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[Cannon's Precedents -- Volume IX]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:index-c.wais]
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CANNON'S PRECEDENTS
of the
HOUSE OF REPREESENTATIVES
of the
UNITED STATES
INCLUDING REFERENCES TO PROVISIONS
OF THE CONSTITUTION, THE LAWS, AND DECISIONS
OF THE UNITED STATES SENATE
By
CLARENCE CANNON, A.M., LL.B., LL.D.
------
published by authority of the act of congress
approved march 1, 1921
------
united states
government printing office
washington : 1941
VOLUME IX
PRECEDENTS OF THE HOUSE OF REPRESENTATIVES
INDEX--DIGEST
------------------------------------------------------------------------
INDEX--DIGEST
C
Page Page
------------------------------------------------------------------------
Cabell.......................... 298 Casey, Z., Chairman..... 330
Cabinet of the President........ 298 Cass.................... 330
Cablegrams...................... 299 Casting vote............ 330
Cables.......................... 299 Catchings............... 330
Cadets.......................... 300 Cate.................... 330
Caldwell........................ 300 Catlin, election case of 330
Calendar day.................... 300 Caucus.................. 330
Calendar Wednesday.............. 300 Causden................. 332
Calendars....................... 305 Cause................... 332
Calhoun, J. C., Vice-President.. 308 Cavalry................. 332
California...................... 309 Cavanaugh............... 333
California debris............... 309 Celebrations............ 333
Call............................ 309 Cemeteries.............. 333
Call, election case of.......... 309 Censure................. 333
Call of committees. See also Census.................. 337
``Cal-
endar Wednesday''............. 309 Census, Committee on.... 338
Call of States.................. 310 Ceremonies.............. 339
Call of the House............... 310 Certificates............ 352
Call to order................... 317 Certified copies........ 354
Cameron, censure of............. 318 Cession of territory.... 354
Cameron, election case of....... 318 Cessna, election case of 354
Campaign expenditures........... 318 Cessna, J., Speaker pro 354
tempore.
Campbell, election cases of..... 319 Chairman................ 355
Campbell, P. P. Chairman........ 319 Challenge............... 362
Campbell, T. J., Clerk.......... 319 Chalmers................ 364
Canals.......................... 319 Chamber................. 364
Cancellation of signatures...... 320 Chandler................ 364
Candidates...................... 320 Change of existing law.. 365
Cannon, C., Chairman............ 322 Change of name.......... 370
Cannon, committee jurisdiction 322 Change of vote.......... 370
as to.
Cannon, election case of........ 322 Chaplain................ 370
Cannon, J., Jr., Bishop......... 322 Chapman, election case 371
of.
Cannon, J.G., Speaker and 322 Chapman, E. R........... 371
Chairman.
Cantor, election case of........ 325 Character witness....... 371
Capacity, representative........ 325 Charges................. 371
Capital cases................... 326 Charts.................. 391
Capitol......................... 326 Chase, election case of. 391
Capitol police.................. 327 Chase, Justice, 391
impeachment.
Capron, A. B., Speaker pro Chase, S. P., Chief 392
tempore Justice.
and Chairman.................. 327 Chaves.................. 393
Caraway, T. H., Speaker pro 328 Cheatham................ 393
tempore.
Card gallery.................... 328 Checks.................. 394
Carlile......................... 328 Cheese.................. 394
Carlisle, J. G., Speaker, Cheseborough............ 394
Speaker
pro tempore, and Chairman..... 328 Chester................. 394
Carmack......................... 329 Chief Clerk............. 394
Carney, election cases of....... 329 Chief Justice........... 394
Carpenter....................... 320 Chief pages............. 397
Carriers........................ 330 Chilcott................ 397
Carrigan........................ 330 Child labor............. 397
Cary, election case of.......... 330 Children's bureau....... 397
Casement........................ 330 Childs.................. 397
Page Page
------------------------------------------------------------------------
Chilton......................... 397 Codification............ 432
China........................... 397 Coffroth................ 432
Chindblom, C. R., chairman...... 398 Cognizance.............. 432
Chinese......................... 398 Coinage................. 433
Chrisman........................ 398 Coinage, Weights, and
Measures,
Christy......................... 398 Committee on.......... 433
Church.......................... 398 Colden.................. 433
Cilley.......................... 398 Cole, election case of.. 434
Cimarron........................ 398 Coleman................. 434
Citizens........................ 398 Colfax, S., Speaker and 434
Vice-President.
Citizenship..................... 399 College................. 435
Civil law....................... 400 Collisions.............. 435
Civil officers.................. 400 Colloquies.............. 435
Civil Service................... 401 Color................... 435
Civil, sundry, expenses......... 402 Colorado, election cases 436
from.
Civil war....................... 402 Comer................... 436
Clagett......................... 404 Comfort................. 436
Claimant........................ 404 Commerce................ 436
Claims.......................... 404 Commercial travelers.... 437
Claims, Committee on............ 410 Commission, Electoral... 437
Claiborne....................... 411 Commissioner, resident, 437
of Porto Rico.
Clark, C., Speaker.............. 411 Commissioners........... 437
Clark, election cases of........ 413 Commissioners of the
District of
Clark, J. B., Clerk............. 413 Columbia.............. 437
Clark, J. C., Chairman.......... 413 Commissions............. 438
Clark, M. St. C., Clerk......... 414 Commit, motion to....... 439
Clarke, election case of........ 414 Commitment.............. 445
Clarke, J. P., President pro 414 Committee of the Whole.. 445
tempore.
Classified Civil Service........ 414 Committees.............. 445
Clay, C. C., Speaker pro tempore 414 Common carriers......... 564
Clay, H., Speaker............... 414 Common fame............. 564
Clayton......................... 414 Commoner................ 565
Clayton Antitrust Act........... 414 Commons, contempt....... 565
Clayton, H. D., Speaker pro 415 Commons, in impeachment. 565
tempore.
Clearing........................ 415 Communications.......... 565
Clements........................ 415 Compact................. 570
Clerk........................... 415 Compatibility........... 570
Clerk pro tempore............... 426 Compel, power to........ 570
Clerks.......................... 426 Compensation............ 570
Clerk's desk.................... 429 Complaint............... 573
Clever.......................... 430 Completion.............. 573
Clive, C., Chairman............. 430 Compton, B., Speaker pro 573
tempore.
Cloakrooms...................... 430 Compton, election case 573
of.
Clopton......................... 430 Compulsory process...... 573
Close debate.................... 430 Concerts................ 574
Coal............................ 431 Concessions............. 574
Coast and Geodetic Survey....... 431 Conclusions............. 574
Coast defences.................. 431 Concur, motion to....... 574
Coast Guard..................... 431 Concurrent action....... 577
Coasting districts.............. 431 Concurrent resolutions.. 578
Cobb, election cases of......... 431 Condemnation............ 580
Cobb, H., Speaker............... 431 Condict, L., Chairman... 580
Co-conspirator.................. 432 Condolence.............. 580
Page Page
------------------------------------------------------------------------
Conduct......................... 580 Contribution............ 692
Confederate soldiers............ 582 Control................. 692
Conferees. See ``Conferences.'' Contumacy of witnesses.
See ``Con-
Conference, party. See tempt.''
``Caucus.''
Conferences..................... 582 Convenience............. 692
Confidential business........... 606 Convention.............. 692
Conflicting credentials. See Conversations........... 693
``Elections
of Representatives.'' Conveyance of title to 693
public lands.
Conflicting precedents.......... 606 Convict labor........... 693
Congress........................ 606 Conviction.............. 693
Congressional Cemetery.......... 622 Convicts................ 693
Congressional Directory......... 622 Cook.................... 694
Congressional Library........... 622 Cooper.................. 694
Congressional Record............ 622 Cooperative............. 694
Conkling........................ 630 Copeland R. S., 694
Presiding Officer.
Connecticut..................... 630 Copies.................. 694
Connell......................... 630 Copyright............... 695
Connor.......................... 630 Corbin.................. 695
Conry........................... 630 Corn borer.............. 695
Consent Calendar................ 630 Cornet.................. 695
Conservation.................... 632 Corporation laws........ 695
Consideration................... 632 Corporations............ 695
Consistency..................... 636 Correction. See also
``Congressional
Conspiracy...................... 637 Record.''
Constitution.................... 637 Corridors............... 696
Constitutional convention....... 645 Corrupt practices in 696
elections.
Constitutional prerogative...... 645 Corrupt trade practices. 698
Constitutional privilege........ 665 Coudrey................. 698
Constitutional right............ 669 Counsel................. 698
Construction of laws, treaties, Count. See also
rules, ``Elections of Rep-
etc........................... 669 resentatives'' and 706
``Electoral count''.
Construction of public works.... 670 Counterfeiting.......... 708
Consular courts................. 672 County.................. 708
Consular service................ 672 County court............ 708
Consultation.................... 672 Coupons................. 708
Contempts....................... 672 Court of Claims......... 709
Contestant. See ``Elections of Court of patent appeals. 709
Repre-
sentatives'' and ``Elections Court, Supreme.......... 709
of
Senators.'' Courts.................. 709
Contestee. See ``Elections of Courts, J. C............ 712
Repre-
sentatives'' and ``Elections Covode.................. 713
of
Senators.''
Contests, election. See Cox, election case of... 713
``Elections of
Representatives'' and Cox, S. S., Speaker pro 713
``Elections tempore.
of Senators.'' Coyle, election case of. 713
Contingent expenses............. 689 Crago, election case of. 713
Contingent fund................. 689 Craig................... 713
Continuance of an impeachment 690 Cramton, L. C., chairman 713
trial.
Continuation of a public work. Crawford, W.H........... 713
See
``Appropriations.'' Credit.................. 713
Contract labor.................. 691 Credit Mobilier......... 714
Contractors..................... 691 Crimes.................. 714
Contracts....................... 691 Criminal charge......... 717
Page Page
------------------------------------------------------------------------
Criminal law.................... 718 Culpeper................ 721
Criminal procedure.............. 718 Cummins, A. B., 721
President pro tempore.
Criminals....................... 718 Cumulative.............. 721
Crisp, C. F., Speaker........... 718 Cunningham.............. 721
Crisp, C. R., Chairman.......... 719 Currency................ 721
Criticism in debate. See Currier, F. D., Chairman 721
``Debate.''.
Cross........................... 719 Curtin.................. 722
Cross-examination in impeachment Curtis, C., Chairman and
Vice Presi-
trials and investigations..... 719 dent.................. 722
Crowe........................... 720 Custody................. 722
Crowley......................... 720 Customs................. 723
Crumpacker, E. D., Chairman..... 720 Customs unions.......... 723
Cuba............................ 721 Cutler.................. 723
Culberson....................... 721 Cutts................... 723
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CABELL.
The Florida election case of Brockenbrough v. Cabell in the Twenty-
ninth Congress. Volume I, section 821.
The Virginia election case of Stovell v. Cabell in the Forty-seventh
Congress. Volume I, section 681.
CABINET OF THE PRESIDENT.
(1) No official place on the floor of the House.
(2) Inquiries of Secretaries.
(3) Reports from.
(4) Investigations of conduct of Secretaries.
(5) In general.
(1) No official Place on the Floor of the House.
The House decided early in its history that the Secretaries of the
President's Cabinet should not be called to give information personally
on the floor of the House. Volume III, section 1880.
The proposition to have the heads of the Executive Departments occupy
seats on the floor and participate in the proceedings. Volume II,
section 1587.
``Heads of Departments,'' meaning members of the President's cabinet,
have the privilege of the floor. Volume VIII, section 3634.
Members of the President's Cabinet appear before committees of the
House and give testimony. Volume III, sections 1881-1883.
While Cabinet officers are frequently summoned to testify before
committees either voluntarily or by subpoena, they are no longer called
to give information on the floor of the House. Volume VI, section 432.
``Heads of Departments, meaning members of the President's Cabinet,
have the privilege of the floor. Volume V, section 7283.
The term ``Heads of Executive Departments'' refers exclusively to
members of the President's Cabinet. Volume VI, section 406.
The Speaker is required to set aside a portion of the west gallery for
the use of the President, members of the Cabinet, Justices of the
Supreme Court, and foreign ministers and suites and their respective
families. Volume V, section 7302.
(2) Inquiries of Secretaries.
The House having asserted its right to direct the heads of the
Executive Departments to furnish information, the Secretary of War
returned an answer to a portion of the inquiry, declining to respond to
the remainder. Volume III, section 1886.
The Senate returned to the Secretary of the Navy an impertinent
document transmitted in response to an inquiry. Volume III, section
1907.
CABINET OF THE PRESIDENT--Continued.
(2) Inquiries of Secretaries--Continued.
The Postmaster-General having responded to an inquiry in a manner
considered disrespectful, the Senate referred the matter to the
President, whereat an explanation was forth-coming. Volume III, section
1906.
A letter from the head of an Executive Department, responding to a
resolution of inquiry, is not printed in full in the Journal, but a
brief summary of its contents is printed. Volume IV, section 2858.
A member of the Cabinet declining on his own responsibility to transmit
data requested by the House was criticized for failure to communicate
such refusal through the President as incompatible with public
interest. Volume VI, section 402.
(3) Reports From.
The Secretary of the Treasury alone, of all the Cabinet, transmits his
report directly to Congress (footnote). Volume V, section 6652.
The Secretary of the Treasury may recommend legislation to Congress,
even when his views have not been requested by either House. Volume V,
section 6652.
Estimates of appropriations must be transmitted to Congress through the
Secretary of the Treasury (footnote). Volume IV, section 3575.
(4) Investigations of Conduct of Secretaries.
Members of the President's Cabinet, whose reputations and conduct have
been assailed on the floor of the House, have sometimes asked for an
investigation. Volume III, sections 1734, 1735.
The House in 1824 investigated, on application of the United states
Minister to Mexico, a controversy on a public matter between him and
the Secretary of the Treasury. Volume III, section 1741.
Vice-President Calhoun asked the House, as the grand inquest of the
nation, to investigate certain charges made against his conduct as
Secretary of War, and the House granted the request. Volume III,
section 1736.
A member of the Cabinet who has been implicated by the terms of a
resolution creating a committee of investigation was permitted to have
witnesses summoned. Volume III, section 1787.
(5) In General.
On request, President Johnson furnished to the House the minutes of a
meeting of the Cabinet. Volume III, section 1888.
While the House in some cases has bestowed praise or censure on the
President or a member of his Cabinet, such action has at other times
been held to be improper. Volume II, sections 1569-1572.
Ceremonies on the occasion of the deaths of members of the President's
Cabinet. Volume V, sections 7196-7200.
Newspaper statements that Cabinet members regard the official acts of a
Member as a nuisance do not present a question of privilege. Volume VI,
section 562.
CABLEGRAMS
The Committee on Accounts reserves the right to limit the franking
privilege on telegrams and declines to authorize the franking of
cablegrams. Volume VI, section 220.
CABLES.
Bills relating to ocean cables have been reported by the Committee on
Interstate and Foreign Commerce. Volume IV, section 4106.
Jurisdiction over legislation providing for regulation of interstate
telegraph and telephone facilities and ocean cables has been given to
the Committee on Interstate and Foreign Commerce. Volume VII, section
1804.
Overruling a former decision,\2\ the construction of a submarine cable
in extension of one already laid was held to be in continuation of a
public work. Volume VII, section 1348.
CADETS.
A bill increasing the number of cadets in the Military Academy should
be considered in Committee of the Whole. Volume IV, section 4850.
CALDWELL.
The Senate election case of Alexander Caldwell, from Kansas, in the
Forty-second Congress. Volume II, section 1279.
CALENDAR DAY
In the contemplation of the rules and special orders of the House a day
is the legislative day and not a calendar day, and the two are not
always the same. Volume IV, section 3192.
Instance wherein the House held two legislative days with the limits of
one calendar day (footnote). Volume V, section 6724.
There must be an adjournment before the legislative day will terminate,
and an adjournment does not take place by reason of the arrival of the
time for the regular daily meeting of the House. Volume V, sections
6738, 6739.
The legislative day continues until terminated by an adjournment,
irrespective of the passage of calendar days. Volume V, sections 6738,
6739.
A session of the House extending, by failure to adjourn, through the
succeeding calendar day, a special order for the legislative day
expected to be held on that calendar day falls as the session is of the
legislative day. Volume IV, section 3192.
When 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. Volume IV, section 3192.
The constitutional adjournment for not ``more than three days'' must
take into the count either the day of adjourning or the day of meeting.
Volume V, sections 6673, 6674.
The phrase ``within 10 days'' in the constitutional provision fixing
the time within which bills shall be returned by the President, refers
not to legislative days but to calendar days. Volume VII, section 1115.
The legislative day and not the calendar day governs in determining the
order of business. Volume VI, section 723.
CALENDAR WEDNESDAY.
(1) Call of committee under the rule.
(2) Consideration of unprivileged bills only.
(3) Question of consideration on.
(4) Consideration in Committee of the Whole on.
(5) Debate under the rule.
(6) Precedence of business on.
(7) Unfinished business.
(8) Not in order on.
(9) Methods of dispensing with.
(1) Call of Committees Under the Rule.
Origin and development of section 7 of Rule XXIV. Volume VII, section
881.
Wednesdays are set apart for the consideration of unprivileged bills on
House and Union Calendars taken up on call of committees. Volume VII,
section 881.
There is no priority as between House or Union Calendars bills on
Wednesday, and the committee called may bring up bills from either
calendar at will. Volume VII, section 938.
On call of committees, a bill may be called up only on authorization of
the committee. Volume VII, section 928.
The order in which bills are called up on Calendar Wednesday is
determined by the committee reporting them. Volume VII, section 963.
In the interpretation of ``Wednesday'' in the Calendar Wednesday rule a
portion of a day is considered one day. Volume VII, section 945.
CALENDAR WEDNESDAY--Continued.
(1) Call of Committees Under the Rule--Continued.
Prior to election of all the committees of the House the call of
committees on Calendar Wednesday includes only those committees which
have been elected. Volume VII, section 925.
In calling the committees, they are called in the order in which they
appear in the rules and not alphabetically. Volume VII, section 922.
On call of committees under the rule, each committee is called twice
before being passed. Volume VII, section 924.
During a call of committees under the rule, a committee may not yield
or exchange its order of rotation. Volume VII, section 927.
A committee declining to proceed with the consideration of a bill when
called on Wednesday, loses its right until again called in regular
order. Volume VII, section 926.
The call of committees under the Calendar Wednesday rule is
differentiated from the call of committees during the regular morning
hour, and each maintains its separate calendar. Volume VII, section
944.
The motion to grant a committee an additional Wednesday under the
Calendar Wednesday rule is in order prior to the Wednesday on which the
committee is called. Volume VII, section 946.
The call of committees having been completed on Wednesday, business
otherwise in order on the day was considered. Volume VII, section 921.
The Calendar Wednesday rule does not apply during the last two weeks of
the session. Volume VII, section 971.
Where the concluding day of the session fell on Wednesday the Speaker
held the second Wednesday preceding that date to be within the two
weeks prescribed by the rule. Volume VII, section 971.
(2) Consideration of Unprivileged Bills Only.
A privileged bill may not be called up for consideration under the rule
on Wednesday. Volume VII, section 932.
A bill privileged under the rules cannot be called up on Calendar
Wednesday. Volume VIII, section 2289.
Bills reported from the District Committee are not so privileged as to
prevent their being taken up under call of committees on Wednesday.
Volume VII, section 937.
The privilege of a bill is not affected by the method by which reported
and delivery of a privileged bill to the Clerk does not thereby destroy
its privilege so as to render it eligible for consideration under call
of committees on Wednesday. Volume VII, section 936.
A bill taken up for consideration under call of committees on Wednesday
does not lose its place on the calendar. Volume VII, section 943.
It is not in order to move to postpone consideration of pending
business to Calendar Wednesday. Volume VIII, section 2614.
The House may by a two-thirds vote extend consideration of a bill to
the next Calendar Wednesday. Volume VIII, section 2680.
(3) Question of Consideration on.
The question of consideration may be demanded against a bill called up
under the rule on Wednesday. Volume VII, section 947.
It is in order on Calendar Wednesday to raise the question of
consideration against a Union. Calendar bill when called up for
consideration in the House and before resolving into the Committee of
the Whole. Volume VIII, section 2446.
The question of consideration is admitted in the Committee of the Whole
on Calendar Wednesday. Volume VIII, section 2444.
The question of consideration is in order in Committee of the Whole on
Wednesday only, but if reported to the House, the recommendation of the
committee is then subject to approval or rejection, and, if rejected,
the House automatically resolves into the committee for further
consideration of the measure. Volume VII, section 951.
CALENDAR WEDNESDAY--Continued.
(3) Question of Consideration on--Continued.
Formerly the question of consideration was raised against a bill on the
Union Calendar in the committee and not in the House. Volume VII,
section 948.
Under the later practice it has been held that the question of
consideration may be raised against a Union Calendar bill in the House
on Calendar Wednesday. Volume VIII, section 2445.
The modern practice is to raise the question of consideration on
Calendar Wednesday in the House, as on other days, and if decided in
the affirmative the House resolves automatically into the Committee of
the Whole. Volume VII, section 952.
The question of consideration may be raised against unfinished business
on the House Calendar in order under the Calendar Wednesday rule.
Volume VIII, section 2447.
(4) Consideration in Committee of the Whole on.
When a bill on the Union Calendar is called up on Calendar Wednesday
the House automatically resolves into the Committee of the Whole House
on the state of the Union without motion from the floor. Volume VII,
section 939.
The question of consideration against a bill being decided in the
affirmative on Calendar Wednesday, the House automatically resolves
into the Committee of the Whole, and no intervening business, as the
motion to adjourn or questions of privilege, are in order. Volume VIII,
section 2446.
A point of order having been sustained against a provision of a bill
called up on Calendar Wednesday, the House automatically resolved into
the Committee of the Whole for consideration of the bill with the
offending clause eliminated. Volume VII, section 2145.
A point of order that a bill called upon Calendar Wednesday from the
House Calendar belongs on the Union Calendar being sustained, the
Speaker transferred the bill to the latter calendar and the House
automatically resolved itself into the Committee of the Whole for its
consideration. Volume VIII, section 2406.
On rejection by the House of a recommendation by Committee of the Whole
for peremptory disposition of a bill under consideration on Calendar
Wednesday, the House automatically resolves into the committee for its
further consideration. Volume VII, section 943.
(5) Debate Under the Rule.
Debate on bills called up on Calendar Wednesday is limited to two
hours, to be divided equally between those for and against the measure.
Volume VII, section 959.
The provision for two hours' debate and equal division of time under
the Calendar Wednesday rule applies to Union Calendar bills only and
not to House bills. Volume VII, section 955.
In recognizing for debate under the Calendar Wednesday rule, preference
is given Members of the committee reporting the bill; if no Member of
the committee claims the time in opposition, the Chair may recognize
any Member for that half of the time. Volume VII, section 959.
While formerly held that time unclaimed in opposition to a bill called
up on Calendar Wednesday could be allotted to Members favoring the
bill, the recent practice is to read the bill for amendment at the
conclusion of the hour in favor of the bill, when no one rises in
opposition. Volume VII, section 960.
A member of the committee calling up a bill on Calendar Wednesday is
entitled to prior recognition to oppose it, but if no Member of the
committee opposes it any Member may be recognized in opposition. Volume
VII, section 958.
The Member calling up a House bill on Calendar Wednesday is recognized
for one hour and may move the previous question, for the purpose of
preventing debate or amendment, at any time. Volume VII, section 955.
The previous question may be ordered on a bill on the House Calendar on
Calendar Wednesday prior to the expiration of debate allotted under the
rule. Volume VIII, section 2680.
CALENDAR WEDNESDAY--Continued.
(5) Debate Under the Rule--Continued.
A bill called up by a committee under the Calendar Wednesday rule may
be withdrawn before amendment. Volume VII, section 930.
The time allotted for debate under the Calendar Wednesday rule may not
be extended in Committee of the Whole even by unanimous consent. Volume
VII, section 959.
(6) Precedence of Business on.
It has been held in order to administer the oath to a Member during a
roll call, in the absence of a quorum, or on Calendar Wednesday. Volume
VI, section 22.
On Wednesday the call of committees has precedence of a motion to
discharge a committee from consideration of a privileged resolution of
inquiry. Volume VII, section 896.
On Wednesdays the call of committees has precedence of a request for
unanimous consent. Volume VII, section 882.
A question of privilege takes precedence of business in order on
Calendar Wednesday. Volume VI, section 394.
A proposition involving a question of privilege supersedes business in
order on Wednesday. Volume VII, section 908.
An exceptional instance wherein the consideration of a veto message
from the President was held to be in order on Wednesday. Volume VII,
section 912.
Reconsideration of a bill returned with the objections of the President
is by constitutional mandate and takes precedence of business in order
on Calendar Wednesday. Volume VII, section 1095.
Under the later practice messages from the President are laid before
the House on Calendar Wednesday by unanimous consent or on motion to
dispense with proceedings in order on that day. Volume VII, section
913.
On a Wednesday on which the call of committees was in order the
entering, but not the consideration, of a motion to reconsider was held
to intervene. Volume VII, section 905.
A resolution to procure testimony in a contested election case is
privileged when reported by a committee on elections, and is in order
on Calendar Wednesday. Volume VIII, section 2276.
(7) Unfinished Business.
A motion made on the preceding Calendar Wednesday is not a motion on
the same day within the purview of the rule forbidding repetition of
certain motions on the same day. Volume VIII, section 2372.
A bill postponed to a certain Wednesday and undisposed of on that day
becomes unfinished business to be considered when the committee calling
it up is again called in its turn. Volume VII, section 970.
When consideration of a bill postponed to a certain Wednesday is
concluded on that Wednesday the remainder of the day is devoted to
business in order under the rule. Volume VII, section 970.
When a bill previously debated is called up for the first time on
Calendar Wednesday, consideration proceeds as if there had been no
previous debate. Volume VII, section 954.
When a Union Calendar bill comes up as the unfinished business on
Calendar Wednesday the House automatically resolves into the Committee
of the Whole and debate is resumed from the point at which it was
discontinued on the previous Wednesday. Volume VII, section 966.
Business pending at adjournment on Wednesday, and on which the previous
question has not been ordered, does not come up on the succeeding
legislative day but goes over to the next Wednesday. Volume VII,
section 965.
A bill undisposed of on the Wednesday allotted to a committee remains
the unfinished business until that committee is again called on
Wednesday in its regular order. Volume VII, section 944.
CALENDAR WEDNESDAY--Continued.
(7) Unfinished Business--Continued.
A bill under consideration on Calendar Wednesday, and on which the
previous question had been ordered but not disposed of at adjournment,
comes up as unfinished business on the next legislative day. Volume
VII, section 967.
When the House adjourns on Wednesday without voting on a proposition on
which the previous question has been ordered the question does not go
over to the following Wednesday but comes up on the next legislative
day. Volume VII, section 895.
When the House adjourns on Tuesday without voting on a proposition on
which the previous question has been ordered, the question does not
come up on Wednesday but on the following Thursday. Volume VII, section
890.
(8) Not in Order on.
The Speaker declines to entertain requests for unanimous consent to
establish special orders for Wednesday. Volume VII, section 888.
A conference report may not be considered on a Wednesday on which the
call of committees is in order. Volume VII, section 899.
A Senate bill privileged because of similarity to a bill on the House
Calendar may not be called up on Wednesday. Volume VII, section 906.
Motions to change the reference of public bills are in order on
Calendar Wednesday. Volume VII, section 2117.
The call of committees takes precedence of a contested-election case
called up on Calendar Wednesday. Volume VII, section 903.
A resolution of inquiry may not be called up on Wednesday. Volume VII,
section 898.
The motion to go into the Committee of the Whole for the consideration
of revenue or appropriation bills is not in order on Wednesday. Volume
VII, section 904.
Propositions relating to impeachment are not in order on Calendar
Wednesday. Volume VII, section 902.
The House decided that a joint resolution relating to the taking of the
census was not in order for consideration on Wednesday. Volume VII,
section 889.
While a bill may be reported for printing on Wednesday, the right to
call up to immediate consideration is not thereby implied. Volume VII,
section 907.
(9) Methods of Dispensing With.
The motion to dispense with business in order on a particular Wednesday
may be made and considered on any preceding day. Volume VII, section
916.
The Speaker is constrained to recognize on Wednesday any Member
proposing a motion to dispense with proceedings in order on that day.
Volume VII, section 915.
In the absence of bills eligible for consideration under call of
committees on Wednesday, a motion to dispense with business in order on
that day is not required. Volume VII, section 918.
A specific method being provided for dispensing with proceedings in
order on Calendar Wednesday, the Chairman of the Committee of the Whole
has declined to entertain requests for unanimous consent to dispense
with minor provisions of the rules. Volume VII, section 964.
On motion to dispense with proceedings in order on Wednesday, debate is
limited to 10 minutes, to be divided not to exceed 5 minutes for and 5
minutes in opposition to the motion. Volume VII, section 917.
No resolution shall be reported by the Committee on Rules to set aside
Calendar Wednesday by a vote of less than two-thirds of the Members
voting. Volume VIII, section 2260.
The Committee on Rules may report orders of procedure subject to two
limitations only: it may not provide for abrogation of the Calendar
Wednesday rule except by two-thirds vote or for denial of the motion to
recommit while the previous question is pending on final passage.
Volume VIII, section 2262.
CALENDAR WEDNESDAY--Continued.
(9) Methods of Dispensing With--Continued.
While the Committee on Rules is forbidden to report special orders
abrogating the Calendar Wednesday rule or excluding the motion to
recommit after ordering of the previous question, a resolution making
possible that ultimate result was on one occasion held in order. Volume
VIII, section 2267.
CALENDARS.
(1) Enumeration and Description of.
(2) Order of considering bills on.--In Committee of the Whole.
(3) Order of considering bills on.--The House Calendar.
(4) Nonprivileged bills on the Union Calendar.
(5) The Private Calendar.
(6) The Discharge Calendar.
(7) The Consent Calendar.
(1) Enumeration and description of.
Bills reported from committees are distributed to three calendars,
there to await action by the House. Volume IV, section 3115.
Description of the House, Union and Private calendars. Volume IV,
section 3115.
Nonprivileged reports are delivered to the Clerk for reference to the
calendars under direction of the Speaker. Volume IV, section 3116.
Adverse reports do not go to the calendars except by direction of a
committee or request of a Member. Volume IV, section 3116.
Unless ordered by the House no bill, resolution, or other proposition
reported by a committee shall be printed unless placed on the Calendar.
Volume V, section 7315.
A mere clerical error in the Calendar does not give rise to a question
of privilege. Volume III, section 2616.
A motion to correct an error in referring a bill to the proper calendar
presents a question of privilege. Volume III, sections 2614, 2615.
A bill improperly reported from a committee is not entitled to its
place on the Calendar. Volume IV, section 3117.
Form and history of section 3 of Rule XIII (the Consent Calendar).
Volume VII, section 972.
The rule authorizing reference to the Calendar of Adverse Reports, on
request, does not apply to privileged resolutions of inquiry. Volume
VI, section 411.
The point of order that a bill is on the wrong calendar may be raised
at any time before consideration begins. Volume VII, section 863.
When a majority of the membership of the House has signed a motion it
is entered on the Journal and referred to the Calendar of Motions to
discharge committees. Volume VII, section 1007.
(2) Order of Considering Bills on, in Committee of the Whole.
Except in cases wherein the rules make specific provision therefor, a
motion is not in order in the House to fix the order in which business
shall be taken up on the calendars of the Committee of the Whole.
Volume IV, section 4733.
Unprivileged business on the calendars of the Committee of the Whole is
taken up in the calendar order or in such order as may be determined in
the committee. Volume IV, section 4729.
The Committee of the Whole may, on motion put and carried, determine an
order for taking up the business on its Calendar. Volume IV, section
4730.
The Committee of the Whole House determines the order in which it will
consider bills on its calendar. Volume VIII, section 2865.
In the Committee of the Whole business on its Calendar is taken up in
regular order unless the committee or the House before resolving into
the committee otherwise determine. Volume VIII, section 2332.
CALENDARS--Continued.
(2) Order of Considering Bills on, in the Committee of the Whole--
Continued.
In Committee of the Whole House unless otherwise ordered by the House
or the committee, bills are taken in their order on the Calendar.
Volume VIII, section 2331.
In considering bills on the Calendar of the Committee of the Whole
House it is in order, on a motion made and carried, to take up a bill
out of its order. Volume IV, sections 4731, 4732.
When the House disagrees to the recommendation of the Committee of the
Whole that the enacting words of a bill be striken out, the bill goes
back to the calendar of the Committee of the Whole as unfinished
business. Volume V, sections 5345, 5346.
The motion to report a bill with a favorable recommendation being
decided in the negative in Committee of the Whole, the bill remains in
its place on the Calendar. Volume IV, sections 4779-4781.
(3) Order of Considering Bills on the House Calendar.
The rule for consideration of bills on the House Calendar on call of
committee. Volume IV, section 3118.
A bill must be actually on the House Calendar, and properly there also,
in order to be considered in the morning hour. Volume IV, sections
3122-3126.
(4) Nonprivileged Bills on the Union Calendar.
Conditions under which motions may be made to go into Committee of the
Whole House on the state of the Union to consider nonprivileged bills.
Volume IV, section 3134.
The motion to go into Committee of the Whole to consider a particular
bill after a call of committees may be amended only by substituting
another bill on the Union Calendar. Volume IV, section 3139.
When by authority of a committee a motion is made to go into Committee
of the Whole House on the state of the Union to consider a particular
bill (not a revenue or appropriation bill), an amendment designating
another bill may be offered by a Member individually. Volume IV,
section 3140.
A bill on the Union Calendar may not be brought up on call of
committees. Volume VI, section 753.
(5) The Private Calendar.
On Saturday of each week it is in order to move to resolve into the
Committee of the Whole House to consider business on the Private
Calendar. Volume VII, section 846.
The objection by three Members when a bill is first called on Private
Calendar Saturday precludes debates thereon and the bill is referred to
the deferred list forthwith. Volume VII, section 849.
Bills on the Private Calendar for three days are called in their order
and considered unless objection is entered or reserved. Volume VII,
section 846.
Interpretation of a special order providing for consideration of Senate
bills on the Private Calendar in the closing days of a session. Volume
VII, section 796.
A Member may not yield time allotted under the rule providing for the
consideration of the Private Calendar. Volume VII, section 848.
A bill providing for inquiry by the Court of Claims without conferring
authority to render final judgment does not require consideration in
the Committee of the Whole. Volume VII, section 870.
When the House resolves into the Committee of the Whole House for the
consideration of bills on the Private Calendar, a bill unfinished at
adjournment on a previous day takes precedence of other bills on the
Private Calendar. Volume VII, section 855.
The motion to go into the Committee of the Whole to consider general
appropriation bills on Friday takes precedence of a motion to go into
the Committee of the Whole to consider the Private Calendar only when
authorized by the committee having jurisdiction. Volume VI, section
721.
The proceedings observed on the first consideration of the Private
Calendar under the new rule. Volume VII, section 847.
CALENDARS--Continued.
(5) The Private Calendar--Continued.
Reports from the Court of Claims do not remain on the Calendar from
Congress to Congress, even when a law seems so to provide. Volume IV,
section 3298.
Under the present practice reports from the Court of Claims under the
Bowman Act, which are also reported by a House committee and sent to
the Private Calendar, do not remain on that calendar during a
succeeding Congress. Volume IV, sections 3299-3302.
(6) The Discharge Calendar.
After the motion has been on the calendar seven days any signer may
call it up for consideration on second or fourth Mondays and the House
proceeds to its consideration; if agreed to, any Member may move the
immediate consideration of the bill which shall remain the unfinished
business until disposed of. Volume VII, section 1007.
After the motion has been on the calendar seven days any signer may
call it up for consideration on second or fourth Mondays and the House
proceeds to its consideration; if agreed to, any Member may move the
immediate consideration of the bill which shall remain the unfinished
business until disposed of. Volume VII, section 1007.
Recognition to call up motions from the Discharge Calendar is granted
in the order in which entered on the calendar. Volume VII, section
1018.
The time required after reference to calendar before motion to
discharge may be presented does not begin to run until committee is
appointed and organized. Volume VII, section 1019.
The requirement that a bill be considered in Committee of the Whole is
not waived by the fact that the standing committee having jurisdiction
has been discharged from consideration, and the bill is not on the
calendar. Volume VII, section 1021.
(7) The Consent Calendar.
Since the establishment of the Consent Calendar the Speaker declines
recognition to submit requests for the consideration of bills by
unanimous consent. Volume VII, section 973.
A bill is on the calendar as soon as referred, although it may not yet
appear on the printed form. Volume VI, section 738.
In order to be called on consent day, a bill must appear on the printed
calendar. Volume VII, section 992.
To be eligible to consideration on the call of the Consent Calendar a
bill must have been on the printed calendar three legislative days.
Volume VII, section 994.
In counting the three days required by the Consent Calendar rule
holidays or days on which the House is not in session are not construed
as legislative days and are not included. Volume VII, section 994.
In counting the three days required under the consent rule, Sunday is
not included. Volume VII, section 995.
The requirement that a bill be three days on the Consent Calendar
before being eligible to consideration does not apply when the bill,
after being objected to, is again placed on the calendar. Volume VII,
section 1003.
One objection prevents consideration when the bill is first called but
when again called it is considered unless three object, in which event
it is stricken from the calendar for the session. Volume VII, section
972.
A Member having reserved the right to object to consideration of a bill
called on the Consent Calendar, any Member may object under the
reservation. Volume VII, section 999.
A bill on the Consent Calendar, ``passed over without prejudice,'' goes
to the foot of the calendar. Volume VII, section 997.
The House has decided that requests to have a bill ``passed over
without prejudice'' may be entertained before debate has begun but not
thereafter. Volume VII, section 996.
A bill passed over without prejudice on a call of the Consent Calendar
requires but one objection when next reached. Volume VII, section 1000.
Objection to consideration of a bill on consent day comes too late
after debate has begun. Volume VII, section 998.
CALENDARS--Continued.
(7) The Consent Calendar--Continued.
The status of bills on the Consent Calendar is not affected by their
consideration from another calendar and such bills may be called up for
consideration from the Consent Calendar while pending as unfinished
business in the House or Committee of the Whole. Volume VII, section
1006.
A bill objected to during consideration of the Consent Calendar, but
retaining its place by unanimous consent, requires three objections
when again called. Volume VII, section 1000.
A bill, the second time stricken from the calendar on the objection of
three Members, may by unanimous consent be permitted to retain its
place on the calendar. Volume VII, section 1001.
While holding unfinished business on which the previous question was
pending at adjournment on the previous day to be of equal privilege,
the Speaker directed the call of the Consent Calendar. Volume VII,
section 990.
Business under consideration on ``consent day'' and undisposed of at
adjournment does not come up as unfinished business on the following
legislative day but goes over to the next day when that class of
business is again in order. Volume VII, section 1005.
The rule providing for the call of the Consent Calendar on the first
and third Mondays does not preclude recognition within the discretion
of the Speaker for a motion to suspend the rules, and such motion is in
order before the calendar is called or at any time before the call is
completed. Volume VIII, section 3405.
Under the former rule recognition to suspend the rules on consent day
does not preclude the call of the calendar later in the day. Volume
VII, section 991.
Consideration of a bill on the Consent Calendar having been agreed to,
a Senate bill of similar tenor may, by unanimous consent, be taken from
the committee to which referred and considered in lieu thereof. Volume
VII, section 1004.
The call of the Consent Calendar on days devoted to its consideration
by the rules takes precedence of the motion to go into Committee of the
Whole to consider revenue or appropriation bills. Volume VII, section
986.
The rule establishing the Consent Calendar relates to legislative
propositions only, and does not apply to matters of routine and
convenience purely formal in nature. Volume VII, section 980.
The Speaker declines to submit requests for unanimous consent to
address the House on Mondays reserved for the call of the Consent
Calendar. Volume VII, section 978.
A contested-election case may not supplant the call of the Consent
Calendar. Volume VII, section 988.
On Consent Calendar days the Speaker recognizes for the transaction of
business by unanimous consent only in cases of emergency. Volume VII,
section 979.
CALHOUN, JOHN C., of South Carolina, Vice-President.
Decisions on questions of order relating to--
Adjournment of an impeachment trial. Volume III, section 2383.
Amendments. Volume V, section 5773.
Ballot. Volume V, section 6006.
Joint committees. Volume IV, section 4411.
Relevancy in debate. Volume V, section 5102.
Testimony in an impeachment trial. Volume III, section 2205.
Vote as Vice President. Volume V, section 5973.
Vice-President Calhoun asked the House, as the grand inquest of the
nation, to investigate certain charges made against his conduct as
Secretary of War, and the House granted the request. Volume III,
section 1736.
In investigating charges of an impeachable offense the committee
permitted the accused to be represented by counsel and have process to
compel testimony. Volume III, section 1736.
CALIFORNIA.
Election cases from:
Thirty-first Congress.--Gilbert v. Wright. Volume I, section 520.
Thirty-seventh Congress.--F.F. Lowe. Volume I, section 314.
Forty-fifth Congress.--Wiggington v. Pacheco. Volume II, sections 927-
930.
Forty-ninth Congress.--California Members. Volume I, section 645.
Fiftieth Congress.--Lynch v. Vandever. Volume II, section 1012.
Fiftieth Congress.--Sullivan v. Felton. Volume II, sections 1016,
1017.
Fifty-third Congress.--English v. Hilborn. Volume II, section 1050.
Fifty-eighth Congress.--Kahn v. Livernash. Volume I, section 731.
CALIFORNIA DEBRIS.
The subject of mining debris in California has been within the
jurisdiction of the Committee on Mines and Mining. Volume IV, section
4230.
CALL.
(1) Of respondent in an impeachment trial.
(2) Of elections.
(1) Of Respondent in an Impeachment Trial.
Ceremonies at the calling of Judge Pickering to answer the articles of
impeachment. Volume III, section 2332.
Form used by the Sergeant-at-Arms in calling President Johnson to
appear and answer the articles of impeachment. Volume III, section
2424.
(2) Of Elections.
Votes cast on a legal election day were held valid by the House,
although the State official had withdrawn his proclamation calling the
election for that day. Volume I, section 524.
The House seated a loyal claimant voted for at an election called on
the legal day, but by the governor of a State in secession. Volume I,
section 365.
CALL, ELECTION CASE OF.
The Senate election case of Davidson v. Call, from Florida, in the
Fifty-second Congress. Volume II, section 1060.
CALL OF COMMITTEE. See also ``Calendar Wednesday.''
(1) Rule and practice.
(2) Interruption of.
(1) Rule and Practice.
The rule for consideration of bills on the House Calendar on call of
committees. Volume IV, section 3118.
On a call of committees under section 4 or section 7 of Rule XXIV,
committees are called seriatim in the order in which they appear in
Rule X and not alphabetically. Volume VI, section 751.
The call of committees in the morning hour does not necessarily end in
sixty minutes. Volume IV, section 3119.
On the call of committees each bill must be called on authorization of
the committee, but in case of dispute as to the authorization the
Speaker can not decide as to the fact. Volume IV, section 3127.
On call of committees, a bill may be called up only on authorization of
the committee. VII, section 928.
Authority having been given one Member to call up a bill, another may
not be recognized for that purpose if objection is made. VII, section
928.
The Speaker may, upon statements from the chairman and other Members of
a committee, rule that the calling up of a bill has been authorized by
a committee. Volume IV, section 3128.
A bill must be actually on the House Calendar, and properly there also,
in order to be considered in the morning hour. Volume IV, sections
3122-3126.
CALL OF COMMITTEES--Continued.
(1) Rule and Practice--Continued.
A bill on the Union Calendar may not be brought up on call of
committees. Volume VI, section 753.
A bill once brought up on call of committees continues before the House
in that order of business until finally disposed of. Volume IV, section
3120.
A bill called up in the morning hour may not be made a special order by
a motion to postpone to a day certain. Volume IV, section 3164.
A bill taken up during the call of committees may be withdrawn by the
committee at any time before amendment or other action which puts it
into possession of the House. Volume IV, section 3129.
The House having completed the order of business and not being ready to
adjourn the Speaker directed the call of committees to be resumed.
Volume IV, section 3133.
Interpretation of the rule of the call of committees in the form
existing prior to 1890. Volume IV, section 3121.
(2) Interruption of.
When a committee is called during a call of committees, it is not in
order to rise for any purpose other than to call up a bill for
consideration. Volume VI, section 754.
The Speaker has declined to allow the call of committees to be
interrupted by a request for unanimous consent. Volume IV, section
3132.
The Speaker has declined to allow the call of committees to be
interrupted by a privileged report. Volume IV, section 3132.
The rule for interrupting a call of committees at the end of sixty
minutes. Volume IV, section 3134.
The motion to go into Committee of the Whole House on the state of the
Union may be made after sixty minutes of morning hour, or sooner if
that order fails. Volume IV, section 3135.
It is not in order, before the expiration of sixty minutes of the call
of committees, to move to go into Committee of the Whole House on the
state of the Union to consider a bill that is not privileged. Volume
IV, section 3141.
The call of committees may be interrupted at the end of sixty minutes
by a privileged report as well as by a motion to go into Committee of
the Whole. Volume IV, sections 3131, 3132.
An instance wherein the House, by recess, remained for two calendar
days at the stage of business wherein the motion under Rule XXIV,
section 5, was in order. Volume IV, section 3135.
CALL OF STATES.
Origin of the order for the former call of States for petitions. Volume
IV, section 3313.
CALL OF THE HOUSE.
(1) Constitutional power to compel attendance.
(2) The two methods of ordering.
(3) The call of the roll.
(4) Revoking leaves of absence.
(5) Excuses of absent Members.
(6) Arrest of absent Members.--The two rules.
(7) Arrest of absent Members.--Issue of warrant.
(8) Arrest of absent Members.--General procedure.
(9) Arrest of absent Members.--Continuing orders.
(10) Dispensing with proceedings under the call.
(11) Motions in order during.
(12) Motions not in order during.
(13) Questions of privilege during.
CALL OF THE HOUSE--Continued.
(14) Messages and conference reports during.
(15) Yeas and nays during.
(16) As intervening business to justify repetition of a motion.
(17) As related to suspension of the rules.
(1) Constitutional Power to Compel Attendance.
A smaller number than a quorum may adjourn from day to day and compel
the attendance of absent Members. Volume IV, section 2980.
The constitutional power to the House to compel the attendance of
absent Members is not confined to cases wherein there is a lack of a
quorum. Volume IV, sections 2985-2987.
A call of the House is in order, both under the general parliamentary
law and the Constitution. Volume IV, section 2981.
There may be a call of the House with a Speaker pro tempore in the
Chair. Volume IV, section 2989.
Reference to proceedings in the Senate to compel attendance of
absentees (footnote). Volume IV, section 2980.
Instance of a call for a quorum in the Senate sitting for an
impeachment trial. Volume III, sections 2105-2107.
(2) The Two Methods of Ordering.
Interpretation and discussion of the rule providing for an automatic
call of the House on the failure of a quorum to vote. Volume VI,
section 703.
Form and history of section 4 of Rule XV. Volume VI, section 690.
The old rule providing for a call of the House. Volume IV, section
2982.
Under the rule of the House a call of the House may not be ordered by
less than fifteen Members. Volume IV, section 2983.
The call of the House must be ordered by a majority vote, and may not
be ordered by a minority of fifteen or more. Volume IV, section 2984.
A motion for a call of the House is not debatable. Volume VI, section
683.
The rule whereby a quorum is obtained and the vote taken on the pending
proposition by one roll call. Volume IV, section 3041. Volume VI,
section 690.
The rule providing an automatic roll call on the failure of a quorum to
vote applies to votes by yeas and nays as well as to those taken by
tellers, division, or viva voce, but not on motions incidental to lack
of a quorum. Volume VI, section 703.
If a quorum fails to vote on the pending question and objection is
made, an automatic roll call is still required after a motion to
adjourn has been offered and rejected by a quorum vote. Volume VI,
section 701.
The new rule for a call of the House applies only to cases where a
quorum is required on the vote, and hence not to motions to adjourn.
Volume IV, section 3042.
While a quorum is not required to adjourn, a point of no quorum on a
negative vote on adjournment, if sustained, precipitates a call of the
House under the rule. Volume VI, section 700.
In order to invoke the rule for an automatic call of the House, the
absence of a quorum must be demonstrated. Volume VI, section 695.
A call of the House, ordered when no question is pending, is taken in
the old form. Volume IV, section 2990.
A call of the House is not in order after the previous question is
ordered unless it appears on an actual count by the Speaker that a
quorum is not present. Volume V, section 5447.
Lack of a quorum developing while a demand for the yeas and nays was
pending, the demand for yeas and nays is disregarded and the vote is
taken under the rule. Volume VI, section 696.
CALL OF THE HOUSE--Continued.
(2) The Two Methods of Ordering--Continued.
When a quorum fails on a yea-and-nay vote the call of the House is
automatic under the rule, and the Speaker directs the roll to be called
without motion from the floor. Volume VI, section 678.
When a vote by yeas and nays shows no quorum the Chair takes cognizance
of the fact, and, unless the House adjourns, orders a call under the
rule without suggestion from the floor. Volume VI, section 679.
The rule providing for an automatic call of the House does not apply
unless the House is dividing and, if the point of no quorum is made
before the question is put, may not be invoked. Volume VI, section 692.
When lack of a quorum develops while the House is dividing, the call of
the House is automatic under the rule and no motion is required. Volume
VI, section 691.
A roll call recurs under the rule on failure of a quorum on a viva voce
vote. Volume VI, section 697.
On the failure of a quorum no business is in order and no motion will
be entertained except for a call of the House or to adjourn. Volume VI,
section 680.
A quorum has not failed to vote until both the yeas and nays have been
taken, and a call of the House is not ordered until this stage is
reached. Volume VI, section 694.
The Speaker may, without suggestion from the floor, take note of the
failure of a quorum to vote on the pending question, and on his own
initiative direct a call of the House under the rule. Volume VI,
section 699.
Motions incidental to a call of the House are not debatable. Volume VI,
section 688.
(3) The Call of the Roll.
On a roll call for a vote or a call of the House the names of the
Members are called alphabetically by surname. Volume V, section 6046.
There is no rule or practice requiring a recapitulation of the names of
those who appear on a call of the House after their names have been
called. Volume IV, section 2993.
As to the propriety of calling the roll a second time during a call of
the House to ascertain who have absented themselves since the first
call. Volume IV, section 3012.
Under the new rule for a call of the House the roll is called over
twice, and those appearing after their names are called may vote.
Volume IV, section 3052.
During proceedings under a call of the House the roll call may be
repeated on order of those present. Volume IV, section 2991.
On a call of the House the roll call may not be interrupted by a motion
to dispense with further proceedings under the call. Volume IV, section
2992.
The Speaker orders the doors closed only when a call of the House is in
progress. Volume VI, section 703.
The Senate Journal has shown the number of Senators answering to a call
of the Senate, but not the names. Volume IV, section 2833.
(4) Revoking Leaves of Absence.
A resolution revoking leaves of absence, being a proceeding to compel
the attendance of absent Members, does not require a quorum for its
adoption. Volume IV, sections 3003, 3004.
A resolution revoking leaves of absence and directing the Sergeant-at-
Arms to telegraph for absent Members is in order pending a call of the
House, although a quorum may have been disclosed. Volume IV, section
3005.
A resolution revoking leaves of absence, directing absentees to attend,
and dispensing with proceedings under an existing call was held to have
precedence of a simple motion to dispense with the call. Volume IV,
section 3006.
(5) Excuses of Absent Members.
During a call of the House less than a quorum may excuse a Member from
attendance. Volume IV, sections 3000, 3001.
CALL OF THE HOUSE--Continued.
(5) Excuses of Absent Members--Continued.
While less than a quorum may excuse a Member from attendance at the
time they may not grant a leave of absence. Volume IV, section 3002.
Under the old rule for a call of the House motions to excuse Members
are in order while the roll is being called for excuses. Volume IV,
section 2997.
While the names of absentees are being called for excuses on a call of
the House, neither a motion to excuse nor an incidental appeal is
debatable. Volume IV, section 2999.
After the roll has been called for excused and the House has ordered
the arrest of those who are unexcused, a motion to excuse an absentee
is in order when he is brought to the bar. Volume IV, section 3012.
After the roll has been called under the new rule for a call of the
House, and while the proceedings to obtain a quorum are going on,
motions to excuse Members are in order. Volume IV, section 3051.
The former practice of presenting Members at the bar during a call of
the House is obsolete, and Members now reports to the Clerk and are
recorded without being formally excused unless brought in under
compulsion. Volume VI, section 684.
(6) Arrest of Absent Members.--The Two Rules.
In the absence of a quorum fifteen Members, including the Speaker, if
there be one, are authorized to compel the attendance of absent
Members. Volume IV, section 2982.
It is always in order, the failure of a quorum being shown, to proceed
to secure the attendance of absent Members. Volume IV, section 2988.
Form of resolution for directing the Sergeant-at-Arms to arrest absent
Members (footnote). Volume IV, section 3018.
Form of resolution for the arrest of Members absent without leave.
Volume VI, section 686.
The process of arresting absent Members under a call of the House.
Volume VI, section 690.
Instance wherein the House ordered the arrest of absentees during
proceedings to secure a quorum. Volume VI, section 686.
Under the old rule for a call of the House an order of arrest for
absent Members may be made after a single calling of the roll. Volume
IV, sections 3015, 3016.
The process of arresting absent Members under the new rule for a call
of the House. Volume IV, section 3041.
Proceedings of arrest of Members and arraignment at the bar, under
section 4 of Rule XV, for securing attendance of a quorum. Volume IV,
section 3044.
A proposition of arrest Members absent without leave is in order during
proceedings to secure a quorum. Volume VI, section 685.
On a call of the House under the new rule the Sergeant-at-Arms is
required to detain those Members who are present and bring in
absentees. Volume IV, sections 3045-3048.
Under the new rule for a call of the House a resolution of the House is
not required to empower the Sergeant-at-Arms to bring in absentees.
Volume IV, section 3049.
A resolution authorizing the Sergeant at Arms to arrest absentees is
not debatable. Volume VI, section 686.
(7) Arrest of Absent Members.--Issue of Warrant.
Form of warrant for the arrest of absent Members under the old rule for
a call of the House (footnote). Volume IV, section 2982.
Form of warrant issued under the new rule for a call of the House
(footnote). Volume IV, section 3041.
Discussion of the authority of the Speaker to issue a warrant for the
arrest of absent Members during a call of the House. Volume IV, section
3043.
Under the rule for a call of the House, the Speaker issues warrants for
arrest of absentees without further authorization from the House.
Volume VI, section 702.
The lack of a quorum being disclosed, in the absence of any motion the
Speaker will issue warrants to bring in absent Members. Volume VI,
section 680.
CALL OF THE HOUSE--Continued.
(7) Arrest of Absent Members.--Issue of Warrant--Continued.
Under a call of the House warrants for the arrest of Members may be
issued by the Speaker pro tempore. Volume VI, section 688.
A motion directing the Speaker to issue his warrant for the arrest of
absent Members being pending, a motion to dispense with further
proceedings under the call was ruled out. Volume IV, section 3036.
The House having agreed to a motion directing the issuance of a warrant
for arrest of absentees during proceedings to secure a quorum, the
Speaker disregarded the direction and declined to sign the warrant.
Volume VI, section 681.
(8) Arrest of Absent Members.--General Procedure.
Leave for a committee to sit during sessions of the House does not
release its Members from liability to arrest during a call of the
House. Volume IV, section 3020.
On a call of the House the Sergeant-at-Arms is required to execute an
order to arrest wherever the Members referred to may be found. Volume
IV, section 3017.
Form of resolution for directing the Sergeant at Arms to arrest absent
Members. Volume VI, section 684.
A proposition to arrest Members who absent themselves after answering
on a call of the House is in order during continuance of the call.
Volume IV, section 3018.
A Member who appears and answers during a call of the House is not
subject to arrest for absence. Volume IV, section 3019.
A Member complaining that he had been wrongfully arrested during a call
of the House, the House ordered the Sergeant-at-Arms to investigate and
amend the return of his writ. Volume IV, section 3021.
A Member having escaped from arrest during a call of the House it was
held that he might not be brought back on the same warrant. Volume IV,
section 3022.
A Member under arrest for absence may not, when called on for an
excuse, question the authority of the House. Volume IV, section 3023.
For permitting a Member under arrest to escape, the Doorkeeper was
arraigned at the bar of the House. Volume I, section 291.
The Sergeant-at-Arms having made no report of his execution of an order
of arrest and no excessive delay appearing, a motion summoning him to
report was held not to be of privilege. Volume III, section 2618.
Those present on a call of the House may prescribe a fine as the
condition of which an arrested Member may be discharged. Volume IV,
sections 3013, 3014.
Instance wherein Members in custody on a call of the House were
discharged on payment of fees. Volume IV, section 3025.
In the absence of the Sergeant at Arms, the duties of his office are
discharged by sworn deputies, and the Speaker issues directions as if
he were present in person. Volume VI, section 679.
Instance wherein the House designated a minority employee as Assistant
Sergeant at Arms. Volume VI, section 681.
(9) Arrest of Absent Members.--Continuing Orders.
Less than a quorum may not order the arraignment of absent Members at a
future meeting of the House. Volume IV, sections 3032-3035.
A quorum appearing on a call, the House sometimes orders absent Members
to be arraigned on the succeeding day. Volume IV, sections 3030, 3031.
Under proceedings of a call of the House, and sometimes by less than a
quorum, the House has made an order of arrest which continued beyond
that day's session. Volume IV, sections 3025-3029.
During a call, but after the appearance of a quorum, penalties were
once imposed which contemplated the future appearance of absent Members
at the bar. Volume IV, section 3024.
CALL OF THE HOUSE--Continued.
(9) Arrest of Absent Members.--Continuing Orders--Continued.
Instance wherein the Sergeant-at-Arms reported at the bar of the House
his proceedings under a continuing order of arrest. Volume IV, section
3017.
A question as to the constitutionality and propriety of a continuing
order of arrest was held not to supersede a motion to discharge the
Sergeant-at-Arms from further execution of the order. Volume III,
section 2617.
(10) Dispensing With Proceedings Under the Call.
A quorum is not required on a motion to dispense with further
proceedings under a call of the House. Volume IV, section 3038.
A call of the House ordered under the old rule may be dispensed with on
the appearance of a quorum, although actual proceedings may not have
begun. Volume IV, section 3040.
The motion to dispense with proceedings under a call is in order,
although Members under arrest may not have had opportunity to make
excuses. Volume IV, section 3039.
A motion to dispense with proceedings under a call of the House is not
in order pending a motion that the Sergeant-at-Arms take into custody
absent Members. Volume IV, section 3029.
A motion to dispense with proceedings under the call having been once
entertained, was ruled not to be in order again pending a motion for
the arrest of absent Members. Volume IV, section 3037.
A motion to dispense with further proceedings under a call of the House
was not entertained in the absence of a quorum. Volume VI, section 689.
On discovery of error in announcing the presence of a quorum on a call
of the House, a motion to dispense with further proceedings under the
call was vacated by unanimous consent and the call resumed. Volume VI,
section 713.
(11) Motions in Order During.
A quorum is not required on motions incidental to a call of the House.
Volume IV, sections 2994, 3029.
A quorum not being present, no motion is in order but for a call of the
House or to adjourn. Volume IV, sections 2950, 2988.
A motion to require the Sergeant at Arms to report at the bar of the
House on progress in securing a quorum is in order during a call of the
House. Volume VI, section 687.
The absence of a quorum having been disclosed the only proceedings in
order are the motions to adjourn or for a call of the House, and not
even by unanimous consent may business proceed. Volume IV, section
2951.
On votes incident to a call of the House the motion to reconsider may
be entertained and laid on the table, although a quorum may not be
present. Volume V, sections 5607, 5608.
During a call of the House a motion to adjourn is seconded by a
majority ascertained ``by actual count by the speaker,'' and tellers
may not be demanded. Volume VI, section 705.
Less than a quorum may order the previous question on a motion incident
to a call of the House. Volume V, section 5458.
An appeal from a decision of the Chair may be entertained during the
proceedings to secure the attendance of a quorum. Volume IV, section
3037.
An appeal from the decision of the Chair is in order during a call of
the House. Volume VI, section 681.
An appeal from a decision of the Chair is in order during a call of the
House. Volume IV, section 3010.
Under the old rule for a call of the House a motion to adjourn is in
order in the midst of a call of the roll for excuses. Volume IV,
section 2998.
A motion to adjourn may be made before the call of the roll under
section 4 of Rule XV. Volume IV, section 3050.
CALL OF THE HOUSE--Continued.
(11) Motions in Order During--Continued.
A motion directing the Speaker to issue warrant for arrest of absentees
may be entertained during proceedings to secure the attendance of a
quorum. Volume VI, section 681.
With the exception of the motion to adjourn, no motion is in order in
the absence of a quorum except in furtherance of the effort to secure a
quorum, and since a motion to withhold pay of absentees would not
contribute to this result, such motion can not be entertained. Volume
VI, section 682.
(12) Motions Not in Order During.
A motion for a recess is not in order during a call of the House.
Volume IV, sections 2995, 2996.
On a motion for a call of the House a motion to excuse a Member from
voting was held not in order, although the rule at that time permitted
the motion generally. Volume IV, section 3007.
During proceedings to secure a quorum the Chair ruled out of order a
motion to reconsider the vote whereby an appeal had been laid on the
table. Volume IV, section 3037. Volume V, section 5631.
A quorum not being present a resolution directing the enforcement of
the statute relating to deductions from the pay of Members is not in
order as a measure to compel the attendance of absentees. Volume IV,
section 3011.
During a call of the House a resolution construing the rule relating to
the call or making a new rule is not in order. Volume IV, section 3008.
Less than a quorum engaged in a call of the House to compel attendance
of absentees may not order the record of any of the procedure to be
omitted from the Journal. Volume IV, section 3009.
The Speaker during the period when the rules made in order a motion to
excuse a Member from voting, held the motion dilatory when applied to
votes on adjourning or for a call of the House, since it might be used
to prevent adjourning on the procuring of a quorum. Volume V, sections
5709-5712.
(13) Questions of Privilege During.
During a call of the House when a quorum is not present a question of
privilege may not be presented unless it be something connected
immediately with the proceedings. Volume III, section 2545.
(14) Messages and Conference Reports During.
An opinion that a message may be received during a call of the House.
Volume V, section 6600.
A conference report may be presented during a call of the House if a
quorum be present. Volume V, section 6456.
(15) Yeas and Nays During.
The yeas and nays may be ordered during a call of the House. Volume IV,
section 3010.
During proceedings to secure a quorum, it was held that the yeas and
nays might not be demanded on a motion to lay on the table a motion to
reconsider the vote whereby the yeas and nays were ordered. Volume V,
section 6037.
(16) As Intervening Business to Justify Repetition of a Motion.
The motion to lay a bill on the table having been decided in the
negative, it was not admitted again on the same day after a call of the
House, no actual proceedings on the bill having intervened. Volume V,
section 5401.
(17) As Related to Suspension of the Rules.
There being no doubt of the presence of a quorum, a motion for a call
of the House was held to be such dilatory motion as the rule forbids
pending consideration of a motion to suspend the rules. Volume V,
section 5747.
On seconding by tellers a motion to suspend the rules a quorum failed,
whereupon the Speaker ordered the doors closed and the roll called.
Volume IV, sections 3053-3055.
CALL TO ORDER.
(1) Taking down disorderly words.
(2) Member permitted to explain or proceed.
(3) In general.
(1) Taking Down Disorderly Words.
If any Member in speaking or otherwise transgress the rules of the
House, it is the duty of the Speaker and the privilege of any Member to
call him to order, and he may be punished by censure or otherwise.
Volume V, section 5175.
When a Member is called to order for words spoken in debate, the words
are to be taken down at once, and he shall not be held to answer or be
subject to censure if debate or business intervene. Volume V, section
5177.
When a Member is called to order for words spoken in debate in
Committee of the Whole the Chairman is without discretion and is
constrained to recognize for that purpose. Volume VIII, section 2532.
A Member persisting in irrelevant debate in Committee of the Whole
House on the state of the Union after being called to order by the
Chairman was required to relinquish the floor. Volume VIII, section
2594.
The demand that disorderly words be taken down must be made at once
before debate intervenes. Volume V, section 5178.
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. Volume V, section
5202.
(2) Member Permitted to Explain or Proceed.
A Member called to order shall immediately sit down unless the House on
motion, but without debate, shall permit him to explain or proceed in
order. Volume V, section 5175.
A Member called to order in debate must take his seat, although he may
be permitted by the House to proceed in order or explain even after his
words have been taken down. Volume V, sections 5181-5184.
A Member called to order in debate must take his seat. Volume VIII,
section 2528.
A Member called to order in debate was required to resume his seat
until permitted by the House to proceed in order. Volume VIII, section
2534.
Members called to order on account of words spoken in debate may not
remain standing but are required to be actually seated. Volume VIII,
section 2538.
A Member called to order for words spoken in debate is required to take
his seat and may not proceed unless permitted to do so on motion.
Volume VIII, section 2540.
A Member called to order in debate was required to be seated. Volume
VIII, section 2542.
Words spoken being held out of order, and the House having permitted
the Member to explain, it is then in order to move that he be permitted
to proceed. Volume V, sections 5185, 5186.
A Member called to order in debate must take his seat and may not
proceed unless permitted by the House on motion, but such disability
does not extend beyond consideration of the point immediately under
discussion, and a Member so called to order was permitted to demand the
yeas and nays on the question under consideration at the time he was
required to be seated. Volume VIII, section 2546.
While a Member called to order for words spoken in debate is required
to relinquish the floor he may not be deprived of his constitutional
right to demand a quorum. Volume VIII, section 2547.
When a Member is called to order for violation of the rules of debate
it is the practice to test the opinion of the House by a motion ``that
the gentlemen be allowed to proceed in order.'' Volume V, section 5589.
The words of a Member having been taken down and the Speaker having
decided that they were not in order, it was held that a motion that the
Member be permitted to explain had precedence of a motion that he be
permitted to proceed in order. Volume V, section 5187.
CALL TO ORDER--Continued.
(2) Member Permitted to Explain or Proceed--Continued.
An instance in which Members called to order for words spoken in debate
apologized and were thereupon excused without further action on the
part of the House. Volume VIII, section 2530.
Although debate on a question of order is within control of the
Speaker, yet he puts to the House the question whether a Member called
to order during such debate shall ``be allowed to proceed in order.''
Volume V, section 5190.
A Member called to order and allowed to proceed must confine himself
within the rules governing debate. Volume VIII, section 2534.
(3) In General.
Reference to an early criticism of the rules as too strict in relation
to freedom of debate (footnote). Volume V, section 5043.
Discussion of the importance of suppressing debate casting reflections
on the other House or its Members. Volume V, section 5129.
After examination by a committee of speech reflecting on the character
of the Senate was ordered to be stricken from the Record. Volume V,
section 5129.
CAMERON, CENSURE OF.
The House expunged from the Journals of a preceding Congress its
censure of Simon Cameron. Volume IV, section 2792.
CAMERON, ELECTION CASE OF.
The Senate election case relating to Simon Cameron, from Pennsylvania,
in the Thirty-fourth Congress. Volume I, section 688.
CAMPAIGN EXPENDITURES.
The amount of money which may be expended by a candidate for Congress
in his campaign for election is limited by law. Volume VI, section 67.
The power of Congress to enact legislation relative to campaign
receipts and expenditures in primary and general elections affirmed.
Volume VI, section 70.
The House unseated returned Member for whom campaign expenditures had
been made in excess of amount permitted under the corrupt practices
act. Volume VI, section 75.
Although sitting Member disclaimed knowledge of campaign expenditures
in his behalf the House held he must be presumed to have had
constructive knowledge of such expenditures. Volume VI, section 75.
Under instructions from the Senate to investigate and report whether
corrupt methods were employed in election of a Senator, the committee
investigated expenditures in the primary campaign. Volume VI, section
83.
Discussion of effect upon election of Senator of corrupt practices in
the primary, and as to whether practice of corrupt methods in primary
campaign warrant invalidation of election. Volume VI, section 85.
As instance wherein, under exceptional circumstances, a committee
authorized to investigate matters pertaining to a campaign then in
progress held hearings prior to the election. Volume VI, section 355.
In 1931 a committee of the Senate investigated campaign contributions
and expenditures with special reference to violations of the Federal
corrupt practices act involving false statements of campaign
expenditures and the fraudulent conversion of campaign funds to private
uses. Volume VI, section 353.
Unfair campaign tactics directed at one candidate may not be taken as
the basis of a contest in behalf of another candidate on the same
ticket. Volume VI, section 154.
Newspaper charges that a Member had used departmental employees while
in the service of the Government in a political campaign were held to
reflect on him in his representative capacity. Volume VI, section 615.
Contributions to party campaign committees held not to constitute
bribery. Volume VI, section 84.
CAMPAIGN EXPENDITURES--Continued.
The Committee on Election of President, Vice President, and
Representatives in Congress has reported legislative propositions
relating to publicity of campaign contributions made for the purpose of
influencing elections. Volume VII, section 2024.
CAMPBELL, ELECTION CASES OF.
The Ohio case of Vallandigham v. Campbell in the thirty-fifth Congress.
Volume I, sections 726, 835.
The Utah election case of Campbell v. Cannon in the Forty-seventh
Congress. Volume I, sections 471-473.
The Ohio election case of Campbell v. Morey in the Forty-eighth
Congress. Volume II, sections 991, 992.
The New York election case of Campbell v. Miner in the Fifty-fourth
Congress. Volume II, section 1063.
The Iowa election case of Campbell v. Weaver in the Forty-ninth
Congress. Volume II, section 1002.
The North Carolina election case of Campbell v. Doughton in the Sixty-
seventh Congress. Volume VI, section 154.
CAMPBELL, PHILIP P., of Kansas, Chairman.
Decisions of questions of order relating to--
Amendments. Volume VIII, sections 2827, 2875, 2885.
Appropriations. Volume VII, sections 1260, 1293, 1298, 1451, 1468,
1495, 1512, 1656, 1683, 1689, 1992, 2135.
Committee. Volume VIII, section 2210.
Committee of the Whole. Volume IV, sections 4772, 4781. Volume VII,
sections 786, 939.
Debate. Volume VIII, sections 2546, 2570, 2598.
Enacting clause, strike out. Volume VIII, section 2622.
Germaneness. Volume VII, sections 856, 1372. Volume VIII section 3021.
Jurisdiction of committees. Volume IV, section 4389.
Leave to print. Volume VIII, section 3489.
Point of order. Volume V, section 6916.
Private bills. Volume VII, section 857.
Privilege after disagreement. Volume VI, section 756.
Quorum. Volume VIII, section 2808.
Recommit. Volume VIII, section 2725.
Speaker, resolution of sympathy to. Volume VIII, section 3513.
CAMPBELL, THOMAS J., Clerk.
Decisions on questions of order relating to--
Questions of order. Volume I, section 70.
Yeas and nays. Volume V, section 6013.
CANALS.
The rule gives to the Committee on Railways and Canals jurisdiction of
subjects relating ``to railways and canals, other than Pacific
railroads'' Volume IV, section 4217.
The Committee on Railways and Canals has retained a general
jurisdiction of the subject of canals, but has lost its jurisdiction as
to railways. Volume IV, section 4218.
The subject of a canal between the Atlantic and Pacific and to a
limited extent the general subject of canals in the United States have
been considered by the Committee on Interstate and Foreign Commerce.
Volume IV, section 4103.
The Committee on Interstate and Foreign Commerce has exercised
jurisdiction of legislation relating to canals. Volume VII, section
1806.
CANALS--Continued.
Construction of the Panama Canal and government of the Canal Zone,
subjects formerly within the jurisdiction of the Committee on
Interstate and Foreign Commerce, are now referred to the Committee on
Merchant Marine and Fisheries. Volume VII, section 1807.
A bill granting easements across Government land and under a Government
canal was reported by the Committee on Interstate and Foreign Commerce.
Volume VII, section 1813.
Preliminary jurisdiction of the Committee on Foreign Affairs as to the
canal between the Atlantic and Pacific oceans. Volume IV, section 4176.
The subject of canals is not within the jurisdiction of the Committee
on Rivers and Harbors. Volume IV, section 4220.
Subjects relating to canals and their improvements are not within the
jurisdiction of the Committee on Rivers and Harbors. Volume VIII,
section 2287.
The privilege of the Committee on Rivers and Harbors to report at any
time is confined to legislative propositions for the improvement of
rivers and harbors and does not extend to provisions for the
improvement of canals or artificial waterways. Volume VIII, section
2287.
The Committee on Rivers and Harbors does not have jurisdiction of the
subject of canals and may not include provisions therefor in the river
and harbor appropriation bill. Volume IV, section 4219.
Treaty stipulations providing for protection of the Panama Canal and
enactments in conformity therewith were held to authorize
appropriations for canal fortifications. Volume VII, section 1137.
The right granted by treaty and supplemental legislation to maintain
civil government in the Canal Zone was held to authorize appropriations
in general appropriation bills for such maintenance. Volume VII,
section 1134.
CANCELLATION OF SIGNATURES.
A request of the Senate that the House vacate the signature of the
Speaker to an enrolled bill was denied by the House, unanimous consent
being refused. Volume VII, section 1083.
Dicta to the effect that a request of the Senate for cancellation of
the Speaker's signature and the return of an enrolled bill could be
taken up for consideration under suspension of the rules. Volume VII,
section 1083.
Under authorization of a concurrent resolution, the Speaker announced
in the House the cancellation of his signature. Volume VII, section
1077.
A concurrent resolution authorized the presiding officers of the two
Houses to cancel their signatures to an enrolled bill failing to
conform to recommendations of the Secretary of War. Volume VII, section
1077.
CANDIDATES.
In the balloting for managers in the Johnson impeachment nominations
were made before the vote. Volume III, section 2417.
Discussion of the effect of the participation of the candidate himself
in bribery, and its relation to the amount and the proven effect.
Volume II, section 1279.
A candidate in whose behalf exorbitant sums of money were received and
dispensed by personal agents and representatives with his knowledge and
consent was held to be disqualified. Volume VI, section 179.
An investigation disclosing no evidences of bribery, the failure of a
candidate to comply with a State statute in the itemization of
expenditures in a primary, was held to be a matter for the
consideration of the State authorities in determining whether his name
should be placed on the ballot and whether, after election, a
certificate of election should be issued, and not pertinent to the
determination of an election contest in the Senate. Volume VI, section
188b.
CANDIDATES--Continued.
Irregularity of nomination does not prejudice claimant's case in the
House. It is sufficient if the candidate's name was duly certified as
required by law and printed on the ballot at the November election.
Volume VI, section 93.
Improper acts by a candidate's friends without his participation are of
effect only so far as they are shown to have actually affected the
result. Volume II, section 944.
Libelous abuse of a defeated candidate by party adherents of the
returned Member for which the latter is in no way responsible does not
furnish grounds for contest. Volume VI, section 137.
Excessive and unlawful amounts of money spent without the knowledge or
consent of the candidate do not warrant the sustaining of a contest.
Volume VI, section 165.
Solicitation or disbursement of excessive sums in primary and general
elections not to be considered when made without candidate's knowledge
or consent. Volume VI, section 73.
A candidate who purposely remained in ignorance of the acts of agents
in his behalf when the means of information were within his control was
held to have ratified such acts and to have assumed responsibility
therefor. Volume VI, section 79.
Candidates at an inconclusive election having waived their claims the
House held that the result of a new election might not be disturbed
because of alleged errors in the first election. Volume I, section 555.
Two candidates having equal numbers of votes the governor did not issue
credentials to either, but ordered a new election after they had waived
their respective claims. Volume I, section 555.
The disqualification of a Member-elect does not entitle a minority
candidate to the seat. Volume I, section 326.
The House, after declaring a Member-elect ineligible, refused to seat
the candidate receiving the next highest number of votes. Volume VI,
section 59.
The English law under which a minority candidate succeeds to a vacancy
resulting from the disqualification of the majority candidate is not
applicable under the Constitution. Volume VI, section 59.
A question as to whether a candidate nominated by nomination papers may
suggest the names of election officers under a law giving that function
to the nominating body. Volume II, section 1110.
Voters are not required to determine the legal eligibility of
candidates to a place on the ballot and an election otherwise valid
will not be held invalid because the certificate of nomination of the
successful candidate is defective through the omission of some detail.
Volume VI, section 188a.
Objection to irregularities in the nomination of a candidate for office
must be made prior to the election, and come too late thereafter.
Volume VI, section 188a.
The amount of money which may be expended by a candidate for Congress
in his campaign for election is limited by law. Volume VI, section 67.
The Supreme Court invalidated, as unconstitutional, a Federal statute
requiring sworn statements of receipts and expenditures and limiting
the amount of money which might be used in procuring nomination as
candidate for Representative or Senator. Volume VI, section 69.
A strict observance of the Federal corrupt practices acts and the
corrupt practices acts of the State from which returned is incumbent
upon candidates and is essential to continued Membership in the House.
Volume VI, section 81.
No Member of Congress or candidate for Congress may solicit or receive
political contributions from Government employees. Volume VI, section
67.
A Federal law requires sworn statements by candidates for Congress of
contributions received, amounts expended, and promises made for the
purpose of influencing the result of elections. Volume VI, section 67.
CANDIDATES--Continued.
The law requiring statements by candidates of expenses incidental to
election to House or Senate does not provide for their publication.
Volume VI, section 71.
The statute requiring filing of statements of receipts and expenses of
candidates is directory rather than mandatory, and failure to comply
with its requirements will not invalidate election. Volume VI, section
76.
Unfair campaign tactics directed at one candidate may not be taken as
the basis of a contest in behalf of another candidate on the same
ticket. Volume VI, section 154.
Discussion of litigation in State courts to place names of candidates
on the ballot. Volume VI, section 165.
The law of 1911 provides that candidates for Representative to be
elected at large shall be nominated in the same manner as candidates
for governor, unless otherwise provided. Volume VI, section 47.
CANNON, CLARENCE, of Missouri, Chairman.
Decisions on questions of order relating to--
Amendments not offered by proxy. Volume VIII, section 2830.
CANNON, COMMITTEE JURISDICTION AS TO.
The appropriations for field guns and their appurtenances belong within
the jurisdiction of the Committee on Appropriations. Volume IV,
sections 4042-4044.
CANNON, ELECTION CASES OF.
The Utah election case of Maxwell v. Cannon in the Forty-third
Congress. Volume I, sections 468-470.
The Utah election case of Campbell v. Cannon in the Forty-seventh
Congress. Volume I, sections 471-473.
CANNON, JAMES, JR., BISHOP.
The case of Bishop James Cannon, jr. Volume VI, section 352.
CANNON, JOSEPH G., of Illinois, Speaker and Chairman.
Decisions on questions of order relating to--
Adhere, motion to. Volume VIII, section 3208.
Adjourn, motion to. Volume V, section 5372. Volume VIII, sections 2641,
2822.
Amendments between the Houses. Volume V, sections 6208, 6209, 6210,
6216.
Amendments, general. Volume V, section 5890.
Amendments, germaneness of. Volume V, sections 5832, 5879, 5880, 5895,
5906, 5915. Volume VII, section 1420. Volume VIII, sections 2707, 3015,
3262.
Amendments, separate vote. Volume VIII, section 3171.
Amendments, substitute. Volume VIII, section 2894.
Appeal. Volume V, section 6954.
Appointment to Committees. Volume IV, section 4484.
Appropriation bills. Volume IV, section 3566.
Appropriations. Volume VI, section 716. Volume VII, section 1019a.
Volume VIII, section 2388.
Bills. Volume III, section 2614. Volume IV, section 3287. Volume VII,
sections 1036, 1081, 1085.
Breach of order. Volume VIII, section 2531.
Calendar Wednesday. Volume VII, sections 773, 882, 889, 932, 937.
Volume VIII, section 2288.
Calendars. Volume VII, sections 358, 978, 992, 1000.
Volume VIII, sections 2002, 2395, 2396, 2403.
Call of the House. Volume IV, sections 3043, 3044, 3055. Volume VI,
section 684.
Call of committees. Volume IV, sections 3126, 3130.
Chairman of a committee. Volume IV, section 4530.
Committee, action of. Volume VIII, section 2209.
CANNON, JOSEPH G., of Illinois, Speaker and Chairman--Continued.
Decisions on questions of order relating to--Continued.
Committee, jurisdiction of. Volume VII, sections 1798, 1935, 2108.
Committee of the Whole. Volume IV, sections 3063, 3078, 3135, 3141,
4806, 4821, 4827, 4833, 4859. Volume V, section 5641.
Committee of the Whole, concurring in the recommendation of. Volume
VIII, section 2419.
Committee of the Whole, motion to resolve into. Volume VI, sections 52,
724.
Communications. Volume V, section 7052.
Concurrent Resolution. Volume VII, section 1042.
Conference report. Volume II, section 1473. Volume V, sections 6417,
6418, 6420, 6424, 6425, 6518, 6528, 6534, 6545. Volume VII, section
899. Volume VIII, sections 3259, 3269, 3291.
Congressional Record. Volume V, sections 6989, 7004.
Consent Calendar. Volume VII, sections 973, 986, 1004.
Consideration. Volume VIII, section 2447.
Consideration, question of. Volume V, section 4977.
Debate. Volume V, sections 5121, 5142, 5150, 5153, 6981. Volume VIII,
sections 2448, 2471, 2476, 2485, 2494, 2497, 2499, 2554, 2662, 3065,
3469.
Dilatory motions. Volume V, sections 5729, 5731.
Discharge of committee. Volume IV, section 4694. Volume VII, section
1016. Volume VIII, section 2651.
Disorder on the floor. Volume VI, section 258.
District of Columbia. Volume IV, sections 3307, 3310.
Division of the question. Volume V, sections 6122, 6127, 6137, 6141.
Volume VIII, section 2271.
Enacting clause, strike out. Volume VIII, section 2626.
Enrolled bill, cancellation of signatures. Volume VII, section 1077.
Enrolled bill, duplicate. Volume VII, section 1072.
Forms of bills. Volume VII, section 1034.
Forty-minute debate. Volume V, sections 5498, 5502.
House as in Committee of the Whole. Volume IV, sections 4924, 4925.
Instruction of managers of conference. Volume V, section 6385.
Investigations. Volume III, section 2725.
Joint committee. Volume IV, section 4432.
Journal. Volume VI, sections 626, 637.
Jurisdiction. Volume IV, sections 4216, 4369, 4390, 4391. Volume VII,
sections 1777, 1928, 1966, 1967, 2005, 2048.
Lay on the table. Volume V, section 5414.
Lay on the table, motion to. Volume V, section 5396. Volume VI, section
415. Volume VIII, sections 2653, 2654, 2656, 2785.
Legislation. Volume IV, section 3881.
Legislative day. Volume VI, section 723, Volume VIII, section 3356.
Limitations. Volume IV, section 3935.
Member, resignation from committees. Volume III, section 2197.
Office incompatible with membership. Volume IV, sections 1253.
Order of business. Volume IV, section 3138.
Parliamentary inquiry, appeal from. Volume VIII, section 3457.
Passed over without prejudice. Volume VII, section 996.
Pension bills. Volume VII, section 850.
Points of order. Volume V, sections 6424, 6889, 6897, 6926.
Postpone, motion to. Volume V, section 5310. Volume VIII, sections
2609, 2613.
Preamble, striking out. Volume VII, section 1064.
CANNON, JOSEPH G., of Illinois, Speaker and Chairman--Continued.
Decisions on questions of order relating to--Continued.
President, messages of. Volume VIII, sections 3346, 3350.
Previous question. Volume IV, section 4929. Volume V, sections 5460,
5466, 5471, 5473, 5488, 5571, 5576, 5600, 5601. Volume VI, section 401.
Volume VIII, section 2677.
Private Calendar. Volume VII, section 851.
Privilege. Volume I, sections 673, 742. Volume III, sections 2534,
2547, 2551, 2563, 2614, 2635, 2695, 2710, 2712, 2713, 2715. Volume IV,
section 3388. Volume V, section 5002. Volume VI, sections 35, 418, 419,
553, 563, 565, 571, 573, 574, 580, 590, 594, 609, 611.
Privileged questions. Volume II, sections 1877, 1878, 2636. Volume IV,
sections 4623, 4624, 4640, 4644. Volume V, sections 5302, 5890. Volume
VI, sections 3, 49, 371, 410, 420, 427, 432, 525, 565, 565a. Volume
VIII, sections 2294, 2299, 2919, 3377, 3563.
Quorum. Volume IV, sections 2890, 2906, 2916, 2926, 2970, 2971. Volume
V, section 5606. Volume VI, sections 21, 624, 647, 660, 681, 699.
Reading. Volume IV, sections 3390, 3399. Volume VII, section 1058.
Volume VI, section 2606.
Recede and concur, motion to. Volume VIII, sections 2657, 3197, 3199,
3205.
Recognition. Volume II, sections 1428, 1439, 1456, 1469-1472, 1477.
Volume VI, sections 65, 292, 297, 298, 308, 411. Volume VII, section
1018. Volume VIII, sections 2429, 2430, 2449, 2685, 2762, 2770, 3479.
Recommit, motion to. Volume V, sections 5540, 5541. Volume VII, section
778. Volume VIII, sections 2695, 2701, 2744, 2750, 2751, 2758.
Reconsider, motion to. Volume V, sections 5614, 5628. Volume VIII,
sections 2776, 2781, 2786.
Record. Volume VI, section 631. Volume VIII, sections 3079, 3094, 3487,
3499.
Refer. Volume V, section 5568. Volume VI, sections 404, 744. Volume
VII, sections 861, 1031, 1032, 1763, 1770, 1776, 1843, 1932, 1972,
2095, 2120, 2122, 2126.
Reference with instruction. Volume V, section 5551.
Rejected bills. Volume VII, section 1049.
Reports. Volume VIII, sections 2309, 2730, 2732.
Reports from the Committee of the Whole. Volume IV, sections 4869,
4900, 4906. Volume V, section 6987.
Reports of committees. Volume IV, sections 4584, 4594.
Resignation from a joint committee. Volume VII, section 2170.
Resolutions of inquiry. Volume III, sections 1859, 1860, 1862, 1863,
1872-1874.
Resolution rescinding special order. Volume VIII, section 3390.
Revenue bills. Volume IV, section 4624. Volume VI, section 718.
Rules, adoption of. Volume VI, section 191. Volume VIII, section 3383.
Rules, amendment of. Volume VIII, section 3376.
Secret session. Volume VI, section 434.
Senate bills. Volume IV, sections 3393, 3425.
Separate vote. Volume VIII, sections 3167.
Speaker. Volume II, section 1371. Volume III, section 2725. Volume IV,
section 3043. Volume V, section 6987.
Speaker's table. Volume IV, section 3106.
Speaker's vote. Volume VIII, section 3075.
Special orders. Volume IV, sections 3154, 3179, 3220. Volume VII,
section 778.
Sunday. Volume V, section 7245.
Sunday. Volume V, section 7245.
Suspension of rules. Volume IV, section 3230. Volume V, sections 6795,
6802, 6803. Volume VIII, sections 3393, 3400, 3406, 3418, 3421, 3424.
CANNON, JOSEPH G., of Illinois, Speaker and Chairman--Continued.
Decisions on questions of order relating to--Continued.
Tellers. Volume V, section 5998. Volume VIII, sections 2818, 2819.
Unanimous consent. Volume VII, section 980.
Unanimous Consent Calendar. Volume VII, section 992.
Voting. Volume V, sections 5979, 6088. Volume VI, section 192. Volume
VIII, sections 2815, 3110, 3126, 3134, 3143.
Yeas and nays. Volume V, sections 6030, 6043, 6044, 6048, 6080, 6099,
6995. Volume VIII, section 3107.
Yielding floor. Volume V, section 5030.
CANTOR, ELECTION CASE OF.
The New York election case of Cantor v. Siegel in the Sixty-fourth
Congress. Volume VI, section 102.
CAPACITY, REPRESENTATIVE.
A decision by the Speaker defining the term ``representative
capacity.'' Volume VI, section 580.
An expression of opinion characterizing actions of a Member without
reflecting upon him in his representative capacity do not give rise to
a question of privilege. Volume VI, section 595.
To come within the rule, a question of privilege must relate to the
conduct of Members in their representative capacity. Volume VI, section
604.
Charges against a Member not connected with his representative capacity
do not involve a question of privilege. Volume VI, section 612.
A newspaper article criticizing a Member personally and not in his
representative capacity does not present a question of privilege.
Volume VI, section 569.
Mere criticism of a Member, even though in his representative capacity,
does not present a question of privilege. Volume VI, section 580.
Charges made through the newspapers by a Member reflecting on the
efficiency of another Member in his representative capacity do not
support a question of privilege. Volume VI, section 605.
A resolution charging that a Member's action in his representative
capacity had been influenced by support received in his election to the
House was presented as a question of privilege. Volume VI, section 582.
Reference in debate to action of a Member in no way connected with his
official duties or capacity was considered by the House a breach of the
privilege of debate. Volume VIII, section 2542.
Matters transpiring in committee were held to relate to a Member in his
representative capacity. Volume VI, section 610.
Statements in published hearings of a committee attributing unworthy
motives to a Member for acts in representative capacity give rise to a
question of privilege even though not noted at the time nor reported by
the committee. Volume VIII, section 2216.
Statements on the floor reflecting on the conduct of a Member in
official capacity, whether made directly or in quotation, involve a
question of privilege. Volume VI, section 594.
Newspaper charges that a Member had used departmental employees while
in the service of the Government in a political campaign were held to
reflect on him in his representative capacity. Volume VI, section 615.
Strictures in newspaper articles, however severe, do not present a
question of privilege unless directed against a Member in his
representative capacity. Volume VI, section 566.
Expression of opinion reflecting on a Member or his State, however
offensive, if not directed against the Member in his representative
capacity, do not involve a question of privilege. Volume VI, section
593.
In discussing a question of privilege a Member is confined to charges
reflecting on him in his capacity as a Representative and may not
digress to charges reflecting on him in a business capacity. Volume VI,
section 606.
CAPACITY, REPRESENTATIVE--Continued.
Wide latitude is allowed the press in the criticism of Members of
Congress, and such criticism, unless reflecting on a Member in his
representative capacity, does not present a question of privilege.
Volume VI, section 611.
While it is in order to discuss proceedings of conference committees,
it has been held improper to criticize the conferees of the other House
in such a manner as to reflect on them in their official capacity.
Volume VI, section 568.
Form of resolutions of the House creating, empowering, and instructing
the select committee which investigated charges that Members have been
improperly influenced in their official capacity. Volume VI, section
396.
CAPITAL CASES.
In English impeachment cases the respondent has counsel in accusation
for misdemeanor, but not in capital cases. Volume III, section 2120.
Under the parliamentary law the respondent answers the summons in
custody if the case be capital and the accusation be special, but not
if it be general. Volume III, section 2120.
Provisions of parliamentary law as to trail by impeachment of a
commoner for a capital offense. Volume III, section 2056.
CAPITOL.
(1) General regulations.
(2) Control of the House wing of.
(3) Jurisdiction of committees as to.
(4) As related to questions of privilege.
(1) General Regulations.
(2)The statutes place on the Sergeants-at-Arms of the two Houses the
duty of preserving the peace and security of the Capitol and the
appointment and control of the Capitol police. Volume I, section 258.
The Speaker and President of the Senate have discretion as to the use
of the Capitol ground for processions, assemblies, music, and speeches
on occasions of national interest. Volume V, section 7312.
General provisions of the statutes as to concerts, operation of street
cars, delivery of fuel, and landscape features of the Capitol grounds.
Volume V, section 7312.
No intoxicating liquors may be sold within the Capitol. Volume V,
section 7312.
No work of art not the property of the Government shall be exhibited in
the Capitol, and no room shall be used for private studios without
permission of the Joint Committee on the Library. Volume V, section
7312.
The use of the Government telegraph lines at the Capitol is regulated
by statute. Volume V, section 7344.
The use of the Rotunda of the Capitol is controlled by concurrent
action of the two Houses. Volume V, section 7313.
The House Office Building Commission is charged with control of the
Capitol power plant. Volume VIII, section 3657.
The Capitol power plant and its service, like the House Office
Building, are under the control of the Architect of the Capitol subject
to the approval of the House Office Building Commission. Volume VIII,
section 3656.
The Postmaster superintends the post office in the Capitol and House
Office Building and is responsible for the prompt and safe delivery of
mail. Volume VI, section 34.
The history and authorization of the Capitol guide system. Volume VIII,
section 3644.
(2) Control of the House Wing of.
The care, preservation, and orderly keeping of the House wing of the
Capitol devolve on the Superintendent under regulations prescribed by
the Speaker. Volume V, section 7312.
The Speaker has general control of the hall, corridors, and
unappropriated rooms in the House wing of the Capitol. Volume II,
section 1354.
CAPITOL--Continued.
(2) Control of the House Wing of--Continued.
The Speaker has general control of the Hall corridors and
unappropriated rooms in the House wing of the Capitol. Volume VI,
section 261.
The control of the Speaker extends only to the ``unappropriated rooms''
of the House wing, and the House itself controls the disposition of the
other rooms. Volume V, sections 7273-7281.
Instances wherein changes in the House wing of the Capitol were
authorized by law. Volume V, section 7280.
The electrician and laborers connected with the lighting, heating, and
ventilating of the House are under the direction of the Superintendent,
subject to the control of the Speaker. Volume V, section 7312.
(3) Jurisdiction of Committees as to.
The acceptance of works of art for the Capitol and control of the
Botanic Garden are vested in the Committee on the Library. Volume IV,
section 4337.
Subjects relating generally to the Capitol building, especially the
House wing, have been reported by the Committee on Public Buildings and
Grounds. Volume IV, section 4238.
The assignment of committee and other rooms in the House wing, custody
of documents, etc., have been considered by the Committee on Accounts.
Volume IV, section 4330.
The Committee on Public Buildings and Grounds has reported legislative
propositions relating to the buildings and grounds of the Botanic
Garden, the Capitol, and the Bureau of Standards. Volume VII, section
1965.
(4) As Related to Questions of Privilege.
An assault upon a Member within the walls of the Capitol, when the
House was not in session, was deemed a breach of privilege, although it
arose from a cause not connected with the Member's representative
capacity. Volume II, section 1624.
An assault upon the clerk of a committee within the walls of the
Capitol was held to be a breach of privilege. Volume II, section 1629.
A proposition to investigate alleged unnecessary violence of policemen
toward citizens on the Capitol grounds was ruled not to present a
question of privilege. Volume III, section 2643.
A newspaper correspondent who violated the privileges of the House was,
by resolution, excluded from that portion of the Capitol under the
jurisdiction of the House for a period of 10 days. Volume VI, section
553.
The Secretary and Sergeant at Arms of the Senate, the Superintendent of
the Capitol, the Librarian of Congress and his assistant in the law
library have the privilege of the floor. Volume VIII, section 3634.
Instance wherein a Member delegated to another not in the service of
the House the use of his frank and the occupancy of a room in the
Capitol. Volume VI, section 397.
CAPITOL POLICE.
The statutes place on the Sergeants-at-Arms of the two Houses the duty
of preserving the peace and security of the Capitol and the appointment
and control of the Capitol police. Volume I, section 258.
CAPRON, ADIN B., of Rhode Island, Speaker pro tempore and Chairman.
Decisions on questions of order relating to--
Amendment, pro forma. Volume VIII, section 2874.
Amendments. Volume VI, section 255.
Appropriations. Volume VII, section 1695.
Call of committees. Volume IV, section 3113.
Committee amendments. Volume V, section 5772.
Committee of the Whole. Volume IV, sections 4713, 4764, 4778, 4780.
Continuation of a public work. Volume IV, section 3717a.
CAPRON, ADIN B., of Rhode Island, Speaker pro tempore and Chairman--
Continued.
Decisions on questions of order relating--Continued.
Debate. Volume V, sections 5092, 5254.
Discharge of a committee. Volume IV, section 4697.
Points of order. Volume IV, section 4726.
Quorum. Volume IV, section 2931.
CARAWAY, THADDEUS H., of Arkansas, Speaker pro tempore.
Decision on questions of order relating to--Special order. Volume VII,
section 760.
CARD GALLERY.
The Speaker is required to set aside a portion of the west gallery for
persons admitted on the cards of Members. Volume V, section 7302.
CARLILE.
The Senate election case of Willey and Carlile from Virginia in the
Thirty-seventh Congress. Volume I, section 383.
CARLISLE, JOHN G., of Kentucky, Speaker, Speaker pro tempore, and
Chairman.
The Kentucky election case of Thobe v. Carlisle, the Speaker, in the
Fiftieth Congress. Volume II, section 1066.
The seat of the Speaker being contested, the Committee on Elections
were appointed by resolution of the House. Volume II, section 1361.
Decisions on questions of order relating to--
Adjourn, motion to. Volume V, sections 5368, 5376, 5386.
Adjournment. Volume V, sections 5760, 6698, 6734.
Amendments between Houses. Volume V, sections 6172, 6180, 6225.
Amendments, germane. Volume V, sections 5811, 5901, 6188.
Amendments, not germane. Volume IV, sections 4375, 5847. Volume V,
sections 5582, 5825, 5826, 5837, 5843, 5875, 5889, 5899.
Authorization of appropriations. Volume IV, section 3602.
Bills. Volume IV, section 2854, 3295, 3296.
Call of committees. Volume IV, section 3127.
Call of the House. Volume IV, sections 2988, 2996, 3003, 3008.
Charges against Members. Volume II, section 1287.
Claims. Volume IV, section 3299.
Committee of the Whole. Volume IV, sections 4734, 4752, 4795, 4807,
4808, 4811, 4812, 4826, 4832, 4836, 4849, 4858, 4860 (footnote), 4862.
Volume V, section 5591.
Conference. Volume V, section 6301.
Conference reports. Volume V, sections 6395, 6422, 6451, 6511, 6551,
6560.
Congressional Record. Volume V, sections 5079, 6967, 6983, 7012, 7017,
7021.
Continuation of a public work. Volume IV, sections 3562, 3785.
Debate. Volume V, section 5045, 5099.
Debate, five-minute. Volume V, section 5231.
Debate, forty-minute. Volume V, section 5503.
Debate, general. Volume V, section 5204, 5207.
Dilatory motions. Volume V, section 5712.
Discharge of a committee. Volume IV, section 3532.
General parliamentary law. Volume V, sections 6758, 6759.
General appropriation bills. Volume IV, section 3570.
Hour of daily meeting. Volume I, section 117.
House as in Committee of the Whole. Volume IV, section 4930.
Instruction of managers of conference. Volume V, sections 6379, 6380.
Journal. Volume IV, sections 2753, 2757.
CARLISLE, JOHN G., of Kentucky, Speaker, Speaker pro tempore, and
Chairman--Con.
Decisions on questions of order relating to--Continued.
Legislation on appropriation bills. Volume IV, sections 3821, 3892,
3913-3915, 3937.
Legislative day. Volume IV, section 3192.
Messages. Volume V, section 6600.
Motions. Volume V, section 4983.
Oath. Volume I, section 550.
Order of business. Volume V, sections 5510, 5511.
Personal privilege. Volume III, sections 2546, 2719, 2721.
Points of order. Volume IV, section 4930. Volume V, sections 5323,
6890, 6892, 6932.
Previous question. Volume V, sections 4968, 4999, 5000, 5295, 5319,
5572, 5573, 5577, 5582, 5583, 6698.
Prerogatives. Volume III, sections 2558, 2564.
Privilege. Volume II, sections 1207, 1501, 1529. Volume III, sections
1827, 2050, 2584, 2585, 2615, 2622, 2627, 2631, 2634, 2659, 2717.
