610 Bills for raising revenue to originate in 99 Questions of privilege afiecting 653, 654 Indecent language against, not permitted in debate 353 Required to keep a Journal 68 Meets at 12 m 6,614 Door of, kept by the Doorkeeper 373 Use of the Hall of 893 Assignment of rooms in Office Building 940 Houses. Of Congress. Each judge of elections, etc 46 Neither should encroach on the other 301 Questions as to prerogatives committed to conference 524 Right of each, to inspect journal of the other 575 Relations of, as to summoning Members or officers as wit- nesses 286 Procedure when an inquiry in one, implicates a Member of the other 316 Procuring attendance of witness in custody of other House. . 338 Bill from one laid on the table in the other 513 Infol-mation transmitted between as to bills 513 Do not communicate votes by which bills are passed 560 Communicate fact of rejection of a bill 561 Questions asked by committee, not by message 562 Messages between, to be sent only when both are sitting 553 Messages from the President usually sent to both at once. . . 564 Debate and proceedings in the other House not to be noticed in debate 364 The other House and its Members not to be criticized in de- bate 365 Complaint by one House of conduct of a Member of the other 366 Duty of the Speaker to prevent expressions offensive to the other House 367 Private. Security of, as to searches and seizures 246 As to quartering of soldiers in 244 Immigration. Power of Congress over 146 Immigration and Naturalization, Committee on. History and jurisdiction of 710 [546] INI>EX. Immunities. g^^ti^^ Of citizens not to be abridged 268 Of citizens in States other than their own 210 Impeachment. Civil officers removable by 192 As to who is a civil officer 193 Nature of impeachable offenses 194 Cases of, not to be tried by jury 202 House has sole power of '. 31 Senate alone tries 38 Conviction by two-thirds only 38 Judgment in cases of 41 Presidentnot to pardon in cases of 180 Jurisdiction of Lords and Commons as to 594 Parliamentary law as to accusation in 595 Inception of proceedings in the House of Representatives 596 A proposition to impeach a' question of privilege 597 Investigation of charges 598 Procedure of committee in investigating 599 Common fame as ground for investigation with view to 334 Carried to the Senate .' 600 The writ of summons for appearance of respondent 601 Exhibition and form of articles 602 Parliamentary law as to appearance of respondent 603 Requirements of the Senate as to appearance of respondent 604 Answer of respondent 605 Other pleadings 606 Examination of witnesses 607 Relation of jury trial to 608 Attendance of the Commons 609 Attendance of the House of Representatives 610 Voting on the articles in the trial 611 Judgment in 612 Not interrupted by adjomnments 613 Continued before the Senate from session to session 585 Importation. Of persons, power of Congress over 146 Imports. Limitation of right of States to lay duties on 162 Imposts. Power of Congress to lay and collect 112 To be uniform 112 Limitations on rights of States to lay 162 Net results of, to go to Treasury of United States 162 [547] INDEX. Imprisonment. Section. Of person who assaulted a Member 90 As to termination of an order of 379 Inability. Of President of United States, or Vice-President 174 Inatjgitration. Ceremonies of 176 Of President when March 4 falls on Sunday 166 Incompatible offices. Relation of members to 94-98 As to what are 95 Jurisdiction of matters relating to 672 iNDEFINrTE POSTPONEMENT. Use of the motion for 436 Index. Of the Journal, Clerk to make 634 Indla-N Affairs, Committee on. History and jurisdiction of 686 One Delegate on 727 Indian treaties. Authority of House as to 591 Indian tribes. Power of Congress to regulate commerce with 116 Indians. Excluded from basis of representation where not taxed 270 Jurisdiction of matters relating to 686 Indictment. Of grand jury as related to trial for crime 248 As related to impeachment 41 Industrial Arts and Expositions, Committee on. History and jurisdiction of 721 Informal rising. Of Committee of the Whole to receive a message 323 Information. To be given to Congress by the President 187 Inhabitancy. As qualification of a Member 11 As qualification of a Senator 35 As a qualification of the President of the United States 172 As modifying the vote of presidential electors 262 As a condition of citizenship in the United States and the States . 268 [548] INDEX. Inquiry. Resolutions of. Section. Rule relating to 834 Form and delivery of 835 Privileged status of 836 Discharge of committee from j^. 837 As related to the Executive 838 For an investigation. See Investigations. Procedure when it involves a Member or a Senator 314-316 Parliamentary. No appeal from responses to 621 Insane, Government Hospital for. Jurisdiction of matters relating to 704 Insert, motion to. Matter to be inserted divisible 775 To strike out and insert not divisible 776 Effect of aflBrmative vote on motion to strike out and 466 Putting question to strike out and 463 Repetition of the motion to strike out and 464 Perfecting before voting on 462 Insist, motion to. Insisting and adhering in the practice of the House 515 Parliamentary principles as to disagreeing, insisting, and adher- ing 514 Precedence of 479 Not equivalent of receding or adhering when decided in the neg- ative 481 Inspection laws. Rights of States to levy duties or imposts, to execute _ 162 Instructions. As related to motion to refer 771 In order with motion to commit after previous question is ' moved - 786 Method of dividing a bill by motion to recommit with 469 Duty of a committee when a report is recommitted with 413 Speaker does not usually decide as to whether or not committee have followed 620 To limit freedom of a conference 533 Practice as to in conferences 534, 550 Motions for instructions, offering of 534 Insular Affairs, Committee on. History and jurisdiction of 688 Resident Commissioner of Porto Rico serves on - 728 [549] INDEX. Insult. Section. Member censured for, to the House 63 Bills or petitions excluded for being insulting 827, 831 Insurrection. Suppression of 138 Debflrincurred in suppressing, not to be questioned 274 Debts incurred in aid of, not to be paid 274 Participation in, as a disqualification for office 273 Interest. Disqualifying personal, as to voting 369, 649, 650 International Congress. Jurisdiction as to matters relating to 676, 681, 698 International copyright. Jurisdiction of bills relating to 698 International waters. Jurisdiction over bills relating to 681 Interruptions. Procedure as to, during debate 357 Member having the floor not to be interrupted by motions, etc. . 386 Of Member having the floor in debate 734 Of Member having the floor, by a call to order 386 Of business or debate, by conference report 885 Of a roll call 750 Of roll call by recess not permitted 579 Of the call of committees 867 Interstate and Foreign Commerce, Committee on. History and jurisdiction of 675-677 Interstate commerce. Jurisdiction of bills relating to 677 Intervening questions. Precedence of questions of privilege 451, 653, 656-658 Of order 450 Questions as to reading of papers 451 Privilege of conference reports 885 Certain privileged, to interrupt the order of business 857-859 Private business in the order of business on Fridays 870 Intoxicating liquors. Jurisdiction of bills relating to interstate commerce in 672 Jurisdiction as to sale of, in District of Columbia 704 Introducer. Right of, to speak twice 746 [550] INDEX. Introduction of bills. Section. Rules and practice as to 827, 830, 832 Obsolete requirements as to 391 Invalid Pensions, Committee on. History and jurisdiction of 699 Considers private claims 826A Privileged reports from 722 Invasions. Repelling of 138 States to be protected against 220 _ Suspension of writ of habeas corpus for 148 Inventors. Congress may provide for patents for 126 Investigation. House's power of 289 Common fame as a ground for 334 Earlier and later practice as to, inquiries at the bar of the House . 337 By the House with a view to impeachment 599 Procedure when a Member or Senator is involved 314-316 Power of expenditures committees to make 712 Form of resolution providing for 931 Jurisdiction of resolutions ordering 713 Production of witnesses at 335 Examination of witnesses in House and committee 336 Examination of witnesses in an impeachment 607 Procuring attendance of a witness in custody of the other House. 338 Members as witnesses 339 Method of obtaining testimony of a Member of the other House . 340 Admission of counsel 341 Involuntary servitude. Not to exist except for punishment for crime 266 Irrigation. Jurisdiction of subjects relating to 709 Irrigation of Arid Lands, Committee on. History and jurisdiction of 709 Island possessions. Jurisdiction of matters relating to 688 Jefferson's Manual. As source of general parliamentary law 60 Part of rules of House 913 Text of 277-613 Purposes and methods of preparation of (footnote) 277 [551] INDSX. Jeopardy. Seetlon. Of life and limb, not to occur twice 248 Joint committees. Authorized by concurrent resolutions 389 Expiration of select 412 Conferences held by means of 525 Quorum, chairman, and voting in 318 On Library 717 On Printing 718 On Enrolled Bills , 719 Joint kbsolutions. Nature and use of 390 Form of 925 Used for amendment to the Constitution 223 Used for abrogating treaties 592 Use of, to correct an error in a bill sent to the President 511 Division of, not in order on vote on engrossment or passage 775 Clerk certifies to passage of 636 Signed by Speaker 617 For amendments to Constitution, not approved by President. . . 110 Joint bulbs. Jurisdiction as to 713 Abrogated 61,309 Reference to 913 Journal. The official record. House required to keep and publish 68 Secrecy of portions of 68 The oflBcial record 69',575 Not to go out of Clerk's custody 345 Clerk to print and distribute 634 Entries in. Record of proceedings only 70 Control of House over 71 Relations of, to presence of quorum 55 Of motions 75g Obsolete provisions as to motions 571 Of questions postponed or laid on the table 572 Of amendments 573 Clerk to note questions of order in 620, 634 Of introduction of bills, petitions, resolutions, etc., in 827 [562] INDEX, Journal — Continued. Entries in — Continued. Section. Of reference of public bUlB, memorials, etc 832, 833 Of titles of reported bills 730 Conditions under which reports are printed in 415 Of motions to discharge committees 884A Of conference reports 535 Of report of enrolled bills presented to the President 570 Of President's objection to vetoed bill 101 Of yeas and nays on vetoed bill 101 Of yeas and nays generally 75-80 Of record of votes , 72 Of votes in, in the House of Commons 574 Of messages from President 862 Of certain messages .' . . 910 Of Members noted to make a quorum 755 Of names of Members appearing during call of House 751 Of names of absentees when quorum fails in Committee of the Whole 841 Words of censure 63 Of hour of adjournment 773 Of questions and answers in, at examinations at the bar of the House 336, 337 Reading of. For approval 614 As related to quorum 55 Place in order of business 856 Business not transacted before 614 Motion to adjourn before 614 Member sworn in before 233, 614 Interruption of 614 Reading of, may be interrupted by a question of privilege. . 657 Disorder during <• 614 Reading of, not interrupted by conference report 885 Amendment and approval. Amendment of 74, 614 Correction of, through a committee 576 Approval of, by House 73, 614 Ireliminary approval by Speaker 614 Judge. Each House judge of elections, etc 46 69373°— 12 36 [553] INDEX. Judges. Section. Of Supreme Court, President appoints 183 Of Supreme Court, admitted to the floor 894 Of Supreme Court, gallery for use of 897 Bound by Constitution and laws 226 Tenure and compensation of 196 As to impeachable offenses by. 194 Judgment. In impeachments 41, 612 Judicial expenses. Jurisdiction of appropriations for 671 Judicial opficeks. Bound by oath to support the Constitution 228 Judicial power. Vested in supreme and inferior courts 196 Scope of 198 Jurisdiction of Supreme Court 200 Limitations of, in suits in law and equity 260 Judicial proceedings. States reciprocally to give full faith and credit to 208 Jurisdiction of subjects relating to 672 Judiciary, Committee on the. History and jurisdiction of 672 Jurisdiction. Of committees of the House. Not conferred by erroneous reference of private bill 831 Conferred by uncorrected error in reference of public bill. . 832 Bill not to be divided to conform to 829 House may send a bill to any committee 667 As to right of a committee to originate measures 667 Of House bill returned with Senate amendments on a dif- ferent subject 667 Of the standing committees, severally. Accounts 715 Agriculture 680 Alcoholic Liquor Trafiic 708 Appropriations 671 Banking and Currency 673 Census 720 Claims 701 [554] INDEX, Jurisdiction — Continued. Of the standing committees, severally — Continued. Section. Coinage, Weights, and Measures. - 674 District of Columbia 704 Education 695 Election of President, Vice-President, and Representatives in Congress 707 Elections 668 Enrolled Bills 719 Expenditures in the Several Departments 712 Foreign Affairs 681 Inunigration and Naturalization 710 Indian Affairs 686 Industrial Arts and Expositions 721 Insular Affairs 688 Interstate and Foreign Commerce 675-677 Invalid Pensions 699 Irrigation of Arid Lands - 709 Judiciary 672 Labor 696 Library 717 Merchant Marine and Fisheries 679 Mileage 716 Military Affairs 682 Mines and Mining 692 Naval Affairs 683 Patents 698 Pensions 700 Post-Office and Post-Roads 684 Printing 718 Public Buildings and Grounds. 693 Public Lands 685 Railways and Canals 690 Reform in the Civil Service 706 Revision of the Laws 705 Rivers and Harbors 678 Rules 713,714 Territories 687 War Claims 702 Ways and Means 670 [555] INDEX. Jurisdiction — Continued. Of the United States. Section. As related to citizenship 268 Slavery and involuntary servitude forbidden in places under 266 Of the Supreme Court. Original and appellate, of Supreme Court 200 Jurors. Privilege of Members of Congress as to summons as 284, 285 Privilege of members of Parliament as to summons as ... , 281 All cases of crimes to be tried by, except in impeachments 202 Belation of trial by, to impeachment 608 Right to trial by, in criminal prosecutions 250 Suits at common law tried by 252 Grand, indictment by, as related to trial for crime 248 Justice. An object of the Constitution 1 Extradition of fugitives from 212 Kings. Gifts, titles, etc., from, to be accepted on conditions 159 Labor. Return of fugitives from 214 Labor, Committee on. History and jurisdiction of 696 Land forces. Congress to make rules for 137 Lands. Judicial power extends to cases affecting certain grants 198 Public, jurisdiction of matters relating to 685 Jurisdiction as to occupied or improved grounds 693 Mineral, jurisdiction of matters relating to 692 Irrigation of, jiuisdiction as to 709 Indian, jurisdiction as to 686 Jurisdiction of private claims to 685 Law. As related to legislative functioms. Meeting of Congress by 45 Of State as related to House's power of judging elections. . . 48-50 Of Congress as related to power to judge elections 51 As agency for prescribing qualifications ■. . . 12 [556J INDEX, Law — Continued. > As related to legislative functions — Continued. Section. As related to power of House to elect oiBcers 29, 30 That of 1789 relating to administration of oath at organiza- tion 230 Relation of, to power to determine rules 59, sgi Appropriations to be made by 158 Authority to administer oaths conferred by 59 Bill to be approved before becoming 101 Passed over veto by two-thirds 101 Fixes compensation of Representatives and Senators 85 Revision of, jurisdiction as to 705 Civil and criminal, jurisdiction of subjects relating to 672 Parliamentary. Jefferson's Manual as a statement of the parliamentary 278 Relations of the parliamentary law to the early practice of Congress 279 General parliamentary, before adoption of rules 60 Making and execution of. Power of Congress to makd 144 When made in pursuance of the Constitution the supreme law of the land 226 President to see that laws are faithfully executed 190 Congress to provide for calling forth militia to execute. . . :. . 138 Relations ofjiuiicial power to. Of United States, judicial power extends to cases arising under 198 Judicial power extends to all cases of 198 Jurisdiction of Supreme Court as to 200 Limitation of judicial power in suits of 260 Jury trial for suits at common 252 Rules of, in courts 252 Congress may fix places for trial of certain crimes by 202 Gvmantees of liberty and property. Equal protection of, guaranteed 268 Due process of, no person to be deprived of life, liberty, or property without 248 Due process of, no person to be deprived of life, liberty, or property by a State without 268 No ex post facto, to be passed 150 States not to pass ex post facto 160 Impairing obl^ations of contract, no State to pass 160 [557] INDEX. Law — Oonf inued . In general. Section. Of nations, offenses against 129 Punishment of, additional to impeachment 41 Certain, of States subject to revision and control of Congress. 162 Treaties abrogated by 592 Law Library. Assistant in charge of, admitted to floor of the House 894 Lay on the table, motion to. Conditions, precedence, and effect of. Precedence and general effect and conditions of 765, 768 May intervene before Member in charge begins debate 740 Older and modem use of 438 Effect of, as to main question and secondary questions 768 Not in order in Committee of the Whole 768 Not debatable 765 Conditions of, repetition of 772 Relations to other motions. Not to be applied to other secondary motions 768 Relations of, to the previous question 791 Not in order after previous question is ordered 768 Relations of, to motion to reconsider 800 Application of. ' Applied to bills from the other House 512 Applicable to a vetoed bill 105 Motion to, applicable to preamble of a resolution 407 Not applied to a conference report 543 "Leave to print." In Congressional Record 904 Leaves of absence. Presentation of requests for 649 Revoked, but not granted during call of the House 752 Legal tender. States restricted as to making 160 Legislation. On general appropriation bills prohibited 815, 824 In order on appropriation bill under Holman Rule if it re- trenches expenditures 825, 946 Must be authorized by committee having jurisdiction of subject matter 825, 944 In order if it reduces the amoimt covered by the bill 825, 945 Prohibition of, on general appropriation bills, not applicable to river and harbor bill ^ , 678 [558] INDEX. Legislation — Continued. Section Power of CongresB as to District of Columbia and ceded places. . 142 Power of Congress to legislate to enforce the thirteenth, four- teenth, and fifteenth amendments to the Constitution. . 