Privilege of the floor. Volume III, sections 2624, 2625, 2626. Volume
V, section 7286.
Privileged questions. Volume IV, sections 3145, 4633-4636, 4637, 4638.
Volume V, section 5809.
Privileged reports. Volume IV, section 4628.
Question of consideration. Volume IV, section 3175. Volume V, sections
4945, 4947, 4953-4956, 4958, 4959, 4965.
Quorum. Volume IV, sections 2733, 2887, 2960, 2963, 2975. Volume V,
section 5693.
Reading of papers. Volume IV, sections 3395, 3396. Volume V, section
5262.
Recess. Volume V, section 6665.
Recognition. Volume II, section 1460.
Recommit, motion to. Volume IV, section 5591.
Reconsider, motion to. Volume V, sections 2521, 5624, 5657.
Refer, motion to. Volume IV, section 4375. Volume V, sections 5522,
5531, 5573, 5889.
Reports of committees. Volume IV, sections 4357, 4653, 4655, 4690,
4691.
Rescind, motion to. Volume IV, section 3173.
Resolutions of inquiry. Volume III, sections 1865, 1867.
River and harbor appropriation bill. Volume IV, section 3900.
Rules. Volume V, section 6773.
Speaker. Volume II, sections 1314, 1364.
Speaker's table. Volume IV, section 3090.
Special orders. Volume IV, sections 3167, 3187, 3192, 3194, 3197, 3198,
3202, 3207, 3210, 3216.
Substitute amendments. Volume V, sections 5341, 5786, 5795.
Suspension of the rules. Volume V, sections 6809, 6814, 6825, 6840,
6848.
Yeas and nays. Volume V, sections 6014, 6021, 6068, 6073, 6085.
CARMACK.
The Tennessee election case of Patterson v. Carmack in the Fifty-fifth
Congress. Volume II, sections 1104, 1105.
CARNEY, ELECTION CASES OF.
The Michigan election case of Carney v. Smith in the Sixty-third
Congress. Volume VI, section 91.
The Wisconsin election case of Carney v. Berger in the Sixty-sixth
Congress. Volume VI, section 58.
CARPENTER.
The Iowa election case of Holmes, Wilson, Sapp, and Carpenter in the
Forty-sixth Congress. Volume I, section 525.
CARRIERS.
Legislation relating to the financing, valuation, operation, and
regulation of common carriers is within the jurisdiction of the
Committee on Interstate and Foreign Commerce. Volume VII, section 1805.
CARRIGAN.
The Pennsylvania election case of Carrigan v. Thayer in the Thirty-
eighth Congress. Volume I, section 712.
CARY, ELECTION CASE OF.
The Wisconsin election case of Gaylord v. Cary in the Sixty-fourth
Congress. Volume VI, section 81.
CASEMENT.
The election case of J. S. Casement, claiming a seat as Delegate from
Wyoming in the Fortieth Congress. Volume I, section 410.
CASEY, ZADOC, of Illinois, Chairman.
Decisions on questions of order relating to--
Committee of the Whole. Volume IV, section 4766.
General debate. Volume V, section 5233.
CASS.
The Senate election cases of Smith, Winthrop, Phelps, and Cass. Volume
I, sections 787-790.
CASTING VOTE.
The Speaker has voted when a correction on the day after the roll call
has created a condition wherein his vote would be decisive. Volume V,
section 5969.
During the Johnson trial Chief Justice Chase gave a casting vote on
incidental questions, and the Senate declined to declare his incapacity
to vote. Volume III, section 2067.
CATCHINGS.
The Mississippi election case of Hill v. Catchings in the Fifty-first
Congress. Volume II, section 1039.
CATE.
The Arkansas election case of Featherston v. Cate in the Fifty-first
Congress. Volume II, sections 1022-1024.
CATLIN, ELECTION CASE OF.
The Missouri election case of Gill v. Catlin in the Sixty-second
Congress. Volume VI, section 79.
CAUCUS.
(1) Organization, rules, etc.
(2) Floor Leaders and Whips.
(3) Disciplinary action by.
(4) Steering Committees.
(5) Patronage, distribution of.
(1) Organization, Rules, etc.
The caucus system has been in use for many years and has been utilized
by both parties. Volume VIII, section 3605.
The caucus, like the House, organizes ab initio for each Congress.
Volume VIII, section 3602.
The formal rules of party caucus with statement of party principles.
Volume VIII, section 3609.
CAUCUS--Continued.
(1) Organization, Rules, etc.--Continued.
A discussion of the organization and functions of the party caucus.
Volume VIII, section 3607.
Proceedings of the Democratic caucus are recorded in its journal which
is open to inspection by the public. Volume VIII, section 3608.
Explanation of caucus procedure requiring two-thirds vote to bind
members and exemption constitutional questions, matters of conscience,
and pledges to constituents. Volume VIII, section 3605.
Nominations for assignments to the standing committees are made by the
committee on committees which reports them to the caucus for approval
and ratification. Volume VIII, section 3617.
Instance wherein the chairman of the committee on committees of the
majority caucus, by direction of the caucus, proposed changes in the
rules and the election of members to committees which were agreed to by
the House. Volume VIII, section 3619.
An instance in which a party caucus ranked those nominated for
membership on a committee in the order of the respective vote received.
Volume VIII, section 2179.
The standing committees and the floor leaders are ordinarily authorized
by resolution to order necessary official printing, including printing
for party conferences. Volume VIII, section 3660.
The Hall of the House is used only for the legislative business of the
House, caucus meetings of its Members, and ceremonies in which the
House votes to participate. Volume V, section 7270.
(2) Floor Leaders and Whips.
A discussion of the duties and methods of selection of the party whips.
Volume VIII, section 3615.
A discussion of the functions and duties of the majority and minority
floor leaders. Volume VIII, section 3614.
Under the recent practice the selection of floor leaders is announced
in the House. Volume VIII, section 3611-3613.
(3) Disciplinary Action by.
Instance wherein Members failing to abide by the action of their party
caucus were disciplined by removal from committees or reduction in
rank. Volume VIII, section 3606.
(4) Steering Committees.
Origin and history of the first elective steering committee in the
party organization of the House. Volume VIII, section 3621.
The majority steering committee in the Sixty-fifth and Sixty-sixth
Congresses consisted of five members. Volume VIII, section 3625.
The majority steering committee in the Seventieth Congress. Volume
VIII, section 3626.
A majority steering committee was created in the Seventy-third Congress
consisting of 15 elective Members elected by geographical groups
sitting separately and voting by zones. Volume VIII, section 3622.
Provision for steering committee to be nominated by the committee on
committees and elected by the party conference. Volume VIII, section
3621.
The steering committee was nominated by the majority committee on
committees and elected by the party conference. Volume VIII, section
3625.
The Speaker floor leader chairman of the caucus and ranking member on
the rules committee are ex officio members of the steering committee.
Volume VIII, section 3622.
The membership of the steering committee is subject to recall whenever
the conference determines it is not representative of party sentiment
in the House. Volume VIII, section 3625.
CAUCUS--Continued.
(4) Steering Committees--Continued.
The steering committee is not responsible to the caucus and the
election of its members, individually or collectively, is not subject
to caucus ratification or rejection. Volume VIII, section 3622.
Members of the steering committee are directly responsible to the
membership of the zone from which elected and are subject to recall at
any time. Volume VIII, section 3622.
The leader serves as Chairman of the steering committee which meets on
call. Volume VIII, section 3625.
The floor leader is ex-officio chairman of the steering committee.
Volume VIII, section 3621.
The chairman of the steering committee is elected by the committee and
is ineligible to succeed himself. Volume VIII, section 3622.
The steering committee meets at the call of the chairman or on the call
of three members of the committee. Volume VIII, section 3622.
Differences of opinion as to party policies are submitted to the
steering committee for determination. Volume VIII, section 3623.
The steering committee frequently holds hearings before reaching a
decision on questions of policy. Volume VIII, section 3623.
(5) Patronage, Distribution of.
The patronage of the House is distributed through a patronage committee
nominated by the committee on committees and elected by the majority
caucus. Volume VIII, section 3627.
The patronage of the House, exclusive of the committee assignments, is
divided as equitably as may be among the majority members exclusive of
chairmen, the amount assigned to the individual member varying with the
size of the party majority. Volume VIII, section 3627.
Employees designated for appointment shall be competent, and are
subject to removal by the committee for cause, or by the members
appointing them, at will. Volume VIII, section 3627.
Chairman of committees control the patronage of their respective
committees and do not participate in the general distribution. Volume
VIII, section 3627.
CAUSDEN.
The Maryland election case of Reed v. Causden in the Seventeenth
Congress. Volume I, section 775.
CAUSE.
The Speaker supervises the work of the official reporters and
stenographers, and may remove for cause. Volume V, section 6958.
The House library is under the control and direction of the Librarian
of Congress, and the House librarian and his assistants are removable
only for cause and with the approval of the Committee on Rules. Volume
V, section 7269.
In the Watrous case the House discussed whether or not ascertainment of
probable cause justified proceeding in impeachment. Volume III, section
2498.
Clerks designated by Member are placed upon the roll of employees of
the House, and are subject to removal by the Member, with or without
cause. Volume VI, section 206.
A resolution of inquiry asking for ``reason'' and ``cause'' was held to
ask for opinions rather than facts. Volume VIII, section 2310.
The statute limiting the time within which notice of contest of
election may be served is merely directory and may be disregarded for
cause. Volume VI, section 98.
CAVALRY.
The subject of improving the breed of horses, even with the improvement
of the cavalry as an object, belongs to the jurisdiction of the
Committee on Agriculture. Volume IV, section 4158.
CAVALRY--Continued.
The subject of improving the breed of horses, even with the improvement
of the cavalry as an object, belongs to the jurisdiction of the
Committee on Agriculture. Volume VII, section 1865.
An amendment providing for 10 Cavalry regiments when the existing law
provided for 15 was held to retrench expenditures within the provisions
of the rule, although the exact amount of the reduction could not be
accurately determined. Volume VII, section 1491.
CAVANAUGH.
The Minnesota election case of Phelps Cavanaugh, and Becker in the
Thirty-fifth Congress. Volume I, section 519.
CELEBRATIONS.
The subjects of holidays and celebrations have been reported by the
Committee on the Judiciary. Volume IV, section 4073.
A resolution requesting the President to invite foreign nations to
participate in a national celebration was held not to require
consideration in the Committee of the Whole. Volume VIII, section 2398.
CEMETERIES.
History of the Congressional Cemetery. Volume V, section 7314.
History of the Congressional Cemetery. Volume VIII, section 3658.
The Government Hospital for the Insane and Congressional Cemetery have
been within the jurisdiction of the Committee on the District of
Columbia. Volume IV, section 4285.
Legislation relating to the national cemeteries within the jurisdiction
of the Committee on Military Affairs. Volume IV, section 4186.
A bill granting public lands for the establishment of a military park
and cemetery was referred to the Committee on Military Affairs. Volume
VII, section 1905.
CENSURE.
(1) Of Members.--Principles of, in relation to disorderly conduct.
(2) Of Members.--For disorderly words.
(3) Of Members.--For assault.
(4) Of Members.--For insult to the House, etc.
(5) Of Members.--For corrupt acts.
(6) Of Members.--After resignation.
(7) Of Members.--Procedure for privileged.
(8) Of Members.--Method of procedure.
(9) Of Members.--Procedure as to motions, etc.
(10) Of Members.--Where Speaker is concerned.
(11) Of Members.--Reversal of House's action.
(12) Of Executive and other officers.
(13) Of persons not Members or officers of Government.
(1) Of Members.--Principles of, in Relation to Disorderly Conduct.
The Constitution provides that the House may punish its Members for
disorderly behavior and expel a Member by a two-thirds vote. Volume II,
section 1236.
If any Member in speaking or otherwise transgress the rules of the
House, it is the duty of the Speaker and the privilege of any Member to
call him to order, and he may be punished by censure or otherwise.
Volume V, section 5175.
The Speaker may not pronounce censure except by order of the House.
Volume VI, section 237.
The Speaker represses a Member who is out of order, but, except naming
him, may not otherwise censure or punish him. Volume II, section 1345.
CENSURE--Continued.
(1) Of Members.--Principles of, in Relation to Disorderly Conduct--
Continued.
When a Member is called to order for words spoken in debate the words
are to be taken down at once, and he shall not be held to answer or be
subject to censure if debate or business intervene. Volume V, section
5177.
The words of a Member having been excepted to, but not taken down when
delivered, and having afterwards been investigated by a committee, it
was held in order to propose censure of the Member. Volume II, section
1655.
A member having used words insulting to the Speaker, the House on a
subsequently day and after other business had intervened censured the
offender. Volume II, section 1248.
It has been held in order to censure a Member for words alleged to be
treasonable, even though they were not taken down at the time they were
uttered. Volume II, section 1252.
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. Volume V, section
5202.
The Committee of the Whole having reported language alleged to be
unparliamentary, a resolution of censure was held to be in order
without a prior decision of the Speaker that the words were in fact out
of order. Volume II, section 1259.
A proposition in the Senate to censure a Member of the House for
conduct in the joint meeting to count the electoral vote. Volume III,
section 1950.
The House considered but did not act on propositions to expel or
censure a Member who had published in a newspaper an article alleged to
be in violation of the privileges of the House. Volume II, section
1245.
(2) Of Members.--For Disorderly Words.
For defying and insulting the chairman of the Committee of the Whole,
the House declared Sherrod Williams in contempt and liable to censure.
Volume II, section 1653.
A Member who had used offensive words against the character of the
House, and who declined to explain when called to order, was censured
by order of the House. Volume II, section 1247.
For unparliamentary language in Committee of the Whole, William D.
Bynum was censured by the House. Volume II, section 1259.
A member in debate having declared the words of another Member ``a base
lie,'' the Speaker declared the words out of order and the House
inflicted censure on the offender. Volume II, section 1249.
A declaration by a Member in debate that another Member has knowing
stated that which is false is unparliamentary and censurable. Volume
II, section 1305.
After abandoning a proposition to expel, the House arrested and
censured a Member for gross personalities aimed at another Member, and
for deception of the Speaker when the latter had proposed to prevent
the utterances. Volume II, section 1251.
A Delegate who had used insulting language in debate and declined to
retract it was by order of the House arrested, brought to the bar, and
censured by the Speaker. Volume II, section 1305.
Members who had indulged in unparliamentary language in Committee of
the Whole escaped the censure of the House by making apologies. Volume
II, sections 1257, 1258.
A Member having explained that by disorderly words which had been taken
down he had intended no disrespect to the House, a resolution of
censure was withdrawn. Volume II, section 1250.
For words alleged to be treasonable, the House censured a Member after
a motion to expel him had failed. Volume II, section 1254.
After considering the question of expulsion the House censured a Member
for words alleged to be treasonable. Volume II, section 1253.
For abuse of the leave to print, the House censured a Member after a
motion to expel him had failed. Volume VI, section 236.
CENSURE--Continued.
(3) Of Members.--For Assault.
The House, after declining to expel, censured a Member for contempt in
assaulting another Member for words spoken in debate. Volume II,
section 1656.
The House censured a Member for being concerned in an assault on a
Senator. Volume II, section 1621.
The House in 1836 neglected to punish, be expulsion or censure, the
surviving principal and his seconds in a duel arising over words spoken
in debate. Volume II, section 1644.
For unparliamentary language and an assault two Senators were declared
in contempt and later were censured. Volume II, section 1665.
(4) Of Members.--For Insult to the House, etc.
A Member was censured for presenting a resolution insulting to the
House. Volume II, section 1246.
A proposition to censure a Member for presenting a petition purporting
to come from slaves, failed after long discussion. Volume IV, section
3342.
An attempt to censure a Member for presenting a petition alleged to be
treasonable, failed after long debate. Volume II, section 1255.
The House censured Joshua R. Giddings for presentation of a paper
deemed incendiary and without hearing him in defense. Volume II,
section 1256.
A Member who had abused the leave to print, apologized to the House and
thereupon a proposition to censure was withdrawn. Volume V, section
7006.
(5) Of Members.--For Corrupt Acts.
The censure of James Brooks and Oakes Ames for acts done in connection
with the Credit Mobilier. Volume II, section 1286.
Members being charged with bribery committed several years before the
election of the then existing House, the House preferred censure to
expulsion, but declined to express doubt as to the power to expel.
Volume II, section 1286.
The House refused to expel, but censured, a Member who had accepted
money for appointing a cadet at the Military Academy. Volume II,
section 1274.
The attempt to expel and the censure of B. F. Whittemore in the Forty-
first Congress. Volume II, section 1273.
A Senator who had employed an official of a manufacturing association
as a clerk in the formulation of a tariff bill was censured by the
Senate. Volume VI, section 239.
(6) Of Members.--After Resignation.
A Member for whom the House had voted censure announced that he had
sent his resignation to the governor of his State, but the House
nevertheless voted to inflict the punishment. Volume II, section 1656.
A Member having resigned, and expulsion therefore not being proposed,
the House adopted a resolution censuring his conduct. Volume II,
section 1239.
A Member threatened with expulsion having resigned, the House ceased
the proceedings of expulsion and censured him. Volume II, section 1273.
A Member threatened with expulsion having resigned, the House
nevertheless adopted resolutions censuring his conduct. Volume II,
section 1275.
Whether or not it was proper to censure a Member who had resigned was
held to be a question for the House and not the Chair. Volume II,
section 1275.
(7) Of Members.--Procedure for Privileged.
A proposition to censure a Member presents a question of privilege.
Volume III, sections 2649, 2650.
A proposition to censure a Member for violating the rules of the House
involves a question of privilege. Volume III, section 2651.
A proposition for the censure of a Senator was entertained as
privileged.
CENSURE--Continued.
(8) Of Members.--Method of Procedure.
Discussion as to whether or not the principles of the procedure of the
courts should be followed in action for censure. Volume II, section
1255.
A Member against whom a resolution of censure was pending addressed the
House without permission being asked or given. Volume II, section 1253.
A Member against whom a resolution of censure was pending participated
in the debate. Volume II, section 1246.
A Senator against whom a resolution of censure was pending addressed
the Senate without permission being asked or given. Volume VI, section
239.
A Member against whom a resolution of censure was pending was asked by
the Speaker if he desired to be heard. Volume VI, section 236.
Pending consideration of a resolution to censure a Member the Speaker
informed the Member that he should retire. Volume II, section 1366.
The House having ordered a Member to be censured he was allowed by
unanimous consent to make explanation before the execution of the
order. Volume II, section 1656.
A Member having been subjected to censure, the Speaker, after
deliberation, laid before the House a letter of explanation and apology
from the Member. Volume VI, section 236.
The House having agreed to a resolution of censure, and the Member
being brought to the bar by the Sergeant-at-Arms to be censured, it was
held that he might not then be heard. Volume II, section 1259.
The question on agreeing to resolutions of expulsion having been
decided adversely, the Speaker recognized a Member of the opposition to
offer resolutions of censure. Volume VI, section 236.
On a resolution in the Senate censuring two Senators the names of both
were called, but neither voted. Volume II, section 1665.
The Speaker having censured a Member by order of the House, the censure
appears in full in the Journal. Volume VI, section 236.
Form of censure administered by the Speaker to a Member by order of the
House. Volume II, section 1259.
The Speaker having censured a Member by order of the House, the words
of censure appeared in the Journal. Volume II, section 1251.
Form of censure administered by the Speaker to a Member by order of the
House. Volume VI, section 236.
Form of proceedings at the arraignment and censure of Charles C.
Glover. Volume VI, section 333.
The Speaker having by order of the House censured a Member the words of
censure were spread on the Journal. Volume II, section 249.
Censure inflicted on a Member by the Speaker, by order of the House,
appears in full in the Journal. Volume II, section 1656.
A proposition to censure is not germane to a proposition to expel.
(Contra V, 5923.) Volume VI, section 136.
A Member having introduced a resolution authorizing an investigation of
charges made by himself and proven by the investigation to be
unfounded, the committee of investigation reported conclusions
censuring the Member, and the House by resolution adopted the report
and approved the conclusions. Volume VI, section 400.
(9) Of Members.--Procedure as to Motions, etc.
A resolution of censure should not apply to more than one Member.
Volume II, section 1240.
The House declined to censure two Members in one resolution, taking
such action as enabled a vote to be taken as to each. Volume II,
section 1621.
CENSURE--Continued.
(9) Of Members.--Procedure as to Motions, etc--Continued.
The previous question may be moved on a proposition to censure a
Member, although the effect of it might be to prevent him from making
explanation or defense. Volume V, section 5459.
An amendment to censure a Member has been held germane to a resolution
for his expulsion. Volume V, section 5923.
A committee having general authority to examine and recommend in
relation to an assault between two Members was held to have authority
also to recommend censure of other Members implicated. Volume II,
section 1656.
It is not essential that a resolution authorizing an investigation of
the conduct of Senators shall specify censure or expulsion in order
that the Senate may constitutionally compel testimony. Volume II,
section 1614.
A committee of investigation appointed by the House, having declared a
Member guilty of conduct of grave impropriety and warranting censure,
the Member resigned and the House discontinued the proceeding. Volume
VI, section 398.
(10) Of Members.--Where Speaker is Concerned.
Instance wherein the Speaker retained the Chair and ruled as to a
resolution which in effect proposed a censure of a decision made by him
as Speaker. Volume III, section 2621.
When the House was considering a resolution censuring a Member for an
alleged insult to the Speaker, the Speaker called another Member to the
Chair. Volume II, section 1248.
During consideration of a resolution to censure a Member for disrespect
to the Speaker the member likewise assailed the Speaker pro temore,
whereupon the Speaker resumed the Chair while the House acted on the
latest breach of privilege. Volume II, section 1366.
(11) Of Members.--Reversal of House's Action.
An instance wherein, after a Member had explained, the House
reconsidered its vote of censure. Volume II, section 1653.
The House expunged from the Journals of preceding Congresses its
censure of Simon Cameron and John Young Brown. Volume IV, sections
2792, 2793.
(12) Of Executive and Other Officers.
While the House in some cases has bestowed praise or censure on the
President or a Member of his Cabinet, such action has at other times
been held to be improper. Volume II, sections 1569-1572.
Instance wherein a majority of the Judiciary Committee reported a
resolution censuring a judge for acts not shown to be with corrupt
intent. Volume III, section 2519.
The majority of the Judiciary Committee reported a resolution censuring
Judge Ricks. Volume III, section 2520.
(13) Of Persons not Members or Officers of Government.
For attempting to bribe a Member John Anderson was censured by the
Speaker at the bar of the House. Volume II, section 1606.
For assaulting a Member for words spoken in debate Samuel Houston was
censured by the House in 1832. Volume II, sections 1616-1619.
For attempted intimidation and assault upon a Member, A.P. Field was
arrested and censured at the bar of the House for breach of privilege.
Volume II, section 1625.
A citizen having assaulted a Member for words spoken in debate, the
House arrested, arraigned, and censured him. Volume VI, section 333.
Censure inflicted by the Speaker on a citizen and his apology to the
House appear in full in the Journal. Volume VI, section 333.
CENSUS.
(1) Constitutional and legislative provisions.
(2) As creating presumptions in election contests.
CENSUS--Continued.
(1) Constitutional and Legislative Provisions.
The enumeration to fix the basis of representation is to be made once
in every ten years (footnote). Volume I, section 301.
The constitutional provision authorizing an apportionment act based
upon each succeeding census is not mandatory, but such enactments are
discretionary with Congress. Volume VI, section 54.
Discussion of census and apportionment law of 1850, which applied to
succeeding censuses and apportionments. Volume I, section 314.
Methods of apportioning the existing number of Representatives among
the several States in accordance with the census. Volume VI, section
41.
The rule confers on the Committee on the Census jurisdiction of ``all
proposed legislation concerning the census and the apportionment of
Representatives.'' Volume IV, section 4351.
Bills providing for the collection or publication of general statistics
have been considered by the Committee on the Census. Volume VII,
section 2061.
A bill relating to the taking of the census was formerly held to be
privileged because of the constitutional requirement. Volume VI,
section 49.
A bill relating to the taking of the census was held to be privileged
because of the constitutional requirement. Volume I, section 306.
Bills relating to the census or apportionment, though privileged, held
subject to the rules of the House providing for the consideration of
privileged questions. Volume VI, section 48.
The House decided that a joint resolution relating to the taking of the
census was not in order for consideration on Wednesday. Volume VII,
section 889.
(2) As Creating Presumptions in Election Contests.
Fraud will not be presumed simply from an unusual ratio between votes
and population. Volume II, section 892.
The returns of the regularly constituted authorities will not be
disturbed by presumptions raised by a census of voters by races. Volume
II, section 966.
No illegal vote being shown, the polls were not rejected because of
presumptions created by a census and arithmetical calculations. Volume
I, section 804.
Discussion of the validity of census tables as creating presumptions in
a case involving a constituency divided politically on the color line.
Volume II, section 973.
Evidence showing that a county was divided politically on the color
line, incompatibility between the returns and the census was admitted
to impeach the election and the returns. Volume II, section 969.
Instance wherein votes of previous elections and nature of population
were cited to establish a presumption as to the political preferences
of the districts. Volume II, section 965.
Instance wherein the census and returns of previous elections were
referred to as creating a presumption against a return. Volume II,
section 984.
Evidence tending to show intimidation may be disproved by the ratio of
votes cast to population. Volume II, section 891.
The reports of the census taken for a city directory, produced from the
archives of the city and proven by the takers, were admitted as prima
facie evidence as to qualifications of voters, Volume I, section 843.
The House declined to reject the poll of a precinct whereof the
registration was impeached by a police census of doubtful weight.
Volume II, section 1067.
As to the validity of census returns and a canvass in proving a
registration to be fraudulent. Volume II, section 1123.
CENSUS, COMMITTEE ON.
The creation and history of the Committee on the Census, section 59 of
Rule XI. Volume IV, section 4351.
CENSUS, COMMITTEE ON--Continued.
Recent history of the Committee on the Census, section 37 of Rule XI.
Volume VII, section 2060.
The rule confers on the Committee on the Census jurisdiction of ``all
proposed legislation concerning the census and the apportionment of
Representatives.'' Volume IV, section 4351.
The abridgment of the elective franchise with reference to
apportionment as well as the collection of general statistics have been
considered by the Committee on the Census. Volume IV, section 4352.
CEREMONIES.
(1) Visits to the Senate.
(2) Thanks to the Speaker, expressions of sympathy, felicitations, etc.
(3) Reception on messages.
(4) The President's speech.
(5) Notifications to President and Senate of the organization of the
House.
(6) Notification to the President that Congress is about to adjourn.
(7) In procedure of the House.
(8) Forms and practice as to sessions of.
(9) Celebrations, etc., in the Hall of the House.
(10) Attendance on public exercises without the Hall.
(11) Presentation of portraits, statues, etc.
(12) Observance of birthday of Washington.
(13) Reception of distinguished persons in joint meeting.
(14) Reception of embassies, military officers, and others by the
House.
(15) Deaths of Speaker and other officers.
(16) Deaths of Members and Senators.
(17) Rare observances of deaths of ex-Speakers and ex-Members.
(18) Funerals of deceased Members and Senators.
(19) Eulogies of deceased Members.
(20) Deaths of Presidents of the United States.
(21) Deaths of ex-Presidents of the United States.
(22) Deaths of Vice-Presidents and other civil officers.
(23) Deaths of officers of the Army and Navy.
(24) Deaths of persons not Members of the House or officers of the
Government.
(25) Adjournment in recognition of calamities.
(26) The joint meeting for the electoral count.
(27) The inauguration of President of the United States.
(28) In impeachment trials.--Attendance of the House during Blount's
trial.
(29) In impeachment trials.--Attendance of the House during Pickering's
trial.
(30) In impeachment trials.--Attendance of the House during Chase's
trial.
(31) In impeachment trials.--Attendance of the House during Peck's
trial.
(32) In impeachment trials.--Attendance of the House during Humphrey's
trial.
(33) In impeachment trials.--Attendance of the House during the trial
of the President.
(34) In impeachment trials.--House did not attend during the Belknap
trial.
(35) In impeachment trials.--House orders impeachment to be carried to
the Senate.
(36) In impeachment trials.--A committee carries impeachment to Senate.
(37) In impeachment trials.--Declarations, form, etc., on presenting in
Senate.
(38) In impeachment trials.--House directs managers to exhibit
articles.
(39) In impeachment trials.--Senate prescribes forms, etc., for
receiving managers.
(40) In impeachment trials.--Managers read the articles.
(41) In impeachment trials.--Sitting of the Senate for trial.
CEREMONIES--Continued.
(42) In impeachment trials.--Regulations of forms, etc.
(43) In impeachment trials.--Inducting the Chief Justice at the trial
of the President.
(44) In impeachment trials.--The demand that process issue.
(45) In impeachment trials.--Return of writ of summons.
(46) In impeachment trials.--Appearance and answer of respondent.
(47) In impeachment trials.--Presentation of the replication.
(48) In impeachment trials.--In general.
(1) Visits to the Senate.
Ceremonies attending a visit of the House to the Senate. Volume V,
section 7045.
When the House attends in the Senate the Sergeant-at-Arms does not bear
the mace. Volume V, section 7045.
(2) Thanks to the Speaker, Expressions of Sympathy, Felicitations, etc.
Form of resolution thanking the Speaker at the adjournment of a
Congress. Volume V, sections 7046-7048.
Form of resolution thanking the Speaker at the adjournment of Congress.
Volume VIII, sections 3509, 3513.
References to divisions on the resolution of thanks to the Speaker
(footnote). Volume V, section 7046.
The farewell address of the Speaker appears in full in the Journal.
Volume I, section 233.
The Speaker being absent at adjournment sine die, the House transmitted
to him a resolution of sympathy. Volume VIII, section 3513.
The House has extended its sympathies to a city of the United States on
the occasion of a notable local catastrophe. Volume VIII, section 3599.
The House has on rare occasions transmitted messages of felicitation to
foreign countries. Volume VIII, section 3544.
Instances wherein Members of the House, by private subscription, made
presentations to colleagues and others. Volume VIII, section 3519.
Exceptional occasions on which Members of the House have paid tribute
to colleagues retiring to accept other offices. Volume VIII, section
3516.
(3) Reception of Messages.
Messengers are saluted by the Speaker for the House. Volume V, section
6590.
The ceremony of receiving a messenger from the President of the United
States in the House. Volume V, section 6591.
Practice as to the reception in the House of messages from the Senate
as founded on former joint rules. Volume V, section 6592.
Forms of messages in use by the Clerk of the House in transmitting
business from the House to the Senate. Volume V, section 6596.
(4) The President's Speech.
In early years the President made a speech to the Congress and the
House attended the Speaker in presenting the address in reply. Volume
II, section 1139.
Ceremonies at the delivery of an annual speech of the President of the
United States to Congress. Volume V, section 6629.
Ceremonies at the delivery of a speech of the President of the United
States to Congress. Volume VIII, section 3333.
In response to the President's annual speech, the Speaker, attended by
the House, used to deliver an address. Volume V, section 6629.
The House has discussed, but not settled, the question as to its power
to compel a Member to accompany it without the Hall on an occasion of
ceremony. Volume II, section 1139.
CEREMONIES--Continued.
(5) Notifications to President and Senate of the Organization of the
House.
The Senate and President are informed of the presence of a quorum and
the organization of the House. Volume I, sections 198-203.
In recent years all the officers have been elected before the President
and Senate have been informed of the organization. Volume I, sections
194-196.
In the earlier practice the messages announcing the organization were
sent immediately after the election of Speaker, and did not refer to
the election of Clerk. Volume I, sections 198-203.
In 1880 the House decided that it might inform the Senate and President
of its organization and election of a Speaker before it had elected a
Clerk. Volume I, section 240.
The Speaker being elected to fill a vacancy caused by resignation, the
Senate, but not the President, was notified of the fact. Volume I,
sections 231, 232.
(6) Notification of the President that Congress is About to Adjourn.
At the adjournment of the last session of a Congress, even at the
expiration of the constitutional term of the House, the two Houses sent
a joint committee to inform the President. Volume V, section 6724.
Instance wherein the President of the United States was not notified of
the expiration of a session of Congress. Volume V, section 6692.
(7) In Procedure of the House.
The Clerk appoints the committee to escort the newly elected Speaker to
the Chair. Volume I, section 220.
Modern forms and ceremony of the report by the Chairman of the
Committee of the Whole and the reception thereof by the Speaker
(footnote). Volume IV, section 4898.
(8) Forms and Practice as to Sessions of.
The Hall of the House is used only for the legislative business of the
House, caucus meetings of its Members, and ceremonies in which the
House votes to participate. Volume V, section 7270.
The rule relating to admission to the floor is construed broadly on the
occasion of ceremonies. Volume V, section 7290.
Forms of receiving public bodies on the occasion of ceremonies in the
House. Volume V, sections 7148, 7178-7180.
Question raised as to the reception and seating of the diplomatic corps
at ceremonies in the Hall of the House (footnote). Volume V, section
7180.
Ceremonies of removing from the old to the new halls of the House and
Senate. Volume V, section 7271.
Joint committees of ceremony are provided for by simple and not
concurrent resolution. Volume V, section 7176.
A committee sometimes makes a report prescribing ceremonies in report
from simply, in which case it is acted on by the House and appears in
full in the Journal. Volume V, section 7177.
The Speaker having been ordered by the House to communicate a
resolution to the last surviving signer of the Declaration of
Independence, laid before the House a copy of the letter and it was
entered in the Journal. Volume V, section 7088.
Correspondence submitted as part of a President's message and relating
to a ceremonial of The House, was printed in full in the Journal
(footnote). Volume V, section 7176.
(9) Celebrations, etc, in the Hall of the House.
Ceremonies at a joint meeting of the two Houses in celebration of the
centennial of the Capitol. Volume V, section 7058.
The completion of the Washington Monument was celebrated by exercises
in the Hall of the House. Volume V, section 7059.
CEREMONIES--Continued.
(9) Celebrations, etc., in the Hall of the House--Continued.
The centennial of the inauguration of George Washington was observed by
exercise at a joint session of the two House. Volume V, section 7060.
Chief Justice Fuller received the thanks of Congress for his oration at
the centennial of the inauguration of Washington (footnote). Volume V,
section 7060.
Washington's Farewell Address was read at a joint session of the two
Houses in 1862. Volume V, section 7070.
(10) Attendance on Public Exercises Without the Hall.
The House sometimes accepts invitations to attend public exercises, but
does not go as an organized body. Volume VIII, sections 7061-7064.
The House sometimes accepts invitations to attend public exercises, but
does not go as an organized body. Volume V, section 3528.
The House accompanied by its officers attended the exercises in
celebration of the founding of the Capitol. Volume V, section 7057.
The House accepted an invitation to attend and participate in
ceremonies in celebration of the first inauguration of George
Washington as President of the United States without making provision
for adjournment or representation. Volume VIII, section 3531.
The Speaker sometimes by unanimous consent lays before the House
invitations for it to participate in public ceremonies. Volume V,
section 7052.
The House sometimes appoints committees to represent it at public
ceremonies. Volume V, section 7055, 7056.
The House sometimes appoints committees to represent it at public
ceremonies. Volume VIII, section 3527.
The House and Senate appointed a joint committee to attend the opening
of the Louisiana Purchase Exposition. Volume V, section 7054.
The House authorized the appointment of a committee to attend an
exposition. Volume VIII, section 3524.
The House and Senate being invited to attend the Jamestown Exposition
appointed a joint committee to attend at a date after the expiration of
the term of the Congress. Volume V, section 7053.
Instance wherein a joint committee was authorized and appointed to
attend a ceremony occurring after the final adjournment of a Congress.
Volume V, section 7054.
(11) Presentation of Portraits, Statues, etc.
Ceremonies at the presentation of portraits of ex-Speakers. Volume V,
sections 7065-7069.
Under the later practice portraits of the Speakers are painted by order
of the House in the course of their incumbency and are hung without
ceremony. Volume VIII, section 3530.
Ceremonies in accepting statues for Statuary Hall. Volume V, sections
7089-7099. Volume VIII, section 3545.
The sword of Washington and the staff of Franklin were presented to
Congress, with addresses by Members. Volume V, section 7100.
The House by resolution accepted the gift of a flag made of American
silk. Volume V, section 7105.
A letter from a foreign artist presenting the Congress a bust of
Lafayette was communicated to the House by message from the President,
and, with that message, appears in the Journal. Volume V, section 7106.
Ceremonies at the presentation of various gifts to Congress. Volume V,
sections 7101-7104.
(12) Observance of Birthday of Washington.
In honor of the centennial birthday of George Washington the two
Houses, by concurrent action, adjourned from February 21 to 23, 1832.
Volume V, section 7075.
The House authorized a special program in commemoration of Washington's
Birthday. Volume VIII, section 3533.
CEREMONIES--Continued.
(12) Observance of Birthday of Washington--Continued.
By concurrent action an invitation was extended to the President of the
United States to address a joint session of the two Houses on the
subject of the birth of George Washington. Volume VIII, section 3532.
Commemoration of the two hundredth anniversary of the birth of Georgia
Washington. Volume VIII, section 3534.
(13) Reception of Distinguished Persons in Joint Meeting.
Ceremonies at the reception of General Lafayette by the House in the
presence of the Senate. Volume V, section 7082.
Form used in presenting Lafayette to the House. Volume V, section 7082.
The Congress, by joint resolution approved by the President, invited
Lafayette to visit America (footnote). Volume V, section 7082.
The House and Senate in joint session received the King of Hawaii.
Volume V, section 7087.
Ceremonies at the joint session to receive General Pershing. Volume
VIII, section 3535.
(14) Reception of Embassies, Military Officers, and Others by the
House.
The embassies of China and Japan were received by the House. Volume V,
sections 7085, 7086.
The address of the ambassador of Japan to the House on the occasion of
the reception of the embassy was ordered to be entered on the Journal.
Volume V, section 7085.
Eminent foreign statesmen have been received informally by the House.
Volume VIII, section 3537.
Eminent Americans have been received informally by the House. Volume
VIII, section 3536.
Eminent American soldiers have been received informally by the House.
Volume V, sections 7076-7079.
A newly appointed Chief Justice of the United States Supreme Court was
received informally by the House. Volume V, section 7080.
Ceremonies at the reception of Louis Kossuth by the House. Volume V,
section 7083.
The entry in the Journal recording the reception of Louis Kossuth by
the House. Volume V, section 7083.
The House formally extended the privileges of the floor to the widow of
President Madison. Volume V, section 7081.
At a special session of the House Charles Stuart Parnell was introduced
by the Speaker and addressed the House. Volume V, section 7084.
(15) Deaths of Speaker and Other Officers.
Ceremonies in memory of a deceased Speaker. Volume V, section 7156.
The death of the Clerk being announced, the House adopted appropriate
resolutions. Volume V, section 7171.
On the announcement of the death of the Doorkeeper, the House took
appropriate action. Volume V, section 7173.
The House appointed a committee to attend the funeral of its deceased
Chaplain. Volume V, section 7172.
In 1838 the House adjourned to attend the funeral of its Doorkeeper.
Volume I, section 266.
Resolution relating to the decease of an official reporter of debates.
Volume V, section 7174.
Form of announcement to the Senate of the death of its Chief Clerk.
Volume V, section 7175.
On the death of an employee of long service, the House appointed a
committee to attend the funeral. Volume VIII, section 3573.
(16) Deaths of Members and Senators.
Form of memorial resolutions for deceased Members. Volume V, section
7157.
Early observances of the House at the decease of Members. Volume V,
sections 7108-7120.
CEREMONIES--Continued.
(16) Deaths of Members and Senators--Continued.
The practice of draping the seat of a deceased Member began as early as
1848. Volume V, section 7160.
The decease of a Member in the Hall of the House has been the occasion
of immediate adjournment. Volume V, sections 7121, 7122.
At the request of a deceased Member, the House did not appoint a
committee or hold memorial exercises, and the Senate was not informed
of his death. Volume V, section 7170.
The death of a Member who has died in recess of Congress is announced
at the beginning of the next session. Volume V, sections 7123-7128.
Form of procedure when the Senate informs the House of the death of a
Senator. Volume V, sections 7131-7133.
Forms of action on death of a Senator and Member-elect who had died in
the recess before the assembling of Congress. Volume V, section 7129.
The House takes notice of the death of a Member-elect as if he had been
duly qualified. Volume VIII, section 3561.
A Senator having died while under conviction of crime no announcement
of his death was made to the Senate. Volume IV, section 4479.
(17) Rare Observances of Deaths of ex-Speakers and ex-Members.
The House has adjourned in memory of an ex-Speaker, who had ceased to
be a Member. Volume V, sections 7139-7141.
The House passed resolutions and adjourned on being informed of the
death of a former speaker. Volume VIII, section 3565.
The House has adjourned in honor of a former Speaker whose death
occurred after he ceased to be a Member. Volume VIII, section 3566.
Form of resolution offered at the death of a former Speaker. Volume
VIII, section 3564.
In rare instances the House has taken action on the occasion of the
decease of a former Member. Volume V, sections 7136-7138.
An exceptional instance in which the House took action on the occasion
of the decease of a distinguished former member. Volume VIII, section
3560.
In a rare instance the Senate recessed on the occasion of the death of
a former Senator. Volume VIII, section 3562.
(18) Funerals of Deceased Members and Senators.
Since the earliest days the expenses of the funerals of Members have
been defrayed from the public funds. Volume V, sections 7142, 7143.
The House sometimes authorizes the funeral of a deceased Member in the
Hall. Volume V, section 7154.
The House sometimes authorizes the funeral of a deceased Member in the
Hall. Volume VIII, section 3567.
Ceremonies at funerals of Members in the Hall of the House in early
days. Volume V, sections 7144-7147.
The Journal entry of a funeral of a Member in the Hall of the House in
early days. Volume V, sections 7144-7147.
Later funeral ceremonies, including the elaborate observances at the
burial of John Quincy Adams. Volume V, sections 7148-7151.
The Journal entry of the funeral of John Quincy Adams. Volume V,
section 7148.
Ceremonies at the funeral of William D. Kelley in 1890. Volume V,
section 7152.
The ceremonies at the State funeral of Nelson Dingley. Volume V,
section 7153.
Ceremonies at the State funeral of a deceased Senator. Volume V,
section 7155. Volume VIII, section 3570.
(19) Eulogies of Deceased Members.
In later years the eulogies of deceased Members of the House and Senate
have occurred after the announcement of the death. Volume V, sections
7164-7167.
CEREMONIES--Continued.
(19) Eulogies of Deceased Members--Continued.
The eulogies of a deceased Member formerly occurred at the time of the
announcement of his death and the adjournment of respect. Volume V,
sections 7158-7163.
Sunday has been made a legislative day for eulogies of deceased
Members. Volume V, sections 7168, 7169.
The later procedure substituting for individual service formerly held
for deceased Members a general memorial service at the close of the
Congress. Volume VIII, section 3571.
General provision of the statutes relating to printing of memorial
addresses, drawings, maps, etc., and editing of documents. Volume V,
section 7317.
(20) Deaths of Presidents of the United States.
Ceremonies in memory of President William Henry Harrison. Volume V,
section 7176.
Ceremonies in honor of President Zachary Taylor, who died during a
session of Congress. Volume V, section 7177.
Ceremonies in memory of President Abraham Lincoln. Volume V, section
7178.
Ceremonies in memory of President James A. Garfield. Volume V, section
7179.
Proceedings and exercises in memory of the late President McKinley.
Volume V, section 7180.
Ceremonies and exercises in memory of President Warren G. Harding.
Volume VIII, section 3575.
(21) Deaths of ex-Presidents of the United States.
Ceremonies upon the announcement of the death of George Washington.
Volume V, section 7181.
The House waited on the President of the United States on the occasion
of the death of George Washington. Volume V, section 7181.
On the occasion of the death of George Washington Congress requested
the people to hold public memorial meetings. Volume V, section 7181.
The House has by appropriate resolutions expressed its respect for the
memories of deceased ex-Presidents of the United States. Volume V,
sections 7185-7188.
Proceedings and exercises in memory of former President Theodore
Roosevelt. Volume VIII, section 3579.
Ceremonies in memory of Calvin Coolidge. Volume VIII, section 3574.
The House has, by appropriate resolutions, expressed its respect for
the memories of deceased ex-Presidents of the United States. Volume
VIII, section 3576.
Ceremonies in memory of Woodrow Wilson. Volume VIII, section 3578.
(22) Deaths of Vice-Presidents and Other Civil Officers.
Ceremonies in memory of deceased Vice-Presidents. Volume V, sections
7189-7193.
Ceremonies in memory of deceased Vice-Presidents. Volume VIII, section
3585.
Ceremonies on the occasion of the deaths of Members of the President's
Cabinet. Volume V, sections 7198-7200.
Ceremonies on the occasion of the deaths of a Chief Justice and
Associate Justices of the Supreme Court of the United States. Volume V,
sections 7194-7197.
Ceremonies on the occasions of the deaths of a Chief Justice and
Associate Justices of the Supreme Court of the United States. Volume
VIII, section 3586.
(23) Deaths of Officers of the Army and Navy.
Observances of the House on occasions of the deaths of high officers of
the Army. Volume V, sections 7201-7207.
Observances of the House on occasions of the deaths of distinguished
officers of the Army and Navy. Volume VIII, section 3592.
The House appointed a committee to attend the transfer of the remains
of General Rosecrans. Volume V, section 7212.
Resolutions in memory of the Admiral of the Navy. Volume V, sections
7208-7210.
CEREMONIES--Continued.
(24) Deaths of Persons not Members of the House or Officers of the
Government.
In rare instances the House has taken notice of the decease of eminent
citizens not of its membership. Volume V, sections 7213-7218.
In rare instances the House has taken notice of the decease of eminent
citizens not of its membership. Volume VIII, section 3595.
In rare instances the House has noticed the decease of a member of the
family of a President or ex-President. Volume V, sections 7182-7184.
In rare instances the House has noticed the decease of a member of the
family of a President or ex-President. Volume VIII, section 3580.
Bills relating to the removal of the remains of distinguished men have
been within the jurisdiction of the house branch of the Joint Committee
on the Library. Volume IV, section 4345.
The House paid honor to the memory of Lafayette by elaborate
ceremonies. Volume V, section 7219.
The oration of John Quincy Adams on the occasion of the death of
Lafayette appears in full in the appendix to the Journal. Volume V,
section 7219.
The House has, in a few cases, paid honor to the memory of champions of
liberty in foreign lands. Volume V, sections 7220-7222.
A resolution of the House expressing regret at the death of a statesman
of a foreign country caused offense to the Government of that country.
Volume V, section 7221.
Adjournment in memory of a deceased sovereign of a foreign nation.
Volume V, section 7223.
Adjournment in honor of memory of the deceased sovereign of a foreign
nation. Volume VIII, section 3597.
(25) Adjournment in Recognition of Calamities.
Instance wherein the House adjourned in sympathy for the people of a
destroyed city. Volume V, section 7224.
The House has extended its sympathies to the sufferers in a fire in a
city of the United States. Volume V, sections 7225, 7226.
(26) The Joint Meeting for the Electoral Count.
Proceedings in relation to the electoral count of 1905. Volume III,
section 1963.
The rule for the seating of officers and Members at a joint session of
the two Houses for counting the electoral vote. Volume III, section
1920.
At the first electoral count held in the Hall of the House the
President of the Senate sat at the right of the Speaker and the
Senators on the right of the Hall. Volume III, section 1930.
The Vice president-elect, as Speaker of the House, participated in the
ceremonies. Volume VI, section 446.
At the electoral count of 1821 a committee was appointed to receive the
President and Members of the Senate at the door and conduct them to
their seats. Volume III, section 1936.
At the electoral count of 1821 the Members of the House arose and stood
uncovered when the Senate entered the Hall. Volume III, section 1936.
At the electoral count of 1853 the Senators and officers participating
were seated with especial care as to order. Volume III, section 1945.
Precedents of the House and Senate in relation to notifying the
President-elect and Vice-President-elect of their elections. Volume
III, section 2000.
(27) The Inauguration of President of the United States.
When March 4 falls on Sunday the inauguration of the President of the
United States occurs at noon, March 5. Volume III, section 1996.
Participation of the House in the inaugural ceremonies in 1909. Volume
VI, section 447.
CEREMONIES--Continued.
(27) The Inauguration of President of the United States--Continued.
Ceremonies participated in by the House at the inauguration of the
President in 1926. Volume VI, section 451.
The concurrent resolution creating a joint committee authorized to
arrange for the quadrennial inauguration ceremonies is considered
sufficient authorization for the necessary appropriations for that
purpose. Volume VI, section 452.
Arrangements for the inauguration of the President of the United States
(but not of the Vice-President) made by a joint committee of the two
Houses. Volume III, sections 1998, 1999.
Review of procedure at the several inaugurations of the Presidents,
with record of the participation of the House therein. Volume III,
sections 1986-1995.
References to the early agitation in the House for a voice in making
arrangements for the inauguration of President. Volume III, section
1996.
Ceremonies at the administration of the oath of office to Millard
Fillmore, President of the United States. Volume III, section 1997.
In appointing a committee to officiate at the administration of the
oath to President Fillmore the Speaker selected the majority, including
the chairman, from the political party of the President, which was the
minority party of the House. Volume III, section 1997.
The Senate constituted its committee to officiate at the administration
of the oath to President Fillmore with a majority from the minority
side of the chamber. Volume III, section 1997.
The entry in the Journal recording the administration of the oath of
office to President Millard Fillmore. Volume III, section 1997.
(28) In Impeachment Trials.--Attendance of the House During Blount's
Trial.
The House did not attend its managers during the Blount impeachment,
even at the judgment. Volume III, section 2318.
The House did not attend the return of summons to William Blount to
appear and answer articles of impeachment. Volume III, section 2307.
The managers who presented the articles impeaching William Blount were
attended by some Members of the House. Volume III, section 2301.
(29) In Impeachment Trials.--Attendance of the House During Pickering's
Trial
The House did not accept the invitation of the Senate to accompany its
managers at the return of summons in Pickering's impeachment. Volume
III, section 2332.
The House attended it managers to the Senate to hear the Senate
pronounce judgment in the Pickering impeachment. Volume III, section
2338.
(30) In Impeachment Trials.--Attendance of the House During Chase's
Trial.
Neither the managers nor the House attended on the appearance of Mr.
Justice Chase in answer to the summons. Volume III, section 2349.
The House determined to attend as a Committee of the Whole the
proceedings of the trial of Mr. Justice Chase. Volume III, section
2350.
Attendance of the House in Committee of the Whole at the ceremonies of
the beginning of Chase's trial. Volume III, section 2351.
Form of proceedings when the House attends an impeachment trial as
Committee of the Whole. Volume III, section 2351.
(31) In Impeachment Trials.--Attendance of the House During Peck's
Trial.
In the Peck trial the House decided to attend its managers at the
presentation of the answer, but not during the trial. Volume III,
section 2373.
The House attended its managers a portion of the time during the Peck
trial, including the days of final argument. Volume III, section 2377.
The House accompanied its managers when the court pronounced judgment
in the Peck impeachment. Volume III, section 2383.
CEREMONIES--Continued.
(31) In Impeachment Trials.--Attendance of the House During Peck's
Trial--Continued.
Form of Journal entry describing the attendance of the House in
Committee of the Whole at the Peck trial. Volume III, section 2374.
The House attended the Peck trial as a Committee of the Whole House
(footnote). Volume III, section 2384.
The subject of attendance with the managers was discussed during the
Peck trial with citation of American and English precedents. Volume
III, section 2377.
(32) In Impeachment Trials.--Attendance of the House During Humphreys's
Trial.
The House being notified that the Senate was ready to receive the
articles impeaching Judge Humphreys the managers attended
unaccompanied. Volume III, section 2390.
On the day set for the appearance of Judge Humphreys the House, in
Committee of the Whole House, attended its managers. Volume III,
section 2392.
Forms observed by the House attending the Humphreys trial as a
Committee of the Whole (footnote). Volume III, section 2392.
(33) In Impeachment Trials.--Attendance of the House During the Trial
of the President.
The Senate having informed the House of its readiness to receive the
managers with the articles impeaching President Johnson, the House as
Committee of the Whole attended its managers to the Senate. Volume III,
section 2419.
The House, by a standing order, determined to attend in Committee of
the Whole the trial of president Johnson. Volume III, section 2427.
The House attended at each session of the trial of the President on
notice from the Senate. Volume III, section 2427.
The House in Committee of the Whole, on notice from the Senate,
attended on the return the day of the summons to President Johnson.
Volume III, section 2424.
The House in Committee of the Whole attended in the Senate during the
voting on the final question in the Johnson trial. Volume III, section
2440.
The House of Representatives was announced when, as a Committee of the
Whole, it attended the trial of the President. Volume III, section
2427.
(34) In Impeachment Trials.--House did not Attend During the Belknap
Trial.
The House did not accompany their managers when articles of impeachment
were presented against Secretary Belknap. Volume III, section 2449.
The House determined, after respondent's answer, that it would be
represented at the Belknap trial by its managers only. Volume III,
section 2453.
(35) In Impeachment Trials.--House Orders Impeachment to be Carried to
the Senate.
Form of the resolution directing the carrying of the Chase impeachment
to the Senate. Volume III, section 2343.
Form of resolution providing for carrying the impeachment of Judge
Humphreys to the Senate. Volume III, section 2385.
Forms of resolutions directing the carrying of the impeachment of
President Johnson to the Senate. Volume III, section 2412.
A message was sent to inform the Senate that a committee would present
the impeachment of President Johnson. Volume III, section 2413.
(36) In Impeachment Trials.--A Committee Carries Impeachment to Senate.
The Pickering impeachment was carried to the Senate by a committee of
two. Volume III, section 2319.
The impeachment of Mr. Justice Chase was carried to the Senate by a
committee of two. Volume III, section 3343.
The impeachment of Judge Peck was carried to the Senate by a committee
of two. Volume III, section 2367.
The impeachment of President Johnson was carried to the Senate by a
committee of two. Volume III, section 2412.
CEREMONIES--Continued.
(36) In Impeachment Trials.--A Committee Carries Impeachment to
Senate--Con.
The impeachment of Secretary Belknap was carried to the Senate by a
committee of five. Volume III, section 2445.
Forms and ceremonies of presenting the Archbald impeachment at the bar
of the Senate. Volume VI, section 501.
The ceremonies of presenting to the Senate the articles of impeachment.
Volume VI, section 515.
(37) In Impeachment Trials.--Declarations, Form, etc., on Presenting in
Senate.
Ceremonies of presenting the Pickering impeachment at the bar of the
Senate. Volume III, section 2320.
Form of declaration used by the committee in presenting the impeachment
of Mr. Justice Chase in the Senate. Volume III, section 2343.
Forms and ceremonies of carrying the impeachment of Judge Peck to the
Senate. Volume III, section 2367.
The ceremonies of presenting the impeachment of President Johnson at
the bar of the Senate. Volume III, section 2413.
Form of declaration by the chairman of the House committee in
presenting the impeachment of President Johnson in the Senate. Volume
III, section 2413.
Ceremonies and forms of presenting the impeachment of Secretary Belknap
at the bar of the Senate. Volume III, section 2446.
Forms and ceremonies for carrying of the impeachment of Judge Delahay
to the Senate. Volume III, section 2505.
Forms and ceremonies of presenting the Swayne impeachment in the
Senate. Volume III, section 2473.
(38) In Impeachment Trials.--House Directs Managers to Exhibit
Articles.
Forms of resolutions directing the manages to exhibit in the Senate the
articles of impeachment against Mr. Justice Chase. Volume III, section
2345.
Forms of resolutions providing for carrying to the Senate the article
impeachment Judge Peck. Volume III, section 2368.
Forms of resolutions providing for carrying to the Senate the articles
impeaching President Johnson and notifying the Senate thereof. Volume
III, section 2417.
Forms of resolutions providing for presenting in the Senate the
articles impeaching Secretary Belknap. Volume III, section 2448.
(39) In Impeachment Trials.--Senate Prescribes Forms, etc., for
Receiving Managers.
The managers being introduced in the Senate, and having signified their
readiness to exhibit articles of impeachment, the Presiding Officer
directs proclamation to be made. Volume III, section 2126.
Forms of proclamation made by the Sergeant-at-Arms when managers bring
articles of impeachment to the Senate. Volume III, section 2126.
Rules established by the Senate to prescribe ceremonies for receiving
House managers presenting articles in Blount's case. Volume III,
section 2301.
The ceremonies of presenting to the Senate the articles of impeachment
of William Blount in 1797. Volume III, section 2301.
The Senate prescribed by rule that ceremonies for receiving the House
managers to present articles of impeachment against Judge Pickering.
Volume III, section 2326.
Rule of the Senate prescribing forms and ceremonies for receiving
managers in presenting articles of Impeachment against Judge Pickering.
Volume III, section 2325.
Form of proclamation made by the Sergeant-at-Arms, under direction of
the President, when the managers presented articles in the Pickering
impeachment. Volume III, section 2326.
Ceremonies of presenting the articles against Judge Pickering before
the high court of impeachment. Volume III, section 2328.
CEREMONIES--Continued.
(39) In Impeachment Trials.--Senate Prescribe Forms, etc., for
Receiving Managers--Continued.
The Senate as a court adopted a rule prescribing the ceremonies at the
presentation of articles impeaching Mr. Justice Chase. Volume III,
section 2345.
The Senate notified the House of the day and hour when it would receive
the managers to exhibit the articles impeaching Mr. Justice Chase.
Volume III, section 2345.
Ceremonies at the presentation of the articles before the high court of
impeachment in the Chase case. Volume III, section 2346.
The Senate adopted a rule prescribing ceremonies for receiving as a
court the articles impeaching Judge Peck. Volume III, section 2369.
Form of proclamation of the Sergeant-at-Arms when articles of
impeachment against Judge Peck were to be presented. Volume III,
section 2369.
The Senate followed the precedents in adopting rules prescribing forms
and ceremonies for receiving the articles in the Humphreys impeachment.
Volume III, section 2389.
Forms of oath taken and proclamations made in the court opened to
receive the articles impeaching Judge Humphreys. Volume III, section
2389.
The ceremonies of presenting the articles impeaching President Johnson
at the bar of the Senate. Volume III, section 2420.
At the presentation of the articles impeaching President Johnson the
Speaker was, by order of the Senate, escorted to a seat beside the
President pro tempore. Volume III, section 2420.
Ceremonies and forms in presenting in the Senate the articles
impeaching Secretary Belknap. Volume III, section 2449.
Ceremonies of the exhibition of the articles impeaching Judge Swayne.
Volume III, section 2476.
(40) In Impeachment Trials.--Managers Read the Articles
The managers having read the articles impeaching William Blount, the
Sergeant-at-Arms received them and laid them on the Senate table.
Volume III, section 2301.
Announcement of the chairman of the House managers in presenting to the
Senate the articles against William Blount. Volume III, section 2301.
In presenting to the court the articles impeaching Mr. Justice Chase
the chairman of the managers read them and then delivered them at the
table. Volume III, section 2346.
The article of impeachment on the Peck case was read by the chairman of
the managers and appears in full on the journal of the trial. Volume
III, section 2370.
Having laid the article impeaching Judge Peck on the Senate table the
managers returned and reported verbally to the House. Volume III,
section 2370.
The articles impeaching Judge Humphreys and their presentation. Volume
III, section 2390.
(41) In Impeachment Trials.--Sitting of the Senate for Trial.
Proclamation made by the Sergeant-at-Arms at the opening of the Chase
trial for presentation of evidence. Volume III, section 2353.
Description of the arrangement of the Senate Chamber for the Chase
trial. Volume III, section 2351.
Form of proclamation of Sergeant-at-Arms enjoining silence at the
opening of the high court of impeachment for the Peck trial. Volume
III, section 2371.
The sessions of the Senate for the trial of the President were opened
by proclamation. Volume III, section 2427.
After the oath had been administered to the Senators sitting for the
trial of President Johnson, the Sergeant-at-Arms was directed to make
proclamation. Volume III, section 2422.
Forms and ceremonies of opening the proceedings of the Senate on a day
of the Belknap trial. Volume III, section 2464.
CEREMONIES--Continued.
(42) In Impeachment Trails.--Regulation of Forms, etc.
The Senate committee advised in Pickering's case that the Senate had
the sole power to regulate forms, substances, and proceedings when
acting as a court of impeachment. Volume III, section 2324.
During an impeachment trial the presiding officer on the trial directs
all forms not otherwise specially provided for. Volume III, section
2084.
The preparations in the Senate Chamber for an impeachment trial are
directed by the Presiding Officer of the Senate. Volume III, section
2084.
By the rules for the Pickering trial the President of the Senate was
given general authority to direct forms of proceeding not otherwise
provided for. Volume III, section 2331.
(43) In Impeachment Trials.--Inducting the Chief Justice at the Trial
of the President.
When the Chief Justice is to preside at an impeachment trial the
Presiding Officer of the Senate is required by rule to give him notice
of time and place, and request his attendance. Volume III, section
2082.
The ceremonies of inducting the Chief Justice and organizing the Senate
for the trial of President Johnson. Volume III, section 2422.
Resolution providing for introduction of the Chief Justice and the
organization of the Senate for the trial of President Johnson. Volume
III, section 2421.
The notice to the Chief Justice to meet the Senate for the trial of
President Johnson was delivered to a committee of three Senators, who
were his escort also. Volume III, section 2421.
During the trial of the President the Chief Justice was escorted to the
Chair by the chairman of a committee of the Senate. Volume III, section
2427.
(44) In Impeachment Trials.--The Demand that Process Issue.
Ceremonies of demanding that process issue in the Swayne impeachment.
Volume III, section 2478.
The ceremony of formal demand by the managers that process issue in the
trial of the Archibald impeachment. Volume VI, section 503.
(45) In Impeachment Trials.--Return of Writ of Summons.
Proceedings on the return of the writ of summons in the Swayne
impeachment. Volume III, section 2479.
Ceremonies at the return of the summons to President Johnson to appear
and answer the articles of impeachment. Volume III, section 2424.
Ceremonies and forms of the return of the writ of summons against
Secretary Belknap. Volume III, section 2452.
(46) In Impeachment Trials. Appearance and Answer of Respondent.
Rule framed to govern ceremonies for appearance and answer for
respondent in the Pickering impeachment. Volume III, section 2331.
Ceremonies at the calling of Judge Pickering to answer the articles of
impeachment. Volume III, section 2332.
Ceremonies at the appearance of Judge Peck in response to the writ of
summons. Volume III, section 2371.
Arrangement of the Hall and ceremonies at the presentation of Judge
Peck's answer. Volume III, section 2374.
Forms of oath, proclamation, and ceremonies at the calling of Judge
Humphrey to appear and answer articles of impeachment. Volume III,
section 2332.
Forms and ceremonies in the Senate at the session for receiving
respondent's answer in the Swayne case. Volume III, section 2480.
(47) In Impeachment Trials.--Presentation of the Replication.
The replication in the Chase case was read to the Senate by the
chairman of the managers. Volume III, section 2352.
CEREMONIES--Continued.
(47) In Inpeachment Trials.--Presentation of the Replication--
Continued.
Form of replication of Judge Peck's answer, and forms of resolutions
providing for its presentation. Volume III, section 2375.
Forms and ceremonies of presenting in the Senate the replication in the
Belknap trial. Volume III, section 2454.
(48) In Impeachment Trials.--In General.
The managers were announced when they attended in the Senate for the
trial of the President, but the counsel for respondent entered
unannounced. Volume III, section 2427.
The Senators occupied their usual seats during the Johnson trial.
Volume III, section 2110.
Forms and ceremonies in the Swayne trial during the presentation of
testimony. Volume III, section 2483.
A report of the acquittal of Judge Peck was made in the House in the
report of the Chairman of the Committee of the Whole. Volume III,
section 2384.
CERTIFICATES.
(1) In House procedure.--Of compensation of Members.
(2) In House procedure.--Of the passage of bills.
(3) In House procedure.--By the Speaker as to a contumacious witness.
(4) In House procedure.--In jurisdiction of a committee.
(5) Electoral.--Transmittal to Congress.
(6) Electoral.--Objections to, at electoral count.
(7) Electoral.--Defective.
(8) Electoral.--Conflicting.
(9) To State of representation to which entitled.
(1) In House Procedure.--Of Compensation of Members.
The Speaker during sessions and the Clerk during recess of Congress
certifies to the compensation of Members, and the Speaker certifies as
to mileage. Volume II, section 1156.
Certificates of salary and mileage of Members may be signed for the
Speaker by a designated employee. Volume II, section 1157.
A certificate issued by the Speaker of the House of Representatives
within the meaning of sections 47 and 48 of the Revised Statutes and as
such in conclusive upon the accounting officers of the Treasury. Volume
VI, section 202.
(2) In House Procedure.--Of the Passage of Bills.
The Clerk is required to certify to the passage of all bills and joint
resolutions. Volume I, section 251.
(3) In House Procedure.--By the Speaker as to a Contumacious Witness.
The statutes provide that the fact of a witness's contumacy shall be
certified by the Speaker under seal of the House to the district
attorney of the District of Columbia. Volume III, section 1769.
An instance wherein the Speaker announced that he had certified to the
district attorney the case of a contumacious witness. Volume III,
section 1686.
Although the House imprisoned Walcott for contempt, the Speaker also
certified the case to the district attorney in pursuance of law. Volume
III, section 1672.
The Speaker, without order of the House and under the law, certifies
the case of contumacious witness to the district attorney, but the
Journal may contain no record of his act. Volume III, section 1691.
While certification of a contumacious witness to the district attorney
for contempt is administrative, a motion authorizing certification has
been admitted. Volume VI, section 336.
A witness having declined to answer a pertinent question before a
committee charged with an investigation, the House directed the Speaker
to certify that fact to the United States district attorney. Volume VI,
section 385.
Certifications--Continued.
(3) In House Procedure.--By the Speaker at to a Contumacious Witness.--
Continued.
For declining to testify or to obey a subpoena duces tecum commanding
him to produce certain papers, Harry F. Sinclair was certified to the
district attorney for contempt. Volume VI, section 336.
For testifying falsely before a congressional committee of
investigation a witness was certified to the district attorney and
indicted by a Federal grand jury. Volume VI, section 355.
A witness having refused to answer certain questions propounded to him
by a special committee of the Senate duly authorized to investigate the
subject of inquiry, the Senate issued a warrant for the arrest and
certified its committee's report of the circumstances to the district
attorney. Volume VI, section 346.
The Journal contains no reference to the act of the Speaker in
certifying the cases of the witness Kilbourn to the district attorney.
Volume II, section 1609.
In 1894 the certification of alleged cases of contempt before a Senate
Committee was made without action of the Senate declaring the witnesses
in contempt. Volume II, section 1612.
(4) In House Procedure.--In Jurisdiction of a Committee.
The Jurisdiction of the subject of the issue of silver certificates as
currency was given to the Committee on Banking and Currency. Volume IV,
sections 4087, 4088.
(5) Electoral.--Transmittal to Congress.
The statutes provide for transmitting the certificates of the action of
the electors in each State to the President of the Senate. Volume III,
section 1916.
The statutes provide for transmitting the certificates of the action of
the electors in each State to the President of the Senate. Volume VI,
section 440.
The Secretary of State is required to transmit to Congress copies of
certificates received from the State executives relating to the
appointment of presidential electors. Volume VI, section 439.
The Secretary of State having failed to receive from a State a separate
certificate of the final ascertainment of electors, transmitted in lieu
thereof a photostat copy which had been appended to the certificate of
the electors; and subsequent to the counting of the electoral vote
forwarded to the Senate the missing certificate which was substituted
for the photostat copy on file. Volume VI, section 445.
Certificates of the votes of the electors in the several States for
President and Vice-President are transmitted to the President of the
Senate, who may in case of delay send for them. Volume III, section
1917.
The executive of each State is charged with the duty of transmitting to
the Secretary of State of the United States a certificate of the
appointment of electors and the names and votes, and of delivering a
similar certificates to the electors. Volume III, section 1915.
The executive of each State is charged with the duty of transmitting to
the Secretary of State of the United States a certificate of the
appointment of electors and the names and votes; and of delivering a
similar certificates to the electors. Volume VI, section 439.
The Secretary of State is required to transmit to Congress copies of
certificates received from the State executives relating to the
appointment of Presidential electors. Volume III, section 1915.
It is the duty of the executive of any State wherein there may be a
controversy as to the appointment of electors to transmit to the
Secretary of State of the United States a certificate of the
determination thereof. Volume III, section 1915.
It is the duty of the executive of any State wherein there may be a
controversy as to the appointment of electors to transmit to the
Secretary of State of the United States a certificate of the
determination thereof. Volume VI, section 1439.
CERTIFICATES.--Continued.
(6) Electoral--Objections to, at Electoral Count.
In case of objection to an electoral certificate, or in case of
conflicting certificates, the Senate retires and the two Houses
consider the matter separately. Volume III, section 1918.
It was held not to be competent to go behind the official certificates
and papers to prove the alleged disqualifications of certain Louisiana
members of the electoral college of 1877. Volume III, section 1972.
When, during the electoral count of 1873, the two Houses, separated to
consider objections, the Vice-President, who had custody of the
documents, left with the House duplicates of electoral certificates.
Volume III, section 1951.
(7) Electoral.--Defective.
At the electoral count of 1809 an informality in a certificate from one
of the States was noticed, but no action was taken in relation to it.
Volume III, section 1933.
In 1873 objections were made to the electoral vote of Texas, on the
ground of a defective certificate and because less than an assumed
quorum of the electors had acted, but the vote was counted. Volume III,
section 1970.
In 1873 objection was made both to the substance and form of the
electoral certificate of Arkansas, and the two HouseS disagreeing the
vote was not counted. Volume III, section 1969.
In 1873 there was objection to the electoral vote of Mississippi
because of alleged informalities and deficiencies in the certificate,
but the vote was counted. Volume III, section 1966.
(8) Electoral.--Conflicting.
There being conflicting electoral certificates from Oregon in 1877, the
Electoral Commission decided in favor of the electors whom the
secretary of State legally certified as having the highest number of
votes, although the governor had issued a certificate to others. Volume
III, section 1975.
Conflicting electoral certificates being presented from Florida in 1877
a decision was reached that the regularly signed certificate from the
governor, acting at the time the vote were cast, should stand. Volume
III, section 1971.
In 1873 the electoral vote of Louisiana was rejected, objections having
been made because of conflicting certificates and on other grounds.
Volume III, section 1968.
(9) To State of Representation to Which Entitled.
On failure of the Congress to apportion, the Clerk certifies to each
State executive the number of Representatives to which the State is
entitle under the law. Volume VI, section 43.
Form of the first certificate of notification under the law of 1929.
Volume VI, section 43.
CERTIFIED COPIES.
When leave is given for the withdrawal of a paper from the files of the
House a certified copy of it is to be left in the office of the Clerk.
Volume V, section 7526.
CESSION OF TERRITORY.
In 1820 the House considered, but without result, its constitutional
right to a voice in any treaty ceding territory. Volume II, section
1507.
CESSNA, ELECTION CASE OF.
The Pennsylvania election case of Cessna v. Myers in the Forty-second
Congress. Volume II, sections 885, 886.
CESSNA, JOHN, of Pennsylvania, Speaker Pro Tempore.
On an uncontradicted assertion that a Member recorded as voting had not
been present and had not voted the Chair directed the name to be
stricken from the list of those voting. Volume V, section 6097.
CHAIRMAN.
(1) Of the House during organization.
(2) Of a standing or select committee.--Selection of.
(3) Of a standing or select committee.--Usually submits the reports.
(4) Of a standing or select committee.--Prior recognition for debate
and motions.
(5) Of a standing or select committee.--Administers oaths.
(6) Of a standing or select committee.--In general.
(7) Of select committee.--Mover of, not necessarily appointed.
(8) Of select committee.--Rare instance of appointment of a Delegate
as.
(9) Of joint select committee.--Designation of.
(10) Of managers of an impeachment.--Selection of.
(11) Of managers of an impeachment.--General duties.
(12) Of Committee of the Whole.--Appointment of.
(13) Of Committee of the Whole.--Authority to preserve order.
(14) Of Committee of the Whole.--Decides questions of order.
(15) Of Committee of the Whole.--In relation to recognition for debate.
(16) Of Committee of the Whole.--Authority in relation to rising.
(17) Of Committee of the Whole.--Reports of, generally.
(18) Of Committee of the Whole.--Reports after attending impeachment
trials.
(19) Of Committee of the Whole.--Administers oaths.
(20) Of Committee of the Whole.--In relation to vote by tellers.
(21) Of Committee of the Whole.--In relation to quorum.
(1) Of the House During Organization.
The Clerk of the last House having declined to put any motions except
the motion to adjourn during organization of the new House, the
Members-elect chose one of their number chairman. Volume I, section 67.
In 1837 a proposition was made that the Members-elect choose one of
their number preside during organization, but it was laid on the table
and the Clerk of the last House continued to act. Volume I, section 66.
(2) Of a Standing or Select Committee.--Selection of.
The chairmanship of a committee is determined by seniority, by election
by the committee, or, in case of the death of the chairman, by
appointment by the Speaker. Volume IV, section 4513.
The House elects as chairman of each standing committee one of the
members thereof at the commencement of each Congress. Volume VIII,
section 2201.
The chairman of a committee having resigned his seat in the House the
committee elected a chairman. Volume IV, section 4529.
The chairman of a committee having resigned his seat in the House, the
Speaker, by consent of the House, appointed a chairman. Volume IV,
section 4530.
In event of a permanent vacancy in the chairmanship of a committee the
House elects a successor. Volume VIII, section 2201.
In filling vacancies in chairmanships of committees the House has
usually, but not invariably, followed the rule of seniority and elected
the next ranking member of the committee. Volume VIII, section 2202.
It has been decided that it is not necessary for a committee to report
to the House the election of a chairman. Volume IV, sections 4526-4528.
A committee having elected a chairman has sometimes reported that fact
to the House. Volume IV, sections 4524, 4525.
The chairman of a committee, with the permission of the House, may
resign as chairman, still remaining a member of the committee. Volume
IV, sections 4531, 4532.
In the temporary absence of the chairman the member next in rank acts
as chairman without special authorization from the committee. Volume
VIII, section 2204.
CHAIRMAN--Continued.
(3) Of a Standing or Select Committee.--Usually Submits the Reports.
A committee may order its report to be made by the chairman or by any
other of its members. Volume IV, section 4669.
The chairman of a committee, acting as its organ, sometimes submits a
report in which he has not concurred. Volume IV, sections 4670, 4671.
The chairman of a committee having made a report to the House in
accordance with the instruction of his committee may not withdraw it
except by consent of the House. Volume IV, section 4690.
Instructions to report ``forthwith'' accompanying a motion to recommit
must be complied with, and the chairman of the committee or one for him
must actually report the bill back to the House as instructed. Volume
VIII, section 2730.
The committee to which a bill is recommitted with instructions to
report ``forthwith'' takes no action thereon, and the chairman or some
Member acting for him immediately reports the bill to the House as
instructed. Volume VIII, section 2732.
A motion to recommit with instructions to report forthwith having been
agreed to, the chairman of the committee to which referred at once
reports the bill in conformity with the instructions and the report is
before the House for immediate consideration. Volume VIII, section
2735.
(4) Of a Standing or Select Committee.--Prior Recognition for Debate
and Motions.
The chairman of the committee in charge of a bill is entitled at all
stages to prior recognition for allowable motions intended to expedite
the bill. Volume II, sections 1457, 1458.
The chairman of the committee which reported a bill is entitled to
prior recognition when the Senate amendments thereto are debated.
Volume II, section 1452.
The 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. Volume II, section 1450.
The chairman of a committee having in committee opposed a bill must in
the House yield prior recognition to a member of his committee who has
favored the bill. Volume II, section 1449.
In the Committee of the Whole House the chairman of the standing
committee reporting business in order on the current day is entitled to
prior recognition to offer motions relative to the order of business,
but such motions being rejected, the right to recognition passes to the
leading Member in opposition. Volume VIII, section 2865.
While the motion to lay on the table is not debatable, the chairman of
a committee rephrting a proposition to the House with the
recommendation that it be laid on the table is entitled to recognition
for debate before moving to lay on the table. Volume VI, section 412.
(5) Of a Standing or Select Committee.--Administers Oaths.
The Speaker, the Chairman of the Committee of the Whole, or any other
committee, or any Member may administer oaths to witnesses in any case
under examination. Volume III, section 1769.
An instance wherein the chairman of an investigating committee
administered the oath to himself and testified. Volume III, section
1821.
Instance where the House by resolution proposed to authorize a chairman
of a subcommittee to administer oaths. Volume IV, section 4548.
(6) Of a Standing or Select Committee.--In General.
A charge that the chairman of an investigating committee had suppressed
evidence was presented as a matter of privilege. Volume III, section
1786.
An instance where the chairman of a select committee complained that
the majority of his committee had adjourned and thereby were failing to
perform the duty assigned them by the House. Volume IV, section 4518.
CHAIRMAN--Continued.
(6) Of a Standing or Select Committee.--In General--Continued.
Clerks of committees are appointed by the chairman, with the approval
of the committee, and are paid at the public expense. Volume IV,
section 4533.
Clerks and other employees of committees are appointed by the chairman,
with the approval of the committee, and are paid at the public expense.
Volume VIII, section 2206.
As to the allowances for clerk hire to the chairman of the temporary
Committee on Accounts. Volume V, section 7237.
The chairman of the temporary committee on accounts is authorized to
appoint and dismiss clerks or other employees of his committee. Volume
VIII, section 2207.
Where not otherwise provided, committees meet at the call of the
chairman, and in his absence, or inability to serve, at the call of the
ranking member acting under his authorization. Volume VIII, section
2214.
In the temporary absence of the chairman the member next in rank in the
order named in the election of the committee serves as acting chairman.
Volume VIII, section 2201.
Where a committee has a fixed date of meeting a quorum of the committee
may convene on such date without call of the chairman and transact
business regardless of his absence. Volume VIII, section 2214.
A committee may act when together only, but having convened at a
regularly constituted meeting may delegate to its chairman or to
members of the committee duties to be performed within their
discretion. Volume VIII, section 2210.
Prior to adjudication by the courts, the House took no note of criminal
proceedings brought against a Member, and retained him in his position
as a chairman of a committee. Volume VIII, section 2205.
A member under criminal indictment retained his position as chairman of
a committee but refrained from active participation in legislative
proceedings pending judicial determination. Volume VIII, section 2205.
Where chairmen are defeated or where they voluntarily vacate, their
successors may move into committee rooms at once. Volume VIII, section
3655.
Ex-chairmen who remain Members of the House are not required to move
until the new chairman is confirmed. Volume VIII, section 3655.
Assignment of a new room to a Member on his request, or his appointment
as chairman of a committee having a committee room, shall operate as a
relinquishment of any room previously assigned to him. Volume VIII,
section 3648.
Rooms of newly appointed chairmen of committees do not become vacant
until their appointment is confirmed by the House at the opening of
Congress and Members assigned to their rooms on March 4 are not
entitled to possession until the new chairman vacates. Volume VIII,
section 3655.
The patronage of the House, exclusive of the committee assignments, is
divided as equitably as may be among the majority members exclusive of
chairmen, the amount assigned to the individual member varying with the
size of the party majority. Volume VIII, section 3627.
Chairmen of committees control the patronage of their respective
committees and do not participate in the general distribution. Volume
VIII, section 3627.
(7) Of Select Committee.--Moreover of, not Necessarily Appointed.
It was the earlier usage of the House that the Member moving a select
committee should be appointed its chairman. Volume IV, sections 4515-
4516.
The inconvenience of the usage that the proposer of a committee should
be its chairman has caused it to be disregarded in modern practice.
Volume IV, sections 4517-4519.
In appointing committees of investigation it is obviously necessary to
disregard the former usage that the proposer of the committee should be
its chairman. Volume VI, section 400.
CHAIRMAN--Continued.
(7) Of Select Committee.--Mover of, not Necessarily Appointed--
Continued.
In appointing committees of investigation it is evidently necessary to
disregard the former usage that the proper of the committee should be
its chairman. Volume IV, sections 4520-4523.
An illustration of the inconvenience of the former practice of making
the Member proposing a select committee its chairman. Volume IV,
section 4671.
A Member who had moved an investigation requested that he be not
appointed one of the committee, as he would have to appear as a
witness. Volume III, section 1827.
Instance wherein the Member proposing a committee of investigation was
appointed chairman. Volume II, section 1275.
The Member proposing the committee to investigate the Bank of the
United States in 1832 was appointed chairman of the committee. Volume
IV, section 4474.
Mr. John Randolph, who had moved the Chase investigation, was made
chairman of the committee. Volume III, section 2342.
Instance wherein the appointment of the mover of an investigation as
chairman of the committee caused debate. Volume II, section 1596.
(8) Of Select Committee.--Rare Instance of Appointment of a Delegate
as.
A Delegate has been appointed chairman of a select committee. Volume
II, section 1299.
A Delegate was appointed chairman of a committee to inquire into the
conduct of a judge, and was authorized by the House to cause testimony
to be taken. Volume II, section 1303.
(9) Of Joint Select Committee.--Designation of.
The first named of the Senate Members acted as chairman of the Joint
Committee on Conduct of the War. Volume IV, section 4424.
An instance wherein a joint select committee elected its chairman.
Volume IV, section 4447.
(10) Of Managers of an Impeachment.--Selection of.
Usage of the House in the selection of chairman of the managers of an
impeachment (footnote). Volume III, section 2417.
Mr. Speaker Colfax held that when managers of an impeachment were
elected by ballot the managers and not the House chose the chairman.
Volume III, section 2417.
Method of designating the chairman of the managers in the Belknap
impeachment. Volume III, section 2448.
The chairman of managers on an impeachment having ceased to be a
Member, the next in order succeeded to the chairmanship. Volume III,
section 2306.
(11) Of Managers of an Impeachment.--General Duties.
Form of declaration of the chairman of the managers of their readiness
to present to the Senate the articles impeachment President Johnson.
Volume III, section 2420.
Announcement of the chairman of the House managers in presenting to the
Senate the articles against William Blount. Volume III, section 2301.
The article of impeachment in the Peck case was read by the chairman of
the managers and appears in full on the Journal of the trial. Volume
III, section 2370.
The articles impeaching President Johnson were read by the chairman of
the managers and delivered at the table of the Secretary. Volume III,
section 2420.
The articles of impeachment, signed by the Speaker and attested by the
Clerk, after being read by the chairman of the managers, were handed to
the Secretary of the Senate. Volume VI, section 501.
The chairman of the managers having read the articles impeaching
Secretary Belknap, laid them on the table of the Senate. Volume III,
section 2449.
The replication in the Chase case was read to the Senate by the
chairman of the managers. Volume III, section 2352.
CHAIRMAN--Continued.
(12) Of Committee of the Whole.--Appointment of.
In forming a Committee of the Whole the Speaker leaves the chair after
appointing a chairman to preside. Volume IV, section 4704.
Instance wherein one not a member of the majority party was called to
preside in the Committee of the Whole. Volume VI, section 264.
Women presiding in the House or in the Committee of the Whole are
properly addressed as ``Madam Speaker'' and ``Madam Chairman''
respectively. Volume VI, section 284.
(13) Of Committee of the Whole.--Authority to Preserve Order.
The Chairman of the Committee of the Whole may cause the galleries or
lobby to be cleared in case of disturbance or disorderly conduct
therein. Volume IV, section 4704.
The Sergeant-at-Arms attends the sittings and, under direction of the
Speaker of Chairman of the Committee of the Whole, maintains order.
Volume I, section 257.
The Sergeant-at-Arms attends the sitting of the House, and under
direction of the Speaker or Chairman maintains order. Volume VI,
section 29.
A Member having defied and insulted the Chairman of the Committee of
the Whole, the chairman left the chair and, on the chair being taken by
the Speaker, reported the facts to the House. Volume II, section 1653.
A Member having defied the authority of the Chairman in Committee of
the Whole, the latter directed the committee to rise, and after the
Speaker had taken the chair, reported the occurrence to the House.
Volume II, section 1350.
The Committee of the Whole having risen and reported that its
proceedings had been disturbed by disorder, the Speaker restored order
and the committee resumed its sitting. Volume II, section 1351.
Members who had committed an assault in Committee of the Whole
apologized to the House, although the chairman of the committee had
made no report of the occurrence. Volume II, section 1652.
In 1844 the Speaker took the chair to quell disorder which had arisen
in Committee of the Whole, whereupon the Chairman stated to the House
the facts as to the disorder. Volume II, section 1651.
While the Committee of the Whole does not control the Record, the
Chairman, in the preservation of order, may direct the exclusion of
disorderly words spoken by a Member after he has been called to order.
Volume V, section 6987.
A Member persisting in irrelevant debate in Committee of the Whole
House on state of the Union after being called to order by the Chairman
was required to relinquish the floor. Volume VIII, section 2594.
(14) Of Committee of the Whole.--Decides Questions of Order.
Questions of order relating to procedure (as distinguished from cases
of disorder or contempt) arising in Committee of the Whole are decided
by the Chairman, and the Speaker has declined to consider them. Volume
V, sections 6927, 6928.
The Chairman of the Committee of the Whole has declined to consider a
question of order arising in the House just before the committee began
to sit. Volume IV, sections 4725, 4726.
On an appeal from a decision of the chairman in a committee the Chair
voted to sustain his ruling, thereby producing a tie, and so the
decision was sustained. Volume IV, section 4569.
It is within the discretion of the Chairman as to whether he will
vacate the chair on an appeal from his decision. Volume VIII, section
3101.
Debate on an appeal from the decision of the Chair in the Committee of
the Whole proceeds under the five-minute rule. Volume VIII, section
2375.
Debate on appeal in the Committee of the Whole is under the five-minute
rule, and is within the discretion of the Chair. Volume VIII, section
2347.
CHAIRMAN--Continued.
(14) Of Committee of the Whole.--Decides Questions of Order--Continued.
An appeal from the decision of the Chair is debatable both in the House
and in the Committee of the Whole, but debate may be closed in the
House by a motion to lay on the table and in the Committee of the Whole
by a motion to close debate or to rise and report. Volume VIII, section
3453.
The Chairman of the Committee of the Whole having taken an active part
in the discussion of a point of order, the question was by unanimous
consent passed over to be later raised in the House. Volume VII,
section 1527.
It is for the House and not for the Chairman of the Committee of the
Whole to determine the privileges of a Member under general leave to
print in the Congressional Record. Volume V, section 6988.
It is not within the province of the Chairman to decide on the
parliamentary character of words taken down on demand in Committee of
the Whole. Volume VIII, section 2533.
Reflection upon the motives actuating the Chairman of the Committee of
the Whole in rendering a decision constitutes a breach of order. Volume
VIII, section 2515.
The Committee of the Whole declined to heed an appeal that it overrule
its Chairman in order to place legislation urged as desirable on an
appropriation bill. Volume IV, section 3820.
Instances wherein decisions of a Chairman of the Committee of the Whole
have been overruled. Volume IV, sections 3968, 4748.
(15) Of Committee of the Whole.--In Relation to Recognition for Debate.
Under the rules only the Speaker or Chairman may recognize for debate,
but by unanimous consent the time is sometimes controlled by the two
Members in charge of the contentions on the floor. Volume V, section
5003.
Time for general debate in Committee of the Whole having been fixed by
the House without provision for its control is dispensed under the
rules governing debate in the House and each Member recognized by the
Chairman is entitled to one hour. Volume VIII, section 2549.
Under a special order providing for equal division of time for debate
between those favoring and those opposing a bill, without designating
who should control the time, it was held to be within the discretion of
the Chair to recognize a Member supporting and a Member opposing the
measure, each of whom should respectively control half of the time.
Volume VII, section 785.
When, after a speech in favor of an amendment under the five-minute
rule, no one claimed the floor in opposition, the Chairman recognized
another Member favoring the amendment. Volume VIII, section 2557.
When time for debate under the five-minute rule is limited in Committee
of the Whole without provision for its control, the Chairman divides
the time, where practicable, between those favoring and those opposing
the proposition. Volume VIII, section 2558.
The committee having voted to close debate at a stated hour the Chair
announces the close of debate at that time notwithstanding intervening
time has been consumed without debate. Volume VIII, section 2325.
In recognizing for debate under the Calendar Wednesday rule, preference
is given Members of the committee reporting the bill; if no Member of
the committee claims the time in opposition, the Chair may recognize
any Member for that half of the time. Volume VII, section 959.
Debate in the Committee of the Whole on District day properly
alternates between those favoring and those opposing the pending
proposition and to insure alternation the chairman sometimes ascertains
the attitude of members seeking recognition. Volume VII, section 875.
Debate on an appeal from the decision of the Chair in the Committee of
the Whole proceeds under the five-minute rule. Volume VIII, section
2375.
CHAIRMAN--Continued.
(15) Of Committee of the Whole.--In Relation to Recognition for
Debate--Continued.
Debate on appeal in the Committee of the Whole in under the five-minute
rule, and is within the discretion of the Chair. Volume VIII, section
2347.
In recognizing for debate on an appeal in the Committee of the Whole
the Chairman alternates between those favoring and those opposing.
Volume VIII, section 3455.
Debate on a point of order is for the information of the Chair, and
therefore within his discretion. Volume VIII, section 3446.
The rule forbidding the Speaker to entertain requests for the
suspension of the rule relating to admission to the floor is held to
apply also to the Chairman of the Committee of the Whole. Volume V,
section 7285.
The Chairman of the Committee of the Whole which last reports a bill
does not thereby become entitled to prior recognition in debate. Volume
II, section 1453.
(16) Of Committee of the Whole.--Authority in Relation to Rising.
The Committee of the Whole being in session at the hour fixed for the
daily meeting of the House it rests with the committee and not the
Chairman to determine whether or not it will rise. Volume V, sections
6736, 6737.
The hour previously fixed for the adjournment of the House arriving
while the Committee of the Whole is still in session the Chairman may
direct the committee to rise and make its report as though the
committee had risen on motion in the regular way. Volume IV, section
4785.
It is in order for any member of the Committee of the Whole to move to
rise and the Chairman is constrained to recognize for that purpose.
Volume VIII, section 2369.
The hour fixed by the House for termination of the consideration of a
bill in the Committee of the Whole having arrived, the Chairman directs
the committee to rise and makes his report as if the committee had
risen in the regular way. Volume VIII, section 2376.
Under provisions of a special rule for the consideration of a bill, the
Chairman of the Committee of the Whole declared the committee in
session from day to day without the House having adjourned, recessed,
or convened, and without the Speaker appearing in the chair. Volume
VIII, section 3360.
(17) Of Committee of the Whole.--Reports of, Generally.
Form of report of Chairman of Committee of the Whole. Volume IV,
section 4898.
A Committee of the Whole has directed its Chairman to report not only
the bill under consideration, but a resolution describing and proposing
action in relation to an alleged breach of privilege. Volume V, section
6986.
A Committee of the Whole having reported not only what it had done, but
by whom it had been prevented from doing other things, the Speaker held
that the House might not amend the report, which stood. Volume IV,
section 4909.
A matter alleged to have arisen in Committee of the Whole but not
reported by the Chairman may not be brought to the attention of the
House. Volume VIII, section 2429.
The Speaker has no official knowledge of proceedings in Committee of
the Whole save as reported by its Chairman. Volume VIII, section 2429.
A Committee of the Whole having overruled its Chairman and originated a
new legislative proposition the Chairman made no mention of the new
proposition in his report, and in this was sustained by the Speaker.
Volume IV, section 4708.
(18) Of Committee of the Whole.--Reports After Attending Impeachment
Trials.
Forms of reports made by a Chairman of a Committee of the Whole after
attending an impeachment trial (footnote). Volume III, section 2384.
The judgment of the court in the Humphreys trial was communicated to
the House by the report of the Chairman of the Committee of the Whole.
Volume III, section 2397.
The report to the House of the presentation of articles impeaching
President Johnson was made by the Chairman of the Committee of the
Whole. Volume III, section 2420.
CHAIRMAN--Continued.
(18) Of Committee of the Whole.--Reports After Attending Impeachment
Trials--Continued.
The acquittal of President Johnson was announced in the House through
the report of the Chairman of the Committee of the Whole. Volume III,
section 2443.
(19) Of Committee of the Whole.--Administers Oaths.
The Speaker, the Chairman of the Committee of the Whole or any other
committee, or any Member may administer oaths to witnesses in any case
under examination. Volume III, section 1769.
(20) Of Committee of the Whole.--In Relation to Vote by Tellers.
There is no appeal from the count by the chair of the number rising to
demand tellers. Volume VIII, section 3105.
On a vote by tellers the Chair announces the vote as reported by the
tellers and does not inquire as to the correctness of such report.
Volume VIII, section 3098.
Representation being made before announcement of the result that the
count by tellers was incorrect, on a close vote, the Chairman ordered a
recount. Volume VIII, section 3099.
The report of the tellers having been announced by the Chair, it is too
late to raise a question as to the correctness of the report. Volume
VIII, section 3098.
On a vote by tellers the Chair may be counted without passing between
the tellers. Volume VIII, section 3100.
The Chairman may be counted on a vote by tellers without passing
between the tellers. Volume VIII, section 3101.
The count by tellers becoming uncertain by reason of confusion the
Chair ordered the vote taken again. Volume V, section 5991.
(21) Of Committee of the Whole.--In Relation to Quorum.
The Chairman's count of a quorum is not subject to verification by
tellers. Volume VIII, section 2369.
The Chairman's count of a quorum is not subject to verification by
tellers. Volume VIII, section 2436.
In ascertaining the presence of a quorum on a vote by tellers in
Committee of the Whole the Chairman notes those present and not voting.
Volume VI, section 641.
In ascertaining the presence of a quorum in the Committee of the Whole
the Chairman counts members in the Chamber failing to vote on an
incidental motion to rise. Volume VI, section 671.
The Chairman having announced the absence of a quorum in Committee of
the Whole, a motion to rise is in order and if a quorum develops on the
vote by which the motion is rejected the roll is not called and the
committee proceeds with its business. Volume VIII, section 2369.
In 1836 it seems to have been customary for the chairman of the
Committee of the Whole to count the committee to ascertain as to the
presence of a quorum. Volume II, section 1653.
Instance wherein a chairman disregarding the vote of the Committee of
the Whole rose and reported the absence of a quorum (footnote). Volume
IV, section 2977.
CHALLENGE.
(1) To a duel a breach of privilege.
(2) As to competency of a Member to sit in a trial at the bar of the
House.
(3) As to competency of a Senator to sit in an impeachment trial.
(4) Of Member's right to take the oath.--Basis for challenge.
(5) Of Member's right to take the oath.--Speaker does not decide.
(6) Of Member's right to take the oath.--May Speaker direct him to
stand aside?
(7) Of Member's right to take the oath.--Procedure on.
(8) Of Member's right to take the oath.--Of a Senator's right to take
the oath.
(9) At the polls in election by the people.
CHALLENGE--Continued.
(1) To a Duel a Breach of Privilege.
Challenge of a Member by a Senator in 1796 was determined to be a
breach of the privileges of the House. Volume VIII, section 2677.
(2) As to Competency of a Member to Sit in a Trial at the Bar of the
House.
The House declined to permit Samuel Houston, on trial at its bar for
contempt, to challenge the right of a Member to sit in the trial.
Volume II, section 1617.
(3) As to Competency of a Senator to Sit in an Impeachment Trial.
Reference to a discussion as to the right to challenge the competency
of a Senator to sit in an impeachment trial. Volume III, section 2062.
A question as to the time when the competency of a Senator to sit in an
impeachment trial should be challenged for disqualifying personal
interest. Volume III, section 2061.
A Senator related to President Johnson by family ties voted on the
final question of the impeachment without challenge. Volume III,
section 2061.
(4) Of Member's Right to Take the Oath.--Basis for Challenge.
In 1899 a Member who challenged the right of a Member-elect to be sworn
did so on his responsibility as a Member, and on the strength of
documentary evidence. Volume I, section 474.
In 1867 Members who challenged the right of a Member-elect to take the
oath did so, one on his responsibility as a Member and the other on the
strength of affidavits. Volume I, section 448.
An objection to a Member-elect's qualifications being sustained neither
by affidavit nor on the personal responsibility of the Member
objecting, the House declined to entertain it. Volume I, section 455.
The fact that a Member-elect has not taken the oath does not debar him
from challenging the right of another Member-elect to be sworn. Volume
I, section 141.
(5) Of Member's Right to Take the Oath.--Speaker Does not Decide.
Objection being made to the administration of the oath to a Member-
elect, the Speaker held that the question should be decided by the
House and not by the Chair. Volume I, section 519.
The Speaker possesses no arbitrary power in the administration of the
oath, and if there be objection the majority of the House must decide.
Volume I, section 134.
The Members-elect having denied to certain of their number a right to
participate in the organization, the Speaker declined, without
instruction of the House, to administer the oath to those thus
debarred, although they presented certificates in proper form. Volume
I, section 140.
(6) Of Member's Right to Take the Oath.--May Speaker Direct Him to
Stand Aside?
It has been held, although not uniformly, that in cases where the right
of a Member-elect to take the oath is challenged, the Speaker may
direct the Member to stand aside temporarily. Volume I, sections 143-
146.
In 1899 a Member-elect, challenged as he was about to take the oath,
stood aside on the request of the Speaker. Volume I, section 474.
When the right of a Member-elect to take the oath is challenged the
Speaker has requested the Member to stand aside temporarily. Volume VI,
section 9.
The right of a Member elect to take the oath being challenged, the
Speaker directed him to stand aside temporarily. Volume VI, section
174.
When the right of a Member elect to take the oath is challenged, the
Speaker directs him to stand aside until the call of the roll is
completed. Volume VIII, section 3386.
(7) Of Member's Right to Take the Oath.--Procedure on.
The credentials of a Member elect having been challenged, the Speaker
submitted the question the the House. Volume VI, section 89.
CHALLENGE--Continued.
(7) Of Member's Right to Take the Oath.--Procedure on--Continued.
When Members-elect are challenged at the time of taking the oath,
motions and debate are in order on the questions involved in the
challenge; and in a few cases other business has intervened by
unanimous consent. Volume I, sections 149, 150.
When, at the organization of the House, several Members-elect are
challenged and stand aside, the question is first taken on the Member-
elect first required to stand aside. Volume I, sections 147, 148.
In 1861 it was held that the House might direct contested names on the
roll to be passed over until the other Members-elect were sworn in.
Volume I, section 154.
A Member-elect challenged as he is about to take the oath is not
thereby deprived of any right, and the determination of his case has
priority of those of persons claiming seats, but not on the Clerk's
roll. Volume I, section 155.
In 1869 John M. rice, challenged on account of alleged disloyalty, was
permitted by the House to take the oath pending examination of the
charges. Volume I, section 460.
A Member-elect, who was about to be sworn, was challenged for
disloyalty, whereupon the House denied him the oath and referred the
credentials. Volume I, section 455.
(8) Of a Senator's Right to Take the Oath.
In 1862 a Senator who challenged the right of a Senator-elect to be
sworn substantiated his objection with ex parte affidavits. Volume I,
section 443.
In 1867 the Senate, upon the statement by a Member that there were
rumors affecting the loyalty of a Member-elect, referred the
credentials before permitting the oath to be taken. Volume I, sections
457, 458.
A Senator elect, challenged as he was about to take the oath, stood
aside upon the suggestion of the Vice President. Volume VI, section
180.
(9) At the Polls in Election by the People.
Conduct of unauthorized challengers supplemented by the acts of
partisan election officers may contribute to taint a return. Volume II,
section 1074.
Although the court refused to appoint challengers for both parties as
required by law, and challengers attempting to serve were driven from
the polls, the absence of challengers is not of itself sufficient to
establish fraud. Volume VI, section 134.
CHALMERS.
The Mississippi election case of Lynch v. Chalmers in the Forty-seventh
Congress. Volume II, sections 959, 960.
The Mississippi election case of Chalmers v. Manning in the Forty-
eighth Congress. Volume I, section 44.
The Mississippi election case of Chalmers v. Morgan in the Fifty-first
Congress. Volume II, section 1035.
CHAMBER.
The preparations in the Senate Chamber for an impeachment trial are
directed by the Presiding Officer of the Senate. Volume III, section
2084.
An instance wherein, owing to inclemency of the weather, the President
elect took the oath and delivered his inaugural address in the Senate
Chamber. Volume VI, section 447.
Proceedings on the occasion of the death of a Member in the chamber.
Volume VIII, section 3559.
CHANDLER.
The Virginia election cases of Chandler and Legar in the Thirty-eighth
Congress. Volume I, section 375.
The Oklahoma election case of Davenport v. Chandler in the Sixty-fifth
Congress. Volume VI, section 149.
The New York election case of Chandler v. Bloom, in the Sixty-eighth
Congress. Volume VI, section 160.
CHANGE OF EXISTING LAW.
(1) Forbidden on general appropriation bills.
(2) Definition of.
(3) Occasionally authorized by special action of the House.
(4) When proposed by the other House.
(5) Amending a legislative paragraph which is permitted by general
consent.
(6) Examples of propositions ruled to be.
(7) Limitation of the discretion of executive officers.
(8) As related to appropriations for salaries.
(9) Limits of cost and contracts on public works.
(10) The former ``retrenchment'' rule and its results.
(11) In general.
(12) Indication of, in Reports of Committees (Ramseyer Rule).
(1) Forbidden on general Appropriation Bills.
A rule forbids any legislative provision in a general appropriation
bill. Volume IV, section 3578.
A provision changing existing law is not in order in any general
appropriation bill. Volume IV, section 3810.
A law passed by a prior Congress may not authorize legislation--like
the specifying of contracts--on a general appropriation bill as against
a rule of the existing House forbidding such legislation. Volume IV,
section 3579.
The House established many years ago the practice of striking out of an
appropriation bill in Committee of the Whole such portions as contained
legislation. Volume IV, section 3811.
The river and harbor bill not being one of the general appropriation
bills, the rule relating to legislation on such bills does not apply to
it. Volume IV, sections 3897-3903.
While the Committee on Appropriations has jurisdiction to report
appropriations, the power to report legislation authorizing
appropriations belongs to other committees. Volume IV, section 4033.
(2) Definition of.
A provision proposing to construe existing law is in itself a
proposition of legislation and therefore not in order on an
appropriation bill as a limitation. Volume IV, sections 3936-3938.
The fact that a paragraph on an appropriation bill would constitute
legislation for only a year does not make it admissible as a
limitation. Volume IV, section 3936.
The reenactment from year to year of a law intended to apply during the
year of its enactment only does not relieve the provision from the
point of order. Volume IV, section 3822.
The enactment of positive law where none exists is construed as a
``provision changing existing law,'' such as is forbidden in an
appropriation bill. Volume IV, sections 3812, 3813.
An existing law being repeated verbatim in an appropriation bill, the
slightest change, as substituting ``may'' for ``shall,'' is out of
order. Volume IV, section 3817.
A proposition which would, in effect, change a rule of the House was
held to be a change of existing law and not in order on an
appropriation bill. Volume IV, section 3819.
A proposition to authorize an investigation by a committee of the House
is not in order on a general appropriation bill, even though it relate
to an appropriation therein contained. Volume IV, sections 3820, 3821.
(3) Occasionally Authorized by Special Action of the House.
The House sometimes, by agreeing to a resolution reported by the
Committee on Rules, authorizes on a general appropriation bill
legislative provisions. Volume IV, sections 3839-3843.
Forms of special orders authorizing legislative provisions on general
appropriation bills. Volume IV, sections 3260-3263.
CHANGE OF EXISTING LAW--Continued.
(3) Occasionally Authorized by Special Action of the House--Continued.
Pending the engrossment of a general appropriation bill, an amendment
proposing legislation may be authorized by the adoption of a report
from the Committee on Rules. Volume IV, section 3844.
Instance wherein, on a motion to suspend the rules, the House ordered
the Clerk to incorporate in the engrossment of a general appropriation
bill already passed a provision embodying legislation. Volume IV,
section 3845.
(4) When Proposed by the Other House.
The principle seems to be generally accepted that the House proposing
legislation on a general appropriations bill should recede if the other
House persist in its objection. Volume IV, sections 3906-3908.
In 1898 a Senate committee reported against a proposition to add to a
general appropriation bill legislation on an important public question,
holding it not proper to attempt thus to coerce the House of
Representatives. Volume IV, section 3904.
Instance of the loss of an appropriation bill through adherence of both
Houses to their attitudes of disagreement over a section containing
legislation. Volume V, section 6325.
Where a Senate amendment proposes on a general appropriation bill an
expenditure not authorized by law or legislation it is in order in the
House to perfect it by germane amendments. Volume IV, sections 3913-
3916.
A proposition germane, but involving legislation, has sometimes been
admitted as an amendment to a Senate amendment to an appropriation
bill, and sometimes ruled out. Volume IV, sections 3909-3912.
(5) Amending a Legislative Paragraph Which is Permitted by General
Consent.
A legislative paragraph which remains in an appropriation bill without
objection may be perfected by any germane amendment which does not add
more legislation. Volume IV, section 3862.
A paragraph which proposes legislation in a general appropriation bill
being permitted to remain, it may be perfected by any germane
amendment. Volume IV, sections 3823-3835.
(6) Examples of Propositions Ruled to be.
A treaty with Indians is not in order for ratification on an Indian
appropriation bill. Volume IV, section 3882.
Under the present rule a proposition to regulate the public service, as
by transfer of a portion of it from one department to another, may not
be included in an appropriation bill. Volume IV, sections 3872, 3873.
An amendment proposing a change in the organization of the Navy
Department was ruled out of order on the naval appropriation bill.
Volume IV, section 3875.
An amendment proposing a reorganization of the Agricultural Department
was ruled out of order on the agricultural appropriation bill. Volume
IV, section 3876.
Where the law limits appropriations to two years a provision that an
appropriation shall remain available until expended is in violation of
existing law. Volume IV, section 3716.
It is in order to provide, on an appropriate bill as a deficiency, for
the payment of an account audited under authority of law, but it is not
in order to provide for such auditing. Volume IV, sections 3636, 3637.
A proposition that payments for interest and sinking fund for the debt
of the District of Columbia should be paid out of the revenues of the
District was held to be a change of law and not in order on an
appropriation bill. Volume IV, section 3883.
CHANGE OF EXISTING LAW.--Continued.
(6) Examples of Propositions Ruled to be--Continued.
Overruling an interpretation formerly observed, it was held that a
proposition to make payments for interest and sinking fund from the
revenues of the District and the Federal Treasury jointly was a change
of law and not in order on an appropriation bill. Volume VII, section
1454.
The policy of making no more appropriations for sectarian schools
having been declared by law, an amendment authorizing appropriations
for contract schools was held to involve a change of law. Volume IV,
section 3582.
The number of enlisted men in the Marine Corps being fixed, it was held
not in order to provide for additional ones on an appropriation bill.
Volume IV, section 3585.
By an exceptional ruling a legislative provision increasing the
enlisted force of the Navy was admitted on an appropriation bill
(footnote). Volume IV, section 3723.
An amendment authorizing the President to employ an emergency fund in
payment for personal services in the District of Columbia was held to
be a change of existing law. Volume VII, section 1457.
A proposition to print Government publications outside the Government
Printing Office was held to be a change of law. Volume VII, section
1465.
(7) Limitation of the Discretion of Executive Officers.
A limitation on the discretion exercised under law by a bureau of the
Government is a change of law. Volume IV, sections 3848-3852.
A proposition to establish affirmative directions for an executive
officer constitutes legislation and is not in order on a general
appropriation bill. Volume IV, sections 3854-3859.
A proposition directly taking away from a department officer an
authority conferred by law is not in order on a general appropriation
bill, being in the nature of legislation. Volume IV, sections 3846,
3847.
Although a law may give an executive officer authority to do a certain
thing, a provision directing him so to do is legislative in nature and
not in order on a general appropriation bill. Volume IV, section 3853.
A direction to the Secretary of the Navy to appoint a commission to
consider the proposed establishment of a dry dock was held to be
legislation and not in order on an appropriation bill. Volume IV,
section 3877.
The law providing that the Secretary of the Navy should name battle
ships, a proposition to name one in an appropriation bill was held to
be legislation. Volume IV, section 3862.
Where an executive officer has general discretion as to the application
of an appropriation for a public work an appropriation limited to a
specific detail has been held to involve legislation. Volume IV,
sections 3860, 3861.
Where a proposition might be construed by the executive officer as a
modification of a statute it may not be held such a limitation of
appropriation as is permissible on a general appropriation bill. Volume
IV, section 3984.
(8) As Related to Appropriations for Salaries.
Where the law fixes the amount of a salary a proposition to increase
the amount is not in order on an appropriation bill. Volume IV,
sections 3676-3679.
A proposition increasing rate of compensation fixed by law is
legislation. Volume VII, section 1458.
A motion to strike from an appropriation bill a provision for a salary
authorized and fixed by law is not subject to the objection that it
proposes legislation. Volume IV, section 3699.
The appropriation of a less sum than the amount fixed by law for a
salary is not a change of law, even though a legislative provision in
another portion of the bill may give it the practical effect of a
reduction of the salary. Volume IV, sections 3681-3685.
CHANGE OF EXISTING LAW--Continued.
(8) As Related to Appropriations for Salaries--Continued.
A specific appropriation for designated officials of an exposition at
stated salaries, there being no prior legislation establishing such
position or salaries, was held out of order, although a general
appropriation for the exposition was authorized by law. Volume IV,
section 3878.
A proposition to increase the number of employees fixed by law was held
to be legislation. Volume VII, section 1456.
A change of the amount of compensation received by Government employees
under the law was held to be legislation. Volume VII, section 1455.
(9) Limits of Cost and Contracts on Public Works.
It is not in order on a general appropriation bill to increase the
limit of cost established by law for a public work. Volume IV, section
3581.
It is not in order on a general appropriation bill to establish a limit
of cost on a public building. Volume IV, section 3761.
A limit of cost on a public work may not be made or changed in an
appropriation bill. Volume VII, section 1472.
Provision in an appropriation bill limiting cost of a public work,
though expiring at the end of the fiscal year, is nevertheless current
law, and a proposition to increase the limit so provided is
legislation. Volume VII, section 1499.
While a proposition to change a limit of cost is legislation, any
provision of cost within that limit is not subject to that point of
order. Volume VII, section 1448.
A proposition to authorize a contract for future expenditures on public
works was held to propose legislation. Volume IV, sections 3868-3870.
(10) The Former ``Retrenchment'' Rule and Its Results.
The old form of rule which admitted on appropriation bills legislation
intended to retrench expenditures. Volume IV, section 3578.
Under the former rule admitting legislation on appropriation bills if
it were germane and retrenched expenditures, questions used to arise
over propositions to regulate the public service. Volume IV, sections
3885-3888.
Interpretations of the former rule which admitted legislation to a
general appropriation bill when germane and effecting retrenchment of
expenditures. Volume IV, sections 3889-3891.
A ruling in which are discussed the principles of the former rule
admitting to appropriation bills legislative provisions reducing
expenditures. Volume IV, section 3927.
An instance of the method of admitting legislation to an appropriation
bill under the old rule permitting retrenchment legislation. Volume IV,
section 3602.
(11) In General.
A provision returning an unexpended balance to the Treasury was held to
be in order on an appropriation bill. Volume IV, section 3594.
The appointment of managers for the National Home for Disabled
Volunteer Soldiers being vested by law in Congress, a paragraph making
such appointment was held in order on the sundry civil appropriation
bill. Volume IV, section 4052.
(12) Indication of, in Reports of Committees (Ramseyer Rule).
Present form and history of paragraph 2a of Rule XIII. Volume VIII,
section 2234.
Committee reports on measures repealing or amending a statute shall
include the text of such statute and a comparative print of the measure
showing by typographical devices the omissions or insertions proposed.
Volume VIII, section 2234.
In order to fall within the purview of the rule requiring indication of
proposed changes in existing law by typographical device, a bill must
repeal or amend a statute in terms, and general reference to the
subject treated in a statute without proposing specific amendment is
not sufficient. Volume VIII, section 2235.
CHANGE OF EXISTING LAW--Continued.
(12) Indication of, in Reports of Committees--Continued.
Under clause 2a of Rule XIII the committee report of a bill amending
existing law by the addition of a proviso should quote in full the
section immediately preceding the proposed amendment. Volume VIII,
section 2237.
Although a bill proposed but one minor and obvious change in existing
law, the failure of the report on the bill to indicate this change by
typographical device, was held to be in violation of the rule. Volume
VIII, section 2236.
Under the rule requiring committee reports to indicate proposed changes
in existing law, the statute proposed to be amended must be quoted in
the report and it is not sufficient that it is incorporated in the
bill. Volume VIII, section 2238.
A bill is not subject to the rule requiring comparative prints unless
it specifically amends existing law. Volume VIII, section 2240.
In construing the rule requiring reports to show proposed changes in
existing law, the bill as originally introduced governs, and committee
amendments striking out such proposals are not considered. Volume VIII,
section 2242.
The rule requiring reports to show proposed changes in existing law by
typographical device applies to bills amending statutory law only and
is not applicable to bills amending public resolutions. Volume VIII,
section 2239.
The rule requiring comparative prints in reports on measures repealing
existing law, while effective as to substantive legislative provisions
reported in general appropriation bills, is not otherwise applicable to
reports from Committee on Appropriations and does not extend to changes
in paragraphs merely carrying stated appropriations. Volume VIII,
section 2241.
The point of order that a report fails to comply with the requirement
that proposed changes in law be indicated typographically is properly
made when the bill is called up in the House and comes too late after
the House has resolved into the Committee of the Whole for the
consideration of the bill. Volume VIII, section 2243.
The point of order that a report violates the rule requiring
typographical specifically of proposed changes in existing law may not
be raised against a special providing for consideration. Volume VIII,
section 2244.
Special orders providing for consideration of bills, unless making
specific exemption, do not preclude the point of order that reports on
such bills fail to indicate proposed changes in existing law. Volume
VIII, section 2245.
When a bill is considered under a special resolution, the point of
order that the report does not indicate proposed changes in law is
properly raised when the motion is made to resolve into the Committee
of the Whole. Volume VIII, section 2245.
When a point of order is raised that a report is in violation of the
rule providing for the quotation of statutes sought to be amended, and
requiring indication of proposed changes in existing law, it is
incumbent on the proponent to cite the specific statute which will be
amended by the pending bill. Volume VIII, section 2246.
Objection being made that a report failed to comply with the rule
requiring indication of proposed changes in existing law, Chair, in the
absence of any citation to statutes which would be amended by the
pending bill, overruled the point of order. Volume VIII, section 2246.
Bills reported without indication of changes proposed in existing law
are automatically recommitted to the respective committees reporting
them. Volume VIII, section 2237.
Failure of a committee report to comply with the rule requiring
indication of statutory amendments by typographical device may be
remedied by supplemental report. Volume VIII, section 2247.
CHANGE OF NAME.
A Senator having changed his name the Senate instructed its Secretary
to use the new name. Volume II, section 1141.
CHANGE OF VOTE.
(1) By a Member in the House.
(2) By voter in election by the people.
(1) By a Member in the House.
Before the decision of the Chair on a vote has been pronounced finally
and conclusively a Member may change his vote. Volume V, sections 6093,
6094.
Before the result of a vote has been finally and conclusively
pronounced by the Chair, but not thereafter, a Member may change his
vote. Volume V, sections 5931-5933.
A Member may change his vote at any time before its announcement.
Volume VIII, section 3123.
Before the result of a vote has been finally and conclusively
pronounced by the Chair, but not thereafter, a Member may change his
vote. Volume VIII, section 3070.
A Member who has voted on a roll may change his vote before the
announcement of the result. Volume VIII, section 3160.
After a vote has been announced by the Speaker it is not in order for a
Member to change or withdraw his vote even though inadvertently cast in
violation of a pair. Volume VIII, section 3069.
A Member may not change his vote on recapitulation if the result of the
vote has been announced prior to recapitulation. Volume VIII, section
3124.
On a vote for the election of an officer a Member may change his vote
at any time before the announcement of the result. Volume V, section
5934.
A Member may not have the record of his vote changes on the statement
that he voted on a misapprehension of the question, and a motion
relating thereto is not a matter of privilege. Volume V, sections 6082,
6083.
(2) By Voter in Election by the People.
The House in 1834 reversed the decision of its committee that recorded
votes on the poll book could not be changed by oral testimony. Volume
I, section 55.
A vote being given viva voce at an election for Congressman, the voter
may not afterwards change it or vote for additional officers. Volume I,
section 781.
CHAPLAIN.
The Chaplain opens each day's sitting with prayer. Volume I, section
272.
The Chaplain was not originally an officer of the House, but has been
such for many years. Volume I, sections 275-279.
The elective officers of the House, in addition to the Speaker, are the
Clerk, Sergeant-at-Arms, Doorkeeper, Postmaster, and Chaplain. Volume
I, section 187.
At first the Chaplain did not take the oath prescribed for the officers
of the House. Volume I, sections 280-282.
The Chaplain takes the oath prescribed for the officers of the House.
Volume VI, section 31.
The practice of electing a Chaplain was suspended during the Thirty-
fifth Congress. Volume I, section 274.
Although in earlier years the Chaplain was not strictly an officer of
the House his election was held to constitute a question of privilege.
Volume I, section 273
Prayer by the Chaplain at the opening of the daily session is not
business requiring the presence of a quorum, and the Speaker declines
to entertain a point of no quorum before prayer is offered. Volume VI,
section 663.
The election of a Chaplain emeritus. Volume VI, section 31.
The House appointed a committee to attend the funeral of its deceased
Chaplain. Volume V, section 7172.
CHAPMAN, ELECTION CASES OF.
The election case of Bennet v. Chapman from the Territory of Nebraska
in the Thirty-fourth Congress. Volume I, section 829.
The election case of Chapman v. Ferguson from the Territory of Nebraska
in the Thirty-fifth Congress. Volume I, section 834.
CHAPMAN, ELVERTON R.
The Senate case of Elverton R. Chapman, a contumacious witness, in
1894. Volume II, sections 1612-1614.
In 1894 Elverton R. Chapman was convicted by the court and committed
for contempt of the United States Senate in declining as a witness to
anser a pertinent question. Volume II, section 1614.
CHARACTER WITNESSES.
In the Archbald trial it was held that while witnesses might testify as
to the general reputation of the respondent, and as to his reputation
for judicial integrity in particular, it was not competent to introduce
evidence as to his reputation for ability and industry; and in no event
was the personal opinion of a witness on questions of character or
reputation admissible. Volume VI, section 495.
Instances wherein the Senate by order restricted the number of
character witnesses which might be called to testify. Volume VI,
section 510.
CHARGES.
(1) Against Members.--Indictments, accusations, etc.
(2) Against Members.--As questions of privilege.
(3) Against Members.--For offenses at a time preceding the existing
term of service.
(4) Against Members.--Not related to representative capacity.
(5) Against Members.--By newspapers.
(6) Against Members.--As developed by inquiries by committees.
(7) Against Members.--Resignation pending.
(8) Against Members.--Answers and explanations.
(9) Against Members.--Forms of resolutions of investigation.
(10) Against Members.--As related to prima facie title.
(11) Against Members.--In general.
(12) Against the Speaker.
(13) Against other officers of the House or of the Senate.
(14) Against the House or a Committee.
(15) Against the election of a Senator.
(16) Against the President and Vice-President.
(17) Against persons not officers of the Government.
(18) Against judicial and executive officers.
(19) Related to impeachment.--Presented in memorials.
(20) Related to impeachment.--Presented on the responsibility of a
Member.
(21) Related to impeachment.--Arising from inquiry by a committee.
(22) Related to impeachment.--Arising from common fame, action of
legislatures, etc.
(23) Related to impeachment.--Decision to investigate, without
examination of.
(24) Related to impeachment.--Examination of, before ordering inquiry.
(25) Related to impeachment.--Authorization of inquiry.
(26) Related to impeachment.--Rules of evidence in conducting inquiry.
(27) Related to impeachment.--Ex parte inquiries.
(28) Related to impeachment.--Accused presents evidence during inquiry.
(29) Related to impeachment.--Explanations by the accused to the House
or committee.
(30) Related to impeachment.--Counsel for accused during inquiry.
(31) Related to impeachment.--Powers of inquiry delegated to a
subcommittee.
CHARGES--Continued.
(32) Related to impeachment.--Evidence justifying the House to proceed.
(33) Related to impeachment.--Nature of, as required under the
Constitution.
(34) Related to impeachment.--Investigations of judges.
(35) Related to impeachment.--Investigations of other officers.
(36) Related to impeachment.--Against Senators sitting in the trial.
(37) Committee methods in examining.--Ex parte inquiry not favored.
(38) Committee methods in examining.--Rules of evidence, etc.
(39) Or taxes on the people.
(1) Against Members.--Indictments, Accusations, etc.
Prior rights of the House when a Member is accused of treason, felony,
or breach of the peace. Volume II, section 1260.
A Member indicted for felony remains a Member of the House until
convicted. Volume II, section 1260.
A Member being charged with the crime of manslaughter the House
declined to determine whether or not a question of privilege was raised
and did not investigate. Volume II, section 1277.
Members-elect, unofficially known to be under indictment or actually
convicted after indictment, an appeal being pending, were yet appointed
on committees. Volume IV, section 4479.
Instance wherein a Senator accused of crime was omitted from committees
at his own request. Volume IV, section 4479.
Instance wherein a Member-elect, being convicted in the courts on
indictment, did not take his seat during the Congress (footnote).
Volume IV, section 4484.
A Senator, being indicted for fraud, made a personal explanation and
withdrew from the Senate pending the trial. Volume II, section 1278.
A Senator, having been indicted by a grand jury, asked and obtained an
investigation by a committee of the Senate. Volume III, section 1839.
A Senator having been indicted in the United States district court, the
Senate, prior to the trial investigated the charges and exonerated him.
Volume VI, section 399.
A Senator, convicted in the courts, resigned after the Senate had
ordered an inquiry. Volume II, section 1282.
A committee which had been empowered to investigate charges of
corruption against Members recommended that action by the House be
delayed pending trial in the courts. Volume VI, section 403.
It is the custom of the House to defer final action against Members
under criminal charges pending disposition in the court of last resort.
Volume VI, section 238.
It is the uniform practice of the House not to investigate charges of
crime against a member when denied by him and subject to prosecution in
the courts. Volume VI, section 137.
Two unnamed Members having been implicated in a report by a Federal
grand jury, the House directed the Attorney General to transmit the
names of the Members implicated and the nature of the charges against
them. Volume VI, section 402.
Charges having been preferred by a Member of the House, the committee
to which the matter was referred reported a resolution providing for
the creation of a special committee of investigation. Volume VI,
section 551.
A Member having introduced a resolution authorizing an investigation of
charges made by himself and proven by the investigation to be
unfounded, the committee of investigation reported conclusions
censuring the Member, and the House by resolution adopted the report
and approved the conclusions. Volume VI, section 400.
Instance of examination by a House committee of charges of bigamy and
treason against a Delegate. Volume I, section 526.
Published charges of corruption, sustained by declaration of a Member,
caused the House to investigate its membership. Volume II, section
1275.
CHARGES--Continued.
(1) Against Members.--Indictments, Accusations, etc.--Continued.
Certain petitioners against the right of a returned Member to his seat
having impugned his personal conduct in the election the House rendered
a decision thereon. Volume I, section 763.
An instance in which the Committee of the Whole declined to permit the
reading of a letter written by one not a member of the House charging a
Member with having made ``false statements.'' Volume VIII, section
2596.
Various instances of investigations by the House. Volume III, sections
1747-1849.
Discussion of the decision of the Senate in the matter of charges
against Humphrey Marshall, a Senator. Volume II, section 1264.
Form of resolution providing for investigation of charges against a
Senator. Volume III, section 1837.
The investigation of charges against L.F. Grover, a Senator from
Oregon. Volume III, section 1838.
The investigation of charges against Stanley Matthews, a Senator from
Ohio. Volume III, section 1837.
The investigation of charges against Burton K. Wheeler, a Senator from
Montana. Volume VI, section 399.
The investigation of charges against John W. Langley, of Kentucky, and
Frederick N. Zihlman, of Maryland. Volume VI, section 402.
(2) Against Members.--As Questions of Privilege.
Propositions to investigate charges against Members have been presented
as questions of privilege. Volume III, sections 1828-1830.
A proposition to investigate charges against Members was presented as a
question of privilege. Volume VI, section 403.
A contention that common fame was sufficient basis for the House to
entertain a proposition relating to its privileges. Volume III, section
2701.
A resolution to investigate the charge that Member had improperly
abstracted papers from the files of an Executive Department was
entertained as privileged (Speaker overruled). Volume III, section
2655.
An employee of the House having in a newspaper charged a Member with
falsehood in debate, resolution relating thereto was entertained as a
question of privilege. Volume III, section 2718.
In presenting a case of personal privilege arising out of charges made
against him the Member must confine himself to the charges. Volume V,
section 5077.
In presenting a case of personal privilege arising out of charges made
against him, the Member must confine himself to the charges and may not
take advantage of the privilege to prefer charges against others.
Volume VIII, section 2481.
A charge of general corruption in the Government made in the Senate
does not so reflect on the House as to raise a question of privilege.
Volume III, section 2658.
The House declined to entertain as a question of privilege a resolution
to investigate a charge made by a Cabinet Officer that Members of
Congress, not named, had made a corrupt proposition to the Executive.
Volume III, section 2654.
An accusation in a newspaper that certain Members had received an
excess of mileage pay was held to involve a question of privilege.
Volume III, section 2704.
A newspaper allegation that a certain number of Representatives whose
names were not given had entered into a corrupt speculation was held to
involve a question of privilege. Volume III, section 2709.
A general charge of violation of law by Members, although not
specifying the offense as within the existing term of service, was held
to present a question of privilege. Volume III, section 2710.
CHARGES--Continued.
(2) Against Members.--As Questions of Privilege--Continued.
A resolution charging that a Member's action in his representative
capacity had been influenced by support received in his election to the
House was presented as a question of privilege. Volume VI, section 582.
Charges that a Member serves interests conflicting with his official
duties involve a question of privilege. Volume VI, section 603.
A telegram reprinted in a newspaper charging that a Member had been
influenced in his official acts by unworthy motives was held to involve
a question of personal privilege. Volume VI, section 576.
Charges implying disloyalty were held to involve a question of
privilege. Volume VI, section 608.
A resolution providing for an investigation of charges that Members of
the House and Senate had profited in the stock market by the use of
official information was held to involve a question of privilege.
Volume VI, section 394.
A resolution charging conspiracy to influence Members of Congress
improperly was considered as a matter of privilege. Volume VI, section
580.
Charge that a Member has used his immunity as Representative to
circulate libels was held to constitute a question of privilege. Volume
VI, section 606.
Statements in the Record that a Member charged with absenteeism was
thereby ``defrauding the Government'' were held to present a question
of privilege. Volume VI, section 602.
A statement in the Record charging a Member with class discrimination
was held to present a question of privilege. Volume VI, section 597.
Statements charging falsehood in debate involve a question of
privilege. Volume VI, section 607.
A pamphlet charging falsehood in connection with statements made in
debate was held to support a question of personal privilege. Volume VI,
section 618.
Inferences charging treason present a question of privilege. Volume VI,
section 596.
The charge that a Member introduced a resolution for the purpose of
gratifying revenge was held to present a question of privilege. Volume
VIII, section 2216.
A charge that a Member has ``violated the rules of the House'' was held
not to give rise to a question of privilege. Volume VIII, section 3469.
Charges that Members do not vote in accordance with their personal
views do not present a question of privilege. Volume VI, section 583.
Charges that a Member has employed unworthy men without intimation that
he did so knowingly do not give rise to a question of privilege. Volume
VI, section 592.
Charges that Members of a committee were holding secret meetings or
excluding other Members from the committee conferences were held not to
involve a question of privilege. Volume VI, section 578.
(3) Against Members--For Offenses at a Time Preceding the Existing Term
of Service.
The majority of the Judiciary Committee concluded that a Member might
not be tried or punished by the House for an offense alleged to have
been committed against a preceding Congress. Volume II, section 1283.
The Speaker has questioned the right of a Member to discuss as
privileged charges relating to his conduct at a period before he became
a Member. Volume II, section 1287.
A proposition to investigate the propriety merely of a citizen's
conduct at a time before he became a Member may not be presented as a
question of privilege. Volume III, section 2725.
A charge made outside the House of disreputable conduct on the part of
a Member before he became a Member has been held not to involve a
question of privilege. Volume III, section 2691.
A Member may not bring before the House as a question of privilege
charges of disreputable conduct on his part before he became a Member.
Volume III, section 2723.
CHARGES--Continued.
(3) Against Members.--For Offenses at a Time Preceding the Existing
Term of Service--Continued.
Review of precedents relating to investigations of charges in regard to
conduct of a Member at a time preceding the existing term of service.
Volume III, section 2725.
Members being charged with bribery committed several years before the
election of the then existing House, the House preferred censure to
expulsion, but declined to express doubt as to the power to expel.
Volume II, section 1286.
In the Irwin case the House asserted its authority, as grand inquest of
the nation, to investigate, with the attendant right of punishment for
contempt, in case of offenses in a preceding Congress. Volume III,
section 1690.
The Senate did not pursue inquiry as to the charge that Senator John
Smith has sworn allegiance to a foreign power, the said oath having
been taken before his election as Senator. Volume II, section 1264.
The Senate held in 1796 that for a crime alleged to have been committed
before his election, but for which the courts has not held him to
answer, a Senator should not be tried by the Senate. Volume II, section
1288.
In the case of Humphrey Marshall, accused of committing a crime before
his election, the Senate declined to proceed in the absence of
prosecuting action from the constituency. Volume II, section 1288.
In the case of William N. Roach, charged with a crime alleged to have
been committed before his election, the Senate discussed its power in
such a case, but took no action. Volume II, section 1289.
(4) Against Members.--Not Related to Representative Capacity.
Charges against a Member not connected with his representative capacity
do not involve a question of privilege. Volume VI, section 612.
In discussing a question of privilege a Member is confined to charges
reflecting on him in his capacity as a Representative and may not
digress to charges reflecting on him in a business capacity. Volume VI,
section 606.
One Member having in a newspaper article made charges against another
Member in the latter's individual and not his representative capacity,
a committee of the House found no question of privilege involved.
Volume III, section 2691.
In order to afford a basis for a question of personal privilege, a
newspaper charge against a Member should present a specific and serious
attack upon his representative character. Volume III, sections 2692,
2693.
A Member is not entitled to raise a question of personal privilege on
account of a newspaper charge relating to his conduct while a Member,
but not as a Member. Volume III, section 2724.
A Member being charged with a crime entirely disconnected with his
representative capacity, the House declined to hold that a question of
privilege was involved. Volume I, section 466.
Summary of protest against Reed Smoot as a Senator, and his answer
thereto. Volume I, section 482.
(5) Against Members.--By Newspapers.
A Member who had been defamed in his reputation as a Representative by
a newspaper article presented the case as one of privilege and the
House ordered an investigation. Volume III, section 1832.
The House has entertained as a question or privilege and ordered the
investigation of newspaper charges against a Member in his
representative capacity. Volume III, sections 2696-2699.
A newspaper charge that a Member of the House had been influenced by
Executive patronage was submitted as privileged, but the House declined
to investigate. Volume III, section 2701.
CHARGES--Continued.
(5) Against Members.--By Newspapers--Continued.
Newspaper charges impugning the veracity of a Member in statements made
on the floor support a question of privilege. Volume VI, section 613.
The supposed author of an anonymous newspaper charge against a Member
not named was arrested and interrogated at the bar of the House. Volume
II, section 1633.
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. Volume
III, section 2691.
Charges made through the newspapers by a Member reflecting on the
efficiency of another Member in his representative capacity do not
support a question of privilege. Volume VI, section 605.
A newspaper article vaguely charging Members of Congress generally with
corruption may not be brought before the House as involving a question
of privilege. Volume III, section 2711.
A newspaper article charging Members of the House generally with abuse
of the franking privilege was held to involve a question of privilege.
Volume III, section 2705.
Newspaper charges that a Member had used departmental employees while
in the service of the Government in a political campaign were held to
reflect on him in his representative capacity. Volume VI, section 615.
Newspaper charges attributing to a Member dishonorable action in
connection with matters not related to his official duties were held to
sustain a question of personal privilege. Volume VI, section 619.
The House has sometimes ordered investigations on the basis of general
and more or less vague newspaper charges. Volume III, sections 1833,
1834.
Vague charges in newspaper articles have not been entertained as
questions of privilege. Volume VI, section 570.
In 1846 the Senate investigated a general newspaper charge of
corruption. Volume III, section 1835.
Instance wherein the Senate proceeded to an investigation of charges
made in general terms against its membership by newspapers. Volume II,
section 1612.
In discussing a question of personal privilege based upon newspaper
charges personal letters refuting such charges were admitted as
relevant. Volume III, section 2479.
(6) Against Members.--As Developed by Inquiries by Committees.
Proceedings when it is necessary to put a Member under arrest or when,
on public inquiry, matter arises affecting a Member. Volume II, section
1238.
Provisions of the parliamentary law in cases when charges arise against
a Member from report of a committee or examination of witnesses in the
House. Volume II, section 1237.
When testimony elicited by a committee involves a Member the committee
is to report to the House that the Member may be heard and special
authority be given to inquire concerning him. Volume III, section 1840.
When an inquiry by a committee involves a Member the committee may only
report to the House, whereupon the Member is heard or the committee is
given authority to inquire concerning him. Volume IV, section 4557.
Charges against a Member having developed during examination by a
committee, a resolution directing the committee to report them was
offered as of privilege, and agreed to by the House. Volume III,
section 1843.
Method of procedure where testimony before an investigating committee
implicates Members of the House. Volume III, section 1845.
An examination before a committee disclosing that a Member was
implicated the committee informed him of the fact in order that he
might attend. Volume III, section 1831.
Instance wherein testimony taken before a committee and relating to the
conduct of a member was not reported to the House at once. Volume III,
section 2637.
CHARGES--Continued.
(6) Against Members.--As Developed by Inquiries by Committees--
Continued.
Examinations by committees into alleged corrupt practices having
implicated Members the committees reported recommendations without
first seeking the order of the House. Volume III, section 1844.
A committee being directed to investigate the death of a Member in a
duel, they reported resolutions for punishment of other Members
concerned, although not directed by the House to proceed against them.
Volume II, section 1644.
A committee selected to investigate charges against Members generally
did not ask special authority to proceed against one who was found to
be implicated. Volume II, section 1275.
Testimony taken by the Senate having implicated a Member of the House
ordered an investigation, although the testimony had not been
transmitted. Volume III, section 1853.
A committee of the House having reported that it had taken testimony
which inculpated a Senator the House directed that it be transmitted to
the Senate. Volume III, section 1850.
An investigating committee of the House having taken testimony
affecting a Member of the Senate the House transmitted the same to the
Senate. Volume II, section 1276.
(7) Against Members.--Resignation Pending.
A Member threatened with expulsion having resigned the House
nevertheless adopted resolutions censuring his conduct. Volume II,
section 1275.
Members accused of corruption having resigned proceedings to expel them
were discontinued. Volume II, section 1275.
(8) Against Members.--Answers and Explanations.
The previous question may be moved on a proposition to censure a
Member, although the effect of it might be to prevent him from making
explanation or defense. Volume V, section 5459.
A Member charged with acceptance of an incompatible office was heard in
his own behalf during the debate. Volume I, section 486.
In speaking to a question of privilege, a Member is restricted to
discussion of those specific charges on which his question is based and
may not discuss collateral issues. Volume VI, section 608.
While the Member must confine himself to the question under debate, a
certain latitude is permitted in the refutation of charges reflected
upon him in his representative capacity. Volume VIII, section 2479.
In speaking to a question of personal privilege a Member is required to
confine his remarks to the question involved, but is entitled to enter
into a discussion of related matters showing motives which prompted the
charges giving rise to the question of privilege. Volume VI, section
619.
Instance in which a Member rising to a question of privilege was
permitted in refutation of charges made against him to detail
happenings in committee not reported to the House. Volume VIII, section
2495.
The House having agreed to a resolution of censure, and the Member
being brought to the bar by the Sergeant-at-Arms to be censured, it was
held that he might not then be heard. Volume II, section 1259.
A Member whose expulsion was proposed was permitted to present a
written defense, but not to depute another Member to speak in his
behalf. Volume II, section 1273.
The House provided that a Member whom it was proposed to expel should
be heard in his own defense. Volume II, section 1273.
Members indicted by the report of a committee were allowed to file
written statements to be printed with the reports. Volume II, section
1275.
CHARGES--Continued.
(8) Against Members.--Answers and Explanations--Continued.
A citizen who, while a Member of the Senate had been subject to
investigation, was allowed to submit a paper to be filed and printed
with the report. Volume II, section 1276.
The Senate declined to permit an ex-Member to print in the Journal or
Record a defense of his conduct. Volume II, section 1276.
The written answer of a Senator to charges made against him was
returned by the Senate because it contained irrelevant matter. Volume
II, section 1264.
The Senate ordered a Senator to attend in his place when a report
relating to charges against him was to be presented. Volume II,
sections 1263, 1264.
The Senate having allowed a Member to be heard by counsel exercised the
power of approving his selections. Volume II, section 1264.
(9) Against Members.--Forms of Resolutions of Investigation.
Form of resolution for investigating charges of corruption among
Members. Volume II, section 1275.
Form of resolution authorizing investigation of published statements
that Members had entered into corrupt combinations in relation to
legislation. Volume III, section 1669.
Form of resolution authorizing the investigation of the right and title
of Reed Smoot to a seat in the Senate. Volume I, section 481.
Form of resolution providing for investigation of charges against a
Senator. Volume VI, section 399.
A resolution creating a select committee to investigate charges
involving Members of the House was referred to a standing committee
with instructions to conduct the investigation. Volume VI, section 394.
Dicta to the effect that a resolution and preamble proposing
investigation of charges of corruption against the membership of a
committee or a Member of the House is privileged. Volume VIII, section
2316.
Form of resolution of the House creating, empowering, and instructing
the select committee which investigated charges that Members have been
improperly influenced in their official capacity. Volume VI, section
396.
(10) Against Members.--As Related to Prima Facie Title.
A question being raised as to the loyalty of a Member-elect the House
has exercised its discretion about permitting him to take the oath at
once. Volume I, sections 444-446.
The House decided that the oath should be administered to a Member-
elect, although a Member charged that he was personally disqualified.
Volume I, section 447.
A Senator-elect took the oath on his prima facie right without
challenge, although charges of bribery in his election were presented
immediately thereafter. Volume I, section 692.
Before its committee had reported on conflicting credentials, the
Senate took one set of credentials from the committee and seated a
claimant whose prima facie and final right and personal conduct were
assailed. Volume I, section 628.
(11) Against Members.--In General.
A Member having under leave to print made charges against another
Member the House ordered the speech stricken from the Record. Volume V,
section 7004.
Members have been summoned before committees to testify as to
statements made by them in debate, but in one case a Member formally
protested that it was an invasion of his constitutional privilege.
Volume III, sections 1777, 1778.
A committee having general authority to examine and recommend in
relation to an assault between two Members, was held to have authority
also to recommend censure of other Members implicated. Volume II,
section 1656.
The House, when advised by the Attorney General that certain charges
against Members were under investigation by the Department of Justice,
did not insist on its request for information relative thereto. Volume
VI, section 402.
CHARGES--Continued.
(11) Against Members.--In General--Continued.
Conclusion reached by a committee of investigation condemning the
formulation and prosecution of groundless charges against a Member of
the House. Volume VI, section 400.
A committee which had been empowered to investigate specific charges
against certain Members recommended general legislation dealing with
such offenses. Volume VI, section 398.
In directing an investigation of charges against certain of its Members
the House provided that all meetings of the committee for the purpose
of taking testimony or hearing arguments should be open to the public.
Volume VI, section 396.
Charges against Members of the House and Senate being unsubstantiated,
the resolution and report thereon were laid on the table. Volume VI,
section 394.
(12) Against the Speaker.
Charges being made by a Member against the official conduct of Mr.
Speaker Clay he appealed to the House for an investigation, which was
granted. Volume II, section 1362.
Charges being made against the Speaker he called a Member of the
minority party to the Chair during their consideration. Volume II,
section 1363.
Charges having been made against the Speaker he called another Member
to the chair and from the floor moved a committee of investigation.
Volume II, section 1286.
A newspaper having made certain charges against the official character
of the Speaker he called a Member to the chair and moved an
investigation, which was voted. Volume II, section 1364.
The Speaker being implicated by certain charges a Speaker pro tempore
selected from the minority party was empowered to appoint a committee
of investigation. Volume II, section 1286.
A select committee being authorized to investigate the conduct of the
Speaker they were appointed by the Member called to the chair as
Speaker pro tempore. Volume II, section 1364.
A charge by a Member that the Journal of the House had been mutilated
by the Speaker was made a question of privilege. Volume II, section
1363.
(13) Against Other Officers of the House or of the Senate.
Certain charges being made against an officer of the House he
petitioned for an investigation. Volume I, section 294.
A newspaper charge against the Clerk was, at the request of that
officer, investigated by the House. Volume I, section 295.
A charge affecting the character of an elected officer of the House was
held to involve a question of privilege. Volume III, section 2644.
The request of an officer of the House for an investigation of
newspaper charges against his administration is presented as a question
of privilege. Volume III, section 2645.
A newspaper charge that an officer of the House had conspired to
influence legislation was considered as a question of privilege. Volume
III, section 2628.
A proposition to investigate the conduct of certain officers of the
House, while they were officers of the preceding House was presented as
a matter of privilege. Volume III, section 2647.
A resolution for the investigation of the conduct of an employee of the
House may be presented as a matter of privilege. Volume III, section
2646.
Charges being made against the Chief Clerk by a Member the House
ordered an investigation (footnote). Volume I, section 294.
In response to charges made in open session, an officer of the Senate
appeared voluntarily at the bar and being arraigned declined counsel.
Volume VI, section 37.
An officer of the Senate being charged with authorship of a magazine
article prejudicial to the reputations of Members of Congress, was
suspended pending an investigation. Volume VI, section 37.
CHARGES--Continued.
(14) Against the House or a Committee.
The publication by a Member of alleged false and scandalous charges
against the House and its Members, which he also reiterated in debate,
was held to involve a question of privilege. Volume III, section 2637.
The House took action as to a Member who reiterated on the floor
certain published charges against the House, although other business
had intervened. Volume III, section 2637.
A newspaper article making general charges concerning the proceedings
of the House was held not to involve a question of privilege. Volume
III, section 2639.
Charges published as newspaper advertising that ``Bad bills pass
without reading'' and ``Steals are attempted'' were held so to reflect
upon the integrity of the proceeding of the House as to support a
question of privilege. Volume VI, section 576.
A charge of unfair and improper action on the part of a committee has
been held to involve a question of privilege. Volume III, section 2605.
A committee of the House having been charged with improper conduct a
Member of the committee was recognized on a question of personal
privilege. Volume III, section 2606.
A charge that a committee has been inactive in regard to a subject
committed to it does not constitute a question of privilege. Volume
VIII, section 2316.
(15) Against the Election of a Senator.
A memorial to justify an investigation of the title of a Senator to his
seat should state the charges and indicate with certainty the character
of the evidence. Volume I, section 696.
A memorial having set forth specifically charges of bribery, and
specified evidence in support thereof, the Senate decided to examine a
Senator's title to his seat. Volume I, section 692.
In order to invalidate election of Senator on charge of bribery, it
must be shown: (1) That the person elected participated in the bribery
or sanctioned it. (2) That by such bribery enough votes were obtained
to change the result of the election. Volume VI, section 104.
The Senate decided to investigate the election of one of its Members on
the strength of a memorial formulating specific charges and accompanied
by evidence relating thereto. Volume I, section 690.
A memorial having been filed charging conspiracy and excessive
expenditure of money in the election of a Senator, the Senate by
resolution authorized an investigation. Volume VI, section 165.
Charges that the election of a Senator was secured through corrupt
practices, investigated and held not to be sustained by evidence.
Volume VI, section 106.
The Senate declined on vague and indefinite charges of corruption to
investigate the election of duly returned Members. Volume VI, section
87.
Charges that corrupt practices were resorted to in procuring election
of Senators being retracted and withdrawn, the Senate did not consider
it necessary to order an investigation. Volume VI, section 87.
Discussion as to the extent to which probable cause should be shown to
justify the Senate in investigating charges that an election had been
procured by bribery. Volume I, section 691.
Charges made by the bodies of a State legislature were not considered
sufficient ground to justify the Senate in investigating the election
of one of its Members. Volume I, section 691.
On the ground that the memorials and accompanying papers presented no
allegations that proof existed to support the charges the Senate
declined to investigate the election of a Senator. Volume I, section
691.
Criticism and discussion as to latitude of inquiry permitted in a
committee's investigation of the right of a Senator to his seat. Volume
I, section 693.
CHARGES--Continued.
(16) Against President and Vice-President.
In 1837 a committee took the view that the House might inquire into
alleged corrupt violations of duty by the Executive only with
impeachment in view. Volume III, section 1740.
The Senate declined to investigate charges against the Vice-President,
it being urged that he was subject to impeachment proceedings only.
Volume II, section 1242.
Vice-President Calhoun asked the House, as the grand inquest of the
nation, to investigate certain charges made against his conduct as
Secretary of War, and the House granted the request. Volume III,
section 1736.
Remarks in debate charging the President with ``persistent defamation''
of an officer was held by the House to constitute a breach of order.
Volume VIII, section 2497.
(17) Against Persons not Officers of the Government.
On the evidence of Members, who in their places gave information of
attempts to bribe them, the House issued an order for the arrest of the
person charged with the offense. Volume II, section 1599.
A person being on trial for contempt, both the information given by
Members and their testimony were required to be under oath. Volume II,
section 1602.
Instance wherein the House amended its charges against a person already
arraigned for contempt. Volume II, section 1600.
In 1795 the House decided to hear the case of a person arrested for
contempt at the bar rather than by a select committee. Volume II,
section 1602.
Form of arraignment of Randall and Whitney in 1795. Volume II, section
1600.
The House permitted a person arraigned for contempt in 1795 to be
represented before the House by counsel. Volume II, section 1601.
In 1812 the opinion of the House seems to have been against permitting
counsel to a contumacious witness arraigned at bar of the House
(footnote). Volume III, section 1666.
The proceedings of an investigating committee having brought out
statements reflecting on the character of a person not directly
involved in the inquiry and not a Member of either House, the House
refused to incorporate his explanation in the report. Volume III,
section 1736.
By direction of the House, the Speaker issued and the Sergeant at Arms
served a warrant for the arrest of a person charged with contempt of
the House. Volume VI, section 532.
In 1929 a Senate committee recommended the denial of the privilege of
the floor to a newspaper reporter charged with publication of
proceedings of an executive session. Volume VI, section 334.
(18) Against Judicial and Executive Officers.
Charges against judges of the United States courts are usually
investigated by the Committee on the Judiciary. Volume IV, section
4062.
The majority of the Judiciary Committee reported a resolution censuring
Judge Ricks. Volume III, section 2520.
Instance wherein a majority of the Judiciary Committee reported a
resolution censuring a judge for acts not shown to be with corrupt
intent. Volume III, section 2519.
An official against whom charges were pending having resigned his
office, the House committee to which they had been referred made no
report. Volume VI, section 539.
Members of the President's Cabinet whose reputations and conduct have
been assailed on the floor of the House have sometimes asked for an
investigation. Volume III, sections 1734, 1735.
The House in 1824 investigated, on application of the United States
minister to Mexico, a controversy on a public matter between him and
the Secretary of the Treasury. Volume III, section 1741.
The House declined to ask of the Executive the removal of an officer
whom a committee had found delinquent. Volume III, section 2501.
CHARGES--Continued.
(18) Against Judicial and Executive Officers--Continued.
The Speaker has considered it his duty to lay before the House a
communication from a suspended consul-general who asked an
investigation. Volume III, section 1749.
In 1807 the House, after mature consideration, declined to investigate
charges against the Chief of the Army, but requested the President to
make such an inquiry. Volume III, section 1726.
In 1810 the House, after mature consideration, determined that it had
the right to investigate the conduct of General Wilkinson, although he
was not an officer within the impeaching power of the House. Volume
III, section 1727.
In 1861 the two Houses, by concurrent action, assumed without question
the right to investigate the conduct of the war. Volume III, section
1728.
the House having investigated charges against General Wilkinson of the
Army, the results were transmitted to the President by the hands of a
committee. Volume III, section 1727.
A letter from an individual charging an officer of the Army with
corruption was considered and an investigation was ordered. Volume III,
section 1742.
While a committee of the House reported it inexpedient for the House to
investigate the charges of a subordinate against a captain in the Navy
they expressly asserted the power of the House so to do. Volume III,
section 1743.
Form of resolution authorizing a general investigation of the
Departments of the Government in 1876. Volume III, section 2444.
(19) Related to Impeachment.--Presented in Memorials.
The impeachment proceedings in the case of Judge Peck were set in
motion by a memorial. Volume III, section 2364.
The investigation into the conduct of Judge Peck was revived by
referring to a committee a memorial presented in a former Congress.
Volume III, section 2364.
Form of memorial praying for an investigation into the conduct of Judge
Peck. Volume III, section 2364.
The investigations into the conduct of Judge Thruston were set in
motion by memorials. Volume III, section 2491.
The memorials submitting the charges against Judge Watrous in 1856 were
accompanied by a large amount of documentary evidence. Volume III,
section 2496.
In 1857 memorials before the House in a preceding Congress were
reintroduced as a basis for investigation of the conduct of Judge
Watrous. Volume III, section 2497.
The Watrous investigation of 1857 was limited in its scope by the
withdrawal from the Judiciary Committee of a memorial containing
certain charges. Volume III, section 2497.
Memorials which had been before preceding Congresses were reintroduced
as a basis of the Watrous investigation of 1860. Volume III, section
2499.
The proceedings in the case of Judge Lawrence were set in motion by a
memorial setting forth specific charges. Volume III, section 2494.
The House referred the charges made against Judge Lawrence in 1839 to a
select committee instead of to the Judiciary Committee. Volume III,
section 2494.
In the case of Judge Blodgett the House ordered an investigation upon
the presentation of a memorial specifying charges. Volume III, section
2516.
The Bradford investigation was set in motion by a memorial in which
charges were preferred. Volume III, section 2515.
The Seward investigation was set in motion by a memorial. Volume III,
section 2514.
On receipt of a petition containing charges against a judge, the House
in 1796 instituted an investigation. Volume III, section 2486.
Instance wherein the Speaker presented a petition in which were
preferred charges against a Federal judge. Volume III, section 2030.
CHARGES--Continued.
(19) Related to Impeachments.--Presented in Memorials--Continued.
A petitioner who preferred charges against a Federal judge furnished
the certificate of a notary to his signature (footnote). Volume III,
section 2030.
A memorial addressed to the Speaker and setting forth charges against a
civil officer was referred to the Committee on the Judiciary, which
recommended an investigation. Volume VI, section 543.
(20) Related to Impeachment.--Presented on the Responsibility of a
Member.
The impeachment of Mr. Justice Chase was set in motion on the
responsibility of one Member of the House sustained by the statement of
another Member. Volume III, section 2342.
On January 7, 1867, President Johnson was formally impeached in the
House on the responsibility of a Member. Volume III, section 2400.
Form of impeachment of a civil officer by a Member on the floor of the
House. Volume III, section 2398.
A Member having impeached the President and presented a resolution of
investigation, the Speaker admitted it as a question of privilege.
Volume III, section 2400.
A motion to refer impeachment charges was entertained as a matter of
constitutional privilege. Volume VI, section 549.
The House refused in 1843 to impeach John Tyler, President of the
United States, on charges preferred by a Member. Volume III, section
2398.
In debating a proposition to impeach the President of the United States
a wide latitude was permitted to a Member in preferring charges. Volume
V, section 5093.
A member proposing impeachment is required to present definite charges
before proceeding in debate. Volume VI, section 536.
A Member on his authority as a Member of the House impeached Judge
Hanford and offered a resolution providing for investigation of
charges. Volume VI, section 526.
(21) Related to Impeachment.--Arising from Inquiry by a Committee.
The impeachment of President Johnson was set in motion by a resolution
authorizing a general investigation as to the execution of the laws.
Volume III, section 2408.
The impeachment of President Johnson was first proposed indirectly
through general investigations. Volume III, section 2399.
The first attempt to impeach Andrew Johnson, President of the United
States. Volume III, sections 2399-2407.
A committee empowered to investigate generally reported a resolution
for the impeachment of Secretary Belknap. Volume III, section 2444.
The impeachment of Secretary Belknap was set in motion through the
findings of a committee empowered to investigate generally. Volume III,
section 2444.
A Member of the House presented specific charges against Judge Boarman
to the Judiciary Committee, which had been empowered to investigate the
judiciary generally. Volume III, section 2517.
The investigation of the conduct of Judge Jenkins was suggested by a
resolution offered by a Member and referred to the Judiciary Committee.
Volume III, section 2519.
A special committee having been created to investigate charges, a
member supplemented the proceedings by rising to a question of
privilege in the House and proposing impeachment. Volume VI, section
550.
(22) Related to Impeachment.--Arising from Common Fame, Action of
Legislatures, etc.
In instituting impeachment proceedings it is necessary first to present
the charges on which the proposal is based. Volume VI, section 549.
Instance wherein the House ordered an investigation of the conduct of a
judge without a statement of charges, but in a case wherein common fame
had made the facts known. Volume III, section 2506.
CHARGES--Continued.
(22) Related to Impeachment.--Arising from Common Fame, Action of
Legislatures, etc.--Continued.
In response to a resolution of the House, the President transmitted to
the Judiciary Committee of the House charges filed against Judge
Archbald and all papers relating thereto with a message suggesting that
they be not laid before the House until examined by the committee.
Volume VI, section 498.
English precedents reviewed in the Chase case on the question of
ordering an investigation on the strength of common rumor. Volume III,
section 2342.
It being declared by common fame that Judge Humphreys had joined the
foes of the Government the House voted to investigate his conduct.
Volume III, section 2385.
The House, on the strength of a newspaper statement, ordered an
investigation looking toward the impeachment of a Justice of the
Supreme Court. Volume III, section 2503.
The inquiry as to Judge Toulmin was set in motion by action of a grand
jury forwarded by a Territorial legislature. Volume III, section 2488.
The investigation of Judge Bruin's conduct was set in motion by charges
preferred by a Territorial legislature. Volume III, section 2487.
Charges of impeachment may not be denied presentation because of
generality in statement. Volume VI, section 536.
Instance wherein charges were presented against a judge in three
Congresses. Volume III, section 2490.
(23) Related to Impeachment.--Decision to Investigate Without
Examination of.
Discussion as to the degree of definiteness of charges required to
justify the House in ordering an investigation. Volume III, section
2469.
In the case of Mr. Justice Chase the House after long debate and a
review of precedents decided to order investigation, although Members
could give only hearsay evidence as to the facts. Volume III, section
2342.
The House declined to state by the way of preamble its reason for
investigating the conduct of Justice Chase and Judge Peters. Volume
III, section 2342.
The House voted to investigate the conduct of President Johnson on the
strength of charges made by a Member on his own responsibility only.
Volume III, section 2400.
The House in 1852, on the strength of a memorial setting forth charges,
investigated the conduct of Judge Watrous with a result favorable to
him. Volume III, section 2495.
In the investigation of 1856 the Judiciary Committee made a report
favoring impeachment on the strength of memorials and without the power
to compel testimony being given by the House. Volume III, section 2496.
The House ordered an investigation of the conduct of Judge Ricks on the
strength of charges preferred in a memorial. Volume III, section 2520.
The House declined to have the impeachment of Judge Swayne considered
by a committee before ordering an investigation. Volume III, section
2469.
The House decided to investigate the conduct of Judge Smith on
assurance of a Territorial Delegate that the person making the charges
was reliable. Volume III, section 2490.
(24) Related to Impeachment.--Examination of, Before Ordering Inquiry.
The House sometimes refers for preliminary inquiry a memorial praying
impeachment, and sometimes orders investigation at once. Volume III,
section 2491.
The House decided formally to investigate the conduct of Judge Peck
only after the Judiciary Committee had examined the memorial. Volume
III, section 2364.
In 1825 the House preferred that charges against a judge should be
investigated by a committee. Volume III, section 2491.
The House in the Bruin case declined to impeach before it had made an
investigation by its own committee. Volume III, section 2487.
The memorial setting forth charges against Judge Lawrence was referred
for examination before an investigation was ordered. Volume III,
section 2494.
CHARGES--Continued.
(24) Related to Impeachment.--Examination of, Before Ordering Inquiry--
Continued.
In the case of Judge Conkling the memorial preferring charges was
referred to the Judiciary Committee for examination before an
investigation was ordered. Volume III, section 2492.
The House voted to investigate the conduct of Judge Delahay after the
Judiciary Committee had examined the charges in a memorial. Volume III,
section 2504.
Memorials containing charges against Judge Store were referred to the
Judiciary Committee for examination before the House voted a formal
investigation. Volume III, section 2513.
In Judge Toulmin's case the House, after investigating in a preliminary
way, declined to order a formal investigation. Volume III, section
2488.
The House declined to order an investigation of Consul West on evidence
presented by a member and referred the subject to a committee. Volume
III, section 2502.
(25) Related to Impeachment.--Authorization of Inquiry.
The House declined to institute impeachment proceedings before a
committee had examined specially whether or not there was ground for
impeachment. Volume III, section 2501.
The House referred to the Committee on Reconstruction the evidence
taken by the Judiciary Committee in the first attempt to impeach
President Johnson. Volume III, section 2408.
In 1892 the House referred to the Judiciary Committee the evidence
taken in the Boarman investigation of 1890 as material in a new
investigation. Volume III, section 2518.
Form of resolutions authorizing the Chase and Peters investigation in
1804. Volume III, section 2342.
Form of resolution authorizing the investigation into the conduct of
Judge Jenkins. Volume III, section 2519.
Form of resolution instructing the Judiciary Committee to examine the
charges against Judge Swayne. Volume III, section 2469.
Two of the seven members of the committee for the Chase investigation
were from the number opposing the investigation. Volume III, section
2342.
(26) Related to Impeachment.--Rules of Evidence in Conducting Inquiry.
Discussion of the proper mode of examination in an investigation with
view to impeachment. Volume III, section 2497.
In the Peck case to the House, with a view to English precedents,
discussed the nature of the inquiry preliminary to impeachment. Volume
III, section 2366.
The rule as to the pertinency of evidence to the charges was enforced
in the investigation of Judge Swayne's conduct. Volume III, section
2471.
The most liberal latitude was allowed in the examination of witnesses
before the committee which investigated the conduct of Judge Blodgett.
Volume III, section 2516.
The inquiry of 1890 into the conduct of Judge Boarman was conducted
according to the established rules of evidence. Volume III, section
2517.
In the first investigation of the conduct of President Johnson the
committee relaxed the strict rules of evidence. Volume III, section
2403.
In the Watrous investigation of 1856 the Judiciary Committee, following
precedents, reported the evidence, but made no specific charges. Volume
III, section 2496.
An opinion of the Judiciary Committee that a person under investigation
with a view to impeachment may not be compelled to testify. Volume III,
section 2514.
Following the Chase precedents the committee refrained from giving
their reasons for concluding that Judge Peck should be impeached.
Volume III, section 356.
(27) Related to Impeachment.--Ex Parte Inquires.
Discussion of precedents in relation to ex parte investigation with a
view to impeachment including the case of President Johnson. Volume
III, section 2511.
CHARGES--Continued.
(27) Related to Impeachment.--Ex Parte Inquires--Continued.
The Watrous report of 1856 led to a debate as to the propriety of ex
parte investigations, and to a citation of English and American
precedents. Volume III, section 2496.
It does not appear that President Johnson sought to be represented
before the Committee making the first investigation. Volume III,
section 2403.
The investigation which resulted in the impeachment of Justice Chase
was entirely ex parte. Volume III, section 2343.
In Judge Peck's case the committee proceeded on the theory of an ex
parte inquiry. Volume III, section 2366.
Judge Peck was not permitted to bring witnesses before the House
committee, but cross-examined and filed a statement. Volume III,
section 2366.
After an ex parte investigation the House voted to impeach Judge
Humphreys. Volume III, section 2385.
In the Watrous investigation of 1860 the Judiciary Committee proceeded
ex parte. Volume III, section 2499.
The investigation of the conduct of Judge Watrous in 1856 was conducted
entirely ex parte, but the evidence was documentary and voluminous.
Volume III, section 2496.
(28) Related to Impeachment.--Accused Presents Evidence During Inquiry.
The committee which ascertained questionable facts concerning the
conduct of Secretary Belknap gave him opportunity to explain, present
witnesses, and cross-examine witnesses. Volume III, Section 2445.
The committee investigating Judge Watrous in 1857 appears to have
informally permitted the accused to adduce testimony. Volume III,
Section 2497.
In investigating charges of an impeachable offense the committee
permitted the accused to be represented by counsel and have process to
compel testimony. Volume III, Section 1736.
The Durell investigation was postponed in the Forty-Second Congress
because there was no time to permit Judge Durell to present testimony.
Volume III, Section 2507.
In the investigation into the conduct of Judge Delahay he was permitted
to present testimony. Volume III, Section 2504.
At the investigation of 1892 Judge Boarman testified and was cross-
examined before the committee. Volume III, Section 2518.
In the investigation of Judge Ricks the respondent made a statement
before the committee and offered testimony in his own behalf. Volume
III, Section 2520.
In investigating the conduct of Judge Swayne both complainants and
accused were permitted to introduce sworn testimony. Volume III,
Section 2470.
The committee investigating Judge Swayne took testimony in the judge's
district as well as in Washington. Volume III, Section 2470.
In the second investigation Judge Swayne testified on his own behalf
and was cross-examined. Volume III, Section 2471.
In the investigation of Judge Blodgett both the complainants and the
respondent were represented by counsel and produced testimony before
the committee. Volume III, Section 2516.
(29) Related to Impeachment.--Explanations by the Accused to the House
or Committee.
The House declined to vote the impeachment of the judge who had not
been heard before the investigating committee. Volume III, Section
2511.
In the investigation of Judge Peck the respondent cross-examined
witnesses and addressed the committee. Volume III, Section 2365.
In the investigation of 1857 the committee formally permitted Judge
Watrous to file a written explanation and cross-examine witnesses in
person or by counsel. Volume III, Section 2497.
CHARGES--Continued.
(29) Related to Impeachment.--Explanations by the Accused to the House
or Committee--Continued.
Judge Boarman made a sworn statement or answer to the committee
investigating his conduct in 1890, but did not testify. Volume III,
section 2517.
During the investigation of Judge Thurston with a view to impeachment
he was present and cross-examined. Volume III, section 2491.
Judge Peck, threatened with impeachment, transmitted to the House a
written argument, which was ordered to be read. Volume III, section
2366.
Judge Peck, threatened with impeachment, was permitted to make to the
House a written or oral argument. Volume III, section 2366.
After the report on his conduct by a committee Judge Watrous presented
to the House a memorial embodying his defense, and it was ordered
printed and laid on the table. Volume III, section 2497.
The House declined to print with the evidence in the Peck investigation
the memorial or the address of respondent. Volume III, section 2365.
In the Watrous investigation of 1857 the written explanation of the
accused was printed as part of the report. Volume III, section 2497.
An official against whom charges of impeachment were pending asked
leave and was allowed to file an answer. VI, section 537.
(30) Related to Impeachment.--Counsel for Accused during Inquiry.
It is for the House to say whether or not a person whose conduct is
being investigated shall be allowed to appear before the committee by
counsel. Volume III, section 2501.
In the investigation of 1852 Judge Watrous, the accused, was permitted
to appear before the committee with counsel (footnote). Volume III,
section 2495.
In the Seward investigation the respondent was represented by counsel
and in person before the committee. Volume III, section 2514.
In the investigation of the conduct of Judge Swayne the accused was
present in person with counsel and argued his own case. Volume III,
section 2470.
(31) Related to Impeachment.--Power of Inquiry Delegated to a
Subcommittee.
A subcommittee visited Louisiana and took testimony against and for
Judge Boarman. Volume III, section 2517.
The Member who lodged charges against Judge Boarman conducted the case
against him before the subcommittee. Volume III, section 2517.
The closing arguments in the Swayne investigation were heard before the
subcommittee which had taken the evidence. Volume III, section 2471.
The Judiciary Committee was empowered in the Delahay case to take
testimony in Kansas through a subcommittee. Volume III, section 2504.
A subcommittee with power to send for persons and papers was sent to
Louisiana to investigate the conduct of Judge Durell. Volume III,
section 2508.
A minority of the Judiciary Committee were authorized to take testimony
in the Watrous case. Volume III, section 2499.
(32) Related to Impeachment.--Evidence Justifying the House to Proceed.
The Commons, in impeaching, usually pass a resolution containing a
criminal charge against the accused and direct a Member to impeach him
by oral accusation before the Lords. Volume III, section 2026.
In the Watrous case the House discussed whether or not ascertainment of
probable cause justified proceeding in impeachment. Volume III, section
2498.
After the investigation of 1857 the House decided that the evidence did
not justify the impeachment of Judge Watrous. Volume III, section 2498.
In reporting in favor of impeaching Judge Peck the committee submitted
transcripts of testimony. Volume III, section 2365.
Charges--Continued.
(32) Related to Impeachment.--Evidence Justifying the House to
Proceed--Continued.
The Thirty-ninth Congress having expired during investigation of
President Johnson's conduct, the House in the next Congress directed
the Judiciary Committee to resume the investigation. Volume III,
section 2401.
In the Watrous investigation of 1860 the Judiciary Committee, without
special leave, considered the evidence and reports in preceding
Congresses relating to this case. Volume III, section 2499.
In the first attempt to impeach President Johnson the investigation was
made by the Judiciary Committee. Volume III, section 2400.
An instance wherein a committee charged with the investigation reported
articles with the resolution of impeachment. Volume III, section 2514.
A resolution directing the Judiciary Committee to resume an
investigation with a view to an impeachment was held to be privileged.
Volume III, section 2401.
A question as to whether a vice consul-general is such an officer as is
liable to impeachment. Volume III, section 2515.
The impeachment of Judge Swayne was postponed to the next session of
Congress for further investigation. Volume III, section 2471.
In the first inquiry the House decided not to impeach President
Johnson. Volume III, section 2407.
According to the parliamentary law the respondent, on accusation for
misdemeanor, may answer the articles of impeachment by person, or by
writing, or by attorney. Volume III, section 2120.
A committee, after investigation of impeachment charges referred to it
by the House, recommended that no further action be taken thereon.
Volume VI, section 533.
(33) Related to Impeachment.--Nature of, as Required Under the
Constitution.
Review of impeachments in Congress showing the nature of charges upon
which impeachments have been brought and judgments of the Senate
thereon. Volume VI, section 466.
Although the charges in the articles impeaching President Johnson were
at first narrowed to a few charges, there was a protest against the
theory that only an indictable offense was impeachable. Volume III,
section 2416.
The question whether impeachment must be confined to indictable
offenses was in issue as to the second report favoring impeachment of
President Johnson. Volume III, section 2410.
The committee reporting the second proposition to impeach President
Johnson disagreed as to the grounds thereof. Volume III, section 2410.
As reported from the committee the articles impeaching President
Johnson were confined to a few facts chiefly concerning Secretary
Stanton. Volume III, section 2416.
The full report justifying the proposition to impeach President
Johnson. Volume III, section 2409.
In the first attempt to impeach President Johnson the minority of the
Judiciary Committee held that an indictable offense must be charged.
Volume III, section 2406.
Whether or not an offense must be indictable under a statute in order
to come within the impeaching power was discussed fully in the first
attempt to impeach President Johnson. Volume III, section 2405.
The first attempt to impeach President Johnson was based on the salient
charge of usurpation of power, with many specifications. Volume III,
section 2404.
The impeachment of Judge Peck was only for ``high misdemeanors in
office.'' Volume III, section 2367.
In 1890 the Judiciary Committee concluded that Judge Boarman should be
impeachment for an act in violation of the statute. Volume III, section
2517.
The majority of the Judiciary Committee recommended the impeachment of
Judge Busteed principally for nonresidence. Volume III, section 2512.
CHARGES--Continued.
(33) Related to Impeachment.--Nature of, as Required Under the
Constitution--Continued.
A statement as to the sentiments of the House on the nature of the
power of impeachment during the first and second attempts to impeach
President Johnson. Volume III, section 2416.
(34) Related to Impeachment.--Investigations of Judges.
A judge against whom impeachment proceedings were instituted refrained
from the exercise of judicial functions from the date of the filing of
the charges. Volume VI, section 550.
The investigation into the conduct of Aleck Boarman, United States
judge for the western district of Louisiana. Volume III, sections 2517,
2518.
The inquiry into the conduct of J. G. Jenkins, United States circuit
judge for the seventh circuit. Volume III, section 2519.
The investigation into the conduct of William Storey, United States
judge for the western district of Arkansas. Volume III, section 2513.
The investigation into the conduct of Charles T. Sherman, district
judge of the United States for the northern district of Ohio. Volume
III, section 2511.
The investigation into the conduct of Richard Busteed, United States
district judge for Alabama. Volume III, section 2512.
The investigation of the conduct of Edward H. Durell, United States
district judge for Louisiana. Volume III, sections 2506-2509.
The impeachment of Mark H. Delahay, United States district judge for
Kansas. Volume III, sections 2504, 2505.
The investigation of the conduct of Judge Thomas Irwin in 1859. Volume
III, section 2500.
The investigation into the conduct of John C. Watrous, United States
judge for the district of Texas. Volume III, sections 2495-2499.
The conduct of Judge Watrous was the subject of reports, favorable and
unfavorable, in four Congresses. Volume III, sections 2495-2499.
The investigation into the conduct of Judge P. K. Lawrence, 1839.
Volume III, section 2494.
The investigation of the conduct of Benjamin Johnson, a judge of the
superior court of the Territory of Arkansas, in 1833. Volume III,
section 2493.
The inquiry into the conduct of Judge Peter B. Bruin in 1808. Volume
III, section 2487.
The investigation into the conduct of Augustus J. Ricks, United States
judge for the northern district of Ohio. Volume III, section 2520.
The inquiry into the conduct of Judge Harry Toulmin in 1811. Volume
III, section 2488.
The investigations into the conduct of Judge Joseph L. Smith in 1825
and 1826. Volume III, section 2490.
The inquiry into the conduct of Judges William P. Van Ness, Mathias B.
Tallmadge, and William Stephens in 1818. Volume III, section 2489.
The investigations into the conduct of Judge Buckner Thruston in 1825
and 1837. Volume III, section 2491.
The investigation of the conduct of Richard Peters, United States
district judge for Pennsylvania, in 1804. Volume III, section 2342.
The investigation of the conduct of Henry W. Blodgett, United States
judge for the northern district of Illinois. Volume III, section 2516.
The impeachment and trial of Robert W. Archbald. Volume VI, sections
498-512.
The impeachment and trial of Harold Louderback. Volume VI, sections
513-524.
The inquiry into the conduct of Lebbeus R. Wilfley, Judge of United
States Court for China. Volume VI, section 525.
The inquiry into the conduct of Judge Cornelius H. Hanford, United
States Circuit judge for the western district of Washington, in 1912.
Volume VI, section 526.
The investigation into the conduct of Judge Emory Speer. Volume VI,
section 527.
The investigation into the conduct of Daniel Thew Wright, associate
justice of the Supreme Court of the District of Columbia. Volume VI,
section 528.
CHARGES--Continued.
(34) Related to Impeachment--Investigations of Judges--Continued.
The investigation into the conduct of Alston G. Dayton, United States
district judge for the northern district of West Virginia in 1915.
Volume VI, section 529.
The investigation of the conduct of Judge Kenesaw Mountain Landis.
Volume VI, section 535.
The investigation into the conduct of William E. Baker, United States
district judge for the northern district of West Virginia. Volume VI,
section 543.
The inquiry into the conduct of Judge George W. English, United States
judge for the eastern judicial district of Illinois. Volume VI, section
544-547.
The inquiry into the conduct of Judge Frank Cooper, in 1927. Volume VI,
section 549.
The inquiry into the conduct of Francis A. Winslow, judge of the
southern district of New York, in 1929. Volume VI, section 550.
The inquiry into the conduct of Harry B. Anderson, judge of the western
district of Tennessee, in 1930. Volume VI, section 551.
The inquiry into the conduct of Grover M. Moscowitz, judge for the
eastern district of New York, in 1930. Volume VI, section 552.
The inquiry into the conduct of Harry B. Anderson, United States judge
for the western district of Tennessee, in 1931. Volume VI, section 542.
(35) Related to Impeachment.--Investigation of Other Officers.
The inquiry as to the conduct of Schuyler Colfax, Vice-President of the
United States. Volume III, section 2510.
The investigation into the conduct of George F. Seward, late consul-
general at Shanghai. Volume III, section 2514.
The investigation into the conduct of Oliver B. Bradford, late vice
counsel-general at Shanghai. Volume III, section 2515.
The investigation into the conduct of Henry A. Smythe, collector of the
port of New York. Volume III, section 2501.
The proposition to inquire into the conduct of William B. West, consul
at Dublin. Volume III, section 2502.
The investigation into the conduct of H. Snowden Marshall, United
States district attorney for the southern district of New York. Volume
VI, sections 530-534.
The investigation of charges against Attorney General Harry M.
Daugherty. Volume VI, sections 536-538.
The inquiry into the conduct of Clarence C. Chase, collector of customs
at the port of El Paso. Volume VI, section 539.
The investigation into the conduct of Frederick A. Fenning, a
commissioner of the District of Columbia, in 1926. Volume VI, section
548.
Proposed inquiry into the eligibility of Andrew W. Mellon to serve as
Secretary of the Treasury, in 1932. Volume VI, section 540.
A proposal to investigate the official conduct of the President of the
United States judge (President Hoover) with a view to impeachment was
laid on the table. Volume VI, section 541.
(36) Related to Impeachment.--Against Senators Sitting in the Trial.
The House determined to investigate an allegation that the decision of
the Senate in an impeachment case had been determined by improper
influences. Volume III, section 1744.
An attempt of the House to investigate alleged corruption in connection
with the vote of Senators during the Johnson trial was the subject of
discussion and investigation in the Senate. Volume III, section 2064.
(37) Committee Methods in Examining.--Ex Parte Inquiry Not Favored.
At the first investigation of charges against General Wilkinson the
proceedings were ex parte, but at the second inquiry the House voted
that he should be heard in his defense. Volume III, section 1727.
CHARGES--Continued.
(37) Committee Methods in Examining.--Ex Parte Inquiry Not Favored--
Continued.
The committee investigating charges against Secretary of the Treasury
W. H. Crawford permitted him to be represented by counsel and to
produce testimony. Volume III, section 1741.
In the investigation of the qualifications of Brigham H. Roberts the
committee permitted his presence and suggestions during discussion of
the plan and scope of the inquiry. Volume I, section 475.
Witnesses were examined under oath and in the presence of Brigham H.
Roberts during the committee's investigation of his qualifications.
Volume I, section 475.
In considering the qualifications of Brigham H. Roberts the committee
tendered to him the opportunity to testify in his own behalf. Volume I,
section 475.
A Member whose qualifications were questioned was permitted to be
present before the committee, cross-examine, and offer counter proofs.
Volume I, section 420.
A person who had assaulted a Member was permitted to be present at the
investigation by a select committee and cross-examine witnesses. Volume
II, section 1620.
Members testifying in the case of Mathew Lyon, who was threatened with
expulsion, were sworn and cross-questioned by Mr. Lyon. Volume II,
section 1643.
Stanley Matthews, a Senator from Ohio, was sworn and examined before a
Senate committee appointed to investigate his conduct. Volume III,
section 1837.
(38) Committee Methods in Examining.--Rules of Evidence, etc.
Discussion as to the rules which should govern the admission of
evidence before a legislative committee of investigation. Volume III,
section 1838.
(Investigating committees do not always confine themselves within the
strict rules of evidence. Volume III, section 1736.
Complaint in the Smoot investigation that the rules of evidenced were
not adhered to by the Senate committee. Volume I, section 481.
Instance wherein a Member of the House not a member of the committee
was permitted to examine a witness. Volume III, section 2403.
Latitude permitted by an investigating committee to the counsel of an
executive officer who had been implicated by the terms of the
resolution creating the committee. Volume III, section 1788.
A Member making charges which result in an investigation, the committee
usually call upon him first to present the facts within his knowledge.
Volume II, section 1362.
Early instance wherein testimony in a case of breach of privilege was
heard before a select committee. Volume II, section 1643.
A form of subpoena issued in 1834 and criticized as defective. Volume
III, section 1732.
(39) Or Taxes on the People.
All propositions involving a tax or charge on the people are considered
in Committee of the Whole. Volume IV, section 4792.
Taxes relating to bank circulation have not been considered such tax or
charge upon the people as required consideration in Committee of the
Whole. Volume IV, sections 4854, 4855.
CHARTS.
Bills relating to ocean derelicts, lumber rafts, and hydrographic
office charts have been reported by the Committee on Interstate and
Foreign Commerce. Volume IV, section 4105.
CHASE, ELECTION CASE OF.
The election case of Owen G. Chase, claiming a seat as Delegate from
the Territory of Cimarron in the Fiftieth Congress. Volume I, section
412.
CHASE, JUSTICE, IMPEACHMENT.
The impeachment and trial of Samuel Chase, Associate Justice of the
Supreme Court of the United States in 1804. Volume III, sections 2342-
2363.
CHASE, SALMON P., of Ohio, Chief Justice Presiding at the Trial of the
President.
(1) Time of taking his seat.
(2) gives a casting vote.
(3) Decisions by.--On general questions of order.
(4) Decisions by.--As to method of presenting testimony.
(5) Decisions by.--On questions of evidence sometimes overruled.
(6) Decisions by.--On questions of evidence generally.
(7) Decisions by.--As to final question and judgment.
(1) Time of Taking His Seat.
In the Johnson trial the articles of impeachment were presented before
the Chief Justice had taken his seat, although he had filed his written
dissent from such procedure. Volume III, section 2057.
Written dissent of the Chief Justice from views taken by the Senate as
to its constitutional functions in an impeachment trial. Volume III,
section 2057.
(2) Gives a Casting Vote.
During the Johnson trial Chief Justice Chase gave a casting vote on
incidental questions, and the Senate declined to declare his incapacity
to vote. Volume III, section 2067.
(3) Decisions by.--On General Questions of Order.
At the Johnson trial the Chief Justice felt constrained to submit to
the Senate for decision a question of order affecting the organization.
Volume III, sections 2100-2102.
An order for postponement of an impeachment was held in order after the
organization of the Senate for the trial. Volume III, section 2077.
The Chief Justice held, in the Senate sitting for the trial of
President Johnson, that the Journal should be read before other
proceedings. Volume III, section 2424.
At the Johnson trial the Chief Justice ruled that one point of order
might not be made while another was pending. Volume III, sections 2100-
2102.
The Chief Justice ruled during the Johnson trial that a proposed order
should, under the Senate practice, lie over one day before
consideration. Volume III, section 2135.
The hour of meeting of the Senate sitting for an impeachment trial
being fixed, a motion to adjourn to a different hour is not in order.
Volume III, section 2071.
In the Senate sitting for an impeachment trial no debate is in order
pending a question of adjournment. Volume III, section 2073.
In the Johnson trial the Chief Justice held that the motion to adjourn
took precedence of a motion to fix the day to which the Senate should
adjourn. Volume III, section 2072.
According to the best considered practice the Senate sitting for an
impeachment trial does not obtain the use of Senate archives without an
order made in legislative session. Volume III, sections 2111, 2112.
The Chief Justice held in the Johnson impeachment that both managers
and counsel might be heard on a motion of a Senator to fix the time for
the trial to begin. Volume III, section 2426.
After elaborate investigation it was held that the opening and closing
arguments on incidental questions in impeachment trials belong to the
side making the motion or objection. Volume III, sections 2136-2139.
On an order presented by a Senator in the course of an impeachment
trial it was held that Senators might debate only in secret session.
Volume III, section 2207.
(4) Decisions by.--As to Methods of Presenting Testimony.
In the Johnson trial the Chief Justice held that evidence might be
introduced during final arguments only by order of the Senate. Volume
III, section 2166.
Chief Justice Chase finally held in the Johnson trial that the mangers
might object to a witness answering a question put by a Senator. Volume
III, sections 2182, 2183.
The presentation and reading of a document during introduction of
evidence in an impeachment trial was held not to preclude an objection
as to its admissibility. Volume III, section 2200.
CHASE, SALMON P., of Ohio, Chief Justice Presiding at the Trial of the
President--Continued.
(4) Decisions by.--As to Methods of Presenting Testimony--Continued.
The Chief Justice held in the Johnson trial that offer of documentary
proof should state its nature only, but that the Senate might order it
to be read in full before acting on the objection. Volume III, section
2202.
Decisions as to the extent to which a witness in an impeachment trial
may use memoranda to refresh his memory. Volume III, sections 2203,
2204.
The Chief Justice held in the Johnson trial that a witness recalled to
answer a question by a Senator might be reexamined by counsel for
respondent. Volume III, section 2214.
The Chief Justice declined to rule finally that cross-examination of a
witness in an impeachment trial should be concluded before his
dismissal. Volume III, section 2214.
(5) Decisions by.--On Questions of Evidence Sometimes Overruled.
In the Johnson trial Chief Justice Chase held that the managers might
not appeal from a decision of the Presiding Officer as to evidence.
Volume III, section 2084.
Instances in the Johnson trial wherein the decisions of the Chief
Justice on questions of evidence were overruled. Volume III, sections
2222, 2338.
Instances of decisions by the Chief Justice on questions of evidence
during the Johnson trial. Volume III, sections 2232, 2282, 2287-2291.
(6) Decisions by.--On Questions of Evidence Generally.
By a majority of one of the Senate in the Johnson trial sustained the
Chief Justice, ruling that evidence as to the respondent's declaration
of intent made at the time of the act was admissible. Volume III,
section 2240.
In the Johnson trial the Senate sustained the Chief Justice in
admitting as showing intent, on the principle of res gestae, evidence
of respondent's verbal statement of the act to his Cabinet. Volume III,
section 2242.
Comment of the Chief Justice on the Senate's decisions on evidence as
to respondent's declarations at or near the time of the act. Volume
III, section 2244.
The Chief Justice was sustained in admitting during the Johnson trial
evidence of an act after the fact as showing intent. Volume III,
section 2246.
In the Johnson trial the Chief Justice ruled that an official message
transmitted after the act was not admissible as evidence to show
intent. Volume III, section 2245.
The Chief Justice admitted during the Johnson trial as showing intent a
question as to action by the respondent, although taken after
impeachment. Volume III, section 2247.
In the Johnson trial the Chief Justice was sustained in admitting as
evidence the warrant and papers in a legal proceeding to which
respondent was related but not a party directly. Volume III, sections
2272, 2273.
In the Johnson trial, the Senate sustained the Chief Justice in
admitting as evidence of a general practice tabular statements of
documents relating to particular instances. Volume III, section 2258.
(7) Decisions by.--As to Final Question and Judgment.
Views of the Chief Justice on form of final question in the Johnson
trial and on division of the articles for voting. Volume III, section
2439.
The Senate, overruling the Chief Justice, decided that a motion to
adjourn over was in order during the voting on the articles in the
Johnson trial. Volume III, section 2441.
Before announcing the adjournment voted by the Senate the Chief Justice
directed the Clerk to enter a judgment of acquittal of President
Johnson. Volume III, section 2443.
CHAVES.
The New Mexico case of Chaves v. Clever in the Fortieth Congress.
Volume I, sections 541, 542.
CHEATHAM.
The North Carolina election case of Cheatham v. Woodard in the Fifty-
fourth Congress. Volume II, section 1083.
CHECKS.
Bills for the redemption of lost bonds, checks, and coupons are
reported by the Committee on Claims. Volume IV, section 4266.
CHEESE.
While the Committee on Agriculture has jurisdiction of revenue
legislation affecting oleo-margarine, the Ways and Means Committee has
retained jurisdiction as to revenue bills affecting tobacco, lard,
cheese, etc. Volume IV, section 4022.
CHEESEBOROUGH.
The New York election case of Cheeseborough v. McClellan from New York
in the Fifty-fourth Congress. Volume I, section 743.
CHESTER.
In 1857 the House arrested and arraigned at its bar Joseph L. Chester,
a contumacious witness. Volume III, section 1670.
CHIEF CLERK.
The Clerk being incapacitated the House authorized the chief assistant
clerk to attest a warrant and exercise the other functions of the
Clerk. Volume I, section 287.
The Clerk having died, the House at once elected a successor, declining
to have the Chief Clerk fill the vacancy temporarily. Volume I, section
236.
Charges being made against the Chief Clerk by a Member the House
ordered an investigation (footnote). Volume I, section 294.
CHIEF JUSTICE.
(1) Reception of, by the House and ceremonies in House at death of.
(2) In impeachment trials.--Functions, title, etc.
(3) In impeachment trials.--Attendance of.
(4) In impeachment trials.--Duty and authority as presiding officer.
(5) In impeachment trials.--Takes and administers the oath when
presiding.
(6) In impeachment trials.--Sometimes administers oath when not
presiding.
(7) In impeachment trials.--Decisions as to questions of order.
(8) In impeachment trials.--Decisions and appeals as to questions of
evidence.
(9) In impeachment trials.--Decisions as to evidence to show intent,
etc.
(10) In impeachment trials.--The vote of.
(1) Reception of, by the House and ceremonies in House at death of.
A newly appointed Chief Justice of the United States Supreme Court was
received informally by the House. Volume V, section 7080.
Ceremonies on the occasions of the deaths of a Chief Justice and
Associate Justices of the Supreme Court of the United States. Volume
VIII, section 3586.
(2) In Impeachment Trials.--Functions, Title, etc.
When the President of the United States is impeached the Chief Justice
of the Supreme Court presides. Volume III, section 2082.
The Constitution requires the Chief Justice to preside when the
President of the United States is tried before the Senate. Volume III,
section 2055.
Title by which the Chief Justice is addressed while presiding at an
impeachment trial. Volume III, section 2065.
Written dissent of the Chief Justice from views taken by the Senate as
to its constitutional functions in an impeachment trial. Volume III,
section 2057.
The Senate, as a Senate and not as a court, adopted rules for the
Johnson trial, but on the insistence of the Chief Justice adopted them
when organized for the trial. Volume III, section 2057.
Having disagreed as to the form of final question in the Johnson trial
the Senate left it to the Chief Justice. Volume III, section 2438.
CHIEF JUSTICE--Continued
(3) Impeachment Trials.--Attendance of.
When the Chief Justice is to preside at an impeachment trial the
Presiding Officer of the Senate is requested by rule to give him notice
of time and place and request his attendance. Volume III, section 2082.
Resolution providing for introduction of the Chief Justice and the
organization of the Senate for the trial of President Johnson. Volume
III, section 2421.
The ceremonies of inducting the Chief Justice and organizing the Senate
for the trial of President Johnson. Volume III, section 2422.
The notice to the Chief Justice to meet the Senate for the trial of
President Johnson was delivered by a committee of three Senators, who
were his escort also. Volume III, section 2421.
During the trial of the President the chief Justice was escorted to the
chair by the chairman of the committee of the Senate. Volume III,
section 2427.
The Senate by rule have implied that the Chief Justice attend and
presides only after the article of impeachment have been presented.
Volume III, section 2082.
In the Johnson trial the articles of impeachment were presented before
the Chief Justice had taken his seat, although he had filed his written
dissent from such procedure. Volume III, section 2057.
(4) In Impeachment Trials.--Duty and Authority as Presiding Officer.
The Presiding Officer of the Senate announces the hour for sitting in
an impeachment trail, and the presiding officer on the trial directs
proclamation to be made and the trial to proceed. Volume III, section
2069.
In impeachments the Presiding Officer of the Senate is empowered by
rule to make and issue by himself or by the Secretary authorized
orders, writs, precepts, and regulations. Volume III, section 2083.
During an impeachment trial the presiding officer on the trial directs
all forms not otherwise specially provided for. Volume III, section
2084.
In impeachment trials all motions made by the parties or counsel are
addressed to the presiding officer, and must be in writing if required.
Volume III, section 2131.
The presiding officer in an impeachment trial is the medium for putting
questions to witnesses and motions and orders to the Senate. Volume
III, section 2176.
A question put by a Senator to a witness in an impeachment trial is
reduced to writing and put by the Presiding Officer. Volume III,
section 2176.
The Presiding Officer at an impeachment trial exercises authority to
call to order counsel using improper language. Volume III, sections
2140, 2141.
By direction of the Senate the Chief Justice announced the result after
the vote on each article in the Johnson trial. Volume III, section
2440.
Before announcing the adjournment voted by the Senate the Chief Justice
directed the Clerk to enter a judgment of acquittal of President
Johnson. Volume III, section 2443.
(5) In Impeachment Trials.--Takes and Administers Oath When Presiding.
The Senate declined to require that the Chief Justice be sworn when
about to preside at an impeachment trial. Volume III, section 2080.
The Senate in its rules has refrained from prescribing an oath for the
Chief Justice when he presided at an impeachment trial. Volume III,
section 2079.
On taking the chair to preside at the trial of President Johnson the
Chief Justice had the oath administered by an Associate Justice. Volume
III, section 2422.
Having taken the oath himself the Chief Justice administered it to the
Senators sitting for the trial of President Johnson. Volume III,
section 2422.
(6) In Impeachment Trials.--Sometimes Administers Oath When not
Presiding.
At the organization of the Senate for the Belknap trial the oath was
administered by the Chief Justice. Volume III, section 2450.
CHIEF JUSTICE--Continued
(6) In Impeachment Trials.--Sometimes Administers Oath When not
Presiding--Continued.
In the Belknap trial the oath to Senators was administered by the Chief
Justice until by law authority was conferred on the Presiding Officer
of the Senate. Volume III, section 2081.
The Chief Justice administered the oath to the Sergeant-at-Arms on the
return of the writ of summons in the Belknap case. Volume III, section
2452.
The oath to the Senators for the Swayne trial was administered by the
Chief Justice. Volume III, section 2477.
(7) In Impeachment Trials.--Decisions as to Questions of Order.
At the Johnson trial the Chief Justice felt constrained to submit to
the Senate for decision a question of order affecting the organization.
Volume III, sections 2100-2102.
Instance of an appeal from the decision of the Chief Justice on a
question of order arising during the Johnson trial. Volume III,
sections 2100-2102.
The Senate, overruling the Chief Justice, held in order a motion to
rescind its rule governing the voting on the articles of impeachment in
the Johnson trial. Volume III, section 2442.
The Senate, overruling the Chief Justice, decided that a motion to
adjourn over was in order during the voting on the articles in the
Johnson trail. Volume III, section 2441.
The Chief Justice held, in the Senate sitting for the trial of
President Johnson, that the Journal should be read before other
proceedings. Volume III, section 2424.
(8) In Impeachment Trials.--Decisions and Appeals as to Questions of
Evidence.
Discussions of the functions of the Chief Justice in decisions as to
evidence in an impeachment trial. Volume III, section 2084.
The Presiding Officer on an impeachment trial may make preliminary
rulings on questions of evidence and incidental questions, or may
submit such question to the Senate at once. Volume III, section 2084.
The Presiding Officer during an impeachment trial sometimes rules
preliminarily on evidence, and cautions or interrogates witnesses.
Volume III, sections 2085-2087.
In the Johnson trial Chief Justice Chase held that the managers might
not appeal from a decision of the Presiding Officer as to evidence.
Volume III, section 2084.
Instances in the Johnson trial wherein the decisions of the Chief
Justice on questions of evidence were overruled. Volume III, sections
2222, 2238.
Discussion of the propriety of the Presiding Officer on an impeachment
making a preliminary decision on questions of evidence. Volume III,
section 2084.
Instances of decisions by the Chief Justice on questions of evidence
during the Johnson trial. Volume III, sections 2232, 2282, 2287-2291.
The preliminary rulings of the Presiding Officer on an impeachment
trial stand as the judgments of the Senate unless some Senator requires
a vote. Volume III, section 2084.
(9) In Impeachment Trials.--Decisions as to Evidence to Show Intent,
etc.
By a majority of one the Senate in the Johnson trial sustained the
Chief Justice's ruling that evidence as to the respondent's declaration
of intent made at the time of the act was admissible. Volume III,
section 2240.
In the Johnson trial the Senate sustained the Chief Justice in
admitting as showing intent, on the principle of res gestae, evidence
of respondent's verbal statement of the act to his Cabinet. Volume III,
section 2242.
Comment of the Chief Justice on the Senate's decisions on evidence as
to respondent's declarations at or near the time of the act. Volume
III, section 2244.
In the Johnson trial the Chief Justice rules that an official message
transmitted after the act was not admissible as evidence to show
intent. Volume III, section 2245.
The Chief Justice was sustained in admitting during the Johnson trial
evidence of an act after the fact as showing intent. Volume III,
section 2246.
The Chief Justice admitted during the Johnson trial as showing intent a
question as to action by the respondent, although taken after the
impeachment. Volume III, section 2247.
CHIEF JUSTICE--Continued.
(9) In Impeachment Trials.--Decisions as to Evidence to Show Intent,
etc.--Continued.
In the Johnson trial the Senate sustained the Chief Justice in
admitting as evidence of a general practice tabular statements of
documents relating to particular instances. Volume III, section 2258.
In the Johnson trial the Chief Justice was sustained in admitting as
evidence the warrant and papers in a legal proceeding to which
respondent was related but not a party directly. Volume III, sections
2272, 2273.
The Chief Justice held in the Johnson trial that offer of documentary
proof should state its nature only, but that the Senate might order it
to be read in full before acting on the objection. Volume III, section
2202.
(10) In Impeachment Trials.--The Vote of.
During the Johnson trial Chief Justice Chase gave a casting vote on
incidental questions, and the Senate declined to declare his incapacity
to vote. Volume III, section 2067.
Discussion as to whether or not the Chief Justice presiding at an
impeachment trial in entitled to vote. Volume III, section 2098.
An anxiety lest the Chief Justice might have a vote seems to have led
the Senate to drop the words ``High Court of Impeachment'' from its
rules. Volume III, section 2057.
CHIEF PAGES.
No page, except chief pages and riding pages, shall be under 12 or more
than 18 years of age. Volume V, section 7233.
CHILCOTT.
The Colorado election case of Hunt and Chilcott in the Fortieth
Congress. Volume I, section 599.
CHILD LABOR.
Propositions to regulate interstate commerce in products of child labor
have been within the jurisdiction of the Committee on Labor. Volume
VII, section 1981.
The Committee on the District of Columbia has exercised jurisdiction of
bills for the regulation of child labor in the District. Volume VII,
section 2009.
CHILDREN'S BUREAU.
A proposition for the establishment of a children's bureau was held by
the House to be within the jurisdiction of the Committee on Labor
rather than the Committee on Interstate and Foreign Commerce. Volume
VII, section 1982.
CHILDS.
The Illinois election case of Steward v. Childs in the Fifty-third
Congress. Volume II, section 1056.
CHILTON.
The Senate election case of Horace Chifton, of Texas, in the Fifty-
second Congress. Volume II, section 1228.
The Senate election case of Clarence W. Watson and William E. Chilton,
of West Virginia, in the Sixty-second Congress. Volume VI, section 87.
CHINA.
The embassies of China and Japan were received by the House. Volume V,
sections 7085, 7088.
The inquiry into the conduct of Lobbens R. Wilfey, Judge of United
States Court for China. Volume VI, section 525.
An appropriation for the transportation of officers of the United
States Court for China was held to be authorized by the organic act
creating the court. Volume VII, section 1252.
CHINDBLOM, CARL R., OF Illinois, Chairman.
Decisions on questions of order relating to--
Amendments. Volume VIII, sections 2857, 3458.
Appropriations. Volume VII, sections 1149, 1151, 1338, 1356, 1419,
1434, 1604, 1619, 1641, 1682.
Consent Calendar. Volume VII, section 1001.
Debate. Volume VII, section 960. Volume VIII, sections 2532, 2559,
2582, 2589, 3455.
District of Columbia day. Volume VII, sections 873, 874.
Germaneness. Volume VII, sections 1424, 1435. Volume VIII, sections
2931, 2941, 2996, 3005, 3017.
Holman rule. Volume VII, section 1569.
Objection, by a Delegate. Volume VI, section 241.
Point of order, by a Delegate; Motions, by a Delegate. Volume VI,
section 240.
Private bill. Volume VII, section 2131.
Reading. Volume VIII, section 2352.
Reference to Committee. Volume VII, section 2105.
Substitute. Volume VIII, sections 2889, 2905.
Vote by tellers. Volume VIII, section 3096.
CHINESE.
The subject of immigration of Chinese and Japanese is within the
jurisdiction of the Committee on Foreign Affairs. Volume IV, section
4172.
CHRISMAN.
The Kentucky election case of Chrisman v. Anderson in the Thirty-sixth
Congress. Volume I, section 538.
CHRISTY.
The Georgia case of Wimpy and Christy in the Fortieth Congress. Volume
I, section 459.
CHURCH.
Reed Smoot's membership in a religious hierarchy that united church and
state, contrary to the spirit of the Constitution, was held by the
majority of the Senate committee a reason for vacating his seat. Volume
I, section 482.
CILLEY.
The question of privilege arising from the duel between Jonathan Cilley
and William J. Graves. Volume II, section 1644.
CIMARRON.
The election case of Owen G. Chase, claiming a seat as Delegate from
the Territory of Cimarron in the Fifth Congress. Volume I, section 412.
CITIZENS
In the Belknap trial the messages and counsel for respondent agreed
that a private citizen, apart from offense in an office, might not be
impeached. Volume III, section 2007.
Questions relating to the protection of American citizens abroad and
expatriation belong to the jurisdiction of the Committee on Foreign
Affairs. Volume IV, section 4169.
Questions relating to the protection of American citizens abroad and
expatriation belong to the jurisdiction of the Committee on Foreign
Affairs. Volume VII, section 1883.
Conferring of jurisdiction relative to determination of rights of
American citizens under treaties or in international litigation is a
subject within the jurisdiction of the Committee on the Judiciary.
Volume VII, section 1784.
Native Indians who had served tribal relationship held to be citizens
and entitled to vote. Volume VI, section 148.
Instance of an election contest originated by sundry citizens. Volume
I, section 555.
In rare instances the House has taken notice of the decease of eminent
citizens not of its membership. Volume V, sections 7213-7218.
CITIZENSHIP.
(1) As a qualification of the Member.
(2) As a qualification of the voter.
(1) As a Qualification of the Member.
The Constitution provides that a Member shall fulfill certain
conditions as to age, citizenship, and inhabitancy. Volume I, section
413.
As to the effect of absence from the country on the question of
citizenship. Volume I, section 420.
A Member who had long been a resident of the country, but who could
produce neither the record of the court nor his final naturalization
paper, was nevertheless retained in his seat by the House. Volume I,
section 424.
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. Volume I, section 420.
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. Volume I, section 428.
The Senate decided in 1849 that James Shields was disqualified to
retain his seat, not having been a citizen of the United States for the
required time. Volume I, section 429.