266, 274, 275 Territorial, revision of, jurisdiction as to 687 Legislative day. Speaker takes chair on each 614 Journal dated as of 69 Legislative expenses. Jurisdiction of appropriations for 671 Legislative powers. Vested in Congress 3 Of Congress 112, 144 Legislatures op States. Function of, in prescribing times, etc. , of elections of Representee tives 42,43 As related to qualifications of Representatives 7 Choose Senators 32 In recess of, governor appoints Senator 34 May apply for protection against domestic violence 220 Power as to joining or dividing of their States 216 Direct maimer of appointment of electors of President 168 Power of Congress over places purchased with consent of 142 Members of, bound by oath to support the Constitution 228 Constitutional convention to be called on application of 222 Ratification of constitutional amendments by 222 Letters op marQue. And reprisal. Congress to grant 131 States not to grant , 160 Liberty. An object of the Constitution 1 No person to be deprived of it without due process of law 248 No State to deprive a person of, without due process of law 268 Librarian. Of Congress, admitted to floor : 894 Assistant in Law Library admitted to floor of House 894 Library. In general. Of Congress, jurisdiction of Committee on Library as to 717 Of Clerk's office, certain books and documents to be retained in 634 Joint Committee on. History, jurisdiction, and duties of 717 [559] INDEX. Lie. Section. Not to be charged against Members in debate 356 LlPE. No person to be deprived of it witkout due process of law 248 No State to deprive a person of, without due process of law 268 Persons not to be put twice in jeopardy of 248 Life-Saving Service. Jurisdiction of subjects relating to 675 Light-houses. Jurisdiction of subjects relating to 675 Limb. Persons not to be put twice in jeopardy of 248 Limit of cost. On public works 819 Limitations. On general appropriation bills 825 Lists. Presidential electors to make certain 262 Lobby. Speaker may order, to be cleared 615 Power of Chairman of Committee of the Whole as to order in 839 Loss. Of slaves not to be compensated...' 2,74 Of a bill 345 Lot. Seats selected by 892 Loyalty. As related to the oath and qualifications 237 Mace. Symbol of Sergeant-at-Arms 642 Magazines. Power of Congress over places purchased for 142 Mail. Postmaster delivers 646 Mail service! Jurisdiction of bills relating to 684 Main question. Member who has spoken to, may speak to amendment a^So 746 Majority. Required in elections. Speaker elected by 27, 305 Of Senators for choice of a Vice-President 263 [560] INDEX. Majoritt — Continued . Required in elections — Continued. Section. President chosen by 263 Necessary for election on ballot vote except for conunittees. . 909 In procedure of the House. Constitutes quorum of House 52, 53 Constitutes quorum of a standing or select committee 402 Representation on Committee on Rules 713 Rules to be a restraint on 277 Decisions of the House reached by 501 Special requirements as to two-thirds votes 502 . Special requirement on certain motions to discharge com- mittees 884A Questions as to priority of business decided by 877 May reconsider a vote ordering yeas and nays 79 Managers op a conference. Functions, members, appointment, and views of 529 Reappoiutment of, at a second or subsequent conference 530 Vacancies in 531 As affected by free or simple conferences 532, 533 Instruction of 534 Parliamentary law as to reports of 535 Forms of reports of 536, 929 Partial reports of 537 Reports of inability to agree 538 Not to change text to which both Houses have agreed 520 Restricted to the disagreements of the two Houses 539 Remedy where they exceed their authority 540 Meeting and action of 541 Custody of papers when a conference is asked before disagree- ment 545 Custody of papers after an effective conference 548 Custody of papers where there is a failure to agree 549 Manner op elections. R^ulationof 42,43 Manual, Jefferson's. Text of -....-- 277-613 Purposes and methods of preparation of (footnote) 277 Part of Rules of House 913 Marine hospitals. Jurisdiction ae to 676 [561] INDEX. Marine, merchant. Section. Jurisdiction of subjects relating to 679 Maritime jurisdiction. Judicial power extends to cases of 198 Marqub, letters op. Congress to grant 131 States not to grant 160 Measures. Congress to fix standard of 120 Jurisdiction of subjects relating to 674 Meeting. Of Congress. • Once every year 45 Power of President to convene 189 Other power to convene 189 Timeof 6 Duties of Clerk at organization of the House 630-632 Administration of the oath at organization 229-236 Rule for drawing of seats at organization of the House 892 Of the House. Speaker takes chair at hour of 614 Standing order as to daily hour of, expires with the session. 379 Jurisdiction of orders as to 713 Of committees, etc. Of committees 400 Of managers of a conference 541 Of presidential electors in the several States 262 Members. Election of. Chosen by the people 5 Power of House to judge as to elections, returns, and quali- fications of 46-51 Regulation of times, places, etc., of elections of . . .• 42, 43 Apportioned among the States according to numbers 270 Old apportionment of 14 First and last apportionments and minimum basis of 15 Apportionment of jurisdiction as to 720 When not qualified, minority candidate not seated 13 Vacancies by death, resignation, etc. Questions as to 23 Functions of state executive in filling 24 [562] INDEX. Me mbbes — Continued . Vacancies by death, resignation, etc. — Continued. Section. Term of, when elected to fill 25 Death of 18 Ceremonies for deceased 935-937 Resignation of 19 Resignations of, forms of letters of 934 Declination of 20 Withdrawal of 21 Removed by action of House 22 In general : . 17_25 Qualifications of. General 9_11 Of loyalty and disabilities 273 Other than those of Constitution 12 Persons holding office under the United States not to be. . - 94-98 Not to be appointed to certain offices 93 Disqualified as electors of President 168 Jurisdiction of, subject of holding incompatible offices 672 Relations of, to oaths. Bound by oath ' 228 Form of oath 229 Administration of oath at organization 230 Challenge of right to take oath 234-236 Sanity and loyalty as related to oath 237 Appointed to committees before taking oath 663 Oath of, as related to quorum 56 Power to administer oaths to witnesses 932 Oldest, administers oath to Speaker 230 May administer oaths to witnesses 336 Compensation, seats, rooms, clerks, etc. Compensation of 85-88 Stationery and clerk hire , 88 Clerk keeps the stationery accounts of 638 Mileage of, determined by a committee 716 Sergeant-at-Arms disburses pay and mileage of 641 Franking privilege 939 Clerk to distribute certain documents to 634 Clerk to furnish to, a list of certain reports 633 Rule for drawing of seats of 892 Admission to floor of House on request of 896 [563] INDEX. Members — Continued. Compensation, seats, rooms, etc. — Continued. Section. Family and card galleries for use of ' .897 Rooms of, in Office Building 940 Privilege of. Questions of privilege affecting, defined by rule 653 Precedence of questions of personal privilege 658 Raising questions of privilege 660 Discussion of privilege of 655 Jefferson's review of privilege of members of Parliament. . . 281 Relations of, to privilege 294 Power of the House to punish for attempts against 287-292 Of Members of Congress under the Constitution 282 Practice as to Members indicted or convicted 299 Privilege of, from arrest 89, 90 Parliamentary law as to arrest of a Member 300 Jefferson's discussion as to going and returning 283 Parliamentary law of privilege as related to treason, felony, etc 298 Not to be questioned in another place for speech or debate. . 91 Parliamentary law as to questioning for speech or debate. . . 295 Attitude of the House as to demands of the courts 285 Jefferson's discussion as to rights of courts to summon as wit- nesses and jurors 284 Relations of the courts to parliamentary privilege 296 Status of Member-elect as to 293 Privilege of, of Parliament 281 Relations of sovereign to members of Parliament 302 Neither House to exercise authority over those of the other. 366 Attendamx of. Required by rule to be present 648 May be compelled to attend 52 liearven of absence 649 Required to leave committee and attend the House on its sitting 317 Secured by call of the House 751-757 Count of, to secure a quorum of record 755 Names of absent, reported when quorum fails in Committee of the Whole .• 841 Decorum of. Rules as to decorum of 346-370 Conduct of Members in the Hall 747 [564] INDEX. Membees — Continued . Decorum o/— Continued. Section. Movements of, during voting 499 Not to wear hats in House 370 Treatment of, for disorder in Committee of the Whole 324 Rules a restraint on the captiousness of 280 Course of, when business concerning is debated 368 Authority of Speaker to name, etc 615 Power of the House to pimish and expel 62-66 Introduction of bills and petitions by. One Member only to introduce bill or resolution 832 Introduction and reference of private bills, petitions , etc . , by 827 Introduction of public bills, memorials, etc., by 832 Duties of, in presenting petitions 828 Excluded bills, petitions, etc., returned to 827, 831 In debate. Recognition of Members by the Speaker for debate 737-741 Procedure of, in seeking recognition 347 Obtaining the floor in debate 734 The hour rule for debate 742 Member to speak but once, except one Member in reply 746 Rights of Member as to opening and clqsing in debate 743 Rights of, in five-minute debate for amendment 848 Decorum, relevancy, and abstention from personalities in debate 734, 736 The call to order in debate - 744 Disorderly words take down 745 Right to call to order in debate 744 Interruption of a Member in debate 734 Not to be interrupted by motions while speaking 386 May be interrupted in debate by conference report 885 The Speaker in debate 735 Advice from, on decision of a question of order during divi- sion 500 Rule as to speaking in standing or select conmiittees 311 Revision of remarks in Congressional Record 903 ' ' Leave to print " 904 Rights of, as to motions. Motions reduced to writing on demand of 758 Right to demand question of consideration 761 Rights of, as to motions to suspend the rules 879, 882 [565] INDEX. Members — Continued . Rights of, as to motions — Continued. Section. Right of, as to motions to discharge committees 884A Conditions of motion to reconsider by 794, 795 In charge of bill, relations of, to previous question 789 Rights to have papers read. Rights of, as to reading of papers 889-891 Right of, to have read once paper on which vote is to be taken ^425 Do not necessarily have a right to have papers read on plea of privilege 426 Do not always have right to read papers in their places 427 General rights as to procedure. Right of, to demand the execution of a subsisting order. . 374, 375 Right of, to inspect the Journal 575 May not enter protests on the Journal 70 Rights of, as to placing adverse reports on the Calendars. . . 730 Rights of , as to placing bills on Unanimous Consent Calendar . 732 Rights of, as to calling up bills taken from committees on motions to discharge 884A May appeal from decisions of Speaker 617, 621 Right of, to cause secret session 888 Impeachment may be instituted on responsibility of 596 As to right to attend a select committee 403 Voting of. . Required to vote 648 Parliamentary law as to duty of, to vote 498 Control of vote by 650 Change of vote by 749 Parliamentary law as to change of vote by 504 Disqualifying personal interest 369, 649, 651 Pairs of; 652 May demand division of the question 774 Right of, to demand a division of House after vote by sound . 494 Duty of, to serve as teller 624 Yeas and nays of, taken on demand of one-fifth 75 Right to demand yeas and nays not to be overruled as dila- tory 77 May demand count of Members to make quoriun on record vote 755 Method of calling on yea-and-nay vote 748 [566] INDEX. Members — Continued. Eehtion of, to investigations. Section. Examination of, at hearing at the bar of the House and before committees 339 When involved in the course of an inquiry 314-316 Procuring attendance of, from the other House for testimony . 340 Membeks-blect. Status of, as to privilege, oath, committee service, etc 293 Oath of, as related to quorum 56 Relations of, to incompatible oflBces 96 Election of, to an incompatible office 98 Expulsion of 64 Admitted to floor of the House. .1 894 Pranking privilege 939 Memorials. Nature of 382 Introduction and reference of, private and public 827, 832 Duties of Speaker and Members in presenting 828 Exclusion of '. 831 Correction of reference of ". 831, 832 Introduction by request 838 Merchant marine. Jurisdiction of, subjects relating to 679 Merchant Marine and Fisheries, Committee on. History and jurisdiction of 679 Messages. Usages as to. Sent only when both Houses are sitting 553 At organization of two Houses 56 Received diuing a roll call 750 Reception during voting, absence of a quorum, etc 555 Received, but not read m absence of quorum 55 Received during debate 554 Informal rising of Committee of the Whole, to receive 323, 556 Salutation of messengers by the Speaker 557 Correction and return of messages 558 Disposal of messages after reception 559 From the Senate, reference of 860, 861 Certain, entered in Journal and Record 910 Questions asked by conference, not by message 562 As to neglected bills 563 [567] INDEX. Messages — Continued . Usages as to — Continued. Section. Information by message as to bills passed 560 Information by message as to rejection of bills 561 Between the Houses as to vetoed bills 106 Confidential, from the President or Senate 888 Of the President. To Congress 187, 564 Notice of approval of bills by President sent by 103 Reception and action on 188 Reading and action on, when bill is vetoed 104 Entered on Journal and Record 862 Rule for reference of 860-862 Reference and distribution of annual 862 Ways and Means considers distribution of President's annual 670 MiGBATION. Of persons, power of Congress as to 1 146 Mileage. Allowance of. Of Representatives 86 Sergeant-at-Arms disburses 641 Committee on. History and duties of 716 Military Academy. Jurisdiction of matters relating to 682 MiLiTAEY Affairs, Committee on. History and jurisdiction of 682 Reports appropriations 682 One Delegate on 727 Military parks. Jurisdiction of subjects relating to 682 Militia. Status of. Right to bear arms 242 President commander in chief of, in certain cases 178 Congress to provide for calling forth 138 Congress to provide for organizing, arming, and disciplining. 140 Trial for crimes in 248 Minerals. Jurisdiction of matters relating to 692 [568] INDEX. Mines and Mining, Committee on. Section History and jurisdiction of 692 One Delegate on 727 Ministers, public. •Duty of President to receive 190 Judicial power extends to cases affecting 198 Jurisdiction of Supreme Court in cases affecting 200 President appoints I83 Gallery for use of foreign 897 Foreign, admitted to the floor of the House 894 Minority. Rules the protection of 277 Of managers of a conference may not submit a report 536 Signing of views of 8O3 Reference of views of, to Calendar 73O Mints. Jurisdiction of subjects relating to 674 Misdemeanors. Impeachable offenses 192 As to what are I94 Mondays. First, in December for meeting of Congress .' 45 First and third, for unanimous consent, motions to discharge committees, and suspension of the rules 732, 879, 884A Second and fourth, for District of Columbia bills 876 Money. Congress to coin and regulate the value of 120 Power of Congress to borrow 114 Account of public, to be published 158 States not to coin or issue 160 Not to be drawn from Treasury except on appropriation 158 No appropriation of, for armies for longer term than two years. . 133 Appropriations of, considered in Committee of the Whole 843-846 Public bills appropriating, placed on Union Calendar 729 Jurisdiction of subjects relating to 670 Proper application of, and enforcement of payment of, jurisdic- tion as to : 712 Monuments. Jurisdiction of bills relating to 717 Mobnino hour. Rule and practice for consideration of bills in 866, 867 For call of committees, place of, in order of business 856 69373°— 12 — 37 [569] INDEX. MoBNiNB Hour — Continued. Section. Unfinished business in .' 865 Interruption of, for consideration of nonprivileged bills in Com- mittee of the Whole : 868, 869 Motions. MahiTig, withdrawal, etc. Parliamentary law as to making and reading 385 Calls for orders of the day, etc., not .' 386 None to be made except by rising and addressing the Chair. . 387 In some cases considered as pending 734 Considered to be pending as to recommendations of Com- mittee of the Whole. ■ 331 Certain, only in order in absence of quorum 55, 752 In order during call of the House 754, 757 Reading or statement of 385, 759 Usually required before debate may proceed 734 Second not required for ordinary 385 Not to interrupt Member having the floor 386 Reduced to writing and entered on the Journal 758 Obsolete parliamentary law as to entry of, in the Journal. . . 571 Repetition of motions 772 Conditions of withdrawal 759 Parliamentary law as to withdrawal of 385, 450 For practice as to, in rejection and second reading of bills. . 477 Coexisting and equivalent. Jefferson's discussion of coexisting 476 Equivalent, in general 478 Where negative of one amounts to affirmative of another. . 478-481 Dilatory. To be ruled out generally 785 Forbidden pending report from Committee on Rules 725 Dilatory motions not admitted pending motion to suspend the rules 783 Certain not used in Committee of the Whole. To adjourn and for the previous question not in order in Committee of the Whole 326, 327 To reconsider, not used in Coromittee of the Whole 409 Those in order in " House as in Committee of the Whole ". . 418^20 Putting the question on. Putting the question on 482 Effect of putting question on, in ending debate 483 Informal putting of the question on 484 [570] INDEX. MoTio Ns — Continued . Secondary — Theory as to privileged. Section. The theory as to privileged motions 431 General principles of priority of motions 442 Jefferson's discussion of certain privileged motions 434 Precedence of privileged 765 One privileged or secondary motion not to be suppressed by another 443 Privileged motions in the Senate and in Parliament 440 Obsolete provisions as to priority of privileged motions 441 Secondary — To adjourn. To adjoiun 766 To fix the day to which the House shall adjourn 767 Precedence of the motion to adjourn 432 Questions of privilege have precedence of all other questions) except motions to adjourn 653 To adjourn, admitted after yeas and nays are ordered 80 Secondary — To lay on the table. Precedence of motion to lay on the table 438, 768 Secondary — The previous question. Rule for the previous question 786-789 To commit after previous question is ordered 790 Relation of previous question to other motions 791 Application of the previous question to debatable secondary and privileged motions 443 Obsolete use of the previous question 435 The previous question of Parliament 454, 456, 457 Manner of putting the previous question 455 Secondary — To postpone. Precedence of motion to postpone 769 The motion to postpone indefinitely 436 Postponement to a day certaiu , 437 Motion to postpone not applicable to other secondary mo- tions 444 Secondary — To refer. Precedence and use of motion to refer 439, 770 Instructions with the motion to refer 771 Secondary — To amend, in general. To amend, form, precedence, and conditions of 804^808 Amendments in the third degree not in order 447 Precedence of motion to amend over motion to agree or dis- agree 521 [571] INDEX. Motions — Continued. Secondary — To amend, in general — Continued. Section. Priority of amendments over motions to strike out or agree. . 449 Amendment of Journal precedes approval 74 Application of motion to amend to other secondary motions. ' 808 Motion to amend not applicable to the previous question. . . 445 Motion to amend applicable to motions to postpone or refer. 