In 1870 a question was raised as to the citizenship of Senator-elect H.
R. Revels, but he was seated, the Senate declining to postpone the
administration of the oath in order to investigate the case. Volume I,
section 430.
A Delegate who, though an alien by birth, had lived in the United
States from an early age and whose father had been a resident for
twenty years, was not disturbed on technical objections as to his
citizenship. Volume I, section 423.
A committee held that under the principles of the common law an alien
might not hold a seat as a Delegate. Volume I, section 423.
In determining citizenship a committee ruled that the domicile of the
father is considered the domicile of the son during the minority of the
son, if he be under the control and direction of the father. Volume I,
section 422.
As to the degree of testimony required to put the burden of proof on a
Member whose status as a citizen was impeached. Volume I, section 427.
The House, overruling its committee, admitted parole evidence to prove
the naturalization of a Member who could produce neither the record of
the court nor his certificate of naturalization. Volume I, section 424.
An alien naturalization by a State court not expressly empowered by the
United States statute so to do was yet held to be qualified as a
citizen. Volume I, section 421.
The court record of naturalization may not be questioned collaterally
by evidence impeaching the facts on which the certificate was issued.
Volume I, section 472.
A woman who had forfeited her citizenship through marriage to a foreign
subject and who later resumed it through naturalization less than seven
years prior to her election was held to fulfill constitutional
requirements as to citizenship to a seat in the House. Volume VI,
section 184.
Under a decision of the Supreme Court an American-born woman married to
a foreigner prior to the passage of the Cable Act and continuing
residence in the United States does not lose citizenship or right to
vote by such marriage. Volume VI, section 166.
Residence in the District of Columbia for years as a newspaper
correspondent and maintenance there of church membership were not
considered to outweigh payment of poll and income taxes, ownership of
real estate, and a record for consistent voting in the district from
which elected. Volume VI, section 55.
(2) As a Qualification of the Voter.
The Constitution defines what shall constitute citizenship of the
United States and of the several States. Volume I, section 419.
CITIZENSHIP--Continued.
(2) As a Qualification of the Voter--Continued.
All persons born or naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the United States and of the
State wherein they reside. Volume I, section 298.
The rights of citizens of the United States to vote shall not be denied
or abridged on account of race, color, or previous condition of
servitude. Volume I, section 299.
The right of citizens of the United States to vote shall not be denied
or abridged on account of sex. Volume VI, section 38.
The House rejected votes cast by persons not naturalized citizens of
the United States, although entitled to vote under the statutes of a
State. Volume I, section 811.
The State constitution making citizenship of the United States a
requisite of the elector, persons deprived of citizenship by a Federal
law for desertion were held disqualified. Volume II, section 865.
Discussion of the right of Congress by legislative declaration to
deprive citizens of a State of their rights as electors. Volume II,
section 865.
A question as to whether or not the votes of persons deprived of
citizenship by an act of Congress should be rejected in a case where
the State law did not require a voter to be a citizen of the United
States. Volume I, section 451.
Naturalization by a court whose authority was unquestioned for years
was sustained by the House. Volume II, section 998.
An instance of citizenship conferred by treaty stipulations. Volume I,
section 422.
The presence of names on a list of foreign citizens enrolled under
authority of a treaty was held prima facie evidence of disqualification
for voting. Volume I, section 830.
CIVIL LAW.
The rule assigns to the Judiciary Committee jurisdiction of subjects
relating to judicial proceedings, civil and criminal law. Volume IV,
section 4054.
CIVIL OFFICERS.
(1) Liable to impeachment under the Constitution.
(2) Impeachment of, as related to term of office.
(1) Liable to Impeachment Under the Constitution.
Treason, bribery, or other high crimes and misdemeanors require removal
of President, Vice-President, or other civil officers on conviction by
impeachment. Volume III, section 2001.
A proposition to impeach a civil officer of the United States is
presented as a question of constitutional privilege. Volume VI,
sections 468, 469.
Argument that a civil officer of the United States may be impeached for
an unindictable offense. Volume VI, section 456.
Elaborate argument of the question whether or not a Senator is a civil
officer within the meaning of the impeachment clause of the
Constitution. Volume III, section 2316.
A committee of the House by majority report held a commissioner of the
District of Columbia not to be a civil officer subject to impeachment
under the Constitution. Volume VI, section 548.
William Blount pleaded that he was not, at the time of pleading, a
Senator and that a Senator was not impeachable as a civil officer.
Volume III, section 2310.
The Senate decided that it had no jurisdiction to try an impeachment
against William Blount, a Senator. Volume III, section 2318.
In the Blount impeachment the managers contended, although in vain,
that all citizens of the United States were liable to impeachment.
Volume III, section 2315.
In the Backnap trial the managers and counsel for respondent agreed
that a private citizen, apart from offense in an office, might not be
impeached. Volume III, section 2007.
In 1833 the Judiciary Committee held that a Territorial judge was not a
civil officer of the United States within the meaning of the
Constitution. Volume III, section 2493.
CIVIL OFFICERS--Continued.
(1) Liable to Impeachment Under the Constitution--Continued.
A question as to whether a vice-consul-general is such an officer as is
liable to impeachment. Volume III, section 2515.
The investigation into the conduct of Oliver B. Bradford, late vice-
consul-general at Shanghai. Volume III, section 2515.
The investigation into the conduct of George F. Seward, late consul-
general at Shanghai. Volume III, section 2514.
(2) Impeachment of, as Related to Term of Office.
Discussion as to whether or not a civil officer may be impeached for an
offense committed prior to his term of office. Volume III, section
2510.
Discussion as to effect of an officer's resignation after the House has
investigated his conduct but before it has impeached. Volume III,
section 2007.
In the Blount case it was conceded that a person impeached might not
avoid punishment by resignation. Volume III, section 2317.
Judge Irwin having resigned before the report of an investigation the
House discontinued proceedings. Volume III, section 2500.
The Senate decided in 1876 that William W. Belknap was amenable to
trial, notwithstanding his resignation of the office before his
impeachment for acts therein. Volume III, section 2007.
CIVIL SERVICE.
Recent history of the Committee on the Civil Service, section 30 of
Rule XI. Volume VII, section 2017.
The Committee on the Civil Service has exercised a general jurisdiction
over bills relating to the status of officers, clerks, and employees in
the civil branches of the Government. Volume VII, section 2018.
The classification of employees in the civil branches of the Government
and their salaries are subjects within the jurisdiction of the
Committee on the Civil Service. Volume VII, section 2020.
The Committee on the Civil Service exercises exclusive jurisdiction of
subjects relating to the retirement of employees in the classified
civil service. Volume VII, section 2021.
The covering of post office departmental positions into the classified
service is a subject within the jurisdiction of the Committee on the
Civil Service and not the Committee on the Post Office and Post Roads.
Volume VII, section 2019.
The granting of indefinite leaves of absence to superannuated employees
of the Post Office Department is a subject within the jurisdiction of
the Committee on the Post Office and Post Roads and not the Committee
on the Civil Service. Volume VII, section 2106.
Legislative propositions relating to the Bureau of Efficiency and needs
of personnel in the executive departments belong to the jurisdiction of
the Committee on the Civil Service and not to the Committee on the
Judiciary. Volume VII, section 2022.
The rule gives the Committee on Reform in the Civil Service
jurisdiction of subjects relating ``to reform in the civil service.''
Volume IV, section 4296.
Matters relating to the Civil Service Commission and alleged violations
of the law have been reported by the Committee on Reform in the Civil
Service. Volume IV, section 4298.
The Committee on Reform in the Civil Service has exercised a general
jurisdiction over bills relating to the status of officers, clerks, and
employees in the civil branches of the Government. Volume IV, section
4297.
Discussion as to the power of the Senate sitting on impeachment trials
to command assistance of the military, naval, or civil service of the
United States. Volume III, section 2158.
CIVIL, SUNDRY, EXPENSES.
The Committee on Appropriations has jurisdiction of legislative,
executive, judicial, and sundry civil expenses of the Government.
Volume IV, section 4032.
CIVIL WAR.
(1) As affecting prima facie title to a seat.--When credentials are
irregular.
(2) As affecting prima facie title to a seat.--When credentials are
regular.
(3) As affecting prima facie title to a seat.--During reconstruction.
(4) As affecting prima facie title to a seat.--In the Senate.
(5) As affecting final right to a seat.--General rule that vacancy
should be declared.
(6) As affecting final right to a seat.--Exceptional decisions
admitting claimants.
(7) As affecting final right to a seat.--In the Senate.
(8) Jurisdiction as to pensions of the.
(1) As Affecting Prima Facie Title to a Seat.--When Credentials are
Irregular.
The House declined to give prima facie effect to credentials signed by
the military governor of a State lately in secession. Volume I, section
379.
The House declined to give prima facie title to the bearer of informal
credentials referring to a constituency notoriously paralyzed by civil
war. Volume I, sections 363, 365.
The House as a matter of course declined to give prima facie effect to
credentials emanating from the loyal provisional Government of a State
lately in secession. Volume I, section 380.
The House did not permit a prima facie effect to credentials coming
from a State lately in insurrection and from a Government of doubtful
standing. Volume I, section 381.
The House declined to give prima facie effect to credentials in the
form prescribed by a Government already suspended and referring to a
district distracted by war. Volume I, section 374.
The House denied prima facie title to a person enrolled by the Clerk on
credentials signed by a mere claimant to the governorship in a State
disrupted by civil war. Volume I, section 376.
The House declined to seat on prima facie showing a claimant declared
elected by the governor's proclamation, the district referred to being
notoriously under duress of civil war. Volume I, section 368.
(2) As Affecting Prima Facie Title to a Seat.--When Credentials are
Regular.
Persons bearing credentials regular in form, but coming from
communities disorganized by civil war, have been excluded until
Congress should determine the status of the constituencies. Volume I,
section 361.
The House declined to honor credentials regular in form but referring
to a constituency notoriously incapacitated by civil war. Volume I,
sections 362, 371.
Credentials regular in form have been presented as a matter of
privilege, although the status of the constituency was, by reason of
civil war, in doubt. Volume I, section 361.
(3) As Affecting Prima Facie Title to a Seat.--During Reconstruction.
In the days of reconstruction the two Houses, by joint rule, excluded
Members-elect with credentials in due form, some entirely, others until
the States were declared by law entitled to representation. Volume I,
section 361.
(4) As affecting Prima Facie Title to a Seat.--In the Senate.
The Senate declined to give prima facie effect to credentials regular
in form but from a State known to be kept from the duress of an armed
foe only by a partial military protection. Volume I, section 382.
Instance wherein the Senate gave immediate prima facie effect to
credentials from a de facto Government in a State disturbed by civil
war. Volume I, section 383.
The Senate declined to admit to a seat a person bearing uncontested
credentials of election by a legislature representing a small fraction
of the people in a seceding State. Volume I, section 384.
CIVIL WAR--Continued.
(4) As Affecting Prima Facie Title to a Seat.--In the Senate--
Continued.
The two Houses of Congress having by law declared the State of
Louisiana in a state of insurrection, the Senate in 1964 did not admit
persons bearing credentials therefrom. Volume I, section 385.
The Senate declined to give prima facie effect to credentials impeached
by charges that a State was not fulfilling in good faith the conditions
of reconstruction. Volume I, section 391.
(5) As Affecting Final Right to a Seat.--General Rule that Vacancy
Should be Declared.
The presumption that those who do not go to the polls acquiesce, does
not apply where a condition of civil war prevents due notice of
election. Volume I, sections 366, 367.
The House declined to hold valid an election participated in by a
little less than half the voters of a district divided between
contending armies. Volume I, section 374.
An election by one-third of the voters of a district was held invalid
when the presence of an armed enemy prevented the remainder from
expressing their wishes. Volume I, section 375.
The House to hold valid an election informally held, and, because of
civil war, participated in by only a small fraction of the voters of
the district. Volume I, section 372.
The House declined to hold valid an election which was entirely broken
up by contending armies so that only fragmentary and informal returns
could be obtained. Volume I, section 373.
The House unseated a person chosen by a few votes, at an election
wholly informal, in a district almost entirely under duress of civil
war. Volume I, section 366.
The House declined to recognize an informal election, participated in
by a mere fraction of the voters, in a district entirely under military
domination. Volume I, section 376.
The House decided against the validity of an election informally held
and participated in by only a few voters, most of the district being
occupied by an armed enemy. Volume I, sections 367, 368.
In time of civil war an election participated in by a small number of
loyal voters was held invalid, more than two-thirds of the district
being unable to participate. Volume I, section 369.
The House considered invalid an election informally held wherein all
but a fraction of the voters were prevented by civil war from
participating. Volume I, section 371.
The House declined to seat a claimant chosen by a few people at an
election wholly informal because of civil war. Volume I, section 362.
The House refused to seat a claimant chosen by a mere fraction of the
people at an election informally called and held in a district under
duress of armed enemies. Volume I, section 363.
(6) As Affecting Final Right to a Seat--Exceptional Decisions Admitting
Claimants.
An instance wherein the House recognized an election legal in form, but
participated in by a small fraction of the voters, the district being
disturbed by civil war. Volume I, section 364.
Instance of an election proven by testimony of participants, the
returning officers serving a secession Government and making no return.
Volume I, section 365.
The House declined to seat a claimant voted for in a district
established by an insurgent authority, and at an election called by
that authority. Volume I, section 370.
The House seated a claimant who had received a third of the votes of a
district, the remainder being cast for candidates for a secessionist
Congress. Volume I, section 365.
The House seated a loyal claimant voted for at an election called on
the legal day, but by the governor of a State in a secession. Volume I,
section 365.
The House sustained an election generally participated in by the
voters, although the district was under martial law and the military
power enforced the State requirements as to qualifications of voters.
Volume I, section 378.
CIVIL WAR--Continued.
(6) As Affecting Final Right to a Seat--Exceptional Decisions Admitting
Claimants--Continued
In 1864 the Elections Committee were divided as to seating persons
chosen under authority of a constitutional convention in a State
recently in insurrection. Volume I, section 381.
In 1864 the Elections Committee favored the seating of claimants coming
from districts almost free from armed foes, but elected in an election
called by a loyal convention and by a fraction of a normal vote. Volume
I, section 380.
The House overruling its committee declined to declare invalid an
election because of intimidation in certain counties by State troops on
duty by order of the governor. Volume I, section 377.
Instance wherein a constitutional convention in a State undergoing
reconstruction authorized the election of Members of Congress in
anticipation of the sanction of Federal law. Volume I, section 388.
(7) As Affecting Final Right to a Seat--In the Senate.
The Senate declined to admit persons elected under the auspices of a
State government representing a portion only of the people in a State
menaced by hostile armies. Volume I, section 382.
From a State distracted by civil war the Senate admitted Senators
chosen by the legislature representing no more than a third or fourth
of the people. Volume I, section 383.
Instance wherein the Senate admitted persons chosen before Congress had
admitted a reconstructed State to representation. Volume I, sections
389, 392.
The Senate finally seated persons elected by a legislature in a
reconstructed State, although after the intervention of Congress other
persons had been elected. Volume I, section 391.
A State having been in secession, the Senate admitted as Senator the
person chosen after the State had conformed to conditions prescribed
bylaw, and refused to admit one chosen prior to such conformity. Volume
I, sections 389, 390.
(8) Jurisdiction as to Pensions of the.
The rule gives the Committee on Invalid Pensions jurisdiction as ``to
the pensions of the civil war.'' Volume IV, section 4258.
The Committee on Invalid Pensions reports general and special bills
authorizing payments of pensions to soldiers of the civil war, but
actual appropriations therefor are reported by the Committee on
Appropriations. Volume VII, section 1988.
CLAGETT.
The Senate election case of Clagett v. Dubois, of Idaho, in the Fifty-
second congress. Volume II, section 1061.
CLAIMANT.
A contention that the admissions of a claimant might not waive a prima
facie title in which the people of the district were interested. Volume
I, section 45.
CLAIMS.
(1) The law for sending from the House to the Court of Claims.
(2) Bills relating to, require consideration in Committee of the Whole.
(3) Private bills relating to, referred only to certain committees.
(4) Jurisdiction of several committees over.--Claims.
(5) Jurisdiction of several committees over.--War Claims.
(6) Jurisdiction of several committees over.--Private Land Claims.
(7) Jurisdiction of several committees over.--Judiciary.
(8) Jurisdiction of several committees over.--In general.
(9) Payment of, on general appropriation bills.
(10) No officer or employee to be an agent for.
(11) Consideration of, in general.
CLAIMS--Continued.
(1) The Law for Sending From the House to the Court of Claims.
The Bowman and Tucker acts, so-called, for assisting Congress in the
settlement of claims. Volume IV, section 3303.
The statutes provide that the House or any one of its committees having
jurisdiction may transmit a claim to the Court of Claims for a finding
of fact, which shall be transmitted to the House through the Speaker.
Volume IV, section 3303.
Reports from the Court of Claims do not remain on the Calendar from
Congress to Congress, even when a law seems so to provide. Volume IV,
section 3298.
Under the present practice, reports from the Court of Claims under the
Bowman Act, which are also reported by a House committee and sent to
the Private Calendar, do not remain on that Calendar during a
succeeding Congress. Volume IV, sections 3299-3302.
The right of a claims committee to report with the status of a private
bill a resolution providing for sending a series of specified claims to
the Court of Claims has been affirmed. Volume IV, section 3297.
When an act passes for the settlement of a claim the Clerk may transmit
the papers relating thereto to the officer charged with the settlement.
Volume V, section 7256.
Reference to the statute providing for taking testimony in private
claims pending before a committee. Volume III, section 1826.
A bill conferring jurisdiction on the Court of Claims to hear and
report on claims of Indian tribes against the United States was classed
as a public bill. Volume VII, section 870.
(2) Bills relating to, Require Consideration in Committee of the Whole.
All appropriations of public moneys or property, and propositions to
release any liability to the United States or refer any claim to the
Court of Claims are considered in Committee of the Whole. Volume IV,
section 4792.
Formerly a bill referring a claim to the Court of Claims did not
require consideration in Committee of the Whole, but a rule has changed
this practice. Volume IV, sections 3101-3104.
It was formerly held (before the change in section 3 of Rule XXIII)
that a bill referring a claim to the Court of Claims did not require
consideration in the Committee of the Whole. Volume IV, section 4860.
Under the later practice, bills for the adjudication and payment of
claims require consideration in Committee of the Whole. Volume IV,
sections 4856-4859.
Bills for the adjudication and payment of claims require consideration
in Committee of the Whole. Volume VIII, section 2414.
A bill providing for inquiry by the Court of Claims without conferring
authority to render final judgment does not require consideration in
the Committee of the Whole. Volume VII, section 870.
A bill releasing a lien of the government while increasing the security
of the Government's claim requires consideration in Committee of the
Whole and is properly referred to the Union Calendar. Volume VI,
section 746.
Form of special order for consideration of an omnibus claims bill in
the House and in Committee of the Whole, with arrangement for purging
the bill of unauthorized items. Volume IV, section 3251.
(3) Private Bills Relating to, Referred Only to Certain Committees.
A bill for the payment or adjudication of any private claims against
the Government must be referred to one of these committees--Claims, War
Claims, Private Land Claims, Pensions, Invalid Pensions, Accounts.
Volume IV, section 4380.
A bill to provide a commission to settle claims against the Government
does not fall within the rule requiring private claims to be referred
only to certain specified committees. Volume IV, section 4381.
CLAIMS--Continued.
(3) Private Bills Relating to, Referred Only to Certain Committees--
Continued.
A bill for the payment or adjudication of any private claim against the
Government must be referred to one of these committees--Invalid
Pensions, Pensions, Claims, War Claims, Public Lands, Accounts. Volume
VII, section 2129.
Private bills and joint resolutions, and amendments thereto, carrying
appropriations within the limits of the jurisdiction of the Committees
on Invalid Pensions, Pensions, Claims, War Claims, Public Lands and
Accounts, do not fall within the rule forbidding consideration of items
proposing appropriations in connection with bills reported by
nonappropriating commits. Volume VII, section 2134.
(4) Jurisdiction of Several Committees Over.--Claims.
The Committee on Claims, in exercising its jurisdiction, reports bills
which make appropriations from the Treasury. Volume IV, section 4262.
The rule gives to the Committee on Claims jurisdiction of subjects
relating ``to private and domestic claims and demands, other than war
claims, against the United States.'' Volume IV, section 4262.
Although proposing a direct appropriation, a bill for the adjudication
of any private claim against the Government must be referred to the
Committee on Claims. Volume VII, section 2130.
The Committee on Claims has jurisdiction over appropriations for the
payment of claims other than war claims against the United States and
items providing appropriations for such purposes in bills reported by
the committee are not subject to the point of order that jurisdiction
to report appropriations rests exclusively in the Committee on
Appropriations. Volume VII, section 1992.
General bills providing for the consideration and adjudication of
classes of claims are within the jurisdiction of the Committee on
Claims. Volume VII, section 2001.
Legislative propositions relating to claims of a Territory against the
United States are within the jurisdiction of the Committee on Claims.
Volume VII, section 1996.
The Committee on Claims has shared in jurisdiction over public bills
for adjusting accounts between the United States and the several States
and Territories. Volume IV, section 4267.
The Committee on Claims has reported general (as distinguished from
special) bills providing for disposition of classes of claims, like the
French spoilation claims, by the Court of Claims. Volume IV, section
4263.
The jurisdiction of French spoilation claims belongs to the Committee
on Claims. Volume IV, section 4264.
Appropriations for payment of French spoilation claims being included
in a private bill reported by the Committee on War Claims the Chairman
of the Committee of the Whole House ordered them stricken out, as
belonging to the jurisdiction of the Committee on Claims. Volume IV,
section 4265.
A bill providing relief for loss of property resulting from flood due
to failure of an irrigation dam erected under authorization of
legislation reported by the Committee on Public Lands was transferred
from that committee to the Committee on Claims. Volume VII, section
2000.
Bills relating to claims of postmasters for unavoidable losses are
within the jurisdiction of the Committee on Claims and not of the
Committee on the Post Office and Post Roads. Volume VII, section 1999.
Legislative proposals relating to claims for expenses incurred under
direction of the Army and claims of Army personnel belong to the
jurisdiction of the Committee on Claims and not the Committee on
Military Affairs. Volume VII, section 1998.
(5) Jurisdiction of Several Committees Over.--War Claims.
The Committee on War Claims has exercised a general but not exclusive
jurisdiction over general bills providing for the adjudication or
settlement of classes of war claims. Volume VII, section 2003.
CLAIMS--Continued.
(5) Jurisdiction of Several Committees Over.--War Claims--Continued.
The rule gives to the Committee on War Claims jurisdiction of ``claims
arising from any war in which the United States has been engaged.''
Volume IV, section 4269.
The Committee on War Claims has exercised a general but not exclusive
jurisdiction over general bills providing for the adjudication or
settlement of classes of war claims. Volume IV, section 4270.
The Committee on War Claims has reported in a few instances bills
relating to claims arising out of Indian hostilities. Volume IV,
section 4272.
The war claims of States and Territories against the United States have
been considered, although not exclusively, by the Committee on War
Claims. Volume IV, section 4271.
(6) Jurisdiction of Several Committees Over.--Private Land Claims.
The rule gives to the Committee on Private Land Claims jurisdiction as
``to private claims to land.'' Volume IV, section 4273.
The Committee on Private Land Claims has exercised jurisdiction over
general as well as special bills relating to the adjudication and
settlement of private claims to land. Volume IV, section 4275.
(7) Jurisdiction of Several Committees Over.--Judiciary.
The jurisdiction of general legislation relating to international
claims has been exercised frequently by the Committee on the Judiciary.
Volume IV, section 4081.
General legislation for the relief of Government employees injured in
the discharge of their official duties is within the jurisdiction of
the Committee on the Judiciary and not the Committee on Claims. Volume
VII, section 1777.
The Committee on the Judiciary has reported general legislation as to
claims against the United States and as to procedure and jurisdiction
of the Court of Claims. Volume VII, section 1752.
Claims of States against the United States and the adjustment of
accounts between the States and the United States have been considered
by the Judiciary Committee. Volume IV, section 4080.
The Judiciary Committee has reported general legislation as to claims
of laborers, Territorial and District claims, war claims, etc. Volume
IV, section 4079.
The Judiciary Committee has reported propositions of general
legislation to regulate the adjudication of claims of various kinds
against the Government. Volume IV, section 4078.
Bills relating to pensioners' oaths and fraudulent claims have been
reported by the Judiciary Committee. Volume IV, section 4074.
(8) Jurisdiction of Several Committees Over--In General.
The Committee on Foreign Affairs has exercised a general but not
exclusive jurisdiction over projects of general legislation relating to
claims having international relations. Volume IV, section 4168.
The Committee on Foreign Affairs has exercised general but not
exclusive jurisdiction over projects of general legislation pertaining
to claims having international relations. Volume VII, section 1882.
Awards of money to foreign nations in pursuance of treaties for the
adjustment of claims or as acts of grace have been reported by the
Committee on Appropriations. Volume IV, section 4050.
The Committee on Labor has reported bills proposing general legislation
as to classes of claims under the eight-hour law. Volume IV, section
4251.
The subjects of the mineral-land laws and claims and entries thereunder
have been within the jurisdiction of the Committee on Mines and Mining.
Volume IV, section 4228.
The subjects of the mineral laws and claims and entries thereunder have
been within the jurisdiction of the Committee on Mines and Mining.
Volume VII, section 1955.
CLAIMS--Continued.
(8) Jurisdiction of Several Committees Over--In General--Continued.
The Committee on Public Lands has reported projects of general
legislation relating to various classes of land claims, as related both
to States and individuals. Volume IV, section 4203.
The Committee on Indian Affairs has jurisdiction of both general and
special bills as to claims which are paid out of Indian funds. Volume
IV, section 4206.
Bills relating to the adjudication of claims of Indians and Indian
tribes against the United States comes within the jurisdiction of the
Committee on Indian Affairs. Volume VII, section 1935.
General and special bills as to claims to be paid out of Indian funds
and the adjudication of claims arising out of Indian depredation come
within the jurisdiction of the Committee on Indian Affairs and not the
Committee on Claims. Volume VII, section 1934.
A proposition to establish a system for dealing with a certain class of
claims in the Philippines was referred by the House to the Committee on
Insular Affairs. Volume IV, section 4216.
In a few instances the Committee on Military Affairs has reported
general bills providing for the adjustment of claims arising out of
war. Volume IV, section 4188.
Claims of Military personnel for loss of private property destroyed in
the service, and bills for the relief of persons and organizations of
persons who served in the Military forces of the United States have
been considered by the Committee on Military Affairs. Volume VII,
section 1898.
Bills authorizing the payment of claims for losses of private property
incident to service in the Navy have been reported by the Committee on
Naval Affairs. Volume VII, section 1912.
A bill providing for a more expeditious settlement of money claims
against the United States was on reconsideration referred to the
Committee on Expenditures. Volume VII, section 2046.
Bills relative to adjustment of claims occasioned by activities of the
Coast and Geodetic Survey, formerly considered by the Committee on
Interstate and Foreign Commerce, are now reported by the Committee on
Merchant Marine and Fisheries. Volume VII, section 1817.
While bills relating to individual claims of postmasters for
reimbursement for unavoidable losses belong to the jurisdiction of the
Committee on Claims, general legislation providing for disposition of
such claims has been reported by the Committee on the Post Office and
Post Roads. Volume VII, section 1917.
An instance wherein, by unanimous consent, bills relating to private
claims were transferred from the Committee on Claims to the Committee
on Ways and Means, thereby conferring jurisdiction. Volume VII, section
2107.
Control and disposition of alien property held by the United States,
and the adjudication of conflicting claims of American subjects against
foreign governments and foreign subjects against the United States are
within the jurisdiction of the Committee on Ways and Means. Volume VII,
section 1737.
(9) Payment of, on General Appropriation Bills.
Propositions to pay private claims against the Government (except
judgments of the courts or audited claims) are not in order on general
appropriation bills. Volume IV, sections 3619-3624, 3802.
Legislative propositions relating to private claims against the
Government are within the exclusive jurisdiction of the Committee on
Claims and items in bills reported by the Committee on Appropriations
providing for reimbursement for such claims are subject to a point of
order. Volume VII, section 1994.
It is in order, on the deficiency bill, to appropriate for the payment
of judgments of the courts certified to Congress in accordance with the
law. Volume IV, sections 3641, 3642.
A claim having been adjudicated under authority of a treaty an
appropriation for its payment was admitted on the deficiency bill.
Volume IV, section 3644.
CLAIMS--Continued.
(9) Payment of, on General Appropriation Bills--Continued.
Payment of a claim from surplus funds of the Sugar Equalization Board,
a corporation created by act of Congress, the assets of which are by
law converted into the Treasury upon liquidation of the corporation
board, was held not to be subject to a point of order under section 4
of Rule XXI. Volume VII, section 2158.
Appropriations for claims arising out of the operation of the merchant
marine during the war were held to be authorized by the merchant marine
act of 1920. Volume VII, section 1162.
Findings filed by the court under the Bowman Act do not constitute such
adjudications of claims as justify appropriation in the general
deficiency appropriation bill. Volume IV, section 3643.
It is not in order to appropriate in the deficiency bill for an
unadjudicated claim, even though it be transmitted to the House by an
Executive message. Volume IV, section 3628.
The payment of an unadjudicated claim, even though the amount be
ascertained and transmitted by the head of an Executive Department, is
not in order on the deficiency bill. Volume IV, sections 3625-3627.
The payment of a claim for unliquidated damages is unauthorized by law
and not in order on an appropriation bill. Volume VII, section 1287.
A proposition to pay an unliquidated claim against the Government is
not in order on an appropriation bill. Volume VII, section 1289.
Appropriations for payment of claims, even such as have been
investigated and reported on by officers of the Government, are not in
order on a general appropriation bill. Volume IV, sections 3629-3631.
A proposition to pay a claim reported on favorably by a board of
officers is not in order on the deficiency bill unless the expenditure
for the object has been authorized by law. Volume IV, section 3633.
It is in order to provide, on an appropriation bill as a deficiency,
for the payment of a claim audited under authority of law. Volume IV,
sections 3634, 3635.
It is in order to provide, on an appropriation bill as a deficiency,
for the payment of an account audited under authority of law, but it is
not in order to provide for such auditing. Volume IV, sections 3636,
3637.
The fact that a Department officer has reported on a claim in
accordance with a direction of law does not thereby make an audited
claim for which provision may be made in an appropriation bill. Volume
IV, sections 3632, 3639, 3640. Volume VII, section 1288.
The Comptroller having ascertained the amount of a claim on appeal, an
appropriation bill may not carry a larger amount found by the Auditor,
who has been overruled. Volume IV, section 3638.
It is in order to provide on a general appropriation bill that no part
of a certain appropriation shall be expended in payment of an
adjudicated claim until the said claim shall have been certified as
finally adjudicated. Volume IV, section 3641.
It is in order on a deficiency appropriation bill to appropriate in
payment of a contract lawfully made. Volume IV, sections 3645, 3546.
An appropriation to reimburse officials for services and expenses,
however valid, is an appropriation for a private claim and is not in
order on an appropriation bill. Volume VII, section 1184.
(10) No Officer or Employee to Be an Agent for.
No officer or employee of the House shall be an agent for the
prosecution of a claims. Volume V, section 7227.
Duty of the Committee on Accounts to examine as to observance of the
rule forbidding officers and employees of the House from being
interested in claim against the Government. Volume V, section 7227.
CLAIMS--Continued.
(11) Consideration of, in General.
An early requirement of the House was that a claimant should present a
petition signed by himself as the foundation for his claim. Volume IV,
section 3324.
By a standing order long in force private business from the Committee
on Claims and War Claims alternates on all Fridays devoted to private
business, except the 2d and 4th of each month. Volume IV, section 3266.
A bill authorizing one tribe of Indians to sue another in the Court of
Claims was held to be a private bill. Volume IV, section 3290.
A message from President Monroe asking for an adjustment of certain
personal claims was referred to a select committee with instructions.
Volume V, section 6632.
CLAIMS, COMMITTEE ON.
The creation and history of the Committee on Claims, section 31 of Rule
XI. Volume IV, section 4262.
Recent history of the Committee on Claims, section 26 of Rule XI.
Volume VII, section 1991.
The Committee on Claims in exercising its jurisdiction reports bills
which make appropriations from the Treasury. Volume IV, section 4262.
Although proposing a direct appropriation, a bill for the adjudication
of any private claim against the Government must be referred to the
Committee on Claims. Volume VII, section 2130.
The rule gives to the Committee on Claims jurisdiction of subjects
relating ``to private and domestic claims and demands, other than war
claims, against the United States.'' Volume IV, section 4262.
A bill for the payment or adjudication of any private claims against
the Government must be referred to one of these committees--Claims, War
Claims, Private Land Claims, Pensions, Invalid Pensions, Accounts.
Volume IV, section 4380.
The Committee on Claims has reported general as distinguished from
special bills providing for disposition of classes of claims, like the
French spoliation claims, by the Court of Claims. Volume IV, section
4263.
General bills providing for the consideration and adjudication of
classes of claims are within the jurisdiction of the Committee on
Claims. Volume VII, section 2001.
The Committee on Claims has shared in jurisdiction over public bills
for adjusting accounts between the United States and the several States
and Territories. Volume IV, section 4267.
Bills for the redemption of lost bonds, checks, and coupons are
reported by the Committee on Claims. Volume IV, section 4266.
A private bill providing for a rehearing and a readjudication in the
Court of Claims belongs to the jurisdiction of the Committee on Claims
and not to the Committee on the Judiciary. Volume IV, section 4268.
Bills relating to claims of Postmasters for unavoidable losses are
within the jurisdiction of the Committee on Claims and not of the
Committee on the Post Office and Post Roads. Volume VII, section 1999.
While bills relating to individual claims of postmasters for
reimbursement for unavoidable losses belong to the jurisdiction of the
Committee on Claims, general legislation providing for disposition of
such claims has been reported by the Committee on the Post Office and
Post Roads. Volume VII, section 1917.
Bills authorizing the refund of customs duties have been reported by
the Committee on Claims. Volume VII, section 1997.
Legislative proposition relating to claims of a Territory against the
United States are within the jurisdiction of the Committee on Claim.
Volume VII, section 1996.
The relief of Government employees for losses sustained by reason of
unmerited discharge or the undeserved infliction of penalties is a
subject within the jurisdiction of the Committee on Claims, Volume VII,
section 1995.
CLAIBORNE.
The Mississippi election cases of Gholson, Claiborne, Prentiss, and
Ward in the Twenty-fifth Congress. Volume I, section 518.
CLARK, CHAMP, of Missouri, Speaker.
Decisions on questions of order relating to--
Adjourn, motion to. Volume VI, section 673. Volume VIII, sections 2377,
2644.
Amend, motion to. Volume VIII, section 2712.
Amendment, acceptance of. Volume VIII, section 2832.
Amendment, between the Houses. Volume VIII, sections 3177, 3192.
Amendment, germaneness of. Volume VIII, sections 2704, 2705, 2706,
2708, 2709, 2955, 2957, 2961, 2963, 2973, 2983, 2994, 3001, 3045, 3051.
Amendment of a proposition already passed upon. Volume VIII, section
2850.
Amendment, separate vote. Volume VIII, sections 2420, 3191.
Amendment, reading of before consideration. Volume VII, section 1059.
Appropriations. Volume VI, section 722. Volume VII, sections 1412,
1635, 1715. Volume VIII, section 2702.
Bills. Volume VII, sections 1063, 1075.
Business postponed. Volume VIII, section 2614.
Calendar Wednesday. Volume VI, section 752. Volume VII, sections 883,
900, 904, 911, 912, 917, 918, 927, 933, 939, 944, 951, 970, 1095, 2117,
2118.
Calendars. Volume VI, sections 736, 745, 746. Volume VII, sections 864,
868, 941, 977, 983. Volume VIII, sections 2389, 2390, 2409, 2416, 2633.
Call of committees. Volume VI, sections 751, 753.
Call of the House. Volume VI, sections 683, 691, 693, 703.
Census bill. Volume VI, section 50.
Ceremonies. Volume VIII, section 3525.
Commit, motion to. Volume VIII, sections 2760, 3384.
Committee amendments. Volume VIII, section 2863.
Committee of the Whole. Volume VIII, section 2398.
Committee of the Whole, resolving into. Volume VII, sections 783, 789.
Committee on Accounts. Volume VIII, section 2415.
Committee on Rules, reports from. Volume VIII, section 2256.
Committee, order to discharge. Volume VII, section 1818.
Committee reports. Volume VI, section 386. Volume VIII, section 2266.
Committees, action of. Volume VIII, sections 2211, 2212.
Committees, motions for election of Members to. Volume VIII, section
2172.
Committees, Jurisdiction of. Volume VII, sections 1748, 1783, 2019,
2108.
Concur, motion to. Volume VIII, sections 2687, 3178, 3180.
Concur with an amendment, motion to. Volume VIII, sections 3200, 3201.
Concurrent resolution for a joint meeting of the two Houses of the next
session. Volume VIII, section 3336.
Conferees. Volume VIII, sections 2264, 3221, 3224, 3243, 3246, 3252,
3258, 3264, 3288, 3330.
Conference committees. Volume VIII, sections 2193, 3228.
Conference, motion for. Volume VIII, section 3213.
Conference report. Volume VIII, sections 3248, 3263, 3267, 3284, 3289,
3293, 3298, 3302, 3326, 3329.
Consent Calendar. Volume VII, section 300. Volume VIII, section 3405.
Consent rule. Volume VII, section 995.
Consideration of a legislative proposition not reported by a committee.
Volume VII, section 2104.
Contestant is entitled to be heard. Volume VI, section 139.
CLARK, CHAMP, of Missouri, Speaker--Continued.
Decisions on questions of order relating to--Continued.
Debate. Volume VI, sections 287, 416. Volume VIII, sections 2431. 2454.
2460, 2463, 0465, 2468, 2482, 2488, 2509, 2511, 2535, 2536, 2555, 2565,
2690.
Discharge, motion to. Volume VII, section 1019.
Dispense with business, motion to. Volume VII, section 916.
Division of the question. Volume VIII, sections 2272, 3165, 3173, 3432.
Executive session, motion to go into. Volume VIII, section 3630.
Extension of remarks. Volume VII, section 1024.
House, presentation of eminent foreign statesmen. Volume VIII, section
3537.
Instruct conferees, motion to. Volume VII, section 774. Volume VIII,
sections 2675, 3231, 3236, 3240, 3394.
Joint sessions. Volume VIII, section 3333.
Journal. Volume VI, sections 627, 630, 633, 634, 635.
Lay on the table, motion to. Volume VI, section 412. Volume VIII,
sections 2649, 2652, 2816.
Members, not to confer with a respondent at the bar. Volume VI, section
333.
Member. Volume VI, section 193.
Member, oath of. Volume VI, section 11.
Member, resignation from committees. Volume VIII, section 3074.
Memorials. Volume VII, section 1025.
Message, from the other House. Volume VIII, section 3338.
Motions, withdrawal. Volume VIII, section 2639.
Order of business. Volume VII, section 965.
Preferential motions. Volume VI, sections 717, 719. Volume VIII,
section 3204.
President, messages of. Volume VIII, sections 3344, 3347, 3348, 3352.
Previous question. Volume VIII, sections 2174, 2672, 2678, 2681, 2686.
Privilege. Volume VI, sections 395, 397, 415, 602, 605, 728, 734.
Volume VII, section 2119. Volume VIII, sections 2295, 2300, 2481, 2599,
2600, 2688, 3378, 3654.
Privileged question. Volume VI, sections 469, 554, 561, 564, 566, 567,
578, 581, 591, 593, 596, 601, 606, 612, 615. Volume VII, sections 908,
909, 910. Volume VIII, sections 2495, 2599, 2600, 3465, 3491, 3495.
Privileged reports. Volume VIII, sections 2230, 2232, 2255, 2610.
Postpone, motion to. Volume VIII, sections 2436, 2617.
Quorum. Volume VI, sections 625, 638, 652, 658, 661, 662, 713. Volume
VIII, sections 2805, 2806, 2810, 3122, 3161.
Reading of papers. Volume VIII, section 2597.
Recede and concur, motion to. Volume VIII, section 3198.
Recess, motion for. Volume VIII, section 3354.
Recognition. Volume VI, sections 283, 290, 299, 300, 309, 380. Volume
VII, section 948. Volume VIII, sections 2227, 2439, 2461, 2545, 2682,
2685, 2731, 2764, 2765, 2767, 2769, 2772, 2773, 2774, 3319, 3403, 3405,
3407.
Recommit, motion to. Volume VIII, sections 2270, 2713, 2715, 2716,
2717, 2719, 2726, 2734, 2738, 2745, 2752, 2755, 2759, 2763, 2764, 2765,
2766.
Recommitment to conference. Volume VIII, section 3309.
Reconsider, motion to. Volume VIII, sections 2775, 2778, 2784, 2787,
2788, 2791, 2793, 2794.
Record. Volume VII, section 2165. Volume VIII, sections 3461, 3466,
3483. 3493.
Refer, motion to. Volume VI, section 373. Volume VIII, sections 2740,
2742.
Reference. Volume VI, section 749. Volume VII, sections 1033, 1799,
1810, 1863, 1883, 1930, 1953, 1978, 1999, 2067, 2071, 2101, 2106, 2110,
2124, 2125, 2127, 2128.
Reprints of hearings. Volume VIII, section 3666.
CLARK, CHAMP, of Missouri, Speaker--Continued.
Decisions on questions of order relating to--Continued.
Resolution of inquiry. Volume VI, sections 421, 422, 423, 429, 430.
Resolution to arrest absentees. Volume VI, sections 265, 686.
Roll call. Volume VI, sections 193, 194, 195. Volume VIII, section
3153.
Rules, resolution to amend. Volume VIII, section 2263.
Senate amendments. Volume VIII, sections 3175, 3232.
Senate bills, calling up by House. Volume VI, section 739.
Sergeant-at-Arms. Volume VI, section 30.
Signal bells. Volume VIII, section 3155.
Sine die adjournment resolution. Volume VIII, section 3372.
Speaker pro tempore. Volume VI, sections 265, 274.
Speaker's table, motion to take from. Volume VIII, section 3367.
Special orders. Volume VII, sections 758, 760, 771.
Suspension of the order of business. Volume VI, section 711.
Suspension of the rules. Volume VIII, section 3397.
Treaties. Volume VI, section 324.
Unanimous consent. Volume VI, sections 729, 732. Volume VII, section
946.
Unfinished business. Volume VI, section 753. Volume VII, section 895.
Volume VIII, section 2691, 2694.
Union Calendar. Volume VIII, sections 2404, 2406.
Veto message. Volume VII, section 1103.
Vetoed bill. Volume VII, section 1105.
Voting. Volume VII, section 1111. Volume VIII, sections 3069, 3070,
3071, 3082, 3085, 3087, 3088, 3089, 3093, 3108, 3111, 3115, 3125, 3127,
3139, 3145, 3147, 3151, 3157, 3162, 3503.
CLARK, ELECTION CASES OF.
The Iowa election case of Clark v. Hall in the Thirty-fourth Congress.
Volume I, section 832.
The Alabama election case of Threet v. Clark in the Fifty-first
Congress. Volume II, section 1025.
The Alabama election case of Clark v. Stallings in the Fifty-fifth
Congress. Volume I, section 747.
The Senate election cases of Sanders, Power, Clark, and Maginnis from
Montana in the Fifty-first Congress. Volume I, section 358.
The Senate election case of William A. Clark from Montana in the Fifty-
sixth Congress. Volume I, sections 692-695.
The Georgia election case of Clark v. Moore, in the Sixty-eighth
Congress. Volume VI, section 161.
The Kansas election case of Clark v. White, in the Seventieth Congress.
Volume VI, section 175.
The Georgia election case of Clark v. Edwards, in the Sixty-eighth
Congress. Volume VI, section 168.
CLARK, JOHN B., Clerk.
In 1885 the Clerk honored the Nebraska credentials which, although they
did not fully comply with the law, were identical in form with
certificates sent from that State to former Congresses. Volume I,
section 52.
CLARK, JOHN C., of New York, Chairman.
Decisions on questions of order relating to--
Committee of the Whole. Volume IV, section 4909.
Quorum. Volume IV, section 2973.
CLARK, M. ST. C., Clerk.
In earlier days the Clerk of the last House, presiding at the
organization, declined to decide questions of order and referred them
to the House. Volume I, section 68.
CLARKE, ELECTION CASE OF.
The Texas election case of Giddings v. Clarke in the Forty-second
Congress. Volume I, sections 601-604.
CLARKE, JAMES P., of Arkansas, President pro tempore.
Decisions on questions of order relating to--
Jefferson's Manual not a direct authority. Volume VIII, section 3382.
CLASSIFIED CIVIL SERVICE.
The classification of employees in the civil branches of the Government
and their salaries are subjects within the jurisdiction of the
Committee on the Civil Service. Volume VII, section 2020.
The Committee on the Civil Service exercises exclusive jurisdiction of
subjects relating to the retirement of employees in the classified
civil service. Volume VII, section 2021.
The covering of post office departmental positions into the classified
service is a subject within the jurisdiction of the Committee on the
Civil Service and not the Committee on the Post Office and Post Roads.
Volume VII, section 2019.
Bills relating to the classification of salaries of postal employees
are within the jurisdiction of the Committee on the Post Office and
Post Roads. Volume VII, section 1922.
CLAY, CLEMENT C., of Alabama, Speaker pro tempore.
Decisions on questions of order relating to--
Censure of a Member. Volume II, section 1248.
Privilege. Volume II, section 1366.
CLAY, HENRY, of Kentucky, Speaker.
Decisions on questions of order relating to--
Conference reports. Volume V, section 6407.
Debate. Volume V, sections 4986, 5043, 5161, 5167.
Electoral count. Volume III, section 1935.
Speaker's office. Volume II, section 1307.
Speaker's vote. Volume V, section 5968.
Charges being made by a member against the official conduct of Mr.
Speaker Clay he appealed to the House for an investigation, which was
granted. Volume II, section 1362.
Rising in his place Mr. Speaker Clay addressed the House, announcing
his resignation. Volume I, section 231.
Mr. Speaker Clay announced to the House his resignation of the
Speakership, but his resignation as a Member appears only from the
credentials of his successor. Volume II, section 1356.
As Senator tenders his resignation to take effect at a future date.
Volume II, section 1227.
CLAYTON.
The Arkansas election case of Clayton v. Breckinridge in the Fifty-
first Congress. Volume II, sections 1018, 1019.
The Alabama election case of Comer v. Clayton in the Fifty-fifth
Congress. Volume I, section 745.
CLAYTON ANTITRUST ACT.
Bills authorizing associations of producers of agricultural products
and limiting the effect of the Clayton Antitrust Act with references to
agricultural associations have been reported by the Judiciary
Committee. Volume VI, section 1765.
CLAYTON, HENRY D., of Alabama, Speaker pro tempore.
Decisions on questions of order relating to--
Recommit. Volume VIII, section 2699.
CLEARING.
Bills of lading, liability of shipowners, and entering and clearing
vessels are subjects which have been within the jurisdiction of the
Committee on Interstate and Foreign Commerce. Volume IV, section 4137.
CLEMENTS.
The Tennessee election case of Andrew J. Clements in the Thirty-seventh
Congress. Volume I, section 365.
CLERK.
(1) One of the elective officers of the House.
(2) Acts in a new House until a successor is elected.
(3) Election of.--As related to the transaction of business at time of
organization.
(4) Election of.--To fill a vacancy.
(5) Designation of.--Clerk pro tempore.
(6) Administration of oath to.
(7) Makes the roll at organization.--Law and practice.
(8) Makes the roll at organization.--House may overrule.
(9) Makes the roll at organization.--Considers status of constituency.
(10) Makes the roll at organization.--Question of qualifications.
(11) Makes the roll at organization.--Question as to the day of
election.
(12) Makes the roll at organization.--Question as to term of service.
(13) Makes the roll at organization.--Credentials from Government of
doubtful status.
(14) Makes the roll at organization.--Irregular credentials.
(15) Makes the roll at organization.--When the credentials raise
doubts.
(16) Makes the roll at organization.--Credentials passed on by State
courts.
(17) Makes the roll at organization.--Conficting credentials.
(18) Makes the roll at organization.--No credentials.
(19) Presides at organization.--Rule as to.
(20) Presides at organization.--Decides questions of order, preserves
order, etc.
(21) Presides at organization.--General authority of.
(22) Presides at organization.--Action of Member-elect when he has
declined to put a question.
(23) Presides at organization.--Supplanted by a chairman.
(24) Presides in case of death, resignation, or absence of Speaker.
(25) Legislative duties.--As to the Journal and questions of order.
(26) Legislative duties.--Custodian of the seal, and attests writs,
etc.
(27) Legislative duties.--Messages, inquires, etc.
(28) Legislative duties.--Custodian of papers.
(29) Legislative duties.--As to motions, bills, etc.
(30) Legislative duties.--Receives testimony forwarded in election
cases.
(31) Duties as an executive officer.
(32) In relation to employees.
(33) Charges against, and removal.
(34) Death of.
(1) One of the Elective Officers of the House.
The elective officers of the House, in addition to the Speaker, are the
Clerk, Sergeant-at-Arms, Doorkeeper, Postmaster, and Chaplain. Volume
I, section 187.
(2) Acts in a New House Until a Successor is Elected.
The Clerk of the former House continues to act as Clerk of the new
House until his Successor is Elected. Volume I, section 244.
CLERK--Continued.
(2) Acts in a New House Until a Successor is Elected--Continued.
Discussion as to whether or not the Clerk in the former House continues
until his successor is elected. Volume I, section 188.
The House formerly provided by special rule that the Clerk should
continue in office until another should be appointed. Volume I, section
187.
The House in a rule continuing the Clerk in office until the election
of his successor assumed to perpetuate its authority beyond its own
existence. Volume I, section 235.
(3) Election of.--As Related to the Transaction of Business at Time of
Organization.
The election of the Clerk of the House presents a question of
privilege. Volume I, section 237.
A Speaker having been elected, the House has proceeded to legislative
and other business before the election of a Clerk. Volume I, section
244.
It has been decided that notwithstanding the requirements of the act of
1789 the House may proceed to business before the election of a Clerk.
Volume I, section 242.
A question has arisen as to whether or not the House, in the face of
the provision of law, may proceed to business before the election of a
Clerk. Volume I, section 243.
In 1867 the law of 1789 was considered as binding the House to elect a
Clerk before proceeding to business. Volume I, section 241.
The House has held, notwithstanding the law of 1789, that it may adopt
rules before electing a Clerk. Volume I, section 245.
In 1860 the House decided that it might inform the Senate and President
of its organization and election of a Speaker before it had elected a
Clerk. Volume I, section 240.
(4) Election of.--To Fill a Vacancy.
The office of the Clerk becoming vacant it was held that the House
would not be organized for business until a Clerk should be elected.
Volume I, section 237.
The Clerk having died the House at once elected a successor, declining
to have the Chief Clerk fill the vacancy temporarily. Volume I, section
236.
The Clerk having resigned, the House after some intervening business,
elected his successor. Volume I, section 239.
The Clerk having resigned the House elected his successor. Volume I,
section 238.
(5) Designation of Clerk pro tempore.
In the temporary absence of the Clerk the House has chosen a Clerk pro
tempore. Volume I, section 238.
The Clerk, desiring to be away, the House gave him leave of absence.
Volume I, sections 246, 247.
In case of temporary absence or disability the Clerk designates a Clerk
pro tempore. Volume VI, section 25.
Form of designation of a Clerk pro tempore. Volume VI, section 26.
(6) Administration of Oath to.
The act of 1789 provides that at the organization of the House and
previous to entering on any other business the oath shall be
administered by any Member to the Speaker, and by the Speaker to the
other Members and Clerk. Volume I, section 130.
Administration of oath to Members and Clerk in the First Congress.
Volume I, section 129.
In the early days of the House two oaths were administered to the
Clerk. Volume I, section 228.
(7) Makes the Roll at Organization.--Law and Practice.
A statute provides that the Clerk shall make a roll of the
Representatives elect, placing thereon the names of those whose
credentials show election in accordance with law. Volume VI, section 2.
The statutes prescribe certain duties of the Clerk as to the
organization of the House and the administration of its affairs. Volume
I, section 253.
CLERK--Continued.
(7) Makes the Roll at Organization.--Law and Practice--Continued.
Discussion of the law relating to functions of the Clerk at the
organization of the House (footnote). Volume I, section 78.
The law of 1863 makes it the duty of the Clerk of the preceding House
to make a roll of the Representatives-elect whose credentials show them
regularly elected. Volume I, section 14.
The duty of making up the roll of Members-elect in event the Clerk can
not act devolves on the Sergeant-at-Arms and next on the Doorkeeper.
Volume I, section 15.
At the organization of the House the Clerk calls the roll of Members by
States in alphabetical order. Volume I, section 64.
With a single exception the call of the roll of Members at the
beginning of a session has been by States and not alphabetically.
Volume I, section 83.
The call of the roll of Members-elect may not be interrupted,
especially by one not on that roll. Volume I, section 84.
At the organization of the House a person whose name is not on the
Clerk's roll may not be recognized. Volume I, section 86.
The House reserves to itself the right to correct the Clerk's roll of
Members-elect by striking off or adding to. Volume I, sections 19-21.
The House declined before organization to add to the roll the name of a
Member-elect whose credential had been lost, but after organization
permitted him to take the oath, Volume I, section 85.
A motion to proceed to the election of Speaker has been held to be of
higher privilege than a motion to correct the Clerk's roll. Volume I,
sections 22-24.
The Clerk's roll may be corrected during organization by reference to
the credentials. Volume I, section 25.
In one or two cases it has been held that the Clerk may not entertain a
motion to correct the roll which he makes up under the law. Volume I,
sections 22-24.
The Clerk takes notice of the death or resignation of Members-elect,
and informs the House thereof at the time of organization. Volume I,
sections 26-28.
An instance wherein at the organization of the House, before the
enactment of the law as to the Clerk's roll, two claimants to a seat
were present and participated in the proceedings. Volume I, section 53.
It was held that under the law of 1867 the Clerk had no authority to
make up the roll of Delegates. Volume I, section 62.
It has been held that there is no roll of Delegates which the Speaker
is obliged to recognize at the time of swearing in Members-elect at the
organization of the House. Volume I, section 61.
By unanimous consent, on request put through the Speaker, the Clerk was
permitted to address the House on a question relating to its
organization. Volume V, section 7297.
A Member's name remains on the roll until the House is officially
notified of his resignation or takes action respecting it. Volume II,
section 1207.
An inquiry of the Clerk having elicited from the State executive the
fact that a Member had resigned, the Speaker directed his name to be
stricken from the roll. Volume II, section 1209.
Senators having withdrawn from the Senate, the Secretary was directed
to omit their names from the roll. Volume II, section 1219.
A resolution relating to the status of one borne on the roll of
membership of the House was held to be privileged. Volume II, section
1207.
In 1833 the House decided that a person bearing defective credentials
should not be called on the roll call until after the election of
Speaker and other officers. Volume I, section 53.
CLERK--Continued.
(7) Makes the Roll at Organization.--Law and Practice--Continued.
Instance wherein a Senator's name was dropped from the roll on
unofficial information of his death. Volume IV, section 4479.
(8) Makes the Roll at Organization.--House May Overrule.
The House has declined to permit the oath to be taken by persons whose
credentials has procured their enrollment by the Clerk. Volume I,
section 589.
The action of the Clerk in enrolling a Member-elect does not prevent
the House from questioning the prima facie force of the credentials.
Volume I, section 592.
The House denied prima facie title to a person enrolled by the Clerk on
credentials signed by a mere claimant to the governorship in a State
disrupted by civil war. Volume I, section 376.
A refusal of the House to strike a Member-elect's name from the Clerk's
roll and a decision to administer the oath to him were held to be a
final decision of prima facie right. Volume I, section 615.
An exceptional case wherein the Clerk, without sufficient evidence,
enrolled a person who participated for a time as a Member. Volume I,
section 366.
The claim of a person to a seat may be presented as a question of
privilege, although the Clerk may have enrolled another person as
entitled to the seat. Volume III, section 2593.
(9) Makes the Roll at Organization.--Considers Status of Constituency.
The Clerk declined to enroll a person bearing regular credentials but
claiming to be a Representative in addition to the number apportioned
to his State. Volume I, section 317. Volume VI, section 54.
In 1879 the Clerk declined to honor a regular credential for a
Representative-at-large to which the State was not entitled by law.
Volume I, section 51.
The Clerk declined to enroll persons bearing credentials in form
prescribed by a State government already suspended. Volume I, section
374.
(10) Makes the Roll at Organization.--Question of Qualifications.
A Member-elect whose credentials were in due form, but whose age was
not sufficient to meet the constitutional requirement, was not enrolled
by the Clerk. Volume I, section 418.
An instance wherein the Clerk omitted from the roll the name of a
disqualified Member-elect. Volume I, section 29.
A Member-elect enrolled by the Clerk on his regular credentials did not
vote until his disqualifications had been removed and he had been
permitted by the House to take the oath. Volume I, section 456.
(11) Makes the Roll at Organization.--Question as to the Day of
Election.
The Clerk declined to enroll the bearer of credentials regular in form
but showing an election at a time apparently not that fixed by law.
Volume I, section 523.
The credentials from West Virginia in 1873 showed a doubt as to the
true day of election, so the Clerk enrolled only one Member-elect, who
was indisputably elected, on each day. Volume I, section 36.
In 1877 the Clerk disregarded credentials issued by the governor of
Colorado in due form, holding that they showed the election to have
been held on a day unauthorized by law. Volume I, section 42.
In 1879 the Clerk honored the regular credentials from the governor of
Iowa, although papers presented in opposition thereto raised a doubt as
to the lawful day of election. Volume I, section 50.
In 1871 the Clerk enrolled the Tennessee delegation, although their
credentials were at marked variance with the usual form and there
appeared a question as to the time of holding the election. Volume I,
section 33.
CLERK--Continued.
(12) Makes the Roll at Organization.--Question as to Term of Service.
The Clerk declined to enroll claimants bearing credentials referring to
an election by virtue of which the said claimants had already held
seats in the preceding Congress. Volume I, section 388.
(13) Makes the Roll at Organization.--Credentials from Governor of
Doubtful Status.
In 1875 the Clerk enrolled the names of those bearing credentials
signed by the recognzied de facto governor of Louisiana, although there
were other conflicting credentials. Volume I, section 40.
The Clerk having honored credentials from a de facto governor the House
confirmed the prima facie title, although there was a conflicting
certificate from an alleged de jure governor. Volume I, section 614.
Conflicting credentials, signed by different persons as governor, being
presented from Louisiana in 1973, the Clerk declined to enroll the
bearer of either credentials. Volume I, section 35.
In making up the roll the Clerk disregarded entirely credentials issued
by a person claiming to be governor, but who never exercised the
functions of that office. Volume I, section 60.
Neither the Clerk nor the House honored credentials issued by a
lieutenant governor in the temporary absence of the governor, revoking
regular credentials. Volume I, section 59.
(14) Makes the Roll at Organization.--Irregular Credentials.
A credential from Indiana not meeting the requirements of the law in
1873, neither claimant to the seat was enrolled. Volume I, section 34.
The Clerk declined to enroll a person bearing as credentials a mere
abstract of returns, although certified by the governor under seal of
the State. Volume I, section 37.
In 1875 a paper of unusual form was submitted to the House at the time
of organziation by the Clerk, who had declined to make an enrollment on
the strength thereof. Volume I, section 39.
Credentials bearing on their face evidence that they were not issued in
accordance with the requirements of law, the Clerk declined to enroll
the bearer. Volume I, section 605.
In 1871 a certificate from Arkansas, which bore on its face evidence
that it was not issued within the time required by law, and concerning
the proper execution of which there was doubt, was rejected. Volume I,
section 31.
In 1833 the House declined to sustain the action of the Clerk in
enrolling a person whose credentials on their face failed to comply
with the requirements of the State law. Volume I, section 53.
In 1871 the Clerk accepted the credentials from Mississippi which,
though irregular in form, met all the substantial requirements of the
military reconstruction acts. Volume I, section 32.
In 1855 the Clerk honored the Nebraska credentials which, although did
not fully comply with the law, were identical in form with certificates
sent from that State to former Congresses. Volume I, section 52.
In 1859 the Clerk enrolled a Member-elect who had no regular
certificate, but who presented an official statement from the State
authorities showing his election. Volume I, section 597.
Where it is not specifically stated that the bearer is elected in
accordance with the law of the State and the United States, the
credentials may be honored by the House, if not by the Clerk. Volume I,
section 30.
While the Clerk may not give prima facie effect to credentials not
explicitly showing the bearers to the duly elected the House has done
so after examining the returns. Volume I, section 328.
CLERK--Continued.
(15) Makes the Roll at Organization.--Where the Credentials Raise
Doubts.
Credentials issued by a governor raising a doubt as to election the
Clerk and the House declined to allow to them prima facie effect,
although positive credentials authorized by the State legislature
accompanied. Volume I, section 522.
Credentials which on their face implied that the one having prima facie
right did not have the final right were not honored either by the Clerk
or the House. Volume I, section 609.
The House sometimes gives prima facie effect to credentials which are
so far impeached on their face that the Clerk does not feel authorized,
under the law governing his action, to enroll the bearer. Volume I,
section 605.
(16) Makes the Roll at Organization.--Credentials Passed on by State
Courts.
Of two conflicting credentials from Florida in 1877 the Clerk honored
the one issued in accordance with a decision of the supreme court of
the State. Volume I, section 43.
A second credential being issued by a governor because of a decision of
the State court, but not showing the result called for by the rule of
that court, the Clerk honored the first credential. Volume I, section
43.
The Clerk and the House honored credentials regular in form and issued
by a competent officer, although the fact was notorious that the State
courts had found a different result. Volume I, section 57.
An instance wherein the Clerk and the House honored credentials regular
in form and issued legally by the proper officers but annulled by the
State supreme court. Volume I, section 56.
(17) Makes the Roll at Organization.--Conflicting Credentials.
In view of the existence of conflicting credentials the House declined
to administer the oath to a person enrolled by the Clerk as a Delegate.
Volume I, section 619.
In case of conflicting credentials, one intended to revoke the other,
the Clerk enrolled neither claimant. Volume I, section 620.
There being conflicting credentials, issued by different occupants of
the gubernatorial chair, the Clerk enrolled neither claimant. Volume I,
section 623.
A certificate regular in form and legally issued by a competent officer
was honored by both Clerk and House, although the successor of that
officer had issued conflicting credentials. Volume I, section 58.
The House confirmed the action of the Clerk who had enrolled the
bearers of credentials which conformed strictly to the law, although
less formal credentials had been issued at an earlier date by a
recognized governor. Volume I, section 60.
Of three sets of credentials presented from Louisiana in 1877 the Clerk
honored those which conformed to the requirements of State law. Volume
I, section 41.
A Member-elect having been enrolled on the strength of credentials in
due form the Clerk declined to strike him from the roll on the strength
of later papers. Volume I, sections 48, 49.
There being two conflicting credentials, the second intended to revoke
the first, the House declined to reverse the action of the Clerk in
enrolling the bearer of the second credential. Volume I, section 615.
Of two claimants, each having credentials in apparently due form, the
House directed the administration of the oath to the one whom the Clerk
had enrolled. Volume I, section 613.
(18) Makes the Roll at Organization.--No Credentials.
No credentials being received for a district prior to the meeting of
Congress, the Clerk placed no name on the roll for either that
district. Volume I, section 47.
The governor having declined to issue credentials because of
unsatisfactory returns the Clerk declined to enroll either claimant,
although the governor officially expressed an opinion that a certain
one was elected. Volume I, section 559.
CLERK--Continued
(18) Makes the Roll at Organization.--No Credentials--Continued.
Conflicting returns rendering it impossible for a governor to issue any
credentials the Clerk enrolled neither claimant to the seat. Volume I,
section 556.
No credentials being received the Clerk declined to enroll either
claimant, although one of them filed documents tending to show his
election. Volume I, section 44.
The House declined to order that the oath be taken by a person who had
credentials perfect in form, but who has not presented them to the
Clerk and did not desire to assert prima facie right. Volume I, section
44.
(19) Presides at Organization.--Rule as to.
A rule which, however, is not operative at the time the House is
organized, provides that the Clerk shall call the new House to order
and preside until the election of a Speaker. Volume I, section 64.
Discussion of the functions of the Clerk of the former House presiding
at the organization of a new House. Volume I, section 67.
Discussion of the functions and authority of the Clerk of the former
House presiding at the organization of the new House. Volume I, section
73.
Instance of thanks to the Clerk for presiding during a prolonged
contest over the organization. Volume I, section 222.
The House thanked its Clerk for his service in presiding during a
delayed election of a Speaker. Volume VIII, section 3671.
(20) Presides at Organization.--Decides Questions of Order, Preserves
Order, etc.
Pending the election of a Speaker or a Speaker pro tempore the Clerk
preserves order and decorum and decides questions of order to appeal.
Volume I, section 64.
Before the completion of the organization of the House in 1923 the
Clerk decided questions of order and enforced, in as far as applicable,
the rules of the preceding Congress. Volume VI, section 623.
In 1863, at the organization of the House, the holdover Clerk
disclaimed authority to enforce the rules, but decided points of order
as authorized by a rule of the last House. Volume I, sections 76, 77.
In 1855 the Clerk decided questions of order at the organization.
Volume I, section 91.
In 1855, while the Clerk was presiding at the organization of the
House, a question of order was decided by him and the decision
sustained. Volume I, section 75.
Clerk Forney, presiding before the organization of the House in 1856,
declined to decide points of order when there was a division of opinion
among the Members. Volume V, section 5325.
In earlier days the Clerk of the last House, presiding at the
organization, declined to decide questions of order and referred them
to the House. Volume I, sections 68-72.
In 1820 there arose a question as to the right of the Clerk presiding
during organization to rule a motion out of order. Volume I, section
65.
Before the election of a Speaker the House has empowered the Clerk and
Sergeant-at-Arms of the last House to preserve order. Volume I, section
101.
Instance wherein during the organization the Clerk of the preceding
House declined to entertain an appeal from his decision. Volume I,
sections 22-24.
In 1867 the Clerk acting under the law of 1863, declined to entertain
any proposition not consistent with the organization of the House.
Volume I, section 80.
The Clerk presiding at the organization has declined to entertain a
protest, although it related to the organization. Volume I, section 80.
(21) Presides at Organization.--General Authority of.
The House and not the holdover Clerk decides by what method it shall
proceed to elect a Speaker. Volume I, section 210.
CLERK--Continued
(21) Presides at Organization.--General Authority of--Continued.
In 1869 the holdover Clerk, basing his authority on the law of 1863,
declined to entertain question of order or an appeal, pending the
motion to proceed to election of a Speaker. Volume I, section 79.
In 1860 the election of a Speaker proceeded slowing, the voting being
interspersed with debate, which the Clerk did not prevent. Volume I,
section 223.
The Clerk while presiding at the organization declined to open a paper
addressed to the Speaker, although it was supposed to inclose a missing
credential. Volume I, section 47.
Before the completion of the organization of the House in 1869 the
Clerk refused to entertain a motion referring to a committee a subject
relating to the election of a Member. Volume I, section 78.
A Clerk presiding at the organization having proposed to read a paper
explaining his reasons for certain acts, the Members-elect declined to
permit him to do so. Volume I, section 67.
Before the election of a Speaker the Clerk recognizes Members. Volume
I, section 74.
At the organization of the House in 1855 the Clerk ordered tellers.
Volume I, section 90.
The Clerk appoints the committee to escort the newly elected Speaker to
the chair. Volume I, section 220.
(22) Presides at Organization.--Action of Member-Elect When he has
Declined to put a Question.
The Clerk presiding during organization declined to put a question,
whereupon a Member-elect put the question from the floor. Volume I,
section 67.
(23) Presides at Organization.--Supplanted by a Chairman.
The Clerk of the last House having declined to put any motions except
the motion to adjourn during organization of the new House, the
Members-elect chose one of their number chairman. Volume I, section 67.
In 1837 a proposition was made that the Members-elect choose one of
their number to preside during organization, but it was laid on the
table and the Clerk of the last House continued to act. Volume I,
section 66.
Discussion of a proposition to elect a Speaker pro tempore for the
period of organization before the election of a regular Speaker
(footnote). Volume I, section 223.
The Senate having assembled and there being no Presiding Officer, by
mutual consent one of the older Members took the chair. Volume I,
section 118.
(24) Presides in Case of Death, Resignation, or Absence of Speaker.
In the absense of the Speaker the Clerk calls the House to order.
Volume II, sections 1386-1389.
In the absence of the Speaker the Clerk calls the House to order.
Volume VI, section 272.
The Speaker having resigned, the chair remained vacant and the Clerk
presided until a successor was elected. Volume I, section 231.
The Speaker having died during the recess of Congress the Clerk called
the House to order, ascertained the presence of a quorum, and
entertained a motion to proceed to election of a Speaker. Volume I,
section 234.
An instance where in the Clerk did not call the House to order in the
absence of the Speaker. Volume II, section 1411.
The Speaker pro tempore whom the House had just elected, not being
present, the Clerk held that the motion to adjourn was not business,
and under the circumstances was the only motion in order. Volume I,
section 228.
In 1820 at the beginning of a second session the Clerk called the House
to order, and after ascertaining the presence of a quorum presented a
letter of resignation from the Speaker. Volume I, section 232.
CLERK--Continued.
(25) Legislative Duties.--As to the Journal and Questions of Order.
The Clerk is required to note all questions of order and the decisions
thereon and print the records thereof as an appendix to Journal. Volume
I, section 251.
The Sergeant-at-Arms receives no fees and the Clerk receives them only
for certified extracts of the Journal. Volume I, section 259.
It is the duty of the Clerk to print and distribute the Journal. Volume
I, section 251.
The preparation and reading of the Journal is not prevented by the
death of the officer having it in charge. Volume I, section 237.
The Speaker's right to examine and correct the Journal after it is made
up by the Clerk has always been affirmed. Volume IV, sections 2735-
2737.
(26) Legislative Duties.--Custodian of the Seal, and Attests Writs,
etc.
The custody and use of the seal is with the Clerk, under directions of
the House. Volume I, sections 254, 255.
The Clerk attests and affixes the seal of the House to all writs,
warrants, and subpoenas issued by order of the House. Volume I, section
251.
The clerk is required to certify to the passage of all bills and joint
resolutions. Volume I, section 251.
In the Kilbourn case the subpoena was attested for the Clerk by deputy.
Volume II, section 1608.
The Clerk being incapacitated the House authorized the Chief Assistant
Clerk to attest a warrant and exercise the other functions of the
Clerk. Volume I, section 287.
The articles in an impeachment are signed by the Speaker and attested
by the Clerk. Volume III, sections 2302, 2328, 2370, 2390, 2420, 2449.
The replication of the House to the answer in an impeachment is signed
by the Speaker and attested by the Clerk. Volume III, sections 2311,
2352, 2432.
The surrejoinder of the House of Representatives in the Belknap trial
was signed by the Speaker and attested by the Clerk. Volume III,
section 2455.
(27) Legislative Duties.--Messages, Inquiries, etc.
It has long been the practice for the House to direct the Clerk to take
its messages to the Senate. Volume V, section 6594.
Forms of messages in use by the Clerk of the House in transmitting
business from the House to the Senate. Volume V, section 6596.
Before the enactment of the statute the House directed the Clerk to
take to the Secretary of State its bills passed over the President's
veto. Volume IV, sections 3525-3527.
There being an error in an engrossed House bill sent to the Senate a
request was made that the Clerk be permitted to make correction. Volume
IV, section 3465.
Resolutions of inquiry are delivered under direction of the Clerk.
Volume III, section 1879.
Instructions or privileges given to a committee by the House are
transmitted to the committee under the hand of the Clerk of the House.
Volume IV, section 4574.
(28) Legislative Duties.--Custodian of Papers.
At the time of final adjournment of a Congress the clerks of committees
are required to deliver to the Clerk of the House the bills and other
papers referred to the committee. Volume V, section 7260.
All evidence taken by a committee under order of the House and not
reported to the House shall be delivered to the Clerk at the final
adjournment of the Congress. Volume V, section 7260.
The House sometimes orders that testimony taken by an investigating
committee be taken in charge by the Clerk to be by him delivered to the
next House. Volume III, sections 1783, 1784.
When an act passes for the settlement of a claim the Clerk may transmit
the papers relating thereto to the officer charged with the settlement.
Volume V, section 7256.
CLERK--Continued.
(28) Legislative Duties.--Custodian of Papers--Continued.
The Clerk may loan to officers or bureaus of the Executive Departments
papers from the files of the House taking a receipt therefor. Volume V,
section 7256.
When leave is given for the withdrawal of a paper from the files of the
House a certified copy of it is to be left in the office of the Clerk.
Volume V, section 7256.
The House, in maintenance of its privilege, has refused to permit the
Clerk to produce in court, in obedience to a summons, an original paper
from the files, but has given the court facilities for making certified
copies. Volume III, section 2664.
Insance wherein permission was given the clerk of a committee and the
Clerk of the House, to respond to subpoena or subpoena duces tecum and
to make deposition with proviso that they should take with them none of
the files. Volume VI, section 585.
The Clerk of the House having been subpoenaed to produce before the
Supreme Court of the District of Columbia certain papers from the
files, reported to the House, and failing to receive permission
disregarded the order of the court. Volume VI, section 587.
A resolution authorizing the Clerk of the House to produced papers
requested in a subpoena duces tecum is presented as a matter of
privilege, but such privilege is destroyed by incorporation in the
resolution of extraneous and unprivileged matter. Volume VI, section
587.
An instance wherein the Clerk of the House, without an order from the
House, produced before a Senate committee of investigation, after the
expiration of the statutory period provided for their preservation,
statements filed in his office in compliance with the provisions of the
Federal corrupt practices act. Volume VI, section 353.
The House by resolution authorized its Clerk to produce papers and its
Members to give testimony before a court of impeachment. Volume III,
section 1796.
The charge that the minority views of a committee had been abstracted
from the Clerk's office by a Member was investigated as a question of
privilege. Volume III, section 2603.
(29) Legislative Duties.--As to Motions, Bills, etc.
When a motion is made the Speaker shall state it or cause it to be read
by the Clerk before being debated. Volume V, section 5304.
A motion which has been stated by the Speaker or read by the Clerk is
in possession of the House, but may be withdrawn before a decision or
amendment. Volume V, section 5304.
Petitions, memorials, and bills are introduced by the Member delivering
them to the Clerk. Volume IV, section 3364.
While it is the practice to printed memorials from State legislatures
in the Senate proceedings, it is not the custom in the House, and such
memorials are presented by filing with the Clerk, and are noted by
title in the Record and the Journal. Volume VII, section 1024.
Reports of committees, except privileged reports, are submitted to the
House by delivering them to the Clerk. Volume IV, section 4620.
Nonprivileged reports are delivered to the Clerk for reference to the
Calendars under the direction of the Speaker. Volume IV, section 3116.
Privileged reports may not be submitted by filing with the Clerk
through the basket but must be presented from the floor. Volume VIII,
section 2230.
A privileged resolution is reported from the floor and not by filing
with the Clerk. Volume VI, section 404.
Instance wherein a committee empowered to sit during recess was
directed to file its report with the Clerk of the House. Volume III,
section 1741.
A committee of investigation was granted leave to file report with the
Clerk of the House after adjournment of Congress in which it was
appointed. Volume VI, section 381.
The House sometimes orders a committee's report to be made in recess by
handing it to the Clerk of the House. Volume IV, sections 4676, 4677.
CLERK--Continued.
(29) Legislative Duties.--As to Motions, Bills, etc.--Continued.
The amendment of the numbers of the sections of a bill is done by the
clerk. Volume IV, section 3394.
By concurrent resolution, the clerk was authorized to correct errors in
a bill agreed to by the two Houses. Volume VII, section 1069.
Instance wherein the Clerk was authorized to make such clerical changes
in the table of contents, numbering and lettering, erroneous or
superfluous cross references and other purely formal amendments as were
required to conform to the action of the House and secure uniformity in
typography, indentation, and numerical order of the text of a bill.
Volume VII, , section 1067.
A House bill with Senate amendments having been lost, the House agreed
to an order for reengrossment of the bill, and directed the Clerk to
request from the Senate a copy of its amendment thereto. Volume VII,
section 1074.
Authority to correct an error in enrolling a bill was conferred on the
Clerk by concurrent resolution. Volume VII, section 1068.
The pagination and marginal numerals are no part of the text of a bill
and, after amendment, are altered, changed or transposed by the Clerk
to conform to the amended text without order. Volume VIII, section
2876.
When a bill passes the House the Clerk certifies the fact at the foot
thereof. Volume II, section 3417.
While a conference report may not be considered when the original
papers are not before the House, the failure of the Clerk to certify to
their authenticity may be remedied when the question is raised, and
does not invalidate proceedings relating to them. Volume VIII, section
3302.
The Clerk is sometimes authorized to make a merely formal amendment to
a bill that has passed the House. Volume IV, section 3443.
Under the modern practice the Clerk of the House accepts bills and
resolutions for introduction prior to the opening day of the session.
Volume VII, section 1027.
Motions to discharge committees are filed with the Clerk and are not
presented from the floor. Volume VII, section 1008.
Any Member may file with the Clerk a motion to discharge a committee
from the consideration of a public bill referred 30 days prior. Volume
VII, section 1007.
(30) Legislative Duties.--Receives Testimony Forwarded in Election
Cases.
The law requires the testimony taken in an election case to be
transmitted to the Clerk of the House by the officer before whom it was
taken. Volume I, section 703.
A copy of the notice of contest and the answer in an election case are
sent to the Clerk of the House with the testimony. Volume I, section
704.
The law prescribing the method of forwarding to the Clerk of the House
the testimony in an election case. Volume I, section 705.
The law governing the method of transmitting the testimony in an
election case to the Clerk of the House was held to be directory
merely. Volume I, section 736.
Law governing the duty of the Clerk of the House as to the printing of
testimony in an election case. Volume I, section 704.
(31) Duties as an Executive Officer.
The Speaker during sessions and the Clerk during recess of Congress
certifies to the compensation of Members, and the Speaker certifies as
to mileage. Volume I, section 1156.
The Clerk is required to pay the officers and employees of the House on
the last secular day of each month. Volume I, section 251.
The Clerk is required to pay the officers and employees of the House on
the first secular day of each month. Volume VI, section 27.
The Clerk keeps account of disbursement of the contingent fund and the
stationary accounts of Members. Volume I, section 251.
CLERK--Continued.
(31) Duties as an Executive Officer--Continued.
Each Member is allowed $125 annually for stationery, and the Clerk
maintains a stationery room for supplying articles. Volume II, sections
1161, 1162.
The Clerk furnishes stationery to the several committees and to the
House. Volume II, sections 1161, 1162.
Stationery, blank books, and other papers necessary to legislation are
furnished to the House and Senate and their committees on requisition
of the Clerk of the House and Secretary of the Senate, respectively.
Volume V, section 7322.
It is the duty of the Clerk to have printed and delivered to each
Member a list of the reports required to be made to Congress. Volume I,
section 252.
The Secretary of the Senate and the Clerk of the House have a
discretionary power to order the reprinting of bills, resolutions,
documents, etc. Volume V, section 7319.
The Clerk makes or approves all contracts, etc., for labor, materials
etc., for the House. Volume I, section 251.
The Postmaster having died it was held that contracts for carrying the
mails must be made by the Clerk and not by the Assistant Postmaster.
Volume V, section 7235.
(32) In Relation to Employees.
The House declined to interfere with the Clerk's power of removing his
subordinates. Volume I, section 249.
Employees under the Clerk, Sergeant-at-Arms, Doorkeeper, and Postmaster
shall generally be assigned only to the duties for which they are
appointed. Volume V, section 7232.
Decision of the Comptroller of the Treasury as to the employment of the
index clerk. Volume V, section 7234.
(33) Charges Against, and Remvoal.
It being alleged that the Clerk was guilty of official misconduct a
resolution removing him from office was presented and entertained.
Volume I, section 286.
Pending examination of the Clerk on a charge of misappropriation of
funds he was suspended from the exercise of his functions. Volume I,
section 287.
For misappropriation of funds the House arrested its Clerk and
arraigned him at the bar. Volume I, section 287.
The House by resolution dismissed its Clerk, who had been found guilty
of misappropriation of public funds. Volume I, section 287.
The Clerk being arraigned to answer charges, leave was given him to
address the House. Volume I, section 287.
The report of an investigating committee exonerating the Clerk was
printed in full in the Journal. Volume I, section 295.
A newspaper charge against the Clerk was, at the request of that
officer, investigated by the House. Volume I, section 295.
(34) Death of.
The Clerk having died in the recess of Congress the House was informed
as soon as a quorum had been ascertained and new Members sworn in.
Volume I, section 236.
The death of the Clerk being announced the House adopted appropriate
resolutions. Volume V, section 7171.
CLERK PRO TEMPORE.
In the temporary absence of the Clerk the House has chosen a Clerk pro
tempore. Volume , section 248.
CLERKS.
(1) Of the House.--Duties of certain.
(2) Of committees.--Authorization of.
(3) Of committees.--Appointment of, and oath.
(4) Of committees.--Duties as to papers and proceedings.
CLERKS--Continued.
(5) Of Committees.--Privilege of.
(6) Of Committees.--Compensation of.
(7) Of Members.
(8) In the executive departments.
(9) As officers of election.
(1) Of the House.--Duties of Certain.
The enrolling clerks should make no change, however unimportant, in the
text of a bill to which the House has agreed. Volume III, section 2598.
The office of Journal Clerk and its requirements (footnote). Volume
III, section 2644.
Discussion of the practice of the pair clerks in pairing without
authorization all Members failing to vote. Volume VIII, sections 3078,
3086, 3092.
General pairs may be arranged for Members desiring to be recorded as
absent without leave, and it is customary for the pair clerks to
arrange such pairs without specific authorization from Members. Volume
VIII, section 3085.
It frequently happens that on account of the large majority vote on the
pending question the pair clerks are unable to secure regular pairs and
are forced to pair Members favoring the same side of the question. For
this reason some Members instruct the clerks not to pair them during
their absence without explicit instructions. Volume VIII, section 3092.
The pair clerks decline to alter a pair unless authorized to do so by
all Members signatory thereto. Volume VIII, section 3088.
(2) Of Committees.--Authorization of.
The Committee on Accounts recommends to the House resolutions
authorizing and assigning clerks to committees. Volume IV, section
4331.
An annual clerkship of a committee is authorized by a resolution
reported by the committee on Accounts and agreed to by the House.
Volume IV, section 4534.
Session clerks are assigned to committees by resolution reported from
the Committee on Accounts and agreed to by the House. Volume IV,
section 4535.
The assignment of committee clerks is within the jurisdiction of the
Committee on Accounts. Volume IV, section 4332.
The Kansas Committee of 1856 was empowered by the House to employ or
dismiss clerks and assistant sergeants-at-arms and to administer oaths
to them. Volume III, section 1752.
A resolution enlarging the powers and increasing the duties of a
standing committee through the employment of a clerk to be paid from
the contingent fund was held not to be within the privilege given the
Committee on Accounts to report at any time. Volume VIII, section 2304.
Authorization to appoint a clerk is a subject within the jurisdiction
of the Committee on Accounts and not the Committee on Rules, and its
inclusion by the latter committee in a resolution providing for an
order of business renders the resolution ineligible for report under
the rule giving that committee the right to report at any time. Volume
VIII, section 2256.
(3) Of Committees.--Appointment of, and Oath.
Clerks of committees are appointed by the chairman, with the approval
of the Committee, and are paid at the public expense. Volume IV,
section 4533.
Clerks and other employees of committees are appointed by the chairman,
with the approval of the committee, and are paid at the public expense.
Volume VIII, section 2206.
The chairman of the temporary committee on accounts is authorized to
appoint and dismiss clerks or other employees of his committee. Volume
VIII, section 2207.
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 organized. Volume IV, section 4539.
Forms of oaths taken by clerks of committees. Volume IV, sections 4580-
4582.
CLERKS.--continued.
(3) Of Committees.--Appointment of, and Oath.--Continued.
The clerk of the Joint Committee on the Conduct of the War was sworn.
Volume IV, section 4424.
(4) Of Committee.--Duties as to Papers and Proceedings.
At the time of final adjournment of a Congress the clerks of committees
are required to deliver to the Clerk of the House the bills and other
papers referred to the committee. Volume V, section 7260.
A committee sometimes makes its clerk custodian of its papers, allowing
possession to Members only by permission of the committee. Volume IV,
section 4578.
The House authorized the clerk of a committee to disclose by deposition
the proceedings of the committee. Volume III, section 2604.
The House authorized the clerk of a committee to produce committee
records in response to legal process. Volume VIII, section 2496.
It is the duty of the clerk to notify members of the committee of
called meetings. Volume VIII, section 2208.
(5) Of Committees.--Privilege of.
Clerks of committees other than the clerk of the committee in charge of
the bill under consideration are not entitled to the privileges of the
floor. Volume VIII, section 3636.
An assault upon the clerk of a committee within the walls of the
Capitol was held to be a breach of privilege. Volume II, section 1629.
(6) Of Committees.--Compensation of.
Reference to statutes fixing the pay of session clerks of committee
(footnote). Volume IV, section 4535.
A session clerk is entitled to compensation only from the date when he
enters upon the discharge of his duties with the committee. Volume IV,
section 4536.
A clerk of a committee who ceased to hold office on December 21 was
held not to be entitled to the salary for the remainder of the month
under the terms of a resolution directing the payment of salaries of
employees for that month on the 20th. Volume IV, section 4537.
The clerk of a committee being appointed a postmaster was held to be
entitled to his salary as clerk until his successor was appointed,
although his salary as postmaster had already begun. Volume IV, section
4538.
(7) Of Members.
Old and new systems of providing clerks for Members. Volume VI, section
206.
The statute providing for clerks for Members does not require the
designation of two clerks, but merely limits the number to not more
than two. Volume VI, section 210.
One person may be designated as clerk to two Members if the aggregate
compensation is within the limitation prescribed by law. Volume VI,
section 210.
The statute prohibiting payment of two or more salaries exceeding
$2,000 per annum in the aggregate applies to clerks to members. Volume
VI, section 210.
Compensation of clerks may be paid on the third of each month. Volume
VI, section 211.
Payment of clerk hire from lump sum appropriations to persons carried
on the rolls in another capacity is additional compensation and
prohibited by law. Volume VI, section 210.
Clerks designated by Member are placed upon the roll of employees of
the House, and are subject to removal by the Member, with or without
cause. Volume VI, section 206.
Clerk hire is paid from date of filing of credentials and not from date
of election. Volume VI, section 206.
A Member unseating another is not entitled to clerk hire prior to
taking of oath and designation of clerks. Volume VI, section 212.
Death or resignation of a Member terminates the employment of clerks
designated by him. Volume VI, section 208.
CLERKS--Continued.
(7) Of Members--Continued.
The old and new systems of providing clerks for Members. Volume II,
section 1151.
The old law as to clerk hire for Members and construction thereof.
Volume II, section 1152.
Bills providing clerks for Members and Senators were reported by the
Committee on Accounts. Volume IV, section 4334.
As to the allowances for clerk hire to the chairman of the temporary
Committee on Accounts. Volume V, section 7237.
A Senator who had employed an official of a manufacturing association
as a clerk in the formulation of a tariff bill was censured by the
Senate. Volume VI, section 239.
(8) In the Executive Departments.
The general law authorizing the employment in the Executive Departments
of such clerks as may be appropriated for is held to authorize
appropriations for clerkships not otherwise authorized. Volume IV,
section 3675.
Statutes authorizing the employment of such departmental clerks ``as
may be appropriated for by Congress from year to year'' or ``as
Congress may from time to time provide'' were held to warrant
appropriations for clerkships not otherwise authorized. Volume VII,
section 1316.
A general law authorizing the heads of departments to employ such
clerks as may be appropriated for, a provision making appropriation for
clerks an employed was held to be in order. Volume VII, section 1322.
The law authorizing the heads of departments to employ such clerks as
may be appropriated for was held to authorize clerkships not otherwise
authorized. Volume VII, section 1321.
The law authorizing the heads of departments to employ such clerks as
may be appropriated for was held to warrant an appropriation for clerks
in the field force of the Civil Service Commission. Volume VII, section
1320.
The statute requiring specific authorization and appropriation for
clerks and other employees in the Executive Departments. Volume IV,
section 3700.
Bills relating to leaves of absence of officers and clerks of the
Government have been considered by the several committees on
expenditures. Volume IV, section 4319.
Bills relating to leaves of absence of officers and clerks of the
Government were considered by the several committees on expenditures.
Volume VII, section 2043.
A provision requiring clerks in the classified service to work an
increased number of hours was held not to be in order under the
exception to the rule prohibiting legislation on an appropriation bill.
Volume VII, section 1566.
A general law authorizing the promotion of clerks from one class to
another, without limitation as to number, a provision for the promotion
of any number is in order. Volume VII, section 1328.
The Committee on Reform in the Civil Service has exercised a general
jurisdiction over bills relating to the status of officers, clerks, and
employees in the civil branches of the Government. Volume IV, section
4297.
(9) As Officers of Election.
Election judges and clerks sworn by one having no legal right to
administer the oath were regarded by the House as de facto officers and
the returns were counted, the State law forbidding rejection for mere
informalities. Volume I, section 558.
It not being shown that the law required a record of the qualifications
of an election officer the committee declined to assume, from absence
of the record, that he was not qualified. Volume I, section 618.
CLERK'S DESK.
Members may not remain near the Clerk's desk during a vote. Volume II,
section 1136. Volume VI, section 190.
CLERK'S DESK--Continued.
Before the adoption of rules, while the House was proceeding under
general parliamentary law, the Speaker held that Members might not
remain near the Clerk's desk during a vote. Volume VI, section 191.
Discussion of the importance of observing the rule against remaining at
the desk during roll call, and smoking in the Hall of the House. Volume
VI, section 193.
Officers and employees of the House may not remain near the Clerk's
desk during a vote unless their duties so require. Volume VI, section
192.
Instance wherein a Member addressed the House from the Clerk's desk.
Volume V, section 4981.
Members may not personally address the clerks at the desk during roll
call. Volume VI, section 194.
Amendments are sometimes submitted orally, but on demand must be
reduced to writing and sent to the Clerk's desk. Volume VIII, section
2829.
Members sign motions to discharge committees at the Clerk's desk during
the session of the House and not elsewhere. Volume VII, section 1008.
Motions to discharge committees are signed at the Clerk's desk during
the session of the House and not otherwise. Volume VII, section 1009.
CLEVER.
The New Mexico case of Chaves v. Clever in the Fortieth Congress.
Volume I, sections 541, 542.
CLINE, CYRUS, of Indiana, Chairman.
Decisions on questions of order relating to--
Debate. Volume VIII, section 2573.
CLOAKROOMS.
A Member in the lobby, cloakroom, or gallery is not entitled to vote
even though he hears his name called. Volume VIII, section 3144.
In counting to ascertain the presence of a quorum or whether a
sufficient number have voted to order yeas and nays, the Chair counts
all Members visible, including those in lobbies and cloakrooms. Volume
VIII, section 3120.
CLOPTON.
The Virginia election case of Bassett v. Clopton in the Fourth
Congress. Volume I, section 762.
CLOSE DEBATE.
The only motion used for closing debate in the House (as distinguished
from the Committee of the Whole) is the motion for the previous
question. Volume V, section 5456.
When a special order prescribes limits beyond which debate may not
continue, the House may, on motion, close debate at any time within
such limits. Volume VII, section 765.
Under a special order providing for consideration in Committee of the
Whole, the House automatically resolves into the committee after voting
on a motion to close debate for which the committee has risen. Volume
VII, section 765.
The committee having voted to close debate at a stated hour the Chair
announces the close of debate at that time notwithstanding intervening
time has been consumed without debate. Volume VIII, section 2326.
Debate on an appeal in the Committee of the Whole is under the 5-minute
rule and may be closed by the committee. Volume VIII, section 3455.
An appeal from the decision of the Chair is debatable both in the House
and in the Committee of the Whole, but debate may be closed in the
House by a motion to lay on the table and in the Committee of the Whole
by a motion to close debate or to rise and report. Volume VIII, section
3453.
COAL.
Standards of quality and regulations for the control of interstate
distribution of coal and other fuels and the procuring and publication
of statistics relative thereto, are subjects within the jurisdiction of
the Committee on Interstate and Foreign Commerce. Volume VII, section
1830.
A bill providing for agricultural entries of coal lands in Alaska was
held to be privileged as a reservation of the public lands for actual
settlers. Volume VIII, section 2290.
COAST AND GEODETIC SURVEY.
Bills relative to adjustment of claims occasioned by activities of the
Coast and Geodetic Survey, formerly considered by the Committee on
Interstate and Foreign Commerce, are now reported by the Committee on
Merchant Marine and Fisheries. Volume VII, section 1817.
The Committee on Naval Affairs has exercised limited jurisdiction over
bills relating to the Coast and Geodetic Survey. Volume VII, section
1910.
COAST DEFENSES.
The Appropriations Committee reports the appropriations for
fortifications and coast defenses, the District of Columbia, and
pensions. Volume IV, section 4032.
COAST GUARD.
Proposed legislation affecting the Coast Guard, the Marine Corps, the
Marine Band, and the Fleet Marine Corps Reserve, is within the
jurisdiction of the Committee on Naval Affairs. Volume VII, section
1911.
Bills authorizing the establishment of Coast Guard stations and
regulating pay of enlisted men in the Coast Guard Service, formerly
reported by the Committee on Interstate and Foreign Commerce, are now
handled by the Committee on Merchant Marine and Fisheries. Volume VII,
section 1815.
COASTING DISTRICTS.
Collisions, coasting districts, marine schools, etc., are subjects of
doubtful jurisdiction between the Committees on Merchant Marine and
Fisheries and Interstate and Foreign Commerce. Volume VII, section
4146.
COBB, ELECTION CASES OF.
The Alabama election case of Whatley v. Cobb in the Fifty-third
Congress. Volume II, section 1046.
The Alabama election case of Goodwyn v. Cobb in the Fifty-fourth
Congress. Volume I, sections 720, 721.
COBB, HOWELL, of Georgia, Speaker.
Decisions on questions of order relating to--
Adjourn, motion to. Volume V, section 5373.
Adjournment. Volume V, section 6719.
Amendments germane. Volume V, section 5845.
Amendments not germane. Volume VI, section 5891.
Appeals. Volume V, sections 5057, 5058, 5061, 6952.
Call of the House. Volume IV, section 3007.
Ceremonies. Volume V, section 7177.
Committee. Volume III, section 1997.
Debate. Volume VI, sections 4997, 5081.
Delegates. Volume II, section 1292.
Division of the question. Volume V, sections 6124, 6131, 6135.
Election of officers. Volume I, sections 191, 193, 237, 263.
Error in vote. Volume V, sections 6086, 6091, 6092.
Jurisdiction. Volume IV, section 4355.
Leave of absence. Volume II, section 1146.
COBB, HOWELL, of Georgia, Speaker--Continued.
Decisions on questions of order relating to--Continued.
Minority views. Volume IV, section 4603.
Oath. Volume IV, sections 135, 171, 520.
Obstruction. Volume IV, sections 2900, 2901.
Organization. Volume I, section 87.
Postpone, motion to. Volume V, sections 5306, 5308, 5318.
Previous question. Volume V, sections 5296, 5455, 5485.
Privilege. Volume I, sections 263, 285. Volume III, sections 2535,
2536, 2588, 2589, 2655.
Recognition. Volume V, section 5474.
Reconsider, motion to. Volume V, sections 5645, 5652, 5653, 5654, 5661,
5687, 5703.
Refer, motion to. Volume V, section 5530.
Reports of committees. Volume IV, section 4654.
Reports of Committee of the Whole. Volume IV, section 4898.
Rescind, motion to. Volume IV, section 3174.
Rules, change of. Volume V, section 6769.
Speaker. Volume II, section 1324. Volume IV, section 4689.
Special order. Volume IV, sections 3153, 3162, 3171, 3178, 3181.
Suspension of rules. Volume V, sections 6830, 6841, 6842, 6843, 6862.
Voting. Volume V, sections 5934, 6082.
Yeas and nays. Volume V, sections 6040, 6052.
CO-CONSPIRATOR.
Testimony as to what was said by the agent or coconspirator of
respondent in regard to carrying out respondent's order, the said order
being a ground of the impeachment, was admitted. Volume III, sections
2231-2233.
An alleged coconspirator was permitted to testify as to declarations of
the respondent at a time after the act, the testimony being responsive
to similar evidence on the other side. Volume III, section 2234.
CODIFICATION.
The rule gives to the Committee on Revision of the Laws jurisdiction of
subjects relating ``to the revision and codification of the statutes of
the United States.'' Volume IV, section 4293.
The Committee on the Revision of the Laws has reported bills incidental
to its jurisdiction over revision and codification of laws. Volume VII,
section 2016.
Examples of jurisdiction of the Committee on Revision of Laws over
bills embodying codifications. Volume VII, section 2015.
Examples of jurisdiction of the Committee on Revision of the Laws over
bills embodying codifications. Volume IV, section 4294.
Bills for framing a municipal code and amending the criminal laws and
corporation laws in the District have been within the jurisdiction of
the Committee for the District of Columbia. Volume IV, section 4287.
Provisions for establishment of code of law for the District of
Columbia are under the jurisdiction of the Committee on the Judiciary.
Volume II, section 1761.
COFFROTH.
The Pennsylvania election cases of Koontz v. Coffroth and Fuller v.
Dawson in the Thirty-ninth Congress. Volume I, sections 556-558.
COGNIZANCE.
The House may take official cognizance of a paper listened to by the
Committee of the Whole in attendance on an impeachment trial. Volume
III, section 2042.
The House is not bound to take cognizance of the manner of nomination
unless fraudulent methods appear to have thwarted the will of the
electorate. Volume VI, section 93.
COINAGE.
The rule gives to the Committee on Coinage, Weights, and Measures
jurisdiction of the subject of ``coinage, weights, and measures.''
Volume IV, section 4090.
Subjects relating to the coinage of silver and purchase of bullion have
been within the jurisdiction of the Committee on Coinage, Weights, and
Measures. Volume IV, section 4093.
Bills for defining and fixing the standard of value and regulating
coinage and exchange of coin are within the jurisdiction of the
Committee on Coinage, Weights, and Measures. Volume IV, section 4095.
Subjects relating to mints and assay offices are within the
jurisdiction of the Committee on Coinage, Weights, and Measures. Volume
IV, section 4094.
A bill relating to Hawaiian coinage was reported by the Committee on
Coinage, Weights, and Measures. Volume IV, section 4092.
COINAGE, WEIGHTS, AND MEASURES, COMMITTEE ON.
The creation and history of the Committee on Coinage, Weights, and
Measures, section 6 of Rule XI. Volume IV, section 4090.
Recent history of the Committee on Coinage, Weights, and Measures,
section 6 of Rule XI. Volume VII, section 1797.
The rule gives to the Committee on Coinage, Weights, and Measures
jurisdiction of the subject of ``coinage, weights, and measures.''
Volume IV, section 4090.
Bills for the establishment of a standardizing bureau and the adoption
of the metric system have been reported by the Committee on Coinage,
Weights, and Measures. Volume IV, section 4091.
The Committee on Coinage, Weights, and Measures exercises jurisdiction
over legislation providing for the establishment of standard packages
and grades in interstate commerce. Volume VII, section 1799.
Legislation relating to the establishment of legal standards of value
in insular possession of the United States is considered by the
Committee on Coinage, Weights, and Measures. Volume VII, section 1802.
The Committee on Coinage, Weights, and Measures has jurisdiction over
the establishment of standard weights and measures for cereal mill
products, foodstuffs, and commercial feeds. Volume VII, section 1800.
Subjects relating to mints and assay offices are within the
jurisdiction of the Committee on Coinage, Weights, and Measures. Volume
IV, section 4094.
Subjects relating to mints and assay offices are within the
jurisdiction of the Committee on Coinage, Weights, and Measures. Volume
VII, section 1798.
Bills for defining and fixing the standard of value and regulating
coinage and exchange of coin are within the jurisdiction of the
Committee on Coinage, Weights, and Measures. Volume IV, section 4095.
Authorizing for issuance of souvenir and commemorative coins is
reported by the Committee on Coinage, Weights, and Measures. Volume
VII, section 1801.
Subjects relating to the coinage of silver and purchase of bullion have
been within the jurisdiction of the Committee on Coinage, Weights, and
Measures. Volume IV, section 4093.
A bill relating to Hawaiian coinage was reported by the Committee on
Coinage, Weights, and Measures. Volume IV, section 4092.
Bills providing for stabilization of currency, formerly held to be
within the jurisdiction of the Committee on Coinage, Weights, and
Measures, are now considered by the Committee on Banking and Currency.
Volume VII, section 1796.
COLDEN.
The New York election case of Colden v. Sharp in the Seventeenth
Congress. Volume I, section 638.
COLE, ELECTION CASE OF.
The House denied the claim of a State to representation greater than
the apportionment had given her when the reasons for such claim applied
to many other States. Volume VI, section 54.
COLEMAN.
The Louisiana election case of Coleman v. Buck in the Fifty-fourth
Congress. Volume II, section 1082.
COLFAX, SCHUYLER, of Indiana, Speaker and Vice-President.
Mr. Speaker Colfax, having been elected Vice-President, resigned his
Speakership on the last day of the Congress. Volume I, section 225.
Calling a Member to the chair, Mr. Speaker Colifax offered from the
floor a resolution for the expulsion of a Member. Volume II, section
1253.
The inquiry as to the conduct of Schuler Colfax, Vice-President of the
United States. Volume III, section 2510.
Decision on questions of order relating to--
Absent Members. Volume IV, section 3023.
Adjournment. Volume V, section 6686.
Agree, motion to. Volume V, section 6166.
Amendments between the House. Volume V, sections 6170, 6434.
Amendments to the Constitution. Volume V, sections 7034, 7036, 7037,
7039, 7040.
Appointment of committees. Volume IV, section 4461.
Arraignment for contempt. Volume III, sections 1685, 1686.
Assaults. Volume II, section 1629.
Call of the House. Volume IV, sections 3022, 3030. Volume V, sections
5939, 5940.
Censure. Volume II, sections 1247, 1249, 1305, 1655. Volume III,
section 2651.
Committee of the Whole. Volume IV, section 4834 (footnote), 4854.
Volume V, sections 6935, 6936.
Concurrent resolutions. Volume IV, section 3379.
Conference. Volume V, sections 6303, 6344.
Conference reports. Volume V, sections 6421, 6520.
Congressional Record. Volume V, sections 6975, 6978.
Credentials. Volume I, section 361.
Debate. Volume II, section 1305. Volume V, sections 5001, 5091, 5093,
5094, 5106, 5116, 5134, 5135, 5154, 5169, 5193.
Delegate. Volume II, sections 1293, 1294.
Dilatory motions. Volume V, section 5711.
Discharge of a committee. Volume IV, section 4693.
Division of question. Volume V, sections 6110, 6115, 6119, 6143.
Division of the question. Volume I, section 394.
Electoral count. Volume III, sections 1950, 1951, 1952, 2576.
Impeachments. Volume III, sections 2042, 2049, 2051, 2052, 2054, 2401,
2408, 2147, 2418, 2420 (footnote).
Instruction of managers of conference. Volume V, section 6381.
Investigations. Volume III, section 2645.
Joint Select Committee. Volume IV, section 4420
Journal. Volume IV, sections 2746, 2789, 2813.
Lay on the table, motion to. Volume IV, section 3385. Volume V, section
5438.
Legislative day. Volume V, section 6739.
Legislation on appropriate bills. Volume IV, section 3911.
Minority. Volume IV, section 4606.
Members. Volume V, section 4980.
Oath. Volume I, sections 136, 139, 387.
Personal explanation. Volume V, sections 5065, 5066, 5072, 5074.
Points of order. Volume V, sections 4951, 6877.
COLFAX, SCHUYLER, of Indiana, Speaker and Vice-President--Continued.
Decisions on questions of order relating to--Continued.
Preamble. Volume V, section 6148.
Privilege. Volume I, sections 322, 674. Volume III, sections 2400,
2502, 2538, 2587, 2612, 2639, 2653, 2657, 2682, 2706.
Protest. Volume IV, section 2798.
Reading of papers. Volume V, sections 5276, 5281.
Recall of a bill. Volume V, section 5670.
Recess. Volume V, section 5750.
Recognition. Volume II, section 1454.
Reconsider, motion to. Volume V, section 5618.
Reference to committee. Volume IV, section 4555.
Reports of committee. Volume IV, sections 4589, 4590, 4680, 4681.
Roll of Delegates. Volume I, section 62.
Select committee. Volume IV, section 4400.
Signing of bills. Volume IV, sections 3459, 3493.
Speaker. Volume II, sections 1335, 1365, 1372, 1375. Volume III,
sections 1744, 1950. Volume IV, section 3318.
Suspension of the rules. Volume V, section 6846.
Vetoed bills. Volume IV, section 3549.
Voting. Volume V, section 6045.
Yeas and nays. Volume V, sections 6057, 6065.
Yielding the floor. Volume V, sections 5018, 5026.
Yielding the floor in debate. Volume V, section 5007.
COLLEGE.
In an inconclusive case the House reversed the decision of its
committee that residence while attending a school was not such
residence as entitled one to the suffrage. Volume I, section 54.
The subject of agricultural colleges and experiment stations is within
the jurisdiction of the Committee on Agriculture. Volume IV, section
4152.
COLLISIONS.
The subject of rules to prevent collisions at sea and international
arrangements therefor have been reported by the Committee on Merchant
Marine and Fisheries. Volume IV, section 4135.
Collisions, coasting districts, marine schools, etc., are subjects of
doubtful jurisdiction between the Committees on Merchant Marine and
Fisheries and Interstate and Foreign Commerce. Volume IV, section 4146.
COLLOQUYS.
Rule governing the Senators in the Swayne trial as to colloquys and
questions. Volume III, section 2480.
COLOR.
The rights of citizens of the United States to vote shall not be denied
or abridged on account of race, color, or previous condition of
servitude. Volume I, section 299.
Instance wherein the color of the voters was taken into account as
creating a presumption in relation to their votes. Volume II, section
1065.
Instance wherein the color of voters contributed to a presumption as to
their votes. Volume Volume II, section 1074.
The color of the voter should be sustained by other conclusive evidence
in order to establish a presumption as to how he voted. Volume II,
section 1048.
The color of a ballot is considered in determining as to distinguishing
marks. Volume II, section 1045.
Instance wherein the vote of a disqualified voter was proven by the
fact of his color. Volume II, section 985.
COLORADO, ELECTION CASES FROM.
House election cases from--
Fortieth Congress.--Hunt and Chilcott. Volume I, section 599.
Forty-fifth Congress.--Patterson and Belford. Volume I, sections 523,
524.
Fifty-fourth Congress.--Pearce v. Bell. Volume II, section 1073.
Fifty-eighth Congress.--Bonynge v. Shafroth. Volume I, section 742.
COMER.
The Alabama election case of Comer v. Clayton in the Fifty-fifth
Congress. Volume I, section 745.
COMFORT.
A proposition relating to the comfort or convenience of Members is
presented as a question of privilege. Volume III, sections 2630, 2631.
A resolution from the Committee on Ventilation and Acoustics relating
to the comfort of Members in the Hall was received as a question of
privilege. Volume III, section 2629.
COMMERCE.
The rule gives to the Committee on Interstate and Foreign Commerce
jurisdiction of subjects relating to ``commerce, Life-Saving Service,
and light-houses,'' but not including appropriations therefor. Volume
IV, section 4096.
The Committee on Interstate and Foreign Commerce's former jurisdiction
over legislation relating to the navigation, commerce, shipping
facilities, and pollution of the Great Lakes, and the survey and
improvement of navigation therefrom to the sea via the St. Lawrence
River has been transferred to the Committee on Merchant Marine and
Fisheries. Volume VII, section 1809.
The Committee on Interstate and Foreign Commerce has jurisdiction of
bills affecting domestic and foreign commerce, except such as may
affect the revenue. Volume IV, section 4097.
The former jurisdiction of the Committee on Interstate and Foreign
Commerce over customs matters related most closely to commerce has
passed to the Committee on Ways and Means. Volume IV, section 4026.
Measures for fostering commercial intercourse with foreign nations and
for safeguarding American business interests abroad have been
considered by the Committee on Foreign Affairs. Volume IV, section
4175.
Bills relating to convict labor and the entry of goods made by convicts
into interstate commerce have been reported by the Committee on Labor.
Volume IV, section 4248.
The organic acts creating the Department of Commerce and Labor, and
subsequently the Department of Labor, were held to authorize lump-sum
appropriations for special employees. Volume VII, section 1325.
An appropriation for promotion of commerce in the Far East was held to
be authorized by organic law establishing the Department of Commerce.
Volume VII, section 1261.
An appropriation for promotion of commerce in the Far East was held to
be authorized by organic law establishing the Department of Commerce.
Volume VII, section 1261.
An appropriation for investigation of foods in their relation to
commerce and consumption is not so authorized by law as to sanction an
appropriation on an appropriation bill. Volume VII, section 1298.
An appropriation for commercial attaches to be appointed by the
Secretary of Commerce was held by the House to be authorized by the
organic law creating the Department of Commerce. Volume VII, section
1257.
The protection of trade and commerce against unlawful restraints and
monopolies is a subject within the jurisdiction of the Committee on the
Judiciary. Volume VII, section 1748.
Punishment of sedition, espionage, and seditious interference with
foreign relations and commerce are subjects within the jurisdiction of
the Committee on the Judiciary. Volume VII, section 1751.
Bills regulating commerce with pubic enemies have been reported by the
Committee on Interstate and Foreign Commerce. Volume VII, section 1823.
COMMERCIAL TRAVELERS.
Bills relating to commercial travelers as agents of interstate commerce
and branding of articles going into such commerce have been considered
by the Committee on Interstate and Foreign Commerce. Volume IV, section
4115.
COMMISSION, ELECTORAL.
A commission consisting of Members of the House and Senate and certain
members of the judiciary was provided by law to settle disputed
questions relating to the electoral count of 1877. Volume III, section
1953.
During the electoral count of 1877 the Speaker held that the House
alone might not refer a matter to the Electoral Commission. Volume III,
section 1955.
In 1877 the House authorized its Members of the Electoral Commission to
sit during the session of the House. Volume IV, section 4549.
COMMISSIONER, RESIDENT OF PORTO RICO.
The Resident Commissioner to the United States from Porto Rico has the
privilege of the floor. Volume V, section 7283.
The rules give the Resident Commissioner of Porto Rico the status of a
Delegate in the House and assign to him an additional place on the
Committee on Insular Affairs. Volume II, section 1306.
The privileges of the floor with the right to debate were extended to
Resident Commissioners in the Sixtieth Congress. Volume VI, section
244.
By general acquiescence the Resident Commissioners of the Philippine
Islands have been permitted the privilege of debating. Volume VI,
section 246.
By order of the House the Resident Commissioners of the Philippine
Islands were granted the right of debate, and assigned to offices in
the House Office Building. Volume VI, section 245.
The Resident Commissioners to the United States from Porto Rico and the
Phillippine Islands have the privilege of the floor. Volume VIII,
section 3634.
Form of resignation of a resident commissioner and notification of the
appointment of his successor. Volume VI, section 231.
COMMISSIONERS.
Committees are created commissioners by law if their functions are to
extend beyond the term of the Congress. Volume IV, section 4545.
By request of the House the Speaker has named himself as one of the
members of a commission authorized by law. Volume II, section 1342.
COMMISSIONERS OF THE DISTRICT OF COLUMBIA.
A committee of the House by majority report held a commissioner of the
District of Columbia not to be a civil officer subject to impeachment
under the Constitution. Volume VI, section 548.
An appropriation to increase the authorized salary of the engineer
commissioner of the District of Columbia was held not to be in order on
an appropriation bill. Volume VII, section 1331.
The investigation into the conduct of Frederick A. Fenning, a
commissioner of the District of Columbia in 1926. Volume VI, section
548.
The law empowering the Commissioners of the District of Columbia to
make building regulations was held to authorize the appointment of
building inspectors. Volume VII, section 1191.
A provision of law authorizing Commissioners of the District of
Columbia to take over and operate fish wharves was held not to
authorize an appropriation to reconstruct such wharves. Volume VII,
section 1187.
COMMISSIONS.
(1) Authorization, appointment, etc.
(2) Questions as to appointment of Members on.
(3) Reports of.
(1) Authorization, Appointment, etc.
A commission, which acted and reported during the lifetime of a
Congress, was created by concurrent resolution. Volume IV, section
4703.
For performing duties after the expiration of the term of a Congress
commissions are created by law. Volume IV, section 4436.
In 1842 the House, after discussion, abandoned a proposition to pass on
the authority of the President to appoint commissions of investigations
without the sanction of law. Volume II, section 1585.
The House by resolution may delegate the appointment of a commissioner
to take testimony in an election case and may prescribe the course of
procedure of said commissioner. Volume I, section 598.
A bill to provide a commission to settle claims against the Government
does not fall within the rule requiring private claims to be referred
only to certain specified committees. Volume V, section 4381.
In 1877, in accordance with a provision of law, the House elected by
viva voce vote five Members of the Electoral Commission. Volume IV,
section 4464.
A Senator, member of a joint commission created by law and appointed by
the presiding officers of the two Houses, respectively, tendered his
resignation in the Senate. Volume IV, section 4446.
A Member of a joint commission created by law may resign without leave
of the House; but announcement of such resignation is properly
transmitted to the Speaker. Volume VII, section 2168.
The expenditure of an appropriation for expenses provided in an act
creating a permanent commission was construed not to terminate the
operation of the act, and a further appropriation for maintenance of
the commission was held to be in order on an appropriation bill. Volume
VII, section 1279.
An additional appropriation to enable a legally authorized commission
to complete reclassification of salaries was held to be in order on an
appropriation bill. Volume VII, section 1344.
Provision by law for appointment of an international commission with
appropriation for its maintenance for the fiscal year was held not to
authorize appropriations for subsequent years. Volume VII, section
1254.
An appropriation for the expenses of the California Debris Commission
was held to be authorized by law. Volume VII, section 1279.
While a proposition to create a commission is legislation, a provision
involving appointment of a commission already authorized by law was
held to be in order. Volume VII, section 1448.
Creation of a commission to investigate advisability of continuing a
service formerly authorized but discontinued on expiration of statutory
authorization does not authorize appropriation for continuance of the
service, and an amendment providing for such appropriation is
legislation. Volume VII, section 1459.
Appointments to boards and commissions having jurisdiction over
institutions and affairs connected with the Military Service have been
reported by the Committee on Military Affairs. Volume VII, section
1901.
The establishment of commissions dealing with subjects under the
jurisdiction of the Joint Committee on the Library has been reported by
the House branch of that committee. Volume VII, section 2088.
COMMISSIONS--Continued.
(1) Authorization, Appointment, etc.--Continued.
Bills providing for the appointment of commissions to confer with
foreign governments relative to matters of common interest between such
governments and the Government of the United States have been reported
by the Committee on Foreign Affairs. Volume VII, section 1887.
Jurisdiction over proposals for the creation of joint committees and
commissions has been held, but not invariably, to rest with the
Committee on Rules. Volume VII, section 2050.
(2) Questions as to Appointment of Members on.
Conclusion of the Judiciary Committee that the member of a commission
created by law to investigate and report, but having no legislative,
judicial, or executive powers was not an officer within the meaning of
the constitutional inhibition. Volume I, section 493.
Summary of instances wherein Members of the House and Senate have been
appointed by the Executive to commissions (footnote). Volume I, section
493.
In 1815 the House questioned the constitutional right of a Member to
accept an appointment as commissioner, the office being created under
the terms of a treaty during the period of his membership. Volume I,
section 506.
In 1922 the Senate questioned the constitutional right of a Member to
sit upon a commission created during the period of his Membership.
Volume VI, section 64.
Service upon a commission the members of which receive no compensation
and the function of which is limited as to time and restricted to a
single object is not incompatible with service in the Senate. Volume
VI, section 64.
A joint resolution created a select committee (in effect a commission),
composed of Members of the House, and authorized it report to the
succeeding Congress. Volume VI, section 544.
(3) Reports of.
There is some question as to the status of a report made from a
commission constituted by law. Volume IV, sections 4698-4701.
Discussion of the procedure in the presentation and reference of
reports from commissions created by law and from joint committees of
the two Houses. Volume VI, section 371.
The report of a commission constituted by law is referred to a
committee when presented in the House Volume IV, section 4702.
A commission created by concurrent resolution, and including persons
not Members of Congress in its membership, reported like a committee.
Volume IV, section 4703.
Members of a Congressional commission, who were not Members of the
House or Senate, exercised the privilege of filing minority views when
the report was made. Volume IV, section 4703.
The report of a joint commission constituted by law, with minority
views thereon, was received and, with a bill recommended by the
commission, was referred to the Union Calendar. Volume VIII, section
2317.
COMMIT, MOTION TO.
(1) Nature of.
(2) Precedence of.
(3) Repetition of.
(4) Application of other motions to it.
(5) Application of, to other motions and amendments.
(6) Application of, to vetoed bills.
(7) As applied to the reference of bills, etc.
(8) As applied to conference reports and related subjects.
(9) Recommital.
COMMIT, MOTION TO--Continued.
(10) With instructions.--Condition of the motion.
(11) With instructions.--Limitations of.
(12) With instructions.--To report ``forthwith.''
(13) With instructions.--In relation to duty of committee.
(14) In relation to the previous question.--Time of making.
(15) In relation to the previous question.--Application of.
(16) In relation to the previous question.--Debate and amendment.
(17) In relation to the previous question.--Limitations of.
(18) In relation to the previous question.--In general.
(19) In relation to the previous question.--Before rules are adopted.
(20) Debate on.
(1) Nature of.
The motions to refer, commit, and recommit are practically the same.
Volume V, section 5521.
The motions to refer, commit, and recommit are practically the same,
and a motion to recommit a Senate bill to a standing committee of the
House to which it had not previously been referred was held to be in
order. Volume VIII, section 2736.
A motion to refer may specify that the reference be to a select
committee of a stated number of Members, and may endow this committee
with power to send for persons and papers. Volume IV, section 4402.
Instance wherein a select committee was authorized by the adoption by
the House of a motion to refer. Volume IV, section 4401.
A bill being under consideration ``in the House as in Committee of the
Whole'' a motion to commit was decided to be in order, although the
reading by sections had not begun. Volume IV, sections 4931, 4932.
(2) Precedence of.
Rule of precedence of the motion to refer in relation to other motions.
Volume V, section 5301.
Whether ``a question is under debate'' or not a motion to lay on the
table has precedence of a motion to refer. Volume V, section 5303.
The motion to refer, the previous question not being ordered, has
precedence of the motion to amend. Volume V, section 5555.
Before the stage of disagreement has been reached the motion to refer
to a committee Senate amendments returned with a House bill has
precedence of a motion to agree to the amendments. Volume V, sections
6172-6174.
The stage of disagreement having been reached the motion to insist has
precedence of the motion to refer. Volume V, section 6225.
During consideration of a motion to suspend the rules and pass a bill
it is not in order to move to commit the bill or to demand a separate
vote on amendments pending with the bill. Volume V, section 6860.
The question of consideration being pending, a motion to refer is not
in order. Volume V, section 5554.
(3) Repetition of.
A motion to postpone to a day certain, refer or postpone indefinitely,
being decided, is not again in order on the same day at the same stage
of the question. Volume V, section 5301.
Interpretation of the rule which forbids the repetition of the motions
to postpone or refer at the same stage of the question. Volume V,
section 5591.
(4) Application of Other Motions to it.
The motions to postpone, refer, amend, for a recess, and to fix the day
to which the House shall adjourn may be amended. Volume V, section
5754.
COMMIT, MOTION TO--Continued.
(4) Application of Other Motions to it--Continued.
The previous question may be moved on both the motion to refer and on
the pending resolution. Volume V, section 5466.
The motion to postpone indefinitely may not be applied to the motion to
refer. Volume V, section 5317.
An instance wherein a motion to refer was laid on the table. Volume V,
section 5433.
(5) Application of, to Other Motions and Amendments.
A former rule of the House provided that motions might be committed,
and the principle has been reasserted by the Chair. Volume V, section
5574.
It was held in the Senate that a pending motion might not be referred
to a committee. Volume V, section 5556.
After discussion the Senate decided out of order a motion to refer an
amendment to a pending bill without the bill itself. Volume V, section
5557.
(6) Application of, to Vetoed Bills.
A motion to refer a vetoed bill, either with or without the message,
has been held allowable within the constitutional mandate that the
House ``shall proceed to reconsider.'' Volume IV, section 3550.
Not only have vetoed bills been referred to committees, but in practice
those committees have often neglected to report (footnote). Volume IV,,
section 3550.
While the ordinary motion to refer may be applied to a vetoed bill, it
is not in order to move to commit it pending the demand for the
previous question or after it is ordered on the constitutional question
of reconsideration. Volume IV, section 3551.
While the ordinary motion to refer may be applied to a vetoed bill, it
is not in order to move to commit it pending the demand for the
previous question or after the previous question is ordered on the
constitutional question of reconsideration. Volume VII, section 1102.
(7) As Applied to the Reference of Bills, etc.
It is in order for the House to refer a bill to any committee, though
such committee, under Rule XI, might not have original jurisdiction of
the bill. Volume V, section 5527.
The House may by vote refer a bill to any committee without regard to
the rules of jurisdiction. Volume IV, section 4375.
It is in order to refer a matter to a committee before its members have
been appointed. Volume IV, section 4555.
After a committee has reported a matter it is too late to reconsider
the vote by which it was referred. Volume V, section 5651.
The parliamentary law provides that the House may commit a portion of a
bill, or part to one committee and part to another. Volume V, section
5558.
A portion of a petition may be referred to one committee and the
remainder to another. Volume IV, sections 3359, 3360.
A portion of a petition being in contravention of a rule, was laid on
the table while the remainder was referred. Volume II, section 3358.
It was held in order to refer a matter to a joint committee, although a
law directed that such matters be referred to the House Members of the
said joint committee. Volume IV, section 4433.
A joint resolution may not be divided for reference. Volume IV, section
4376.
A motion that the Committee of the Whole report a bill with the
recommendation that it be referred may not be made until it has been
read for amendments. Volume IV, sections 4761, 4762.
Before the completion of the organization of the House in 1869 the
Clerk refused to entertain a motion referring to a committee a subject
relating to the election of a Member. Volume I, section 78.
During the electoral count of 1877 the Speaker held that the House
alone might not refer a matter to the Electoral Commission. Volume III,
section 1955.
COMMIT, MOTION TO--Continued.
(8) As Applied to Conference Reports and Related Subjects.
A motion to refer a conference report to a standing committee has been
held out of order. Volume V, section 6558.
It is in order for one body to recommit a conference report if the
other body, by action on the report, have not discharged their
managers. Volume V, sections 6545-6550.
It is in order for one body to recommit a conference report, the other
body not having by action on the report discharged their conferees.
Volume V, section 6609.
Where a conference report has been made and acted on in one House and
the managers of that House have thereby been discharged the other House
is precluded thereby from recommitting the report to the managers.
Volume V, sections 6551-6553.
A conference report that has been acted on by either House is sometimes
recommitted by concurrent action of the two Houses taken by unanimous
consent. Volume V, sections 6554-6557.
A question being raised as to certain revenue amendments of the Senate
it was held in order to refer the constitutional question to the House
conferees in case there should be a conference. Volume II, section
1491.
(9) Recommittal.
A bill referred to a committee and reported therefrom is sometimes
recommitted. Volume V, section 5558.
A motion to recommit may be made after the engrossment and third
reading of a bill, even though the previous question may not have been
ordered. Volume V, sections 5562, 5563.
When a report is recommitted the committee must take up the subject
anew, the former action being of no further account. Volume IV, section
4557.
When a bill is recommitted to the committee which reported it the whole
question is before the committee anew as if it had not been before
considered. Volume V, section 5558.
A bill having been recommitted to a committee with leave to report at
any time and being reported immediately by the chairman was held to the
subject to the point of order that the committee had not considered it.
Volume IV, section 4691.
A bill is sometimes recommitted to a Committee of the Whole with
instructions. Volume V, sections 5552, 5553.
The simple motion to recommit is not in order in Committee of the
Whole. Volume IV, section 4721.
The House having disposed of a report adversely it is not in order to
recommend it. Volume V, section 5559.
It is not in order to commit a report until a question of order
relating to its reception has been settled. Volume V, section 5560.
(10) With Instructions.--Condition of the Motion.
The ordinary motion to commit may be amended, as by adding
instructions, unless such amendment is prevented by moving the previous
question. Volume V, section 5521.
A division of the question is not in order on a motion to commit with
instructions or on the different branches of the instructions. Volume
V, sections 6134-6137.
When it is proposed to refer with instructions, an amendment to the
instructions should be germane thereto. Volume V, section 6888.
The motion to recommit with instructions is debatable. Volume V,
section 5561.
The motion to recommit with instructions may be made before the
engrossment of a bill and is debatable, but a demand for the previous
question, if sustained, cuts it off. Volume V, section 5561.
(11) With Instructions.--Limitations of.
It is not in order to do indirectly by a motion to commit with
instructions what may not be done directly by way of amendment. Volume
V, sections 5529-5541, 5889.
COMMIT, MOTION TO--Continued.
(11) With Instructions.--Limitations of--Continued.
It is not in order to do indirectly by a motion to recommit with
instructions what may not be done directly by way of amendment. Volume
V, section 5834.
Reasoning from the parliamentary law that a part of a bill may be
committed to one committee and a part to another, it was held in order
in the Senate to recommit a bill with instructions to report it as two
bills. Volume V, section 5528.
A bill having been reported from the Committee of the Whole with
instructions, which were ruled out of order as proposing a change of
the rules, the bill was held thereby to stand recommitted to the
Committee of the Whole. Volume IV, section 4784.
(12) With Instructions.--To Report ``Forthwith.''
A bill may be committed with Instructions that it be reported
``forthwith,'' and in such a case the chairman of the committee to
which it is committed makes a report at once without awaiting action of
the committee. Volume V, sections 5545-5547.
It is in order to move to recommit, with instructions to the committee
to report ``forthwith,'' a certain proposition, but instructions that
the report be made on a certain day in the future involve a different
principle. Volume V, sections 5548, 5549.
It is in order to refer a matter already under consideration to a
committee with Instructions to report a bill forthwith, and such bill
being reported is in order for immediate consideration. Volume V,
section 5550.
(13) With Instructions.--In Relation to Duty of Committee.
On a motion to commit with instructions the instructions may not
authorize a committee to report at any time, as such authorization
would constitute a change of the rules. Volume V, sections 5543, 5544.
A private bill for the relief of one individual may not be amended so
as the extend its provisions to another individual, even indirectly
through a motion to recommit with instructions. Volume IV, section
3296.
It is not in order to move to commit a private bill with instructions
that the committee report a general bill relating to subjects of the
same class. Volume IV, section 3295.
The Committee of the Whole having decided between two propositions, and
the House having agreed to the amendment embodying that decision, it
was held to be in order in the House to move to recommit, with
instructions that in effect brought the two propositions to the
decision of the House. Volume V, section 5592.
After the previous question had been ordered it was once held in order
to move to commit, with instructions to strike out a portion of an
amendment already agreed to, although such a purpose might not be
accomplished directly by a motion to amend. Volume V, section 5542.
When a matter is recommitted with instructions the committee must
confine itself within the instructions. Volume V, section 4404.
When a bill is recommitted with instructions relating only to a certain
portion the committee may not review other portions. Volume V, section
5526.
When a committee had made a report which exceeded its instructions the
Speaker ruled out the excess portion but permitted the remainder of the
report to stand. Volume IV, section 4404.
The Speaker may not rule out a report because the committee have failed
to comply with their instructions in relation to it. Volume IV, section
4689.
(14) In Relations to the Previous Question.--Time of Making.
The motion to refer provided for in the rule for the previous question.
Volume V, section 5569.
Pending the vote on the passage of a bill, under the operation of the
previous question, a motion to commit to a standing or select
committee, with or without instructions, is in order. Volume V, section
5443.
COMMIT, MOTION TO--Continued.
(14) In Relations to the Previous Question.--Time of Making--Continued.
The motion to refer under Rule XVII may be made pending the demand for
the previous question on the passage, whether a bill or resolution be
under consideration. Volume V, section 5576.
The motion to commit after the ordering of the previous question, as
provided by section 1 of Rule XVII, applies to simple resolutions as
well as to bills and joint resolutions. Volume VIII, section 2742.
The motion to commit has been admitted pending a demand for the
previous question on agreeing to a concurrent resolution. Volume V,
section 6698.
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. Volume V, section 5577.
When the motion for the previous question covers all stages of the bill
to the final passage the motion to commit is made after the third
reading, and is not in order before engrossment or third reading or
pending the motion for the previous question. Volume V, sections 5578-
5581.
When the previous question 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. Volume
V, sections 5585-5588.
(15) In Relations to the Previous Question.--Application of.
The motion to commit after the previous question is ordered applies to
resolutions, the word ``bill'' in the rule being a generic term
applying to all legislative propositions. Volume V, section 5572.
The motion to commit provided for in the rule for the previous question
applies not only to bills but to resolutions of the House alone. Volume
V, section 5573.
The previous question having been ordered on a motion to agree to a
Senate amendment to a House bill a motion to commit is in order. Volume
V, section 5575.
The motion to commit provided for the rule for the previous question
may be applied to a motion to amend the Journal. Volume V, section
5574.
An opinion of the Speaker that the motion to commit is not in order
when the previous question has been ordered simply on a pending
amendment. Volume V, section 5573.
Although the decisions conflict those last made do not admit the motion
to commit after the previous question has been ordered on a report from
the Committee on Rules. Volume V, sections 5593-5601.
(16) In Relations to the Previous Question.--Debate and Amendment.
The motion to commit, made after the previous question is ordered, is
not debatable. Volume V, section 5582.
The motion to commit under section 1 of Rule XVII is not debatable, but
is amendable unless the previous question is ordered on it. Volume V,
sections 5570, 5571.
After the previous question is ordered the motion to commit may be
amended, as by adding instructions, unless such amendment be precluded
by moving the previous question on the motion to commit. Volume V,
sections 5582-5584.
The simple motion to refer or commit is debatable, but the merits of
the proposition which it is proposed to refer may not be brought into
the debate. Volume VIII, section 2740.
(17) In Relations to the Previous Question.--Limitations of.
Under the rule for the previous question but one motion to commit is in
order. Volume V, sections 5577, 5582, 5885.
The previous question having been ordered, and a motion to recommit
having been made in the form of a resolution with a preamble, the
preamble was ruled out of order. Volume V, section 5589.
COMMIT, MOTION TO--Continued
(17) In Relation to the Previous Question--Limitations of--Continued.
The House having determined in the negative the question on the
engrossment and third reading of a bill, a motion to commit is not in
order under the rule for the previous question. Volume V, sections
5602, 5603.
Where 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 the motion to commit is
precluded. Volume IV, sections 3207-3209.
(18) In Relation to the Previous Question--In General.
The opponents of a bill have no claim to prior recognition to make the
motion to refer under Rule XVII. Volume II, section 1456.
The motion to lay on the table may not be applied to the motion to
commit authorized after the previous question is ordered. Volume V,
sections 5412-5414.
The vote whereby a bill was passed having been reconsidered, amendments
having been made and the third reading ordered again under operation of
the previous question, a motion to recommit was held to be in order,
although such a motion had previously been rejected. Volume V, section
5590.
A bill recommitted under the rule relating to the previous question,
and on which, when it is again reported and considered, the previous
question is again ordered, may again be subjected to the motion to
commit. Volume V, section 5591.
A bill recommitted under section 1 of Rule XVII (rule of the previous
question) and reported, back to the House must again be put on the
passage to be engrossed for a third reading. Volume V, section 5591.
A bill recommitted under Rule XVII with instructions that it be
reported ``forthwith'' was when reported again, passed to be engrossed
and read a third time. Volume V, section 5551.
(19) In Relation to the Previous Question--Before Rules are Adopted.
Before the adoption of rules, while the House was acting under general
parliamentary law, it was held that the motion to commit was in order
pending the motion for the previous question or after it had been
ordered on a resolution. Volume V, section 5604.
While the House was proceeding under general parliamentary law a motion
to commit a pending resolution was admitted after the previous question
had been ordered on the adoption of the resolution. Volume VIII,
section 3384.
Before the adoption of rules the motion to commit has been admitted
after the ordering of the previous question. Volume V, section 6758.
(20) Debate on.
The simple motion to refer or commit is debatable, but the merits of
the proposition which it is proposed to refer may not be brought into
the debate. Volume V, sections 5564-5568.
On a motion to recommit the latitude of debate is not large. Volume V,
section 5054.
A former rule of the House provided that a motion to refer should not
be debatable (footnote). Volume V, section 5564.
COMMITMENT.
A discussion as to the power of the House to imprison for a period
after the adjournment of the session. Volume II, section 1629.
No court ``may inquire directly into the correctness or propriety'' of
a commitment by either House or discharge the prisoner on habeas
corpus. Volume II, section 1640.
A recalcitrant witness having been committed for refusal to testify,
the Supreme Court sustained the dismissal of a petition for a writ of
habeas corpus. Volume VI, section 351.
COMMITTEE OF THE WHOLE
(1) Formation and functions of.
(2) Quorum of.--In general.
COMMITTEE OF THE WHOLE--Continued.
(3) Quorum of.--Procedure on failure of.
(4) Speaker's authority as to.
(5) Chairman may cause galleries or lobby to be cleared.
(6) Disorder in.--House may punish for.
(7) Disorder in.--Speaker may take the chair to restore order.
(8) Relations to the Congressional Record.
(9) Subjects requiring consideration in.--The rule and its application.
(10) Subjects requiring consideration in.--Examples of.
(11) Subjects requiring consideration in.--Claims.
(12) Subjects requiring consideration in.--GSenate amendments proposing
expenditures, etc.
(13) Subjects not included in the rule sometimes considered in.
(14) Subjects not considered in.--General principles.
(15) Subjects not considered in.--When made special orders, etc.
(16) Subjects not considered in.--After recommittal.
(17) Subjects not considered in.--Examples of.
(18) Investigations by.
(19) House may attend impeachments in.--Instances of.
(20) House may attend impeachments in.--Reports as to.
(21) Points of order.--In General.
(22) Points of order.--Effect of reserving on bills when referred.
(23) Points of order.--During consideration of bills by paragraphs.
(24) Points of order.--When not in order.
(25) Motions to go into.--In general.
(26) Motions to go into.--Privileged.
(27) Motions to go into.--To consider private business.
(28) Motions to go into.--After the morning hour to consider
nonprivileged bills.
(29) Special orders for consideration in.
(30) On Calendar Wednesday.
(31) Order of business in.--General principles of.
(32) Order of business in.--Use of special orders to determine.
(33) Debate in.--The motion to close general debate.
(34) Debate in.--Present form of motion to close general debate and
early practice.
(35) Debate in.--Practice as to closing general debate.
(36) Debate in.--The five-minute debate.
(37) Debate in.--Confining the Member to the subject.
(38) Debate in.--Unparliamentary language.
(39) Debate in.--In general.
(40) Motions in.--In general.
(41) Motions in.--To amend.
(42) Motions in.--To strike out the enacting clause.
(43) Motions in.--As to form of report.
(44) Voting in.
(45) Rising of.--Precedence of motions for, etc.
(46) Rising of.--Informal.
(47) Process of consideration in.--Reading and amending bills.
(48) Process of consideration in.--Senate recommendations.
(49) Process of consideration in.--President's message.
(50) Reports from.--Duties of Speaker and House as to receiving.
(51) Reports from.--Forms of, in present and past practice.
(52) Reports from.--Only amendments that are agreed to.
(53) Reports from.--Consideration of amendments in the House.
COMMITTEE OF THE WHOLE--Continued
(54) Reports from.--Consideration of bills in the House.
(55) Discharge of.
(56) Consideration ``in the House as in Committee of the Whole.''
(1) Formation and Functions of.
The origin and development of the Committee of the Whole. Volume IV,
section 4705.
Distinction between the Committee of the Whole House on the state of
the Union and the Committee of the Whole House. Volume IV, section
4705.
An instance where in the House resolved into the Committee of the Whole
House on the state of the Union without designating a specific subject
for consideration, in preference to engaging in general debate in the
House. Volume VIII, section 2318.
In forming a Committee of the Whole the Speaker leaves the chair after
appointing a chairman to preside. Volume IV, section 4704.
The Committee of the Whole has been held to be but a committee of the
House. Volume IV, section 4706.
The House may refer a subject to a Committee of the Whole as well as to
a standing committee. Volume IV, section 4709.
In a rare instance the House committed a bill directly to the Committee
of the Whole before sending it to a standing or select committee.
Volume II, section 1363.
A bill is sometimes recommitted to a Committee of the Whole with
instructions. Volume V, sections 5552, 5553.
Under the later rulings a question of privilege may be raised in
Committee of the Whole as to a matter then occurring in that committee.
Volume III, sections 2540-2544.
Instance wherein a bill was originated in Committee of the Whole House
on the state of the Union. Volume II, section 1363.
Only in exceptional and early cases has the Committee of the Whole
originated legislative propositions. Volume VI, sections 4707, 4708.
A Committee of the Whole having overruled its chairman and originated a
new legislative proposition the chairman made no mention of the new
proposition in his report, and in this was sustained by the Speaker.
Volume IV, section 4708.
A Committee of the Whole may not authorize or appoint a committee.
Volume IV, section 4710.
The Committee of the Whole may not grant authority to a standing
committee to amend its report or order the reprint of a bill. Volume
IV, section 4711.
The authority of the Committee of the Whole to recommend instructions
to the managers of a conference is doubtful. Volume IV, section 4715.
The Committee of the Whole has no power to make recommendations
relative to sending to conference. Volume VIII, section 2319.
The House, but not the Committee of the Whole, may by unanimous consent
discharge a standing committee from the consideration of a bill. Volume
IV, section 4697.
It is not in order in the House to move to postpone or otherwise
consider a bill which is still in the Committee of the Whole. Volume
IV, section 4915.
It has been held not in order during debate in the House to answer an
argument made in Committee of the Whole. Volume V, section 5052.
The rules of proceeding in the House shall be observed in Committee of
the Whole so far as they may be applicable. Volume IV, section 4737.
The rules of the House govern the Committee of the Whole in so far as
applicable. Volume VIII, section 2605.
The rule forbidding the Speaker to entertain requests for the
suspension of the rule relating to admission to the floor is held to
apply also to the Chairman of the Committee of the Whole. Volume V,
section 7285
COMMITTEE OF THE WHOLE--Continued.
(1) Formation and Functions of--Continued.
The Committee of the Whole may take a recess only by permission of the
House. Volume V, sections 6669-6671.
The Committee of the Whole may not alter an order of the House, and the
Chairman is not authorized to entertain requests to that effect. Volume
VIII, section 2323.
The Committee of the Whole has no authority to modify an order of the
House. Volume VIII, section 2321.
A Committee of the Whole may not alter, even by unanimous consent, an
order of the House. Volume VII, section 786.
Under provisions of a special rule for the consideration of a bill, the
Chairman of the Committee of the Whole declared the committee in
session from day to day without the House having adjourned, recessed,
or convened, and without the Speaker appearing in the chair. Volume
VIII, section 3360.
Women presiding in the House or in the Committee of the Whole are
properly addressed as ``Madam Speaker'' and ``Madam Chairman''
respectively. Volume VI, section 284.
Instance wherein one not a member of the majority party was called to
preside in the Committee of the Whole. Volume VI, section 264.
(2) Quorum of.--In General.
The quorum of the Committee of the Whole is one hundred. Volume IV,
section 2966.
A Committee of the Whole rising without a quorum may not report the
bills it has acted on. Volume IV, sections 2972, 2973.
The Committee of the Whole having risen because a quorum had failed the
bills that had been laid aside to be reported remained in the committee
until the next occasion, when the committee rose without question as to
a quorum. Volume IV, section 4913.
A Committee of the Whole rising for lack of a quorum has reported bills
acted on before the quorum failed (footnote). Volume IV, section 4913.
The passage of a bill by the House is not invalidated by the fact that
the Committee of the Whole reported it on an erroneous supposition that
a record vote had disclosed a quorum. Volume IV, section 2972.
The presence of a quorum is not necessary for a motion that the
Committee of the Whole rise. Volume IV, sections 2975, 2976, 4914.
When the Committee of the Whole finds itself without a quorum, the
motion to rise is privileged. Volume VI, section 671.
The fact that the vote whereby the Committee of the Whole rose did not
show a quorum was held not sufficient to prevent the reception of the
report of the committee by the House. Volume IV, section 4914.
No quorum being present when a vote is taken in Committee of the Whole,
that vote is not made valid by the fact that the roll call prescribed
by rule when a quorum fails in committee discloses a quorum present.
Volume IV, section 2974.
The Committee of the Whole having voted to rise after a point of no
quorum had been made, but before the Chair had ascertained, the bills
which the committee had acted on were reported to the House. Volume IV,
section 2974.
In 1836 it seems to have been customary for the Chairman of the
Committee of the Whole to count the committee to ascertain as to the
presence of a quorum. Volume II, section 1653.
In ascertaining the presence of a quorum in the Committee of the Whole
the Chairman counts members in the Chamber failing to vote on an
incidental motion to rise. Volume VI, section 671.
The Chairman's count of a quorum is not subject to verification by
tellers. Volume VIII, section 2369.
In ascertaining the presence of a quorum on a vote by tellers in
Committee of the Whole the Chairman notes those present and not voting.
Volume VI, section 641.
COMMITTEE OF THE WHOLE--Continued.
(3) Quorum of.--Procedure on Failure of.
When a quorum fails in Committee of the Whole the roll is called and
the committee rises and reports. Volume IV, section 2966.
On the failure of a quorum in Committee of the Whole the roll is called
but once. Volume IV, section 2967.
When a Committee of the Whole rises and reports the lack of a quorum
the sitting of the committee is resumed upon the appearance of a
quorum. Volume IV, section 2968.
When the Committee of the Whole, for supposed lack of a quorum, rises
and reports a roll call, a motion to adjourn may be admitted before the
Speaker, on information of a quorum, directs the committee to resume
its sitting. Volume IV, section 2969.
When the roll which is called in Committee of the Whole when a quorum
fails shows that a quorum responded the Speaker directs the committee
to resume its session, although less than a quorum may have appeared on
an intervening motion to adjourn. Volume IV, section 2969.
A quorum having voted on a motion to rise, made after the Committee of
the Whole had found itself without a quorum and before the roll was
called, the committee resumed its session. Volume VI, section 670.
The Chairman having announced the absence of a quorum in Committee of
the Whole, a motion to rise is in order and if a quorum develops on the
vote by which the motion is rejected the roll is not called and the
committee proceeds with its business. Volume VIII, section 2369.
While formerly the roll was called but once on failure of a quorum in
the Committee of the Whole, the recent practice is to call the roll
twice, as in the House. Volume VI, section 668.
When the report of the absentees by the Committee of the Whole, after a
call of the roll, discloses a quorum of the committee but not of the
House, the Speaker nevertheless directs the committee to resume its
sitting. Volume IV, section 2970.
A Committee of the Whole finding itself without a quorum, and the roll
having been called, rose and made a report showing a quorum of the
committee but not of the House, whereupon the Speaker directed that the
committee resume its sitting. Volume IV, section 2971.
Early practice of the House on the failure of a quorum in Committee of
the Whole. Volume IV, sections 2977-2979.
No quorum being present when a vote is taken in the Committee of the
Whole, and the committee having risen before a quorum appeared, such
vote is invalid, and the question on which it was taken is pending when
the committee again resumes its session. Volume VI, section 676.
The Committee of the Whole having risen and reported that finding
itself without a quorum the roll was called under the rule and a quorum
had appeared, the Speaker declined to entertain a motion to adjourn,
and the committee resumed it sitting. Volume VI, section 673.
The Committee of the Whole, rising to report the lack of a quorum,
resumes its sitting upon the appearance of a quorum without intervening
motion or debate. Volume VI, section 672.
While the Committee of the Whole, rising to report the lack of a
quorum, resumes its sitting on the appearance of a quorum, the rule
does not so provide if a quorum fails to appear, and in such event a
quorum of the House is required. Volume VI, section 674.
(4) Speaker's Authority as to.
The Speaker can not review any matter in Committee of the Whole, not
even the failure of a quorum, unless it be mentioned in the report to
the House. Volume IV, section 4914.
The Speaker can not rule in regard to what occurs in Committee of the
Whole unless the point of order is reported to the House for decision.
Volume V, section 6987.
COMMITTEE OF THE WHOLE--Continued.
(4) Speaker's Authority as to--Continued.
The Speaker declines to entertain points of order as to conditions
alleged to have existed in Committee of the Whole when the report has
made no mention thereof. Volume V, sections 6932-6937.
(5) Chairman May Cause Galleries or Lobby to be Cleared.
The Chairman of the Committee of the Whole may cause the galleries or
lobby to be cleared in case of disturbance or disorderly conduct
therein. Volume IV, section 4704.
Before the power was given by rule it was decided that the Committee of
the Whole had no power to preserve order in the galleries. Volume V,
section 7303.
(6) Disorder in.--House May Punish for.
Although a breach of privilege occur in Committee of the Whole it yet
relates to the dignity of the House and is so treated. Volume II,
section 1657.
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 Volume V, section 5202.
Two Members having assaulted one another in Committee of the Whole
House declined to permit the committee to resume its sitting until a
committee to investigate the facts of the disorder had been appointed.
Volume II, section 1649.
Warm words and an assault having passed between two Members in
Committee of the Whole the House required them to apologize ``for
violating its privileges and offending its dignity.'' Volume II,
section 1648.
Members who had committed an assault in Committee of the Whole
apologized to the House, although the chairman of the committee had
made no report of the occurrence. Volume II, section 1652.
Two Members having assaulted one another in Committee of the Whole the
House appointed a committee of inquiry, although the two Members had
severally explained to the House and reconciled their quarrel. Volume
II, section 1651.
For an assault during debate in Committee of the Whole the House, after
expulsion had been suggested, exacted apologies from a Member. Volume
II, section 1650.
An apology of Members for an assault committed in Committee of the
Whole was not placed in the Journal. Volume II, section 1652.
A Committee of the Whole has directed its chairman to report, not only
the bill under consideration, but a resolution describing and proposing
action in relation to an alleged breach of privilege. Volume V, section
6986.
(7) Disorder in.--Speaker May Take the Chair to Restore Order.
Extreme disorder arising in the Committee of the Whole the Speaker may
take the chair, ``without order, to bring the House into order.''
Volume II, section 1348.
In 1838, in case of great disorder in Committee of the Whole, the
Speaker took the chair ``without order, to bring the House into
order.'' Volume II, section 1648.
In 1840 great disorder occurred in Committee of the Whole, whereupon
the Speaker, without order, took the chair and restored order. Volume
II, section 1649.
In 1844 the Speaker took the chair to quell disorder which has arisen
in Committee of the Whole, whereupon the chairman stated to the House
the facts as to the disorder. Volume II, section 1651.
In 1880 the Speaker took the chair to quell disorder in Committee of
the Whole, but, that being accomplished yielded the chair to the
chairman that the committee might rise in due form before the House
should adjourn. Volume II, section 1349.
A Member having defined the authority of the Chairman in Committee of
the Whole the latter directed the committee to rise, and after, the
Speaker had taken the chair, reported the occurrence to the House.
Volume II, section 1350.
COMMITTEE OF THE WHOLE--Continued.
(7) Disorder in.--Speaker May Take the Chair to Restore Order.--
Continued.
A Member having defied and insulted the Chairman of the Committee of
the Whole, the chairman left the chair and, on the chair being taken by
the Speaker, reported the facts to the House. Volume II, section 1653.
The Committee of the Whole having risen informally because of disorder
created by a Member, the Speaker directed the committee to resume its
sitting after the Member had explained and when no further action in
relation thereto was proposed. Volume II, section 1350.
An assault occurring between two Members in Committee of the Whole the
committee rose and the Speaker restored order before receiving the
report. Volume II, section 1652.
Two Members having created disorder in Committee of the Whole by an
encounter, the speaker took the chair and restored order, and the House
immediately referred the subject to a select committee. Volume II,
section 1650.
The Committee of the Whole having risen and reported that its
proceedings had been disturbed by disorder the Speaker restored order
and the committee resumed its sitting. Volume II, section 1351.
(8) Relations to the Congressional Record.
General leave to print may be granted only by the House, although in
Committee of the Whole a member by unanimous consent is sometimes given
leave to extend his remarks. Volume V, sections 7009, 7010.
General leave to print may be granted only by the House, although in
Committee of the Whole a Member, by unanimous consent, may be given
leave to extend his remarks. Volume III, section 3488.
The Committee of the Whole has no control over the Congressional
Record. Volume V, section 6986.
The Committee of the Whole, having no control over the Congressional
Record, reported to the House an alleged breach of privilege involved
in the reading of an anonymous letter in the committee and the House
struck the letter from the Record. Volume V, section 6986.
It is for the House and not for the chairman of the Committee of the
Whole to determine the privileges of a Member under general leave to
print in the Congressional Record. Volume V, section 6988.
Instance wherein a letter objected to in Committee of the Whole and
reported to the House having been withdrawn, the motion that it be
expunged from the Record was withdrawn. Volume III, section 2539.
While the Committee of the Whole does not control the Record the
chairman, in the preservation of order, may direct the exclusion of
disorderly words spoken by a Member after he has been called to order.
Volume V, section 6987.
(9) Subjects Requiring Consideration in.--The Rule and Its Application.
All propositions involving a tax or charge on the people are considered
in Committee of the Whole. Volume IV, section 4792.
All appropriations of public moneys or property, and propositions to
release any liability to the United Sates or refer any claim to the
Court of Claims, are considered in Committee of the Whole. Volume IV,
section 4792.
To require consideration in Committee of the Whole a bill must show on
its face that it involves an expenditure of money, property, etc.
Volume IV, sections 4811-4817.
In passing upon the question as to whether a legislative proposition
involves a charge upon the Treasury the Speaker is confined to the
provisions of the text and may not take into consideration personal
knowledge not directly deducible therefrom. Volume III, section 2386.
COMMITTEE OF THE WHOLE--Continued.
(9) Subjects Requiring Consideration in.--The Rule and Its
Application--Continued.
In determining whether a bill comes within the purview of the rule
requiring consideration in Committee of the Whole the Speaker is
restricted to the provisions of the bill itself and may not take into
consideration information derived from other sources. Volume III,
section 2391.
It was decided early in the history of the House that a bill requiring
an appropriation to be made should be considered in Committee of the
Whole as if actually making the appropriation. Volume IV, section 4824.
The requirement as to consideration in Committee of the Whole applies
to amendments as well as to bills. Volume IV, sections 4793, 4794.
A bill must be considered in Committee of the Whole, even though the
portion requiring an appropriation be merely incidental to the main
purpose of the bill. Volume IV, section 4825.
A bill which sets in motion a train of circumstances destined
ultimately to involve certain expenditures must be considered in
Committee of the Whole. Volume IV, section 4827.
The requirement that a bill be considered in Committee of the Whole is
not waived by the fact that the standing committee having jurisdiction
has been discharged from consideration, and the bill is not on the
calendar. Volume II, section 1021.
When unanimous consent is given for consideration of a bill requiring
consideration in the Committee of the Whole the requirement is thereby
waived. Volume II, sections 788, 2151, volume III, section 2393.
The ruling holding that the giving of unanimous consent for
consideration of a measure waives requirement as to consideration in
Committee of the Whole was held not to apply to a bill not on the
Unanimous Consent Calendar. Volume III, section 2394.
(10) Subjects Requiring Consideration in.--Examples of.
A bill increasing the number of officers in a branch of the government
service should be considered in Committee of the Whole. Volume IV,
section 4847.
A bill creating a new office requires consideration in Committee of the
Whole. Volume IV, sections 4824, 4846.
A bill increasing the number of cadets in the Military Academy should
be considered in Committee of the Whole. Volume IV, section 4850.
A bill authorizing an undertaking by a governmental agency which will
incur an expense to the Government, however small, must be considered
in the Committee of the Whole. Volume III, section 2401.
A provision increasing the number of persons who would be entitled to
receive pensions should receive consideration in Committee of the
Whole. Volume IV, section 4849.
A provision for the distribution of rations among suflerers from a
flood requires consideration in Committee of the Whole. Volume IV,
section 4851.
Where the purpose of a bill is to raise revenue, even though that
purpose is affected indirectly the bill should be considered in
Committee of the Whole. Volume III, section 2399.
A bill increasing the rate of postage has been held to affect the
revenues and therefore to require consideration in Committee of the
Whole. Volume IV, section 4861.
A bill confirming a grant of public lands requires consideration in
Committee of the Whole. Volume IV, section 4843.
The grant to a railroad of easement on public lands or in streets
belonging to the United States is a subject requiring consideration in
Committee of the Whole. Volume IV, sections 4840-4842.
A bill extending the time of a railroad land grant is required under
the rule to be considered in Committee of the Whole. Volume IV, section
4839.
The dedication of public land to be forever used as a public park was
held to be such an appropriation of public property as would require
consideration in Committee of the Whole. Volume IV, sections 4837,
4838.
COMMITTEE OF THE WHOLE--Continued.
(10) Subjects Requiring Consideration in.--Examples of--Continued.
A bill authorizing the erection of a memorial on land belonging to the
Government requires consideration in Committee of the Whole. Volume
VIII, section 2405.
The granting of easements across military reservations is a subject
requiring consideration in the Committee of the Whole. Volume VIII,
section 2403.
Bills for surveys are prima facie authorization for expenditures and
require consideration in the Committee of the Whole. Volume VIII,
section 2408.
A bill incorporating land form the public domain in a Federal forest
reserve was held to require consideration in Committee of the Whole.
Volume VIII, section 2407.
A bill leasing Government property falls within the class of bills
requiring consideration in Committee of the Whole. Volume VIII, section
2399.
A bill authorizing cession of territory belonging to the United States
requires consideration in the Committee of the Whole. Volume VIII,
section 2404.
A provision placing liability on the United States and the District of
Columbia jointly was held to require consideration in Committee of the
Whole. Volume IV, section 4833.
A bill providing for payment of money into the Treasury, and also
making an appropriation of the same, requires consideration in
Committee of the Whole. Volume IV, section 4834.
Overruling the Speaker, at his invitation, the House decided that a
bill providing for the establishing of a national park and conferring
authority on the Secretary of the Interior to administer, protect, and
develop it, required consideration in the Committee of the Whole.
Volume VIII, section 2412.
A bill authorizing officials in certain contingencies to alienate
Government property was held to require consideration in the Committee
of the Whole. Volume VIII, section 2399.
A bill waiving a lien of the Government requires consideration in
Committee of the Whole. Volume VIII, section 2406.
A bill releasing a lien of the Government while increasing the security
of the Government's claim requires consideration in Committee of the
Whole and is properly referred to the Union Calendar. Volume VI,
section 746.
A bill authorizing a court to enter judgment against the United States
under certain contingencies was held to require consideration in the
Committee of the Whole. Volume VIII, section 2414.
Bills providing for the reapportionment of Representatives in Congress
have been referred to the Union Calendar. Volume VIII, section 2396.
(11) Subjects Requiring Consideration in.--Claims.
Bills for the adjudication and payment of claims require consideration
in Committee of the Whole. Volume VIII, section 2414.
Formerly a bill referring a claim to the Court of Claims did not
require consideration in Committee of the Whole, but a rule has changed
this practice. Volume IV, sections 3101-3104.
It was formerly held (before the change in section 3 of the Rule XXIII)
that a bill referring a claim to the Court of Claims did not require
consideration in the Committee of the Whole. Volume IV, section 4860.
Under the later practice bills for the adjudication and payment of
claims require consideration in Committee of the Whole. Volume IV,
sections 4856-4859.
A bill providing for the adjustment of a railroad's indebtedness to the
Government was held not to require consideration in Committee of the
Whole. Volume IV, section 3125.
(12) Subjects Requiring Consideration in.--Senate Amendments Proposing
Expenditures, etc.
Senate amendments to House bills must be considered in Committee of the
Whole if they be such as, originating in the House, would be subject to
that requirement. Volume IV, section 4796.
COMMITTEE OF THE WHOLE--Continued.
(12) Subjects Requiring Consideration in.--Senate Amendments Proposing
Expenditures, etc.--Continued.
A House bill messaged from the Senate with amendments requiring
consideration in Committee of the Whole goes to the Speaker's table,
and if not disposed of by unanimous consent is referred by the Speaker
to its appropriate committee. Volume VIII, section 3187.
While the rule requires the reference to the appropriate standing
committee of House bills returned with Senate amendments requiring
consideration in the Committee of the Whole, the usual practice is to
take such bills from the Speaker's table and send them to conference by
unanimous consent. Volume VI, section 732.
The fact that a House bill was considered in Committee of the Whole is
not taken into consideration in determining whether Senate amendments
thereto require consideration in the Committee of the Whole, but the
question as to whether a charge upon the Government is involved is
applied to each amendment received from the Senate. Volume VIII,
section 2381.
Where the question of requiring consideration in Committee of the Whole
was raised against a Senate amendment which on its face apparently
placed a charge upon the Treasury the Speaker held it devolved upon
those opposing the point of order to cite proof to the contrary. Volume
VIII, section 2387.
To require consideration in Committee of the Whole the text of Senate
amendments must indicate beyond a doubt a charge upon the Treasury.
Volume VIII, section 2386.
A Senate amendment which is a modification merely of a House
proposition, like the increase or decrease of the amount of an
appropriation or a mere legislative proposition and does not involve
new and distinct expenditure, is not required to be considered in
Committee of the Whole. Volume IV, section 4797-4806.
A House bill returned with Senate amendments involving a new matter of
appropriation, whether with or without a request for a conference, is
referred directly to a standing committee, and on being reported
therefrom is referred to the Committee of the Whole. Volume IV,
sections 3108-3110.
A Senate amendment being such as requires consideration in Committee of
the Whole the bill and amendment are referred directly from the
Speaker's table to the appropriate standing committee. Volume IV,
section 3090.
The point being made and sustained that a Senate amendment to a House
bill must be considered in Committee of the Whole the bill is referred
directly from the Speaker's table to the standing committee having
jurisdiction. Volume IV, sections 3094, 3095.
If a Senate bill be such as to require consideration in Committee of
the Whole it may not be taken from the Speaker's table for direct
action of the House. Volume IV, section 3101.
General discussion of rule requiring reference from the Speaker's table
to a standing committee of House bills returned with Senate amendments
such as require consideration in Committee of the Whole. Volume IV,
sections 3091-3093.
A House bill returned with Senate amendment requiring consideration in
the Committee of the Whole may not be called up for consideration but
is referred directly from the Speaker's table to the standing committee
having jurisdiction. Volume VI, section 731.
An amendment to a Senate amendment providing an appropriation for
another purpose than that of the Senate amendment requires
consideration in Committee of the Whole. Volume IV, section 4795.
A Senate amendment being under consideration and a proposition being
made to concur with an amendment requiring consideration in Committee
of the Whole, the entire bill goes to the Committee of the Whole,
although only the proposed amendment is considered. Volume IV, section
4808.
Amendments between the Houses once disagreed to do not, on the
rejection of a conference report, return to their former state so that
they may be required to go to Committee of the Whole. Volume V, section
6589.
COMMITTEE OF THE WHOLE--Continued.
(13) Subjects not Included in the Rule Sometimes Considered in.
The House may consider in Committee of the Whole subjects other than
those specified by the rule. Volume IV, section 4822.
Instance of the early practice of considering subjects in Committee of
the Whole irrespective of appropriations of money. Volume III, section
1984.
While conference reports were formerly considered in Committee of the
Whole they may not be sent there on suggestion of the point of order
that they contain matter ordinarily requiring consideration therein.
Volume V, sections 6559-6561.
In the early practice conference reports were considered in Committee
of the Whole. Volume V, sections 6311, 6416 (footnote), 6479.
Practice in considering and amending articles of impeachment in
Committee of the Whole. Volume III, section 2344.
The House considered the articles of impeachment of Judge Pickering in
committee of the Whole House. Volume III, section 2323.
The articles impeaching Justice Chase were considered article by
article in Committee of the Whole House. Volume III, section 2344.
The report favoring the impeachment of Judge Peck was committed to the
committee of the Whole House on the state of the Union. Volume III,
section 2365.
The article of impeachment against Judge Peck was considered in
Committee of the Whole before being agreed to by the House. Volume III,
section 2368.
After consideration in Committee of the Whole the House concurred in
the proposition to impeach Judge Peck. Volume III, section 2367.
The articles impeaching President Johnson were considered in Committee
of the Whole. Volume III, section 2415.
The articles of impeachment in Blount's case were considered by the
House and not by the Committee of the Whole Volume III, section 2300.
(14) Subjects not Considered in.--General Principles.
A bill that may incidentally involve expense to the government, but
does not require it, is not subject to the point of order that it may
be considered in Committee of the Whole. Volume IV, section 4810.
A bill which might involve a charge upon the Government, but does not
necessarily do so, need not go to the Calendar of a Committee of the
Whole. Volume IV, section 4809.
Where the expenditure is a mere matter of speculation the rule
requiring consideration in Committee of the Whole does not apply.
Volume IV, sections 4818-4821.
Where the expenditure is a mere matter of speculation the rule
requiring consideration in Committee of the Whole does not apply.
Volume VIII, section 2388.
A Senate amendment which is a modification merely of a House
proposition is not required to be considered in Committee of the Whole.
Volume VIII, section 2383.
A bill relating to money coming into the Treasury in trust for
specifically indicated purposes was held not to require consideration
in Committee of the Whole. Volume IV, section 4835.
A bill providing for an expenditure which is to be borne otherwise than
by the government is not required to be placed on a Calendar of the
Committee of the Whole. Volume IV, section 4831.
Instance of a ruling that a provision changing the manner of
expenditure of money already appropriated does not require
consideration in Committee of the Whole. Volume IV, section 4800.
The Senate no longer requires consideration of bills and joint
resolutions in the Committee of the whole. Volume VIII, section 2380.
(15) Subjects not Considered in.--When Made Special Orders. etc.
A bill being made a special order the requirement that it shall be
considered in Committee of the Whole is waived. Volume IV, sections
3217-3224.
COMMITTEE OF THE WHOLE--Continued.
(15) Subjects not Considered in.--When Made Special Orders, etc.--
Continued.
A special order providing for consideration of a bill the requirement
that it be considered in Committee of the Whole is waived. Volume IV,
section 3199.
When a bill in Committee of the Whole is made a special order for a
certain date without specifying as to consideration in Committee of the
Whole the effect of the order is to discharge the committee and bring
the bill into the House for consideration. Volume IV, section 3216.
The giving of unanimous consent for the consideration of a measure
waives any requirement as consideration in Committee of the Whole.
Volume IV, section 4823.
The rules being suspended to enable a bill to be reported and
considered the requirement that it should be considered in Committee of
the Whole was held to be thereby waived. Volume V, section 6861.
(16) Subjects not Considered in.--After Recommittal.
A bill which has been considered in Committee of the Whole, and then by
the House has been recommitted to a standing committee, is not, when
again reported to the House, necessarily subject to the point of order
that it must be considered in Committee of the Whole. Volume IV,
sections 4928, 4829.
A bill having been considered in Committee of the Whole, and the House,
pending a vote on the passage, having recommitted it with instructions
that it be reported ``forthwith'' with an amendment in the nature of a
substitute, it was held that the substitute did not require
consideration in Committee of the Whole. Volume V, sections 5545, 5546.
A bill which after consideration in Committee of the Whole is
recommitted with instructions to strike out a portion does not when
again reported require consideration in Committee of the Whole. Volume
V, section 5591.
(17) Subjects not Considered in.--Examples of.
Resolutions from the Committee on Accounts authorizing expenditures
from the contingent fund do not, according to the later rulings,
require consideration in Committee of the Whole. Volume IV, sections
4862-4867.
Resolutions from the committee on Accounts authorizing expenditures
from the contingent fund do not require consideration in committee of
the Whole. Volume VIII, section 2415.
Resolutions from committees other than the Committee on Accounts
authorizing expenditures from the contingent fund require consideration
in the Committee of the Whole. Volume VIII, section 2416.
A report from the Committee on Printing relating to printing for the
use of the two Houses does not require consideration in committee of
the Whole. Volume IV, section 4868.
A bill authorizing the issue of military equipment to a school does not
require consideration in Committee of the Whole. Volume IV, section
4852.
A bill reducing the hours of labor of letter carriers, but not by its
terms requiring an appropriation to be made, was held not to come
within the rule requiring consideration in Committee of the whole.
Volume IV, section 4826.
A bill authorizing the promotion of an officer to a higher grade does
not require consideration in Committee of the Whole. Volume IV, section
4848.
A provision authorizing payment of rewards from fines collected through
the Department of Justice was held not to require consideration in
Committee of the Whole. Volume VIII, section 2400.
A bill granting leave of absence to homesteaders was held not to come
within the rule requiring consideration in Committee of the Whole.
Volume VIII, section 2409.
The disposal of a privilege belonging to the government was held not to
be such an appropriation of public property as would require
consideration in Committee of the Whole. Volume IV, section 4832.
COMMITTEE OF THE WHOLE--Continued.
(17) Subjects not Considered in.--Example of--Continued.
A proposition to dispose of funds held as a trust under control of the
Government, but not the property of the Government, is not considered
in Committee of the Whole. Volume IV, section 4853.
A Senate amendment authorizing expenditures from a naval hospital fund
is not required to be considered in the Committee of the Whole. Volume
VIII, section 2382.
A bill providing for the investment of certain trust funds in the
Treasury was held not to require consideration in Committee of the
Whole. Volume IV, section 4836.
A bill authorizing payment of money held in the Treasury in trust for
Indians is not such a charge against the Treasury as to require
consideration in Committee of the Whole. Volume VII, section 870.
A bill providing that Indian funds held in trust in the Treasury should
draw interest was construed not to require consideration in Committee
of the Whole. Volume VIII, section 2413.
Indian lands have not been considered ``property'' of the Government
within the meaning of the rule requiring consideration in Committee of
the Whole. Volume IV, sections 4844, 4845.
2413. Indian lands have not been considered ``property'' of the
Government within the meaning of the rule requiring consideration in
Committee of the Whole. Volume VIII, section 2413.
Taxes relating to bank circulation have not been considered such ``tax
or charge upon the people'' as require consideration in Committee of
the Whole. Volume IV, sections 4854, 4855.
A resolution requesting the President to invite foreign nations to
participate in a national celebration was held not to require
consideration in the Committee of the Whole. Volume VIII, section 2398.
A bill providing for inquiry by the Court of Claims without conferring
authority to render final judgment does not require considerations in
the Committee of the Whole. Volume VII, section 870.
A joint resolution proposing an amendment to the Constitution is not
required to be placed on a calendar of the Committee of the Whole.
Volume VIII, section 2395.
A bill ratifying a tax by the Philippines Legislature was held not to
require consideration in the Committee of the Whole. Volume VIII,
section 2402.
A Senate amendment restricting the powers granted by a House bill to a
commission to refund foreign loans does not require consideration in
Committee of the Whole. Volume VIII, section 2383.
Provision for contingent hearings conducted by Cabinet members to
determine requirements for a bridge across navigable waters was held by
the House (overruling the Speaker) not to be sufficiently patent as a
charge upon the Government to require consideration in Committee of the
Whole. Volume VIII, section 2391.
(18) Investigations by.
The Speaker, the Chairman of the Committee of the Whole or any other
committee, or any Member may administer oaths to witnesses in any case
under examination. Volume III, section 1769.
A Committee of the Whole charged with an investigation in 1792 was
given the power to send for persons and papers. Volume III, section
1804.
Instance wherein testimony as to a difficulty between two Members was
heard in Committee of the Whole. Volume II, section 1642.
In the Blount impeachment case it was ruled that evidence should be
taken before the House and not before the Committee of the Whole.
Volume III, section 2294.
COMMITTEE OF THE WHOLE--Continued.
(19) House May Attend Impeachments in.--Instance of.
The Commons attend impeachment trials in Committee of the Whole or
otherwise, at discretion, and appoint managers to conduct proof. Volume
III, section 2027.
The House by a standing order determined to attend in Committee of the
Whole the trial of President Johnson. Volume III, section 2427.
The Senate having informed the House of its readiness to receive the
managers with the articles impeaching President Johnson, the House as
Committee of the Whole attended its managers to the Senate. Volume III,
section 2419.
The House in Committee of the Whole, on notice from the Senate,
attended on the return day of the summons to President Johnson. Volume
III, section 2424.
The House in Committee of the Whole attended in the Senate during the
voting on the final question in the Johnson trial. Volume III, section
2440.
The House determined to attend, as a Committee of the Whole, the
proceedings of the trial of Justice Chase. Volume III, section 2350.
Attendance of the House in Committee of the Whole at the ceremonies of
the beginning of Chase's trial. Volume III, section 2351.
The House attended the Peck trial as a Committee of the Whole House
(footnote). Volume III, section 2384.
On the day set for the appearance of Judge Humphreys the House in
Committee of the Whole House attended its managers. Volume III, section
2392.
Form of proceedings when the House attends an impeachment trial as
Committee of the Whole. Volume III, section 2351.
Forms observed by the House attending the Humphreys trials as a
Committee of the Whole (footnote). Volume III, section 2392.
Form of Journal entry describing the attendance of the House in
Committee of the Whole at the Peck trial. Volume III, section 2374.
(20) House May Attend Impeachments in.--Reports as to.
A report of the acquittal of Judge Peck was made in the House in the
report of the Chairman of the Committee of the Whole. Volume III,
section 2384.
The report to the House of the presentation of articles impeaching
President Johnson was made by the Chairman of the Committee of the
Whole. Volume III, section 2420.
The acquittal of President Johnson was announced in the House through
the report of the Chairman of the Committee of the Whole. Volume III,
section 2443.
The judgment of the court in the Humphreys trial was communicated to
the House by the report of the Chairman of the Committee of the Whole.
Volume III, section 2397.
Forms of reports made by a Chairman of a Committee of the Whole after
attending an impeachment trial (footnote). Volume III, section 2384.
Form of report of Chairman of the Committee of the Whole on returning
from the Humphreys trial. Volume III, section 2393.
The House may take official cognizance of a paper listened to by the
Committee of the Whole in attendance on an impeachment trial. Volume
III, section 2042.
(21) Points of Order.--In General.
Questions of order relating to procedure (as distinguished from cases
of disorder or contempt) arising in Committee of the Whole are decided
by the chairman, and the Speaker has declined to consider them. Volume
V, sections 6927, 6928.
Debate on an appeal in Committee of the Whole has been limited by the
committee itself, on motion put and carried, or by the committee rising
to enable the House to limit it. Volume V, sections 6947-6950.
In Committee of the Whole as well as in the House a Member may speak
but once on an appeal. Volume V, section 6951.
In an exceptional case, when an appeal was taken from a decision of a
Chairman in Committee of the Whole, the community rose and reported the
question of order for the decision of the House. Volume IV, section
4783.
COMMITTEE OF THE WHOLE--Continued.
(21) Points of Order.--In General--Continued.
An instance wherein the Committee of the Whole rose and reported a
question of order to the House for decision. Volume V, section 5955.
The Chairman of the Committee of the Whole having taken an active part
in the discussion of a point of order, the question was by unanimous
consent passed over to be later raised in the House. Volume VII,
section 1527.
A decision holding that a committee may not report a bill the subject
matter of which is not within its jurisdiction, and any item failling
to comply with this requirement in a bill otherwise in order is subject
to a point of order when the bill comes up for consideration in
Committee of the Whole. Volume VII, section 2102.
The erroneous reference of a private bill to a committee not entitled
to jurisdiction does not confer it, and a point of order is good when
the bill comes up for consideration either in the House or in the
Committee of the Whole. Volume VII, section 2132.
A point of order against the reference of a bill to the Private
Calendar is properly made after the bill is read and before
consideration begins the Committee of the Whole. Volume VIII, section
2373.
While a question as to jurisdiction of a committee over a public bill
is not in order in the Committee of the Whole, the question as to the
right of a committee to report a private bill may be raised at any time
prior to passage. Volume VII, section 2116, Volume VIII, section 2262.
The point of order that a motion is dilatory may be raised in the
Committee of the Whole as in the House. Volume VIII, section 2800.
(22) Points of Order.--Effect of Reserving, on Bills When Referred.
Committee of the Whole must report in its entirety a bill committed to
it unless the House by reservation of points of order sanctions the
striking out of portions against order. Volume V, sections 6921-6925.
Points of order are usually reserved when appropriation bills are
referred to the Committee of the Whole in order that portions in
violation of rule may be eliminated by raising points of order in
committee. Volume V, sections 6921-6925.
Points of order are usually reserved when appropriation bills are
referred to the Committee of the Whole in order that portions in
violation of rules may be eliminated by raising points of order in
committee. Volume VIII, section 3450.
Where points of order are reserved on an appropriation bill, a portion
not germane and not within the jurisdiction of the committee may be
stricken out on a point of order in Committee of the Whole. Volume IV,
section 4219.
Paragraphs ruled out in Committee of the Whole on points of order are
not reported to the House. Volume IV, section 4906.
(23) Points of Order.--During Consideration of Bills by Paragraphs.
A bill being considered under the five-minute rule, a point of order
against a paragraph should be made before the next paragraph is read.
Volume V, section 6931.
In Committee of the Whole points of order against the germaneness of a
section of a bill are made when the bill is read by sections. Volume V,
section 6929.
The reading of a bill by paragraphs being completed in Committee of the
Whole it was held to be too late to make a point of order in committee
against the title. Volume V, section 6930.
A point or order against a paragraph of a bill being read for amendment
under the five-minute rule comes too late after the reading or the
following paragraph. Volume VIII, section 2351.
A paragraph includes headings or subheadings and when stricken out on a
point of order carries with it such titles or subtitles. Volume VIII,
section 2353.
By offering a pro forma amendment in Committee of the Whole a Member
does not lose the right to insist on his pending point or order. Volume
V, section 6874.
COMMITTEE OF THE WHOLE--Continued.
(24) Points of Order.--When Not in Order.
The Chairman of the Committee of the Whole has declined to consider a
question of order arising in the House just before the committee began
to sit. Volume IV, sections 4725, 4726.
A committee having reported a public bill grouping together the
authorization of several distinct works, all within the jurisdiction of
the committee, it was held that no point or order could be sustained
when the bill came up in Committee of the Whole. Volume IV, sections
4656, 4657.
A committee having reported a private bill grouping together a series
of claims, each belonging to the jurisdiction of the committee, it was
held that no point of order could be sustained when the bill came up in
Committee of the Whole. Volume IV, section 4784.
A public bill having been reported by a committee, and being under
consideration in Committee of the Whole, it was held that the question
of jurisdiction might not then be considered. Volume IV, section 4372.
A public bill having been reported by a committee and being under
consideration in Committee of the Whole, it was held that the question
of jurisdiction might not then be considered. Volume VII, section 2112.
After a public bill is under consideration in the Committee of the
Whole it is too late to raise a question as to the jurisdiction of the
committee reporting it. Volume VII, section 2114.
A resolution authorizing the offering of an amendment otherwise not in
order during consideration of a bill pending in Committee of the Whole
was held to be privileged when reported by the Committee on Rules.
Volume VIII, section 2258.
Forum of special order authorizing consideration of a bill in Committee
of the Whole without intervention of points or order either against
provisions of the original bill or certain amendments recommended by
the committee reporting the bill. Volume VII, section 832.
(25) Motions to Go Into.--In General
A motion to go into Committee of the Whole is not debatable. Volume IV,
sections 3062, 3063.
The motion to resolve into the Committee of the Whole is not debatable.
Volume VI, section 716.
The motion to resolve into Committee of the Whole is not subject to
amendment. Volume VI, section 725.
The motion to resolve into Committee of the Whole to consider a
privileged bill is not amendable. Volume VI, sections 52, 724.
The motion to go into the Committee of the Whole to consider a general
appropriation bill may not be amended by a nonprivileged proposition.
Volume VI, section 723.
The motion to go into the Committee of the Whole may not be laid on the
table or indefinitely postponed. Volume VI, section 726.
A motion to go into Committee of the Whole to consider a bill being
made the House expresses its wish as to consideration by this motion
and not be raising the question of consideration. Volume V, sections
4973-4976.
The motion to go into Committee of the Whole to consider a bill being
made, the House expresses its wish as to consideration by passing on
this motion, and not by raising the question of consideration. Volume
VI, section 51.
The question of consideration may not be raised against a motion to
resolve into the Committee of the Whole. Volume VIII, section 2442.
Instance wherein the Chair admitted a motion to reconsider an
affirmative vote on the motion that the House resolve itself into
Committee of the Whole. Volume V, section 5368.
A motion to go into Committee of the Whole, when decided in the
negative, may not be reconsidered. Volume V, section 5641.
COMMITTEE OF THE WHOLE--Continued.
(25) Motions to Go Into.--In General--Continued.
Under the latest decision the motion to adjourn may not be made after
the House has voted to go into Committee of the Whole and the Speaker
has announced the result. Volume V, sections 5367, 5368.
The House having voted to resolve itself into Committee of the Whole
the Chair declined to entertain a motion to adjourn, but did entertain
an appeal from his decision. Volume IV, section 4728.
A request for unanimous consent may not be entertained after the House
has voted to go into Committee of the Whole. Volume IV, section 4727.
A report from the Committee on Rules, though highly privileged, is not
in order after the House has voted to go into Committee of the Whole.
Volume V, section 6781.
By refusing to go into Committee of the Whole to consider a bill which
has been made a special order for consideration therein the House may
then consider business prescribed by the regular order. Volume IV,
section 3088.
The motion to go into Committee of the Whole to consider revenue and
general appropriation bills is in order on Monday as on other days.
Volume VII, section 876.
The House may dispense with business in order under the rule by voting
affirmatively on a privileged motion to resolve into Committee of the
Whole to consider general appropriation or revenue bills. Volume VII,
section 853.
Under the requirements of a special order the Speaker declares the
House resolved into Committee of the Whole without action of the House
itself at the time. Volume IV, section 3214.
(26) Motions to Go Into.--Privileged.
The motion to go into Committee of the Whole House on the state of the
Union to consider a revenue or general appropriation bill may, when
authorized by a committee, be made at any time after the Journal is
read. Volume IV, section 3072.
The House (overruling the Speaker) held the motion discharging a
committee from the consideration of a bill to be of higher privilege on
suspension day than the motion to resolve into Committee of the Whole
for the consideration of revenue or appropriation bills. Volume VII,
section 1016.
A motion to go into the Committee of the Whole House on the state of
the Union to consider an apportionment bill was formerly held to take
precedence over the motion to go into the committee to consider a
general appropriation bill. Volume VI, section 52.
A resolution accepting the organization of the House is privileged, and
takes precedence of a motion that the House resolve itself into the
Committee of the Whole to consider a revenue bill. Volume VI, section
3.
A motion to go into executive session is in order when any Member shall
inform the House that he has communications which he believes should be
considered in confidence, and takes precedence of a motion to resolve
into the Committee of the Whole for the consideration of an
appropriation. Volume VIII, section 3630.
The motion to go into the Committee of the Whole for the consideration
of revenue or appropriation bills is not in order on Wednesday. Volume
VII, section 9904.
The motion to go into Committee of the Whole House on the state of the
Union to consider revenue or appropriation bills may designate the
particular bill to be considered. Volume IV, section 3074.
Motions to go into Committee of the Whole to consider the various
general appropriation bills are of equal privilege, and will be put in
the order in which recognition is secured. Volume VI, section 722.
A motion to go into Committee of the Whole House on the state of the
Union is most highly privileged only for revenue and appropriation
bills. Volume IV, section 3073.
The motion to go into Committee of the Whole to consider general
appropriation bills has precedence on Monday of a motion to go into
Committee of the Whole to consider a bill reported by the Committee on
the District of Columbia. Volume VI, sections 716, 717.
COMMITTEE OF THE WHOLE--Continued.
(26) Motions to Go Into.--Privileged--Continued.
The motion to go into the Committee of the Whole to consider revenue
bills has precedence on Monday of a motion to go into the Committee of
the Whole to consider a bill reported by the Committee on the District
of Columbia. Volume VI, section 718.
The motion to go into Committee of the Whole to consider general
appropriation bills has precedence on Friday of a motion to go into
Committee of the Whole to consider the Private Calendar. Volume VI,
section 719.
The motion to go into the Committee of the Whole to consider general
appropriation bills on Friday takes precedence of a motion to go into
the Committee of the Whole to consider the Private Calendar only when
authorized by the committee having jurisdiction. Volume VI, section
721.
The motion to go into Committee of the Whole to consider revenue bills
and the motion to do the same to consider general appropriation bills
are of equal privilege. Volume IV, sections 3075, 3076.
A motion to go into Committee of the Whole to consider general
appropriation bills is in order Friday as on other days. Volume IV,
section 3081.
The motion to go into Committee of the Whole to consider general
appropriation bills has precedence on a Friday of a motion to go into
Committee of the Whole to consider the Private Calendar. Volume IV,
sections 3082-3085.
The privileged motion to go into Committee of the Whole to consider
revenue or appropriation bills may be made on a ``suspension day'' as
on other days. Volume IV, section 3080.
On a District of Columbia day a motion to go into the Committee of the
Whole to consider District business and a motion to go into the
Committee to consider business generally privileged under a special
order are of equal privilege, and recognition to move either is within
the discretion of the Chair. Volume VII, section 877.
Under a former condition of rule it was held that a motion to go into
Committee of the Whole to consider a general appropriation bill was not
privileged as against business in order on District of Columbia day.
Volume IV, section 3305.
A motion to go into Committee of the Whole to consider a specified bill
is privileged when the bill has been reported by a committee under its
leave to report at any time. Volume IV, section 3086.
The motion to resolve into Committee of the Whole to consider a
privileged bill is not amendable or debatable. Volume IV, sections
3078, 3079.
The motion to go into Committee of the Whole to consider a general
appropriation bill may not be amended by a nonprivileged proposition,
and the previous question may not be demanded on it. Volume IV, section
3077.
A motion that the House resolve itself into Committee of the Whole, or
a demand that the House return to committee, may not take precedence of
a motion to reconsider. Volume IV, section 3087.
A question of privilege takes precedence of a motion to resolve into
the Committee of the Whole. Volume VIII, section 3461.
A question of personal privilege takes precedence over matters merely
privileged under the rules and is in order following the adoption of a
resolution granting privilege to motions to resolve into Committee of
the Whole. Volume VI, section 557.
After the House had voted to resolve into the Committee of the Whole
the Speaker entertained a question of personal privilege. Volume VIII,
section 3465.
A bill on which the previous question had been ordered at adjournment
on Wednesday was taken up as the unfinished business on Thursday and
took precedence of a motion to go into the Committee of the Whole for
the consideration of a bill privileged by special order. Volume VIII,
section 2674.
COMMITTEE OF THE WHOLE--Continued.
(26) Motions to Go Into.--privileged--Continued.
The call of the Consent Calendar on days devoted to its consideration
by the rules takes precedence of the motion to go into Committee of the
Whole to consider revenue or appropriation bills. Volume VII, section
986.
Privileged motions to change the reference of public bills have
precedence of motions to go into Committee of the Whole to consider
general appropriation bills. Volume VII, section 2124.
Consideration of a conference report has precedence of a motion to go
into the Committee of the Whole for the consideration of a general
appropriation bill. Volume VIII, section 3291.
(27) Motions to Go Into.--To Consider Private Business.
Each Friday after the unfinished business is disposed of the motion to
go into Committee of the Whole House to consider business on the
Private Calendar is in order. Volume IV, section 3267.
On a Friday devoted to private business the unfinished private business
must be considered before a motion to go into Committee of the Whole
House is in order. Volume IV, sections 3276-3280.
The motion to go into Committee of the Whole House to consider business
on the Private Calendar being decided in the negative may not be
repeated on the same day. Volume IV, section 3275.
The motion to go into the Committee of the Whole to consider general
appropriation bills on Friday takes precedence of a motion to go into
the Committee of the Whole to consider the private Calendar only when
authorized by the committee having jurisdiction. Volume VI, section
721.
The motion to go into Committee of the Whole to consider general
appropriation bills has precedence on Friday of a motion to go into
Committee of the Whole to consider the Private Calendar. Volume VI,
section 719.
The motion to go into Committee of the Whole House on the state of the
Union to consider a bill other than a revenue or general appropriation
bill is not privileged on Friday as against private business. Volume
IV, sections 3273, 3274.
The motion to go into Committee of the Whole House to consider business
on the private Calendar may not include a designation of the bills to
be considered by the committee. Volume IV, sections 3268, 3269.
If the House on a Friday votes down a motion to go into Committee of
the Whole House to consider the Private Calendar public business is
then in order as on other days. Volume IV, section 3267.
On Saturday of each week it is in order to move to resolve into the
Committee of the Whole House to consider business on the Private
Calendar. Volume VII, section 846.
(28) Motions to Go Into.--After the Morning Hour to Consider
Nonprivileged Bills.
At the end of the hour of the call of committees the House may, on
motion, resolve itself into Committee of the Whole House on the State
of the union one or several times, Volume IV, section 3137.
Conditions under which motions may be made to go into Committee of the
Whole House on the state of the Union to consider nonprivileged bills.
Volume IV, section 3134.
It is not in order before the expiration of sixty minutes of the call
of committee to move to go into Committee of the Whole House on the
state of the Union to consider a bill that is not privileged. Volume
IV, section 3141.
The motion to go into Committee of the Whole House on the state of the
Union may be made after sixty minutes of morning hour or sooner if that
order fails. Volume IV, section 3135.
The motion to go into Committee of the Whole House on the state of the
Union, under section 5 of Rule XXIV, may be repeated, although the
committee may have risen after having considered a bill under that
order of business. Volume IV, section 3136.
COMMITTEE OF THE WHOLE--Continued.
(28) Motions to Go Into.--After the Morning Hour to Consider
Nonprivileged Bills--Cont.
An instance wherein the House, by recess, remained for two calendar
days at the state of business wherein the motion under Rule XXIV,
section 5, was in order. Volume IV, section 3135.
The motion to go into Committee of the Whole House on the state of the
Union to consider a particular bill must be authorized by a committee,
but the individual Member may move to go in generally. Volume IV,
section 3138.
The motion to go into Committee of the Whole to consider a particular
bill after a call of committees may be amended only substituting
another bill on the Union Calendar. Volume IV, section 3139.
When, by authority of a committee, a motion is made to go into
Committee of the Whole House on the state of the Union to consider a
particular bill (not a revenue or appropriation bill) an amendment
designating another bill may be offered by a Member individually.
Volume IV, section 3140.
The amendment referred to in section 5 of Rule XXIV does not refer to
motions to take up bills after the House has gone into Committee of the
Whole. Volume IV, section 3138.
The call of committees may be interrupted at the end of sixty minutes
by a privileged report as well as by a motion to go into Committee of
the Whole. Volume IV, sections 3131, 3132.
(29) Special Orders for Consideration in.
Form of special order resolving the House automatically into the
Committee of the Whole for the consideration of a bill. Volume VII,
section 806.
Form of special order making it in order to consider in the Committee
of the Whole a bill on the House Calendar. Volume VII, section 811.
Form of special order for consideration of a bill in Committee of the
Whole and in the House, with provisions for daily recess and evening
sessions. Volume VII, section 816.
Form of special order for resolving automatically into Committee of the
Whole for consideration of a bill with the usual provisions as to limit
and control of debate. Volume VII, section 805.
Form of special order authorizing motion to resolve into Committee of
the Whole for the consideration of a bill with the usual provisions,
for limitations on debate, control of time, and disposition in the
House. Volume VII, section 797.
Form of special order for the consideration, successively, of a number
of bills in designated order in Committee of the Whole and in the
House, excepting days set apart by the rules for certain classes of
business and providing against interference with other business
privileged under the rules. Volume VII, section 817.
Form of special order for considering a bill in Committee of the Whole,
with clause exempting provisions from points of order. Volume VII,
section 813.
Form of special order authorizing the motion to resolve into Committee
of the Whole for consideration of a bill, with provision for
termination of consideration on a day certain. Volume VII, section 812.
Forms of special order for considering in the Committee of the Whole
and in the House, within certain limits of time, a general tariff bill.
Volume VII, section 829.
Form of special order providing for the consideration, within certain
limits of time, of a substitute in lieu of a pending bill, in the
Committee of the Whole in the House. Volume VII, section 810.
Form of special order providing for the consideration successively of
certain joint resolutions in Committee of the Whole. Volume VII,
section 815.
Form of special order for consideration of a resolution and report
thereon in Committee of the Whole with provision for vote on a
substitute. Volume VII, section 802.
Form of special order for consideration of a House bill with provision
for substitution of Senate bill in Committee of the Whole. Volume VII,
section 843.
COMMITTEE OF THE WHOLE--Continued.
(29) Special Orders for Consideration in--Continued.
Form of special order for taking Senate bill from Speaker's table and
considering House bill in lieu thereof in Committee of the Whole.
Volume VII, section 800.
Form of special order for considering a Senate bill in the Committee of
the Whole making in order House committee amendments and providing for
separate vote on each. Volume VII, section 799.
Form of special order discharging committee from consideration of House
bill with Senate amendments and providing for consideration in
Committee of the Whole. Volume VII, section 819.
Form of special order authorizing a motion to consider Senate
amendments in Committee of the Whole. Volume VII, section 825.
When a special order provides for resolving into the Committee of the
Whole, the House resolves automatically on announcement by the Speaker
and without motion from the floor. Volume VII, sections 783, 791, 794.
Under a special order that the House immediately resolve into Committee
of the Whole, the House resolves into the committee automatically and
the consideration of other business is not in order. Volume VII,
section 790.
Under a special order providing that the House shall resolve into
Committee of the Whole, the House resolves automatically, and a motion
to go into committee is not in order. Volume VII, section 789.
Under a special order providing for consideration in Committee of the
Whole, the House automatically resolves into the committee after voting
on a motion to close debate for which the committee has risen. Volume
VII, section 765.
The privilege conferred on a bill by a special rule making in order a
motion to resolve into the Committee of the Whole for its consideration
is equivalent to that enjoyed by revenue and appropriation bills under
clause 9 of Rule XVI. Volume VIII, section 2259.
(30) On Calendar Wednesday.
On Calendar Wednesday the House resolves into the Committee of the
Whole automatically for the consideration of bills called up by
committees, and the question of consideration is properly raised in the
committee and not in the House. Volume VI, section 748.
The question of consideration against a bill being decided in the
affirmative on Calendar Wednesday, the House automatically resolves
into the Committee of the Whole, and no intervening business, as the
motion to adjourn or questions of privilege, are in order. Volume VIII,
section 2446.
When a bill on the Union Calendar is called up on Calendar Wednesday
the House automatically resolves into the Committee of the Whole House
on the state of the Union without motion from the floor. Volume VII,
section 939.
A point of order having been sustained against a provision of a bill
called up on Calendar Wednesday, the House automatically resolved into
the Committee of the Whole for consideration of the bill with the
offending clause eliminated. Volume VII, section 2154.
A point of order that a bill called up on Calendar Wednesday from the
House Calendar belongs on the Union Calendar being sustained, the
Speaker transferred the bill to the latter calendar and the House
automatically resolved itself into the Committee of the Whole for its
consideration. Volume VIII, section 2406.
It is in order on Calendar Wednesday to raise the question of
consideration against a Union Calendar bill when called up for
consideration in the House and before resolving into the Committee of
the Whole. Volume VIII, section 2146.
The modern practice is to raise the question of consideration on
Calendar Wednesday in the House, as on other days, and if decided in
the affirmative the House resolves automatically into the Committee of
the Whole. Volume VII, section 952.
The question of consideration is admitted in the Committee of the Whole
on Calendar Wednesday. Volume VIII, section 2444.
COMMITTEE OF THE WHOLE--Continued.
(30) On Calendar Wednesday--Continued.
The question of consideration is in order in Committee of the Whole on
Wednesday only, but if reported to the House, the recommendation of the
committee is then subject to approval or rejection, and, if rejected,
the House automatically resolves into the committee for further
consideration of the measure. Volume VII, section 951.
A specific method being provided for dispensing with proceedings in
order on Calendar Wednesday, the Chairman of the Committee of the Whole
has declined to entertain requests for unanimous consent to dispense
with minor provisions of the rules. Volume VII, section 964.
When a Union Calendar bill comes up as the unfinished business on
Calendar Wednesday the House automatically resolves into the Committee
of the Whole and debate is resumed from the point at which it was
discontinued on the previous Wednesday. Volume VII, section 966.
On rejection by the House of a recommendation by Committee of the Whole
for peremptory disposition of a bill under consideration on Calendar
Wednesday, the House automatically resolves into the Committee for its
further consideration. Volume VII, section 943.
(31) Order of Business in.--General Principles of.
When the House agrees to the privileged motion to go into Committee of
the Whole to consider a particular revenue or appropriation bill the
Committee of the Whole may not consider a different bill. Volume IV,
section 4734.
Except in cases wherein the rules make specific provision therefor a
motion is not in order in the House to fix the order in which business
shall be taken up on the Calendars of the Committee of the Whole.
Volume IV, section 4733.
Unprivileged business on the Calendars of the Committee of the Whole is
taken up in the calendar order or in such order as may be determined in
the Committee. Volume IV, section 4729.
In the Committee of the Whole House business on its Calendar is taken
up in regular order unless the committee or the House before resolving
into the committee otherwise determine. Volume VIII, section 2331,
2332.
The Committee of the Whole may, on motion put and carried, determine an
order for taking up the business on its Calendar. Volume IV, section
4730.
The Committee of the Whole House determines the order in which it will
consider bills on its Calendar. Volume VIII, section 2865.
A motion in the Committee of the Whole House to take up for
consideration a designated bill is not subject to amendment and is not
debatable. Volume VIII, section 2865.
The motion to take up a bill out of its order in the consideration of
business on the Private Calendar is not debatable and may not be
amended. Volume VIII, sections 2331, 2333.
In the Committee of the Whole House the chairman of the standing
committee reporting business in order on the current day is entitled to
prior recognition to offer motions relative to the order of business,
but such motions being rejected, the right to recognition passes to the
leading Member in opposition. Volume VIII, section 2865.
In considering bills on the Calendar of the Committee of the Whole
House it is in order, on a motion made and carried, to take up a bill
out of its order. Volume IV, sections 4731, 4732.
The Committee 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. Volume IV, section 4765.
The House at the end of the morning hour having gone into Committee of
the Whole generally the Committee may determine the order of
considering business on its Calendar. Volume IV, section 3138.
In considering the bills before a Committee of the Whole the unfinished
business is usually first in order. Volume IV, section 4735.
COMMITTEE OF THE WHOLE--Continued.
(31) Order of Business in.--General Principles of--Continued.
When the House resolves itself into the Committee of the Whole House on
the state of the Union for the consideration of a bill on which reading
for amendment was begun on a previous day the regular order is the
reading of the bill and may be dispensed with by unanimous consent
only. Volume VIII, section 2336.
When the House resolves into the Committee of the Whole House for the
consideration of bills on the Private Calendar, a bill unfinished at
adjournment on a previous day takes precedence of other bills on the
Private Calendar. Volume VII, section 855.
A bill unfinished at a session of the Committee of the Whole House on
the state of the Union, held under section 5 of Rule XXIV, is again in
order when the House goes into Committee of the Whole to consider it
under that rule. Volume IV, section 4736.
When the House disagrees to the recommendation of the Committee of the
Whole that the enacting words of a bill be stricken out, the bill goes
back to the Calendar of the Committee of the Whole as unfinished
business. Volume V, sections 5345, 5346.
The motion to report a bill with a favorable recommendation being
decided in the negative in Committee of the Whole, the bill remains in
its place on the Calendar. Volume IV, sections 4779-4781.
In Committee of the Whole a rule of procedure prescribed by the House
may not be set aside. Volume IV, section 4713.
The Committee of the Whole has no authority to modify an order of the
House. Volume IV, section 4712.
(32) Order of Business in.--Use of Special Orders to Determine.
Form of special order for considering a class of bills in Committee of
the Whole with a limit of debate for each bill. Volume IV, section
3237.
Form of special order providing for the consideration of two distinct
bills successively, either in the House alone or in Committee of the
Whole. Volume IV, sections 3254-3257.
Form of special order for considering a bill in Committee of the Whole
with provisions for a report and action in the House at a certain time.
Volume IV, sections 3238-3241.
Forms of special order for considering in Committee of the Whole and in
the House, within certain limits of time, a general tariff bill. Volume
IV, sections 3258, 3259.
Form of special order for consideration of an omnibus claims bill in
the House and in Committee of the Whole with arrangement for purging
the bill of unauthorized items. Volume IV, section 3251.
Form of special order limiting the time of consideration of a bill in
Committee of the Whole and in the House. Volume IV, section 3229.
(33) Debate in.--The Motion to Close General Debate.
The motion to close general debate in Committee of the Whole is made
pending the motion that the House resolve itself into committee, and
though not debatable the previous question is sometimes asked to
prevent attempts at amendment of the motion. Volume V, section 5203.
The motion to close general debate in the Committee of the Whole is
made in the House and is not in order until debate has begun in the
committee. Volume VIII, section 2554.
Debate in Committee of the Whole may be closed by order of the House at
any time after debate has begun in the committee, regardless of whether
the opposition has occupied time in debate. Volume VIII, section 2548.
A motion to close debate in the Committee of the Whole is in order at
any time after debate has begun and may propose to close debate
instanter or at the expiration of any designated time. Volume VIII,
section 2572.
The previous question may be applied to the nondebatable motion to
limit general debate in Committee of the Whole in order to prevent
amendment. Volume V, section 5473.
A motion to limit general debate in Committee of the Whole is not in
order in the House until after such debate has begun. Volume V,
sections 5204-5206.
COMMITTEE OF THE WHOLE--Continued.
(33) Debate in.--The Motion to Close General Debate--Continued.
The motion in the House to limit general debate on a bill in Committee
of the Whole must apply to the whole and not a part of the bill. Volume
V, section 5207.
The rule for closing general debate in Committee of the Whole applies
to messages of the President as well as bills, and may be applied to a
particular portion of a message. Volume V, section 5218.
After the vote has been taken on the motion to go into Committee of the
Whole it is too late to offer a motion to close general debate in the
Committee of the Whole. Volume V, section 5208.
General debate in Committee of the Whole may not be limited on a series
of bills by one motion. Volume V, section 5209.
Time for debate having been fixed by the House, the Committee of the
Whole may not, even by unanimous consent, extend it. Volume VIII,
section 2321.
(34) Debate in.--Present Form of Motion to Close General Debate, and
Early Practice.
Form of motion made in the House to limit general debate in Committee
of the Whole (footnote). Volume V, section 5207.
The early method of closing general debate in Committee of the Whole.
Volume V, section 5205.