446 Filling blanks, amendments to numbers 448 To fill blanks as to time 468 Secondary — To amend by striking out and inserting. To amend by striking out certain words 461 To perfect before striking out or inserting 462 Putting question on striking out 463 Repetition of, to strike out and insert 464, 465 Application of, to strike out 465 Effect of affirmative vote on, to strike out and insert 466 Conditions of striking out an amendment already agreed to. 467 To strike out and insert not divisible 776 Secondary — To strike out enacting words. To strike out enacting words 853, 854 To refer as related to motion to strike out enacting words. . . 853 Secondary — Question of consideration. Use of question of consideration 761-764 Secondary — To reconsider. To reconsider, nature and relations of 794-802 To reconsider, use of, in standing or select committee 409 Vote ordering or refusing yeas and nays may be reconsidered. 79 Delegates to make any, except to reconsider 727 Secondary — To suspend the rules. Use, precedence, etc., of motion to suspend the rules 879-884 To suspend rules, admitted after yeas and nays are de- manded 80 Secondary — Those used in adjusting amendments between the Houses. Use of, in adjusting amendments between the Houses 479-481 Equivalent on amendments between the Houses 479 No equivalent questions on motions to recede, insist, and adhere 481 The motions to agree and disagree as related to motions to amend 480 Conditions of those requesting conferences 528 [572] INDEX, Motions — Continued. Section. Secondary — Those used in adjusting amendments between the Houses-^Continued . Those requesting conferences privileged 528 Those in order during action on a conference report 543 For instruction of managers of conference, offering of 534 Precedence of, in insisting, receding, and concurring in amendments of the other House 518 Secondary — As to reading of papers. Intervening questions relating to reading of papers 452 Secondary — Points of order. Incidental questions, like points of order, which intervene during consideration of the main question. 450 Secondary — Relating to order of business. Privileged motion for consideration of revenue and appro- priation bills 784 To close general debate in Committee of the Whole 849 Obsolete parliamentary law governing orders of the day 433 Secondary — Relating to organization and privilege. To proceed to election of Speaker of higher privilege than to correct the roll 631 Matters of privilege as intervening questions 451 Secondary — To discharge a committee. To discharge a committee not privileged generally 399 Privileged on two Mondays each month 884A General motion to discharge may be laid on table 399 Question of consideration not to be demanded against mo- tion to discharge a committee 399 To discharge Committee of the Whole not privileged 332 To discharge a committee from consideration of a vetoed biU 105 Secondary — Rescind, for a recess, etc. To rescind not privileged under the rules 714 For a recess not privileged 579 For leave for a committee to sit during sessions not privi- leged 317 Motives. Of Members not to be arraigned 356 Mover. Right of, to speak twice 746 [573J INDEX. Name. Section. Members not to be addreased by, in debate _ 354 Naming. Speaker may name Member 615 Parliamentary law as to, in case of disorder 359 National cemeteries. Jurisdiction of bills relating to 682 National parks. Jurisdiction of bills relating to 685 Nations. Law of offenses against 129 Naturalization . Power of Congress to establish rule of 118 Relations to citizenship 268 Jurisdiction as to '. 710 Naval Affairs, Committee on. History and jurisdiction of . . . , 683 Reports, appropriations 683 Naval vessels. Appropriations for, as in continuance of a pubUc work 823 Navigation. Between States not to be hampered by duties, etc 156 Jurisdiction of subjects relating to 676, 679 Navy. President commander-in-chief of 178 Congress to provide and maintain 135 Congress to make rules for 137 States not to maintain 164 Trial for crimes in 248 Jurisdiction of matters relating to 683 Navy-yards. Power of Congress over plates purchased for 142 Negative. Of one question amounting to the affirmative of another 478-481 Neutrality. Jurisdiction of subjects relating to 681 Newspapers. Representatives of, admission to the floor 896, 905 Nobility. Titles of, not to be granted 159 No State to grant title of 160 [574] INDEX, Notes. Section. Jurisdiction of subjects relating to 673 Numbers. Amendment of 448 Oath. Of Senators, Representatives, and officers of House. Senators, Representatives and other officers bound by 228 Officers of House sworn 629 Form of 229 Administration of, at organization of House 230 Functions of Speaker in administering 231 Administration, as related to quorum 53, 56, 232 Privilege of administration of 233 Challenge of the right to take • 234 Consideration of objections to taking of 235 Relation of credentials to right to take 236 Sanity and loyalty as related to 237 Member-elect named of committee, expelled or permitted to resign before taking 64, 293, 663 Disabilities arising from violation of 273 As related to qualifications 9 Administered to Member before reading of Journal 614 Names of Members not entered on roll for yeas and nays until sworn 293 Of Senators, for trial of impeachment 38, 40 Of Chief Justice in impeachments 39 In general. Of President of the United States 176 Right to administer, given by law rather than by rule .... 59, 932 Speaker, Members, and chairmen may administer to wit- nesses 336, 339 In support of certain warrants 246 Objectigns. Of President to a bill 101 To administration of oath to Members by the Speaker 231 Challenge of right of a Member to take the oath 234, 235 To consideration by unanimous consent, effect of 732 Delegate hot to make •• ^27 Obligation. Of contracts. State not to pass bills impairing 160 [575] INDEX, Obscenity. Section. Bills or petitions rejected for 827, 831 Occasions, bxtraohdinaby. Power of President to convene Congress on w 189 Other power of convening 189 Offenses. Power of President to grant pardons for 180 Against law of nations ; 129 Office. In general. As to meaning of word 94 Term of President's 166 No religious test for, required under United States. 228 Of judges held during good behavior 196 Civil officers may be removed from, by impeachment 192 Resignation of, not a bar to impeachment 193 Removal from, as judgment in impeachment 41 No person holding office of trust or profit under United States to be an elector 168 Conditions of acceptance of gifts by holders of 159 Conditions of acceptance of, from certain sources 159 Jurisdiction as to abolition, etc 712 Incompatible. Holding of, under the United States disqualifies Member . . 94-98 Members not to be appointed to certain 93 As to what are incompatible 95 Appointment of Members-elect to 96 Relations of contestants to 97 Procedure in case of acceptance of, by Member 98 Jurisdiction of ma.tters relating to 672 Office building. Assignment of rooms in 940 Officers. Of the United States. President appoints 183 President to commission 190 Congress may determine agency for appointing of inferior. . 183 Civil, may be removed by impeachment 193 Senators not civil officers who may be impeached 193 Bound by oath to support the Constitution 228 Of departments, President may require opinions from 179 [576] INDEX. Officers — Continued. Of the United States — Continued. Section. Of United States, as related to legislative power 144 Of the militia 140 Of the United States, and the States, qualifications of, as to loyalty 273 Accountability of, jurisdiction as to 712 Of the House of Representatives. Election of, and terms 26-30 Election of, except Speaker 628 Continue in office until successors are chosen 628 Removal of 308 Oath administered to, by Speaker 230 Relations to claims 9X2 Clerk disburses pay of v '. 639 Neither House to exercise authority over those of the other. 366 Of the Senate. The Vice-President and his vote 36 Choice of President pro tempore and other ofScers 37 Official ebcoed. The Journal as 575 Official eepobters. Of debates, appointment and removal of 898 Olbomakgarine . Jurisdiction of subject of 670, 680 One-fifth. Order yeas and nays 75, 78 Opening. Of debate, rights of Member as related to closing 743 Opinions. President may require from heads of departments 179 Not entered on Journal 70 Opposition. Preference in recognition given to, for mdtion to recommit after previous question is ordered 765 Order. Of the House and preservation of. Speaker calls House to 614 Speaker preserves, on floor, in lobby, and galleries 615 Sergeant-at-Arms maintains, under direction of the Speaker. 640 Sergeant-at-Arms bears mace while enforcing 642 [577] INDEX, Ordeb — Continued. 0/ the House and preservation of — Continued. Section. Proceedings in case of disorder on the floor. 360 Necessity of rules for preservation of ., 280 Clerk to preserve, at organization of the House 630, 631 Speaker may restore, in Committee of the Whole 324, 325, 615 Power of Chairman of Committee of the Whole to preserve, in galleries and lobby 839, 840 Breach of, for Speaker to refuse to put a question in order. . 297 Call to, for disorder in debate 744, 745 Call to, may interrupt Member 386 Parliamentary law as to taking down disorderly words. . . 361, 362 Questions of. Intervening questions of 450 • Decided by Speaker 617,620 Practice governing Speaker in deciding 620 Clerk to decide at organization of the House 630, 632 House controls decisions of, by appeal 372 Decision of, during a division 500 As to delay in decision of questions of 371 Speaker to be heard first in matters of 351 Decisions of questions of, by Chairman of Committee of the Whole 840 Reserving, as to general appropriation bills 816 Raising of, on appropriation bills in Committee of the Whole . 816 Time of raising, as to consideration of bills in Committee of the Whole 843 Relation of question of consideration to 764 As to error in reference of a private bill 667 Clerk to note in Journal 634 Oedek of business. Page 1. Rule and conditions of. The rule prescribing 856 Advantage of an order of 342 Recognition by the Speaker in accordance with require- ments of 737,738 Early discretion of Speaker as to , 342 Conditions of the old and modem orders of business 348 Right of a Member to demand the execution of a subsisting order 374, 375 [578] INDEX. Order of business— Continued. Rule and conditions o/— Continued. Section. The calendars on which reports of committees await action of the House 729-732 Jurisdiction as to 713 Interruptions of. Privileged interruptions of 857 Privileged interruptions specified 858 Precedence of questions of privilege - 653, 656-658 Intervening questions as to privilege on reading of papers. 451, 452 Intervening questions of order 450 Interruption by request for unanimous consent 859 Consideration of a motion to reconsider 796 Privilege of conference reports 885 Privileged reports from certain committees 722-725 Effect of privileged reports on 723 Right to report at any time gives right to immediate con- sideration 723 High privilege of revenue and general appropriation bills. . . 784 Motion for leave for a committee to sit during sessions not privileged 317 Making and use of special orders 714 Effect of special orders on Friday business 870 Suspension of rules and consideration by unanimous consent on first and third Mondays 732 Business of District of Columbia on second and foiurth Mondays 876 Call of committees on Calendar Wednesday 874 Call of committees on Calendar Wednesday protected by two-thirds vote 725 Intervention of private business on Friday 870 Interruption of, on Fridays for consideration of the Private Calendar 870 As to claims and war claims on Fridays 870 As to pension bills on Fridays. 870 Speaker's table. Disposal of business on the Speaker's table 860 Matters on Speaker's table for action by the House or by Speaker alone - 861 Reference of President's messages from Speaker's table 862 Consideration of messages of the President 188 Parliamentary law as to disposal of messages 559 [579] INDEX. Okder op business — Continued. Unfinished business. Section. Rule for unfinished buBiness 863 Construction of rule as to unfinished business 864 Business unfinished in periods set apart for classes of business 865 Consideration of unfinished business 863-865 Priority of unfinished business in Committee of the Whole.. 847 Precedence of a question on which previous question is ordered 864 Call of committees — The morning hour. Rules and practice for call of committees 866, 867 The morning hour for the call of committees 866 Procedure in the morning hour 867 Call of committees — Interruption to go into Committee of the Whole. Rule for consideration of bills in Committee of the Whole after call of committees 868, 869 Interruption of the call of committees by motion to go into Committee of the Whole House on the state of the Union. 868 Conditions of the motion to go into Committee of the Whole at the end of onehoiir 869 Orders of the day. Orders of the day now obsolete 377 Parliamentary law as to proceeding with orders of the day. 376 In Committee of the Whole. On calendars of Committee of the Whole 847 Orders. Form of 922 Nature and use of, as compared with resolutions 388 As to presentation of, to President for approval 110 Standing, reference to 913 Orders op the day. Parliamentary law as to proceeding with 376 Now obsolete 377 Execution of a subsisting order not to be demanded while a Member has the floor in debate 386 Right of a Member to demand the execution of a subsisting order 374, 375 As to termination of, with reference to the end of the session . . . 379 Obsolete reference to, in order of business 856 [580] INDEX. Obdbbs, special. Section. Use and method of making 714 Forms of 933 Privilege of reports of 724, 725 As to application of motion to postpone to 714, 769 Effect of, on Friday business 870 Organization. Of the two Houses of Congress. Power of President to convene Congress 189 Other power to convene 189 Right of the House to determine its order of proceeding in effecting 381 Clerk makes up the roll of Members-elect for 631 Duties of Clerk at 630 Election of Speaker and other officers 26-30 House has adjourned for more than one day before election of Speaker 83 Election of Speaker and Clerk as related to adoption of rules . 59 Procedure before adoption of rules 60 Quorum in two Houses as related to 56 Taking oath as related to presence of quorum 56, 231 Administration of the oath at 230 Speaker's function in administering oath at 231 Challenge of the right to take the oath 234, 235 Relation of credentials to the right to take oath 236 Sanity and loyalty as related to the oath 236 Messages received before 555 Yeas and nays may be ordered before 76 Rule for drawing of seats 892 Vice-President votes in case of tie as to 36 Of the militia. Of the militia 140 Paoes. Duty as to drawing of seats 892 Pairs. Forms and announcement of 652 Not to be announced out of order 748 Panama Canal. Jurisdiction of subjects relating to 679 [581] INDEX. Papers. Seewrity of private. Section. Security of, as to searches and seizures 246 In possession of the House. Withdrawal of , from files 908 Of conmiittees, custody of 907 Certain, not to go out of Clerk's custody 345 Not to be taken from the Clerk's table during debate 357 Attitude of one House as to the demands of the other for. . . 286 President allowed to withdraw certain, accompanying a message 564 Relations of, to conference. Bequest for a conference always by House possessed of 523 House must possess, before acting on a conference report. . . 542 Custody of, when a conference is asked before disagreement. 545 Custody of, after an effective conference 548 Custody of, when managers fail to agree 549 Reading of. Intervening questions as to 452 Parliamentary law as to 425 Papers not necessarily to be read on plea of privilege 426 Member not always privileged to read a paper in his place. 427 Reports of committees not read except on order or in debate. 428 On reference 429 Objections to reading of papers 889 Papers read on demand of a Member 890 Papers read by consent of the House 891 Such as criticise the Senate or Senators not to be read 365 Reading of President's messages, etc 188 Paragraphs. Reading of bills by 850 Amendment of bills by 406 Transposition of, in a bill by motion to amend 470 House does not agree to severally in perfecting a bill 449 Amendments should be germane to 777 Pardons. Power of President to grant 180' Parks, military. Jurisdiction of bills relating to 682 Parks, national. Jurisdiction of bills relating to 685 [582] INDEX. Parliamentary inquiries. Section. No appeal from responses to 621 Parliamentary law. As used before adoption, of rules 60 Jefferson's Manual as a statement of 278 Relations of, to the early practice of Congress 279 Passage op bills. Stages of 938 Both Houses pass identical 814 Putting the question on reading, engrossment, and 492, 811, 814 Clerk certifies to 636 Obsolete requirements as to 485 Bills not altered after 493 Passages. Speaker's control of, in House wing 616 Patents. Power of Congress to provide for 126 Patents, Committee on. ^ History and jurisdiction of 698 Pay. Of Representatives and Senators 85-88 Of Speaker 86 Of President of the United States 175 Of judges 196 Seigeant-at-Arms disburses that of Members 641 Clerk certifies to that of Members during recess 639 Clerk disburses, to oflacers and employees 639 Of clerks of committees 666 Of witnesses 906 Of department officers, jurisdiction as to 712 Peace. States not to keep troops or warships in time of 164 Relation of privilege to cases of breach of 298, 299 Penalties. For absent Members 52 Penitentiaries. Jurisdiction of subjects relating to 672 Pensions. In general. Debt incurred for certain, not to be questioned. 274 Jurisdiction of appropriations for 671 [583] INDEX. Pensions — Continued. In general — Continued. Section. Of the Civil War, jurisdiction of bills for 699 Of other wars, jurisdiction of bills for 700 Consideration of , on Fridays 870 Committee on. History and jurisdiction of - 700 Considers private claims 682 People. Establish the Constitution " 1 Representatives chosen by 5 Their right of assembly and petition 240 Rights reserved to 256 Powers reserved to, by the Constitution 258 Security of, as to searches and seizures 246 Security of, as to accusations, trials, and property 248 Right of, to keep and bear arms 242 Quartering soldiers among 244 Person. Security of, as to searches and seizures 246 Personal explanations. Made by unanimous consent 734 Personal interest. Disqualifying as to voting 369,649,650 Personal privilegb. Precedence of questions of 658 Procedure of Member in presenting question of 734 Method of presentation of questions of personal, as distinguished from general 660 Personalities. Not permitted in debate ; 354 Member must refrain from, in debate 734 Arraignment of motives of Members not in order 356 Members censured for 63 Persons. No State to deprive, of life, liberty, or property unlawfully, or deny equal protection of the laws to 268 Petition. Right of petition guaranteed 240 Forms of 921 Nature of 382 [584] INDEX. Petition — Continued. Section. Signing and presentation of 383 Parliamentary law as to the reception of , 334 Introduction and reference of , 827 Duties of Speaker and Members in presenting 828 Exclusion of 831 Correction of reference of 831 As to division of, for reference 414 Received by committees only through the House 313 Philippines. Jurisdiction of subjects relating to 688 Pictures. Jurisdiction as to 717 Piracies. Congress to punish 129 Place. Neither House to adjourn to another, without consent of other House 82 Power of President to convene Congress away from seat of gov- ernment 189 Places of elections. Regulation of 42, 43 Pleadings. In an impeachment 605, 606 Points op order. Practice governing Speaker in deciding 620 House by appeal controls decisions on 372 Power of Speaker to delay decisions 371 Clerk to decide, at organization of the House 630, 632 Chairman of Committee of the Whole decides 840 Making or reserving, on conference reports 540 Time of raising, as to consideration of bills in Committee of the Whole 843 Reserving, as to general appropriation bills 816 Raising of, on appropriation bills in Committee of the Whole . . . 816 Relation of question of consideration to 764 As to error in reference of a private bill 667 Clerk to note certain, in Journal 634 Police, Capitol. Duty of Sergeant-at-Arms as to 641 en373°— 12-^38 [585] INDEX. Political disabilities. Section. Arising from disloyalty .; 273 Consideration of bills removing. . .' 870 Jurisdiction of bills relating to '. . . . 672 Population. The basis of representation 270 Pohto Rico. Resident Commissioner from, powers and privileges of 728 Resident Commissioner admitted to the floor 894 Jurisdiction of subjects relating to 688 Ports. Of one State not to be favored 156 Possession. Of a bill by the House 430 Post-Officb. Houses in charge of postmaster ; 646 Post-Office and Post-Roads, Committee on. ' ' • History and jurisdiction of 684 Reports appropriations 684 One Delegate on 727 Post-offices. Congress may establish 124 Jurisdiction of subjects relating to 684 Jurisdiction as to buildings for 693 Post-roads. Congress may establish i 124 Jurisdiction of subjects relating to ; 684 Postal savings banks. Jurisdiction of bills relating to 684 Postal telegraph. Jurisdiction of bills relating to 684 Postmaster. Election and oath of 628 Superintends the House post-office 646 Postpone, motion to. Precedence and general conditions of 765, 769 Not to be applied to other secondary motions 444 Not to be suppressed by another privileged motion 443 As to application to a special order 714 Repetition of , , 765 Debate on 765 [586] INDEX. Postpone, motion to — Continued. • Section. Nature of the motion to postpone to a day certain 437 Use of, to put off indefinitely 436 May be amended 446 Relation of, to motion to amend 442 Relations of, to the previous question 791 Not to be entertained after previous question is ordered 769 Application of previous question to 443 Discussion of relations of, to early use of the previous ques- tion 441,442 Powers. 0/ Congress — General legislative. General legislative, vested in Congress 3 To make law to carry into effect its powers 144 Congress to legislate as to powers of Constitution 144 To legislate to enforce the thirteenth, fourteenth, and fif- teenth amendments to the Constitution 266, 274, 275 Of Congress — As to elections and political disabilities. To make or alter regulations as to elections of Representa- tives 42 As to apportionment and establishment of districts 270, 271 To determine time of choosing electors of President 170 To provide for succession to Presidency or new election 174 To remove political disabilities 273 Of Congress — Over revenue and expenditures. To lay and collect taxes 112 To borrow money 114 Money to be drawn from Treasury only on appropriations. . 158 Limitation on capitation or other direct tax 152 No export duties to be laid ". 154 Of Congress — As to commerce, currewny, mails, patents, etc. To regulate commerce 116 To regulate bankruptcy 118 To regulate coinage, weights, and measures 120 To provide punishment for counterfeiting 122 To establish post-offices and post-roads 124 To establish patents and copyrights 126 No preferences to be given as to commerce by water 156 Of Congress — As to courts, crimes, etc. To regulate jurisdiction of Supreme Court 200 To establish inferior courts 128, 196 [587] INDEX. Powers — Continued. Of Congress — As to courts, crimes, etc. — Continued. Section. To regulate the proving of acts, records, and judicial pro- ceedings of the States 208 To fix places for trial of certain crimes 202 To provide punishment for piracies, etc 129 To declare punishment of treason 206 As related to writ of habeas corpus 148 No bill of attainder or ex post facto law to be passed 150 Of Congress— As to war. To declare war, grant letters of marque, etc 131 To support armies 133 To provide a navy 135 To make rules of government for land and naval forces 137 To provide for calling out the militia 138 To provide for organization, etc., of militia 140 Of Congress — Jurisdiction over territory and property. To exercise jurisdiction over seat of government and ceded places 142 Over the territory and other property of the United States. . 218 Of Congress — As to immigration and naturalization. As to migration or importation of persons 146 To regulate na/turalization 118 Of Congress — As related to States and people. To revise and control certain State laws 162 A.S to admission, consolidation, or division of States 216 Not to interfere with religion, free speech, the press, or right of assembly and petition 240 No titles of nobility to be granted 159 Those delegated and those reserved to States and people. . - 258 Of the House of Representatives. To elect its Speaker and other officers 26 To judge elections of its Members 46-51 To punish and expel its Members 62-66 To make rules 58-60 To punish for contempt 287-292 As to treaties 587, 592 Of impeachment 31 Senate tries impeachments 38 Of President, courts, and States. Executive, vested in President of the United States 166 Judicial, vested in the courts 196-200 [588] INDEX. Powers — Continued. Of Presidents, courts, and States — Continued. Section. Judicial, limitation on, in suits in law or equity 260 Of the States, limitations on, as to certain subjects 160-164 Reserved to States and people 258 Pkactice. Provisions of former joint rules atill followed in* 61 Prayer. Offered by Chaplain 614 Chaplain opens each day's sitting with 647 By the Chaplain, place of, in order of business 856 Preamble. Amended after the body of the bill has been considered, and after engrossment 40T As to separate vote on 407 Of a resolution may be laid on table 407 As to application of previous question to 788 Precedence. Of intervening business. Questions as to, decided by a majority without debate 877 Of a proposition to administer the oath to Members 233 Of questions of privilege 451, 653, 656-658 Of questions of privilege as related to pending business . . 657, 658 Intervening questions of order 450 Intervening questions as to reading papers 451 Certain privileged questions which interrupt the order of business 857, 858 Right to report at any time gives right to immediate con- sideration 723 Of revenue and appropriation bills in Committee of the Whole 847 Of a question on which the previous question is ordered 864 Of conference reports 885 Of conference report over report from .Committee on Rules. 725 Ofmoticms. Of the secondary or privileged motions 765-771 General provisions of the priority of 442 Obsolete provisions as to priority of privileged 441 Of motion to amend 807 Amendment of Joiu-nal precedes approval 74 Of amendments over motions to strike out or agree 449 [589] INDEX. Precedence — Continued. Of motions — Continued. Section. Of motions for disposition of amendments between the Houses......;.... : 479 Of motion to amend over motion to agree or disagree 521 After disagreement motion to recede and concur has prei- ' cedence of motion to recede and concur with amendment ■ or insist .' 518 After motion to reced&iind concur is divided and the House has receded, motion to amend has precedence of motion to agree : 518 Of motion to strike out enacting words of a bill 853, 8S4 Of motion to go into Committee of the Whole to consider revenue and appropriation bills ...'...... 784 Of motion to reconsider. J 796 To suspend the rules • . . 881 To discharge committees. .' : j : . ; . . 884A Precedents. Place of, in the law of the House 344 Delay in decision of a question of order in order to examine 371 Preferences. Not to be given to ports of one State over another. 156 Prerogatives. Questions related to, treated as of privilege 654 Of House as to revenue legislation. 99 Questions of, committed to conference ... '. 524 Presentment. Of grand jury as related to trial for crime 248 Presents. Conditions as to acceptance of , by oiHcers 159 President of the Senate. The Vice-President 36 President pro tempore 37 Electoral votes transmitted to. . . . : 170, 262 President of the United States. Relations of, to Congress — In general. May convene or adjovun Congress under certain conditions. . 189 President pro tempore chosen when Vice-President becomes. 37 References to, in debate 363 Admitted to the floor of the House j 894 Gallery for use of : 897 [590] INDEX. President of the United States — Continued. Relations of, to Congress — In general — Continued. Section. Houses may request him to transmit constitutional amend- ments to the States 223 ' May notify Congress of ratification of a constitutional amendment 223 Relations of, to Congress — Messages and information from. Gives Congress information and makes recommendations. . 187 Reception of messages from 188 Confidential messages from 888 Rule for reference of messages from 860, 862 Messages from, usually sent to both Houses at once 564 Ways and Means considers distribution of annual message. . 670 Resolutions of inquiry as related to 835, 838 Addresses by and to 309 Relations of, to Congress — Approval of bills by. Approval or disapproval of bills by 101 Act of approval as to time and manner 102, 107 Notice of approval sent by message 103 Action on a disapproved bill 104^106 Two-thirds of Members present and voting and not two- thirds of entire membership sufficient to pass bill over veto 106 Errors in bUls sent to 107 Bills that become laws without approval 108 As to presentation of orders, resolutions, and votes for ap- proval 110 As to approval of concurrent resolutions by . . . : 389 Approval of joint resolutions by 390 Does not sign joint resolutions submitting constitutional amendments 223 Effect of recess of Congress on 878 Parliamentary law as to presenting a bill for the King's assent 565 Parliamentary law as to enrollment of biUs 566 Practice of the two Houses of Congress as to enrollment of bills 567 Signing of emoUed bills for presentation to the President. . . 5^8 Authority of pro tempore presiding officers to sign enrolled bills 569 Presentation of enrolled bills to 570 [591] INDEX. President op the United States — Continued. Office and general powers and duties. Section. Executive power vested in 166 Holds office four years 166 Jurisdiction of bills relating to office of 672 Receives ambassadors, etc 190 Executes the laws 190 Cominissions officers 190 Commander of Army and Navy 178 Opinions of his advisers 179 Grants reprieves and pardons 180 Makes treaties '. 182 Appoints public officers ^ ISS- Fills vacancies in offices during recesses of Senate 185 Ekction, oath, impeadanent, and coTnpensation of. Qualification of 172 Electors for choice of 168 Qualifications of electors of, as to loyalty 273 Time of choosing electors and action of 170 Meeting of electors of, and transmission and count of votes for 262 Limitation on right of electors to vote for 262 Election of, by the House in certain cases 263, 264 Removal, death, resignation, or disablity of 174 May be impeached 192 Chief Justice presides when tried on impeachment 38 Compensation of 175 Oath of 176 President pro tempore. Chosen by Senate in certain cases 37 Election and tenvure of 306 Presides in certain impeachments 39 Press. Freedom of, guaranteed 240 Members of, admission to the floor 896, 906 Admission to press gallery , 906 Previous question, motion fob. Uses of. The rule of the 786 History, uses, etc., of the parliamentary 456 Discussion as to certain obsolete features bf ■. 457 Obsolete use of 435 Not in order in Committee of the Whole 326,327 Use of, in House as in Committee of the Whole 420 [592] INDEX, Previous question, motion foe — Continued. Precedence of. Section. Among other secondary motions 765 Of Parliament 454 Question on which it is ordered, as unfinished business 864 Questions of order pending the motion for 793 Relations of, to failure of a quorum 792 Application of. General application of 786, 788 To debatable secondary and privileged motions 443 Moving and putting of. Right to move it 789 Manner of putting 455 Relations of, to debate. Not debatable 765 Effect of, on debate. . . ^ 787 Forty minutes of debate on certain motions of 884 Forty minutes debate not allowed when ordered on motion not debatable 849, 884 Right to close debate not to be exercised after ordering of. . 746 Effect of, on amendment. Effect of, on amendments in general 786 Prevents amendment when ordered on motion to approve Journal 74 Order of, on motion to agree to Senate amendments prevents motion to amend but not to refer 479 Relations of, to other motions. General relation of, to other motions 790 Motion to amend not applicable to the 445 May not be postponed 444 Motion to commit after it is ordered 790 Motion to recommit in connection with and rights of oppo- sition as to 765 Motion to commit pending, not applied to reports of Com- mittee on Rules pending previous question 725 Motion to recommit after ordering of, limitation on Com- mittee on Rules 725 Motion to lay on table not in order after ordering of 768 Relation of motion to reconsider to 796, 797 Having been moved on a motion to insist, a motion to recede and concur admittted 518 Having been moved on a motion to adhere, the motion to recede not admitted 518 [593] INDEX. Prima facie title. Section. Credentials as related to a Member's right to take the oath 236 Effect of credentials as related to vacancy 23 Peinces. Titles, gifts, etc., from, to be accepted on conditions only 159 Peinting. General provisions as to. Rule and statutes as to printing bills, reports, documents, etc. 914 Reports of committees to be printed 803 Of reports when referred to calendars 730 Of conference reports in Congressional Record 887 "Leave to print " in Congressional Record 904 Discretion of Clerk as to 639 Joint Committee on. History, jurisdiction, and duties of 718 Duties as to printing additional copies of bills, etc 914 Privileged reports from 722, 724 Priority. See Precedence. j Private bills. Introduction and reference of 827 Errors in the reference of \ 667 Correction of error in reference ^ ^ ,. ^ 831 Placed on Private Calendar when reported 729 Interruption of regular order on Fridays for consideration of the Private Calendar 870 Friday set apart for private business 873 Precedence of claim and war claim bills on Friday 870 Precedence of private pension bills on the second and fourth Fridays 870 As unfinished business 865 Private claims. Reference of bills for, restricted to certain committees 826A Private pension bills. Consideration of, on Fridays 870 Private property. Not to be taken without compensation 248 Privilege op floor. Rules as to 894-896 [594] INDEX. Privilege, qttestions of. Definition and precedence of. Section. Distinction between questions of privilege and privileged questions 656 Constitutional privilege 656 Definition and precedence of questions of 653 Intervention of questions of 451 Relation of, to the order of business 858 Questions of, lose precedence by association with matters not of 659 General principles as to precedence of 656 Precedence of, as related to pendii^ business 657 Precedence of questions of personal 658 Raising of. , Raising questions of 660 Procedure of Member in presenting question of 734 Method of presentation of questions of general and personal. 660 Preliminary decision of Speaker as to questions of 620 Members not necessarily entitled to have papers read on plea of 426 Questions of, in Committee of the Whole 659 Breach of, reported from Committee of the Whole 328 Questions of, in the absence of a quorum 659 Question of, taken from the table 768 Affecting the House — In general. Of the House generally 654 A breach of, for one House to encroach or interfere as to the other 301 Attitude of one House as to demands of the other for attend- ance or papers 286 A proposition to impeach a high question of 597 Relations of the Sovereign to the Parliament and its members 302 Jefferson's discussion of privilege as related to rights of courts to summon "witnesses and jurors 284 Attitude of the House as to demands of the courts 285 Relations of the courts to parliamentary privilege 296 Resolution for removal of an officer of the House a ques- tion of 308 Assault on clerk of a committee a question of 666 As to abuse of privilege of the floor 895 Of administration of oath to Members ^ 233 [595] INDEX. Privilege, questions of — Continued. Affecting the House — RelMing to procedure. Section. Of resolutions providing for adjournment for more than three days 84 Propositions to censure or expel as questions of 67 Censure for personalities in debate a question of 356 Breach of privilege for the Speaker to decline to put a ques- tion which is in order 297 Proposal to enter protest on the Journal not a matter of 70 Correction of Congressional Record a question of 898, 902 Question of, raised by fraudulent introduction of a bill 830 Correction of an error in a message a question of 558 Reception of President's message while question of, is pend- ing 188 Messages received, while questioii of, is before 'House 555 Error in reference of a bill to a calendar a question of 729 As to raising a question of, over delay of an enrolled bill in ' reaching the President 565 Previous question applies to questions of 788 Hour rule of debate applies to 742 Discharge of committees from questions of 399 Affecting the House — Contempts. Jefferson's discussion of power of the House to punish for contempts 287 Decision of the court in Anderson's case and attitude of the House as to assaults 288 Kilboum's case and views of the court as to inherent power to punish 289 Jefferson's views as to inherent power to punish 290 Jefferson's statement of arguments against the inherent power to punish 291 Jefferson's suggestions as to a law to define procedure in cases of contempt 292 Affecting the Member. Of the Member 655 Jefferson's discussion of that of Members of Congress 282 Jefierson's review of that of members of Parliament 281 Status of the Member-elect as to privilege 293 Relations of Members and others to privilege and the waiv- ing thereof , 294 Of Senators and Representatives from arrest 89, 90 [596] INDEX. Privilege, questions of — Continued. Affecting the J!/cm.6er-^Continued. Section. Parliamentary law as to the arrest of a Member 299 Jefferson's discussion as to privilege of going and returning. 283 Assault on Member returning to House a breach of 90 Parliamentary law of privilege as related to treason, felony, etc 298 Practice of the House as to Members indicted or convicted. 299 Members not to be questioned in another place for speech or debate 91 Parliamentary law as to questioning for speech 295 Ofdt'inens. Not to be abridged by the States 268 In States other than their own ; 210 Privilbged questions. Theory and examples of. The theory as to Matters privileged to interrupt the daily order of business. 