Form of the resolution by which general debate was closed in Committee
of the Whole in former years. Volume V, section 6738.
Illustration of the early method of closing general debate in Committee
of the Whole. Volume V, section 6820.
In the early days of the House the times for general debate and
amendment in Committee of the Whole were not so rigidly fixed as at
present. Volume IV, section 4760.
(35) Debate in.--Practice as to Closing General Debate.
The rules contemplate that general debate in Committee of the Whole
shall be closed by order of the House before amendments may be offered.
Volume V, section 5221.
The House having fixed the time when general debate in Committee of the
Whole shall cease, the committee may not extend it, even by unanimous
consent. Volume V, sections 5212-5216.
The motion to close general debate may not be made in Committee of the
Whole. Volume V, section 5217.
In Committee of the Whole no Member desiring to participate in general
debate the reading of the bill for amendment begins. Volume IV, section
4745.
In Committee of the Whole amendments are not in order until general
debate has been closed. Volume IV, section 4744.
The time occupied in reading a bill in Committee of the Whole does not
come out of the time allowed for general debate. Volume V, section
5220.
General debate in Committee of the Whole is not necessarily closed by
failure of those entitled to the floor to proceed in debate. Volume V,
section 5219.
In the absence of a rule by the House itself the Committee of the Whole
may, by unanimous consent, permit general debate during consideration
of the bill for amendment. Volume V, section 5232.
(36) Debate in.--The Five-Minute Debate.
The rule governing the five-minute debate on amendments in Committee of
the Whole. Volume V, section 5221.
During the five-minute debate recognitions are not necessarily
alternated between the political divisions of the House, but are
governed by conditions relating to the pending question. Volume V,
section 5223.
A Member who has occupied five minutes on a pro forma amendment may
not, by making another pro forma amendment, lengthen his time. Volume
V, section 5222.
COMMITTEE OF THE WHOLE--Continued.
(36) Debate in.--The Five-Minute Debate--Continued.
The Committee of the Whole may, after the five-minute debate has begun,
close debate on the section, paragraph, or pending amendments; but this
does not preclude further amendments. Volume V, section 5224.
A motion to close debate under the five-minute rule is not in order
until such debate has begun. Volume V, section 5225.
A motion to close debate in Committee of the Whole is in order at any
time after the five-minute debate begins and is not precluded because
there has been no debate in opposition to the pending amendment. Volume
VIII, section 2578.
The Committee of the Whole may, after five-minute debate has begun,
close debate on the section, paragraph, or pending amendments, but this
does not preclude further amendment. Volume VIII, section 2566.
The five-minute debate may be closed after one speech of five minutes.
Volume V, section 5226.
The motion to close the five-minute debate, while not debatable, is
amendable. Volume V, section 5227.
The closing of debate on the last section of a bill considered under
the five-minute rule does not preclude debate on a substitute for the
whole text of the bill. Volume V, section 5228.
The right to limit debate on the pending section of a bill pending in
the Committee of the Whole under the five-minute rule may be exercised
by the House as well as by the Committee of the Whole. Volume V,
section 5229.
A motion is not in order in the House to close debate on a paragraph of
a bill in Committee of the Whole until such debate has begun. Volume V,
section 5231.
An exceptional instance wherein the House closed the five-minute debate
on a section of a bill in Committee of the Whole before all of the
section had been read for amendment. Volume V, section 5230.
When time for debate under the five-minute rule is limited in Committee
for the Whole without provision for its control, the Chairman divides
the time, where practicable, between those favoring and those opposing
the proposition. Volume VIII, section 2558.
An order having been adopted by the Committee of the Whole closing all
debate on a section, the chairman declined to entertain request for
unanimous consent to amend the order. Volume VIII, section 2589.
The committee having voted to close debate at a stated hour the Chair
announces the close of debate at that time notwithstanding intervening
time has been consumed without debate. Volume VIII, section 2325.
Debate on an appeal in the Committee of the Whole is under the 5-minute
rule subject to the will of the committee. Volume VII, section 1608.
Volume VIII, sections 2347, 2375, 2556, 3453-3455.
(37) Debate in.--Confining the Member to the Subject.
It is the rule, well established in the practice of the House for many
years, that the Member need not confine himself to the subject during
general debate in the Committee of the Whole House on the state of the
Union. Volume V, sections 5233-5238.
The Member is not required to confine himself to the subject, and the
widest latitude is permitted in general debate in the Committee of the
Whole House on the state of the Union. Volume VIII, section 2590.
In general debate in Committee of the Whole House the Member must
confine himself to the subject. Volume V, section 5239.
General debate in Committee of the Whole House is confined to the
subject. Volume VIII, section 2590.
In debate under the five-minute rule the Member must confine himself to
the subject. Volume V, sections 5240-5256.
COMMITTEE OF THE WHOLE--Continued.
(38) Debate in.--Unparliamentary Language.
When a Member is called to order for words spoken in debate in
Committee of the Whole the Chairman is without discretion and is
constrained to recognize for that purpose. Volume VIII, section 2532.
It is the duty of the Chairman of the Committee of the Whole to call to
order a member violating the privileges of debate in criticism of the
Senate or its Members. Volume VIII, section 2515.
It is not within the province of the Chairman to decide on the
parliamentary character of words taken down on demand in Committee of
the Whole. Volume VIII, section 2533.
A Member persisting in irrelevant debate in Committee of the Whole
House on the state of the Union after being called to order by the
Chairman was required to relinquish the floor. Volume VIII, section
2594.
Disorderly words spoken in Committee of the Whole are to be taken down
as in the House, but are to be reported to the House, which alone may
punish. Volume II, section 1348.
Words taken down and read at the desk in Committee of the Whole are
again read from the desk when reported to the House. Volume VIII,
section 2538.
When the Committee of the Whole rises to report words objected to in
debate no business is in order until the language reported has been
read from the desk. Volume VIII, section 2538.
Action in the House on words taken down and reported from Committee of
the Whole is limited to the words reported. Volume VIII, section 2528.
Under the practice of the House it was held that the Committee of the
Whole might, at its option, take action on a point of order against
words spoken in debate or might rise and report them to the House.
Volume VIII, section 2497.
Unparliamentary words spoken in Committee of the Whole are taken down
and read, where-upon the committee rises and reports them to the House.
Volume II, sections 1257, 1258.
When a demand is made in Committee of the Whole that words spoken in
debate be taken down no further business is in order and the Committee
rises automatically to report to the House. Volume VIII, section 2533.
Unparliamentary language used in Committee of the Whole was taken down
and read at the Clerk's desk, and thereupon the committee voted to rise
and report it to the House. Volume II, section 1259.
When the Committee of the Whole reports to the House words taken down
on demand, the Speaker in passing on the question raised is restricted
to the words reported and may not take into consideration associated
language not reported by the committee. Volume VIII, section 2533.
The Committee of the Whole having reported language alleged to be
unparliamentary a resolution of censure was held to be in order without
a prior decision of the Speaker that the words were in fact out of
order. Volume II, section 1259.
Recognition by the Speaker to move that words reported from the
Committee of the Whole be expunged is tantamount to a decision holding
them unparliamentary. Volume VIII, section 2539.
Action by the House on words taken down and reported from the Committee
of the Whole is contingent on the Speaker's decision that a breach of
order is involved. Volume VIII, section 2528.
Words taken down and reported to the House by the Committee of the
Whole are summarily disposed of by a motion to strike from the Record
with a demand for the previous question on the motion. Volume VIII,
section 2538.
Members who had indulged in unparliamentary language in Committee of
the Whole escaped the censure of the House by making apologies. Volume
II, sections 1257, 1258.
COMMITTEE OF THE WHOLE-- Continued.
(38) Debate in.--Unparliamentary Language--Continued.
A Member may withdraw words objected to in debate in Committee of the
Whole by unanimous consent only. Volume VIII, section 2538.
For unparliamentary language in Committee of the Whole William D. Bynum
was censured by the House. Volume II, section 1259.
Immediately upon disposition of a report from the Committee of the
Whole of words taken down in debate the House automatically resolves
again into the Committee of the Whole for further consideration of the
measure under discussion. Volume VIII, section 2541.
A Member requesting that words spoken in debate in Committee of the
Whole be taken down may withdraw that request at any time before the
Committee rises to report to the House. Volume VIII, section 2532.
The rule prohibiting reference in debate to proceedings of a committee
not reported to the House applies to proceedings in Committee of the
Whole as well as in other committees. Volume VIII, section 2494.
Consideration of words reported to the House from Committee of the
Whole having been disposed of, either by decision of the Speaker
holding them in order or by action of the House if held
unparliamentary, the House resolves into the Committee of the Whole
automatically. Volume VIII, section 2539.
Language used by a Member in Committee of the Whole having been
expunged from the Record when reported to the House, the motion that he
be allowed to proceed in order is not entertained when the House again
resolves into the committee. Volume VIII, section 2538.
(39) Debate in.--In General.
The time for general debate having been fixed by the House, it is not
in order in Committee of the Whole to entertain a request for unanimous
consent for alteration of such order. Volume VIII, section 2550.
Following a roll call on resolving into Committee of the Whole
precipitated by a point of no quorum, and before the announcement of
the result, the Speaker may entertain a unanimous-consent request to
limit or control time for debate, but after the result of the vote has
been announced the House resolves at once into Committee of the Whole
and no request relating to time for debate or other intermediate
business is in order. Volume VI, section 665.
In the absence of an order by the House, the Committee of the Whole may
limit general debate by unanimous consent. Volume VIII, section 2553.
In the absence of an order by the House, the Committee of the Whole may
be unanimous consent divide the time allotted for general debate.
Volume VIII, section 2549.
The right to limit debate in the Committee of the Whole on the pending
section of a bill was held not to admit a motion to close debate on the
entire bill after the last section had been read. Volume VIII, section
2585.
The earlier practice as to the right to close debate permitted its
exercise after the time for terminating general debate in Committee of
the Whole as well as after the ordering of the previous question.
Volume V, section 4997.
The rule allowing proponents to close debate does not apply in
Committee of the Whole. Volume VIII, section 2581.
Unless otherwise provided a Member recognized for general debate in
Committee of the Whole is recognized for one hour and may yield all or
any portion of that time even though the Member to whom he yields has
just occupied an hour in his own right and objection is made to his
continuing. Volume VIII, section 2470, 2549, 2553.
In Committee of the Whole the motion to strike out the enacting clause
is debatable, and in later usage is governed by the five-minute rule.
Volume V, sections 5333-5335.
COMMITTEE OF THE WHOLE--Continued.
(39) Debate in.--General--Continued.
Debate in the Committee of the Whole on the motion to strike out the
enacting clause is under the five-minute rule and is limited to two
speeches of five minutes each. Volume VIII, sections 2627, 2629.
Reading of a bill for amendments being concluded in Committee of the
Whole, motions ordering it to be reported are not debatable. Volume IV,
section 4782.
According to a former custom, now fallen into disuse, the Speakers
participated freely in debate in Committee of the Whole (footnote).
Volume II, section 1367.
Debate in the Committee of the Whole on District day properly
alternates between those favoring and those opposing the pending
proposition and to insure alternation the chairman sometimes ascertains
the attitude of members seeking recognition. Volume VII, section 875.
Debate on an appeal in the Committee of the Whole is under the 5-minute
rule and may be closed by the committee. Volume VII, section 1608.
Volume VIII, sections 2347, 2375, 2556, 3453-3455.
In recognizing for debate on an appeal in the Committee of the Whole
the Chairman alternates between those favoring and those opposing.
Volume VIII, section 3455.
Rule XXX, providing for taking the sense of the House on the reading of
a paper in debate, applies also to proceedings in the Committee of the
Whole. Volume VIII, section 2605.
(40) Motions in.--In General.
The motions to reconsider, for the previous question and to adjourn are
not in order in Committee of the Whole. Volume IV, section 4716.
The motion to reconsider is not in order in the Committee of the Whole.
Volume VIII, sections 2324, 2325.
The motion to reconsider is not in order in Committee of the Whole.
Volume IV, sections 4717, 4718.
The motion to lay on the table is not in order in Committee of the
Whole. Volume IV, sections 4719, 4720.
The motion to lay on the table is not in order in Committee of the
Whole. Volume VIII, sections 2556, 3455.
The simple motion to recommit is not in order in Committee of the
Whole. Volume IV, section 4721.
The simple motion to recommit is not in order in Committee of the
Whole. Volume VIII, section 2326.
A motion fixing the time of five-minute debate in Committee of the
Whole has been ruled out when dilatory. Volume V, section 5734.
While the motion to close general debate is not in order in the
Committee of the Whole, the committee may, in the absence of an order
by the House, close debate by unanimous consent. Volume VIII, section
2554.
The Committee of the Whole may not recess except by permission of the
House. Volume VIII, sections 3357, 3362.
A call of the House may not be moved in the Committee of the Whole.
Volume VIII, section 2369.
Debate having been exhausted in Committee of the Whole on a proposed
recommendation to strike out the enacting clause, a motion to strike
out the last word of the motion is not in order, and additional time
for debate may not be secured by offering a pro forma amendment. Volume
VIII, section 2629.
A motion to instruct conferees is not in order in the Committee of the
Whole. volume VIII, section 2320.
In the House a motion may be withdrawn before action thereon, but in
Committee of the Whole withdrawal of motions or amendments is by
unanimous consent only. Volume VIII, sections 2465, 2564, 3405.
COMMITTEE OF THE WHOLE--CONTINUED.
(40) Motions in.--In General--Continued.
The motion to lay aside a bill in Committee of the Whole is not
debatable. Volume VIII, section 2366.
(41) Motions in.--To Amend.
In Committee of the Whole under the five-minute rule the right to
explain or oppose an amendment has precedence over a motion to amend
it. Volume IV, section 4751.
Pro forma amendments were in use in five-minute debate as early as
1866. Volume V, section 5778.
The formal amendment striking out the last word is not in order in
considering an amendment to a substitute, being in the third degree.
Volume V, section 5779.
A bill being under consideration by paragraphs, a motion to strike out
was held to apply only to the paragraph under consideration. Volume V,
section 5774.
An amendment once offered in Committee of the Whole may not be
withdrawn. Volume V, section 5221.
In Committee of the Whole a motion to amend a bill has precedence over
a motion to rise and report it. Volume IV, sections 4752-4758.
In Committee of the Whole a motion to amend a bill has precedence over
a motion to rise and report it. Volume VIII, section 2364.
In Committee of the Whole the motion to recommend postponement to a day
certain has precedence of the motion to amend. Volume VIII, section
2615.
(42) Motions in.--To Strike Out the Enacting Clause.
The motion to strike out the enacting clause applies in the Committee
of the Whole. Volume V, section 5332.
In the Committee of the Whole it is in order to move that the committee
rise and report to the House with the recommendation that the enacting
clause be stricken out. Volume VIII, section 2622.
The motion to strike out the enacting clause may not be made until the
first section of the bill has been read. Volume VIII, section 5327.
After reading for amendment has begun in the Committee of the Whole the
motion to strike out the enacting clause is in order at any time until
the stage of amendment has been passed. Volume VIII, section 2367.
The reading of a bill for amendment in Committee of the Whole being
concluded, a motion to strike out the enacting clause is not in order.
Volume VIII, section 2368.
The motion to strike out the enacting words, which is authorized in a
rule relating to the Committee of the Whole, has precedence of a motion
to amend. Volume V, section 5326.
The motion to strike out the enacting clause is a motion to amend and
yields to the motion to refer when reported to the House from the
Committee of the Whole. Volume VIII, section 2664.
The reading of a bill for amendment in Committee of the Whole being
concluded, a motion to strike out the enacting clause is not in order.
Volume IV, section 4782.
Instances of the former practice of using the motion to strike out the
enacting words as a means of taking bills from the Committee of the
Whole. Volume V, sections 5342-5344.
While the motion to strike out the enacting clause is pending in the
Committee of the Whole the pro forma amendment to strike out the last
word is not entertained. Volume VIII, section 2627.
A special order providing that a bill should be open to amendment in
Committee of the Whole was held to prevent a motion to strike out the
enacting clause. Volume IV, section 3215.
In Committee of the Whole the motion to strike out the enacting clause
is debatable under the five-minute rule limiting the time to five
minutes on each side. Volume VIII, section 2630.
COMMITTEE OF THE WHOLE--Continued.
(42) Motions in.--To Strike Out the Enacting Clause--Continued.
In Committee of the Whole the motion to strike out the enacting clause
is debatable under the five-minute rule even after debate has been
closed by motion on the pending section and amendments thereto. Volume
VIII, section 2628.
An order of Committee of the Whole closing debate on the pending
section and amendments thereto is not applicable to a motion to strike
out the enacting clause. Volume VIII, section 2632.
(43) Motions in.--As to Form of Report.
In Committee of the Whole a negative decision on a motion to report a
bill with a favorable recommendation is not equivalent to a decision to
report unfavorably. Volume IV, section 4776.
In Committee of the Whole the motion to report a bill with a favorable
recommendation has precedence of the motion to report with an
unfavorable recommendation. Volume IV, section 4776.
In Committee of the Whole the motion to report a bill with the
recommendation that it be referred takes precedence of the motion to
report it with the recommendation that it do pass. Volume IV, section
4775.
Bills in Committee of the Whole may be reported with the recommendation
that they be postponed or referred, and the later recommendation has
precedence over the recommendation that the bill do pass. Volume IV,
sections 4774, 4782.
In the Committee of the Whole, as in the House, a negative vote on the
motion to concur is equivalent to an affirmative vote to disagree.
Volume VIII, section 3182.
The motion to report a bill with favorable recommendation being decided
in the negative in the Committee of the Whole, the bill remains in its
place on the calendar. Volume VIII, section 2374.
A motion to lay aside a bill to be reported to the House with favorable
recommendation is in order in the Committee of the Whole. Volume VIII,
section 2363.
A motion that a bill be reported with a recommendation to postpone is
in order in Committee of the Whole. Volume IV, section 4765.
A motion to report a bill from the Committee of the Whole with a
recommendation that it do pass has precedence of a motion recommending
postponement. Volume IV, section 4765.
In Committee of the Whole a motion to report a bill with the
recommendation that it lie on the table has precedence of motions
recommending postponement or recommittal. Volume IV, section 4777.
A motion that the Committee of the Whole report a bill with the
recommendation that it be referred may not be made until it has been
read for amendments. Volume IV, section 4761, 4762.
As to the motions in order when a bill again comes up in Committee of
the Whole after the committee has refused to report it either favorably
or unfavorably. Volume IV, section 4782.
Before general debate has been closed in Committee of the Whole it is
not in order to move to report the bill with the recommendation that it
be laid on the table. Volume IV, section 4778.
In Committee of the Whole the motion that a bill be laid aside with a
favorable recommendation is not debatable. Volume IV, section 4774.
The motion to lay a bill aside in Committee of the Whole is not
debatable. Volume IV, sections 4763, 4764.
The motion in Committee of the Whole that a bill be laid aside with a
favorable recommendation is not amendable, but may be displaced by a
preferential motion. Volume IV, section 4774.
COMMITTEE OF THE WHOLE--Continued.
(44) Voting in.
In Committee of the Whole 20 (one-fifth of the quorum of 100) are
required to order tellers. Volume V, section 5936.
The yeas and nays may not be taken in Committee of the Whole. Volume
IV, sections 4722, 4723.
It is not in order for the Committee of the Whole to arrange for a yea-
and-nay vote to be taken in the House. Volume IV, section 4724.
Pairs are not announced in Committee of the Whole. Volume V, section
5984.
A vote on an amendment taken by tellers in the Committee of the Whole
having disclosed the lack of a quorum and objection being made for that
reason, the vote by tellers is taken anew upon the appearance of a
quorum. Volume VIII, section 3097.
(45) Rising of.--Precedence of Motions for, etc.
It is in order for any member of the Committee of the Whole to move to
rise and the Chairman is constrained to recognize for that purpose.
Volume VIII, section 2369.
A motion that the Committee of the Whole rise is not in order while a
Member has the floor in debate. Volume IV, section 4769.
In the Committee of the Whole a Member may not move to rise while
another has the floor. Volume VIII, sections 2325, 2370.
A decision by the Chairman that a motion to rise is in order after a
Member has been recognized for debate but before he has begun to speak,
was overruled by the Committee. Volume VIII, section 2370.
A Member having the floor in debate in Committee of the Whole may yield
for a motion that the committee rise without losing his right to
continue at the next sitting. Volume V, sections 5012, 5013.
In Committee of the Whole the simple motion that the committee rise has
precedence of the motion to amend. Volume IV, section 4770.
In Committee of the Whole the motion to rise and report has precedence
of a motion to take up another bill. Volume IV, section 4766.
A motion that the Committee of the Whole rise is not debatable. Volume
IV, sections 4767, 4768.
In Committee of the Whole the motion to rise and report is not
debatable. Volume IV, section 4766.
While the simple motion to recommit is not admissible in the Committee
of the Whole, it is in order to move to rise and report with the
recommendations that the bill be recommitted. Volume VIII, section
2329.
The motion to rise and report with the recommendation that the bill be
recommitted takes precedence of the motion to rise and report with the
recommendation that the bill pass. Volume VIII, section 2329.
The motion to rise and report with the recommendation that
consideration be postponed to a day certain is in order in the
Committee of the Whole and is preferential. Volume VIII, section 2372.
A motion that the Committee of the Whole rise has been ruled out when
dilatory. Volume VIII, section 2800.
In the Committee of the Whole a motion that the committee rise may not
be made until a demand for tellers on the pending question has been
disposed of. Volume IV, sections 4771, 4772.
Tellers having been ordered and appointed in Committee of the Whole, it
is not in order to move that the committee rise pending the taking of
the vote. Volume V, section 6001.
Tellers having been ordered and appointed, it is not in order to move
that the Committee of the Whole rise until the vote has been announced.
Volume IV, section 4773.
COMMITTEE OF THE WHOLE--Continued.
(45) Rising of.--Presedence of Motions for, etc.--Continued.
The Committee of the Whole being in session at the hour fixed for daily
meeting of the House it rests with the committee and not the Chairman
to determine whether or not it will rise. Volume V, sections 6736,
6737.
The hour previously fixed for the adjournment of the House arriving
while the Committee of the Whole is still in session the Chairman may
direct the Committee to rise and make his report as though the
committee had risen on motion in the regular way. Volume IV, section
4785.
When provision is made by special order for the automatic rising of
Committee of the Whole at a designated time, a motion is required to
rise before that time, and is in order. Volume VII, section 793.
(46) Rising of.--Informal.
The hour fixed by the House for termination of the consideration of a
bill in the Committee of the Whole having arrived, the Chairman directs
the committee to rise and makes his report as if the committee had
risen in the regular way. Volume VIII, section 2376.
As a Committee of the Whole may not receive a message, the Speaker
takes the chair informally if a message be received while the committee
is sitting. Volume V, section 6590.
A message being announced while the Committee of the Whole is in
session, the committee rises informally and the Speaker takes the chair
to receive it. Volume IV, section 4786.
Sometimes on the informal rising of the Committee of the Whole the
House, by unanimous consent, transacts business, such as the
presentation of enrolled bills, the swearing in of a Member, or
consideration of the message. Volume IV, sections 4788-4791.
The reception of a message when the Committee of the Whole rises
informally for that purpose is not such business as to admit the point
of order that a quorum of the House is not present. Volume VIII,
section 3340.
The presentation of conference reports, although highly privileged
under the rules, is not in order when the Committee of the Whole rises
informally to receive a message. Volume VIII, section 2378.
At an informal rising of the Committee of the Whole a message from the
President of the United States may be laid before the House only by
unanimous consent. Volume IV, section 4787.
When a demand is made that words spoken in Committee of the Whole be
taken down, no further business is in order and the Committee
automatically rises and reports the words to the House for decision by
the Speaker. Volume VIII, section 2539.
On adoption by Committee of the Whole of the recommendation that the
enacting clause be stricken out the committee rises automatically.
Volume VIII, section 2629.
After the Chairman of the Committee of the Whole has reported to the
House proceedings incident to securing a quorum of the committee, the
Speaker declines to recognize for any purpose, including requests for
unanimous consent, and the House automatically resolves again into the
Committee of the Whole. Volume VIII, sections 2377, 2379.
The Committee of the Whole having risen to report proceedings incident
to securing a quorum the speaker declined to entertain a motion to
adjourn. Volume VIII, section 2436.
(47) Process of Consideration in.--Reading and Amending Bills.
When a bill is taken up in Committee of the Whole its reading in full
may be demanded although it has just been read in the House. Volume IV,
section 4738.
The first reading of a bill in Committee of the Whole may be dispensed
with by unanimous consent only and a motion to that effect is not in
order. Volume VIII, sections 2335, 2436.
In Committee of the Whole amendments are not in order on the first
reading of the bill. Volume VIII, section 2436.
COMMITTEE OF THE WHOLE--Continued.
(47) Process of Consideration in.--Reading and Amending Bills--
Continued.
A bill recommitted to the committee of the Whole by rejection of its
recommendation to the House is not required to be read again in full.
Volume VIII, section 2633.
In reading a bill for the first time in Committee of the Whole
committee amendments are read in full. Volume VIII, section 2337.
Amendments recommended by the committee reporting the bill are read
following the first reading of the bill in Committee of the Whole.
Volume VIII, section 2864.
Whether a bill shall be read by paragraphs, sections, or subsections
when read for amendment in the Committee of the Whole is not governed
by arbitrary rule by but practice considerations of convenience as
determined by the Chairman. Volume VIII, sections 2341, 2346, 2348.
Instance wherein the Committee of the Whole, disregarding the
suggestion of the Chairman, determined to read a revenue bill by
paragraphs and not by sections. Volume VIII, section 2350.
The extent of a paragraph is indicated by the printed indentation in
the bill and not by the substance of the text. Volume VIII, section
2351.
Portions of bills concluding with semicolons are subparagraphs and when
considered in the Committee of the Whole are passed over for amendment
until the major paragraph has been read in full. Volume VIII, section
2352.
While under the practice of the House appropriation bills and revenue
bills are read for amendment by paragraphs and other bills by sections,
the Chairman has on occasion authorized the reading of such other bills
by paragraphs where the text of the bill was such as to warrant it.
Volume VIII, section 2340.
While the manner of reading a bill is within the determination of the
Committee, tariff bills are ordinarily read by paragraphs rather than
by sections. Volume VIII, section 2349.
Overruling the decision of the Chairman, the committee of the Whole
decided that the river and harbor bill should be read by sections.
Volume VIII, section 2347.
Instance wherein the Committee of the Whole, disregarding the
suggestion of the Chairman, determined to read a revenue bill by
paragraphs and not by sections. Volume VIII, section 2350.
Appropriation and revenue bills are considered in Committee of the
Whole by paragraphs, other bills by sections. Volume IV, sections 4789,
4740.
The reading of a bill for amendment in Committee of the Whole was
provided by a former rule and is continued by usage. Volume IV, section
4752.
When, in considering a bill by paragraphs or sections, the committee of
the Whole has passed a particular paragraph or section it is not in
order to return thereto. Volume IV, sections 4742, 4743.
In considering a bill for amendment under the five-minute rule it is in
order to return to a paragraph already passed only by unanimous
consent. Volume IV, sections 4746, 4747.
In consideration under the five-minute rule a paragraph is not passed
until the next one is read, although the Committee of the Whole may in
the meantime have risen. Volume IV, section 3833.
When in considering a bill by paragraphs or sections the Committee of
the Whole has passed a particular paragraph or section it is not in
order to return thereto. Volume VIII, section 2354.
In reading a bill under the five-minute rule, a section or paragraph is
considered as having been passed for amendment or debate when an
amendment in the form of a new section or paragraph is taken up for
consideration. Volume VIII, section 2357.
During consideration of a bill by sections for amendments the chair may
direct a return to a section where, by error, no action was had on a
pending amendment. Volume IV, section 4750.
COMMITTEE OF THE WHOLE--Continued.
(47) Process of Consideration in.--Reading and Amending Bills--
Continued.
The reading of a bill for amendment being concluded in Committee of the
Whole, and a motion to rise being negatived, a motion to return to a
particular portion of the bill was offered and admitted. Volume IV,
section 4748.
Bills are read for amendment in Committee of the Whole by sections or
paragraphs and amendments are not in order until the reading of the
section or paragraph has been completed. Volume VIII, section 2866.
In considering a bill for amendment under the five-minute rule an
amendment offered as a separate paragraph or section is not in order
until the pending paragraph has been perfected and disposed of. Volume
VIII, section 2356.
An amendment to insert in a bill a new section having been presented
and debated before an opportunity was given to amend fully the section
last read, the Chairman held that it was in order to recur to the
latter section. Volume IV, section 4749.
An instance wherein a substitute text for a bill was offered as a
substitute for the first section and agreed to, the remaining sections
being striken out afterwards. Volume V, section 5796.
An amendment in the nature of a substitute for the entire bill may be
offered either at the end of the bill or after the reading of the first
paragraph with notice that if agreed to motions will be made to strike
out the remaining paragraphs. Volume VIII, section 2426.
Disposition of an amendment offered as a new section closes to debate
or amendment the section pending when the amendment was offered. Volume
VIII, section 2358.
A bill which is under consideration in Committee of the Whole may not
be laid aside, except to be reported to the House. Volume IV, section
4765.
A bill may not be laid aside with a favorable recommendation in
Committee of the Whole until the reading for amendment is completed.
Volume IV, sections 4759, 4760.
A Committee of the Whole sometimes reports a bill with the
recommendation that it be recommitted to a standing committee with
certain instructions. Volume IV, section 4714.
A bill being alleged to be improperly before the Committee of the
Whole, a motion to report it with recommendations was held in order
before it had been considered for amendment. Volume IV, section 4784.
In considering amendments to the Constitution a two-thirds vote was not
required in Committee of the Whole, but was required when the Committee
voted on concurring in Senate amendments. Volume V, section 7033.
A Senate bill with a proposed committee amendment in the nature of a
substitute being under consideration in Committee of the Whole, the
bill was first read by sections for amendment and then the substitute
was perfected. Volume IV, section 4741.
An amendment having been read for information by consent must again be
read for consideration and is not pending until so reported. Volume
VIII, section 2339.
During the reading of a bill for amendment in Committee of the Whole,
it is not in order to interrupt the reading of a paragraph or section
with a parliamentary inquiry. Volume VII, section 2873.
In the Committee of the Whole an amendment to the preamble of a bill or
joint resolution is considered after the bill has been read for
amendment. Volume VII, section 1065.
A paragraph passed over by unanimous consent during the reading of a
bill for amendment in the Committee of the Whole is recurred to when
reading of the bill has been concluded, and an earlier motion to return
to it is not in order. Volume VIII, section 2336.
In the Committee of the Whole an amendment once offered may not be
modified except by unanimous consent. Volume VIII, sections 2859, 2563.
The rule requiring motions to be reduced to writing on the demand of a
Member applies to amendments as to other motions and is applicable in
the Committee of the Whole as in the House. Volume VIII, section 2826.
COMMITTEE OF THE WHOLE--Continued.
(47) Process of Consideration in.--Reading and Amending Bills--
Continued.
In the consideration of a bill in the Committee of the Whole, the
committee in charge of a bill was authorized to return to any section
or paragraph which had been passed for the purpose of offering
amendments. Volume VII, section 1067.
(48) Process of Consideration in.--Senate Amendments.
When a House bill with Senate amendments is committed to the Committee
of the Whole that committee considers only the amendment. Volume V,
section 6192.
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.
Volume V, section 6194.
Senate amendments considered in Committee of the Whole are each subject
to general debate and amendment under the five-minute rule. Volume V,
section 6196.
The process of amending Senate amendments in Committee of the Whole and
the subsequent agreement of the House to the amendments as amended.
Volume V, section 6193.
Senate amendments referred to the Committee of the Whole must be
considered, although they may not be within the rule requiring such
consideration. Volume V, section 6195.
The Committee of the Whole having recommended disagreement to a Senate
amendment, and the House having negatived a motion to concur in the
recommendation, it was held that the House had agreed to the amendment.
Volume V, section 6168.
The fact that one of several Senate amendments must be considered in
Committee of the Whole does not prevent the House from proceeding with
the disposition of those not subject to the point of order. Volume IV,
section 4807.
Senate amendments being under consideration in the House, and an
amendment thereto requiring consideration in Committee of the Whole
being proposed, the House at once goes into Committee of the Whole to
consider it. Volume IV, section 4795.
(49) Process of Consideration in.--President's Message.
The President's annual message is usually referred by the House to the
Committee of the Whole House on the state of the Union. Volume V,
section 6631.
The annual message of the President is usually referred when read to
the Committee of the Whole House on the state of the Union, whence it
is distributed by action of the House to appropriate committees. Volume
V, sections 6621, 6622.
The Committee of the Whole having under consideration the President's
message may report in part recommending a resolution for adoption.
Volume V, section 6625.
While the President's annual message is usually referred entire to the
Committee of the Whole at once, yet a portion of it has been referred
to a select committee. Volume V, section 6628.
The Committee of the Whole in distributing the President's message
refer portions to a standing or select committee with instructions.
Volume V, sections 6626, 6267.
Recent instance wherein the House has resolved itself into Committee of
the Whole House on the state of the Union for debate on the President's
message. Volume V, sections 6623, 6624.
(50) Reports from.--Duties of Speaker and House as to Receiving.
The Speaker recognizes only reports from the Committee on the Whole
made by the Chairman thereof. Volume V, section 6987.
The Speaker has no official knowledge of proceedings in Committee of
the Whole saves as reported by its Chairman. Volume VIII, sections
2429, 2430.
The matter alleged to have arisen in Committee of the Whole but not
reported by the Chairman may not be brought to the attention of the
House. Volume VIII, section 2429.
A matter alleged to have arisen in Committee of the Whole, but not
reported by the Chairman, may not be brought to the attention of the
House, even on the claim that a question of privilege is involved.
Volume IV, section 4912.
COMMITTEE OF THE WHOLE--Continued.
(50) Reports from.--Duties of Speaker and House as to Receiving--
Continued.
If a Committee of the Whole amend a paragraph and subsequently strike
out the paragraph as amended, the first amendment falls and is not
reported to the House or voted on. Volume VIII, section 2421.
When a bill is reported from the Committee on the Whole the Speaker
must assume that it has passed through all the stages necessary for the
report. Volume IV, section 4916.
An amendment reported from the Committee of the Whole may not be
withdrawn and a question as to its validity is not considered by the
Speaker. Volume IV, section 4900.
A Committee of the Whole having reported not only what it had done, but
by whom it had been prevented from doing other things, the Speaker held
that the House might not amend the report, which stood. Volume IV,
section 4909.
A Committee of the Whole may not report a recommendation which, if
carried into effect, would change a rule of the House. Volume IV,
sections 4907, 4908.
When a Committee of the Whole reported a recommendation which was ruled
out as in excess of its powers, it was held that the accompanying bill
stood recommitted to the Committee of the Whole. Volume IV, section
2907.
A bill having been reported from the Committee of the Whole with
instructions which were ruled out of order as proposing a change of
there rules, the bill was held thereby to stand recommitted to the
Committee of the Whole. Volume IV, section 4784.
A Committee of the Whole directed by order of the House to consider
certain bills, reported also certain other bills, whereupon the Speaker
held that so much of the report as related to the latter bills could be
received only by unanimous consent. Volume IV, section 4911.
A report from the Committee of the Whole when presented, is pending
without motion for its adoption. Volume VIII, section 3211.
When the Committee of the Whole reports, the question in the House is
into on the acceptance of the report of the committee but on the bill
and amendments reported, if any, and such amendments may be voted upon
engross or any Member may demand a separate vote on any amendment.
Volume VIII, section 2419.
The vote having been taken on a agreeing to a report of the Committee
of the Whole on which the previous question had been ordered, it was
held that the operation of the previous question had been consummated
and did not apply to related questions again brought before the House.
Volume VIII, section 2687.
A point of no quorum is always in order and may be made when the
Committee of the Whole rises and before the report of the Chairman has
been received. Volume IV, section 666.
A motion to adjourn may be made pending the report from the Committee
of the Whole. Volume VIII, section 2645.
(51) Reports from.--Forms of, in Present and Past Practice.
Modern forms and ceremony of the report by the Chairman of the
Committee of the Whole and the reception thereof by the Speaker
(footnote). Volume IV, section 4898.
Form of report from Committee of the Whole on a bill considered under a
restrictive special order. Volume IV, section 3265.
The old form of report from the Committee of the Whole House on the
state of the Union. Volume IV, section 4898.
The Committee of the Whole House on the state of the Union used to
report that it had the state of the Union under consideration. Volume
IV, section 4706.
A special order providing that the Committee of the Whole rise at the
conclusion of the reading of a bill and report it to the House and that
the previous question operate to final passage was held not to
interfere with the right of the committee to report with recommendation
to recommit. Volume VIII, section 2375.
Paragraphs rule out in Committee of the Whole on points of order are
not reported to the House. Volume VIII, section 2428.
COMMITTEE OF THE WHOLE--Continued.
(51) Reports from. Forms of if, in Present and Past Practice--
Continued.
If the Committee of the Whole perfect a bill by amendment and then
adopt a substitute for the entire bill, only the substitute is reported
to the House, and if the House rejects the substitute the original bill
without amendment is before the House. Volume VIII, section 2426.
(52) Reports from.--Only Amendments that are Agreed to.
If a Committee of the Whole amend a paragraph and subsequently strike
our that paragraph as amended the first amendment fails, and is not
reported to the House or voted on. Volume IV, section 4898.
The practice of reporting Committee of the Whole amendments only in
their perfected forms had its origin in an old rule.
An amendment in the nature of a substitute is reported from the
Committee of the Whole in its perfected form, amendments to the
substitute not being noted in the report. Volume IV, sections 4900-
4903.
A Committee of the Whole, like any other committee, may adopt and
report an amendment in the nature of a substitute. Volume IV, section
4899.
Amendments rejected in Committee of the Whole are not reported to the
House. Volume IV, section 4877.
A Committee of the Whole ordinarily reports only such amendments as it
has agreed to, but sometimes by direction of a special order it reports
also amendments pending and undisposed of when it rises. Volume IV,
sections 3225-3228.
When a special order directs a Committee of the Whole to report
``pending amendments'' this does not include an amendment only partly
read when the Committee of the Whole rises. Volume IV, section 3229.
The hour for taking a vote having arrived an amendment pending and
undisposed of in Committee of the Whole at the time is not acted on in
the House. Volume IV, section 4910.
An instance where the Committee of the Whole reported a new resolution
in lieu of one referred to it. Volume IV, section 4878.
(53) Reports from.--Consideration of Amendments in the House.
Form of rule authorizing Members to demand a separate vote on each
amendment recommended by the Committee of the Whole. Volume VII,
section 803.
Amendments reported from the Committee of the Whole should be voted on
in the order in which they are reported, although they may be
inconsistent one with another. Volume IV, sections 4881, 4882.
It is a frequent practice for the House, by unanimous 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. Volume IV, sections 4893, 4894.
The previous question may be moved on a portion of the amendments to a
bill reported from the Committee of the Whole, leaving the remaining
amendments open to debate and amendment. Volume VIII, section 2679.
All amendments to a bill reported from the Committee of the Whole stand
on an equal footing and must be voted on by the House. Volume IV,
section 4871.
The House having rejected a substitute recommended by the Committee of
the Whole, the section of the bill for which the substitute was
proposed remains in the bill in its original form and not as amended.
Volume VIII, section 2424.
If the Committee of the Whole reports to the House a substitute for the
entire bill the substitute is subject to amendment in the House unless
the previous question is operating. Volume VIII, section 2419.
COMMITTEE OF THE WHOLE--Continued.
(53) Reports from.--Consideration of Amendments in the House.--
Continued.
When a Senate bill is reported by the Committee of the Whole with an
amendment in the nature of a substitute and the House rejects the
substitute, and the previous question is operating, the vote recurs on
the Senate bill without amendment. Volume VIII, section 2427.
When a bill is reported from the Committee of the Whole with amendments
it is in order to submit additional amendments, but the first question
is on the amendments reported. Volume IV, sections 4872-4876.
Amendments reported to the House by the Committee of the Whole are
subject to amendment and the bill itself is open to amendment in the
House unless the previous question is ordered. Volume VIII, section
2419.
Instance wherein a substitute amendment was offered to a bill reported
from the Committee of the Whole with amendments and the previous
question was ordered on all the amendments and the bill to a final
passage. Volume V, section 5472.
The fact that a proposition has been rejected by the Committee of the
Whole does not prevent it from being offered as an amendment when the
subject comes up in the House. Volume IV, sections 4878-4880.
The right to debate and amend a bill reported from the Committee of the
Whole depend upon the will of the House. Volume IV, section 4895.
A proposition reported from the Committee of the Whole as an entire and
distinct amendment may not be divided, but must be voted on in the
House as a whole. Volume IV, sections 4883-4892.
A proposition reported from the Committee of the Whole as an entire and
distinct amendment may not be divided but must be voted on in the House
as a whole. Volume VIII, section 2426.
The Committee of the Whole having reported two amendments as distinct,
the one from the other, the Speaker held that they should be considered
independently, although apparently one was a proviso attaching to the
other. Volume IV, section 4905.
Under the later practice, Senate amendments when reported from the
Committee of the Whole are voted on en bloc and only those amendments
are voted on severally on which a separate vote is demanded. Volume
VIII, section 3191.
The Committee of the Whole having reported a Senate amendment with the
recommendation that it be agreed to with an amendment, a separate vote
was had on the amendment to the Senate amendment. Volume VIII, section
2420.
When a Senate amendment is reported back to the House from Committee of
the Whole with an amendment and with the recommendation that the Senate
amendment as amended be concurred in, the vote is taken first on the
proposed amendment and then on concurrence. Volume VIII, section 3192.
The Committee of the Whole having reported back Senate amendments to a
bill with recommendations for their disposition, it was held that a
motion to recommit properly applied to the bill and not to the
amendments. Volume VIII, section 2743.
A separate vote in the House on a perfecting amendment offered in the
Committee of the Whole and incorporated in an amendment reported to the
House is not in order and may be had only by unanimous consent. Volume
VIII, sections 2422, 2427.
(54) Reports from.--Consideration of Bills in the House.
A series of bills reported from the Committee of the Whole should be
considered in the House in the order in which they are reported. Volume
IV, sections 4860, 4870.
A series of bills reported from the Committee of the Whole are usually
considered in the House not in the order in which taken up in the
committee but in the order reported. Volume VIII, section 2417.
A bill presumed to have been read in Committee of the Whole and
reported favorably therefrom is not read in full again when acted on by
the House. Volume IV, section 4916.
COMMITTEE OF THE WHOLE--Continued.
(54) Reports from.--Consideration of Bills in the House--Continued.
A bill which has been read in full and considered in Committee of the
Whole does not require to be read in full again when taken up for
action in the House. Volume IV, sections 3409, 3410.
The Committee of the Whole having reported a proposition for action the
Speaker gave it precedence over a resolution offered form the floor by
a Member in relation to the same subject. Volume V, section 6986.
The Committee of the Whole having reported both a bill and a resolution
relating to an alleged breach of privilege the Speaker put the question
first on the bill. Volume V, section 6986.
A bill being reported from the Committee of the Whole with the
recommendation that the enacting words be stricken out a motion to lay
on the table is not in order. Volume V, section 5337.
When a bill is reported from the Committee of the Whole with the
recommendation that the enacting clause be stricken out, right to prior
recognition passes from the Member in charge to the leading opponent of
the bill. Volume VIII, section 2629.
When the House disagrees to the recommendation of the Committee of the
Whole that the enacting words of a bill be stricken out, the bill goes
back to the Calendar of the Committee of the Whole as unfinished
business. Volume VIII, section 2633.
When the House disagrees to the recommendation of the Committee of the
Whole that the enacting words be stricken out the bill stands
recommitted to the Committee of the Whole, unless the House refer it
otherwise. Volume V, section 5326.
An amendment reported from Committee of the Whole striking out all
after the enacting clause of a bill and inserting new matter is, when
reported, treated like any other amendment reported from that
committee. Volume V, section 5341.
When a bill is reported from the Committee of the Whole with an adverse
recommendation an opponent of it is recognized to make a motion as to
its disposition. Volume IV, section 4897.
When a bill is reported from the Committee of the Whole with an adverse
recommendation, an opponent of the bill is recognized to make a motion
as to its disposition. Volume VIII, section 2430.
The Chairman of the Committee of the Whole which last reports a bill
does not thereby become entitled to prior recognition in debate. Volume
II, section 1453.
The recommendation of the Committee of the Whole being before the House
the motion is considered as pending without being offered from the
floor. Volume IV, section 4896.
There is a question as to whether or not the recommendation of the
Committee of the Whole that a bill do lie on the table may be accepted
in the House as a pending motion. Volume IV, section 4897.
The recommendation of the Committee of the Whole to recommit a bill
being decided in the negative, the question was held to recur on the
amendments and bill under a special rule ordering the previous question
on the bill and amendments to final passage, Volume VIII, section 2375.
A recommendation from the Committee of the Whole to recommit a bill on
which the previous question had been ordered by special rule, being
rejected, the question recurs on the passage of the bill. Volume VII,
section 777.
A special rule, ordering the previous question on a pending bill and
amendments to final passage when reported from the Committee of the
Whole, was held not to preclude a recommendation by the Committee of
the Whole that the bill be recommitted. Volume VII, section 777.
The rejection of an amendment by the Committee of the Whole does not
preclude the offering of the same amendment in a motion to recommit
with instructions. Volume VIII, section 2700.
COMMITTEE OF THE WHOLE--Continued.
(55) Discharge of.
A motion to discharge the Committee of the Whole from the consideration
of a matter committed to it is not privileged as against a demand for
the regular order. Volume IV, section 4917.
The motion to discharge a Committee of the Whole was frequently in use
until the necessary adherence to an order of business destroyed its
privileged character. Volume IV, sections 4918-4921.
Under a practice now obsolete the defeat of the motion granting leave
to the Committee of the Whole to sit again discharged the committee
(footnote). Volume IV, section 4921.
When the Committee of the Whole is discharged from the consideration of
a bill the House, in lieu of a report from the chairman, accepts the
minutes of the Clerk as evidence of amendments agreed to. Volume IV,
section 4922.
It is not in order in the House to move to postpone or otherwise
consider a bill which is still in the Committee of the Whole. Volume
VIII, section 2436.
(56) Consideration ``in the House as in Committee of the Whole.''
The procedure known as consideration ``in the House as in Committee of
the Whole.'' Volume IV, section 4923.
Consideration ``in the House as in Committee of the Whole'' is by
unanimous consent only, as the order of business gives no place for a
motion. Volume IV, section 4923.
The only distinction between consideration in the House and
consideration in the House as in Committee of the Whole is that in the
letter, debate proceeds under the five-minute rule and there is no
general debate. Volume VI, section 639.
Debate under the five-minute rule is had in the Committee of the Whole
or in the ``House as in Committee of the Whole,'' but not in the House.
Volume VIII, section 2565.
The quorum required in the ``House as in Committee of the Whole'' is a
quorum of the House and not a quorum of the Committee of the Whole.
Volume VI, section 639.
The House while acting ``in the House as in Committee of the Whole''
may refer to a committee, use the previous question, deal with
disorder, take the yeas and nays, or adjourn. Volume IV, section 4923.
The motion to reconsider, while not entertained in the Committee of the
Whole, is in order in the House as in Committee of the Whole. Volume
VIII, section 2793.
During consideration of a bill ``in the House as in Committee of the
Whole'' the previous question may be demanded while Members yet desire
to offer amendments. Volume IV, sections 4926-4929
During consideration ``in the House as in Committee of the Whole'' the
previous question may not be moved on a single section of a bill.
Volume IV, section 4930.
A bill being under consideration ``in the House as in Committee of the
Whole'' a motion to commit was decided to be in order, although the
reading by sections had not begun. Volume IV, sections 4931, 4932.
During consideration of a bill ``in the House as in Committee of the
Whole'' an amendment may be withdrawn at any time before action has
been had on it. Volume IV, section 4935.
Under the latest ruling when a bill is considered in the House as in
Committee of the Whole it is considered under the five-minute rule,
without general debate. Volume IV, sections 4924, 4925
A bill being under consideration ``in the House as in Committee of the
Whole'' an amendment in the nature of a substitute is in order only
after the consideration of a bill by sections has been completed.
Volume IV, sections 4933, 4934.
Procedure for amendment of the title when the bill is considered in the
House as in Committee of the Whole. Volume IV, section 3416.
COMMITTEES.
(1) Select.
(2) Standing.
(3) Joint.--Authorization of.
(4) Joint.--Number of Members, quorum, voting, etc.
(5) Joint.--Appointment of.
(6) Joint.--Reports, instructions, and sessions in recess.
(7) Joint.--In general.
(8) Of conference.--Called ``managers.''
(9) Of conference.--Appointment of.
(10) Of conference.--Meeting of.
(11) Of conference.--In general.
(12) In impeachments.--GNumber of committee carrying the message to the
bar of the Senate.
(13) In impeachments.--Constitution of the committee carrying the
message.
(14) In impeachments.--Declaration by, at bar of Senate.
(15) In impeachments.--Reports after appearing in Senate.
(16) In impeachments.--For drawing up articles.
(17) In impeachments.--The managers.
(18) In impeachments.--Choice of managers.
(19) In impeachments.--As to divisions of opinion among managers.
(20) In impeachments.--Chairman of managers.
(21) In impeachments.--Power of investigation given to managers.
(22) To act as tellers for the electoral count.
(23) Commissions.
(24) Appointment of.--By the Speaker.
(25) Appointment of.--When charges are made against the Speaker.
(26) Appointment of.--When the Speaker's seat is contested.
(27) Appointment of.--By a Speaker pro tempore.
(28) Appointment of.--Relative functions of Speaker and the House.
(29) Appointment of.--Majority and minority representation on.
(30) Appointment of.--Rank on.
(31) Appointment of.--In relation to the oath, contested elections,
accustations, etc.
(32) Election of.--In general.
(33) Election of.--Proceedings in House on.
(34) Election of.--Rank on.
(35) Election of.--Majority and Minority representation on.
(36) Election of.--Party Caucus Functions on.
(37) Delegates on.
(38) Chairmen of.--Method of selection.
(39) Chairmen of.--Principle of selection of, for select.
(40) Chairmen of.--In general.
(41) Rooms, furniture, stationery, etc.
(42) Papers and custody thereof.
(43) Clerks of.--Authorization and compensation of.
(44) Clerks of.--Appointment of.
(45) Clerks of.--Oath and privilege of.
(46) Stenographers of.
(47) Relief from service on.
(48) Speaker serves only on Committee on Rules.
(49) Reference to.--General principles.
(50) Reference to.--President's message.
(51) Reference to.--Instructions, papers from the files, etc.
(52) Reference to.--By recommittal.
(53) Reference to.--Bills on the Speaker's table.
COMMITTEES--Continued.
(54) Principles of jurisdiction.--In general.
(55) Principles of jurisdiction.--As to public bills.
(56) Principles of jurisdiction.--As to private bills.
(57) Principles of jurisdiction.--As to bills relating to claims.
(58) Jurisdiction of the several standing committees.--Accounts.
(59) Jurisdiction of the several standing committees.--Agriculture.
(60) Jurisdiction of the several standing committees.--GAlcoholic
Liquor Traffic (abolished).
(61) Jurisdiction of the several standing committees.--Appropriations.
(62) Jurisdiction of the several standing committees.--Banking and
Currency.
(63) Jurisdiction of the several standing committees.--Census.
(64) Jurisdiction of the several standing committees.--Civil Service.
(65) Jurisdiction of the several standing committees.--Claims.
(66) Jurisdiction of the several standing committees.--Coinage,
Weights, and Measures.
(67) Jurisdiction of the several standing committees.--GDisposition of
Useless Executive Papers.
(68) Jurisdiction of the several standing committees.--District of
Columbia.
(69) Jurisdiction of the several standing committees.--Education.
(70) Jurisdiction of the several standing committees.--GElection of
President, Vice-President, and Representatives in Congress.
(71) Jurisdiction of the several standing committees.--Elections.
(72) Jurisdiction of the several standing committees.--Enrolled Bills.
(73) Jurisdiction of the several standing committees.--GExpenditures in
the Executive Departments.
(74) Jurisdiction of the several standing committees.--Flood Control.
(75) Jurisdiction of the several standing committees.--Foreign Affairs.
(76) Jurisdiction of the several standing committees.--Immigration and
Naturalization.
(77) Jurisdiction of the several standing committees.--Indian Affairs.
(78) Jurisdiction of the several standing committees.--GIndustrial Arts
and Expositions (abolished).
(79) Jurisdiction of the several standing committees.--Insular Affairs.
(80) Jurisdiction of the several standing committees.--GInterstate and
Foreign Commerce, as to vessels, revenue, etc.
(81) Jurisdiction of the several standing committees.--GInterstate and
Foreign Commerce, as to hospitals, health, etc.
(82) Jurisdiction of the several standing committees.--GInterstate and
Foreign Commerce, as to bridges, dams, etc.
(83) Jurisdiction of the several standing committees.--GInterstate and
Foreign Commerce, as to common carriers.
(84) Jurisdiction of the several standing committees.--GInterstate and
Foreign Commerce, as to general subjects.
(85) Jurisdiction of the several standing committees.--Invalid
Pensions.
(86) Jurisdiction of the several standing committees.--Irrigation and
Reclamation.
(87) Jurisdiction of the several standing committees.--Judiciary, as to
courts, crimes, etc.
COMMITTEES--Continued.
(88) Jurisdiction of the several standing committees.--GJudiciary, as
to trusts and corporations.
(89) Jurisdiction of the several standing committees.--Judiciary, as to
claims.
(90) Jurisdiction of the several standing committees.--Judiciary, as to
general subjects.
(91) Jurisdiction of the several standing committees.--Labor.
(92) Jurisdiction of the several standing committees.--GLevees and
Improvements of the Mississippi River (abolished).
(93) Jurisdiction of the several standing committees.--Library.
(94) Jurisdiction of the several standing committees.--Manufacturers
(abolished).
(95) Jurisdiction of the several standing committees.--Memorials.
(96) Jurisdiction of the several standing committees.--GMerchant
Marine, Radio, and Fisheries.
(97) Jurisdiction of the several standing committees.--Mileage
(abolished).
(98) Jurisdiction of the several standing committees.--Military
affairs.
(99) Jurisdiction of the several standing committees.--Militia
(abolished).
(100) Jurisdiction of the several standing committees.--Mines and
Mining.
(101) Jurisdiction of the several standing committees.--Naval Affairs.
(102) Jurisdiction of the several standing committees.--Pacific
Railroads (abolished).
(103) Jurisdiction of the several standing committees.--Patents.
(104) Jurisdiction of the several standing committees.--Pensions.
(105) Jurisdiction of the several standing committees.--Post Office and
Post Roads.
(106) Jurisdiction of the several standing committees.--Printing.
(107) Jurisdiction of the several standing committees.--GPrivate Land
Claims (abolished).
(108) Jurisdiction of the several standing committees.--Public
Buildings and Grounds.
(109) Jurisdiction of the several standing committees.--Public Lands.
(110) Jurisdiction of the several standing committees.--GRailways and
Canals (abolished).
(111) Jurisdiction of the several standing committees.--Revision of the
Laws.
(112) Jurisdiction of the several standing committees.--Rivers and
Harbors.
(113) Jurisdiction of the several standing committees.--Roads.
(114) Jurisdiction of the several standing committees.--Rules.
(115) Jurisdiction of the several standing committees.--Territories.
(116) Jurisdiction of the several standing committees.--GVentilation
and Acoustics (abolished).
(117) Jurisdiction of the several standing committees.--War Claims.
(118) Jurisdiction of the several standing committees.--GWays and
Means, as to revenues, etc.
(119) Jurisdiction of the several standing committees.--GWays and
Means, as to the Treasury, debt, etc.
(120) Jurisdiction of the several standing committees.--GWays and
Means, as to adjournment, etc.
(121) Jurisdiction of the several standing committees.--GWoman Suffrage
(abolished).
(122) Jurisdiction of the several standing committees.--GWorld War
Veterans' Legislation.
(123) Procedure of.--Meeting and action.
(124) Procedure of.--Sittings and recess.
(125) Procedure of.--Sittings after final adjournment.
(126) Procedure of.--Quorum.
(127) Procedure of.--Secret sessions.
(128) Procedure of.--Journal.
COMMITTEES--Continued.
(129) Procedure of.--Motions and appeals.
(130) Procedure of.--Power over bills.
(131) Procedure of.--In general.
(132) Investigations by.--Authorizations of.
(133) Investigations by.--Forms of resolutions directing.
(134) Investigations by.--Power to compel testimony
(135) Investigations by.--Issue of subpoenas.
(136) Investigations by.--Immunity of witnesses.
(137) Investigations by.--Contumacious witnesses.
(138) Investigations by.--In relation to examinations at the bar of the
House.
(139) Investigations by.--Oath and examination of witnesses.
(140) Investigations by.--Members as witnesses.
(141) Investigations by.--Asking attendance of Senators as witnesses.
(142) Investigations by.--Executive officers as witnesses.
(143) Investigations by.--Rules of evidence as to.
(144) Investigations by.--Counsel before.
(145) Investigations by.--Privileges of persons concerned.
(146) Investigations by.--When members or Senators are implicated.
(147) Investigations by.--Reports by.
(148) Investigations by.--In general.
(149) Examination in election cases.--Authorization of.
(150) Examination in election cases.--Method of.
(151) Examination in election cases.--Rules of evidence.
(152) Examination in election cases.--In general.
(153) Impeachment inquiries by.--Basis for.
(154) Impeachment inquiries by.--Rules of evidence.
(155) Impeachment inquiries by.--Ex parte.
(156) Impeachment inquiries by.--Accused represented.
(157) Impeachment inquiries by.--Before subcommittees, etc.
(158) Impeachment inquiries by.--In general.
(159) Reports of.--Authorization of.
(160) Reports of.--When a committee is unable to authorize.
(161) Reports of.--Views of the minority.
(162) Reports of.--To be in writing.
(163) Reports of.--Form of.
(164) Reports of.--Relation of, to action by the House.
(165) Reports of.--Presentation to the House.
(166) Reports of.--Privileged by rule.
(167) Reports of.--On matters of privilege.
(168) Reports of.--Directions by the House as to.
(169) Reports of.--Action on, in the House.
(170) Reports of.--In general.
(171) Discharge of.--GFrom consideration of legislation under the new
rule. See also ``Discharge.''
(172) Discharge of.--In general.
(173) Motions authorized by.--In general.
(174) Motions authorized by.--For suspension of the rules.
(175) The call of the ``morning hour'' and ``on Calendar Wednesday.
(176) Relations to conduct of business on the floor of the House.
(177) Reference to, in debate.
(178) Charges against, etc.
(179) In general.
COMMITTEES--Continued.
(1) Select.
Since 1880 the appointment of select committees has by rule rested
solely with the Speaker. Volume VIII, section 2192.
A Member called to the Chair during the day's sitting does not sign
enrolled bills or appoint committees. Volume VI, section 276.
A select committee, when created by the House, is additional to and
apart from the regular standing committees provided in the rules.
Volume IV, section 4393.
A select committee expires at the end of a session, unless continued by
order of the House or revived by the reference of a matter to it by the
House. Volume IV, sections 4394-4399.
When a select committee reports in full on the subject committed, it is
thereby dissolved, but it may be revived by a vote. Volume IV, section
4403.
The continuance of a select committee revives all the business before
it. Volume IV, section 4400.
A select committee that has reported finally and become dissolved may
be revived as to all its original powers by the action of the House in
referring in open House a new matter to it. Volume IV, sections 4404,
4405.
Instance wherein a select committee was authorized by the adoption by
the House of a motion to refer. Volume IV, section 4401.
The House may refer a message of the President to a select committee,
and may specify its number, instruct it, and give it power to send for
persons and papers. Volume V, sections 6633, 6634.
A motion to refer may specify that the reference be to a select
committee of a stated number of Members, and may endow this committee
with power to send for persons and papers. Volume IV, section 4402.
The House sometimes enlarges the powers of a select committee after it
has been created. Volume III, section 1753.
At the first meeting of a select committee the resolution of the House
creating it and defining its duties is spread on its Journal. Volume
IV, section 4406.
A message from President Monroe asking for an adjustment of certain
personal claims was referred to a select committee with instructions.
Volume V, section 6632.
(2) Standing.
Early arguments for and against the creation of standing committees.
Volume IV, section 4217.
In the earlier practice a motion establishing certain committees was
held to be privileged at the time of organization of the House. Volume
IV, section 4407.
A tabulation indicating changes in the size of the committees and the
establishment and discontinuance of committees since the Fifty-ninth
Congress. Volume VIII, section 2183.
Creation and history of the standing committees severally:
Accounts. Volume IV, section 4328. Volume VII, section 2051.
Agriculture. Volume IV, section 4149. Volume VII, section 1860.
Alcoholic Liquor Traffic. Volume IV, section 4305. Volume VII, section
2029 (abolished.)
Appropriations. Volume IV, section 4032. Volume VII, section 1741.
Banking and Currency. Volume IV, section 4082. Volume VII, section
1789.
Census. Volume IV, section 4351. Volume VII, section 2060.
Civil Service. Volume VII, section 2017.
Claims. Volume IV, section 4262. Volume VII, section 1991.
Coinage, Weights, and Measures. Volume IV, section 4090. Volume VII,
section 1797.
Disposition of useless Executive papers. Volume VII, section 2100.
District of Columbia. Volume IV, section 4276. Volume VII, section
2004.
Education. Volume IV, section 4242. Volume VII, section 1973.
COMMITTEES--Continued.
(2) Standing--Continued.
Creation and history of the standing committees severally--Continued.
Election of President, Vice-President, and Representatives in Congress.
Volume IV, section 4299. Volume VII, section 2023.
Elections. Volume IV, section 4019. Volume VII, section 1721.
Enrolled Bills. Volume IV, section 4350. Volume VII, section 2099.
Expenditures. Volume IV, section 4315. Volume VII, section 2041.
Expenditures in the Department of Commerce and Labor. Volume IV,
section 4467 (abolished).
Flood Control. Volume VII, section 2069.
Foreign Affairs. Volume IV, section 4162. Volume VII, section 1878.
Immigration and Naturalization. Volume IV, section 4309. Volume VII,
section 2036.
Indian Affairs. Volume IV, section 4204. Volume VII, section 1933.
Industrial Arts and Expositions. Volume IV, section 4353. Volume VII,
section 2062 (abolished).
Insular Affairs. Volume IV, section 4213. Volume VII, section 1946.
Interstate and Foreign Commerce. Volume IV, section 4096. Volume VII,
section 1803.
Invalid Pensions. Volume IV, section 4258. Volume VII, section 1987.
Irrigation and Reclamation. Volume IV, section 4307. Volume VII,
section 2031.
Judiciary. Volume IV, section 4054. Volume VII, section 1746.
Labor. Volume IV, section 4244. Volume VII, section 1977.
Levees and Improvements of the Mississippi River. Volume IV, section
4240 (abolished).
Library. Volume IV, sections 4337, 4338 (abolished).
Manufactures. Volume IV, section 4221 (abolished).
Memorials. Volume VII, section 2080.
Merchant Marine, Radio, and Fisheries. Volume IV, section 4129. Volume
VII, section 1847.
Mileage. Volume IV, section 4336. Volume VII, section 2059 (abolished).
Military Affairs. Volume IV, section 4179. Volume VII, section 1890.
Militia. Volume IV, section 4252 (abolished).
Mines and Mining. Volume IV, section 4223. Volume VII, section 1954.
Naval Affairs. Volume IV, section 4189. Volume VII, section 1906.
Pacific Railroads. Volume IV, section 4239 (abolished).
Patents. Volume IV, section 4254. Volume VII, section 1983.
Pensions. Volume IV, section 4260. Volume VII, section 1989.
Post-Office and Post-Roads. Volume IV, section 4190. Volume VII,
section 1914.
Printing. Volume IV, section 4347. Volume VII, section 2092.
Private Land Claims. Volume IV, section 4273 (abolished).
Public Buildings and Grounds. Volume IV, section 4231. Volume VII,
section 1962.
Public Lands. Volume IV, section 4194. Volume VII, section 1923.
Railways and Canals. Volume IV, section 4217. Volume VII, section 1951
(abolished).
Reform in the Civil Service. Volume IV, section 4296 (name changed. See
Civil Service).
Revision of the Laws. Volume IV, section 4293. Volume VII, section
2014.
Rivers and Harbors. Volume IV, section 4118. Volume VII, section 1832.
Roads. Volume VII, section 2065.
Rules. Volume IV, section 4321. Volume VII, section 2047.
Territories. Volume IV, section 4208. Volume VII, section 1941.
Ventilation and Acoustics. Volume IV, section 4313 (abolished).
COMMITTEES--Continued.
(2) Standing--Continued.
Creation and history of the standing committees severally--Continued.
War Claims. Volume IV, section 4269. Volume VII, section 2002.
Ways and Means. Volume IV, section 4020. Volume VII, section 1723.
Woman Suffrage. Volume VII, section 2074 (abolished).
World War Veterans' Legislation. Volume VII, section 2077.
(3) Joint.--Authorization of.
Joint committees are used infrequently in the legislative practice of
the two Houses of Congress. Volume IV, section 4408.
Form of concurrent resolution creating a joint committee. Volume IV,
section 4410.
Joint committees should be authorized by concurrent and not by joint
resolutions. Volume III, sections 1998, 1999.
A joint committee should be provided for by a concurrent and not a
joint resolution, and the resolution should not prescribe rule for the
proceedings of either House. Volume IV, section 4409.
The Joint Committee on the Library is a creature of the laws rather
than the rules, the statutes providing for it originally on it several
duties. Volume IV, section 4337.
The membership of the Joint Committee on the Library is fixed by law.
Volume IV, section 4338.
The powers of the Joint Committee on the Library reside with the Senate
portion in the recess after the expiration of a Congress. Volume IV,
section 4337.
The Joint Committee on Printing, while recognized by the rules, was
created by the statutes. Volume IV, section 4347.
The statutes empower either branch of the Joint Committee on Printing
to act in case of the nonexistence of the other. Volume IV, section
4347.
The Joint Committee on Printing has executive duties conferred by
statute. Volume IV, section 4347.
The two Houses, by simple and separate resolutions, sometimes appoint
committees to confer and report. Volume III, section 1936.
The House sometimes appoints a committee to act with a similar
committee from the Senate in relation to some questions of moment.
Volume I, section 3.
Joint committees of ceremony are provided for by simple and not
concurrent resolution. Volume V, section 7176.
Form of resolution authorizing a joint committee to notify the
President of the approaching adjournment of Congress. Volume V, section
6723.
When a joint committee is authorized by simple resolution the
resolution itself does not have the concurrent action of the two
Houses. Volume IV, section 4411.
In 1877 the House and Senate appointed committees to act jointly to
devise a method of counting the electoral vote. Volume III, section
1953.
Committees of the two Houses acting jointly to devise a plan for the
electoral count of 1821 reported different propositions, whereat
misunderstanding arose. Volume III, section 1936.
Sometimes the two Houses by concurrent action join two of their
standing committees and constitute them a joint committee. Volume IV,
sections 4412-4416.
The Senate has specially empowered its Committees on Printing, Enrolled
Bills, and the Library, to act in conjunction with similar House
committees. Volume IV, section 4416.
The statutes provide for the appointment of a joint committee of the
two Houses to consider reports as to destruction of useless papers in
the Executive Departments. Volume IV, section 4419.
A joint select committee expires with the session. Volume IV, section
4420.
Instance wherein a joint rule provided a joint committee for the next
Congress. Volume IV, section 4445.
COMMITTEES--Continued.
(3) Joint--Authorization of--Continued.
The House and Senate being invited to attend the Jamestown Exposition
appointed a joint committee to attend at a date after the expiration of
the term of the Congress. Volume V, section 7053.
Instance wherein a joint committee was authorized and appointed to
attend a ceremony occurring after the final adjournment of a Congress.
Volume V, section 7054.
(4) Joint.--Number of Members, Quorum, Voting, etc.
In the early days the House insisted on the larger portion of the
membership of a joint committee, and that the quorum and votes should
be on a per capita basis. Volume IV, section 4431.
The joint committee which arranged for the electoral count of 1857
consisted of a larger number of Representatives than Senators, as had
been the practice previously in reference to similar committees. Volume
III, section 1946.
Although a joint committee votes per capita, the membership from the
House is usually larger than that from the Senate. Volume IV, sections
4426-4430.
Instance wherein the Senate insisted on an equal representation on a
joint committee. Volume IV, section 4410.
A joint committee vote per capita, and not as representatives of the
two Houses. Volume IV, section 4425.
A quorum of a joint committee seems to have been considered to be a
majority of the whole number rather than a majority of the membership
from each House. Volume IV, section 4424.
The constitution of a joint committee, its quorum, chairman, etc.
Volume IV, section 4424.
The first named of the Senate members acted as chairman of the Joint
Committee on Conduct of the War. Volume IV, section 4424.
The Joint Committee on the Conduct of the War ordered that less than a
quorum should be sufficient to take testimony. Volume IV, section 4424.
(5) Joint.--Appointment of.
The Speaker sometimes appoints the House's portion of a proposed joint
committee before the Senate has concurred in constituting the
committee. Volume IV, section 4426.
Each House notifies the other by message of appointments of, or changes
in, its membership on a joint committee. Volume IV, sections 4417,
4418.
(6) Joint.--Reports, Instructions, and Sessions in Recess.
A joint committee may report in either House. Volume IV, section 4432.
A joint committee may report to both Houses, or to either House,
according to its instructions. Volume IV, sections 4421-4423.
A joint committee may be instructed by the two Houses acting
concurrently, or by either House acting independently. Volume IV,
sections 4421-4423.
Joint committees are authorized to sit during recess of Congress by
concurrent resolution. Volume IV, sections 4434, 4435.
Discussion of the procedure in the presentation and reference of
reports from commissions created by law and from joint committees of
the two Houses. Volume VI, section 371.
(7) Joint.--In general.
In early days a joint committee took enrolled bills to the President of
the United States. Volume IV, section 3432.
An instance where a joint committee asked of the President the return
of a bill. Volume IV, section 3505.
Arrangements for the inauguration of the President of the United
States, but not Vice-President, made by a joint committee of the two
Houses. Volume III, sections 1998, 1999.
It was held in order to refer a matter to a joint committee, although a
law directed that such matters be referred to the House members of the
said joint committee. Volume IV, section 4433.
COMMITTEES--Continued.
(7) Joint.--In general--Continued.
The House and Senate appointed a joint committee to attend the opening
of the Louisiana Purchase Exposition. Volume V, section 7054.
An instance wherein credentials of persons claiming to be Members-elect
were referred to a joint committee of the two Houses. Volume I, section
361.
A joint committee having taken testimony which incidentally related to
the right of a Member to his seat the same was reported to the House.
Volume I, section 607.
Suit having been filed against members of a joint committee, the House
granted permission to the members on the part of the House to enter
appearance in response to judicial process, while the Senate declared
it to be an invasion of constitutional privilege and directed the
Senate members of the committee to make no appearance in response
thereto. Volume VII, section 2164.
(8) Of conference.--Called ``Managers.''
The Members of a conference committee are properly called ``managers.''
Volume V, section 6335.
The conference managers from the two Houses constitute practically two
district committees, each of which acts by a majority. Volume V,
section 6334.
Each House determines for itself the number of its managers at a
conference. Volume V, sections 6328-6330.
(9) Of Conference.--Appointment of.
Since 1890 the rule has provided that conference committees be
appointed by the Speaker, although such has been the practice since the
earliest days of the House. Volume VIII, section 2192.
Motions to instruct he Speaker in the appointment of conference
committees have not been entertained. Volume VIII, section 2193.
Form of resolution approving designation of Speaker pro tempor and
authorizing him to sign enrolled bills and appoint committees. Volume
VI, section 272.
Instance wherein the Senate appointed seven conferees and the House
three on the same committee of conference. Volume VIII, section 3221.
In the later practice managers have generally been selected from the
committee that reported the measure, have been reappointed for later
conferences, and have embodied majority and minority representation.
Volume V, sections 6341-6344.
In the modern practice managers of a conference are usually selected
from the standing committee which reported the bill over which the
disagreement arises. Volume V, section 6336.
In appointing managers of a conference the Speaker usually consults the
Member in charge of measure. Volume V, section 6327.
In the earlier practice the managers were changed for a second
conference, and the Speaker did not particularly consider the committee
reporting the measure or the majority and minority divisions of the
House. Volume V, sections 6345-6351.
The practice of changing managers at a second and subsequent conference
was so fixed in the earlier practice that their reappointment had a
special significance. Volume V, sections 6352-6368.
The motion of the Member in charge of the bill as to the disposition of
a Senate amendment being disagreed to, and a conference being asked,
the conferees were so selected as to represent the attitude of the
House. Volume V, section 6369.
A Member at whose suggestion the report of a committee of which he was
not a member was modified, was appointed a conferee when the question
came to conference. Volume V, section 6370.
COMMITTEES--Continued.
(10) Of Conference.--Meeting of.
Conferences are generally held in the Senate portion of the Capitol and
with closed doors, although in rare instances Members and others have
been admitted to make arguments (footnote). Volume V, section 6254.
Conferees do not usually admit persons to make arguments before them.
Volume V, section 6263.
Instance wherein the Senate referred papers in the nature of petitions
to the managers of a conference. Volume V, section 6263.
(11) Of Conference.--In General.
Instructions to managers of a conference may not direct them to do that
which they might not otherwise do. Volume V, sections 6386, 6387.
A question being raised as to certain revenue amendments of the Senate
it was held in order to refer the constitutional question to the house
conferees in case there should be a conference. Volume II, section
1491.
A Member may be excused from service on a conference as on committees
only by permission of the House. Volume IV, section 4506.
According to the later practice the powers of a conference committee
which has not reported do not expire by reason of the termination of a
session of Congress, unless it be the last session. Volume V, sections
6260-6262.
A motion to refer a conference report to a standing committee has been
held out of order. Volume V, section 6558.
An early instance wherein committees of the two Houses held a
conference, not over disagreements to amendments, but over proposed
legislation. Volume V, section 6257.
A conference report has precedence of a report from the Committee on
Rules on which the yeas and nays and the previous question have been
ordered. Volume V, section 6449.
While it is in order to discuss proceedings of conference committees,
it has been held improper to criticize the conferees of the other House
in such a manner as to reflect on them in their official capacity.
Volume VI, section 568.
(12) In Impeachments.--Number of Committee Carrying the Message to the
Bar of the Senate.
The Blount impeachment was carried to the bar of the Senate by a single
Member of the House. Volume III, section 2294.
The Pickering impeachment was carried to the Senate by a committee of
two. Volume III, section 2319.
The impeachment of Justice Chase was carried to the Senate by a
committee of two. Volume III, section 2343.
The impeachment of Judge Peck was carried to the Senate by a committee
of two. Volume III, section 2367.
The impeachment of President Johnson was carried to the Senate by a
committee of two. Volume III, section 2412.
The impeachment of Secretary Belknap was carried to the Senate by a
committee of five. Volume III, section 2445.
(13) In Impeachments.--Constitution of the Committee Carrying the
Message.
The impeachment of Judge Humphreys was carried to the Senate by a
committee of two representing the two political parties. Volume III,
section 2385.
The Speaker appointed the committee to carry the impeachment of
President Johnson to the Senate from those favoring impeachment and
from the majority party. Volume III, section 2412.
The minority party were represented on the committee to carry the
impeachment of Secretary Belknap to the Senate. Volume III, section
2445.
The Speaker gave the minority representation on the committee to carry
the impeachment of Judge Delahay to the Senate. Volume III, section
2505.
COMMITTEES--Continued.
(13) In Impeachments.--Constitution of the Committee Carrying the
Message--Continued.
Constitituion of the committee to carry the Swayne impeachment to the
Senate. Volume III, section 2472.
(14) In Impeachments.--Declaration by, at Bar of Senate.
Form of declaration by House committee in presenting the impeachment of
Judge Pickering in the Senate. Volume III, section 2320.
Forms and ceremonies of presenting the impeachment of Judge Humphreys
in the Senate. Volume III, section 2386.
Form of declaration by the chairman of the House committee in
presenting the impeachment of President Johnson in the Senate. Volume
III, section 2413.
Forms and ceremonies of presenting the Archbald impeachment at the bar
of the Senate. Volume VI, section 501.
The ceremonies of presenting to the Senate the articles of impeachment.
Volume VI, section 515.
Managers and counsel made extended opening statements in the Archbald
trail, the managers outlining charges which they proposed to establish
and counsel for the respondent setting forth the contention that
impeachment could be sustained only on conviction of offenses
punishable in criminal court and controverting charges preferred in the
articles of impeachment. Volume VI, section 509.
The replication of the House to the answer of Judge Archbald was
submitted without signature. Volume VI, section 507.
(15) In Impeachments.--Report After Appearing in Senate.
Verbal report made by the House committee on returning from presenting
in the Senate the impeachment of Judge Pickering. Volume III, section
2320.
Verbal report made by the committee that had carried the impeachment of
Justice Chase to the Senate. Volume III, section 2343.
The committee having impeached President Johnson returned to the House
and reported orally in the usual form. Volume III, section 2413.
Having carried to the Senate the articles impeaching Judge Archbald,
the managers returned and reported verbally in the House. Volume VI,
section 501.
The managers having prepared a replication to the answer of Judge
Archbald, submitted it to the House for approval and adoption. Volume
VI, section 506.
No report, on the conclusion of the Archbald trial, was made to the
House by the managers, but the Senate, by message, announced the
judgment. Volume VI, section 512.
(16) In Impeachments.--For Drawing up Articles.
In the Blount impeachment the drawing up of the articles was confided
to a select committee with power to procure testimony. Volume III,
section 2297.
In the Blount impeachment the House, after discussion, empowered the
committee drawing the articles to sit during the recess of Congress.
Volume III, section 2297.
The committee appointed to prepare articles of impeachment in the
Blount case reported the evidence and later the articles. Volume III,
section 2300.
The committee appointed to prepare articles in the Chase case were all
of those who had favored the impeachment. Volume III, section 2343.
All of the committee who framed the article in the Peck case had voted
for the impeachment (footnote). Volume III, section 2368.
The committee to draw the articles in the Humphreys impeachment were
appointed by the Speaker, and all but one were of the majority party.
Volume III, section 2387.
The House authorized a committee of seven to prepare articles
impeaching President Johnson, with power to compel testimony. Volume
III, section 2412.
The Speaker appointed the committee to draw articles impeaching
President Johnson from those favoring impeachment and from the majority
party. Volume III, section 2412.
The work of drawing up the articles impeaching Secretary Belknap was
referred to the Judiciary Committee. Volume III, section 2444.
COMMITTEES--Continued.
(16) In Impeachments.--For Drawing up Articles--Continued.
In the Belknap case the committee in drawing up articles needed certain
special powers as to witnesses. Volume III, section 2447.
The House decided that the articles impeaching Judge Swayne should be
prepared by a select committee. Volume III, section 2472.
The Speaker in the committee to draw the articles in the Swayne case
gave minority representation to those opposed generally to the
impeachment. Volume III, section 2472.
(17) In Impeachments.--The Managers.
Mr. Speaker Colfax held that the managers of an impeachment were not a
committee. Volume III, section 2420.
Managers of an impeachment being no longer Members of the House by
reason of the expiration of their terms, successors were elected.
Volume VI, section 517.
In response to an objection by the managers to the designation ``board
of'' managers, contained in a communication incorporated in the record
of proceedings, the Secretary of the Senate was authorized to correct
the designation. Volume VI, section 508.
(18) In Impeachments.--Choice of Managers.
The managers of the Peck impeachment were chosen by ballot, a majority
vote being required for election. Volume III, section 2368.
Form of resolutions providing for selection of managers and the
presentation of the articles to the Senate in the Humphreys
impeachment. Volume III, section 2388.
The managers of the Johnson impeachment were chosen by ballot. Volume
III, section 2417.
Mr. Speaker Colfax tendered to several Members of the minority a place
as one of the tellers to count the ballots for managers of the Johnson
impeachment. Volume III, section 2417.
Members of the minority declining to serve as tellers to count the
ballots for managers of the Johnson impeachment the Speaker appointed
all from the majority party. Volume III, section 2417.
The House by resolution elected five managers, chosen from the
Committee on the Judiciary and from both parties, to carry the
impeachment of Judge Louderback to the Senate. Volume VI, section 514.
Form of resolution designating managers on the part of the House to
conduct the impeachment trial and instructing them to carry the
impeachment to the Senate. Volume VI, section 500.
A resolution providing for the selection of managers of an impeachment
was admitted as a matter of privilege. Volume VI, section 517.
The managers elected to conduct the Archbald trial on behalf of the
House of Representatives consisted of seven members of the Judiciary
Committee and represented both the majority and minority parties in the
House. Volume VI, section 500.
Instance wherein the number of managers of an impeachment was increased
after the institution of proceedings in the Senate. Volume VI, section
517.
The House decided to appoint the managers of the Belknap impeachment by
resolution instead of by ballot. Volume III, section 2448.
One of the managers of the Belknap impeachment being excused the House
chose another. Volume III, section 2448.
The House having excused a Member elected manager in the Pickering case
another was chosen by ballot. Volume III, section 2323.
A manager in impeachment proceedings is excused from service by
authority of the House. Volume III, section 2300.
Discussion of the power of the House to appoint managers to continue in
office in that capacity after the expiration of the term for which they
were elected to the House. Volume VI, section 517.
COMMITTEES--Continued.
(19) In Impeachments.--As to Divisions of Opinion Among Managers.
It seems to have been conceded in the Belknap impeachment that the
managers should be in accord with the sentiments of the House. Volume
III, section 2448.
The minority party were represented among the managers of the Belknap
impeachment. Volume III, section 2448.
All the managers in the Peck trial were of those who had voted for
impeachment. Volume III, section 2368.
The managers chosen for the trial of Justice Chase had each voted for a
portion at least of the articles. Volume III, section 2345.
The managers of the Humphreys impeachment were appointed by the
Speaker, and all but one belonged to the majority party. Volume III,
section 2388.
Constitution of the managers of the Swayne impeachment. Volume III,
section 2475.
(20) In Impeachment.--Chairman of Managers.
Mr. Speaker Colfax held that when managers of an impeachment were
elected by ballot the managers and not the House chose the chairman.
Volume III, section 2417.
Usage of the House in the selection of chairman of the managers of an
impeachment (footnote). Volume III, section 2417.
Method of designating the chairman of the managers in the Belknap
impeachment. Volume III, section 2448.
The chairman of managers of an impeachment having ceased to be a Member
the next in order succeeded to the chairmanship. Volume III, section
2306.
(21) In Impeachments.--Power of Investigation Given to Managers.
The managers of the impeachment of President Johnson were given leave
to sit during sessions of the House and power to compel testimony.
Volume III, section 2423.
The House gave to the managers appointed for the Johnson trial the
power to send for persons and papers. Volume III, section 2419.
With the adjournment of a court of impeachment the function of the
managers cease, but the House may continue them to complete an
investigation already begun. Volume III, section 1685.
The House has constituted the managers of an impeachment a select
committee of investigation. Volume IV, section 4400.
(22) To Act as Tellers for the Electoral Count.
Two tellers are appointed on the part of each House to tabulate the
votes in the electoral count. Volume III, section 1918.
While the Speaker has at times appointed the tellers for the electoral
count as of his own authority, yet the best considered opinion is that
the function belongs to the House itself (footnote). Volume III,
section 1961.
In 1921 the provision authorizing the naming of tellers, which on the
occasion of the electoral counts of 1909, 1913, and 1917 had been
incorporated in separate resolutions, was included in the original
resolution providing for the joint session. Volume VI, section 443.
In 1877 the Speaker appointed the tellers for the electoral count
without special authority from the House and named them all from the
majority party, a course which was followed by the President pro
tempore. Volume III, section 1954.
A teller appointed for the electoral count may be excused by authority
of the House. Volume III, section 1944.
Instance in which a teller resigned and suggested the appointment of a
successor. Volume VI, section 446.
Form of the duplicate reports made by the tellers at the electoral
count. Volume VI, section 443.
COMMITTEES--Continued.
(23) Commissions.
For performing duties after the expiration of the term of a Congress
commissions are created by law. Volume IV, section 4436.
A commission consisting of Members of the House and Senate and certain
members of the judiciary was provided by law to settle disputed
questions relating to the electoral count of 1877. Volume III, section
1953.
In 1877, in accordance with a provision of law, the House elected by
viva voce vote five members of the Electoral Commission. Volume IV,
section 4464.
In 1877 the House authorized its members of the Electoral Commission to
sit during the session of the House. Volume IV, section 4549.
The two Houses, by concurrent resolution, have assumed to extend the
powers of a joint committee beyond the adjournment of Congress, but
later action seems to recognize a law as to the proper instrumentality
for such purposes. Volume IV, sections 4437-4444.
A commission which acted and reported during the lifetime of a Congress
was created by concurrent resolution. Volume IV, section 4703.
A commission created by concurrent resolution and including persons not
Members of Congress in its membership reported like a committee. Volume
IV, section 4703.
A Senator, member of a joint commission created by law and appointed by
the Presiding Officers of the two Houses, respectively, tendered his
resignation in the Senate. Volume IV, section 4446.
There is some question as to the status of a report made from a
commission constituted by law. Volume IV, sections 4698-4701.
The report of a commission constituted by law is referred to a
committee when presented in the House. Volume IV, section 4702.
(24) Appointment of.--By the Speaker.
Unless otherwise specially ordered by the House, the Speaker appoints
the standing committees at the commencement of each Congress. Volume
IV, section 4448.
Since 1880 the appointment of select committees has by rule rested
solely with the Speaker. Volume IV, section 4470.
Since 1890 the rule has provided that conference committees be
appointed by the Speaker although such has been the practice since the
earliest days of the House. Volume IV, section 4470.
Reasons why the Speaker should not appoint to a vacancy on a committee
during a recess of Congress (footnote). Volume IV, section 4460.
Under the modern practice the Speaker appoints the standing committees
at his convenience, without specific direction by the House. Volume IV,
section 4448.
Although the rules required the Speaker to appoint the standing
committees, yet it was the invariable practice in former years for him
not to appoint until directed by order of the House. Volume IV, section
4457.
In the earlier but not in the later practice the Speaker filled
vacancies on committees only by the special direction of the House.
Volume IV, sections 4458-4460.
Before the adoption of rules the House sometimes authorizes the Speaker
to appoint certain necessary committees. Volume IV, sections 4455,
4456.
In the Fortieth Congress the Speaker did not appoint the committees,
except a few, until the closing days of the first session. Volume IV,
section 4454.
Dates at which the standing committees have been appointed in the last
fifty years (footnote). Volume IV, section 4452.
The delay of the Speaker in appointing the standing committees having
occasioned criticism, a resolution directing the appointment was
offered, but was disagreed to by the House. Volume IV, sections 4452,
4453.
A question as to the privilege of resolutions directing the Speaker in
regard to the appointment of committees in a certain way or for certain
purposes. Volume IV, sections 4461, 4462.
COMMITTEES--Continued.
(24) Appointment of.--By the Speaker--Continued.
A law providing that a committee of the House be ``chosen,'' the
Speaker never appointed without special sanction of the House. Volume
IV, sections 4465, 4466.
An order providing for the appointment on a committee of two Members of
the House ``by that body,'' the Speaker declined to appoint unless
directed by the House. Volume IV, section 4463.
(25) Appointment of.--When Charges are Made Against the Speaker.
The Speaker being implicated by certain charges, a Speaker pro tempore
selected from the minority party was empowered to appoint a committee
of investigation. Volume II, section 1286.
In 1825 the House ordered that the select committee to investigate the
conduct of the Speaker should be chosen by ballot. Volume IV, section
1362.
A select committee being authorized to investigate the conduct of the
Speaker they were appointed by the Member called to the chair as
Speaker pro tempore. Volume II, section 1364.
(26) Appointment of.--When the Speaker's Seat is Contested.
The seat of the Speaker being contested the Committee on Elections were
appointed by resolution of the House. Volume II, section 1361.
The Speaker's seat being contested he requested that the House relieve
him of the appointment of the Committee on Elections, and the request
was granted. Volume II, section 1360.
The Speaker's seat being contested the House directed that the
Elections Committee be appointed by the Speaker pro tempore. Volume I,
section 809.
(27) Appointment of.--By a Speaker Pro Tempore.
A Member called to the chair by the Speaker was permitted to appoint a
committee by vote of the House. Volume II, section 1360.
A Speaker pro tempore by designation merely asks consent of the House
before appointing committees. Volume II, section 1395.
A Member called to the chair to preside temporarily was special
authority by the House to appoint a committee. Volume II, section 1365.
A Speaker pro tempore whose designation has received the approval of
the House signs enrolled bills and appoints committees. Volume II,
section 1404.
(28) Appointments of.--Relative Functions of Speaker and The House.
Although the rules permit the House to direct that appointment of the
standing committees otherwise than by the Speaker the House has always
declined to exercise its power in this respect. Volume IV, sections
4450, 4451.
The motion directing the Speaker to appoint the committees has been to
the subject of an amendment proposing their appointment by the House.
Volume IV, section 4449.
Since 1880 the appointment of select committees has by rule rested
solely with the Speaker. Volume IV, section 4470.
Instances wherein the House declined to take from the Speaker the
appointment of select committees. Volume IV, sections 4475, 4476.
In 1821 the House ordered that its members of the Select Committee on
the Admission of Missouri be elected by ballot. Volume IV, section
4471.
A joint committee was chosen in 1821 to consider and report to the two
Houses whether or not it was expedient to make provision to admit
Missouri to the Union. Volume IV, section 4471.
When the Select Committee on the Admission of Missouri was chosen by
ballot a committee of three was appointed to count the ballots. Volume
IV, section 4471.
In 1839 and 1840 committees of investigation were elected by ballot.
Volume IV, sections 4472, 4473.
COMMITTEES--Continued.
(28) Appointments of.--Relative Functions of Speaker and the House--
Continued.
In 1832 a motion that the committee to investigate the Bank of the
United States be chosen by ballot was defeated by a tie vote. Volume
IV, section 4474.
A Member who had moved an investigation requested that he be not
appointed one of the committee, as he would have to appear as a
witness. Volume III, section 1827.
Instance wherein a Member who proposed an investigation was not made
one of the committee (footnote). Volume III, section 2646.
(29) Appointment of.--Majority and Minority Representation on.
The old rule of Parliament that none but those friendly to a bill
should be of the committee and the practice of party representation on
the standing committees of the House (footnote). Volume IV, section
4477.
As to proper ratio of majority and minority representation on
committees. Volume IV, section 4467.
The usage in relation to majority and minority representation on
committees. Volume IV, section 4478.
The ratios of majority and minority representation on the committees is
determined by the Speaker (footnote). Volume IV, section 4477.
It is the usage to carry out the principle of majority and minority
representation in appointing subcommittees. Volume IV, section 4551.
In appointing a committee to officiate at the administration of the
oath to President Fillmore the Speaker selected the majority, including
the chairman, from the political party of the President, which was the
minority party of the House. Volume III, section 1997.
The Senate constituted its committee to officiate at the administration
of the oath to President Fillmore with a majority from the minority
side of the Chamber. Volume II, section 1997.
(30) Appointment of.--Rank on.
The Speaker in filling vacancies on a committee sometimes designates
the rank of the appointee on the committee list. Volume IV, section
4489.
(31) Appointment of.--In Relation to the Oath, Contested Elections,
Accusations, etc.
A Member may be named on a committee before he is sworn. Volume IV,
section 4477.
Instance wherein a Member-elect was appointed on a committee long
before he took the oath. Volume IV, section 4483.
A Member-elect who had been appointed on a committee before taking the
oath not having appeared the Speaker, with the consent of the House,
appointed another Member to the vacancy. Volume IV, section 4484.
In the early days the House was often particular that an absent Member
should not be appointed or retained on a committee. Volume IV, sections
4485-4487.
A returned Member whose seat is contested is nevertheless eligible to
appointment on any committee. Volume II, section 1018.
The fact that a Member's seat is contested is not necessarily taken
into account in appointing him to committee. Volume IV, section 4488.
Members-elect, unofficially known to be under indictment or actually
convicted after indictment, but pending appeal, were yet appointed on
committees. Volume IV, section 4479.
Instance wherein a Senator accused of crime was omitted from committees
at his own request. Volume IV, section 4479.
Instances wherein Members have not been appointed on committees. Volume
IV, sections 4468, 4469.
(32) Election of.--In General.
The House elects the standing committees at the commencement of each
Congress. Volume VIII, section 2171.
A rule provides that vacancies in standing committee shall be filled by
election by the House. Volume VIII, section 2178.
COMMITTEES--Continued.
(32) Election of.--In General--Continued.
General increases have been made in the standing committees from time
to time. Volume VIII, section 2183.
A tabulation indicating changes in the size of the committees and the
establishment and discontinuance of committees since the Fifty-ninth
Congress. Volume VIII, section 2183.
An unwritten rule designates certain committees as ``exclusive
committees,'' election to any one of which precludes membership on any
other committee. Volume VII, section 2188.
Instances wherein Members have not been appointed on committees. Volume
VIII, section 2199.
The fact that a Member's seat is contested is not necessarily taken
into account in appointing him to committees. Volume VIII, section
2194.
Instance wherein the chairman of the committee on committees of the
majority caucus, by direction of the caucus, proposed changes in the
rules and the election of members to committees which were agreed to by
the House. Volume VIII, section 3619.
(33) Election of.--Proceedings in House on.
The House elects the standing committees at the commencement of each
Congress. Volume VIII, section 2171.
Motions and resolutions for the election of standing committees have
been presented as privileged. Volume VIII, sections 2179, 2182.
Motions for the election of Members to committees are debatable and are
subject to amendment. Volume VIII, section 2172.
It is in order to move the previous question on motions or resolutions
providing for the election of Members to standing committees. Volume
VIII, section 2174.
A rule provides that motions or resolutions to elect members of the
standing committees shall not be divisible. Volume VIII, sections 2175,
3164.
(34) Election of.--Bank on.
Rank on committees is fixed by the order in which elected, and, in
event of simultaneous election, by the order in which named in the
nomination resolution. Volume VIII, section 2195.
The House in electing committees designates the rank of Members in the
order in which their names appear on the list. Volume VIII, section
2179.
Instance wherein a Member who had been seated by the House in a
contested-election case was restored to original rank on committees.
Volume VIII, section 2196.
(35) Election of.--Majority and Minority Representation on.
Discussion of the ratio of majority and minority representation on
committees. Volume VIII, section 2184.
The ratio between the majority and minority parties on the standing
committees varies with the respective membership of the parties in the
House, and is fixed by the majority committee on committees. Volume
VIII, section 2187.
The majority have at times placed restrictions upon the selection of
minority representation on committees. Volume VIII, section 2188.
The ratio of majority and minority representation on the committees is
determined by the party majority on the floor. Volume VIII, sections
2186, 2187.
(36) Election of.--Party Caucus Functions on.
Nominations for assignments to the standing committees are made by the
committee on committees which reports them to the caucus for approval
and ratification. Volume VIII, section 3617.
In making up nominations for committees the majority delegate to the
minority, with certain reservations, the selection of minority
representation on the committees. Volume VIII, section 2172.
COMMITTEES--Continued.
(36) Election of.--Party Caucus Functions on--Continued.
The ratio between the majority and minority parties on the standing
committees varies with the respective membership of the parties in the
House, and is fixed by the majority committee on committees. Volume
VIII, sections 2186, 2187.
(37) Delegates on.
Delegates are appointed as additional Members of certain committees
where they possess the same powers and privileges as in the House, and
may make any motion except to reconsider. Volume II, section 1297.
Delegates are elected as additional members of certain committees,
where they possess the same powers and privileges and may make any
motion except to reconsider. Volume VI, section 242.
Reference to the first rule giving Delegates places on committees.
Volume V, section 6766.
Delegates have sometimes been appointed on committees other than those
mentioned in Rule XII. Volume II, section 1298.
A Delegate has been appointed chairman of a select committee. Volume
II, section 1299.
A Delegate was appointed chairman of a committee to inquire into the
conduct of a judge, and was authorized by the House to cause testimony
to be taken. Volume II, section 1303.
Instance wherein a Delegate was made chairman of a committee to
investigate the conduct of a judge. Volume III, section 2487.
Different views of the House as to the propriety of permitting a
Delegate to serve on a committee. Volume II, section 1297.
In the earlier practice delegates appear to have voted in committees,
but such is not the later rule, Volume II, sections 1300, 1301.
The rules give to the Resident Commissioner of Porto Rico the status of
a Delegate in the House, and assign to him an additional place on the
Committee on Insular Affairs. Volume II, section 1306.
(38) Chairmen of.--Method of Selection.
The chairmanship of a committee is determined by seniority, by
election, by the committee, or in case of the death of the chairman, by
appointment by the Speaker. Volume IV, section 4513.
In filling vacancies in chairmanships of committees the House has
usually, but not invariably, followed the rule of seniority and elected
the next ranking member of the committee. Volume VIII, section 2202.
The chairman of a committee having resigned his seat in the House the
committee elected a chairman. Volume IV, section 4529.
The chairman of a committee having resigned his seat in the House the
Speaker, by consent of the House, appointed a chairman. Volume IV,
section 4530.
An instance wherein a joint select committee elected its chairman.
Volume IV, section 4447.
A committee having elected a chairman has sometimes reported that fact
to the House. Volume IV, sections 4524, 4525.
It has been decided that it is not necessary for a committee to report
to the House the election of a chairman. Volume IV, sections 4526-
4528.
(39) Chairmen of.--Principle of Selection of, for Select.
It was the earlier usage of the House that the Member moving a select
committee should be appointed its chairman. Volume IV, sections 4514-
4516.
The inconvenience of the usage that the proposer of a committee should
be its chairman has caused it to be disregarded in modern practice.
Volume IV, sections 4517-4519.
In appointing committees of investigation it is evidently necessary to
disregard the former usage that the proposer of the committee should be
its chairman. Volume IV, sections 4520-4523.
COMMITTEES--Continued.
(39) Chairmen of.--Principle of Selection of, for Select--Continued.
An illustration of the inconvenience of the former practice of making
the Member proposing a select committee its chairman. Volume IV,
section 4671.
Instance wherein the appointment of the mover of an investigation as
chairman of the committee caused debate. Volume II, section 1596.
Instance wherein the Member proposing a committee of investigation was
appointed chairman. Volume II, section 1275.
Mr. John Randolph, who had moved the Chase investigation, was made
chairman of the committee. Volume III, section 2342.
(40) Chairmen of.--In General.
The chairman of a committee, with the permission of the House, may
resign as chairman, still remaining a member of the committee. Volume
IV, sections 4531, 4532.
Instance where the House by resolution proposed to authorize a chairman
of a subcommittee to administer oaths. Volume IV, section 4548.
An instance where the chairman of a select committee complained that
the majority of his committee had adjourned and thereby were failing to
perform the duty assigned them by the House. Volume IV, section 4518.
The chairman of a committee, acting as its organ, sometimes submits a
report in which he has not concurred. Volume IV, sections 4670, 4671.
Room of newly appointed chairmen of committees do not become vacant
until their appointment is confirmed by the House at the opening of
Congress and Members assigned to their rooms on March 4 are not
entitled to possession until the new chairman vacates. Volume VIII,
section 3655.
(41) Rooms, Furniture, Stationery, etc.
A resolution assigning a room to a committee presents a question of
privilege. Volume V, section 7273.
The control of the Speaker extends only to the ``unappropriated rooms'
of the House wing, and the House itself controls the disposition of the
other rooms. Volume V, sections 7273-7281.