857, 858 Distinction between questions of privilege and privileged questions 656 Matters of privilege as intervening questions 451 Presence of nonprivileged matter destroys privilege 723 Incidental questions, like points of order, which intervene during consideration of the main question 450 Intervening questions relating to reading of papers 452 May not interrupt a call of committees 723 Not to be called up on Calendar Wednesday 874, 875 Resolutions of inquiry 836, 837 Obsolete parliamentary law governing orders of the day 433 Reports as. Of certain committees 722-725 Method of submitting to the House 411, 723 Reference of, to calendars 729 Nonprivileged, reference of, to calendars 730 Right to report at any time gives right to consider at any time 723 Conference reports 885 Precedence of conference report over report from Committee on Rules ., 725 Motions as — General principles. Precedence and conditions of 765-771 General principles of priority of motions 442 [597] INDEX. Privileged questions — Continued. Motions as-^-General Principles — Continued. Section. Obsolete provisions as to priority of privileged motions 441 Jefferson's discussion of certain privileged motions 434 Privileged motions in the Senate and in Parliament 440 In general, one privileged motion not to be suppressed by another 443 Motions as — Adjourn, lay on table, previous question. Precedence of the motion to adjoium 432 To lay on the table 438 Application of the previous question to debatable secondary and privileged motions 443 Manner of putting the previous question 455 The previous question of Parliament 454, 456, 457 Obsolete use of the previous question 435 Motions as — To postpone and refer. Motion to postpone not applicable to other secondary mo- tions 444 The motion to postpone indefinitely 436 Postponement to a day certain 437 The motion to refer 439 Motions as — To amend. Application of motion to amend to others 808 Motion to amend not applicable to the previous question. . . 445 Motion to amend applicable to motions to postpone or refer. 446 Amendments in the third degree not in order 447 Filling blanks, amendments to numbers 448 Priority of amendments over motions to strike out or agree. . 449 Motions as — Various. Relation of motion to reconsider to other motions 794, 796 To suspend the rules 879-S84 To discharge a committee from consideration of vetoed bill 105 To strike out the enacting words of a bill 853, 854 To go into Committee of the Whole to consider revenue and general appropriation bills 784 Motion to consider revenue ^nd general appropriation bills in order Fridays. 870 To close general debate in Committee of the Whole 849 Motions requesting conferences 528 Motion to proceed to election of Speaker of higher privilege than motion to correct the roll 631 [598] INDEX. Privileged questions — Continued. Motions as — Certain not. Section. Motion to rescind not a 714 Motion for a recess not privileged 579 Motion for leave for a committee to sit during sessions of the House not among 317 Peocebdings. Bach House determines rules of 58 House required to publish a journal of 68 Journal a record of, only 70 States reciprocally to give full faith and credit to judicial 208 House decides what are for entry on Jownal 71 Certain of the House not to be criticised in debate 353 Process. Of law required to deprive a person of life, liberty, or property. 268 Writ of summons for appearance of respondent in an impeach- ment 601, 604 For obtaining witnesses 250 Profit. No one holding office of, to accept certain gifts, titles, etc 159 Pro forma amendment. In Committee of the Whole 851 Proof, burden of. On those proposing items on general appropriation bills 819 Property. / Power of Congress to make rules and regulations as to public . . . 218 No person to be deprived of, without due process of law 248 Private, not to be taken without compensation 248 No State to deprive a person of, without due process of law 268 Doorkeeper to take inventory of certain 644 Appropriations of, considered in Committee of the Whole. . . . 843-846 Public bills appropriating, placed on Union Calendar 729 Proposer. Right of, to speak twice , 746 Prosecutions. Rights of accused in all criminal 250 Security as to accusations and trial 248 Protection. Equal, of the laws guaranteed 268 Protests. Not entered on Journal as a matter of right. 70 [599] INDEX. Public bills. Section. Certain, placed on Union Calendar, and others on House Cal- endar 729 Correction of reference of, place in order of busineBB 856 Public buildings. Jurisdiction as to, generally 693 Jurisdiction as to, abroad 681 Jurisdiction as to marine hospitals 676 ■ Jurisdiction of bills for penitentiaries 672 Jurisdiction as to immigrant stations 710 Jurisdiction as to Patent Office 698 Appropriations for, as in continuance of a public work 822 Public Buildings and Grounds, Committee on. History and jurisdiction of 693 Public credit. Jurisdiction of subjects relating to 673 Public debt. Validity of that of the United States not to be questioned 274 None incurred in aid of insurrection or rebellion to be paid 274 Claims for loss or emancipation of slaves not to be paid 274 Public defense. Jurisdiction of subjects relating to 682 Public documents. Printing of 914 Public Lands, Committee on. History and jurisdiction of 685 One Delegate on 727 Privileged reports from 722, 724 Public money. Account of, to be published 158 Public safety. As -related to suspension of writ of habeas corpus 198 Public works. Authorization of appropriations for 819 Appropriations in continuation of 815, 820-823 Publication. Of accounts of receipts and expenditures of public money 158 Punishments. Cruel and unusual not to be inflicted 254 Involuntary servitude as -. , . . . 266 Congress may provide for counterfeiting 122 [600] INDEX. Punishments — Continued. Section. Of piracies and felonies on the high seas 129 Of the law additional to impeachment 41 Power of the House to punish for contempt 287-292 For assault on Member forewords spoken in debate 91 Member liable to, when called to order in debate 744, 745 Of a delegate 727 Speaker may not inflict 615 Putting the question. By the Speaker 622 Speaker rises while 421 Duty of Speaker as to 297 By the chairman in committees 310 Decorum during 747 First in the affirmative and then the negative 432 Effect of, in ending debate • 483 Informal 484 Messages not received during 555 Forms of— For viva voce vote 915 For vote by division 916 For vote by tellers 917 • For yea-and-nay vote 918 For previous question 455, 919 For question of consideration 761 On passage of vetoed bill 920 On the passage of a bill 492 On a motion to strike out 461 On motion to strike out and insert 463 Qualifications. Of Representatives . Of Representatives 9-11 Of Senators, Representatives, electors of President, officers of the United States, and State officers as to loyalty 273 Other than those of Constitution 12 As related to a Member's right to take the oath 236 As to sanity and loyalty as 237 Power of House to judge as to 46 Elections committees may consider questions relating to. . . 668 In case of disqualification minority candidate not seated. . . 13 69373°-120 39 [601] INDEX. QuALtPiOATioNS — Continued. Of Representatives — Continued . Section. Membera not to hold incompatible offices 94-98 No religious test required for office under United States 228 Of Senators, President, Vice-President, etc. Of Senators as to age, citizenship, and inhabitancy 35 Of President of the United States 172 Of Vice-President...., 263 Of electors of President 168 As to inhabitancy modifying votes of presidential electors. . 262 Of officers and employees 912 For suffrage. Of electors of Representatives 7 Reference to 270 Quarantine. Jurisdiction of subjects relating to 676 Quarrels. Members may be pledged not to prosecute 360 In Committee of the Whole 324 Intervening questions relating to 451 QUASI-COMMITTEE . Procedure in 417-420 Question. Coexisting and equivalent questions. Jefferson's discussion of coexisting 476 Equivalent in general ' 478 Where affirmative of one amounts to negative of another. . 478-481 Equivalent on amendments between the Houses 479 The motions to agree and disagree as related to motions to amend 1 480 No equivalent questions on motions to recede, insist, and adhere , 481 On agreeing to a conference report the negative of agreeing equals the affirmative of disagreeing 543 Putting of. By the Speaker 622 Speaker must put, if in order 297 Speaker rises for 421 Decorum during ; 747 Messages not received while being put 555 Putting the. 482 [602] INDEX, Question — Continued . Ptitting o/— Continued. Section. Effect of putting, in ending debate 483 Informal putting of the 484 In committees by the chairman 310 In examinatiouB at the bar of the House 336, 337 Forms of — For viva voce vote 915 For vote by division 916 For vote by tellers 917 For yea-and-nay vote 918 For previous question 455, 919 For question of consideration 761 On engrossment and third reading of a bill 811 On the passage of a bill 492 On passage of vetoed bill 920 On a motion to strike out 461 Beading the motion and putting, on motion to strike out and insert 463 Of final, in an impeachment trial 611 Division of. Into substantial propositions 774 Principles governing 775 Motion to strike out and insert not divisible 776 Parliamentary law for 473 Jefferson's discussion of 474 As related to debate or amendment 475 Relation of, to debate. Member to confine himself to the 734 Member who has spoken to, may speak also to amendment. . 746 Of order. Decided by Speaker 617, 620 Practice governing Speaker in deciding , 620 House controls decisions of, through appeal 372 As to right of the Speaker to defer decision of 371 Clerk to decide, at organization of the House 630, 632 Decided by Chairman of Committee of the Whole 840 Decisions of, during a division 500 Clerk to note, in the Journal 634 Raising of, on appropriation bills in Committee of the Whole . 816 [603] INDEX. Question — Continued. Of orders-Continued. Section. Time of raising, as to consideration of bills in Committee of the Whole 763,843 Making or reserving, on conference reports. 540 Relation of question of consideration to 764 As to error in reference of a private bill 667 Of consideration. Form and history of 761 Conditions of raising 762 Questions subject to 763 Relation of, to points of order 764 Not to be raised against report from Conmiittee on Rules. . . 725 Where quorum fails on yea-and-nay vote and adjournment intervenes 76 Of privilege. Of privilege 653-660 Matters of privilege as intervening 450, 451 See also Privilege. In general. As to reading of papers 452 Former practice as to, in rejection and second reading of bills 477 Asked of other House by conference rather than by message ._ 562 Members of Parliament exempted from, as to debate. . 281, 295, 302 Quorum. How constituted. Constituted by a majority 52 Interpretation of meaning of majority 53 Of the Committee of the Whole 322 Consists of a majority of a standing or select committee 402 Of a joint committee 318 Of House of Representatives and Senate in voting for Presi- dent and Vice-President of the United States 263 Of Senators in an impeachment trial 40 Count of. Theory of quorum present and Speaker's count 54 Necessary for business and debate. After failure of, must be of record before transaction of business. 55 Relations of, to acts of House 55 [604] INDEX. Quorum — Continued. Necessary far business and debate — Continued. Section. Of House, necessary for business 52 Neclessary during debate and other business 303 Voting, debate, and other business suspended by failure of. . 503 Enrolled bills not signed in absence of 618 Relations of, to reception of messages 55, 56 Veto message not to be read in absence of . 104 Relations of motion to reconsider to 794 Effect of failure of, as to motions in order pending a motion to suspend the rules 783 Failure of, on second of motion to suspend the rules 883 Call of the Souse. Power to compel attendance 52, 55 The call of the House in the old form 751 Ordering and conducting the call of the House in the old form .• 752 Arrest of Members 753 Motions during a call of the House 754 Count of those not voting to make a quorum of record on a roll call 755 Call of the House in the new form 756, 757 Call of House after previous question is ordered 792 Point of order as to. Making point as to 54 Time of making point of 55 Point as to, may be dilatory 785 Withdrawal of point as to 55 Failure of, on yea and nay vote to be noted 76 Right of a Member to have the House told when a quorum is not present 375 Motions in absence of. Motions in order in absence of 55 Questions of privilege in the absence of 659 Less than, may order yeas and nays 76 Bight to demand yeas and nays not waived by demand for. . 77 Excuses, but not leaves of absence, granted by less than 649 In Committee of the Whole. Of Committee of the Whole consists of 100 Members 841 Procedure in case of failure of 841 Rising and reports of, as related to 842 [606] INDEX. Quorum — Cbntinued. Relation of, to organization. Section. At organization of the two Houses 56 Relations of, to business of two Houses at organization 56 As related to right of Member to take oath 56, 232 In general. At calling of House to order 614 Relations of, to calling of the House to order when Speaker takes the chair 303 Relations of Journal to absence of 55 Relations of, to reading of Journal 55 One-fifth of, orders tellers 623 Race. Suffrage not to be abridged for 275 Railroads. Jurisdiction over commerce by 677 Jurisdiction of bills relating to 690 Railway-mail service. Jurisdiction of subjects relating to 684 Railways and Canals, Committee on. History and jurisdiction of 690 Raising revenue. Bills for, placed on Union Calendar 729 Ratification. Of the Constitution 239 Of amendments to the Constitution 222 Procedure of Senate in ratifying treaties 593 Reading. Of papers. Of papers on which the House is to vote 385 Intervening questions as to 452 Objections to reading of papers 889 Papers read on demand of a Member 890 Papers read by consent of the House 891 Parliamentary law as to 425 Papers not necessarily to be read on plea of privilege 426 Member not always privileged to read a paper in his place. . 427 " Reports of committees not read except on order or in debate. 428 On reference 429 Of such as criticise the Senate or Senators not in order 365. [606] INDEX. Readingi — Continued. Of bills. Section. Rule for 811 Obsolete requirements as to 392, 393 First and second 812 Manner of reading a bill the second time 421 Third reading after engrossment 814 Obsolete requirement as to third 485, 486 Committal of, on third 487 Amendments before third 490 Debate in relation to third 491 Of a bill in Committee of the Whole 812 Of bills for amendment under the five-minute rule 850 A bill read in Committee of the Whole not read in full when taken up in House 331 Of Journal, place of, in order of business 856 Of Journal, not interrupted by conference report 885 Of President's messages and accompanying documents 188 Of a veto message 104 The Speaker sits while reading, but the clerk stands 421 Reasons. Not entered on Joiunal. .«. 70 Rebellion. Suffrage may be abridged for 270 Suspension of writ of habeas corpus for 148 Debts incurred in suppressing, not to be questioned 274 Debts incurred in aid of, not to be paid 274 Participation in, as a disqualification for office 273 Recapitulation. Of a vote. Speaker's discretion as to 748 Recede, motion to. Parliamentary law as to receding 516 Practice of the House as to receding from its own amendment to a bill of the other House 517 Practice of the House as to receding from disagreement to amend- ment of the other House 518 One House not to recede from its own amendment with an amendment 519 Not equivalent pf either insisting or adhering when decided in negative 481 Precedence of 479 [607] INDEX. Recede, motion to — Continued. Section. The motion to recede and concur takes precedence of motion to recede and concur with amendment or to insist 518 Motion to recede and concur divisible 518 Receipts. Of public money, account of, to be published 158 Reception. Duty of President to receive ambassadors, etc 190 Recess. In general. Of Congress 583 Of Congress, form of resolution providing for 924 Of a Congress, effect on pending business 878 Of Congress, issue of subpoenas during 335 Of Congress, jurisdiction of resolutions relating to 670 Of Senate, power of President to fill offices during 185 Of House, during day's sitting, conditions of 579 Motionfor. Status of 767 Not privileged 579 Limitation of, on Calendar Wednesdays 874 Recognition. * Procedure of the Member in seeking 347 Preliminary action of Member in seeking 734 Speaker's power of 737 Parliamentary law as to Speaker's duty in 349 No appeal from Speaker's decision in 349 Speaker governed by usage in 738 Exceptions to the usages constraining the Speaker as to recog- nitions 741 , Prior right of Members of the committee to recognition for debate 740 Loss of right to recognition by Member in charge. 739 Right to speak a second time 350 For the previous question 789 Preference in, to be given to opposition for motion to recommit after previous question is ordered 765 For the motion to reconsider 795 For debate and amendment under the five-minute rule 850 For demanding a second on the motion to suspend the rules 883 For motions to discharge committees on first and third Mondays. 884A [608] INDEX. Recommendations. Section. President to make, to Congress. , 187 Recommit, motion to. Precedence and general conditions of 770 Not used in Committee of the Whole 770 Instructions with 771 Instructions to strike out amendment adopted by the House not in order , 771, 948 - ' Instructions may be amended by substituting different in- structions 771, 790 Instructions must be germane to bill before the House and not to general law sought to be amended on a specific point. . . 790, 943 Repetition of 765 May be applied to a conference report under certain circum- stances 543 Method of dividing a bill by, with instructions 469 In order as to bills on third reading 487 One motion to, in order after previous question is ordered 765 After previous question is ordered, privilege and effect of 786, 790 After previous question is ordered. Committee on Rules limited as to 725 Not applied to reports from Committee on Rules pending pre- vious question 725 Opposition have preference in recognition for, after previous question is ordered 765 Recommittal. Of bills to select or standing committees 413 Duty of committee in case of 771 Of bills to Committee of the Whole 413 When House nonconcurs in recommendation of Committee of the Whole to strike out enacting words , 853 Of report from Committee of the Whole when ruled out in the House 328 Reoonsidek, motion to. Rule for the motion and its precedence 794 Discussion of precedence of 796 Repetition of-'. 797,798 May be held dilatory 785 As to use of, in a standing or select committee , 409 Not used in Committee of the Whole. 409 Debate on ." 801 Maker of 795 [609] INDEX. PtECONSiDBR, MOTION TO — Continued. Section. Delegates not to make. 727 Application of 797 May be applied to vote ordering or refusing yeas and nays 79 Application of, to bills in committee 802 Relations of, to the previous question 796, 797 Relation of, to motion to lay on the table 800 Vote on 799 Vote on ordering yeas and nays may be reconsidered by less than a quorum 76 Effect of "- 798 Enrolled bills not signed pending 618 Reconsideration. Parliamentary law as to 507 A bill once rejected not to be brought up again at the same ses- sion 508 Expedients for changing the effect of bills once passed 509 Exceptions to the rule against bringing up a matter once rejected . 