The assignment of committee and other rooms in the House wing, custody
of documents, etc., have been considered by the Committee on Accounts.
Volume IV, section 4330.
The Doorkeeper has the custody of all the furniture, books, and public
property in the committee and other rooms under his charge. Volume I,
section 261.
The Clerk furnishes stationery to the several committees and to the
offices of the House. Volume II, sections 1161, 1162.
Stationery, blank books, and other papers necessary to legislation are
furnished to the House and Senate and their committees on requisition
of the Clerk of the House and Secretary of the Senate, respectively.
Volume V, section 7322.
(42) Papers and Custody Thereof.
A committee sometimes makes its clerk custodian of its papers, allowing
possession to Members only by permission of the committee. Volume IV,
section 4578.
Rights of a member of a committee in relation to papers referred to one
of its subcommittees. Volume IV, section 4577.
At the time of final adjournment of a Congress the clerks of committees
are required to deliver to the Clerk of the House the bills and other
papers referred to the committees. Volume V, section 7260.
Evidence taken by a committee under order of the House and not reported
to the House shall be delivered to the Clerk at the final adjournment
of the Congress. Volume V, section 7260.
No officer or employee should furnish any copy of any testimony given
or paper filed on any investigation before the House or any of its
committees. Volume III, section 2663.
COMMITTEES--Continued.
(42) Papers and Custody Thereof--Continued.
The House sometimes orders the Clerk to transmit a committee report to
the House in the next Congress. Volume IV, section 4678.
(43) Clerks of.--Authorization and Compensation of.
The assignment of committee clerks is within the jurisdiction of the
Committee on Accounts. Volume IV, section 4332.
An annual clerkship of a committee is authorized by a resolution
reported by the Committee on Accounts and agreed to by the House.
Volume IV, section 4534.
Session clerks are assigned to committees by resolution reported from
the Committee on Accounts and agreed to by the House. Volume IV,
section 4535.
The Kansas Committee of 1856 was empowered by the House to employ or
dismiss clerks and assistant Sergeants-at-Arms, and to administer oaths
to them. Volume III, section 1752.
Reference to statutes fixing the pay of session clerks of committees
(footnote), Volume IV, section 4535.
A session clerk is entitled to compensation only from the date when he
enters upon the discharge of his duties with the committee. Volume IV,
section 4536.
A clerk of a committee who ceased to hold office on December 21 was
held not to be entitled to the salary for the remainder of the month,
under the terms of a resolution directing the payment of salaries of
employees for that month on the 20th. Volume IV, section 4537.
The clerk of a committee being appointed a postmaster was held to be
entitled to his salary as clerk until his successor was appointed,
although his salary as postmaster had already begun. Volume IV, section
4538.
(44) Clerks of.--Appointment of.
Clerks of committees are appointed by the chairman, with the approval
of the committee, and are paid at the public expense. Volume IV,
section 4533.
Clerks and other employees of committees are appointed by the chairman,
with the approval of the committee, and are paid at the public expense.
Volume VIII, section 2206.
There is not legal power to fill a vacancy in the clerkship of a
committee after one Congress has expired and before the next House has
been organized. Volume IV, section 4539.
(45) Clerks of.--Oath and Privilege of.
The Clerk of the Joint Committee on the Conduct of the War was sworn.
Volume IV, section 4424.
Forms of oaths taken by clerks of committees. Volume IV, sections 4580-
4582.
An assault upon the clerk of a committee within the walls of the
Capital was held to be a breach of privilege. Volume II, section 1629.
Clerks of committees other than the clerk of the committee in charge of
the bill under consideration are not entitled to the privileges of the
floor. Volume VIII, section 3636.
(46) Stenographers of.
The Speaker appoints the official reporters of debates and
stenographers of committees. Volume V, section 6958.
Origin of the employment of committee stenographers. Volume V, section
6958.
Official stenographers to the standing committees of the House shall
not furnish transcripts of testimony adduced before such committees
without written authorization from the chairman of the committee.
Volume VIII, section 3459.
(47) Belief from Service on.
A Member may decline to serve on a committee only with permission of
the House. Volume IV, sections 4490-4493.
The request of a Member that he be relieved from service on a committee
is submitted to the House for approval. Volume IV, section 4507.
COMMITTEES--Continued.
(47) Relief from Service on--Continued.
The request of a Member that he be excused from committee service has
generally been treated as privileged, but as debatable to a very
limited extent only. Volume IV, sections 4508-4510.
While the House has usually granted requests of Members that they be
excused from committee service it has sometimes refused. Volume IV,
sections 4494-4505.
The Speaker may not relieve a Member from service on a committee to
which he has appointed him. Volume IV, section 4511.
Forms of resignations from committees. Volume VIII, section 2197.
Instance wherein Members failing to abide by the action of their party
caucus were disciplined by removal from committees or reduction in
rank. Volume VIII, section 3606.
(48) Speaker Serves Only on Committee on Rules.
Origin of the practice whereby the Speaker has become a member of the
Committee on Rules. Volume IV, section 4321.
A Member being elected Speaker after the organization of the House it
is assumed that his committee places are thereby vacated. Volume I,
section 230.
The election of a Member as Speaker is assumed to vacate any positions
on committees held by him previously. Volume IV, section 4512.
(49) Reference to.-- General Principles.
It is provided by rule that all proposed legislation shall be referred
to the standing committees in accordance with the jurisdiction which
the rules specify. Volume IV, section 4019.
The duty of preliminary approval of the Journal, the reference of bills
to committees and calendars, and similar matters of clerical routine
are largely delegated by the Speaker to the Clerk at the Speaker's
table. Volume VI, section 626.
Bills received from the Senate go the Speaker unless sooner called up
for consideration under the rules. Volume VI, section 727.
The Speaker declines to refer to the Committee on Appropriations
estimates or requests relating to appropriations transmitted through
other than official channels. Volume VII, section 1124.
The reference of a private bill is indorsed on it by the Member
introducing it, while the reference of a public bill is made by the
Speaker. Volume IV, section 3364.
The reference of private bills to committees is indicated by the
Member. Volume VII, section 1027.
A bill may not be divided among two or more committees, although it may
contain matters properly within the jurisdiction of several committees.
Volume IV, section 4372.
The parliamentary law provides that the House may commit a portion of a
bill or part to one committee and part to another. Volume V, section
5558.
A portion of a petition may be referred to one committee and the
remainder to another. Volume IV, sections 3359, 3360.
A committee may receive a petition only through the House. Volume IV,
section 4557.
It is in order to refer a matter to a committee before its Members have
been appointed. Volume IV, section 4555.
Prior to the election of committees, reference of bills is made as if
committees were in existence, and when committees are elected such
reference is effective without further formality. Volume VII, section
2102a.
It is in order for the House to refer a bill to any committee, though
such committee, under Rule XI, might not have original jurisdiction of
the bill. Volume V, section 5527.
The House may by vote refer a bill to any committee without regard to
the rules of jurisdiction. Volume IV, section 4375.
Rule for delivery of bills referred to a committee. Volume IV, section
4556.
COMMITTEES--Continued.
(49) Reference to.--General Principles--Continued.
No bill, petition, memorial, or resolution referred to a committee may
be brought back into the House on a motion to reconsider. Volume V,
section 5647.
There is a question as to whether or not the rule forbidding a bill to
be brought back from a committee on a motion to reconsider applies to a
case wherein the House after considering a bill commits it. Volume V,
sections 5648-5650.
Not only have vetoed bills been referred to committees, but in practice
those committees have often neglected to report (footnote). Volume IV,
section 3550.
In a rare instance the House committed a bill directly to the Committee
of the Whole before sending it to a standing or select committee.
Volume II, section 1363.
The House may refer a subject to a Committee of the Whole as well as to
a standing committee. Volume IV, section 4709.
Motions to change the reference of public bills are not open to debate
or subject to amendment. Volume IV, section 4378.
All documents referred to committees or otherwise disposed of are
printed, unless otherwise specially ordered. Volume IV, section 7315.
(50) Reference to.--President's Messages.
Formerly the annual message of the President was distributed by
resolution to the committees have jurisdiction, but since the first
session of the Sixty-fourth Congress the practice has been
discontinued. Volume VIII, section 3350.
A message from the President dealing with questions within the
jurisdiction of several committees may be divided for reference and
each subject referred to its appropriate committee. Volume VIII,
section 3349.
The reference of a message from the President to committees may be
changed by unanimous consent. Volume VIII, section 3351.
A message of the President is usually referred by direction of the
Speaker, but a Member may move a reference. Volume IV, section 4053.
In 1858 the House declined to refer a message of the President relating
to Kansas to the Committee on Territories and referred it to a select
committee with instructions. Volume IV, section 4518.
The Committee of the Whole, in distributing the President's message,
may refer portions to a standing or select committee with instructions.
Volume V, sections 6626, 6627.
The resolutions distributing the President's annual message are
reported by the Committee on Ways and Means. Volume V, sections 6621,
6622.
(51) Reference to.--Instructions, Papers from the Files, etc.
It has been held not in order to move to instruct a committee on the
first reference of a matter to it. Volume V, sections 5522-5525.
It is in order to refer a matter already under consideration to a
committee with instructions to report a bill forthwith, and such bill
being reported is in order for immediate consideration. Volume V,
section 5550.
The House may take from its files papers of a preceding Congress and
refer them to a committee with instructions. Volume V, section 7261.
The House may refer to a committee a report made in a preceding
Congress. Volume IV, section 4679.
The former practice of the Senate in relation to instructing
committees. Volume V, section 5525.
Where a matter is recommitted with instructions the committee must
confine itself within the instructions. Volume IV, section 4404.
When a bill is recommitted with instructions relating only to a certain
portion the committee may not review other portions. Volume V, section
5526.
COMMITTEES--Continued.
(52) Reference to.--By Recommittal.
A bill referred to a committee and reported therefrom is sometimes
recommitted. Volume V, section 5558.
When a report is recommitted the committee must take up the subject
anew, the former action being of no further account. Volume IV, section
4557.
When a bill is recommitted to the committee which reported it, the
whole question is before the committee anew, as if it had not been
before considered. Volume V, section 5558.
(53) Reference to.--Bills on the Speaker's Table.
Discretion of the Speaker is referring to committees bills on the
Speaker's table. Volume IV, section 3111.
Under the former rules a House bill with Senate amendments requiring to
be referred was referred by vote of the House. Volume IV, section 3105.
(54) Principles of Jurisdiction.--In General.
It is provided by rule that all proposed legislation shall be referred
to the standing committees in accordance with the jurisdiction which
the rules specify. Volume IV, section 4019.
A bill may be originated by a committee having jurisdiction of the
subject by reference of a petition or by order of the House. Volume IV,
section 3365.
A petition properly referred to a committee gives jurisdiction for
reporting a bill. Volume IV, section 4361.
It has generally been held that a committee may not report a bill
whereof the subject-matter has not been referred to it by the House.
Volume IV, sections 4355-4360.
Certain papers being sent to a committee as the basis of a decision and
report, the committee does not take into account other pertinent papers
in possession of the House. Volume I, section 559.
A committee appointed merely to ascertain facts, considers itself
without authority to submit a recommendation to the House. Volume II,
section 1649.
A committee having general authority to examine and recommend in
relation to an assault between two Members was held to have authority
also to recommend censure of other Members implicated. Volume II,
section 1656.
A House bill relating to the revenue, being returned with a Senate
amendment in the nature of a substitute relating to coinage, was in the
House referred to the committee having jurisdiction of the subject of
the original bill. Volume IV, section 4373.
The acts of the Executive Departments in submitting estimates are not
of effect in determinating questions of jurisdiction. Volume IV,
sections 4048, 4184.
(55) Principles of Jurisdiction.--As to Public Bills.
According to the later practice of the House the erroneous reference of
a public bill, if it remain uncorrected, in effect gives jurisdiction
to the committee receiving it. Volume IV, sections 4365-4371.
A public bill having been reported by a committee and being under
consideration in Committee of the Whole, it was held that the question
of jurisdiction might not then be considered. Volume IV, section 4372.
The House itself may refer a bill or resolution to any committee, and
jurisdiction is thereby conferred. Volume IV, sections 4362-4364.
(56) Principles of Jurisdiction.--As to Private Bills.
The erroneous reference of a petition or private bill referred by the
Member under the rule does not confer jurisdiction on the committee
receiving it. Volume IV, section 3364.
The erroneous reference of a private House bill to a committee not
entitled to jurisdiction does not confer it, and a point of order is
good when the bill comes up for consideration either in the House or in
Committee of the Whole. Volume IV, sections 4382-4389.
When the House itself refers a private House bill to a committee, the
point of order as to jurisdiction does not avail. Volume IV, section
4391.
COMMITTEES--Continued.
(56) Principles of Jurisdiction.--As to Private Bills--Continued.
The House having changed the reference to a private Senate bill from
one committee to another, a point of order as to the jurisdiction of
the latter committee, made after the bill was reported, was overruled.
Volume IV, section 4390.
A private bill, reported from a committee not having jurisdiction of
the subject, was ordered by the Speaker to be recommitted as a step
preliminary to a change of reference. Volume I, section 4392.
(57) Principles of Jurisdiction.--As to Bills Relating to Claims.
A bill for the payment of adjudication of any private claim against the
Government must be referred to one of these committees--Claims, War
Claims, Private Land Claims, Pensions, Invalid Pensions, Accounts.
Volume IV, section 4380.
A bill for the payment or adjudication of any private claim against the
Government must be referred to one of these committees: Invalid
Pension, Pensions, Claims, War Claims, Public Lands, Accounts. Volume
VII, section 2129.
A bill to provide a commission to settle claims against the Government
does not fall within the rule requiring private claims to be referred
only to certain specified committees. Volume IV, section 4381.
(58) Jurisdiction of the Several Standing Committees.--Accounts.
The rule gives to the Committee on Accounts jurisdiction of subjects
touching the expenditure of the contingent fund of the House, the
auditing and settling of all accounts that may be charged therein by
order of the House. Volume IV, section 4328.
Appropriations from the contingent fund reported by the Committee on
Accounts are not subject to the point of order that the jurisdiction of
report appropriations rests exclusively in the Committee on
Appropriations. Volume VII, section 2052.
The statutes provide that payments shall be made from the contingent
fund only when sanctioned by the Committee on Accounts. Volume VII,
section 2055.
Expenditures from the contingent fund, although payment on certificate
of chairman of Disbursing Committee is authorized by resolution, are
nevertheless subject to approval of the Committee on Accounts. Volume
VII, section 2056.
Resolutions pertaining to the service of the House are reported by the
Committee on Accounts. Volume VII, section 2053.
Subjects relating to the House restaurant and kitchen, formerly within
the jurisdiction of the Committee on Public Buildings and Grounds, have
been transferred by the House to the jurisdiction of the Committee on
Accounts. Volume VII, section 2054.
Resolutions authorizing the employment of persons by the House are
reported by the Committee on Accounts. Volume IV, section 4333.
Instance wherein payment of salary was made retroactive in compensation
of service actually rendered. Volume VII, section 2057.
The employment of persons in the service of the House having been
authorized, resolution designating individuals to fill such positions
are not necessarily reported by in Committee on Accounts. Volume VII,
section 2057.
Bills providing clerks for Members and Senators were reported by the
Committee on Accounts. Volume IV, section 4334.
The Committee on Accounts recommends to the House resolutions
authorizing and assigning clerks to committees. Volume IV, section
4331.
The assignment of committee clerks is within the jurisdiction of the
Committee on Accounts. Volume IV, section 4332.
The accountability of the officers of the House is within the
jurisdiction of the Committee on Accounts. Volume IV, section 4329.
The assignment of committee and other rooms in the House wing, custody
of documents, etc., have been considered by the Committee on Accounts.
Volume IV, section 4330.
COMMITTEES--Continued.
(58) Jurisdiction of the Several Standing Committees.--Accounts--
Continued.
The Committee on Accounts reserves the right to limit the franking
privilege on telegrams and declines to authorize the franking of
cablegrams. Volume VI, section 220.
The Committee on Accounts has, on occasion, been designated as the
committee through which the recommendations of the majority party
should be presented in the House. Volume VII, section 2058.
(59) Jurisdiction of the Several Standing Committees.--Agriculture.
The rules give to the Committee on Agriculture the jurisdiction of
subjects relating ``to agriculture and forestry'' and the
appropriations for the Department of Agriculture. Volume IV, section
4149.
The Committee on Agriculture has jurisdiction of subjects relating to
timber, and forest reserves other than those created from the public
domain. Volume IV, section 4160.
The adulteration of seeds, insect pests, protection of birds and
animals in forest reserves, grading of grain, etc., are subjects within
the jurisdiction of the Committee on Agriculture. Volume IV, section
4157.
The Committee on Agriculture has reported as to export bounties,
regulation of importation of trees, shrubs, etc., and as to the effects
of the tariff on agriculture. Volume IV, section 4155.
The animal industry, inspection of live stock and meat products, and
diseases of animals are subjects within the jurisdiction of the
Committee on Agriculture. Volume IV, section 4154.
The subject of improving the breed of horses, even with the improvement
of the cavalry as an object, belongs to the jurisdiction of the
Committee on Agriculture. Volume IV, section 4158.
Bills imposing an internal-revenue tax on oleomargarine are, by action
of the House, included within the jurisdiction of the Committee on
Agriculture. Volume IV, section 4156.
The Committee on Agriculture has exercised a general but not exclusive
jurisdiction of legislation relating to imitation dairy products,
manufacture of lard, etc. Volume IV, section 4156.
The subject of agricultural colleges and experiment stations is within
the jurisdiction of the Committee on Agriculture. Volume IV, section
4152.
Legislation relating to the Weather Bureau is within the jurisdiction
of the Committee on Agriculture. Volume IV, section 4151.
Bills to incorporate certain agricultural societies have been reported
by the Committee on Agriculture. Volume IV, section 4159.
The bills for establishing the Department of Agriculture and for
transferring certain bureaus to it were reported by the Committee on
Agriculture. Volume IV, section 4150.
Bills to discourage fictitious and gambling transactions in farm
products have been considered within the jurisdiction of the Committee
on Agriculture, even when an internal-revenue question was included.
Volume IV, section 4161.
The subject of a highway commission has been considered by the
Committee on Agriculture. Volume IV, section 4153.
(6) Jurisdiction of the Several Standing Committees.--Alcoholic Liquor
Traffic.
The rule gives to the Committee on Alcoholic Liquor Traffic
jurisdiction of subjects relating ``to alcoholic liquor traffic.''.
Volume IV, section 4305.
Illustrations of the jurisdiction of the Committee on Alcoholic Liquor
Traffic. Volume IV, section 4506.
(61) Jurisdiction of the Several Standing Committees.--Appropriations.
The Committee on Appropriations has jurisdiction of appropriations for
the support of the Government. Volume VII, section 1741.
COMMITTEES--Continued.
(61) Jurisdiction of the Several Standing Committees.--Appropriations--
Continued.
To provide that an appropriation already made shall be available for a
different purpose is an appropriation and exclusively within the
jurisdiction of the Committee on Appropriations. Volume VII, section
1744.
The Committee on Appropriations having jurisdiction of all general
appropriations, including deficiencies, has authority to report bills
including items to be immediately available. Volume VII, section 1743.
A proposition to render an annual appropriation available until
expended is in effect an appropriation for succeeding years and is not
within the jurisdiction of a committee other than the Committee on
Appropriations. Volume VII, section 2145.
The Committee on Appropriations is authorized to report in an
appropriation bill any legislative proposition in order on such bill
under the rules. Volume VII, section 1510.
The Committee on Appropriations, while without general jurisdiction to
report legislation, may under the Holman rule propose germane
legislation retrenching expenditure. Volume VII, section 1505.
Bills taken up for consideration from the discharge calendar are not
subject to the prohibition provided by section 2 of Rule XXI
interdicting consideration of appropriations not reported by the
Committee on Appropriations. Volume VII, section 1019a.
In order to come within the proviso of clause 2 of Rule XXI, a
proposition must come officially from the committee having jurisdiction
and not as an integral part of an appropriation bill reported by the
Committee on Appropriations. Volume VII, section 1562.
The Committee on Appropriations has jurisdiction of legislative,
executive, judicial, and sundry civil expenses of the Government.
Volume IV, section 4032.
The services of the Departments in Washington, except the Agricultural
Department, are appropriated for in the legislative, executive, and
judicial bill, which is reported by the Committee on Appropriations.
Volume IV, section 4033.
The Appropriations Committee reports the appropriations for
fortifications and coast defenses, the District of Columbia, and
pensions. Volume IV, section 4032.
All appropriations for deficiencies are reported by the Committee on
Appropriations. Volume IV, section 4032.
Deficiencies are not in order on appropriation bills reported by
committees other than the Committee on Appropriations. Volume IV,
section 3563.
While the Committee on Appropriations has jurisdiction to report
appropriations, the power to report legislation authorizing
appropriations belongs to other committees. Volume IV, section 4033.
The jurisdiction of the Committee on Appropriations over appropriations
as related to the jurisdiction of other committees having the power of
reporting appropriation bills. Volume IV, section 4033.
Appropriations for barracks and quarters for troops of the seacoast
artillery are within the jurisdiction of the Committee on
Appropriations, and not of the Committee on Military Affairs. Volume
IV, section 4049.
The appropriations for field guns and their appurtenances belong within
the jurisdiction of the Committee on Appropriations. Volume IV,
sections 4042-4044.
Appropriations for vessels for submarine mine and torpedo work in
connection with coast defenses belong to the jurisdiction of the
Committee on Appropriations. Volume IV, section 4048.
An appropriation for torpedoes for harbor defense is within the
jurisdiction of the Committee on Appropriations (footnote). Volume IV,
section 4042.
The Appropriations Committee may report appropriations in fulfillment
of contracts authorized by law for the improvement of rivers and
harbors. Volume IV, section 4036.
Contingent expenses in the Bureaus of the Navy Department are
appropriated for in the legislative and not the naval bill. Volume IV,
section 4038.
COMMITTEES.--Continued.
(61) Jurisdiction of the Several Standing Committees.--Appropriations--
Continued.
Respective jurisdictions of Committees on Appropriations and Naval
Affairs over appropriations for ocean and lake surveys. Volume IV,
sections 4040, 4041.
The maintenance and equipment of arsenals and armories are within the
jurisdiction of the Appropriations Committee, while the Military
Affairs Committee has charge of the manufacture of small arms,
equipments, etc. Volume IV, sections 4045-4047.
Awards of money to foreign nations in pursuance of treaties for the
adjustment of claims or as acts of grace and have been reported by the
Committee on Appropriations. Volume IV, section 4050.
The Appropriations Committee reports appropriations in fulfillment of
treaty stipulations with Indian tribes. Volume VII, section 1742.
Appropriations compensating heirs of foreigners killed by mobs have
come within the jurisdiction of the Committee on Appropriations. Volume
IV, section 4053.
(62) Jurisdiction of the Several Standing Committees.--Banking and
Currency.
The rule assigns to the Committee on Banking and Currency jurisdiction
of subjects relating to ``banking and currency.'' Volume IV, section
4082.
A legislative proposition to maintain the parity of the money of the
United States was reported by the Committee on Banking and Currency.
Volume IV, section 4089.
The strengthening of public credit, issues of notes and taxation,
redemption, etc., thereof, and authorization of bond issues in
connection therewith have been considered by the Committee on Banking
and Currency. Volume IV, section 4084.
The jurisdiction of the subject of the issue of silver certificates as
currency was given to the Committee on Banking and Currency. Volume IV,
sections 4087, 4088.
The Committee on Banking and Currency has reported on the designation
of depositories of public moneys. Volume VII, section 1794.
The Committee on Banking and Currency has reported generally on the
subject of national banks, and also on the subject of current deposits
of public moneys. Volume IV, section 4083.
Legislation relating to national banks, including bills granting
charters to such banks, and providing penalties for their
mismanagement, is within the jurisdiction of the Committee on Banking
and Currency. Volume VII, section 1790.
A bill to incorporate an international bank was reported by the
Committee on Banking and Currency. Volume IV, section 4086.
The Committee on Banking and Currency has jurisdiction of subjects
relating to the Freedman's Bank. Volume IV, section 4085.
The administration of the War Finance Corporation, the provision of
credits for essential industries, and the supervision of the issuance
of related securities are subjects within the jurisdiction of the
Committee on Banking and Currency. Volume VII, section 1795.
Legislation relating to establishment and operation of Federal Reserve
Banks, including authorization of construction of Federal Reserve bank
buildings, belongs within the jurisdiction of the Committee on Banking
and Currency. Volume VII, section 1793.
Subjects relating to rural credits and farm-loan legislation, including
the extension of rural-credit legislation to the territories, come
within the jurisdiction of the Committee on Banking and Currency.
Volume VII, section 1791.
Bills providing for stabilization of currency, formerly held to be
within the jurisdiction of the Committee on Coinage, Weights, and
Measures, are now considered by the Committee on Banking and Currency.
Volume VII, section 1791.
The Banking and Currency Committee exercises jurisdiction of bills
establishing legal tender, stabilizing currency and maintaining parity
of moneys issued. Volume VII, section 1792.
COMMITTEES--Continued.
(63) Jurisdiction of the Several Standing Committees.--Census.
The rule confers on the Committee on the Census jurisdiction of ``all
proposed legislation concerning the census and the apportionment of
Representatives.'' Volume IV, section 4351.
The abridgement of the elective franchise with reference to
apportionment as well as the collection of general statistics have been
considered by the Committee on Census. Volume IV, section 4352.
(64) Jurisdiction of the Several Standing Committees.--Civil Service.
The Committee on the Civil Service has exercised a general jurisdiction
over bills relating to the status of officers, clerks, and employees in
the civil branches of the Government. Volume VII, section 2018.
The Committee on the Civil Service exercises exclusive jurisdiction of
subjects relating to the retirement of employees in the classified
civil service. Volume VII, section 2021.
The classification of employees in the civil branches of the Government
and their salaries are subjects within the jurisdiction of the
Committee on the Civil Service. Volume VII, section 2020.
Legislative propositions relating to the Bureau of Efficiency and needs
of personnel in the executive departments belong to the jurisdiction of
the Committee on the Civil Service and not to the Committee on the
Judiciary. Volume VII, section 2022.
The covering of post office departmental positions into the classified
service is a subject within the jurisdiction of the Committee on the
Civil Service and not the Committee on the Post Office and Post Roads.
Volume VII, section 2019.
The rule gives to the Committee on Reform in the Civil Service
jurisdiction of subjects relating ``to reform in the civil service.''
Volume IV, section 4296.
Matters relating to the Civil Service Commission and alleged violations
of the law have been reported by the Committee on Reform in the Civil
Service. Volume IV, section 4298.
The Committee on Reform in the Civil Service has exercised a general
jurisdiction over bills relating to the status of officers, clerks, and
employees in the civil branches of the Government. Volume IV, section
4297.
(65) Jurisdiction of the Several Standing Committees.--Claims.
Legislative propositions relating to private claims against the
Government are within the exclusive jurisdiction of the Committee on
Claims and items in bills reported by the Committee on Appropriations
providing for reimbursement for such claims are subject to a point of
order. Volume VII, section 1994.
General bills providing for the consideration and adjudication of
classes of claims are within the jurisdiction of the Committee on
Claims. Volume VII, section 2001.
The rule gives to the Committee on Claims jurisdiction of subjects
relating ``to private and domestic claims and demands, other than war
claims, against the United States.'' Volume IV, section 4262.
The Committee on Claims, in exercising its jurisdiction, reports bills
which make appropriations from the Treasury. Volume IV, section 4262.
The Committee on Claims has reported general as distinguished from
special bills providing for disposition of classes of claims, like the
French Spoliation claims, by the Court of Claims. Volume IV, section
4263.
Bills authorizing the refund of customs duties have been reported by
the Committee on Claims. Volume VII, section 1997.
Legislative proposals relating to claims for expenses incurred under
direction of the Army and claims of Army personnel belong to the
jurisdiction of the Committee on Claims and not the Committee on
Military Affairs. Volume VII, section 1998.
Bills relating to claims of Postmasters for unavoidable losses are
within the jurisdiction of the Committee on Claims and not of the
Committee on the Post Office and Post Roads. Volume VII, section 1999.
COMMITTEES--Continued.
(65) Jurisdiction of the Several Standing Committees.--Claims--
Continued.
A bill providing relief for loss of property resulting from flood due
to failure of an irrigation dam erected under authorization of
legislation reported by the Committee on Public Lands was transferred
from that committee to the Committee on Claims. Volume VII, section
2000.
The Committee on Claims has shared in jurisdiction over public bills
for adjusting accounts between the United States and the several States
and Territories. Volume IV, section 4267.
Legislative propositions relating to claims of a Territory against the
United States are within the jurisdiction of the Committee on Claims.
Volume VII, section 1996.
Bills for the redemption of lost bonds, checks, and coupons are
reported by the Committee on Claims. Volume IV, section 4266.
Appropriations for payment of French Spoliation claims being included
in a private bill reported by the Committee on War claims, the Chairman
of the Committee of the Whole House ordered them stricken out, as
belonging to the jurisdiction of the Committee on Claims. Volume IV,
section 4265.
The jurisdiction of French Spoliation claims belongs to the Committee
on Claims. Volume IV, section 4264.
The relief of Government employees for losses sustained by reason for
unmerited discharge or the undeserved infliction of penalties is a
subject within the jurisdiction of the Committee on Claims. Volume VII,
section 1995.
General Legislation for the relief of Government employees injured in
the discharge of their official duties is within the jurisdiction of
the Committee on the Judiciary and not the Committee on Claims. Volume
VII, section 1777.
The Committee on Claims has jurisdiction over appropriations for the
payment of claims other than war claims against the United States and
items providing appropriations for such purposes in bills reported by
the committee are not subject to the point of order that jurisdiction
to report appropriations rests exclusively in the Committee on
Appropriations. Volume VII, section 1992.
(66) Jurisidiction of the Several Standing Committees.--Coinage,
Weights, and Measures.
The rule gives to the Committee on Coinage, Weights, and Measures
jurisdiction of the subject of ``coinage, weights, and measures.''
Volume IV, section 4090.
Bills for defining and fixing the standard of value and regulating
coinage and exchange of coin are within the jurisdiction of the
Committee on Coinage, Weights, and Measures. Volume IV, section 4095.
Authorization for issuance of souvenir and commemorative coins is
reported by the Committee on Coinage, Weights, and Measures. Volume
VII, section 1801.
Subjects relating to mints and assay offices are within the
jurisdiction of the Committee on Coinage, Weights, and Measures. Volume
IV, section 4094.
Subjects relating to mints and assay offices are within the
jurisdiction of the Committee on Coinage, Weights, and Measures. Volume
VII, section 1798.
Subjects relating to the coinage of silver and purchase of bullion have
been within the jurisdiction of the Committee on Coinage, Weights, and
Measures. Volume IV, section 4093.
A bill relating to Hawaiian coinage was reported by the Committee on
Coinage, Weights, and Measures. Volume IV, section 4092.
Legislation relating to the establishment of legal standards of value
in insular possession of the United States is considered by the
Committee on Coinage, Weights and Measures. Volume VII, section 1802.
Bills for the establishment of a standardizing bureau and the adoption
of the metric system have been reported by the Committee on Coinage,
Weights and Measures. Volume IV, section 4091.
COMMITTEES--Continued.
(66) Jurisdiction of the Several Standing Committees.--Coinage,
Weights, and Measures--Continued
The Committee on Coinage, Weights, and Measures exercises jurisdiction
over legislation providing for the establishment of standard packages
and grades in interstate commerce. Volume IV, section 1799.
The Committee on Coinage, Weights, and Measures has jurisdiction over
the establishment of standard weights and measures for cereal mill
products, foodstuffs, and commercial feeds. Volume VII, section 1800.
Bills providing for stabilization of currency, formerly held to be
within the jurisdiction of the committee on Coinage, Weights, and
Measures, are now considered by the Committee on Banking and Currency.
Volume VII, section 1796.
(67) Jurisdiction of the Several Standing Committees.--Disposition of
Useless Executive Papers.
The Joint Committee on Disposition of Useless Executive Papers, while
recognized by the rules, was created by the statutes. Volume VII,
section 2100.
The status provide for the appointment of a Joint Committee of the two
Houses to consider reports as to destruction of unless papers in the
Executive Departments. Volume VII, section 2100.
The rule gives to the joint Committee on Disposition of Useless
Executive papers jurisdiction over ``all proposed legislation
concerning the disposition of useless executive papers.'' Volume VII,
section 2100.
(68) Jurisdiction of the Several Standing Committees.--District of
Columbia.
The rule gives to the Committee for the District of Columbia
jurisdiction of subjects relating ``to the District of Columbia, other
than appropriations therefore.'' Volume IV, section 4276.
The Committee for the District of Columbia reports bills proposing
legislation as to the general municipal affairs of the District. Volume
IV, section 4277.
Bills for framing a municipal code and amending the criminal laws and
corporation laws in the District have been within the jurisdiction of
the Committee for the District of Columbia. Volume IV, section 4287.
The Committee for the District of Columbia has reported bills for the
incorporation of organizations and societies. Volume IV, section 4288.
The jurisdiction of the Committee for the District of Columbia as to
matters affecting the higher courts of the District has been
exceptional rather than general. Volume IV, section 4291.
The Committee for the District of Columbia has exercised jurisdiction
as to the police and juvenile courts and justices of the peace in the
District. Volume IV, section 4290.
The Committee for the District of Columbia has exercised jurisdiction
as to bills relating to executors, administrators wills, and divorce in
the District. Volume IV, section 4289.
Harbor regulations for the District and the bridge over the Eastern
Branch have been within the jurisdiction of the Committee for the
District of Columbia. Volume IV, section 4286.
The Government Hospital for the Insane and Congressional Cometary have
been within the jurisdiction of the Committee on the District of
Columbia. Volume IV, section 4285.
Subjects relating to the health of the District, sanitary and
quarantine regulations, etc., have been within the jurisdiction of the
Committee for the District of Columbia. Volume IV, section 4284.
Bills relating to holidays in the District have been reported by the
Committee for the District of Columbia. Volume IV, section 4283.
Bills for the protection of fish and game within the District of
Columbia have been reported by the Committee for the District of
Columbia. Volume IV, section 4282.
COMMITTEES--Continued.
(68) Jurisdiction of the Several Standing Committees.--District of
Columbia--Continued.
The Committee for the District of Columbia has exercised general
jurisdiction of bills for the regulation of the sale of intoxicating
liquors in the District. Volume IV, section 4281.
The subject of adulteration of food, drugs, etc., in the District is
within the jurisdiction of the Committee for the District of Columbia.
Volume IV, section 4280.
The subject of tax sales and taxes in the District is within the
jurisdiction of the Committee for the District of Columbia. Volume IV,
section 4279.
The Committee for the District of Columbia has exercised jurisdiction
generally of the subject of insurance in the District. Volume IV,
section 4278.
Bills for preserving public order, etc., within the District at times
of inaugurations have been reported by the Committee for the District
of Columbia. Volume IV, section 4292.
(69) Jurisdiction of the Several Standing Committees.--Education.
The rule gives to the Committee on Education jurisdiction of subjects
relating ``to education.'' Volume IV, section 4242.
Illustrations of the general jurisdiction of the Committee on
Education. Volume IV, section 4243.
(70) Jurisdiction of the Several Standing Committees.--Election of
President, Vice-President, and Representatives in Congress.
The rule gives to the Committee on Election of President, Vice-
President, and Representatives in Congress jurisdiction of subjects
relating to the election of the officials enumerated in the
designation. Volume IV, section 4299.
The Committee on Election of President, Vice-President, and
Representatives in Congress has reported bills relating to the national
election laws and the enforcement thereof. Volume IV, section 4301.
Changes in the law regarding the electoral count and resolutions
regulating the actual count by the House and Senate are within the
jurisdiction of the Committee on Election of President, Vice-President,
and Representatives in Congress. Volume IV, section 4303.
Subjects relating to the succession of the office of President in case
of his death, disability, etc., have been within the jurisdiction of
the Committee on the Election of President, Vice-President, and
Representatives in Congress. Volume IV, section 4304.
Proposed changes of the Constitution as to the terms of Congress and
the President, and the time of annual meeting of Congress, have been
considered by the Committee on Election of President, Vice-President,
and Representatives in Congress. Volume IV, section 4302.
The Committee on Election of President, Vice-President, and
Representatives in Congress has reported proposed constitutional
amendments providing for election of Senators by the people and the
disqualification of polygamists as Representatives. Volume IV, section
4300.
(71) Jurisdiction of the Several Standing Committees.--Elections.
The Committee on Elections No. 1 has exercised jurisdiction over bills
revising the law governing proceedings in contested-election cases.
Volume VII, section 1722.
The rules give to the jurisdiction of the respective committees on
elections subjects ``relating to the election of Members.'' Volume IV,
section 4019.
In the earlier practice the credentials of Members were passed on by
the Elections Committee (footnote). Volume I, section 764.
Distinction between qualifications and returns and election as related
to jurisdiction of the Committee on Elections. Volume VII, section 946.
The House referred a question as to the qualifications of a Member to
an elections committee instead of to a select committee. Volume I,
section 426.
COMMITTEES--Continued.
(71) Jurisdiction of the Several Standing Committees.--Elections--
Continued.
Where the fact of election was not disputed the House seated a Member-
elect without reference to the elections Committee, although the State
authority had denied him credentials. Volume I, section 553.
The Elections Committee has no authority to alter or suppress improper
pleadings in the notice and answer. Volume II, section 1125.
An election case having been suspended by the assassination of
contestant the House directed the Elections Committee to inquire and
report as to further proceedings. Volume II, section 1018.
The House has given to a committee the right to decide on either the
prima facie or final right to a seat before authorizing the oath to be
administered to a Delegate. Volume I, section 471.
The committee having reported a conclusion in an election case the
House declined to pass judgment on the propositions leading to the
conclusion. Volume I, section 786.
The House having historic knowledge of an election contest referred the
subject to the committee with instructions, although neither party was
petitioning. Volume I, section 791.
Motions to suppress testimony in an election case already printed under
the law were disregarded by the Elections Committee. Volume I, section
425.
An early instance wherein the House overruled the report of the
majority of the Elections Committee. Volume I, section 783.
(72) Jurisdiction of the Several Committees.--Enrolled Bills.
The rule confers on the Committee on Enrolled Bills ``the enrollment of
engrossed bills.'' Volume IV, section 4350.
Present practice of comparison of bills for enrollment under direction
of the Committee on Enrolled Bills. Volume IV, section 3440.
(73) Jurisdiction of the Several Standing Committees.--Expenditures in
the Executive Departments.
The rule gives to the Committee on Expenditures in the Executive
Departments jurisdiction of the pay of officers, abolition of useless
offices, and the economy and accountability of officers. Volume VII,
section 2041.
Examples of the general jurisdiction of the Committee on Expenditures
in the Executive Departments. Volume VII, section 2042.
Bills relating to leaves of absence of officers and clerks of the
Government were considered by the several committees on expenditures.
Volume VII, section 2043.
Resolutions providing for investigations in the departments of the
Government come within the jurisdiction of the several expenditures
committees and not the Committee on Rules. Volume VII, section 2045.
A bill providing for a more expeditious settlement of money claims
against the United States was on reconsideration referred to the
Committee on Expenditures. Volume VII, section 2046.
The examination of the accounts of the departments, independent
establishments, and commissions of the Government, proper application
of public moneys, enforcement of payment of money due the Government,
and economy and retrenchment generally are within the jurisdiction of
the Committee on Expenditures in the Executive Departments. Volume VII,
section 2041.
The rule gives to the several committees on expenditures jurisdiction
of the pay of officers, abolition of useless offices, and the economy
and accountability of officers. Volume IV, section 4315.
The examination of the accounts of the Departments, proper application
of public moneys, enforcement of payment of money due the Government,
and economy and retrenchment generally are within the jurisdiction of
the several committees on expenditures. Volume IV, section 4315.
COMMITTEES--Continued.
(73) Jurisdiction of the Several Standing Committees.--Expenditures in
the Executive Departments--Continued.
Bills relating to the efficiency and integrity of the public service
have been considered by the several committees on expenditures. Volume
IV, section 4320.
Bills relating to leaves of absence of officers and clerks of the
Government have been considered by the several committees on
expenditures. Volume IV, section 4319.
The committees on Expenditures in the Several Departments have reported
bills creating and abolishing offices and employments. Volume IV,
section 4318.
Legislative propositions relating to the fees and salaries of officers
and employees of the Government have been considered by the various
committees on expenditures. Volume IV, section 4317.
The several expenditures committees may make investigations with or
without specific direction from the House, but authority must be
obtained of the House for compelling testimony. Volume IV, section
4316.
Examples of the general jurisdiction of the former expenditures
committees. Volume VII, section 2044.
(74) Jurisdiction of the Several Standing Committees.--Flood Control.
The rule gives to the Committee on Flood Control jurisdiction of
subjects relating ``to flood control, other than appropriations
therefor.'' Volume VII, section 2069.
A bill authorizing an appropriation for the straightening and
broadening of a river for the purpose of relieving flood conditions was
referred to the Committee on Flood Control. Volume VII, section 2073.
Plans for flood protection and the extent to which the United States
should cooperate with the States therein are subjects within the
jurisdiction of the Committee on Flood Control rather than of the
Committee on Rivers and Harbors. Volume VII, section 2071.
The Committee on Flood Control has reported legislation authorizing
surveys and construction with a view to flood control. Volume VII,
section 2070.
(75) Jurisdiction of the Several Standing Committees.--Foreign Affairs.
The rules give to the Committee on Foreign Affairs jurisdiction of
``the relations of the United States with foreign nations, including
appropriations therefor.'' Volume IV, section 4162.
The participation by the United States in a World Court of
International Justice is a subject within the jurisdiction of the
Committee on Foreign Affairs. Volume VI, section 326.
Bills to carry out the stipulations of treaties are often reported by
the Committee on Foreign Affairs. Volume IV, section 4178.
The Committee on Foreign Affairs has exercised jurisdiction of the
subjects of commercial treaties and reciprocal arrangements. Volume IV,
section 4174.
Measures for fostering commercial intercourse with foreign nations and
for safeguarding American business interests abroad have been
considered by the Committee on Foreign Affairs. Volume IV, section
4175.
The boundaries between the United States and foreign nations, and naval
strength, bridges, and dams on waters along such boundaries are
subjects within the jurisdiction of the Committee on Foreign Affairs.
Volume IV, section 4166.
Control of the waters, and preservation of natural resources, of
international boundary streams are within the general but not the
exclusive jurisdiction of the Committee on Foreign Affairs. Volume VII,
section 1881.
Resolutions of intervention abroad and declarations of war are within
the jurisdiction of the Committee on Foreign Affairs. Volume IV,
section 4164.
Resolutions of intervention abroad and declarations of war and peace
are within the jurisdiction of the Committee on Foreign Affairs. Volume
VII, section 1880.
The general affairs of the Consular Service and the acquisition of land
and buildings for legations in foreign capitals are within the
jurisdiction of the Committee on Foreign Affairs. Volume IV, section
4163.
COMMITTEES--Continued.
(75) Jurisdiction of the Several Standing Committees.--Foreign
Affairs--Continued.
The general affairs of the Consular Service and the acquisition of land
and buildings for legations in foreign capitals are within the
jurisdiction of the Committee on Foreign Affairs. Volume VII, section
1879.
Bills creating courts of the United States in foreign countries are
within the jurisdiction of the Committee on Foreign Affairs. Volume IV,
section 4167.
The Committee on Foreign Affairs has exercised a general but not
exclusive jurisdiction over projects of general legislation relating to
claims having international relations. Volume IV, section 4168.
The Committee on Foreign Affairs has exercised general but not
exclusive jurisdiction over projects of general legislation pertaining
to claims \1\ having international relations. Volume VII, section 1882.
Questions relating to the protection of American citizens abroad and
expatriation belong to the jurisdiction of the Committee on Foreign
Affairs. Volume IV, section 4169.
Questions relating to the protection of American citizens abroad and
expatriation belong to the jurisdiction of the Committee on Foreign
Affairs. Volume VII, section 1883.
The enforcement of treaty regulations as to the protection of the fur
seals has been considered by the Committee on Foreign Affairs. Volume
IV, section 4170.
The treaty rights of American fishermen in waters adjacent to foreign
shores are within the jurisdiction of the Committee on Foreign Affairs.
Volume IV, section 4171.
The subject of immigration of Chinese and Japanese is within the
jurisdiction of the Committee on Foreign Affairs. Volume IV, section
4172.
The incorporation of the American National Red Cross and the protection
of its insignia are subjects within the jurisdiction of the Committee
on Foreign Affairs. Volume IV, section 4173.
Preliminary jurisdiction of the Committee on Foreign Affairs as to the
canal between the Atlantic and Pacific oceans. Volume IV, section 4176.
The Committee on Foreign Affairs has general jurisdiction of the
subject of international conferences and congresses. Volume IV, section
4177.
The Committee on Foreign Affairs has general jurisdiction on the
subject of international conferences and congresses. Volume VII,
section 1884.
Bills providing for the appointment of commissions to confer with
foreign governments relative to matters of common interest between such
governments and the Government of the United States have been reported
by the Committee on Foreign Affairs. Volume VII, section 1887.
Mandates over foreign countries and authorization to the Executive to
accept mandates are within the jurisdiction of the Committee on Foreign
Affairs. Volume VII, section 1888.
The subjects of extradition with foreign nations, international
arbitration, and violations of neutrality have been within the
jurisdiction of the Committee on Foreign Affairs. Volume IV, section
4178a.
The Committee on Foreign Affairs exercises general but not exclusive
jurisdiction of authorizations to receive medals or decorations from
foreign governments, extension of thanks of Congress to foreign
governments and erection of monuments in foreign lands. Volume VII,
section 1885.
Reception of gifts from foreign powers and acceptance of decorations
and orders conferred by foreign governments are subjects within the
jurisdiction of the Committee on Foreign Affairs. Volume VII, section
1889.
Bills authorizing indemnity of foreign governments for death of
subjects in the United States are properly referred to the union
calendar. Volume VII, section 1882.
Measures authorizing relief of distress in foreign countries have been
reported by the Committee on Foreign Affairs. Volume VII, section 1886.
COMMITTEES--Continued.
(76) Jurisdiction of the Several Standing Committees.--Immigration and
Naturalization.
The rule gives to the Committee on Immigration and Naturalization
jurisdiction of subjects relating ``to immigration or naturalization.''
Volume IV, section 4309.
In the later practice the Committee on Immigration and Naturalization
has confirmed its jurisdiction over the subject of naturalization.
Volume IV, section 4311.
The Committee on Immigration and Naturalization exercises a general but
not exclusive jurisdiction over the subject of immigration, and has
reported bills relating to contract labor. Volume IV, section 4310.
Authorizations for sites and buildings for immigrant stations are
within the jurisdiction of the Committee on Immigration and
Naturalization. Volume IV, section 4312.
(77) Jurisdiction of the Several Standing Committees.--Indian Affairs.
The rule gives to the Committee on Indian Affairs jurisdiction of
subjects relating ``to the relations of the United States with the
Indians and the Indian tribes, including appropriations therefor.''
Volume IV, section 4204.
The Committee on Indian Affairs has a broad jurisdiction of subjects
relating to the care, education, and management of the Indians,
including the care and allotment of their lands. Volume IV, section
4205.
The Committee on Indian Affairs has a jurisdiction of both general and
special bills as to claims which are paid out of Indian funds. Volume
IV, section 4206.
As to jurisdiction in relation to overdue bonds of certain States held
in the Treasury as part of Indian trust funds. Volume IV, section 4207.
(78) Jurisdiction of the Several Standing Committees.--Industrial Arts
and Expositions (Abolished).
The rule gives to the Committee on Industrial Arts and Expositions
jurisdiction of ``all matters (except those relating to the revenue and
appropriations) referring to the centennial of the Louisiana Purchase
and to proposed expositions.'' Volume IV, section 4353.
The Committee on Industrial Arts and Expositions has taken a
jurisdiction as to expositions which was formerly divided among other
committees. Volume IV, section 4354.
(79) Jurisdiction of the Several Standing Committees.--Insular Affairs.
The rule gives to the Committee on Insular Affairs jurisdiction of all
subjects, other than revenue and appropriations, relating to the
islands which came to the United States by the Spanish treaty of 1899.
Volume IV, section 4213.
The rule creating the Committee on Insular Affairs gave to it
jurisdiction of subjects relating to Cuba. Volume IV, section 4213.
Although there is a specific rule giving to the Committee on Insular
Affairs the jurisdiction of matters relating to Cuba the House has
decided that they belong rather to the Committee on Foreign Affairs.
Volume IV, section 4215.
The Committee on Insular Affairs exercises practically an exclusive
jurisdiction over the affairs of the islands ceded by the treaty of
1899, except as to matters of revenue and appropriations. Volume IV,
section 4214.
A proposition to establish a system for dealing with a certain class of
claims in the Philippines was referred by the House to the Committee on
Insular Affairs. Volume IV, section 4216.
(80) Jurisdiction of the Several Standing Committees.--Interstate and
Foreign Commerce, as to Vessels, Revenue, etc.
The rule gives to the Committee on Interstate and Foreign Commerce
jurisdiction of subjects relating to ``commerce, Life-Saving Service,
and light-houses,'' but not including appropriations therefor. Volume
IV, section 4096.
Bills establishing the Department of Commerce and Labor and relating to
the Interstate Commerce Commission were reported by the Committee on
Interstate and Foreign Commerce. Volume IV, section 4098.
COMMITTEES--Continued.
(80) Jurisdiction of the Several Standing Committees.--Interstate and
Foreign Commerce as to Vessels, Revenue, etc.--Continued.
The Committee on Interstate and Foreign Commerce has jurisdiction of
bills affecting domestic and foreign commerce, except such as may
affect the revenue. Volume IV, section 4097.
Bills of lading, liability of shipowners, and entering and clearing of
vessels are subjects which have been within the jursidiction of the
Committee on Interstate and Foreign Commerce. Volume IV, section 4137.
The privileges of foreign vessels in American ports, bills of lading,
contracts in export trade, and wrecks in international waters have been
reported generally by the Committee on Interstate and Foreign Commerce.
Volume IV, section 4144.
The regulation of harbors and the placing of works likely to be
obstructive to navigation, such as pipes and tunnels, are subjects
within the jurisdiction of the Committee on Interstate and Foreign
Commerce. Volume IV, section 4102.
Bills establishing a bureau of lighthouses, authorizing sale of
lighthouse reservations, and providing for aids to navigation in the
Lighthouse Service, formerly within the jurisdiction of the Committee
on Interstate and Foreign Commerce, are now \4\ reported by the
Committee on Merchant Marine and Fisheries. Volume VII, section 1814.
Bills establishing lighthouses and fog signals, and authorizing light-
ships, are reported by the Committee on Interstate and Foreign
Commerce. Volume IV, section 4104.
Bills relating to personnel of the Revenue-Cutter Service have been
given to the Committee on Interstate and Foreign Commerce. Volume VII,
section 1818.
Bills authorizing the construction of revenue cutters and auxiliary
craft of the customs service are reported by the Committee on
Interstate and Foreign Commerce. Volume IV, section 4108.
Bills relating to ocean derelicts, lumber rafts, and hydrographic
office charts have been reported by the Committee on Interstate and
Foreign Commerce. Volume IV, section 4105.
Bills relating to the Life-Saving Service and refuge stations in the
Arctic have been reported by the Committee on Interstate and Foreign
Commerce. Volume IV, section 4107.
Bills authorizing the establishing of Coast Gurard stations and
regulating pay of enlisted men in the Coast Guard Service have been
reported by the Committee on Interstate and Foreign Commerce. Volume
VII, section 1815.
Bills relative to adjustment of claims occasioned by activities of the
Coast and Geodetic Survey have been reported by the Committee on
Interstate and Foreign Commerce. Volume VII, section 1817.
(81) Jurisdiction of the Several Standing Committees.--Interstate and
Foreign Commerce, as to Hospitals, Health, etc.
Bills authorizing the construction of marine hospitals and the
acquisition of sites therefor are reported by the Committee on
Interstate and Foreign Commerce. Volume IV, section 4110.
Bills relating to quarantine and the duties of the Marine Hospital
Service and otherwise providing for the Public Health Service, formerly
reported by the Committee on Interstate and Foreign Commerce, are now
considered by the Committee on Merchant Marine and Fisheries. Volume
VII, section 1816.
The general subjects of quarantine and the establishment of quarantine
stations are within the jurisdiction of the Committee on Interstate and
Foreign Commerce. Volume IV, section 4109.
Subjects relating to health, spread of leprosy and other contagious
diseases, international congress of hygiene, etc., have been considered
by the Committee on Interstate and Foreign Commerce. Volume IV, section
4111.
Subjects relating to hygiene and demography come within the
jurisdiction of the Committee on Interstate and Foreign Commerce.
Volume VII, section 1824.
COMMITTEES--Continued.
(81) Jurisdiction of the Several Standing Committees.--Interstate and
Foreign Commerce, as to Hospitals, Health, etc.--Continued.
Legislation providing for the protection of maternity and infancy
belongs within the jurisdiction of the Committee on Interstate and
Foreign Commerce. Volume VII, section 1827.
(82) Jurisdiction of the Several Standing Committees.--Interstate and
Foreign Commerce, as to Bridges, Dams, etc.
Bills declaring as to whether or not streams are navigable and for
preventing hindrances to navigation are reported by the Committee on
Interstate and Foreign Commerce. Volume IV, section 4101.
Bills relating to intrastate inland waterways have been held to fall
within the jurisdiction of the Committee on Rivers and Harbors rather
than that of the Committee on Interstate and Foreign Commerce. Volume
VII, section 1840.
Bills relating to the establishment of harbor lines have been reported
by the Committee on Interstate and Foreign Commerce. Volume VII,
section 1825.
Legislation relating to the construction of bridges over navigable
waters belongs to the jurisdiction of the Committee on Interstate and
Foreign Commerce. Volume IV, section 4099.
Legislation relating to the construction of bridges over boundary
streams between the United States and foreign countries have been
reported by the Committee on Interstate and Foreign Commerce. Volume
VII, section 1811.
The construction of a memorial bridge across a navigable stream is a
subject within the jurisdiction of the Committee on Interstate and
Foreign Commerce and not the Committee on the Library. Volume VII,
section 1812.
The Committee on Interstate and Foreign Commerce considers bills
relating to dams on navigable streams, unless they are related to
improvements under jurisdiction of the Committee on Rivers and Harbors.
Volume IV, section 4100.
The Committee on Interstate and Foreign Commerce exercises jurisdiction
over bills authorizing the construction of dams across navigable
streams. Volume VII, section 1831.
The construction of locks on navigable streams is a subject within the
jurisdiction of the Committee on Rivers and Harbors rather than that of
the Committee on Interstate and Foreign Commerce. Volume VII, section
1834.
Legislation relating to dikes, dams, levees, and telephone and
telegraph wires across navigable streams, and to change of name,
navigability or diversion of water from streams, belongs to the
jurisdiction of the Committee on Interstate and Foreign Commerce.
Volume VII, section 1810.
The Committee on Interstate and Foreign Commerce's former jurisdiction
over legislation relating to the navigation, commerce, shipping
facilities, and pollution of the Great Lakes, and the survey and
improvement of navigation therefrom to the Sea via the St. Lawrence
River has been transferred to the Committee on Merchant Marine and
Fisheries. Volume VII, section 1809.
(83) Jurisdiction of the Several Standing Committees.--Interstate and
Foreign Commerce, as to Common Carriers.
Legislation relating to the financing, valuation, operation, and
regulation of common carriers is within the jurisdiction of the
Committee on Interstate and Foreign Commerce. Volume VII, section 1805.
The regulation of railroads through the relation which they bear to
interstate commerce is within the jurisdiction of the Committee on
Interstate and Foreign Commerce. Volume IV, section 4114.
Registration and supervision of motor vehicles engaged in interstate
commerce and the licensing of operators thereof are subjects within the
jurisdiction of the Committee on Interstate and Foreign Commerce.
Volume VIII, section 1819.
Bills relating to commercial and national aviation have been considered
by the Committee on Interstate and Foreign Commerce. Volume VII,
section 1822.
COMMITTEES--Continued.
(83) Jurisdiction of the Several Standing Committees.--Interstate and
Foreign Commerce, as to Common Carriers--Continued.
Bills relating to commercial travelers as agents of interstate commerce
and branding of articles going into such commerce have been considered
by the Committee on Interstate and Foreign Commerce. Volume IV, section
4115.
(84) Jurisdiction of the Several Standing Committees.--Interstate and
Foreign Commerce, as to General Subjects.
Bills to prevent the adulteration, misbranding, etc., of foods and
drugs have been reported by the Committee on Interstate and Foreign
Commerce. Volume IV, section 4112.
Bills relating to the importation of narcotics, of adulterated or
misbranded seeds, and of women for immoral purposes have been reported,
but not exclusively, by the Committee on Interstate and Foreign
Commerce. Volume VII, section 1820.
The regulation of exportation of live stock meat, and other
agricultural products has been to a certain extent within the
jurisdiction of the Committee on Interstate and Foreign Commerce.
Volume IV, section 4113.
Bills relating ocean cables have been reported by the Committee on
Interstate and Foreign Commerce. Volume IV, section 4106.
Jurisdiction over legislation providing for regulation of interstate
telegraph and telephone facilities and ocean cables has been given to
the Committee on Interstate and Foreign Commerce. Volume VII, section
1804.
The subject of a canal between the Atlantic and Pacific, and to a
limited extent the general subject of canals in the United States, have
been considered by the Committee on Interstate and Foreign Commerce.
Volume IV, section 4103.
The Committee on Interstate and Foreign Commerce has exercised
jurisdiction of legislation relating to canals. Volume VII, section
1806.
A bill granting easements across Government land and under a Government
canal was reported by the Committee on Interstate and Foreign Commerce.
Volume VII, section 1813.
Construction of the Panama Canal and government of the Canal Zone,
subjects formerly within the jurisdiction of the Committee on
Interstate and Foreign Commerce, are now referred to the Committee on
Merchant Marine and Fisheries. Volume VII, section 1807.
The subject of protection of game through prohibition of interstate
transportation has been considered by the Committee on Interstate and
Foreign Commerce. Volume IV, section 4117.
Bills to prevent the carriage from one State to another of indecent or
harmful pictures or literature have been reported by the Committee on
Interstate and Foreign Commerce. Volume IV, section 4116.
The investigation of water resources, the creation of a Federal power
Commission, the leasing of power sites, and the supervision and
development of water power \10\ are subjects which have been committed
to the Committee on Interstate and Foreign Commerce. Volume VII,
section 1808.
Establishment of zones for standard time and provisions for daylight
saving are subjects within the jurisdiction of the Committee on
Interstate and Foreign Commerce. Volume VII, section 1828.
Bills regulating commerce with public enemies have been reported by the
Committee on Interstate and Foreign Commerce. Volume VII, section 1823.
Bills relating to the fraudulent or unethical sale of securities were
taken from the Committee on Interstate and Foreign Commerce and
referred to the Committee on the Judiciary. Volume VII, section 1782.
Standards of quality and regulations for the control of interstate
distribution of coal and other fuels and the procuring and publication
of statistics relative thereto, are subjects within the jurisdiction of
the Committee on Interstate and Foreign Commerce. Volume VII, section
1830.
COMMITTEES--Continued.
(84) Jurisdiction of the Several Standing Committees.--Interstate and
Foreign Commerce, as to General Subjects--Continued.
The Committee on Interstate and Foreign Commerce has considered bills
providing for a topographical survey of the United States. Volume VII,
section 829.
The Committee on Interstate and Foreign Commerce reported a bill
creating an Interstate Trade Commission. Volume VII, section 1821.
A bill creating a commission to assist in the purchase, sale, and
distribution of newsprint paper was considered by the Committee on
Interstate and Foreign Commerce. Volume VII, section 1826.
(85) Jurisdiction of the Several Standing Committees.--Invalid
Pensions.
The rule gives to the Committee on Invalid Pensions jurisdiction as
``to the pensions of the civil war.'' Volume IV, section 4258.
The Committee on Invalid Pensions reports general and special bills
authorizing payments of pensions to soldiers of the civil war, but the
actual appropriations therefor are reported by the Committee on
Appropriations. Volume IV, section 4259.
(86) Jurisdiction of the Several Standing Committees.--Irrigation and
Reclamation.
Examples of the general jurisdiction of the Committee on Irrigation and
Reclamation. Volume VII, section 2035.
The rule gives to the Committee on Irrigation of Arid Lands
jurisdiction of subjects relating ``to the irrigation of arid lands.''
Volume IV, section 4307.
Examples of the general jurisdiction of the Committee on Irrigation of
Arid Lands. Volume IV, section 4308.
The Committee on Irrigation and Reclamation has reported on
propositions to authorize interstate compacts and agreements relative
to apportionment of waters for irrigation purposes. Volume VII, section
2033.
The disposal of drainage waters from irrigation projects is a subject
within the jurisdiction of the Committee on Irrigation and Reclamation
and not that of the Committee on Public Lands. Volume VII, section
2034.
Preemption and disposition of lands on reclaimed and irrigated projects
are subjects within the jurisdiction of the Committee on Irrigation and
Reclamation. Volume VII, section 2032.
(87) Jurisdiction of the Several Standing Committees.--Judiciary, as to
Courts, Crimes, etc.
The rule assigns to the Judiciary Committee jurisdiction of subjects
relating to ``judicial proceedings, civil and criminal law.'' Volume
IV, section 4054.
Subjects relating to the jurisdiction of the courts are referred to the
Committee on the Judiciary. Volume VII, section 1760.
Appointment of Federal judges and other court officials and legislation
pertaining to their salaries are subjects within the jurisdiction of
the Committee on the Judiciary. Volume VII, section 1750.
Charges against judges of the United States courts are usually
investigated by the Committee on the Judiciary. Volume IV, section
4062.
The Committee on the Judiciary has exercised jurisdiction over subjects
related to the relations of laborers, especially organized laborers, to
the courts and to corporations. Volume IV, section 4072.
The Committee on the Judiciary reports legislative propositions
relating to the service of the Department of Justice, and even of other
Departments. Volume IV, section 4067.
The Committee on the Judiciary has exercised jurisdiction of bills
relating to local courts in the District of Columbia and Alaska and the
Territories. Volume IV, section 4068.
Provisions for establishment of code of law for the District of
Columbia are under the jurisdiction of the Committee on the Judiciary.
Volume VII, section 1761.
COMMITTEES--Continued.
(87) Jurisdiction of the Several Standing Committees.--Judiciary, as to
Courts, Crimes, etc.--Continued.
Legislation relating to juvenile offenders in the District of Columbia
is considered by the Committee on the Judiciary. Volume VII, section
1755.
The Committee on the Judiciary have exercised jurisdiction of bills
relating to insular courts. Volume VII, section 1767.
The subject of a court of patent appeals has been within the
jurisdiction of the Committee on the Judiciary. Volume IV, section
4075.
The Committee on the Judiciary often reports as to questions of law on
subjects naturally within the jurisdiction of other committees. Volume
IV, section 4063.
The Committee on the Judiciary considers legislation relating to
settlement of questions of law in dispute between executive officers of
the Government. Volume VII, section 1778.
Legislation construing acts of Congress is within the jurisdiction of
the Committee on the Judiciary. Volume VII, section 1762.
The subjects of criminals, crimes, penalties, and extradition are
within the jurisdiction of the Committee on the Judiciary. Volume IV,
section 4069.
The punishment, prevention, and definition of crime and the
organization of courts are subjects within the jurisdiction of the
Committee on the Judiciary. Volume VII, section 1747.
Provision for payment of reward for information as to violation of a
statute was reported by the Committee on the Judiciary. Volume VII,
section 1758.
Punishment of sedition, espionage, and seditious interference with
foreign relations and commerce are subjects within the jurisdiction of
the Committee on the Judiciary. Volume VII, section 1751.
Bills proposing punishment of crimes against interstate or foreign
shipments belong within the jurisdiction of the Committee on the
Judiciary. Volume VII, section 1757.
Enforcement and administration of national prohibition laws is a
subject under the jurisdiction of the Judiciary Committee. Volume VII,
section 1773.
The management of national penitentiaries and the authorization of
buildings therefor are within the jurisdiction of the Committee on the
Judiciary. Volume IV, section 4070.
(88) Jurisdiction of the Several Standing Committees.--Judiciary, as to
Trusts and Corporations.
Matters relating to the investigation and regulation of trusts and
corporations are within the jurisdiction of the Judiciary Committee.
Volume VII, section 1764.
Matters relating to the investigation and regulation of trusts and
corporations are within the jurisdiction of the Judiciary Committee.
Volume IV, section 4060.
Bills relating to trusts and monopolies (except common carriers) come
within the jurisdiction of the Committee on the Judiciary. Volume VII,
section 1749.
Bills of incorporation are often referred to the Committee on the
Judiciary. Volume IV, section 4057.
Bills of incorporation are referred to the Committee on the Judiciary.
Volume VII, section 1763.
The general subject of Federal control of corporations has been
referred to the Committee on the Judiciary. Volume IV, section 4059.
The protection of trade and commerce against unlawful restraints and
monopolies is a subject within the jurisdiction of the Committee on the
Judiciary. Volume VII, section 1748.
Jurisdiction of legislation providing penalties for commercial bribery
and other corrupt trade practices belongs to the Committee on the
Judiciary. Volume VII, section 1754.
The Committee on the Judiciary has reported resolutions requesting
information from the executive regarding price fixing in violation of
law. Volume VII, section 1766.
Bills relating to the fraudulent or unethical sale of securities were
taken from the Committee on Interstate and Foreign Commerce and
referred to the Committee on the Judiciary. Volume VII, sections 1781,
1782.
COMMITTEES--Continued.
(88) Jurisdiction of the Several Standing Committees.--Judiciary, as to
Trusts and Corporations--Continued.
Bills authorizing associations of producers of agricultural products
and limiting the effect of the Clayton Antitrust Act with reference to
agricultural associations have been reported by the Judiciary
Committee. Volume VII, section 1765.
(89) Jurisdiction of the Several Standing Committees.--Judiciary, as to
Claims.
The Judiciary Committee has reported propositions of general
legislation to regulate the adjudication of claims of various kinds
against the Government. Volume IV, section 4078.
The Committee on the Judiciary has reported general legislation as to
claims against the United States and as to procedure and jurisdiction
of the Court of Claims. Volume VII, section 1752.
Claims of States against the United States and the adjustment of
accounts between the States and the United States have been considered
by the Judiciary Committee. Volume IV, section 4080.
The jurisdiction of general legislation relating to international
claims has been exercised frequently by the Committee on the Judiciary.
Volume IV, section 4081.
The Judiciary Committee has reported general legislation as to claims
of laborers, territorial and district claims, war claims, etc. Volume
IV, section 4079.
General Legislation for the relief of Government employees injured in
the discharge of their official duties is within the jurisdiction of
the Committee on the Judiciary and not the Committee on Claims. Volume
VII, section 1777.
(90) Jurisdiction of the Several Standing Committees.--Judiciary, as to
General Subjects.
The Committee on the Judiciary has a general but not exclusive
jurisdiction over joint resolutions proposing amendments to the
Constitution of the United States. Volume IV, section 4056.
The Committee on the Judiciary has a general but not exclusive
jurisdiction over joint resolutions proposing amendments to the
Constitution of the United States. Volume VII, section 1779.
A joint resolution proposing a constitutional amendment authorizing
mutual taxation of salaries between State and Federal Governments was
held to come within the jurisdiction of the Committee on the Judiciary
rather than that of the Committee on Ways and Means. Volume VII,
section 1780.
Propositions relative to the constitutionality of bills pending in the
House, and questions as to the constitutionality of recommendations
submitted by the President, are subjects within the jurisdiction of the
Committee on the Judiciary. Volume VII, section 1759.
The Committee on the Judiciary has reported bills relating to the
meeting of Congress, the attendance of Members, and their appointment
to incompatible offices. Volume IV, section 4077.
The Committee on the Judiciary has reported bills relating to the
meeting of Congress. Volume VII, section 1770.
Bills providing for the protection of the President and relating to the
office and its duties have been reported by the Committee on the
Judiciary. Volume IV, section 4077.
The settlement of boundary lines between States or between a State and
a Territory is within the jurisdiction of the Committee on the
Judiciary. Volume IV, section 4064.
Bills relating to jurisdiction of boundary waters between the States or
within he several States are reported by the Committee on the
Judiciary. Volume VII, section 1768.
The Committee on the Judiciary has jurisdiction of the general subject
of counterfeiting. Volume IV, section 4071.
The Committee on the Judiciary has jurisdiction of the general subject
of counterfeiting. Volume VII, section 1753.
COMMITTEES--Continued.
(90) Jurisdiction of the Several Standing Committees.--Judiciary, as to
General Subjects--Continued.
The subjects of holidays and celebrations have been reported by the
Committee on the Judiciary. Volume IV, section 4073.
Bills relating to pensioner's oaths and fraudulent claims have been
reported by the Judiciary Committee. Volume IV, section 4074.
The Committee on the Judiciary has exercised jurisdiction over the
subject of international copyright, although the clearest title seems
to be with the Committee on Patents. Volume IV, section 4075.
Bills of lading as evidence, bonds in admiralty cases, willful
destruction of vessels, mutiny, etc., are subjects within the
jurisdiction of the Committee on the Judiciary. Volume IV, section
4145.
The Committee on the Judiciary has jurisdiction of legislation relating
to bankruptcy. Volume IV, section 4065.
The Committee on the Judiciary has reported bills prohibiting the
desecration of the national flag, and dealing with refusal of public
officers to execute acts of Congress. Volume IV, section 4055.
Bills providing protection for the uniform of friendly nations are
under the jurisdiction of the Committee on the Judiciary. Volume VII,
section 1774.
Conferring of jurisdiction relative to determination of rights of
American citizens under treaties or in international litigation is a
subject within the jurisdiction of the Committee on the Judiciary.
Volume VII, section 1784.
The Committee on the Judiciary exercises jurisdiction over legislation
regulating legal process and procedure relating to vessels in foreign
jurisdictions. Volume VII, section 1771.
Bills for the removal of political disabilities have been within the
jurisdiction of the Committee on the Judiciary. Volume IV, section
4058.
Regulation of the traffic in intoxicating liquors, etc., through
control of interstate commerce relations is within the jurisdiction of
the Committee on the Judiciary. Volume IV, section 4061.
Legislation relating to the organization of a branch of the Government,
and to the government of a territory is within the jurisdiction of the
Committee on the Judiciary. Volume VII, section 1772.
A bill amending the national bank act was by consent referred to the
Committee on the Judiciary. Volume VII, section 1786.
The Committee on the Judiciary have exercised jurisdiction over
subjects pertaining to relations of workmen to employers. Volume VII,
section 1769.
The compensation of Federal employees injured in performance of duty
and the administration of the United States Employees Compensation
Commission are subjects within the jurisdiction of the Committee on the
Judiciary. Volume VII, section 1785.
The study of criminal, pauper, and defective classes is a subject under
jurisdiction of the Committee on the Judiciary. Volume VII, section
1756.
A bill limiting effects of regulating Interstate and Foreign Commerce
was transferred to the Committee on the Judiciary. Volume VII, section
1776.
A bill legalizing the conveyance of public lands was considered to be
within the jurisdiction of the Committee on the Judiciary. Volume VII,
section 1783.
The Committee on the Judiciary exercises the jurisdiction over
propositions relating to Government contracts. Volume VII, section
1788.
A resolution providing for investigation with a view to impeachment was
transferred from the Committee on Rules to the Committee on the
Judiciary. Volume VII, section 1787.
The Committee on the Judiciary has exclusive jurisdiction of bills
providing for the adoption of a national anthem. Volume VII, section
1775.
The Committee on the Judiciary has reported bills relating to the
rights and privileges of women. Volume IV, section 4066.
COMMITTEES--Continued.
(90) Jurisdiction of the Several Standing Committees.--Judiciary, as to
General Subjects--Continued.
The Committee on the Judiciary has exercised jurisdiction over
legislative propositions related to marriage, divorce, and polygamy.
Volume IV, section 4076.
(91) Jurisdiction of the Several Standing Committees.--Labor.
The rule gives to the Committee on Labor jurisdiction of subjects
``relating to and affecting labor.''. Volume IV, section 4244.
The Committee on Labor has exercised general jurisdiction of
proposition to make investigations as to the conditions of laboring
people, labor troubles, etc. Volume IV, section 4245.
The Committee on Labor has reported on the subject of arbitration as a
means of settling labor troubles. Volume IV, section 4246.
Propositions relating to wages and hours of labor, even when a
constitutional amendment has been proposed, have been considered by the
Committee on Labor. Volume IV, section 4247.
Bills relating to convict labor and the entry of goods made by convicts
into interstate commerce have been reported by the Committee on Labor.
Volume IV, section 4248.
Propositions to regulate or prevent the importation of foreign laborers
under contract have been within the jurisdiction of the Committee on
Labor. Volume IV, section 4249.
Matters relating to labor employed in the various branches of the
Government service have been considered by the Committee on Labor.
Volume IV, section 4250.
The Committee on Labor has reported bills proposing bills general
legislation as to classes of claims under the eight-hour law. Volume
IV, section 4251.
(92) Jurisdiction of the Several Standing Committees.--Levees and
Improvements of the Mississippi River (Abolished).
The rules gives to the Committee on Levees and Improvements of the
Mississippi River jurisdiction of subjects relating ``to the levees of
the Mississippi River.'' Volume IV, section 4240.
Subjects relating to the Mississippi River Commission are within the
jurisdiction of the Committee on Levees and Improvements of the
Mississippi River. Volume IV, section 4241.
(93) Jurisdiction of the Several Standing Committees.--Library.
The rule gives to the Joint Committee on the Library jurisdiction
``touching the Library of Congress, statuary, and pictures.'' Volume
IV, section 4337.
Bills authorizing the construction and providing for the care of the
Library building and the management of the Library itself have been
reported by the House branch of the Joint Committee on the Library.
Volume IV, section 4339.
Bills authorizing the construction and providing for the care of the
Library building and the management of the Library itself have been
reported by the House branch of the Joint Committee on the Library.
Volume VII, section 2091.
The control of the Botanic Garden is vested by law in the Joint
Committee on the Library. Volume VII, section 2090.
Bills relating to historic documents, relics, and buildings have been
reported by the House branch of the Joint Committee on the Library.
Volume VII, section 2086.
Bills relating to the purchase of books and manuscripts for the Library
of Congress have been reported by the House branch of the Joint
Committee on the Library. Volume IV, section 4340.
The acceptance of works of art for the Capitol and control of the
Botanic Garden are vested in the Committee on the Library. Volume IV,
section 4337.
The arrangement of the Hall of the House and Statuary Hall, and the
acceptance of works of art to be placed therein are subjects within the
jurisdiction of the House branch of the Joint Committee on the Library.
Volume VII, section 2083.
COMMITTEES--Continued.
(93) Jurisdiction of the Several Standing Committees.--Library--
Continued.
The purchase of paintings and portraits has been within the
jurisdiction of the Joint Committee on the Library. Volume IV, section
4343.
Bills relating to statues, paintings, and other works of art have been
reported by the House branch of the Joint Committee on the Library.
Volume VII, section 2082.
Instances of a general jurisdiction of the Committee on the Library as
to ornamentation of the Capital City. Volume IV, section 4344.
Bills providing for location and construction of memorials belong to
the jurisdiction of the Joint Committee on the Library rather than the
jurisdiction of the Committee on Appropriations. Volume VII, section
2085.
Subjects relating to monuments and statues in commemoration of
individuals have been considered by the House branch of the Joint
Committee on the Library. Volume IV, section 4342.
Subjects relating to memorials in commemoration of individuals have
been considered by the House branch of the Joint Committee on the
Library. Volume VII, section 2085.
Bills authorizing the erection of monuments on battlefields have been
considered by the House branch of the Joint Committee on the Library.
Volume IV, section 4341.
A bill relative to the marking and preservation of a battlefield as
held to be within the jurisdiction of the Joint Committee on the
Library rather than the Committee on Military Affairs. Volume VII,
section 2089.
Bills relating to the observance of anniversaries and the commemoration
of historical events have been reported by the House branch of the
Joint Committee on the Library. Volume VII, section 2087.
The general affairs of the Smithsonian Institution, excepting
appropriations therefor, and the incorporations of similar
institutions, are within the jurisdiction of the House branch of the
Joint Committee on the Library. Volume VII, section 2084.
The establishment of commissions dealing with subjects under the
jurisdiction of the Joint Committee on the Library has been reported by
the House branch of that committee. Volume VII, section 2088.
The general affairs of the Smithsonian Institution, excepting
appropriations therefor, and the incorporation of similar institutions
are within the jurisdiction of the House branch of the Joint Committee
on the Library. Volume IV, section 4346.
Bills relating to the removal of the remains of distinguished men have
been within the jurisdiction of the House branch of the Joint Committee
on the Library. Volume IV, section 4345.
The construction of a memorial bridge across a navigable stream is a
subject within the jurisdiction of the Committee on Interstate and
Foreign Commerce and not the Committee on the Library. Volume VII,
section 1812.
(94) Jurisdiction of the Several Standing Committees.--Manufactures
(Abolished).
The rule gives to the Committee on Manufactures jurisdiction of
subjects relating ``to the manufacturing industries.''. Volume IV,
section 4221.
Illustrations of exercise of jurisdiction by the Committee on
Manufactures. Volume IV, section 4222.
Reference to early jurisdiction of the Committee on Manufactures as to
tariff bills. Volume IV, section 4221.
(95) Jurisdiction of the Several Standing Committees.--Memorials.
The rule provides for the observance of a memorial day in memory of
recently deceased Members of the House and Senate, and the publication
of the proceedings thereof. Volume VII, section 2080.
COMMITTEES--Continued.
(96) Jurisdiction of the Several Standing Committees.--Merchant Marine,
Radio, and Fisheries.
The Committee on Merchant Marine and Fisheries temporarily was made the
Committee on Merchant Marine, Radio, and Fisheries. Volume VII, section
1848.
The Committee on the Merchant Marine, Radio, and Fisheries has
jurisdiction over subjects relating to radio service. Volume VII,
section 1853.
The jurisdiction of subjects relating to the ``merchant marine and
fisheries'' is given by the rule on the Committee on Merchant Marine
and Fisheries. Volume IV, section 4129.
Bills pertaining to the regulation of common carriers by water have
been considered by the Committee on the Merchant Marine, Radio, and
Fisheries. Volume VII, section 1859.
The general subjects of shipbuilding, admission of foreign-built ships,
registering and licensing of vessels, are within the jurisdiction of
the Committee on Merchant Marine and Fisheries. Volume IV, section
4134.
The subjects of tonnage taxes and fines and penalties on vessels are
within the jurisdiction of the Committee on Merchant Marine and
Fisheries. Volume IV, section 4131.
Bills to extend and increase the merchant marine, even when including
the subject of a naval reserve, have been reported by the Committee on
Merchant Marine and Fisheries. Volume IV, section 4138.
The subjects of navigation and the navigation laws, and regulation of
shipping in Hawaii and even in the Philippines, have been considered by
the Committee on Merchant Marine and Fisheries. Volume IV, section
4130.
Bills relating to Alaskan fisheries belong to the Committee on the
Merchant Marine and Fisheries rather than to the Committee on the
Territories. Volume VII, section 1850.
Jurisdiction over bills relating to the protection of seals and other
fur-bearing animals of Alaska, formerly exercised by the Committee on
Ways and Means, has now been transferred to the Committee on the
Merchant Marine and Fisheries. Volume VII, section 1851.
The Committee on Merchant Marine and Fisheries has jurisdiction of the
subject of pilotage. Volume IV, section 4136.
The licensing, registering, etc., of pleasure yachts are subjects
within the jurisdiction of the Committee on Merchant Marine and
Fisheries. Volume IV, section 4143.
The naming and measuring of vessels are subjects within the
jurisdiction of the Committee on Merchant Marine and Fisheries. Volume
IV, section 4132.
The inspection of steam vessels as to hulls and boilers is generally
within the jurisdiction of the Committee on Merchant Marine and
Fisheries. Volume IV, section 4133.
Bills authorizing the establishment of Coast Guard stations and
regulating pay of enlisted men in the Coast Guard Service, formerly
reported by the Committee on Interstate and Foreign Commerce, are now
handled by the Committee on Merchant Marine and Fisheries. Volume VII,
section 1815.
Bills relative to adjustment of claims occasioned by activities of the
Coast and Geodetic Survey, formerly considered by the Committee on
Interstate and Foreign Commerce, are now reported by the Committee on
Merchant Marine and Fisheries. Volume VII, section 1817.
Bills establishing a bureau of lighthouses, authorizing sale of
lighthouse reservations, and providing for aids to navigation in the
Lighthouse Service, formerly within the jurisdiction of the Committee
on Interstate and Foreign Commerce, are now reported by the Committee
on Merchant Marine and Fisheries. Volume VII, section 1814.
Lights and signals on vessels are subjects that have been considered
both by the Committees on Merchant Marine and Fisheries and Interstate
and Foreign Commerce. Volume IV, section 4135.
COMMITTEES--Continued.
(96) Jurisdiction of the Several Standing Committees.--Merchant Marine,
Radio, and Fisheries--Continued.
The subject of rules to prevent collisions at sea and international
arrangements therefor have been reported by the Committee on Merchant
Marine and Fisheries. Volume IV, section 4135.
The Committee on Merchant Marine, Radio, and Fisheries has reported on
bills relating to international and interstate agreements on subjects
within its jurisdiction. Volume VII, section 1858.
Collisions, coasting districts, marine schools, etc., are subjects of
doubtful jurisdiction between the Committee on Merchant Marine and
Fisheries and Interstate and Foreign Commerce. Volume IV, section 4146.
Protection from fire on vessels is a subject which, under the later
practice, has been considered by the Committee on Merchant Marine and
Fisheries. Volume IV, section 4141.
The regulation of small vessels propelled by naphtha, etc., and the
transportation of inflammable substances on passenger vessels, are
generally, but not exclusively, reported by the Committee on Merchant
Marine and Fisheries. Volume IV, section 4142.
The Committee on the Merchant Marine, Radio, and Fisheries reports bill
dealing with motor boats. Volume VII, section 1855.
Bills relating to the titles, conduct, and licensing of officers of
vessels, under the more recent practice, have been considered by the
Committee on Merchant Marine and Fisheries. Volume IV, section 4139.
Measures dealing with the personnel of the merchant marine and with
marine schools belong to the jurisdiction of the Committee on the
Merchant Marine, Radio, and Fisheries. Volume VII, section 1857.
The inspection of steamboats, the regulation of officering and manning
vessels, and the classification and salaries of clerks in the
Steamboat-Inspection Service are subjects within the jurisdiction of
the Committee on the Merchant Marine, Radio, and Fisheries. Volume VII,
section 1854.
The subject of tonnage taxes on vessels has been considered to be
within the jurisdiction of the Committee on the Merchant Marine, Radio,
and Fisheries. Volume VII, section 1856.
The transportation of passengers on shipping is a subject within the
jurisdiction of the Committee on the Merchant Marine, Radio, and
Fisheries. Volume VII, section 1852.
The shipping, wages, treatment, and protection of seamen are subjects
within the jurisdiction of the Committee on Merchant Marine and
Fisheries. Volume IV, section 4140.
Conditions relating to the health of seamen are within the jurisdiction
of the Committee on Merchant Marine and Fisheries. Volume IV, section
4141.
Bills relating to quarantine and the duties of the Marine Hospital
Service and otherwise providing for the Public Health Service, formerly
reported by the Committee on Interstate and Foreign Commerce, are now
considered by the Committee on Merchant Marine and Fisheries. Volume
VII, section 1816.
The authorization of fish-culture stations and the regulation of
fisheries generally are within the jurisdiction of the Committee on
Merchant Marine and Fisheries. Volume IV, section 4147.
A bill for the protection of game and other birds through the
instrumentality of the Fish Commission was reported by the Committee on
Merchant Marine and Fisheries. Volume IV, section 4148.
Construction of the Panama Canal and government of the Canal Zone,
subjects formerly within the jurisdiction of the Committee on
Interstate and Foreign Commerce, are now referred to the Committee on
Merchant Marine and Fisheries. Volume VII, section 1807.
COMMITTEES--Continued.
(96) Jurisdiction of the Several Standing Committees--Merchant Marine,
Radio, and Fisheries--Continued.
Subjects relating to the creation and activities of the United States
Shipping Board including the adjustment and payment of claims arising
under its administration and the regulation of vessels under its
jurisdiction are reported by the Committee on Merchant Marine and
Fisheries. Volume VII, section 1849.
The Committee on Interstate and Foreign Commerce's former jurisdiction
over legislation relating to the navigation, commerce, shipping
facilities, and pollution of the Great Lakes, and the survey and
improvement of navigation therefrom to the Sea via the St. Lawrence
River has been transferred to the Committee on Merchant Marine and
Fisheries. Volume VII, section 1809.
(97) Jurisdiction of the Several Standing Committees.--Mileage.
(Abolished).
The rule provides that ``the ascertainment of the travel of Members of
the House shall be made by the Committee on Mileage and reported to the
Sergeant-at-Arms.'' Volume IV, section 4336.
(98) Jurisdiction of the Several Standing Committees.--Military
Affairs.
The rules give to the Committee on Military Affairs jurisdiction of
subjects relating ``to the military establishment and the public
defense.'' Volume IV, section 4179.
Appropriations for the military establishment and the public defense,
including the Military Academy, are by rule placed within the
jurisdiction of the Committee on Military Affairs. Volume IV, sections
4179.
The Committee on Military Affairs reports two general appropriation
bills, one for the Army and the other for the Military Academy. Volume
IV, section 4180.
The Committee on Military Affairs has jurisdiction over legislative
propositions relating to the War Department, but does not report
appropriations for salaries therein. Volume IV, section 4181.
Legislative authorization for construction of buildings for use of the
Army and provisions for the control thereof are generally within the
jurisdiction of the Committee on Military Affairs. Volume IV, section
4183.
Fire control and direction apparatus for field artillery comes within
the jurisdiction of the Committee on Military Affairs. Volume IV,
section 4184.
Legislation relating to the National Soldiers' Homes is within the
jurisdiction of the Committee on Military Affairs. Volume IV, section
4185.
A bill authorizing a new Soldiers' Home is reported by the Committee on
Military Affairs, but the appropriation therefor comes from the
Committee on Appropriations. Volume IV, section 4051.
Legislation relating to military parks and battlefields is within the
jurisdiction of the Committee on Military Affairs. Volume IV, section
4187.
Legislation relating to the national cemeteries is within the
jurisdiction of the Committee on Military Affairs. Volume IV, section
4186.
In a few instances the Committee on Military Affairs has reported
general bills providing for the adjustment of claims arising out of
war. Volume IV, section 4188.
(99) Jurisdiction of the Several Standing Committees.--Militia
(Abolished).
The rule gives to the Committee on the Militia jurisdiction of subjects
relating ``to the militia of the several States.'' Volume IV, section
4252.
Bills relating to the militia of the District of Columbia as well as to
that or the various States have been considered by the Committee on the
Militia. Volume IV, section 4253.
(100) Jurisdicton of the Several Standing Committee.--Mines and Mining.
The rule gives to the Committee on Mines and Mining jurisdiction of
subjects relating ``to the mining interests.'' Volume IV, section 4223.
COMMITTEES--Continued.
(100) Jurisdiction of the Several Standing Committees--Mines and
Mining--Continued.
The subjects of the mineral-land laws and claims and entries thereunder
have been within the jurisdiction of the Committee on Mines and Mining.
Volume IV, section 4228.
Legislative propositions relating to the work of the Geological Survey
have been reported by the Committee on Mines and Mining. Volume IV,
section 4224.
Propositions to establish departments or bureaus of mines and of
geology have been reported by the Committee on Mines and Mining. Volume
IV, section 4225.
The Committee on Mines and Mining has reported on the subject of alien
ownership of mineral lands. Volume IV, section 4227.
The Committee on Mines and Mining has reported bills for establishing
schools of mines and mining experiment stations. Volume IV, section
4226.
Bills relating to the welfare of men working in mines have been
reported by the Committee on Mines and Mining. Volume IV, section 4229.
The subject of mining debris in California has been within the
jurisdiction of the Committee on Mines and Mining. Volume IV, section
4230.
(101) Jurisdiction of the Several Standing Committees.--Naval Affairs.
The rule gives to the Committee on Naval Affairs jurisdiction of
subjects relating ``to the naval establishment, including the
appropriations for its support.'' Volume IV, section 4189.
(102) Jurisdiction of the Several Standing Committees.--Pacific
Railroads. (Abolished).
The rule gives to the Committee on Pacific Railroads jurisdiction of
subjects relating ``to the railroads and telegraph lines between the
Mississippi River and the Pacific coast.'' Volume IV, section 4239.
(103) Jurisdiction of the Several Standing Committees.--Patents.
The rule gives to the Committee on Patents jurisdiction of subjects
relating ``to patents, copyrights, and trade-marks.'' Volume IV,
section 4254.
Bills relating to the general subject of trade-marks, including
punishment for the counterfeiting thereof, have been considered by the
Committee on Patents. Volume IV, section 4256.
The subjects of patent law, jurisdiction of courts in patent cases, the
Patent Office, including a building therefor, have been considered by
the Committee on Patents. Volume IV, section 4255.
The Committee on Patents has jurisdiction of general and special
legislation relating to copyrights, although its title to the
jurisdiction of international copyright is not entirely clear. Volume
IV, section 4257.
The subject of an international patent conference was considered by the
Committee on Patents. Volume IV, section 4255.
(104) Jurisdiction of the Several Standing Committees.--Pensions.
The rule gives to the Committee on Pensions jurisdiction of matters
relating ``to the pensions of all the wars of the United States other
than the civil war.'' Volume IV, section 4260.
The Committee on Pensions reports general and special bills authorizing
the payment of pensions, but the actual appropriations are reported by
the Committee on Appropriations. Volume IV, section 4261.
(105) Jurisdiction of the Several Standing Committees.--Post Office and
Post Roads.
The rule gives to the Committee on Post Office and Post Roads
jurisdiction of subjects relating ``to the post office and post roads,
including appropriations for their support.'' Volume IV, Section 4190.
Subjects relating to postal savings banks and postal telegraphy are
within the jurisdiction of the Committee on Post Office and Post Roads.
volume IV, section 4193.
COMMITTEES--Continued.
(105) Jurisdiction of the Several Standing Committees.--Post Office and
Post Roads--Con.
The jurisdiction of the Committee on Post Office and Post Roads extends
to the railway mail service, ocean mail service, pneumatic-tube
service, etc. Volume IV, section 4192.
The appropriation for officers and clerks in the railway mail service
belongs to the jurisdiction of the Committee on Post Office and Post
Roads. Volume IV, section 4191.
(106) Jurisdiction of the Several Standing Committees.--Printing.
The rules give to the ``Joint Committee on Printing on the part of the
House'' jurisdiction of ``all proposed legislation or orders touching
printing.'' Volume IV, section 4347.
A proposition to make corrections in remarks printed in the
Congressional Record was reported by the Committee on Printing. Volume
IV, section 4349.
The Committee on Printing has exercised an infrequent jurisdiction as
to the pay of employees at the Government Printing Office. Volume IV,
section 4348.
(107) Jurisdiction of the Several Standing Committees.--Private Land
Claims (Abolished).
The rule gives to the Committee on Private Land Claims jurisdiction as
``to private claims to land.'' Volume IV, section 4273.
The Committee on Private Land Claims has exercised jurisdiction over
general as well as special bills relating to the adjudication and
settlement of private claims to land. Volume IV, section 4275.
A bill for the establishment of a land court was reported by the
Committee on Private Land Claims. Volume IV, section 4274.
(108) Jurisdiction of the Several Standing Committees.--Public
Buildings and Grounds.
The rule gives to the Committee on Public Buildings and Grounds
jurisdiction of subjects, relating ``to the public buildings and
occupied or improved grounds of the United States, other than
appropriations therefor.'' Volume IV, section 4231.
The Committee on Public Buildings and Grounds has jurisdiction of bills
authorizing the purchase of sites and construction of post-offices,
custom-houses, and Federal court-houses in various portions of the
country. Volume IV, section 4232.
Legislation relating to the office of the Supervising Architect of the
Treasury is within the jurisdiction of the Committee on Public
Buildings and Grounds. Volume IV, section 4232.
Government buildings within the District of Columbia are within the
jurisdiction of the Committee on Public Buildings and Grounds. Volume
IV, section 4233.
The bill authorizing the acquisition of a site and erection of the
Government Printing Office was placed within the jurisdiction of the
Committee on Public Buildings and Grounds. Volume IV, section 4233.
The bill for the purchase of the house in which Abraham Lincoln died
was reported by the Committee on Public Buildings and Grounds. Volume
IV, section 4234.
Subjects relating generally to the Capitol building, especially the
House wing, have been reported by the Committee on Public Buildings and
Grounds. Volume IV, section 4238.
Subjects relating to the House restaurant and kitchen have been within
the jurisdiction of the Committee on Public Buildings and Grounds.
Volume IV, section 4237.
Subjects relating to public reservations and parks within the District
of Columbia, including Rock Creek Park, are within the jurisdiction of
the Committee on Public Buildings and Grounds. Volume IV, section 4236.
Subjects relating to the Zoological Park in the District of Columbia
have been within the jurisdiction of the Committee on Public Buildings
and Grounds. Volume IV, section 4235.
COMMITTEES--Continued.
(109) Jurisdiction of the Several Standing Committees.--Public Lands.
The rule gives the Committee on Public Lands jurisdiction of subjects
relating to the lands of the United States. Volume IV, section 4194.
The Committee on Public Lands exercises jurisdiction as to such forest
reserves as are created out of the public domain. Volume IV, section
4194.
The Committee on Public Lands has jurisdiction over subjects relating
to those national parks created out of the public domain. Volume IV,
section 4198.
Bills relating to the preservation of prehistoric ruins and national
objects of interest on the public lands have been reported by the
Committee on Public Lands. Volume IV, section 4199.
The forfeiture of land grants and alien ownership of land have been
considered by the Public Lands Committee, although the Judiciary
Committee has also participated in the jurisdiction of certain land
questions. Volume IV, section 4201.
The Committee on Public Lands has exercised a general but not exclusive
jurisdiction over public lands in relation to minerals contained
therein, and has reported bills to establish schools of mines. Volume
IV, section 4202.
The Committee on Public Lands has exercised jurisdiction over the
public lands of Alaska, including grants to public-service
corporations. Volume IV, section 4196.
Subjects relating to Arkansas Hot Springs Reservation are within the
jurisdiction of the Committee on Public Lands. Volume IV, section 4200.
The Committee on Public Lands exercised a preliminary jurisdiction over
the subject of irrigation. Volume IV, section 4195.
The Committee on Public Lands has reported projects of general
legislation relating to various classes of land claims as related both
to States and individuals. Volume IV, section 4203.
(110) Jurisdiction of the Several Standing Committees.--Railways and
Canals (Abolished).
The rule gives to the Committee on Railways and Canals jurisdiction of
subjects relating ``to railways and canals other than Pacific
railroads.'' Volume IV, section 4217.
The Committee on Railways and Canals has retained a general
jurisdiction of the subject of canals, but has lost its jurisdiction as
to railways. Volume IV, section 4218.
(111) Jurisdiction of the Several Standing Committees.--Revision of the
Laws.
The rule gives to the Committee on Revision of the Laws jurisdiction of
subjects relating to the revision and codification of the statutes of
the United States. Volume IV, section 4293.
Examples of jurisdiction of the Committee on Revision of the Laws over
bills embodying codifications. Volume IV, section 4294.
In exceptional cases the Committee on Revision of the Laws has
exercised jurisdiction over bills embodying changes of law rather than
revisions or codifications. Volume IV, section 4295.
(112) Jurisdiction of the Several Standing Committees.--Rivers and
Harbors.
The rule gives to the Commission on Rivers and Harbors the jurisdiction
of subjects relating ``to the improvement of rivers and harbors.''
Volume IV, section 4118.
A subject of which the Rivers and Harbors Committee has jurisdiction
may be reported in the river and harbor bill. Volume IV, section 4119.
The preservation of public works for the benefit of navigation and the
use of water power on improved streams have been within the
jurisdiction of the Committee on Rivers and Harbors. Volume IV, section
4125.
The Committee on Rivers and Harbors has reported on the subject of an
international arrangement as to the use of water at the outlet of the
Great Lakes. Volume IV, section 4126.
COMMITTEES--Continued.
(112) Jurisdiction of the Several Standing Committee.--Rivers and
Harbors.--Continued.
Navigation of International boundary streams and the construction of
aids thereto have been considered by the Committee on Rivers and
Harbors. Volume VII, section 1843.
The preservation of Niagara Falls and the control and regulation of the
Niagara River are subjects which have been reported by the Committee on
Rivers and Harbors. Volume VII, section 1842.
A provision relating to a commission to investigate the conditions and
uses of waters adjacent to an international boundary line was ruled out
of the river and harbor bill as not being within the jurisdiction of
the Committee on Rivers and Harbors. Volume IV, section 4165.
Authorization of interstate agreements relating to river improvements
is a subject not within the jurisdiction of the Committee on Rivers and
Harbors. Volume VII, section 1845.
The investigation of watersheds of streams under improvement and the
survey and investigation of dams on such streams are subjects within
the jurisdiction of the Committee on Rivers and Harbors. Volume IV,
section 1833.
The Committee on Rivers and Harbors does not have jurisdiction of the
subject of canals and may not include provisions therefor in the river
and harbor appropriation bill. Volume IV, section 4219.
The subject of canals is not within the jurisdiction of the Committee
on Rivers and Harbors. Volume IV, section 4220.
Bills relating to intrastate inland waterways have been held to fall
within the jurisdiction of the Committee on Rivers and Harbors rather
than that of the Committee on Interstate and Foreign Commerce. Volume
VII, section 1840.
The construction of locks on navigable streams is a subject within the
jurisdiction of the Committee on Rivers and Harbors rather than that of
the Committee on Interstate and Foreign Commerce. Volume VII, section
1834.
The Committee on Rivers and Harbors has exercised jurisdiction over
proposed legislation pertaining to drainage districts and levees, but
may not report a bill relating to control of clerks of the War
Department in the administration of such legislation. Volume VII,
section 1844.
The pollution of navigable waters is a subject within the jurisdiction
of the Committee on Rivers and Harbors. Volume VII, section 1839.
The construction and maintenance, but not the rental, of equipment
necessary for river improvement are subjects within the jurisdiction of
the Committee on Rivers and Harbors. Volume VII, section 1835.
The Committee on Rivers and Harbors and not the Committee on Flood
Control was deemed to have jurisdiction over proposed legislation
relating to the erosion of banks along navigable streams. Volume VII,
section 1838.
The building, maintenance, and operation of bridges across navigable
waters or artificial waterways in process of construction is not within
the jurisdiction of the Committee on Rivers and Harbors. Volume VII,
section 1846.
(113) Jurisdiction of the Several Standing Committees.--Roads.
The rule gives to the Committee on Roads jurisdiction of ``Matters
relating to the construction or maintenance of roads, other than
appropriation therefor.'' Volume VII, section 2065.
Legislation authorizing Federal aid to the States in the construction
of rural post roads and Federal highways is within the jurisdiction of
the Committee on Roads. Volume VIII, section 2066.
The construction and maintenance of post roads are subjects within the
jurisdiction of the Committee on Roads and not the Committee on the
Post Office and Post Roads. Volume VII, section 2067.
A bill providing for the establishment of a Memorial National Highway
and authorizing Federal aid therefor was held to belong to the
Committee on Roads and not the Committee on Agriculture. Volume VII,
section 2068.