509 Passage of supplementary bills 511 Of a vetoed bill by the two Houses 101 Two-thirds of those voting, a quorum present, sufficient to pass bill 106 Member voting "present" not counted in determining the two- thirds 106 Early Senate practice as to 506 Record. The Journal as 575 See Congressional Record. Records. • Not to go out of Clerk's custody 345 States reciprocally to give full faith and credit to public 208 Red Cross. Jurisdiction as to affairs of 681 Redress. Of grievances, right of people to petition for 240 Refer, motion to. Precedence and status of. Precedence and general conditions of 765, 770 Has precedence of motion to amend 442 May not be postponed 444 Not to be suppressed by another privileged motion 443 Repetition of 765 [610] INDEX. Refer, motion to — Continued. Use of. Section. General use of 439 Not used in Committee of the Whole 770 Admitted in ' ' House as in Committee of the Whole " 418, 420 In relation to motion to strike out enacting words 853 In order as to bill on third reading 487 Motion applicable to a vetoed bill 105 Instructions with 771 Instructions may be amended 771, 778, 790 Instructions must be germane to bill before the House and -not to general law sought to be amended 790, 943 Method of dividing a bill by, with instructions 469 Relations of, to prevvms question. Application of previous question to 443 Relations of, to the previous question 791 After previous question is ordered, privilege and effect of. . 786, 790 Minority have preference in recognition for, after previous question is ordered 765 After previous question is ordered, Committee on Rules limited asto 725 Not applied to reports from Committee on Rules pending previous question 725 Discussion of relations of, to early use of the previous ques- tion 441, 442 Reference. Of bills, etc. Of public bills, memorials, etc., by Speaker 832 _ Of private bills, petitions, etc., by Members 827 Private claims referred to certain committee 826A Of biUs, House may send to any committee ; 667 As to .division of bills for 829 A bin not divided between two or more committees 667 Papers but not biUs divided for reference 414 Of House bill returned with Senate amendment on a differ- ent subject 667 Of biUs, parliamentary law (largely obsolete) as to ^ . . 394 Of communications, rule for 860, 861 Of messages of the President, rule for 860-862 Of executive documents 911 Papers not read in House on ordinary reference to commit- tee 429 Printing on reference to committees or calendars 914 [611] INDEX. Reference — Continued . Correction of errors in reference oj. Section. Errors in, as to private and public bills 667 Correction of , for public bills, etc 832 Of public bills, place of correction of, in order of business. . . 856 Change of, for private bills, etc 831 Correction of, in case of bills, etc., referred from Speaker's table 860,861 Of bill to a Calendar, error in a question of privilege 729 Reform in the Civil Service, Committee on. History and jurisdiction of.. 706 Regents. Do not hold incompatible oflBces 95 "Regular order." Right of the Member to demand 375 Not to be demanded while a Member has the floor in debate 386 Regulations. Power of Congress to make, concerning territory and other prop- erty 218 Power of Congress to make, as to jurisdiction of Supreme Court. . 200 Rejection. Of bills, question on, comes indirectly 477 Effect of 508, 510 Of a bill, action on similar bill 814 Of a bill, communicated to the other House 561 Striking out enacting words of a bill equivalent to .• 853 Bills fail when both Houses continue to insist or adhere 515 Status of amendments after rejection of a conference report 544 A bill lost when a conference report is not agreed to 542 Relevancy. In debate ^ 734 Of debate in House and Committee of the Whole 736 Religion. Congress to make no law respecting establishment of, or free ex- ercise of 240 Religious tests. None required for oflBcers under United States 228 Remains. Removal of, jurisdiction as to 717 Remonstrance . Nature of 382 [612] INDEX. Removal. " Section. Of President from office 174 Of Speaker 308 Repetition. Of motions, general rules as to 765, 772 Of motion to reconsider 797, 798 Of motion to strike out and insert 464, 465 Of motion to request a conference 528 Of demand for yeas and nays 77 Of motion to reconsider vote ordering yeas and nays 79 Repokters. , Of debates 898 Of debates, duties of Committee on Accounts as to 715 Of newspapers, admission to the floor 896, 905 Reporters' gallery. Admission to 905 Reports. Of committees— forms, signing, authorization, etc. Of committees, and minority views, signing of 803 Views of minority 730 Of select committees • 412 Of committees, to be in writing and printed ; . . 803 Forms of, from standing or select committees 928 Valid only when authorized ■ by the committee acting to- gether 400, 401 Authorization, signing, and validity of 401 Speaker does not decide as to sufficiency of 620 Of a committee, directions as to making 408 Of committees, presentation to the House 310 Method of submitting to the House 411 Practice as to reading of, in the House 428 Method of action on, in the House 415 Printing of 914 Clerk to furnish to Members a list of certain 633 Of committees — Privileged. Privileged from certain committees 722-725 Method of making privileged 723 Method of submitting privileged, to the House 411 Right to report at any time gives right to immediate consid- eration 723 Requirements as to, on resolutions of inquiry 834, 837 [613] INDEX. Reports — Continued . Of committees — Recommittal of. Section. Eecommittal of, to select or standing committees, or Com- mittee of the Whole 413 Committal with directions to report forthwith 398 Of committees — Calendars for. The calendars on which reports of committees await action of the House 729-732 Adverse, when placed on the calendars 730 Reference of privileged and nonprivileged, to calendars. . 729, 730 From Committee of the Whole. • Chairman alone makes 328 Forms of 927 Of Chairman when Committee of the Whole rises before a matter is concluded 326, 327 From Committee of the Whole when a quorum fails 841 Minutes of clerk in lieu of, when Committee of the Whole is discharged 332 Of disorderly words taken down in Committee of the Whole. 362 Of motion to strike out enacting words from Committee of the Whole. '. 853 As to breach of privilege 328 Bill presumed to have passed necessary stages 328 Not to be amended by the House 328 Recommitted when ruled out in House 328 As related to amendments adopted 329 Consideration of amendments from, in the House 330 Bills from, considered in the House 331 Discharge of Committee of the Whole 332 Of managers of conferences. Parliamentary law as -to 535 To be in writing 535 Accompanying statement 886 Printing of reports and statements in the Record 887 High privilege of 885 Not to interrupt reading of Journal 614 To be entered in the Journals 535 Not to be amended or altered 535 Practice as to forms, signing, etc 536, 929 Partial 537 Of inability to agree 538 May deal only with differences 539, 886, 942 [614] INDEX. Reports — Continued. Of managers of confererices — Continued . Section. Ruled out in the House when out of order 540 Speaker decides as to validity of 620 Action on, in the two Houses 542 Motions in order during action on 543 Effect of rejection of 544 When on constitutional amendments agreed to by two-thirds vote 224 As to consideration in Committee of the Whole 846 In general. From heads of departments, rule for reference of 860, 861 Rectification of errors after report of tellers 496 Representation. Reduction of, for abridgment of the right of suffrage 270 Representatives. Election, privilege, duties, etc., of. See Members. House of. Part of Congress 3 Composed of Members chosen by people 5, 7 Vacancies in 17-25 Power of President to convene or adjourn 189 Meets at 12 m 6« Choose Speaker and other officers 26-30 Bills for raising revenue to originate in 99 Authority as to treaties 587-592 Has power of impeachment 31 Attendance at an impeachment trial 610 Electoral votes to be coimted in presence of 262 Choice of President by 263, 264 Indecent language against, not permitted in debate 853 Questions of privilege affecting 653, 654 Required to keep a Journal 68 The Office Building 940 Rule as to use of Hall 893 Reprieves. Power of President to grant 180 Reprisal. Letters of. Congress to grant 131 States not to grant 160 Republican form of government. Guaranteed to the States 220 [615] INDEX. Request. F(rr a ccmjerence. Section. Practice as to makiiig 526 Made by the House possessed of the papers 523 Declined or neglected 527 Motions to 528 Usual but not essential that names of managers be transmit- ted with 529 Bills introduced by. Introduction of bills, resolutions, etc., by 833 Rescind, motion to. Not privileged under rules governing the order of business 714 As to entries on Journal 71 Resbkvation. Of rights of people 256 Of points of order on general appropriation bills 816 Reserved poweks. Of the States and people 258 Reserves, porest. Jurisdiction of bills rela.ting to 680, 685 Residence. As a condition of citizenship in the United States and the States. 268 Resident Commissioner. From Porto Rico, powers and privileges of 728 OlPorto Rico, admitted to the floor 894 Rooms of, in Office Building 940 Resignations. Of Members, forms of letters of 934 Vacancy from 19 As related to procedure for censure 63 As related to procedure for expulsion 64 Of Member-elect before taking oath 294 Of chairman of a committee, selection of a successor 664 Of Speaker 28 Vacancies caused by, in Senate 34 Of President of the United States or Vice-President 174 Resolutions. Simple, of the House — nature and/orms of. Nature and use of, as compared with orders 388 Simple, forms of 923 Introduction and reference of private 827 Not to be divided for reference 829 Introduction of public 832 [616] INDEX. Resolutions — Continued . Simple, of the House — Nature and forms o/— Continued. Section. Introduction by request 833 Of inquiry 834 As to presentation of, to President for approval 110 Consideration of a preamble 407 Simple, of the House — Of inquiry. Forms of resolutions of inquiry and delivery thereof 835 Privileged status of resolutions of inquiry 836 Discharge of a committee from a resolution of inquiry 837 Resolutions of inquiry as related to the Executive 838 Concurrent. Concurrent and their use 389 Concurrent, forms of 924 Adjournment for more than three days by concurrent reso- lution 84 Joint. Their use 390 Use of, to correct an error in a bill sent to the President 511 Used for abrogating treaties 592 Used for amendments to the Constitution 223 Forms of 925 Division of, not in order on vote on engrossment or passage. 775 Signed by Speaker 617 Clerk certifies to passage of 636 Restaurant. Of House, jurisdiction of matters relating to 693 Retsencbuent. Jurisdiction of bills relating to 712 Retrenching expenditures, amendment providing new legisla- tion in order on appropriation bill 815-825 Return. Of a message sometimes asked 558 Returns. Power of House to judge as to 46-51 Revenue. Power to raise. General power of Congress to raise 112 Power of States aa to raising of 162, 164 Capitation or direct taxes to be proportioned to census 152 Export duties forbidden 154 Not to be raised on commerce by water between States. . . . 156 Regulations of, not to favor ports 156 Account of receipts of public money to be published 158 69373°-12 W [617] INDEX. Revenue — Continued. Consideration of bills for raising . Section. Amendments must relate to particular item 826 Bills for raising, to originate in House 99 Jurisdiction of subjects relating to ^ 670 Jurisdiction as to tonnage taxes 679 Jurisdiction as to oleomargarine 680 Privileged reports on subject of ^ 722, 724 Bills raising, placed on Union Calendar 729 Bills raising, considered in Committee of the Whole. . 843, 846 High privilege of bills for raising, in order of business 784 Consideration in order on Fridays 870 Precedence of bills raising, in Committee of the Whole. . . . . 847 Revenue cutteks. Jurisdiction of subjects relating to 676 Revenue treaties. Authority of House as to ' 590 Revision op the Laws, Committee on. History and j,urisdiction of 705 Riders. Rule forbidding, on general appropriation bills 815 On bills, obsolete parliamentary practice as to. l 488 Rights. Of the people under the Constitution. Those enumerated in Constitution and others retained by the people .'. 256 As to searches and seizures l 246 As to quartering of soldiers : 244 To bear arms '. 242 Of religion, speech, free press, assembly, -and petition. 240 Security as to accusations, trials, and property 248 To a fair trial by jury J .. 1 ....;............ J i. . . 250 To jury trial in suits at common law. 252 Excessive bail or fines and cruel punishments prohibited . . 254 Reserved to the : 256 Of citizens of the United States to vote. 275 Of citizens of the United States as to privileges and im- munities .' 268 Of persons to life, liberty, property, and equal protection of the laws 268 Certain, of Members of the House. Of a Member to demand the execution of a subsisting order ^. . . 374, 375 [618] INDEX. Rights — Continued. Certain, of Members of the House — Continued. Section. Of Members to inspect the Journal 575 Of Members, to call to order in debate 744 Of Member to demand division of the House after vote by sound 494 Of Member to have read once paper on which he is to vote . . 425 Members not always entitled to read papers in their places. . 427 Members not necessarily entitled to have papers read on plea of privilege 426 Rising. Of a committee when the House sits 317 Of Committee of the Whole, functions of Chairman as to 840 Informal, of Committee of the Whole to receive a message 323, 556 Of Committee of the Whole before a matter is concluded 326, 327 Of Committee of the Whole, when a quorum fails 841, 842 Of Committee of the Whole after disorder 324 Rivers. Jurisdiction of subjects relating to improvement of 678 Jurisdiction of subjects relsfttng to navigation.... 676 Rivers and Harbors. Improvement of. Jurisdiction of appropriations to fulfill contracts for 671 Precedence of bills to improve, in Committee of the Whole. 847 Committee on. ' History and jurisdiction of 678 Privileged report from 722 Roads. Post, jurisdiction of subjects relating to 684 Jurisdiction as to highways in general 680 Rock Creek Park. Jurisdiction of subjects relating to 693 Roll call. Method of call of the roll for the yea-and-nay vote 748 Manner of, during call of the House 752 The rule combining the yea-and-nay vote with a call of the Hpuse. - - 756 Count of those not voting to make a quorum of record on a roll call 755 In Committee of the Whole on the failure of a quorum 841 Members not to remain near Clerk's desk during 747 Changes and corrections of votes 749 [619] INDEX. Roll call — Continued. Section. Interruptions of the roll call 750 Oath administered to a Member during 233 Not to be interrupted for conference report 885 Not to be interrupted byarrival of time for a recess 579 Rolls. Of Members-elect, clerk makes up 631 Duty of Clerk as related to qualifications 9 Names of Members not entered on yea-and-nay, until sworn 293 . Speaker's name not on that from which yeas and nays are called. 625 Rooms. Control of, in House wing 616 Responsibility of Doorkeeper as to property in 644 Duty of Committee on Accounts as to 715 Exclusion of persons from those leading to the hall 894, 896 Assignment of, in Office Building 940 Rules. House makes its own. Each House makes its own. .- 58-60 Power to make, not impaired byifple or law 59, 381 House's construction of its power to adopt 381 Jefferson's views as to power to make 380 Jefferson's Manual, part of. 913 Those of the House in effect in Committee of the Whole so far as applicable 333, 855 Not to be chained by report from Committee of the Whole: . 328 Procedure before adoption of 60 Power to administer oaths not conferred by 59 Jiuisdiction as to 713 As related to privileges of minorities 277 Necessity of 280 Early parliamentary law as related to 279 Abrogation of joint rules 61, 309 Committee on. ' History, jurisdiction, and powers of. 713, 714 Constitution of ; 662 Privileged reports of. . 1 J '.' 722-725 Report from, containing substantive propositions, divisible . 725. Right to report at anytime confined to privileged mat- ters 724-725 Limitations on reports from 725 May sit during sitting of the House 317,726 [620] INDEX. Rules — Continued. Section. Suspension of. Rule governing the motion for 879 Nature of the motion 880 Individual and committed motions to 882 Precedence of the motion 881 One motion to adjourn in order pending 783 Motion for, entertained after yeas and nays are demanded. . 80 In order, with unanimous consent consideration, on first and third Mondays 732 Recognition by Speaker for motion to 741 Speaker not to entertain motion to suspend rule relating to use of Hall of the House 893 Relating to admission to the floor not to be suspended 894 The second of the motion to 883 The forty minutes of debate on motions to 884 Motion for, as unfinished business '. 865 Power of Congress to make certain. Power of Congress to make, concerning territory and other property '. 218 \ Congress to make, for land and naval forces 137 Congress to make, concerning captures on land and water. . 131 Rumor. As a ground for impeachment 598 As foundation for investigation 334 Safety, public. As related to suspension of writ of habeas corpus 148 Salaries. Of Representatives and Senators -. 85-88 Of Speaker 86 Jurisdiction as to 712 Authorization of appropriations for, in general appropriation bills 818 Sanity. As related to the oath and qualifications 237 Savings banks, postal. Jurisdiction of bills relating to 684 SaENCE. Congress may promote, by patent and copyright laws 126 Seal. Of the House, Clerk afi&xes 635 Seals. Of Alaska, jurisdiction as to 670 [621] INDEX. Searches. Section. As related to security of persons, papers, etc 246 Seas. Pimishment of piracies and felonies on 129 Seat of government. Power of Congress to legislate for • 142 Power of President to convene Congress at another place 189 Seats. Rule for drawing of 892 Obsolete requirement that a Member sit in his place 346 Second. Not required for ordinary motions 385, 759 Of the motion to suspend the rules 883 Of motion to adjourn on new call of House 756 Of certain motions to discharge committees 884A Yeas and nays not taken on vote to , . . . 77 Second reading. Of bills to be in full 811,812 Manner of reading a bill a second time 421 Of a bill, obsolete requirement as to 393 Secondary motions. Precedence and conditions of 765-771 Application of motion to amend to other 808 Discussion of use and relations of 431-457 In general, one not to be suppressed by another 443 See also Motions. Secrecy. Of portions of the Journal 68 Of committee procedure 312 Secret sessions. Rule for 888 Secretaries. Of President and Vice-President, admitted to the floor 894 Secretary. Of the Senate, admitted to the floor of the House 894 Secretary op state. Bills that become laws deposited with 102,106 Secrets. Of the House, oath of oflicers to keep 629 Sections. Reading of bills by 850 Amendment of bills by 406 Amendments should be germane to 777 [622] INDEX. SectiojJs — Continued. Section. Glerk amends numbers of, in a bill 472 Transposition of, in a bill by amendment 470 House dgiBB not agree to, severally in perfecting a bill 449 Securities. Congress may provide pimishment for counterfeiting the 122 SEcuRrry. Of the people as to searches and seizures 246 Seizures. As related to security of persons, papers, etc 246 Select committees. Speaker appoints ; 663 Reports,, dissolution and revival of 412 Conferences held by means of 525 Senate. Part of Congress 3 Composition of 32 Division into classes ." 33 Filling vacancies in 34 Qualifications of Senators 35 The Vice-President 36 President pro tempore. 37 Tries impeachments 38^1 Election of Senatore 32,42 Congress not to interfere as to place of choosing Senators 42 Power of President to convene or adjourn 189 No State to be deprived of equal suffrage in, without consent. . 223 Electoral votes transmitted to President of 262 Electoral votes to be counted in presence of 262 May amend revenue bills 99 Concurs in treaties by two-thirds vote 182 Procedure in ratifying treaties l 593 Power of President.to appoint officers during recess of 185 References to debate and proceedings therein, criticisms of, etc., not generally in order in the House 364-367 Senate amendments. Reference of, from Speaker's table 860, 861 When consideration of, should be in Committee of the Whole . . . 809 Practice as to consideration of, in Committee of the Whole. 810 Amendment to, should be germane •. 777 Two-thirds vote required on, when proposed to a constitutional amendment 224 See also Amendments between the Houses and Conference. [623] INDEX. Senate bills. Section. Rule for reference of 860, 861 Consideration of, from Speaker's table with reference to Com- mittee of the Whole 860, 861 Sekgeant-at-Aems . Election and oath of 628 Enforces authority of House in House and in Committee of the Whole 640 Enforces rules as to decorum on floor 747 The mace the symbol of his oflSce 642 Makes up roll of Members-elect in certain cases 641 Duties of, on call of the House 751, 753, 756, 757 Disburses pay and mileage of Members , 86, 641 Committee on Mileage reports travel to 716 Of the Senate, admitted to the floor of the House 894 Service. Fugitives from, return of 214 Servitude. Involuntary, not to exist except as punishment for crime 266 Suffrage not to be abridged for previous condition of 275 Sessions. Sessions and recesses of Congress 583 Of Parliament 581 Maimer of closing a session by action of the two Houses 584 Close of, as related for constitutional day of meeting of Congress. 45 Neither House to adjourn for more than three days during, without consent of the other 82 Relations of, to adjournments for more than three days 84 Of Congress, resumption of business of a preceding 878 Parliamentary law as to business at the termination of a session. 585 Obsolete law as to business at end of 1 378 Termination of, as affecting approval of bills 570 Conference asked at one and concluded at next 526 Effect of adjournment on action on a veto 104 Impeachments continue from one to another 613 Sitting committees in recesses, and creation of commissions to sit after Congress adjourns 582 Rule for secret, of the House 888 Ships. Of war not to be kept by States in time of peace 164 See Vessels. Signature. Approval of bill by President valid only with 102 Of enrolled bills for presentation to the President 568, 569 [624] INDEX. Signature — Continued. Section. Of enrolled bill canceled 568, 618 Speaker declines to sign a bill when motion to reconsider is pending 798 Speaker does not sign bills in absence of a quorum 618 As to signing of enrolled bills by Speaker pro tempore 627 Of bills, effect of recess of Congress on 878 Of reports of committees and minority views 401, 803 Of conference reports 536 Of writs, warrants, acts, subpoenas, etc 617 SmPLB CONFERENCES. Parliamentary law as to 532 In modem practice 533 Usage as to '. 550 Sittings. Of committees, not to continue after House sits ■ 726 Six days. Last, of session, status of motion to reconsider dining 794 Last, of session, suspension of rules during 879 Conference report not required to be printed in Record on last. . 887 Slavery. Not to exist in the United States 266 Suffrage not to be abridged for previous condition of 275 Slaves. No claims for, to be paid 274 Smithsonian iNSTiruTioN. Jurisdiction of matters relating to i 717 Smoking. Forbidden on floor of House 747 Soldiers. As to quartering of ---? - 244 Soldiers' Homes. Jurisdiction of matters relating to.... 682 Speaker. Election of. Chosen by the House 26, 305 Chosen by majority and on viva voce vote 27 Decisions rendered by Speaker Clark on conferees limited to disagreement .between the two Houses 942 In order to consider veto message on Calendar Wednesday. 875 On recommitting, striking out amendment adopted by the House 771,948 [625] INDEX. Speaker — Continued. Electicm of — Continued. Section. Recommitting, instructions must be germane to bill before the House rather than to general law sought to be amended 943 Election oi, in case of death or resignation 28 Usage to elect by viva voce vote 628 Motion to proceed to election of, of higher privilege than motion to correct the roll 631 House has adjourned for more than one day before election of Speaker 83 Election of, as related to adoption of rules 59 Sergeant-at-Arms maintains order pending election of 640 Election of Speaker pro tempore 307 Has the power to name a Speaker pro tempore under condi- tions 626 Removal of 308 Relations oj, to oath. Oath, administered to, by oldest Member 230 Administers oath to Members and qflBcers 230 Functions of, in administering the oath to Members 231 As to power to direct a Member whose right to be sworn is challenged, to step aside 235 May administer oaths to witnesses 336, 932 Preserves order and decorum. Preserves order and decorum 615 May cause lobby or gallery to be cleared for disorder 615 Sergeant-at-Arms maintains order and executes commands of House under direction of 640 May not censure or punish a Member 615, 744 Censure inflicted by, on order of House 63 Power to order arrest doubtful., 615 Parliamentary law as to naming a Member by, for disorder. 359 Power of, as to abuse of privilege of the floor 895 Duty of, as to accommodating difierences among Members.. 360 Decides questions oj order. Decides questions of order 617, 620 Practice governing, in deciding questions of order 620 Advice from Members while deciding a question of order during a division 500 Authority of, tq delay decision of a question of order 371 House by appeal controls decisions on 372 Not to pass on sufficiency of a committee's report 803 [626] INDEX. Speaker — Continued. Decides questions of order — Continued. Section. Questions not for his decision 620 May not decide questions of consistency as to amendments, etc 459 Duties of, as to quorum. Takes chair at hour of meeting, not waiting for ascertain- ment of quorum 303 Count of quorum by 54 May order the noting of Members to make quorum on vote of record 755 Required to notice failure of quorum on yea-and-nay vote.. 76 Actual count of, to ascertain as to quorum after previous question is ordered 792 Duties of, when Committee of the Whole rises without a quorum 841 Duties of, as to sittings and adjournment. Takes the chair 614 Calls House to order 614 Pronounces adjournment 580 Declares adjournment at end of Congress 6 Right of, to cause secret session 888 Conduct and general duties. Criticism of, in debate 355 Rules a restraint on caprice of 280 Not to be a member of Committee on Rules 662 As a witness before a committee 339 Functions of, at examinations at the bar of the House 336, 337 Duties of, general control of hall, corridors, and rooms 616 Authority, duties and privileges as to use of galleries 897, 905 ^ Certifies to compensation of Members during sessions 86 Directed to notify governor of State in case of certain vacan- cies 22 Appointment of com/mittees by. Appoints select and conference committees 663 Selection of chairmen of standing committees 664 Elect Delegates to certain committees 727 Relations to petitions, bills, and order of business. Duties of, in presenting petitions .'. ; 828 Makes reference of public bills, memorials, etc 832 Duty to exclude certain bills, memorials, etc 827 Duties as to referring matters from Speaker's table 860, 861 [627] INDEX. Speaker — Continued. Relations to petitions, bills, and order of hudness — Continued. Section. Functions of, in relation to requests for unanimous consent. 859 , Duties of, as to calling bills for consideration by unanimous consent 732 Duty as to reception and reference of executive communica- tions '. 911 Signs acts, writs, subpoenas, etc 617, 619 Signing of enrolled bills by 568 Declines to sign a bill when motion to reconsider is pending. . 798 Directs Clerk as to reference of nonprivileged report to Calendars 730 Duty of, when validity of a report is questioned 401 Objects to action on a bill withou,t reading 812 Early discretion of, as to the order of business 342 Exercises discretion about interrupting pending business to receive a message 555 Messengers saluted by 557 Powers and duties as to recognition. Speaker's power of recognition 737 Preliminary action of Member in seeking recognition 734 Function of, in recognizing for debate, etc 347 No appeal from his recognition 349 Speaker governed by usage in recognitions 738 Loss of right to recognition by Member in chsuge 739 Prior right of Members of the committee to recognition for debate 74O Exceptions to the usages constraining the Speaker as to recognitions 74I Duty of, as to entertaining questions of privilege 660 Not to entertain dilatory motions 785 Limitation on power of, to entertain motions pending report of Committee on Rules 725 Permitted to entertain one motion to adjourn pending motion to suspend rules 783 Power to entertain motions to suspend rules limited 879 Duty as to recognizing for second of motion to suspend the rules 883 Not to entertain motion to suspend the rule as to use of hall of House 893 Not to entertain motions or requests to suspend rule relating to admission to the floor 894 [628] INDEX. Speaker — Continued . Powers and duties as to recognition — Continued. , Section. Limitation on power to entertain motion for recess on Wednesdays 874 Limitation on request for unanimous consent 732 Principles as to recognition for motion for the previous question 789 Duty as to recognition for motion to reconsider 795 Required to give preference to opposition for motion to re- commit after previous question is ordered 765 Relations of, to debate. Participation of, in debate 351 Duty as to calling to order in debate 744 Duty of, to suppress reflections on motives 356 Duty of, to prevent expressions in debate offensive to the other House > . . , 367 To be addressed when a Member desires to interrupt in debate 357 Puts the question. Putting of the question by, and taking the vote 622 Formulas for, in putting questions 915-920 Formal and informal putting of the question by 482-484 Decorum while he is putting the question 747 Must put a question which is in order 297 Beads sitting but rises to put a question 421 Duty of, to state motions , 759 Duty and rights as to voting. Duty to divide the House on demand of a Member after vote by sound 494 Procedure of, in taking a vote by yeas and nays 497 Duty of, when an order of yeas and nays is demanded 78 Forbidden to entertain a request to record a vote after the roUcaU.. 748 Appoints tellers 623, 624 Has not usually decided as to vote of a Member personally interested 650 Not deprived of vote by rule- 59 His vote ordinarily and in case of tie 625, 748 His vote on a roll call » 748 Relations to Committee of the Whole. Function of, when the House goes into Committee of the Whole -.- 321 [629] INDEX. Speaker — Continued . Belations to Committee of the Whole — Continued. Section. Appoints Chairman of Committee of the Whole and leaves chair 839 Takes the chair at informal rising of Committee of the Whole to receive a message 323, 556 May take the chair to restore order in Committee of the Whole 324,325,615 Formula for, on receipt of report from Committee of the Whole 927 Duty of, as to recognition of a report from a Committee of the Whole 328 Remains in the chair in House as in Committee of the Whole 417 Powers and duties of, as to conferences. Functions and duty of, in appointing managers of a con- ference 529 May rule out a conference report where managers exceed their authority 540 Duties as to Journal and Record. Causes Journal to be read 614 Makes preliminary examination of Journal 614 May not prevent House from amending Journal. .■ 71 Relations of, to Congressional Record 898, 903 Duties as to reporters of debates and committee stenog- • raphers 898 Speaker pro tempore. Appointed by the Speaker or elected by the House 626 Choice of 307 Chosen on removal of Speaker 308 Election, oath, and designation of 627 As to competency to administer oath to Members 231 As to signing enrolled bills by 569 Speaker's table. Business on, place in order of business 856 Rule for disposition of business on .- 860, 861 Senate bill to be called up, House bill must correctly be on House Calendar 861 Must h* authorized by committee in formal meeting to make motion 861 Senate bill must be substantially same as House bill as reported from House committee .-.- 861 [630] INDEX. Special orders. Section. Use of, and method of making 714 Forms of 933 Privilege of reports of 724. 725 Relation of motion to postpone to : 714, 769 Effect of, on Friday business. 870 Speech. Members not to be questioned in another place for 91 Members of Parliament exempted from question as to 281, 295, 302 Freedom of, guaranteed 240 Not to be noticed by the other House '. 301 Spitting. Not in order during debate 357 Stages. Of a bill 938 Standard. Oengress to fix, for weights and measures 120 Standing orders. Duration of, etc 379 State executive. Issues writs to fill vacancies in representaj^ion 17, 24 Pills certain vacancies in Senate .■ 34 State laws. As related to House's power to judge elections, etc 48-50 State of the Union. President to inform Congress of 187 Statement. Accompanying conference report, rule as to 886 Accompanying conference report, form of 930 Of receipts and expenditures of public money to be published. . 158 States. Relations to the two Houses. People of the several, to choose Representatives 5 Two Senators from each :' 32 None to be deprived of equal suffragie in Senate without its consent 223 Qualifications of electors of Representatives of , in 7 May not prescribe qualifications of Members 12 Legislatures prescribe time, etc., of elections 42, 43 Representation to be apportioned among 270 Authority of, as to establishment of congressional districts. . 271 House of Representatives votes by, in choosing President. . 263 [631] INDEX. STATES' — Continued . Relations to the two Houses — Continued. Section. Ratification of constitutional amendments by 224 Constitutional convention to be called on application of leg- islatures of 224 Clerk to distribute Journal to legislative bodies of 634 Admission of, jurisdiction of bills for '687 Governors of, admitted to the floor of the House 894 Relations of, to President. Appoint electors of President 168 Meeting of presidential electors in 262 Electors of, limited as to votes for President and Vice-Presi- dent ,, 262 President commander in chief of militia of, in certain cases. 178 Relations of, to courts, crimes, etc. Judicial power extends to cases affecting 198 Jurisdiction of Supreme Court in cases aftectir^ , 200 Judges in, bound by Constitution of the United States 226 To give full faith and credit to public acts, records, and judicial proceedings of one another 208 Limitations as to certain suits against 260 Trials for crimes in 202 Relations of, as to extradition 212 Citizenship and suffrage in. Citizenship of 268 Privileges and immunities of the citizens of 210 No State by law to abridge the privil^es and immunities of citizens 268 Not to abridge suffrage for race, color, etc 275 Not to deprive any person of life, liberty, or property un- lawfully, or deny equal protection of the laws 268 General powers, authority, etc., of. Powers reserved to, by the Constitution 258 Admission, consolidation, or division of 216 One not to enter into agreement or compact with another except on condition 164 United States to guarantee republican form of government and protect from invasion and domestic violence 220 Powers of, as to treaties, alliances, confederations, and other functions, limited 160-164 Power of Congress over places purchased with consent of . . . 142 Authority as to militia 140 [632] INDEX. States — Continued. General powers, authority, etc., o/— Continued. Section. Necessity of militia for security of 242 Officers of, bound by oath to support the Constitution 228 Qualifications of officers as to loyalty 273 Relations of, as to fugitives from service or labor 214 Powers of, as to migration or importation of persons 146 5ower of Congress to regulate commerce among 116 Duties not to be levied by, on commerce by water 156 Ports of, not to be given preferences 156 No tax or duty on articles exported from 154 Not to pay any debt incurred in aiding insurrection or rebellion 274 Certain cla,ims of, not to be prejudiced by the Constitution. 218 Stationery. For Members 88 Clerk furnishes 639 Clerk keeps the accounts of Members and Delegates as to 638 Statistics. Jurisdiction of bills relating to 720 Statuary. Jurisdiction as to 717 Statutes. "* Revision of, jurisdiction as to i 705 Stenographers . Official reporters of debates 898 Of committees, appointment, etc., of 898 Admission of unofficial 905 Strike out enacting words. Rule governing motions to 853 Practice as to use of motions to 854 Strike out, motion to. Practice of Parliament and the House as to 461 Repetition of the motion to, and insert 464 Application of 465 Priority of amendments over 449 Motion to strike out and insert not divisible 776 Negative decision of, not bar to further amendment 776 Effect of affirmative vote on a ^notion to, and insert 466 Perfecting before voting on 462 Conditions of strildng out an amendment already agreed to 467 69373°— 12 41 [633] INDEX. Subjects. Section. Of foreign States, limitations on suits of, against States. 260 Judicial power extends to cases affecting those of foreign States. 198 SUBPCENAS. Signed by Speaker 617, 619 Olerk seals and attests all 635 Issue of, during recess of Congress 335 Substantive propositions. , As related to division of the question 774, 775 Substitute amendment. Rule as tovoffering of 804 Amendment of , 805 As to division of 776 Time of offering in "House as in Committee of the Whole " 420 Suffrage. Right to, not to be abridged for race, color, etc 275 Abridgment of, a cause of reduction of representation .*. 270 Of States in the Senate. 222 Suits. As to jury trial for those at common law 252 Limitation of judicial power in cases of law or equity 260 Summons. Writ of, in an impeachment 601, 604 Sunday. , Not taken into account in adjournment for three days or less 83 Excepted from the ten-day limit as to bills in hands of President- 108 When inauguration day falls on 166 Sundry civil expenses. Jurisdiction of appropriations for 671 Superintendent. Of Capitol, admitted to floor of the House 894 Duties as to rooms in office building 940 Supervising Architect. Jurisdiction of bills relating to office of • 693 Supreme Court. Repository of judicial power 196 Tenure and compensation of judges of 196 Jurisdiction of 200 Judges of, admitted to the floor 894 Gallery for judges of .^ 897 Suspension. Of writ of habeas corpus 148 [684] INDEX. Suspension days. Section. Consideration by unanimous consent in order on 732 Rule governing the motion for 879 Nature of the motion 880 Individual and committee motions to 882 Recognition by Speaker for motion to 741 Speaker not to entertain motion to suspend rule relating to use of the hall of the House 893 Rule relating to admission to the floor not to be suspended 894 Precedence of the motion .' 881 Motion for, entertained after yeas and nays are demanded 80 One motion to adjourn in order pending 783 The second of the motion to 883 If quorum not present when vote taken by tellers; vote then had under call of the House by yeas and nays 884a The forty minutes of debate on motions to 884 Motion for, as unfinished business 865 Table. Speaker's. Rule for disposition of business on 860, 861 Business on, place in daily order. 856 Clerk's. No Member to remain near, during voting 747 Members not to take papers from, or write there during de- bate 357 Papers on, not to go from Clerk's custody 345 Laying of adverse reports on 730 Motion to lay on the. See Lay on the table. Taking down words. Parliamentary law as to ■- 361, 362 Taxes. Power of Congress to lay and collect 112 Export taxes prohibited, - 154 On persons migrating or imported 146 Capitation or direct, to be proportioned to census 152 Old apportionment of .y 14 Jurisdiction of bills relating to tonnage 679 Propositions for, considered in Committee of the Whole 843, 846 Telegraph. Use of government lines 939 Jurisdiction of bills relating to postal 684 [635] INDEX. Tellers. , Section. Rule and practice as to voting by 623, 624 Appointment of 623 Ordered by a fifth of a quorum 623 Olerk appoints, for election of Speaker 305 Demand for, may be held dilatory 785 May be demanded after refusal of yeas and nays 80 Yeas and nays may be demanded during vote by 77 Sometimes used in ordering yeas and nays 497 Chair may be counted on a vote by 625 Messages not received during vote by 555 Rectification of error after report of 496 May not be ordered to verify count of quorum 54 Relation of, to point as to quorum '. 54 Motion to suspend the rules seconded on vote by 883 Certain motions to discharge committees seconded on vote' by. . . 884A Appointment of, for electoral count 262 Ten days. Limit as to bills in hands of President 108 Tender, legal. States restricted as to making 160 Teem. Of Representatives 5, 6 Of Congress 6 Of Member elected to fill vacancy 25 Of Speaker and other officers 26 Of Speaker expires with the Congress 630 Of Senators 32 Of the President of the United States 166 Beginning of President's term 166 Of two years for appropriations for armies 133 Tbrritoeies, Committee on. History and jurisdiction of 687 Two Delegates on 727 Privileged report from 722 Territory. Power of Congress to make rules and regulations concerning 218 Jurisdiction of matters relating to 687 Testimony. Power of the House to compel 289 Methods of taking, by the House and committees 334-341 Procedure when it implicates a Member of either House 314-316 Required to secure conviction for treason • 204 [636] INDEX. Tests. , Section. Religious, not required for office under United States 228 Of strength usually taken first on engrossment of a bill 422 Of strength may be taken before bill is amended 423 Text of a bill. Perfection of, before striking out or agreeing ; 449 That to which both Houses have agreed not to be changed by either House alone or by the conference - - 520 House and not Speaker passes on questions relating to that to which both Houses have agreed 459 Thanks. Of Congress, persons receiving, admitted to the floor 894 Third reading op a bill. Question on, and procedure 811, 813 Obsolete requirements as to reading and passage of bills 485 Obsolete parliamentary law as to, of bills 486 Committal of a bill on 487 Amendments before ' 490 Debate in relation to 491 Three days. Adjournment for more or less than 82, 83 Tie vote. Decision on 501 Question lost on ^ • 625 Speaker's vote in case of. ■- 625, 748 Vote of Vice-President in case of 36 Time. Of adjournment, power of President as to 189 Amendments, filling blanks as to '. 468 Times of elections. Regulation of 42, 43 Titles. 0/ bills. Amendment of 804 Endorsement of, on an engrossed bill 424 Power of a committee as to 404 Amendment of in ' ' House as in Committee of the Whole " . . 420 Parliamentary law as to amendment of title to a bill 505 Of reported bills entered in Journal and Record 730 Of Journals. Of Journal '- 69 [637] INDEX. TlTLfis— Continued . Of nobility. Section. None to be granted 159 No State to grant ' 160 None to be accepted by officers of United States 159 Conditions on acceptance of, from foreign sources 159 Tonnage. States not to levy duties on 164 Tonnage taxes. Jurisdiction of bills relating to 679 Trade-marks. Jurisdiction of bills relating to 698 TRANSPOsrrioN. Of portions of a bill by motions to amend 470 Travel. Of Members, ascertained by Mileage Committee 716 Treason. Definition of ' 204 Testimony for convictibn of 204 Power of Congress to declare the punishment of 204 An impeachable offense ; 192 Extradition for 212 Senators and Representatives not privileged from arrest for 89 Relations of privilege to case of 298 Treasurer of United States. Disburses pay of Members in certain cases. 86 Treasury. Duties and imposts on imports or exports levied by States to go to. 162 Money not to be drawn from, except on appropriation 158 Compensation of Representatives and Senators paid out of 85 Jurisdiction as to sutFJects relating to 670 Treaties. ; President makes, with concurrence of Senate 182 States not to make 160 General nature of 586 Sujreme law of the land 226 Jefferson's discussion of, under the Constitution 587 Judicial power extends to cases arising tmder 198 Jurisdiction of those relating to revenue 670 General action of the House as to 588 Authority of the House as to, in general 589 Authority of the House as to revenue 589 [638] Treaties — Continued. Section. House approves Indian 591 Abrogated by law 592 Procedure of the Senate as to 593 Treaty rights. Jurisdiction as to bills relating to ■.... 681 Trial. Of criines to be by jviry, except in cases of impeachments 202 By jury in suits at common law- . - -' •■ 252 Rights as to, in criminal prosecutions 250 For crimes to be in State where committed or where Congress may direct 202 For capital or infamous crimes 248 Persons not to be put twice in jeopardy 248 At bar of House for contempts 337 Tribunals. Congress to constitute inferior 128 Troops. States not to keep, In time of peace 164 Trust. No one holding oflBce of, to accept certain gifts 159 Public, no religious test required for, under United States 228 Trusts. Jurisdiction of subjects relating to 672 Two-thibds vote. Required in certain cases. 502 Vote by, on expulsion 62 Vote required to pass bill over President's veto 101, 106 Required for conviction ot impeachment ' 38 Vote required on suspension of the rules 879 Business of Calendar Wednesday protected by 725 Required to dispense with Calendar Wednesday 874 Required for removal of political disabilities 273 Of the States to form quorum of House for election of President. . 263 For proposing amendments to the Constitution 222 Nature of, for proposing amendments to the Constitution 224 Required on a conference report on a constitutional amendment. 542 Vote by which Senate concurs in treaties 182 Two WEEKS. Last, of session, rule for Calendar Wednesday not to apply to. . . 874 [639] INDEX. Unanimous consent. Section. Interruption of the order of business for 859 Ordinary function of Speaker as to recognition of requests for . . 741 Calendar for bills to be considered by 732 Required for withdrawal of amendment in Committee of the ■Whole • 848 Correction of reference of public bills may be made by 832 Private claims to be referred to certain committees only by. . . . 826A Request as to admission to the flocjr not to be entertained 894 Unfinished business. Rule for considering of 863 Construction of the rule as to 864 Business in periods set apart for classes of business 865 Private, on Fridays 870 Place of, in daily order of business , 856 Priority of, in Committee of the Whole 847 Question of consideration does not recur as 762 Resumption of business of a preceding session of Congress 878 Union. An object of the Constitution 1 Execution of laws of 138 States of, guaranteed republican form of government and pro- tection from invasion and domestic violence 220 Union Calendar. Rule and practice for considering bills on, after call of com- mittees 868, 869 Bills placed on 729 Bills on, considered on Calendar Wednesday 874 Bills from, 6n Calendar for unanimous eonsent 732 United States. Supreme law of 226 See Constitution. Unusual punishments. Not to be inflicted 254 Usage. Governing the Speaker in recognitions 738 Vacancies. In membership of House. Governor issues writs to fill 17 From death Ig From resignation 19 [640] IJiTDEX. Vac ANCiB 8 — Continued . In membership of House — Continued. Section. From declination 20 Prom withdrawal 21 From action of House 22 Questions as to existence of 23 Functions of State executive as to ' 24 Term of Member elected to 25 Declared for holding incompatible offices : . 98 In general. In office of Speaker , 28 In office of Clerk 30 In managers of a conference 531 On committees, filling of '. 665 In clerkship of a committee » 666 In offices, President to fill, during recess of Senate 185 In Senate 34 Vacation. Of Speaker's signature to enrolled bill 618 Validity. Of the public debt not to be questioned 274 Vessels. Boimd from State to State 156 Appropriations for, as in continuance of a public work 823 Jurisdiction of subjects relating to 676, 679 Jurisdiction of bills relating to mutiny on and destruction of 672 Veto. Of a bill by the President 101 Consideration and action on vetoed bill in House 101 , 104-106 Member answering present, not considered in deteriming two- thirds 106 Two-thirds of those voting, a quorum present, sufficient to pass bill 106 In order to consider on Calendar Wednesday 875 Vice-Pkesidbnt. Term of 166 Election of 168, 170 Meeting of electors of, and transmission and count of votes for. . 262 Limitation on right of electors to vote for ' 262 Election of, by the Senate ip certain cases 263, 264 Qualifications of electors of, as to loyalty 273 President of Senate with a vote in case of tie 36 [641] Vice-President — Continued. Section. Presides in certain impeachments 39 May be impeached 192 Removal, death, resignation, or inability of 174 Official duties of President devolve on, in certain cases 174 To act as President if the House of Representatives fails to choose. 263 Qualifications of 263 Admitted to the floor of the House 894 Views of minority. Signing of 803 Reference of, to calendars 730 Violence. Domestic, States may ask protection frorn 220 Visitors to iNSTfruTioNS. Do not hold incompatible offices 95 Viva voce vote. Rule requires officers of House, except Speaker, to be elected by. 628 Usage to elect Speaker by 27, 628 Votes. Of Speaker not taken away by rule 59 Of Speaker ordinarily and in case of tie 625 Of Vice-President in case of tie. 36 Of Chief Justice in impeachments 39 Delegates not to vote 727 Each Senator to have one 32 Of States in the Senate '. 222 Of electors of President, giving of 170 Transmittal of, of electors of President 170 Transmittal and count of electoral 262 Methods of recording in Journal 72, 75 Yeas and nays entered on Journal by order of one-fifth 75-78 Yeaa and nays on vetoed bill entered on Journal 101 Not to be noticed in the other House 301 By which a bill is passed not communicated to the other House. . 560 As to presentation of, to President for approval 110 Voting. Duties and rights of Members in. Members required to vote 648, 650 Parliamentary law as to giving of votes 498 Withdrawal of a vote or correction of error in 749 Change of a vote 504 Disqualifying personal interest 649, 651 [642] . INDEX. Voting — Continued. Duties and rights of Members in — Continued. Section. PaiiB and their announcement 652 Right of Member to have read once a paper on which he is to vote 425 Relation of reading of papers to 889-891 Decisions by majority — Tie. Decision by voice of majority — tie votes 501 Two-thirds vote. Two-thirds votes in general 502 By two-thirds on expulsion 62 Two-thirds required for conviction on impeachment 38 Two-thirds required to pass bill over President's veto 101, 106 Two-thirds required on suspension of the rules 879 Of two-thirds to propose amendments to the Constitution. . . 222 Nature of two-thirds vote required to propose amendments to the Constitution 224 Two-thirds required to agree to a conference report on a constitutional amendment 542 Business on Calendar Wednesday protected by two-thirds vote • •: 725 Two-thirds required to dispense with Calendar Wednesday. 874 Two-thirds required to remove political disabilities 273 Senate concurs in treaties by two-thirds 182 By sound and by division. Method of viva voce, and by division 623, 624 Division of the House after determination by sound 494 Parliamentary provisions as to division not applicable in the House 495 Messages not received during vote by division 555 By tellers. Rule for voting by tellers 623, 624 Tellers may be demanded after yeas and nays are refused . . 80 Tellers ordered by one-fifth quorum 623 Correction of a vote by tellers after the report. . . . ; 496 Messages not received during vote by tellers 555 By yeas and nays. Voting by 497 Demanding 77 Ordered by one-fifth 75, 76 Effect of order of ' 80 [643] INDEX. Voting — Continued . By yeas and naj/s— Continued. Section. Reconsideration of the vote ordering 79 Combination of yeas and nays witli call of the House for quorum 756 Method of calling the roll in yea-and-nay vote 748 By the Speaker on roll call 748 Messages received during call of roll 555 By ballot. Rule for 909 On hills, amendments, etc. On several stages and passage of a bill 814 Test of strength usually made on engrossment o£ a bill 422 Test of stoength may be taken on a bill before amendment. 423 On amendments, order and principle of 804 As related to debate on amendment 475 Right to debate not precluded until negative is put 475 Requirements as to, on a motion to reconsider 799 On the articles in an impeachinent 611 Division of question for. Division of questiop into substantive propositions 774 Principles governing division of the question 775 Parliamentary law as to division of the question ' . . 473 Jefferson's discussion of division of the question 474 Motion to recede and concur divisible 518 Motion to strike out and insert not divisible 776 In election of officers. On election of Speaker 27 Speaker elected by majority 305 Por officers of House, except Speaker 628 Of Senate in choice of Vice-President 263 House of Representatives elects President by ballot 263 Of Presidential electors by ballot 262 Majority reqiiired in Electoral College or in House of Repre- sentatives to elect a President 263 In general. Movement of Members diuing voting 499 Members not to remain by Clerk's desk during 747 Decisions of points of order during 500 Business suspended by failure of a quorum 503 In joint committees. . .' 318 [644] INDEX. Voting — Continued . In general — Continued. Section. Managers of two Houses vote separately at a conference 541 Limitations on presentation of conference report during. . 885 Right of suffrage not to be abridged for race, color, etc 275 Waiver. ' Of privilege, not permitted to Members 294 Wak. Declaration of Congress to make 131 Jurisdiction of bills declaring 681 States not to engage in except on conditions 164 Trial for crimes in forces during 248 Quartering of soldiers in houses during 244 Treason to consist of levying of, against United States 204 Jurisdiction as to pensions arising from 699, 700 War claims. Consideration of. On Fridays , 870 Committee on. History and jurisdiction of 702 Consider private claims 826A War Department. Jurisdiction of matters, relating to 682 War ships. Not to be kept by States in time of peace •. 164 Warrants. For arrest of absent Members 753, 757 Signed by Speaker 617, 619 Clerk seals and attests all 635 Certain, to issue only on certain conditions 246 Ways and Means, Committee on. History and jurisdiction of 670 Privileged reports of 722, 724 Weather Bureau. Jurisdiction of matters relating to 680 Wednesday, Calendar. Rule for order of business on 874 Business of, protected by two-thirds vote 725 In order to consider a veto message of the President 875 Previous question ordered, bill undisposed of on Tuesday, goes over until Thursday 875 [645] INDEX. Wednesday Calendar — Continued. Section. One committee bill can only occupy two days except to dispose of unfinished business 875 Privilege of revenue and general appropriation bills limited on. 784-874 Recent decisions on Calendar Wednesday 875 Weights. Congress to fix standard of 120 Jurisdiction of subjects relating to 674 Welfare, general. An object of the Constitution 1 Power of Congress to provide for 112 Withdrawal. Of motions, votes, etc. Of motions 385, 758-760 Parliamentary law of as to motions 453 Of a motion to suspend the rules 883 Of motion to reconsider .' 794 Of motion to amend 804, 806 Of motion to amend in Committee of the Whole 848 Of a motion to amend in "House as in Committee of the Whole" 420 Amendment reported from Cormnittee of the Whole not sub- ject to 328 Of point of no quorum 55 Of a vote 749 Of Members, resignations, papers, etc. Of a Member 22 Of Member when a matter concerning himself arises 368, 369 Of resignation not permitted 19 Of papers from files 908 By President of paper accompanjring a message 564 Of witnesses, counsel, and parties during examination at bar of the House 336 Witnesses. Members as. Privilege of Members of Congress as to summons as 284-286 Privilege of Members of Parliament not to be summoned as . . 281 Members as witnesses 339 Method of obtaining testimony of a Member of the other House 340 Power of one House to summons Members or officers of the other. , 286 [646] INDEX. Witnesses — Continued. In examinations by the House. Section. Power of the House to compel testimony 289 The produetion of, at an inquiry 335 Examination of, in the House and in committee 336 Earlier and later practice as to inquiries at the bar of the House 337 Arraignment of contumacious 337 Procuring attendance of, when in custody of the other House 338 Administration of oaths to 336,339 Pay of 906 In criminal cases. Right to confront, in criminal prosecutions 250 Compulsory process for obtaining 250 No person to be against self in criminal case 248 Necessary to convict for treason 204 Examination of, in an impeachment .' 607 Words taken down. Procedure in case of 745 Parliamentary procedure in taking down disorderly 361, 362 Works, Public. Authorizations of appropriations for -. 819 Appropriations in continuation of 815, 820-823 Writing. Motion reduced to, on demand of a Member ^ 758 Reports of committees to be in 803 By Members at the Clerk's table during debate forbidden 357 Writings. , Congress may provide exclusive rights to 126 Writs. Signed by Speaker ' -. 617, 619 Clerk seals and attests all 635 Of summonses in an impeachment. . . * 601, 604 Of habeas corpus, suspension of 148 Of election to fill vacancies 17 Yachts. Jurisdiction of bills relating to 679 Year. Congress meets once during each 45 [647] INDEX. Yeas and nays. Demanding and ordering. Section. Demanding of ; 77 Demand for, not to be held dilatory 785 In order in ' ' House as in Committee of the Whole " 420 One-fifth may order entry of, on Journal 75, 78 Conditions of ordering 76, 497 Less than quorum may order 76 Ordered during call of the House 754 Reconsideration of the ordering of 79 Effect of the order of 80 Voting by. General provisions as to voting by 497 Method of call of the roU for the yea-and-nay vote 748 Calling of Speaker's name on a vote by 625 Names of Members not entered on roll for, until sworn 293 Changes and corrections of votes 749 Interruptions of the roll call 750 Not to be interrupted by arrival of time for a recess 579 Not to be interrupted by conference report 885 Messages received during vote by 555 Count of those not voting to make a quorum of record on a roll call 755 The rule combining the yea-and-nay vote with a call of the House 756 Failure of quorum on, to be noticed 76 Yielding. Of Member having floor for motions or questions 734A Not permitted under five-minute debate 850 Zoological Park. Jurisdiction of subjects relating to 693 o [648] KP 4992 C93 Author Vol. ■ Crisp, Charles R. Title Copy ' Constitution Jefferson's Manual.. Date