COMMITTEES--Continued.
(113) Jurisdiction of the Several Standing Committee.--Roads--
Continued.
The rule provide that it shall not be in order for any bill providing
general providing general legislation in relation to roads to contain
any provisions for any specific road, nor for any bill in relation to a
specific road to embrace a provision in relation to any other specific
road. Volume VII, section 2065.
(114) Jurisdiction of the Several Standing Committees.--Rules.
The rule gives to the Committee on Rule jurisdiction of ``all proposed
action touching the rules, joint rules, and order of business.'' Volume
IV, section 4321.
Subjects relating to the rules are referred to the Committee on Rules,
which has high privilege for its reports. Volume V, section 6770.
A report by the Committee on Rules on matters within its jurisdiction
is in order at any time. Volume VIII, section 2253.
A resolution which does not relate to rules, joint rules, or order of
business is not privileged when reported by the Committee on Rules.
Volume VIII, section 1044.
The question of consideration may not be raised against a report a
report from the Committee on Rules relating to the order of considering
individual bills. Volume VIII, section 2440.
The motion to recommit is not admitted after the previous question has
been order on a report from the Committee on Rules. Volume VIII,
section 2750.
It was held as early as 1876 that a proposition to change the rules
might be referred only to the Committee on Rules. Volume V, section
6776.
Rules of the House may be suspended by resolutions reported from the
Committee on Rules. Volume VIII, section 775.
The House may be adoption of a resolution reported from the Committee
on Rules suspend the rule providing for the division of a question.
Volume VII, section 775.
The motion for a recess has been given temporary privilege by a
resolution reported from the Committee on Rules. Volume VIII, section
3359.
Special orders providing for the consideration of individual bill or
classes of bills are reported by the Committee on Rules. Volume IV,
section 4326.
A special order providing for the consideration of a particular bill is
properly reported from the Committee on Rules. Volume IV, section 3160.
The first step by which the Committee on Rules became an
instrumentality through which the House may exercise special power for
a particular piece of legislation. Volume V, section 6780.
History of the evolution of the special order as made on a report from
the Committee on Rules. Volume V, section 3152.
An illustration of the functions of the Committee on Rules in affording
the House a method of suspending the rules by majority vote. Volume V,
section 6777.
Resolutions or orders for the creation of select committees to make
investigations are within the jurisdiction of the Committee on Rules.
Volume IV, section 4322.
Resolutions providing appointment of special committees fall within the
jurisdiction of the Committee on Rules. Volume VII, section 2049.
Resolutions or orders for the creation of select committees to make
investigations are within the jurisdiction of the Committee on Rules.
Volume VII, section 2048.
Jurisdiction over proposals for the creation of joint committees and
commissions has been held, but not invariably, to rest with the
Committee on Rules. Volume VII, section 2050.
A direction to a committee to make an investigation, being an addition
to its duties and therefore a change of the rules, should be referred
to the Committee on Rules. Volume IV, sections 4323, 4324.
Orders or resolutions directing committees of the House to make
investigations are considered by the Committee on Rules. Volume IV,
section 4322.
COMMITTEES--Continued.
(114) Jurisdiction of the Several Standing Committees.--Rules--
Continued.
In 1886 the former custom of permitting the various committees to
propose special orders for the consideration of business reported by
them began to cease, the functions being absorbed by the Committee on
Rules. Volume V, section 6774.
The Committee on Rules may report a resolution for the consideration of
a bill, even though the effect be to discharge a committee and bring
before the House a bill not yet rpoerted. Volume V, section 6771.
Instance wherein a bill with Senate amendments was taken from the
Speaker's table and the Senate amendment agreed to by resolution from
the Committee on Rules. Volume VIII, section 3149.
Managers on the part of the House may be authorized by resolution
reported form the Committee on Rules to agree to Senate amendments
carrying appropriations on a bill not originating as an appropriation
bill in the House. Volume VIII, section 1577.
Instnace where a conference report rejected on a point of order was
considered under a special order from the Committee on Rules. Volume
VIII, section 3270.
A motion may also be filed to discharge the Committee on Rules from the
consideration of special orders referred to that committee seven days
prior. Volume VII, section 1007.
If a motion to discharge the Committee on Rules prevails the House
immediately votes on the adoption of the special order and if decided
in the affirmative proceeds at once to its execution. Volume VII,
section 1007.
Form of resolution providing for consideration of a bill taken from the
Committee on Rules under motion to discharge and providing for
consideration of a bill adversely reported by the committee to which it
was referred. Volume VII, section 1012.
Orders relating to the use of the galleries of the House during the
electoral count are within the jurisdiction of the Committee on Rules.
Volume IV, section 4327.
Propositions relating to the hour of daily meeting and the days on
which the House shall sit are considered by the Committee on Rules.
Volume IV, section 4325.
(115) Jurisdiction of the Several Standing Committees.--Territories.
The Committee on Territories has, by rule, jurisdiction of subjects
relating ``to territorial legislation, the revision thereof, and
affecting Territories or the admission of States.'' Volume IV, section
4208.
The Committee on the Territories has jurisdiction of legislation
relating to the general affairs of the Territories and has even
reported bills relating to the courts. Volume IV, section 4209.
The Committee on the Territories has jurisdiction of general subjects
relating to the district of Alaska. Volume IV, section 4210.
The Committee on the Territories has exercised a general but not
exclusive jurisdiction as to game and fish in Alaska, including the
salmon fisheries. Volume IV, section 4211.
Bills relating to Alaskan fisheries belong to the Committee on the
Merchant Marine and Fisheries rather than to the Committee on the
Territories. Volume VII, section 1850.
The Committee on Territories has general jurisdiction of subjects
relating to the Territory of Hawaii. Volume IV, section 4212.
(116) Jurisdiction of the Several Standing Committees.--Ventilation and
Acoustics (Abolished).
The rule gives to the Committee on Ventilation and Acoustics
jurisdiction of subjects relating ``to ventilation and acoustics.''
Volume IV, section 4313.
Subjects relating to the Hall of the House have been considered by the
Committee on Ventilation and Acoustics. Volume IV, section 4314.
(117) Jurisdiction of the Several Standing Committees.--War Claims.
The rule gives to the Committee on War Claims jurisdiction of ``claims
arising from any war in which the United States has been engaged.''
Volume IV, section 4269.
COMMITTEES--Continued.
(117) Jurisdiction of the Several Standing Committees.--War Claims--
Continued.
The Committee on War Claims may report, within the limits of its
jurisdiction, bills making appropriations of money. Volume IV, section
4269.
The Committee on War Claims has exercised a general but not exclusive
jurisdiction over general bills providing for the adjudication or
settlement of classes of war claims. Volume IV, section 4270.
The war claims of States and Territories against the United States have
been considered, although not exclusively, by the Committee on War
Claims. Volume IV, section 4271.
The Committee on War Claims has reported in a few instances bills
relating to claims arising out of Indian hostilities. Volume IV,
section 4272.
(118) Jurisdiction of the Several Standing Committees.--Ways and Means,
as to Revenue, etc.
To come within the privilege given the Committee on Ways and Means to
report at any time a bill must show on its face that it relates to the
raising of revenue. Volume VIII, section 2280.
The rules confer on the Ways and Means Committee the jurisdiction of
subjects relating to the revenue and bonded debt of the United States.
Volume IV, section 4020.
The rules confer on the Ways and Means Committee the jurisdiction of
subjects relating to the revenue and measures purporting to raise
revenue and the bonded debt of the United States. Volume VII, section
1723.
The jurisdiction of the Committee on Ways and Means over tariff matters
being challenged on behalf of the Committee on the Revision of the
Laws, the House affirmed the claim of the former committee. Volume IV,
section 4029.
The former jurisdiction of the Committee on Interstate and Foreign
Commerce over customs matters related most closely to commerce has
passed to the Committee on Ways and Means. Volume IV, section 4026.
The Ways and Means Committee has exercised jurisdiction over the
subjects of customs unions, reciprocity treaties, and conventions
affecting the revenues. Volume IV, section 4021.
The Committee on Ways and Means has jurisdiction of bills providing
method of payment of duties and acceptance of negotiable instructions
in payment of duties and taxes. Volume VII, section 1730.
In the later practice of the House, subjects relating to transportation
of dutiable goods, ports of entry and delivery, and customs collection
districts have been reported by the Committee on Ways and Means. Volume
IV, section 4026.
Bills to license customhouse brokers come within the jurisdiction of
the Committee on Ways and Means. Volume VII, section 1727.
The Committee on Ways and Means has exercised jurisdiction over bills
providing for refund of duties collected on imports. Volume VII,
section 1731.
Bills relating to the United States Customs Court are within the
jurisdiction of the Committee on Ways and Means. Volume VII, section
1740.
Legislation providing for creation of a tariff board belongs within the
jurisdiction of the Committee on Ways and Means. Volume VII, section
1729.
Legislation prescribing regulations and pay for laborers unlading
vessels in the Customs Service has been reported by the Committee on
Ways and Means. Volume VII, section 1735.
The Ways and Means Committee has exercised jurisdiction over
legislation fixing compensation of employees of the customs service.
Volume VII, section 1724.
The Ways and Means Committee exercises jurisdiction over legislation
relating to appraisers of merchandise in the customs service. Volume
VII, section 1728.
Justidiction of Committee on Ways and Means and Interstate and Foreign
Commerce over bills relating to ports of entry and delivery. Volume IV,
section 4027.
COMMITTEES--Continued.
(118) Jurisdiction of the Several Standing Committees.--Ways and Means,
as to Revenue, etc.--Continued.
While the Committee on Agriculture has jurisdiction of revenue
legislation affecting oleo-margarine, the Ways and Means Committee has
retained jurisdiction as to revenue bills affecting tobacco, lard,
cheese, etc. Volume IV, section 4022.
The Committee on Ways and Means has jurisdiction of legislation
specifying methods of packing tobacco on which a tax is levied. Volume
VII, section 1726.
Bills relating to allowances on internal-revenue duties are reported by
the Committee on Ways and Means. Volume VII, section 1734.
The Committee on Ways and Means has jurisdiction over legislation
relating to the importation of narcotics. Volume VII, section 1733.
The Committee on Ways and Means has exercised jurisdiction as to the
seal herds and other revenue-producing animals of Alaska. Volume IV,
section 4025.
Jurisdiction over bills relating to the protection of seals and other
fur-bearing animals of Alaska, formerly exercised by the Committee on
Ways and Means, has now been transferred to the Committee on the
Merchant Marine and Fisheries. Volume VII, sections 1725, 1851.
The revenue relations of the United States with Porto Rico and the
Philippines are within the jurisdiction of the Committee on Ways and
Means. Volume IV, section 4024.
A joint resolution proposing a constitutional amendment authorizing
mutual taxation of salaries between State and Federal Governments was
held to come within the jurisdiction of the Committee on the Judiciary
rather than that of the Committee on Ways and Means. Volume VII,
section 1780.
Control and disposition of alien property held by the United States,
and the adjudication of conflicting claims of American subjects against
foreign governments and foreign subjects against the United States are
within the jurisdiction of the Committee on Ways and Means. Volume VII,
section 1737.
The Committee on Ways and Means has jurisdiction of bills relating to
adjusted compensation of World War veterans. Volume VII, section 1738.
Legislation pertaining to entry under bond of exhibits without payment
of duty falls within the jurisdiction of the Ways and Means Committee.
Volume VII, section 1732.
(119) Jurisdiction of the Several Standing Committees.--Ways and Means,
as to the Treasury, Debt, etc.
The Committee on Ways and Means has jurisdiction of subjects relating
to the Treasury of the United States and the deposit of the public
moneys. Volume IV, section 4028.
While the Ways and Means Committee has jurisdiction as to the revenues
and bonded debt of the United States, its claims as to the subjects of
``national finances'' and ``preservation of the Government credit''
have been resisted successfully. Volume IV, section 4023.
The Committee on Ways and Means and not the Committee on Irrigation of
Arid Lands has jurisdiction of legislation relating to issuance of
certificates of indebtedness to reclamation fund. Volume VII, section
1739.
Authorization to conduct negotiations relating to obligations of
foreign governments to the United States is a subject within the
jurisdiction of the Ways and Means Committee. Volume VII, section 1736.
(120) Jurisdiction of the Several Standing Committees.--Ways and Means,
as to Adjournments, etc.
The resolutions for final adjournment of Congress and the adjournment
for a recess are within the jurisdiction of the Committee on Ways and
Means. Volume IV, section 4031.
The resolutions distributing the President's annual message are within
the jurisdiction of the Committee on Ways and Means. Volume IV, section
4030.
COMMITTEES--Continued.
(120) Jurisdiction of the Several Standing Committees.--Ways and Means,
as to Adjournments, etc.--Continued.
The order changing the daily hour of meeting was formerly reported by
the Ways and Means Committee. Volume I, section 117.
(121) Jurisdiction of the Several Standing Committees.--Woman Suffrage.
The rule gave to the Committee on Woman Suffrage jurisdiction of ``All
proposed action touching the subject of woman suffrage.'' Volume VII,
section 2074.
Resolutions proposing constitutional amendments relating to woman
suffrage formerly came within the jurisdiction of the Committee on
Woman Suffrage. Volume VII, section 2075.
Legislation relating to the extension of woman suffrage in the
Territories was formerly held to be within the jurisdiction of the
Committee on Woman Suffrage and not the Committee on the Territories.
Volume VII, section 2076.
(122) Jurisdiction of the Several Standing Committees.--World War
Veterans' Legislation.
Examples of the general jurisdiction of the Committee on World War
Veterans' Legislation. Volume VII, section 2078.
Legislation authorizing hospital facilities for soldiers, sailors, and
marines is within the jurisdiction of the Committee on World War
Veterans' Legislation. Volume VII, section 2079.
(123) Procedure of.--Meeting and Action.
In absence of direction of the House, committees meet when and where
they please, but may only act when together. Volume IV, section 4540.
In the absence of direction by the House, committees designate the time
and place of their meetings. Volume VIII, section 2214.
Standing committees fix the time and place of their meetings, and in
the absence of such provision meet on the call of the chairman. Volume
VIII, section 2213.
The standing committees meet on days selected by the committee, or on
call of the chairman, or conditionally on the signed request of a
majority of the committee. Volume VIII, section 2208.
Where not otherwise provided, committees meet at the call of the
chairman, and in his absence, or inability to serve, at the call of the
ranking member acting under his authorization. Volume VIII, section
2214.
A committee may fix its hour of meeting. Volume IV, section 4566.
As to validity of action of a committee at an adjourned meeting whereof
some members were not notified. Volume IV, section 4592.
Rule of parliamentary law as to right of a Member to attend on a
committee to which he does not belong. Volume IV, section 4540.
(124) Procedure of.--Sittings and Recess.
Committees may not sit during sessions of the House. Volume IV, section
4545.
No committee except, the Committee on Rules, may, without leave, sit
during the sitting of the House. Volume IV, section 4546.
Leave for a committee to sit during sessions of the House does not
release its members from liability to arrest during a call of the
House. Volume IV, section 3020.
A request that a committee have leave to sit during the sessions of the
House has no privileged status in the order of business, and may be
prevented by a single objection. Volume IV, section 4547.
A committee takes a recess. Volume IV, section 4567.
(125) Procedure of.--Sittings After Final Adjournment.
The House may empower a committee to sit during a recess which is
within the constitutional session of the House. Volume IV, sections
4541-4543.
Committees may by the House be empowered to sit during a recess that is
within the term of the Congress, but not after the expiration of the
term. Volume IV, section 4545.
COMMITTEES--Continued.
(125) Procedure of.--Sittings After Final Adjournment--Continued.
Committees are created commissioners by law if their functions are to
extend beyond the term of the Congress. Volume IV, section 4544.
The Senate as a continuing body may continue its committees through the
recess following the expiration of a Congress. Volume VI, sections 180,
343.
The Senate, as a continuing body, may continue its committees through
the recess following the expiration of a Congress. Volume IV, sections
180, 343.
(126) Procedure of.--Quorum.
A majority of a committee constitutes a quorum for business. Volume IV,
sections 4540, 4552.
A quorum of a committee may transact business, and a majority of that
quorum, even though it be a minority of the whole committee, may
authorize a report. Volume IV, section 4586.
The House sometimes authorizes less than a quorum of a committee (a
quorum being a majority) to act. Volume IV, sections 4553, 4554.
The validity of testimony taken when a quorum of a committee was not
present has been doubted. Volume III, section 1774.
(127) Procedure of.--Secret Sessions.
It is entirely within rule and usage for a committee to conduct its
proceedings in secret. Volume IV, sections 4558-4564.
The proceedings of a committee, having no force until confirmed by the
House, are not to be published, according to the parliamentary law.
Volume IV, section 4557.
The committee appointed to investigate the Bank of the United States in
1834 held that its proceedings should be confidential, not to be
attended by any person not invited or required. Volume III, section
1732.
The rules do not permit the House to abrogate the secrecy of a
committee's proceedings, but it was done under suspension of the rules.
Volume IV, section 4565.
Instance wherein a committee, in its discretion, kept testimony secret.
Volume III, section 1694.
The House authorized the clerk of a committee to disclose by deposition
the proceedings of the committee. Volume III, section 2604.
(128) Procedure of.--Journal.
A committee controls its journal and sometimes grants leave to Members
to incorporate in it signed statements of their views. Volume IV,
section 4579.
It is not the right of a Member to enter on the journal of a committee
his reasons for objecting to certain procedure. Volume IV, section
4576.
(129) Procedure of.--Motions and Appeals.
The motion to lay on the table is used in committees. Volume III,
section 1737.
In standing or select committees of the House the motions to lay on the
table and to take from the table are admitted. Volume IV, section 4568.
The motion to reconsider is in order in a standing or select committee
of the House. Volume IV, sections 4570, 4571.
Discussion as to whether or not the motion to reconsider applies in a
committee. Volume IV, section 4596.
The yeas and nays are taken in committees. Volume IV, section 4572.
A committee may limit the time of debate. Volume IV, section 4573.
On an appeal from a decision of the chairman in a committee the Chair
voted to sustain his ruling, thereby producing a tie, and so the
decision was sustained. Volume IV, section 4569.
COMMITTEES--Continued.
(129) Procedure of.--Motions and Appeals--Continued.
Contrary to the procedure of the House, the motion to adjourn from day
to day is of high privilege in the committees. Volume VIII, section
2215.
(130) Procedure of.--Power Over Bills.
Committees may not change the title or subject of bills committed to
them and must set down on a separate paper the amendments which they
recommend. Volume IV, section 4557.
In considering a bill the committee should set down the amendments on a
separate paper. Volume IV, section 4667.
Limitation on the power of committees to order printing of hearings.
Volume V, section 7319.
(131) Procedure of.--In General.
In so far as applicable the rules of the House are the rules of the
standing committees. Volume VIII, sections 2213, 2215.
Recognition of voting proxies by standing committees is a matter to be
respectively determined by each committee for itself, but proxies may
not be counted to make a quorum. Volume VIII, section 2219.
The standing committees and the floor leaders are ordinarily authorized
by resolution to order necessary official printing, including printing
for party conferences. Volume VIII, section 3660.
Formerly authority to requisition printing and binding was granted
severally to committees of the House by separate resolutions, but
beginning with the Sixty-fifth Congress general leave to order
necessary printing and binding has been provided by blanket resolution.
Volume VIII, section 3659.
Discussion of practices of the committees in ordering printing of
hearings. Volume VI, section 374.
Instructions or privileges given to a committee by the House are
transmitted to the committee under the hand of the Clerk of the House.
Volume IV, section 4574.
A former regulation as to counsel appearing before committees. Volume
III, section 1771.
Instance wherein the House authorized two standing committees to sit as
one committee for the consideration of a specified bill. Volume IV,
section 4550.
A subcommittee is sometimes authorized to sit during sessions of the
House. Volume IV, section 4548.
In 1870 the Committee on Elections was divided into subcommittees, to
each of which was given the power of reporting directly to the House.
Volume IV, section 4551.
(132) Investigations by.--Authorization of.
In appointing committees of investigation it is obviously necessary to
disregard the former usage that the proposer of the committee should be
its chairman. Volume VI, section 400.
Orders or resolutions directing committees of the House to make
investigations are considered by the Committee on Rules. Volume IV,
section 4322.
Resolutions or orders for the creation of select committees to make
investigations are within the jurisdiction of the Committee on Rules.
Volume IV, section 4322.
Orders or resolutions directing committees of the House to make
investigations are considered by the Committee on Rules. Volume VII,
section 2048.
Resolutions providing for investigations in the department of the
Government come within the jurisdiction of the several expenditures
committees and not the Committee on Rules. Volume VII, section 2045.
Instance wherein the House empowered the Ways and Means Committee to
send for persons and papers in any matter arising out of business
referred to the committee. Volume III, section 1813.
COMMITTEES--Continued.
(132) Investigations by.--Authorizations of--Continued.
Reference to the statute providing for taking testimony in private
claims pending before a committee. Volume III, section 1826.
Committees of investigation, by authority of the House expressly given,
often carry on their work by subcommittees. Volume II, section 1754-
1759.
Early instance wherein testimony in a case of breach of privilege was
heard before a select committee. Volume II, section 1643.
An assault by one Member on another for words spoken in debate was made
the subject of an investigation by select committee. Volume II, section
1655.
The House by general order has revoked the powers of all its existing
committees of investigation. Volume III, section 1762.
(133) Investigations by.--Forms of Resolutions Directing.
Forms of resolutions for directing a standing committee to make an
investigation or for creating a select committee for that purpose.
Volume IV, section 4322.
Resolutions of the House authorizing a committee to make an
investigation. Volume III, section 1751.
Form of resolution authorizing the investigation of the ``silver pool''
in 1891 (footnote). Volume III, section 1701.
Form of resolution authorizing investigation of published statements
tat Members had entered into corrupt combinations in relation to
legislation. Volume III, section 1669.
Form of resolution providing for the Kansas investigation of 1856.
Volume I, section 826. Volume III, section 1752.
The two Houses by concurrent resolution constituted a joint select
committee of investigation, with power to send for persons and papers
and sit during the recess of Congress. Volume III, sections 1763, 1764.
A committee making an investigation sometimes makes a report asking the
House for instructions. Volume III, section 1761.
A committee charged with an investigation may ask the House to broaden
the scope of its authority. Volume III, section 1760.
(134) Investigations by.--Power to Compel Testimony.
Witnesses are summoned in pursuance and by virtue of the authority
conferred on a committee to send for persons and papers. Volume III,
section 1750.
Question as to the authorization required to enable a committee to
compel testimony. Volume III, section 1690.
The Kansas Committee of 1856 was empowered to send for persons and
papers and to arrest and bring before the House any witnesses in
contempt. Volume III, section 1752.
A Senate committee, with authority to take testimony in the recess
between two sessions of the same Congress, was yet unable to compel
testimony from a recalcitrant witness. Volume III, section 1837.
A minority of the Judiciary Committee were authorized to take testimony
in the Watrous case. Volume III, section 2499.
The House may confer upon the subcommittees of a committee the power to
send for persons and papers. Volume III, section 1801.
The House may empower a subcommittee to send for persons and papers and
conduct an investigation. Volume III, section 2029.
The Judiciary Committee was empowered in the Delahay case to take
testimony in Kansas through a subcommittee. Volume III, section 2504.
A Committee of the Whole, charged with an investigation in 1792, was
given the power to send for persons and papers. Volume III, section
1804.
An instance wherein the managers of an impeachment were endowed by the
House with the powers of an investigating committee. Volume III,
section 1685.
COMMITTEES--Continued
(134) Investigations by.--Power to Compel Testimony--Continued.
The House may empower a committee of investigation to examine
witnesses, but may not give it leave to report at any time except by a
special order changing the rules. Volume III, section 1770.
(135) Investigations by.--Issue of Subpoenas.
A committee not being able to decide the question of issuing certain
subpoenas, authorized a member of the committee to exhibit its journal
so that the House might act. Volume III, section 1802.
An investigating committee being empowered to sit during recess, the
Speaker was authorized and directed to sign subpoenas as during a
session. Volume III, section 1753.
The House sometimes directs the Sergeant-at-Arms to attend the sittings
of a committee and serve the subpoenas. Volume III, section 1753.
A Sergeant-at-Arms, serving subpoenas for a committee, makes his return
and it is entered on the journal of the committee. Volume III, section
1800.
Each House of Congress has power through its own process to summon a
private individual before one of its committees to give testimony which
will enable it the more efficiently to exercise its constitutional
legislative function. Volume VI, section 342.
(136) Investigations by.--Immunity of Witnesses.
Testimony given before a House or its committee may not be used as
evidence against the witness in any court except in case of alleged
perjury. Volume III, section 1769.
Discussion of the law giving immunity to witnesses testifying before
committees of the House. Volume III, section 2447.
Discussion of the privilege of a witness summoned to testify before a
committee of the House. Volume III, section 1779.
(137) Investigations by.--Contumacious Witnesses.
In 1891 a witness in contempt for refusing to testify before a
committee was arrested and arraigned, and after purging himself of the
contempt was discharged. Volume III, section 1701.
The House held valid a report transmitted by telegraph from an
investigating committee, and ordered the arrest of a person for
contempt on the strength of it. Volume III, section 1695.
A witness having promised when arraigned to testify before a committee,
the House gave him permission to do so, but did not discharge him from
custody until the committee reported that he had purged himself. Volume
III, section 1701.
A witness being arraigned for contempt in refusing to answer a
pertinent question asked by a committee, agreed, when arraigned, that
he would answer if so ordered by the House. Volume III, section 1692.
A witness being ordered by the House to answer a pertinent question
before a committee, was then removed from the bar, and later, on report
of the committee that he had answered, was discharged. Volume III,
section 1692.
A joint committee has ordered a contumacious witness into custody.
Volume III, section 1720.
A witness having declined to testify before a joint committee a
question arose as to whether one House or both should take proceedings
to punish for contempt. Volume III, section 1721.
In the latest practice a committee in reporting the contempt of a
witness shows that the testimony required is material and presents
copies of the subpoena and return. Volume III, section 1701.
In reporting the contumacy of a witness the committee appended to their
report extracts from the examination showing the circumstances. Volume
III, section 1694.
A committee in reporting the contumacy of a witness included a
transcript of the testimony, so as to show in what the contempt
consisted. Volume III, section 1671.
COMMITTEES--Continued.
(137) Investigations by.--Contumacious Witnesses--Continued.
A report of an investgating committee, in the form of a letter to the
Speaker, relating to contempt of a witness, was presented as a question
of privilege. Volume III, section 1697.
A telegram from the chairman of a committee making investigations in a
distant place, addressed to the Speaker and on the subject of
contumacious witnesses, was held in order as a communication of high
privilege. Volume III, section 1799.
A witness imprisoned for contempt before a committee purges himself by
stating to the House his readiness to go before the committee and not
by testiying directly to the House. Volume III, section 1686.
(138) Investigations by.--In Relation to Examinations at the Bar of the
House.
The House appointed a committee of privileges to determine the
procedure in the Anderson contempt case. Volume II, section 1606.
For the trial of Samuel Houston for contempt a committee on privileges
reported on a method of procedure. Volume II, section 1617.
(139) Investigations by.--Oath and Examination of Witnesses.
The committee regulates the summoning of witnesses. Volume III, section
1803.
The Speaker, the Chairman of the Commitee of the Whole or any other
committee, or any Member may administer oaths to witnesses in any case
under examination. Volume III, section 1769.
Form of oath adminstered to witnesses before a committee. Volume III,
section 1822.
An instance where the chairman of an investigating committee
administered the oath to himself and testified. Volume III, section
1821.
During an investigation by a committee if a question is objected to,
the committee decides whether or not it shall be put. Volume III,
section 1775.
Instance wherein a Member of the House not a member of the committee
was permitted to examine a witness. Volume III, section 2403.
A question proposed to be propounded by a member of a committee
directly to a witness should not be amended, but should be allowed or
rejected in its original form. Volume III, section 1773.
Rules for asking questions of a person under examination before a
committee or at the bar of the House. Volume III, section 1768.
A committee charged with an investigation sometimes adopts rules to
govern the examination of witnesses and the use of the testimony by
persons implicated. Volume III, sections 1841, 1842.
(140) Investigations by.--Members as Witnesses.
Members have been summoned before committees to testify as to
statements made by them in debate, but in one case a Member formally
protested that it was an invasion of his constitutional privilege.
Volume III, sections 1777, 1778.
(141) Investigations by.--Asking Attendance of Senators as Witnesses.
Where the House desires the testimony of Senators it is proper to ask
and obtain leave for them to attend. Volume III, sections 1790, 1791.
An instance wherein a committee of the House took the testimony of a
Senator, although consent of the Senate had not been obtained
(footnote). Volume III, section 1795.
A Senator having neglected to accept an invitation or respond to a
subpoena requesting him to testify before a House committee, the House
by message requested that the Senate give him leave to attend. Volume
III, section 1794.
A committee of the House having summoned certain Senators by subpoena,
the summons was either disregarded or obeyed under protest. Volume III,
sections 1792, 1793.
COMMITTEES--Continued.
(142) Investigations by.--Executive Officers as Witnesses.
Members of the President's Cabinet appear before committees of the
House and give testimony. Volume III, sections 1881-1883.
(143) Investigations by.--Rules of Evidence as to.
A question as to how far a legislative investigating committee should
be governed by the rules of evidence. Volume III, section 1839.
Discussion as to the rules which should govern the admission of
evidence before a legislative committee of investigation. Volume III,
section 1838.
Investigating committees do not always confine themselves within the
strict rules of evidence. Volume III, section 1736.
A telegram from a person beyond reach of the process of the House and
not verified by oath was held not competent evidence for the
consideration of an investigating committee. Volume III, section 1786.
Instance wherein a House committee charged with an investigation
examined testimony taken before a Senate committee. Volume III, section
2507.
In the Watrous investigation of 1860 the Judiciary Committee, without
special leave, consideratered the evidence and reports in preceding
Congresses relating to this case. Volume III, section 2499.
(144) Investigations by.--Counsel Before.
It is for the House to say whether or not a person whose conduct is
being investigated shall be allowed to appear before the committee by
counsel. Volume III, section 2501.
A Member's character being impeached by the statement of another Member
before an investigating committee, the committee allowed both Members
to be represented by counsel. Volume III, section 1847.
The committee investigating charges made by a Member of the House
against a member of the press gallery, allowed the member to be
presented by counsel. Volume III, section 1846.
Latitude permitted by an investigating committee to the counsel of an
executive officer who had been implicated by the terms of the
resolution creating the committee. Volume III, section 1788.
The committee investigating charges against Secretary of the Treasury
W.H. Crawford permitted him to be represented by counsel and to produce
testimony. Volume III, section 1741.
The Vice-President was represented by a Member of the House before a
committee of the House which was investigating charges against him.
Volume III, section 1736.
Instance wherein a witness summoned before an investigating committee
was accompanied by counsel. Volume III, section 1772.
A Senate committee determined that a witness summoned to testify before
it was not entitled to counsel. Volume III, section 1837.
(145) Investigations by.--Privileges of Persons Concerned.
A Member implicated by the testimony taken by a committee was permitted
to read the testimony, testify himself, and call witnesses. Volume III,
section 1848.
Instance wherein an investigating committee permitted a person
implicated by testimony already given to appear and testify. Volume
III, section 1789.
Members who had been concerned in a duel which resulted in the death of
a Member were permitted to attend and cross-examine witnesses during
the investigation. Volume II, section 1644.
A Member of the Cabinet who had been implicated by the terms of a
resolution creating a committee of investigation was permitted to have
witnesses summoned. Volume III, section 1787.
COMMITTEES--Continued.
(146) Investigations by.--When Members or Senators are Implicated.
When an inquiry by a committee involves a Member the committee may only
report to the House, whereupon the Member is heard or the committee is
given authority to inquire concerning him. Volume IV, section 4557.
When testimony elicited by a committee involves a Member the committee
is to report to the House that the Member may be heard and special
authority be given to inquire concerning him. Volume III, section 1840.
Method of procedure where testimony before an investigating committee
implicates Members of the House. Volume III, section 1845.
Charges against a Member having developed during examination by a
committee a resolution directing the committee to report them was
offered as of privilege and agreed to by the House. Volume III, section
1843.
Examinations by committees into alleged corrupt practices having
implicated Members, the committees reported recommendations without
first seeking the order of the House. Volume III, section 1844.
A committee selected to investigate charges against Members generally
did not ask special authority to proceed against one who was found to
be implicated. Volume II, section 1275.
An examination before a committee disclosing that a Member was
implicated the committee informed him of the fact in order that he
might attend. Volume III, section 1831.
Instance wherein testimony taken before a committee and relating to
conduct of a Member was not reported to the House at once. Volume III,
section 2637.
A committee of the House having reported that it had taken testimony
which inculpated a Senator the House directed that it be transmitted to
the Senate. Volume III, section 1850.
An investigating committee of the House having taken testimony
affecting a Member of the Senate the House transmitted the same to the
Senate. Volume II, section 1276.
A committee of the House having taken testimony affecting a Senator it
was ordered that a copy of it be sent to him. Volume III, section 1852.
Testimony affecting a Senator when taken by a House committee in open
session need not be under seal when transmitted to the Senate. Volume
III, section 1851.
Testimony taken by the Senate having implicated a Member of the House,
the House ordered an investigation, although the testimony had not been
transmitted. Volume III, section 1853.
Testimony taken before a joint select committee tending to impeach the
official characters of a Senator and a Representative the committee
ordered the testimony to be reported to each House. Volume III, section
1854.
(147) Investigations by.--Reports by.
A committee of investigation sometimes submits the testimony to the
House with its report. Volume IV, section 4668.
An investigating committee sometimes reports testimony to the House
with the recommendation that it be sealed and so kept in the files
until further order of the House. Volume III, section 1782.
The proceedings of an investigating committee having brought out
statements reflecting on the character of a person not directly
involved in the inquiry and not a Member of either House, the House
refused to incorporate his explanation in the report. Volume III,
section 1736.
A citizen who considered himself implicated by the investigation of a
committee was allowed to insert an explanation in the report. Volume
III, section 1849.
A committee which had been empowered to investigate charges of
corruption on the part of its members recommended that the evidence be
transmitted to the Attorney General. Volume III, section 1836.
COMMITTEES--Continued.
(147) Investigations by.--Reports by--Continued.
The House having investigated charges against General Wilkinson, of the
Army, the results were transmitted to the President by the hands of a
committee. Volume III, section 1727.
(148) Investigations by.--In General.
The rules provide for the rate of compensation of witnesses summoned to
appear before the House or either of its committees. Volume III,
section 1825.
A Member in debate may impeach the testimony of a witness before a
committee. Volume V, section 5171.
A charge that the chairman of an investigating committee had suppressed
evidence was presented as a matter of privilege. Volume III, section
1786.
The creation of an investigating committee to examine a department of
the Government was held not to be in order on an appropriation bill.
Volume IV, sections 3820, 3821.
The House requested the President, if necessary, to afford military
protection to the Kansas Committee of 1856. Volume III, section 1752.
A Member who had preferred charges against Judge Boatner declined, as a
member of the Judiciary Committee, to vote on his case. Volume III,
section 2518.
The Senate having requested from the House the testimony taken by a
certain investigating committee, the House ordered it communicated in
secrecy, with the injunction that it be returned. Volume III, section
1855.
Expenditures by various select and joint committees of investigation,
as reported by the Clerk of the House. Volume VI, section 390.
(149) Examination in Election Cases.--Authorization of.
Instance of an inquiry into a Member's title to his seat by the
Elections Committee under authority of general investigations. Volume
I, section 764.
Instance wherein testimony in an election case was, in the absence of
law or rule, taken by direction of the committee. Volume I, section
793.
Form of resolution authorizing the Elections Committee to procure
ballots and other evidence. Volume I, section 731.
Instance wherein credentials were referred to a committee with
instructions to inquire either as to prima facie or final right. Volume
I, section 523.
A committee having power to report on either prima facie or final right
made a single report on final right only. Volume I, section 472.
In 1899 the House referred the case of Brigham H. Roberts to a
committee with directions to report on both the prima facie and final
right. Volume I, section 474.
In the case of Brigham H. Roberts the committee reported at one and the
same time on both the prima facie and final right. Volume I, section
474.
Instance wherein the House authorized the Elections Committee to send
for persons and papers in an election case already made up. Volume I,
section 731.
The House may give to its Elections Committee discretion to regulate
the serving of notice and taking of testimony in an election case.
Volume I, section 599.
Decision of Federal court confirming the right of duly constituted
congressional committees of investigation to inquire into matters
pertaining to primary elections. Volume VI, section 355.
(150) Examination in Election Cases.--Method of.
Rules of the Elections Committee for hearing a contested election case.
Volume I, section 707.
Rules of the Elections Committee for hearing a contested election case.
Volume VI, section 110.
The first rule for the examination of an election contest before the
Elections Committee. Volume I, section 717.
COMMITTEES--Continued.
(150) Examination in Election Cases.--Method of--Continued.
In the First Congress the House required its Elections Committee to
hear testimony and arguments on both sides of the case, and to report
facts only to the House. Volume I, section 756.
The right of contestee to cross-examine and present testimony was
conceded in the first election case. Volume I, section 717.
In the first election case the Committee on Elections were directed to
take proofs, but not to present any opinion thereon. Volume I, section
420.
The Elections Committee, at the outset of an investigation, called on
the claimants to state in writing the grounds of their respective
claims. Volume I, section 792.
A Member whose qualifications were questioned was permitted to be
present before the committee, cross-examine, and offer counterproofs.
Volume I, section 420.
Witnesses were examined under oath and in the presence of Brigham H.
Roberts during the committee's investigation of his qualifications.
Volume I, section 475.
In the investigation of the qualifications of Brigham H. Roberts the
committee permitted his presence and suggestions during discussion of
the plan and scope of the inquiry. Volume I, section 475.
In considering the qualifications of Brigham H. Roberts the committee
tendered to him the opportunity to testify in his own behalf. Volume I,
section 475.
An early instance where partisan bias was charged against the Elections
Committee. Volume I, section 795.
(151) Examination in Election Cases.--Rules of Evidence.
The House has declared that an election committee should act as a
judicial body, according to the rules of law. Volume I, section 635.
Complaint in the Smoot investigation that the rules of evidence were
not adhered to by the Senate committee. Volume I, section 481.
Instance wherein the House referred to an elections committee,
considering a particular case, a report of a joint committee
incidentally referring to said case. Volume I, section 607.
Criticism and discussion as to latitude of inquiry permitted in a
committee's investigation of the right of a Senator to his seat. Volume
I, section 693.
(152) Examination in Election Cases.--In General.
In a case where there were no credentials, the House, in examining as
to prima facie right, declined to permit the election returns to be
considered by the committee. Volume I, section 559.
An elections committee having reported as to one feature of a contest,
the House discharged the committee from further consideration of that
portion of the case. Volume I, section 622.
Instance wherein the report of the Elections Committee was overruled by
the House. Volume I, section 829.
An instance wherein the House decided on its own initiative an election
case pending before the Committee on Elections. Volume I, section 462.
Two committees of the House having adjudged a Member-elect to be
ineligible to membership in the House of Representatives, and the House
having twice refused to seat him, the committee a third time declared
him to be ineligible, but did not consider it necessary to recommend a
resolution to that effect. Volume VI, section 59.
Instance wherein the time permitted by the rules in which the election
committees of the House shall make final report on contested-election
cases was extended by resolution. Volume VI, section 185.
The House and its committees are not to be considered boards of
recount, and returns made by boards, charged with that duty by the
State in which the election is held, are presumed correct until
impeached by proof of irregularity or fraud. Volume VI, section 164.
COMMITTEES--Continued.
(152) Examination in Election Cases.--In General--Continued.
Neither Congress nor its committees is bound by act of a State judge in
a contested election case. Volume VI, section 187.
(153) Impeachment Inquiries by.--Basis for.
Form of resolution authorizing investigation with a view to
impeachment. Volume VI, section 513.
Form of resolution instructing the Judiciary Committee to examine the
charges against Judge Archbald. Volume VI, section 498.
The impeachment proceedings were set in motion through a resolution
introduced by delivery to the Clerk and referred to the Committee on
the Judiciary. Volume VI, section 513.
The investigation into the conduct of Judge Peck was revived by
referring to a committee a memorial presented in a former Congress.
Volume III, section 2364.
The House referred to the Committee on Reconstruction the evidence
taken by the Judiciary Committee in the first attempt to impeach
President Johnson. Volume III, section 2408.
A Member having risen in his place and impeached Judge Wilfley and
offered a resolution providing for an investigation, the House referred
the matter to the Judiciary Committee. Volume VI, section 525.
The House referred the charges made against Judge Hanford to the
Judiciary Committee for investigation. Volume VI, section 526.
In 1892, the House referred to the Judiciary Committee the evidence
taken in the Boarman investigation of 1890, as material in a new
investigation. Volume III, section 2518.
A committee of the House having conducted a preliminary inquiry, a
special subcommittee was by joint resolution created to further
investigate the case with a view to impeachment. Volume VI, section
552.
Charges having been preferred by a Member of the House, the committee
to which the matter was referred reported a resolution providing for
the creation of a special committee of investigation. Volume VI,
section 551.
The impeachment of Secretary Belknap was set in motion through the
findings of a committee empowered to investigate generally. Volume III,
section 2444.
A committee empowered to investigate generally reported a resolution
for the impeachment of Secretary Belknap. Volume III, section 2444.
In the investigation of 1856 the Judiciary Committee made a report
favoring impeachment on the strength of memorials and without the power
to compel testimony being given by the House. Volume III, section 2496.
The Watrous investigation of 1857 was limited in its scope by the
withdrawal from the Judiciary Committee of a memorial containing
certain charges. Volume III, section 2497.
(154) Impeachment Inquiries by.--Rules of Evidence.
In the first investigation of the conduct of President Johnson the
committee relaxed the strict rules of evidence. Volume III, section
2403.
The most liberal latitude was allowed in the examination of witnesses
before the committee which investigated the conduct of Judge Blodgett.
Volume III, section 2516.
The inquiry of 1890 into the conduct of Judge Boarman was conducted
according to the established rules of evidence. Volume III, section
2517.
An opinion of the Judiciary Committee that a person under
investigation, with a view to impeachment may not be compelled to
testify. Volume III, section 2514.
The rule as to the pertinency of evidence to the charges was enforced
in the investigation of Judge Swayne's conduct. Volume III, section
2471.
In the Watrous investigation of 1860 the Judiciary Committee, without
special leave, considered the evidence and reports in preceding
Congresses relating to this case. Volume III, section 2499.
COMMITTEES--Continued.
(154) Impeachment Inquires by.--Rules of Evidence--Continued.
The House sometimes continues an investigation begun in a preceding
Congress with a view to an impeachment, making use of the former report
and the testimony already taken. Volume III, section 2029.
(155) Impeachment Inquiries by.--Ex Parte.
In Judge Peck's case the committee proceeded on the theory of an ex
parte inquiry. Volume III, section 2366.
The investigation into the conduct of Judge P. K. Lawrence in 1839 was
entirely ex parte. Volume III, section 2494.
In the Watrous investigation of 1860 the Judiciary Committee proceeded
ex parte. Volume III, section 2499.
The first investigation of President Johnson's conduct was conducted ex
parte and in executive session. Volume III, section 2403.
It does not appear that President Johnson sought to be represented
before the committee making the first investigation. Volume III,
section 2403.
The second investigation of the conduct of President Johnson was ex
parte. Volume III, section 2409.
(156) Impeachment Inquiries by.--Accused Represented.
In investigating charges of an impeachable offense the committee
permitted the accused to be represented by counsel and have process to
compel testimony. Volume III, section 1736.
Judge Peck was not permitted to bring witnesses before the House, but
cross-examined, and filed a statement . Volume III, section 2366.
During the investigation of Judge Thruston with a view to impeachment
he was present and cross-examined witnesses. Volume III, section 2491.
In the investigation of 1852, Judge Watrous, the accused, was permitted
to appear before the committee with counsel (footnote). Volume III,
section 2495.
In the investigation of 1857 the committee formally permitted Judge
Watrous to file a written explanation and cross-examine witnesses in
person or by counsel. Volume III, section 2497.
The committee which ascertained questionable facts concerning the
conduct of Secretary Belknap, gave him opportunity to explain, present
witnesses, and cross-examine witnesses. Volume III, section 2445.
In the Seward investigation the respondent was represented by counsel
and in person before the committee. Volume III, section 2514.
Judge Boarman made a sworn statement or answer to the committee
investigation his conduct in 1890, but did not testify. Volume III,
section 2517.
At the investigation of 1892 Judge Boarman testified and was cross-
examined before the committee. Volume III, section 2518.
In the investigation of Judge Ricks the respondent made a statement
before the committee and offered testimony in his behalf. Volume III,
section 2520.
In the investigation of Judge Blodgett both the complainants and the
respondent were represented by counsel and produced testimony before
the committee. Volume III, section 2516.
In investigating the conduct of Judge Swayne both complainants and
accused were permitted to introduce sworn testimony. Volume III,
section 2470.
In the investigation of the conduct of Judge Swayne the accused was
present in person with counsel and argued his own case. Volume III,
section 2470.
In the second investigation Judge Swayne testified on his own behalf
and cross-examined. Volume III, section 2471.
In investigating the conduct of Judge Archbald, the Judiciary
Committee, by resolution, extended to the accused permission to be
present with counsel and cross-examine witness. Volume VI, section 498.
COMMITTEES--Continued.
(156) Impeachment Inquiries by.--Accused Represented--Continued.
The special committee authorized to conduct the investigation held
hearings at which Judge Louderback appeared in person and by counsel.
Volume VI, section 514.
In the investigation into the conduct of Judge Wilfley, he appeared
before the committee and testified under oath. Volume VI, section 525.
During the investigation of Judge Hanford with a view to impeachment,
he was represented by counsel who cross-examined witnesses and produced
evidence in his behalf. Volume VI, section 526.
During the investigation of Judge Wright with a view to impeachment he
was permitted to appear before the committee with counsel. Volume VI,
section 528.
(157) Impeachment Inquiries by.--Before Subcommittees, etc.
Form of resolution providing for an investigation by the Judiciary
Committee and authorizing a subcommittee to exercise powers delegated
to the committee. Volume VI, section 530.
A committee charged with an investigation looking to impeachment
delegated the inquiry to a subcommittee. Volume VI, section 528.
The closing arguments in the Swayne investigation were heard before the
subcommittee which had taken the evidence. Volume III, section 2471.
A subcommittee, with power to send for persons and papers, was sent to
Louisiana to investigate the conduct of Judge Durel. Volume III,
section 2508.
A subcommittee visited Louisiana and took testimony against and for
Judge Boarman. Volume III, section 2517.
The Member who lodged charges against Judge Boarman conducted the case
against him before the subcommittee. Volume III, section 2517.
The committee investigating Judge Swayne took testimony in the judge's
district, as well as in Washington. Volume III, section 2470.
A witness having refused to testify before a subcommittee was arrested
and detained in custody. Volume VI, section 531.
The report of a subcommittee was disregarded and was not included as a
part of the report of the committee to the House. Volume VI, section
525.
The report of the subcommittee, while recommending the discontinuance
of impeachment proceedings against Judge Hanford, declared him to be
disqualified for his position and recommended acceptance of his
resignation. Volume VI, section 526.
(158) Impeachment Inquiries by.--In General.
Instance wherein a special committee was created for the purpose of
instituting an inquiry and drafting articles of impeachment if found to
be warranted by the circumstances. Volume VI, section 550.
Instance wherein a special committee of investigation was authorized to
sit after adjournment of the current Congress and report to the
succeeding Congress. Volume VI, section 550.
A joint resolution created a select committee (in effect a commission),
composed of Members of the House, and authorized it to report to the
succeeding Congress. Volume VI, section 544.
A Committee was authorized to send for persons and papers and to
administer oaths in an investigation delegated to it by the House.
Volume VI, section 536.
A select committee visited various States and took testimony. Volume
VI, section 544.
In the first attempt to impeach President Johnson the investigation was
made by the Judiciary Committee. Volume III, section 2400.
The second and successful proposition to impeach President Johnson was
reported from the Committee on Reconstruction. Volume III, section
2409.
The House referred the charges made against Judge Lawrence in 1839 to a
select committee instead of to the Judiciary Committee. Volume III,
section 2494.
In the Watrous investigation of 1856 the Judiciary Committee, following
precedents, reported the evidence, but made no specific charges. Volume
III, section 2496.
COMMITTEES--Continued.
(158) Impeachment Inquiries by.--In General--Continued.
An instance wherein a committee charged with the investigation reported
articles with the resolution of impeachment. Volume III, section 2514.
The resolution impeachment Judge Swayne was reported from a divided
committee. Volume III, section 2470.
Following the Chase precedent the committee refrained from given their
reasons for concluding that Judge Peck should be impeached. Volume III,
section 2365.
In reporting in favor of impeaching Judge Peck the committee submitted
transcripts of testimony. Volume III, section 2365.
Under the parliamentary law witnesses in an impeachment trial may be
examined by a committee. Volume III, section 2161.
The question as to whether or not testimony in an impeachment trial
might be taken by a committee of the Senate. Volume III, section 2217.
Two of the seven members of the committee for the Chase investigation
were from the number opposing the investigation. Volume III, section
2342.
An official against whom charges of impeachment were pending asked
leave and was allowed to file an answer. Volume VI, section 537.
A committee of the House by majority report held a commissioner of the
District of Columbia not to be a civil officer subject to impeachment
under the Constitution. Volume VI, section 548.
A vacancy on a special committee created by joint resolution was filled
by a further joint resolution. Volume VII, section 552.
(159) Reports of.--Authorization of.
Committees can only agree to a report acting together. Volume IV,
section 4584.
Committees can only agree to a report acting together. Volume VIII,
section 2220.
No committee report is valid except what has been agreed to in
committee actually assembled. Volume IV, sections 4540, 4583.
In a committee a majority vote, a quorum being present, is sufficient
to authorize a report, even although later by action of absentees those
signing minority views outnumber those who voted for the report. Volume
IV, section 4585.
A report of a committee is sometimes authorized by the affirmative
votes of less than a majority of the whole committee, some Members
being silent or absent. Volume II, sections 985, 986.
A report sustained by a vote of a majority of the committee is not
impeached by the fact that a less number sign it. Volume II, section
1091.
A report of a committee is not necessarily signed by all of those
concurring in it. Volume II, section 1274.
The majority of a committee do not always sign the report, but the
minority views are subscribed by those submitting them. Volume IV,
section 4671.
A report signed by a majority of a committee is valid, although a
necessary one of that majority may not concur in all the statements.
Volume IV, section 4587.
Four members of committee composed of nine having been authorized by
the committee to submit to the House a report a question arose as to
whether or not the matter submitted by the four was the report of the
committee. Volume IV, section 4597.
A committee having authorized one report, and then after
reconsideration having authorized another, the House, when both reports
were offered, voted to receive the first. Volume IV, section 4596.
Objection being made that a report has not been properly 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. Volume IV, sections 4588-4591.
Instance wherein the majority of a committee agreed on a report, but
disagreed on the facts necessary to sustain the report. Volume I,
section 819.
COMMITTEES--Continued.
(159) Reports of.--Authorization of--Continued.
A bill improperly reported from a committee is not entitled to its
place on the Calendar. Volume IV, section 3117.
The Speaker, being satisfied of the correctness of the authorization of
a report, may decide that it shall be received. Volume IV, sections
4592, 4593.
It being shown that a majority of a committee had met and authorized a
report, the Speaker did not heed the fact that the meeting was not
regularly called. Volume IV, section 4594.
The validity of a committee's action in reporting a bill may not be
questioned after actual consideration of the bill has begun in the
House. Volume IV, section 4599.
The House having voted to consider a report, it is too late to question
whether or not the report has been made properly. Volume IV, section
4598.
Additional members of a committee having been authorized but not
appointed, it is in order for the committee to report as usual. Volume
IV, section 4595.
(160) Reports of.--When a Committee is Unable to Authorize.
Instance wherein a committee, unable to agree, reported this fact to
the House, and it became a basis for action. Volume I, section 364.
A committee being unable to reach a decision, this fact was reported
with accompanying minority views. Volume II, section 945.
A committee, being equally divided on a question of impeachment,
authorized the chairman to report the evidence and two resolutions,
representing, respectively, the two opinions dividing the committee.
Volume IV, section 4664.
In the Watrous investigation of 1857, the committee being equally
divided, reported the evidence and two propositions, each supported by
minority views. Volume III, section 2497.
In the first attempt to impeach President Johnson the committee
reported the testimony, and also majority and minority arguments.
Volume III, section 2403.
A committee being unable to agree on a recommendation for action, may
submit a statement of this fact as their report. Volume IV, sections
4665, 4666.
Instance wherein a committee, being equally divided, reported to the
Senate its inability to present a proposition for action. Volume I,
section 347.
Instance wherein a committee, being equally divided, reported to the
Senate its inability to present a proposition for action. Volume I,
section 347.
An instance where a Senate committee notified the Senate of its
inability to report a bill. Volume IV, section 4666.
An elections committee being curiously confused as to its majority and
minority conclusions, the House disregarded both. Volume I, section
819.
(161) Reports of.--Views of the Minority.
The minority of a committee may not make a report or present a
proposition of legislation, but in later years the rules have given to
them the right to file views to accompany the report. Volume IV,
sections 4601-4605.
Minority views accompany reports of committees as a matter of right,
but unless filed simultaneously with the report, may be presented only
by consent of the House. Volume VIII, section 2231.
Unless filed with the report, minority views may be presented only by
the consent of the House. Volume IV, section 4600.
Evolution in House and Senate of the practice of filing minority views
with reports of committees. Volume IV, sections 4601-4605.
Minority view were not permitted previous to 1822, but the present
practice began to develop soon after that date. Volume IV, sections
4608-4618.
The report of the Select Committee on the Bank of the United States
submitted to the House in 1832 was accompanied by minority views and
individual views. Volume IV, section 4474.
COMMITTEES--Continued.
(161) Reports of.--Views of the Minority--Continued.
Minority views were filed in 1834 by members of the committee appointed
to investigate the affairs of the Bank of the United States. Volume
III, section 1732.
Discussion in the Senate on the presentation of minority views. Volume
IV, sections 4617, 4618.
Members of a committee sometimes submit individual views in addition to
the regular minority views. Volume IV, section 4671.
Minority views may accompany the report of a subcommittee made to the
committee. Volume III, section 1801.
A resolution accompanying minority views has no standing thereby, but
must be offered by a Member on the floor. Volume IV, section 4606.
Views of the minority may not include transcripts of testimony or other
matters not strictly in the nature of argument. Volume IV, section
4607.
Instance wherein the minority of an elections committee recommended
declarations as to the question in issue. Volume I, section 819.
A minority of a committee, as a question of privilege, having charged
the committee with neglect of duty, it was held that the minority, not
being competent to make a report, might not thus present a question of
privilege. Volume IV, section 4619.
It is not in order for the minority to present to the House the records
of a committee to show that the committee is disregarding its duty.
Volume IV, section 4619.
(162) Reports of.--To be in Writing.
All bills, petitions, or memorials or resolutions reported from a
committee shall be accompanied by reports in writing, which shall be
printed. Volume V, section 5647.
Reports of committees are required to be submitted in writing. Volume
IV, section 4652.
While a rule requires that every bill reported from a committee shall
be accompanied by a written report the sufficiency of that report is
passed on by the House and not the Speaker. Volume IV, section 4653.
The House always insists that reports on bills, resolutions, petitions,
and memorials shall be in writing. Volume IV, section 4655.
A verbal statement may not be received in the House as the report of a
committee. Volume IV, section 4654.
It is for the House and not the Speaker to decide as to the sufficiency
of a report made in writing by a committee. Volume II, section 1339.
(163) Reports of.--Form of.
Forms of written reports submitted by committees (footnote). Volume IV,
section 4652.
Form of a report by a joint committee. Volume V, section 7075.
An example of a joint report signed by Members of the two Houses.
Volume III, section 1953.
Bills reported without indication of changes proposed in existing law
are automatically recommitted to the respective committees reporting
them. Volume VIII, sections 2237, 2250.
Although a bill proposed but one minor and obvious change in existing
law, the failure of the report on the bill to indicate this change by
typographical device, was held to be in violation of the rule. Volume
VIII, section 2236.
The rule requiring comparative prints in reports on measures repealing
existing law while effective as to substantive legislative provisions
reported in general appropriation bills is not otherwise applicable to
reports from the Committee on Appropriations and does not extend to
changes in paragraphs, merely carrying stated appropriations. Volume
VIII, section 2241.
A committee having reported a public bill grouping together the
authorization of several distinct works, all within the jurisdiction of
the committee, it was held that no point of order could be sustained
when the bill came up in Committee of the Whole. Volume IV, sections
4656, 4657.
COMMITTEES--Continued.
(163) Reports of.--Form of--Continued.
A committee having reported a private bill grouping together a series
of claims, each belonging to the jurisdiction of the committee, it was
held that no point of order would be sustained when the bill came up in
Committee of the Whole. Volume IV, section 4784.
A bill reported from a committee in a new draft takes a new number.
Volume IV, section 3382.
A general investigation having been conducted by subcommittees, the
several reports were made to the committee and appended to its general
report. Volume III, section 1801.
(164) Reports of.--Relation of, to Action by the House.
The report of a committee is in the nature of an argument or
explanation, and does not by itself come before the House for amendment
or other action. Volume IV, section 4674.
A committee may report a bill to the House with no recommendation for
action. Volume IV, sections 4661, 4662.
Although the report of a committee may not contain a proposition for
action, the House may predicate action upon it. Volume IV, section
4665.
A committee may submit a report which does not contain a recommendation
of action, and the House may agree to such report, in which case it
appears in the Journal. Volume IV, section 4660.
The report of a Select Committee on the Conduct of the Speaker was
voted on by the House, although it contained no order or resolution,
and was spread on the Journal without direction of the House. Volume
II, section 1364.
The House may by vote agree to the report of a committee, in which case
it appears in the Journal. Volume IV, section 4675.
Instance wherein a privileged report, which presented facts and
conclusions, but no legislative proposition, was read to the House.
Volume IV, section 4663.
A committee may make several reports on the same general subject.
Volume IV, section 4669.
Instance wherein a committee submitted a report on one feature of a
bill with recommendation that it be referred to another committee for
examination as to another feature. Volume IV, section 4658.
A committee having jurisdiction of the subject may originate a bill and
report that bill adversely. Volume IV, section 4659.
(165) Reports of.--Presentation to the House.
When a committee concludes consideration of a bill a motion to rise and
direct the chairman to report is in order. Volume IV, section 4667.
The report of a committee is regularly read and agreed to in committee
and a member of the committee is ordered to report it to the House.
Volume IV, section 4668.
A committee may order its report to be made by the chairman or by any
other of its members. Volume IV, section 4669.
It has been the usage since the early days for committees to report
through any Member whom they may select. Volume IV, section 4526.
A member of the minority party on a committee is sometimes ordered to
make the report. Volume IV, section 4672.
Instance in the Senate wherein a member of the minority portion of a
committee was directed by major vote on the committee to report a bill.
Volume IV, section 4673.
The chairman of a committee having made a report to the House in
accordance with the instruction of his committee may not withdraw it
except by consent of the House. Volume IV, section 4690.
Bills from a committee having leave to report at any time must be
reported from the floor of the House and not by filing them with the
Clerk. Volume IV, section 3146.
Reports of committee, except privileged reports, are submitted to the
House by delivering them to the Clerk. Volume IV, section 4620.
COMMITTEES--Continued.
(165) Reports of.--Presentation to the House--Continued.
Instance wherein a committee empowered to sit during recess was
directed to file its report with the Clerk of the House. Volume III,
section 1741.
The House sometimes orders a committee's report to be made in recess by
handing it to the Clerk of the House. Volume IV, sections 4676, 4677.
Proportion of bill reported by committees and passed by the House
(footnote). Volume IV, section 3365.
While a privileged bill reported by delivery to the Clerk through the
basket thereby forfeits its privilege, it may be at any time reported
from the floor and is then privileged for immediate consideration.
Volume VIII, section 2233.
(166) Reports of.--Privileged by Rule.
The Committees on Rules, Elections, Ways and Means, Rivers and Harbors,
Public Lands, Territories, Enrolled Bills, Invalid Pensions, Printing,
and Accounts may report at any time on certain matters. Volume IV,
section 4621.
The Committees on Rules, Elections, Ways and Mean, Appropriations,
Rivers and Harbors, Public Lands, Territories, Enrolled Bills, Invalid
Pensions, Printing, and Accounts may report at any time on certain
matters. Volume VIII, section 2251.
General appropriation bills with Senate amendments reported back to the
House from the Committee on Appropriations are privileged and are
subject to motions authorized by the Committee. Volume VIII, section
3187.
Form of special order conferring upon a bill for the current session
the status enjoyed by bills reported from committees having leave to
report at any time. Volume VII, section 841.
In exercising the right to report at any time committees may not
include matters not specified by the rule as within the privilege.
Volume IV, section 4622.
In exercising the right to report at any time committees may not
include matters not specified by the rule as within the privilege.
Volume VIII, section 2286.
The right of a committee to report at any time carries with it the
right to have the matter reported considered. Volume IV, sections 3142-
3144.
A bill reported by a committee under its right to report at any time
remains privileged for consideration until disposed of. Volume IV,
section 3145.
In the early practice the privilege of the Committee on Rules was
specially given for each Congress. Volume IV, section 4650.
A report from the Committee on Rules, though highly privileged, is not
in order after the House has voted to go into Committee of the Whole.
Volume V, section 6781.
Legislative propositions relating to subjects within the jurisdiction
of other committees are not privileged when reported by the Committee
on Accounts because involving disbursements form the contingent fund.
Volume VIII, section 2300.
The privilege of the Committee on Enrolled Bills to report at any time
has been long confined to the reporting of enrolled bills. Volume IV,
section 4646.
Construction of the rule giving privilege to the Committee on Public
Lands, Volume IV. section 4633.
The rule giving privilege to reports from the Committee on Public Lands
permits the including of matters necessary to accomplishment of the
purposes for which privilege is given. Volume IV, sections 4637-4639.
The words ``raising revenue'' in the rule giving privilege to the Ways
and Means Committee are broadly construed to cover bills relating to
the revenue. Volume IV, section 4624.
The week's time required to make a resolution of inquiry privileged is
seven days, exclusive of either the first or last day. Volume III,
sections 1858, 1859.
A committee not having reported a resolution of inquiry within the time
fixed by the rule the House may reach the resolution only by a motion
to discharge the committee from its consideration. Volume III, section
1865.
COMMITTEES--Continued.
(167) Reports of.--On Matters of Privilege.
A committee being intrusted with the examination of a question of high
privilege a broad construction was given in favor of the privileged
character of its reports. Volume III, section 2550.
A verbal report as to progress by a committee in an impeachment
investigation was offered as privileged. Volume III, section 2402.
(168) Reports of.--Directions by the House as to.
A motion directing a committee of the House to report a matter before
them is not in order, such motion having no privileged place in the
order of business. Volume IV, section 4692.
A report having been ordered to be made by a committee, but not being
made within a reasonable time, a resolution directing the report to be
made was decided to be privileged, Volume III, section 2609.
On a motion to commit with instructions, the instructions may not
authorize a committee to report at any time, as such authorization
would constitute a change of the rules. Volume V, sections 5543, 5544.
The House sometimes fixes a date before which a committee shall report.
Volume III, section 1731.
The House may direct a committee to withdraw immediately and bring in a
bill. Volume IV, sections 4540, 4687.
The House has instructed a committee to report forthwith a bill in
certain, exactly specified phraseology. Volume IV, section 4688.
The House may direct a committee to submit its journal to the House,
but the proper method seems to be by a motion to recommit the pending
report with instructions to incorporate in it the desired record.
Volume IV, sections 4680, 4681.
The House sometimes orders the journal of a committee to be printed
with the report. Volume IV, sections 4682-4686.
It is in order to move to recommit with instructions to the committee
to report ``forthwith '' a certain proposition, but instructions that
the report be made on a certain day in the future involve a different
principle. Volume V, sections 5548, 5549.
A bill may be committed with instructions that it be reported
``forwith,'' and in such a case the chairman of the committee to which
it is committed makes a report at once, without awaiting action of the
committee. Volume V, sections 5545-5547.
A bill having been recommitted by the chairman, was held to be subject
to the point of order that the committee had not considered it. Volume
IV, section 4691.
A question as to whether or not a committee in its report has violated
its instructions is passed on by the House, and not the Speaker. Volume
II, section 1338.
The Speaker may not rule out a report because the committee have failed
to comply with their instructions in relation to it. Volume IV, section
4689.
When a committee had made a report which exceeded its instructions the
Speaker ruled out the excess portion but permitted the remainder of the
report to stand. Volume IV, section 4404.
(169) Reports of.--Action on, in the House.
Bills reported from committees are distributed to three calendars,
there to await action by the House. Volume VI, section 742.
Amendments reported by a committee are acted on before those offered
from the floor. Volume V, section 5773.
The rule that amendments shall be germane applies to amendments
reported by committees. Volume V, section 5806.
COMMITTEES--Continued.
(169) Reports of.--Action on, in the House--Continued.
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. Volume V, section 5825.
Form of special orders for assigning a day for consideration in the
House of bills reported from a certain committee. Volume IV, sections
3252, 3253.
Two days having been assigned a committee generally for consideration
of its business in the House, it was held that they should be days on
which public business would be in order. Volume IV, section 3200.
A special order having assigned a certain day for such business as a
certain committee may present, the committee may call up its own bills,
wherever they may be, whether in the committee or on the calendars.
Volume IV, section 3199.
(170) Reports of.--In General.
Bills reported from committees shall be accompanied by reports which
shall be printed. Volume VIII, section 2783.
The House has no information relative to proceedings of a committee not
officially reported by direction of the committee. Volume VII, section
1015.
The validity of a committee's action in reporting a bill may not be
questioned after actual consideration of the bill has begun in the
House. Volume VIII, section 2225.
Summaries showing number of bills introduced, number of reports
submitted by committees, number of laws enacted, and number of acts of
Congress declared unconstitutional by the Supreme Court. Volume VII,
section 1028.
Members indicted by the report of a committee were allowed to file
written statements to be printed with the report. Volume II, section
1275.
The Committee of the Whole may not grant authority to a standing
committee to amend its report or order the reprint of a bill. Volume
IV, section 4711.
The charge that a committee has reported a bill containing items of
appropriation not in order under the rules does not present a question
of privilege. Volume III, section 2608.
The premature publication of a paper as the report of a committee was
by permission of the House investigated by that committee. Volume III,
section 2611.
The rules contemplate that a committee may report a matter to the House
for printing and recommitment. Volume V, section 5647.
(171) Discharge of.--From Consideration of Legislation Under the New
Rule. See also ``Discharge.''
Form and history of Section 4 of Rule XXVIII. Volume VII, section 1007.
Any Member may file with the Clerk a motion to discharge a committee
from the consideration of a public bill referred 30 days prior. Volume
VII, sections 1007, 1008.
A motion may also be filed to discharge the Committee on Rules from the
consideration of special orders referred to that committee seven days
prior. Volume VII, section 1007.
Motions to discharge committees are signed at the Clerk's desk during
the session of the House and not otherwise. Volume VII, sections 1008,
1009.
The time required after reference to calendar before motion to
discharge may be presented does not begin to rule until committee is
appointed and organized. Volume VII, section 1019.
Those filing motions to discharge committees may notify Members either
from the floor or by letter. Volume VII, section 1003.
The rule providing for motions to discharge committees does not
authorize signature of such motions by proxy. Volume VII, section 1014.
Signatures to a motion to discharge committees are not made public
until the requisite number have signed and the motion appears in the
Journal and Record. Volume VII, section 1008.
COMMITTEES--Continued.
(171) Discharge of.--From Consideration of Legislation Under the New
Rule--Continued.
A motion to discharge a committee from the consideration of a bill
applies to the bill as referred to the committee and not as it may have
been amended in the committee. Volume VII, section 1015.
When a majority of the membership of the House has signed a motion it
is entered on the Journal and referred to the Calendar of Motions to
discharge committees. Volume VII, section 1007.
On the second and fourth Mondays motions to discharge committees
conforming to the requirements of the rule are privileged and take
procedence of business merely privileged under the general rules of the
House. Volume VII, section 1011.
After the motion has been on the calendar seven days any signer may
call it up for consideration on second or fourth Mondays and the House
proceeds to its consideration; if agreed to, any Member may move the
immediate consideration of the bill which shall remain the unfinished
business until disposed of. Volume VII, section 1077.
When called up under the rule a motion to discharge a committee is of
the highest privilege and the Speaker declines to recognize for any
matter not directly related to the proceedings. Volume VII, section
1010.
The motion to discharge a committee has been held to take precedence of
a motion to suspend the rules. Volume VII, section 1018.
Recognition to call up motions from the Discharge Calendar is granted
in the order in which entered on the calendar. Volume VII, section
1018.
Bills called up under motions to discharge committees from their
further consideration are read by title only. Volume VII, section
1019a.
If a motion to discharge the Committee on Rules prevails the House
immediately votes on the adoption of the special order and if decided
in the affirmative proceeds at once to its execution. Volume VII,
section 1007.
Debate on the motion to discharge a committee is limited by the rule
and the Speaker is constrained to deny recognition for requests to
extend the time. Volume VII, section 1010.
Division of the time for debate under the rule is in accordance with
the attitude of Members on the pending motion and party lines are not
recognized. Volume VII, section 1010.
The proponents of a motion to discharge a committee are entitled to
open and close debate thereon. Volume VII, section 1010a.
A motion to discharge a committee having been agreed to, its proponents
are entitled to prior recognition in debate and for allowable motions
to expedite consideration. Volume VII, section 1012.
A member calling up a bill from the Discharge Calendar is precluded
from making a point of order against it. Volume VII, section 1020.
The House having discharged a committee under the former rule, it was
held that the proper motion for consideration was, if a House Calendar
bill, that the House proceed to immediate consideration; if a Union
Calendar bill, that the House resolve into Committee of the Whole to
consider the bill. Volume VII, section 1021.
The requirement that a bill be considered in Committee of the Whole is
not waived by the fact that the standing committee having jurisdiction
has been discharged from consideration, and the bill is not on the
calendar. Volume VII, section 1021.
The House (overruling the Speaker) held the motion discharging a
committee from the consideration of a bill to be of higher privilege on
suspension day than the motion to resolve into Committee of the Whole
for the consideration of revenue or appropriation bills. Volume VII,
section 1012.
Bills taken up for consideration from the discharge calendar are not
subject to the prohibition provided by section 2 of rule XXI
interdicting consideration of appropriations not reported by the
Committee on Appropriations. Volume VII, section 1019a.
COMMITTEES--Continued.
(171) Discharge of.--From Consideration of Legislation Under the New
Rule--Continued.
A bill to amend the Volstead Act by providing for the sale and taxation
of beer was held not to be a bill ``substantially the same'' within the
purview of section 4 of Rule XXVII as a resolution proposing the repeal
of the eighteenth amendment. Volume VII, section 1013.
After any perfected motion to discharge has been acted on, no motion to
discharge committees from the consideration of the same or any similar
measure shall be considered that session and any others which may have
been filed shall be stricken from the calendar. Volume VII, section
1007.
Form of resolution providing for consideration of a bill taken from the
Committee on Rules under motion to discharge and providing for
consideration of a bill adversely reported by the committee to which it
was referred. Volume VII, section 1012.
(172) Discharge of.--In General.
A motion to discharge a committee from the consideration of an ordinary
legislative proposition is not privileged. Volume IV, section 4693.
The House has declined to give privilege to a motion to discharge a
committee from the consideration of an ordinary matter of legislation.
Volume IV, section 3533.
On the second and fourth Mondays motions to discharge committees
conforming to the requirements of the rule are privileged and take
precedence of business merely privileged under the general rules of the
House. Volume VII, section 1011.
A motion to take up a bill, from the consideration of which a committee
has been discharged, under the former rule, being rejected, the motion
was held not to be again in order on the same Monday, but to retain its
privilege, and be admissible on a subsequent first or third Monday.
Volume VII, section 1022.
In the Senate a motion to discharge a committee may be made and
considered in the regular order (footnote). Volume IV, section 4693.
It is in order to move to discharge a committee from the consideration
of a proposition involving a question of privilege. Volume III, section
2709.
Motions to discharge committees from consideration of questions
privileged under the Constitution, as the right of a Member to his seat
or the right to consider a vetoed bill, frequently have been held in
order. Volume VIII, section 2316.
A motion to suspend the rules may include in its provisions both the
discharge of a committee from the consideration of a bill and the final
passage of it. Volume V, section 6850.
Except in sessions ending by law, business admissible on the last six
days of a session is not in order until the concurrent resolution
providing for adjournment has passed both Houses. Volume VII, section
1022.
A motion to discharge a committee from the consideration of a
contested-election case presents a question of the highest privilege.
Volume III, section 2585.
A resolution of inquiry not being reported back within one week, a
motion to discharge the committee from the consideration of it presents
a privileged question. Volume III, sections 1866-1870.
At the expiration of a week a motion to discharge a committee from the
consideration of a resolution of inquiry is privileged, although the
resolution may have been delayed in reaching the committee. Volume III,
section 1871.
The motion to discharge a committee from the consideration of a
resolution of inquiry is not debatable. Volume III, section 1868.
A motion to discharge a committee from the consideration of a matter,
when in order, is not debatable. Volume IV, section 4695.
It is in order to lay on the table a motion to discharge a committee.
Volume V, section 5407.
COMMITTEES--Continued.
(172) Discharge of.--In General--Continued.
The question of consideration may not be demanded against a motion to
discharge a committee. Volume V, section 4977.
A request of the Senate for the return of a bill, no error being
alleged, does not make in order a motion in the House to discharge the
committee having possession of the bill. Volume IV, section 4694.
The Senate having requested the return of a bill which, with
amendments, has reached the stage of disagreement, a motion to
discharge the House committee and return the bill was treated as
privileged. Volume IV, section 3475.
(173) Motions Authorized by.--In General.
Although a committee must authorize the calling up of a Senate bill
directly from the Speaker's table, the actual motion need not be made
by one of the committee. Volume IV, section 3100.
The Speaker may, upon statements from the chairman and other members of
a committee, rule that the calling up of a bill has been authorized by
a committee. Volume IV, section 3128.
On the call of committees each bill must be called on authorization of
the committee, but in case of dispute as to the authorization the
Speaker can not decide as to the fact. Volume IV, section 3127.
The motion to go into Committee of the Whole House on the state of the
Union to consider a particular bill must be authorized by a committee,
but the individual Member may move to go in generally. Volume IV,
section 3138.
The unfinished business on a day assigned to a committee goes over to
the next day had by the committee. Volume IV, section 3306.
(174) Motions Authorized by.--For Suspension of the Rules.
In making motions to suspend the rules individuals have the preference
on the first Monday of the month and committees on the third. Volume V,
section 6790.
The motion to suspend the rules on a committee suspension day must be
authorized formally and specifically by a committee. Volume V, sections
6805-6807.
After a motion to suspend the rules has been seconded and debate has
begun it is too late to make the point of order that the motion has not
been authorized by a committee. Volume V, section 6808.
On committee suspension days the Speaker has in rare instances called
the committees in regular order for motions to suspend the rules, but
this method is not required. Volume V, sections 6610, 6811.
On a committee suspension day a committee may not present a motion to
suspend the rules and pass a bill which has not been referred to it.
Volume V, section 6813.
On a committee suspension day a committee may not move to suspend the
rules and pass a bill over which it has no jurisdiction. Volume V,
section 6848.
A second not having been ordered on a committee motion to suspend the
rules the committee may on a succeeding suspension day withdraw the
motion. Volume V, section 6845.
(175) The Call of in the ``Morning Hour'' and ``on Calendar
Wednesday.''
Wednesdays are set apart for the consideration of unprivileged bills on
House and Union Calendars taken up on call of committees. Volume VII,
section 881.
On Wednesdays the call of committees has precedence of a request for
unanimous consent. Volume VII, section 882.
On a call of committees under section 4 or section 7 of Rule XXIV,
committees are called seriatim in the order in which they appear in
Rule X and not alphabetically. Volume VI, section 751.
Prior to election of all the committees of the house the call of
committees on Calendar Wednesday includes only those committees which
have been elected. Volume VII, section 925.
COMMITTEES--Continued.
(175) The Call of in the ``Morning Hour'' and ``on Calendar
Wednesday''--Continued.
The rule for consideration of bills on the House Calendar on call of
committees. Volume IV, section 3118.
The call of committees in the morning hour does not necessarily end in
sixty minutes. Volume IV, section 3119.
A bill taken up during the call of committees may be withdrawn by the
committee at any time before amendment or other action which puts it
into possession of the House. Volume IV, section 3129.
A bill once brought up on call of committees continues before the House
in that order of business until finally disposed of. Volume IV, section
3120.
A bill must be actually on the House Calendar, and properly there also,
in order to be considered in the morning hour. Volume IV, sections
3122-3126.
A bill on the Union Calendar may not be brought up on call of
committees. Volume VI, section 753.
The rule for interrupting a call of committees at the end of sixty
minutes. Volume IV, section 3134.
The call of committees may be interrupted at the end of sixty minutes
by a privileged report as well as by a motion to go into Committee of
the Whole. Volume IV, sections 3131, 3132.
Interpretation of the rule of the call of committees in the form
existing prior to 1890. Volume IV, section 3121.
(176) Relations to Conduct of Business on the Floor of the House.
The chairman of the committee in charge of a bill is entitled at all
stages to prior recognition for allowable motions intended to expedite
the bill. Volume II, sections 1457, 1458.
The chairman of the committee which reported a bill is entitled to
prior recognition when the Senate amendments thereto are debated.
Volume II, section 1452.
The control of a bill on the floor having devolved on the ranking
member of the committee favoring it he resigned his right to the
introducer of the bill, who was not a member of the committee. Volume
II, section 1455.
The members of the committee reporting the bill have precedence in the
discussion. Volume II, section 1438.
The House having disagreed to the recommendation of the committee
reporting a resolution, the Speaker recognized an opponent of the
committee, but not the original proposer of the resolution. Volume II,
sections 1469-1472.
The right of a Member to yield of his time has been modified by the
principle that members of the committee reporting the subject are
entitled to prior recognition. Volume V, section 5028.
After the appointment of committees it is not in order to offer for
consideration a legislative proposition not reported by a committee.
Volume VII, section 2104.
(177) Reference to, in Debate.
It is not in order in debate to refer to the proceedings of a committee
unless the committee have formally reported their proceedings to the
House. Volume V, sections 5080-5083.
Instance wherein a committee reported its proceedings, which thereby
became a proper subject of debate (footnote). Volume I, section 817.
Even where the action of a committee is called in question its records
may not be produced in the House. Volume V, sections 5084, 5085.
It is not in order in debate to refer to a bill not yet reported from a
committee. Volume V, section 5053.
The House condemned as unparliamentary a printed speech for its
reflections on Members, committee of the House, and the House itself,
and for its reference to alleged occurrences in a committee of the
Senate. Volume V, section 7017.
COMMITTEES--Continued.
(178) Charges Against, etc.
A charge of unfair and improper action on the part of a committee has
been held to involve a question of privilege. Volume III, section 2605.
A charge that a committee had been inactive in regard to a subject
committed to it was decided not to constitute a question of privilege.
Volume III, section 2610.
A committee of the House having been charged with improper conduct, a
member of the committee was recognized on a question of personal
privilege. Volume III, section 2606.
An allegation that a committee had refused either to give hearings or
allow petitions to be read before it was held to involve no question of
privilege. Volume III, section 2607.
Pending consideration of a question of contempt, the speaker admitted
as privileged a resolution relating to the existence of the committee
which suggested the proceedings. Volume III, section 1685.
The charge that the minority views of a committee had been abstracted
from the Clerk's office by a Member was investigated as a question of
privilege. Volume III, section 2603.
(179) In General.
Chairman of committees control the patronage of their respective
committees and do not participate in the general distribution. Volume
III, section 3627.
Subsistence expenses of members of committees on official missions are
not reimbursed at commuted rates or on per diem allowances but on
vouchers for actual expenses. Volume VI, section 205.
The examination of bills for verbal and technical alterations has been
proposed but never adopted by the House as a system. Volume IV, section
3369.
A temporary committee on accounts, authorized by law, performs the
functions of the committee during the time between the expiration of
one Congress and the organization of the next. Volume IV, section 4328.
The Committee of the Whole has been held to be but a committee of the
House. Volume IV, section 4706.
A Committee of the Whole may not authorize or appoint a committee.
Volume IV, section 4710.
Instance wherein a Member of the House was authorized to act as a
member of the Elections Committee during the consideration of certain
cases. Volume I, section 636.
Certain committees were increased in size in the Fifty-ninth Congress.
Volume IV, section 4467.
The House sometimes appoints committees to represent it at public
ceremonies. Volume V, sections 7055, 7056. Volume VII, section 3527.
A committee granted additional powers by special order is limited in
the exercise of those powers to matters specified in such order. Volume
VII, section 780.
COMMON CARRIERS.
Bills pertaining to the regulation of common carriers by water have
been considered by the Committee on the Merchant Marine and Fisheries.
Volume VII, section 1859.
Legislation relating to the financing, valuation, operation, and
regulation of common carriers is within the jurisdiction of the
Committee on Interstate and Foreign Commerce. Volume VII, section 1805.
Bills relating to trusts and monopolies (except common carriers) come
within the jurisdiction of the Committee on the Judiciary. Volume VII,
section 1749.
COMMON FAME.
A Member having stated upon the authority of ``common rumor'' that
another Member had been menaced, there was held to be ground for
action. Volume III, section 2678.
A contention that common fame was sufficient basis for the House to
entertain a proposition relating to its privileges. Volume III, section
2701.
COMMON FAME.--Continued.
Instance wherein the House Ordered an investigation of the conduct of a
judge without a statement of charges, but in a case wherein common fame
had made the facts known. Volume III, section 2506.
It being declared by common fame that Judge Humphreys had joined the
foes of the Government, the House voted to investigate his conduct.
Volume III, section 2385.
In the case of Mr. Justice Chase the house, after long debate and a
review of precedents, decided to order investigation, although Members
could give only hearsay evidence as to the facts. Volume III, section
2342.
English precedents reviewed in the Chase case on the question of
ordering an investigation on the strength of common rumor. Volume III,
section 2342.
COMMONER.
Provisions of parliamentary law as to trial by impeachment of a
Commoner for a capital offense. Volume III, section 2056.
The Lords may not, under the parliamentary law, proceed by impeachment
against a Commoner, except on complaint of the Commons. Volume III,
section 2056.
COMMONS, CONTEMPT.
The power to punish contempt vested in the House of Commons is not
conferred by the Constitution upon Congress. Volume VI, section 534.
COMMONS, IN IMPEACHMENTS.
Under the parliamentary law of impeachment the Commons, as grand
inquest of the nation and as accusers, become suitors for penal justice
at the bar of the Lords. Volume III, section 2026.
The Commons are considered in English practice as having in impeachment
cases the function of a grand jury. Volume III, section 2004.
The Lords may not under the parliamentary law proceed by impeachment
against a Commoner, except on complaint of the Commons. Volume III,
section 2056.
The Commons in impeaching usually pass a resolution containing a
criminal charge against the accused and direct a member to impeach him
by oral accusation before the Lords. Volume III, section 2026.
In impeaching, the spokesman of the Commons asks that the delinquent be
sequestered from his seat or committed or that the peers take order for
his appearance. Volume III, section 2026.
The person impeaching on behalf of the Commons signifies that articles
will be exhibited. Volume III, section 2026.
The presence of the Commons is considered necessary at the answer and
the judgment in impeachment cases. Volume III, section 2027.
The Commons attend impeachment trials in Committee of the Whole or
otherwise at discretion and appoint managers to conduct proof. Volume
III, section 2027.
The Commons attend generally in impeachment trials, but not when the
Lords consider the answer or proofs or determine judgment. Volume III,
section 2027.
COMMUNICATIONS.
(1) From committees of the House.
(2) From Members.--In general.
(3) From Members.--In relation to resignations.
(4) From Members.--Of the other House.
(5) From the President.
(6) From other officers of the Government.
(7) To the President.
(8) With the other House by message.
(9) With the other House by committee.
(10) From citizens.
COMMUNICATIONS--Continued.
(11) Duty of the Speaker as to presenting.
(12) From foreigners.
(13) From the House to individuals.
(14) As to breaches of privilege.
(15) By telegraph.
(16) In general.
(1) From Committees of the House.
A report of an investigating committee in the form of a letter to the
Speaker relating to contempt of a witness was presented as a question
of privilege. Volume III, section 1697.
A telegram from the chairman of a committee making investigations in a
distant place addressed to the Speaker and on the subject of
contumacious witnesses was held in order as a communication of high
privilege. Volume III, section 1799.
The statutes provide that the House or any one of its committees having
jurisdiction may transmit a claim to the Court of Claims for a finding
of fact, which shall be transmitted to the House through the Speaker.
Volume IV, section 3303.
(2) From Members.--In General.
A communication from a Member relating to a controversy over a subject
before the House was laid before the House by the Speaker by unanimous
consent. Volume V, section 6655.
A Member in a letter asking to be excused from committee service gave
reasons derogatory to another Member, whereupon it was held that the
Journal should record only the fact that the request was made in
writing. Volume IV, section 2873.
(3) From Members.--In Relation to Resignations.
A Member may resign his seat by a letter transmitted to the House
alone. Volume II, sections 1181-1186.
When a Member resigns directly to the House it is the practice to
inform the State executive of the vacancy. Volume I, sections 1187-
1192.
In recent as well as early practice a Member frequently informs the
House by letter that his resignation has been sent to the State
executive, such letter being presented as a privileged question. Volume
II, sections 1167-1176.
The practice is not uniform as to whether or not a Member's letter of
resignation should appear in full in the Journal. Volume IV, sections
2868-2872.
(4) From Members.--Of the Other House.
A letter from a Member of the House disclaiming any intention of
invading the privileges of the Senate in assaulting a Senator was,
after some discussion, read to the Senate. Volume II, section 1623.
The Speaker laid before the House a letter of explanation from a
Senator who was aggrieved by a reference to him personally in a House
report. Volume V, section 6654.
A letter from a Senator read to the House was described but not printed
in full in the Journal. Volume V, section 6654.
(5) From the President.
The Constitution provides that the President shall from time to time
give Congress information of the state of the Union and make
recommendations. Volume V, section 6612.
In 1801 President Jefferson discontinued the custom of making an annual
speech to Congress and transmitted the first annual message. Volume V,
section 6629.
Origin of the practice as to the transmission and reception of messages
from the President of the United States. Volume V, section 6613.
President Jackson resisted with vigor the attempt of a committee of the
House to secure his assistance in an investigation of his
administration. Volume III, section 1737.
Messages from the President and communications from the heads of
Departments and from other sources are referred from the Speaker's
table. Volume IV, section 3089.
COMMUNICATIONS--Continued.
(5) From the President--Continued.
An occasion on which the House resolved into the Committee of the Whole
pending a reply from the President in response to notification by
committee that the House had assembled and was ready to receive any
communication he desired to make. Volume VIII, section 2318.
(6) From Other Officers of the Government.
The House decided early in its history that the Secretaries of the
President's Cabinet should not be called to give information personally
on the floor of the House. Volume III, section 1880.
Members of the President's Cabinet appear before committees of the
House and give testimony. Volume III, sections 1881-1883.
The Secretary of the Treasury, alone of all the Cabinet, transmits his
report directly to Congress (footnote). Volume V, section 6652.
The Secretary of the Treasury may recommend legislation to Congress,
even when his views have not been requested by either House. Volume V,
section 6652.
Estimates of appropriations must be transmitted to Congress through the
Secretary of the Treasury (footnote). Volume IV, section 3575.
The annual estimates of the Secretary of the Treasury for the support
of the Government are printed in advance of the assembling of Congress.
Volume IV, sections 3574, 3575.
Secretary Stanton communicated directly to the House the fact of the
President's attempt to remove him. Volume III, section 2408.
A communications from the General of the Army transmitted directly,
instead of through the Secretary of War, was received and referred,
although occasioning some criticism. Volume V, section 6653.
Resolutions of inquiry are delivered under direction of the Clerk.
Volume III, section 1879.
A subordinate officer of the Government to whom the House has directed
a resolution of inquiry may respond directly or through his superior.
Volume III, sections 1908-1910.
A letter from the head of an Executive Department, responding to a
resolution of inquiry is not printed in full in the Journal, but a
chief summary of its contents is printed. Volume IV, section 2858.
Reports of communications to Congress from bureaus, boards, delegates
to conferences, or heads of departments are printed under the direction
of the Speaker and are within his discretion unless otherwise provided
by law. Volume VIII, section 3662.
The Senate returned to the Secretary and the Navy an impertinent
document transmitted in response to an inquiry. Volume III, section
1907.
The Senate declines to receive communications from any executive
department except through the President unless in response to a
resolution of the Senate or in accordance with law. Volume VIII,
section 3353.
The House declines to receive from executive departments communications
reflecting upon the House or any Member thereof. Volume VI, section
437.
Executive communications are addressed to the Speaker and are by him
referred. Volume IV, section 3573.
Communications announcing resignation of employees of the House from
statutory offices are read and ordered to be laid on the table. Volume
VI, section 33.
The Speaker may not treat as confidential official communications
received from the heads of executive departments. Volume VI, section
434.
(7) To the President.
Form decided on by the Two Houses for addressing the President of the
United States (footnote). Volume V, section 6629.
A joint rule formerly prescribed the method of presenting a joint
address of the two Houses to the President. Volume V, section 6630.
In response to the President's annual speech the Speaker, attended by
the Houses, used to deliver an address. Volume V, section 6629.
COMMUNICATIONS--Continued.
(7) To the President--Continued.
In the early practice of the House a resolution making a request of the
President was taken to him by a committee of Members. Volume III,
section 1726.
Under the early practice resolutions embodying opinions of the House
were presented to the President of the United States by a committee.
Volume II, section 1542.
The House having investigated charges against General Wilkinson, of the
Army, the results were transmitted to the President by the hands of a
committee. Volume III, section 1727.
Resolutions of inquiry addressed to the President have usually
contained the clause ``if not incompatible with the public interest,''
especially when on the subject of the diplomatic affairs. Volume III,
sections 1896-1901.
In some instances the House has made its inquiries of the President
without condition, and has even made the inquiry imperative. Volume
III, sections 1896-1901.
On request President Johnson furnished to the House the minutes of a
meeting of the Cabinet. Volume III, section 1888.
President Grant declined to answer an inquiry of the House as to
whether or not he had performed any executive acts at a distance from
the seat of government. Volume III, section 1889.
President Madison declined a conference with a committee of the Senate.
Volume V, section 6630.
(8) With the Other House by Message.
The manner of delivering and receiving messages between the two Houses
was early arranged by a joint rule. Volume V, section 6595.
One House may correct an error in its message to the other, the
receiving House concurring in the correction. Volume V, sections 6607,
6608.
When legislation is enacted in secret session, messages are delivered
confidentially by committees of Members. Volume V, section 7250.
When the House desires the testimony of Senators it is proper to ask
and obtain leave for them to attend. Volume III, sections 1790, 1791.
Testimony affecting a Senator, when taken by a House committee in open
session, need not be under seal when transmitted to the Senate. Volume
III, section 1851.
The Senate having requested from the House the testimony taken by a
certain investigating committee, the House ordered it communicated in
secrecy, with the injunction that it be returned. Volume III, section
1855.
In declining a conference the Senate by message communicated its
reasons for so doing. Volume V, section 6313.
In instance wherein the Senate disregarded a request for a conference
and voted to adhere. Volume V, section 6315.
A communication from the Senate designating as ``untrue'' statements
made by a Member of the House in debate and requesting action upon the
part of the House relative thereto, was respectfully returned to the
Senate with a message characterizing it as a breach of privilege.
Volume VIII, section 2514.
(9) With the Other House by Committee.
The House sometimes appoints a committee to act with a similar
committee from the Senate in relation to some question of moment.
Volume I, section 3.
In 1877 the House and Senate appointed committees to act jointly to
devise a method of counting the electoral vote. Volume II, section
1953.
(10) From Citizens.
The Speaker often presents in regular order or by unanimous consent
communications or memorials addressed to the House. Volume V, sections
6657-6660.
The Speaker has considered it his duty to present the proper
communication of a citizen addressed through him to the House on a
public matter. Volume IV, section 3319.
COMMUNICATIONS--Continued.
(10) From Citizens--Continued.
A letter from an individual charging an officer of the Army with
corruption was considered and an investigation was ordered. Volume III,
section 1742.
Neither by unanimous consent nor by suspension of the rules was the
Speaker allowed to present to the House the report of the Peace
Congress of 1861. Volume V, section 6656.
Persons not Members and not claiming to be Members have been permitted
to address the House only in early and rare instances. Volume V,
sections 7296-7301.
(11) Duty of the Speaker as to Presenting.
Petitions, memorials, and other papers addressed to the House may be
presented by the Speaker as well as by a Member. Volume IV, section
3312.
The Speaker has considered it his duty to lay before the House a
communication from a suspended consul-general who asked an
investigation. Volume III, section 1749.
The Speaker having made a verbal statement concerning a communication
returned by him to the governor of a State, the Journal simply recorded
the fact that such a statement was made. Volume IV, section 2834.
Discussion of the duty of a presiding officer in relation to the
presentation of communications. Volume IV, section 3320.
(12) From Foreigners.
A communication from a foreigner to the House is properly transmitted
through the Executive. Volume V, section 6662.
A communication to the House from a foreign sovereign was transmitted
through the State Department, read to the House, and entered in the
Journal. Volume V, section 7223.
(13) From the House to Individuals.
The Speaker having been ordered by the House to communicate a
resolution to the last surviving signer of the Declaration of
Independence, laid before the House a copy of the letter and it was
entered in the Journal. Volume V, section 7088.
The Speaker having been directed to communicate with relatives of
George Washington concerning the removal of his remains, copies of the
correspondence were entered in the Journal without special order.
Volume V, section 7075.
(14) As to Breaches of Privilege.
It is an invasion of privilege for a Member in debate to read a letter
from a person not a Member calling in question the acts of another
Member. Volume III, section 2686.
A communication addressed to the House by an official in an Executive
Department calling in question words uttered by a Member in debate was
criticized as disrespectful and a breach of privilege. Volume III,
section 2684.
An officer of the Army having written a letter, which was read in the
House, falsely impugning the honor of a Member, the House condemned the
action as a gross violation of privilege. Volume III, section 2686.
The House has declared that a communication from a person not a Member
criticizing words spoken in debate by a Member should not be received.
Volume III, section 2683.
An ``absurd and purposeless'' anonymous letter proposing a corrupt
bargain to a Member of the House was held by a committee of the House
to create no breach of privilege. Volume III, section 2702.
(15) By Telegraph.
A question of privilege may be based on a communication received by
telegraph. Volume III, section 2539.
A question has arisen in the Senate as to whether or not a telegraphic
dispatch might be received as a memorial. Volume IV, section 3328.
In 1877 the House in the course of an investigation of the recent
Presidential election compelled the production of telegrams by an
employee of the company having actual custody of them. Volume III,
section 1696.
COMMUNICATIONS--Continued.
(16) In General.
The House disregards anonymous communications. Volume V, section 6661.
Joint resolutions of State legislatures intended as communications to
Congress are treated as memorials. Volume IV, section 3312.
The Speaker sometimes by unanimous consent lays before the House
invitations to it to participate in public ceremonies. Volume V,
section 7052.
A communication or a report being before the House may be debated
before any specific motion has been made in relation to it. Volume V,
sections 4987, 4988.
Only on special occasions are communications addressed to the Speaker
recorded in the Journal. Volume IV, section 2835.
The Record failing to include communications read from the desk and
objection being made on that account, the Speaker directed that they be
printed in the Record of the following day. Volume VI, section 229.
COMPACT.
A constituency having violated the understanding on which it came into
the Union, was the status of a Member-elect thereby affected? Volume I,
section 480.
COMPATIBILITY.
Resolution to investigate computability of office of Representative
with other offices held by Member, is privileged. Volume VI, section
62.
COMPEL, POWER TO.
Decision by the Supreme Court on the power of Congress to compel
testimony. Volume VI, section 341.
Decision of the Supreme Court on the right of the Senate to subpoena
witness and compel testimony. Volume VI, section 346.
A further decision by the Supreme Court affirming the power of the
Senate to compel testimony. Volume VI, section 351.
The exercise by the Senate of its judicial powers to judge election
returns and the qualifications of its members necessarily involves the
power to compel testimony. Volume VI, section 347.
Discussion of the extent of the House's power to compel testimony and
the production of books and papers. Volume VI, section 400.
Decision of the district court on the right of the Senate to compel
testimony and the production of papers and records. Volume VI, section
337.
The power of the Senate to require testimony of witnesses is in no wise
inferior to that exercised by a court of justice and includes under
comparable circumstances the power to compel attendance. Volume VI,
section 348.
The case of Thomas W. Cunningham, recusant witness, continued. The
Senate having sole authority under the Constitution to judge of the
election returns and qualifications of its members, may exercise in its
own right the incidental power of compelling the attendance of
witnesses without the aid of a statute. Volume VI, section 349.
A Senator declining to heed a summons to appear and testify before a
Federal grand jury, the court held that if he failed to obey the
subpoena voluntarily the court was without power to compel his
attendance. Volume VI, section 588.
COMPENSATION.
(1) Of Members.--Pay, mileage, and stationery.
(2) Of Members.--Deductions for absence.
(3) Of Members.--When elected to fill vacancies.
(4) Of clerks and other employees.
(5) In general.
COMPENSATION--Continued.
(1) Of Members.--Pay, Mileage, and Stationery.
The compensation of Speaker and Members. Volume VI, section 201.
Rate and method of payment of compensation and mileage of Speaker and
Members. Volume II, section 1148.
The Speaker during sessions and the Clerk during recess of Congress
certifies to the compensation of Members, and the Speaker certifies as
to mileage. Volume II, section 1156.
The Sergeant-at-Arms disburses the pay and mileage of Members and
Delegates. Volume I, section 257.
Citation of statutes relating to the pay and mileage of Members. Volume
II, section 1160.
A resolution providing compensation for a territorial agent not having
a seat on the floor does not present a question of privilege. Volume
III, section 2596.
The statutes provide for Members a mileage of 20 cents a mile going to
and coming from each regular session of Congress. Volume II, section
1158.
The rule provides that ``the ascertainment of the travel of Members of
the House shall be made by the Committee on Mileage and reported to the
Sergeant-at-Arms.'' Volume IV, section 4536.
The law relating to mileage of Members applies only to the regular
sessions of Congress. Volume II, section 1159.
An appropriation for mileage of Members at a regular session is
authorized by law, although mileage may have been appropriated for a
preceding special session. Volume II, section 1160.
Each Member is allowed $125 annually for stationery, and the Clerk
maintains a stationery room for supplying articles. Volume II, sections
1161, 1162.
(2) Of Members.--Deductions for Absence.
The statutes provide for deductions by the Sergeant-at-Arms from the
pay of a member or Delegate who is absent from the seat without a
sufficient excuse. Volume II, section 1150.
The pay of a Member may be deducted on account of absence. Volume II,
section 1153.
The statutes provide that a Member or Delegate withdrawing from his
seat before the adjournment of a Congress shall suffer deductions from
his compensation. Volume II, section 1149.
Instance wherein deductions were made from the salaries of Members
because of absence (footnote). Volume IV, section 3011.
A quorum not being present, a resolution directing the enforcement of
the statute relating to deductions from the pay of Members is not in
order as a measure to compel the attendance of absentees. Volume IV,
section 3011.
It was held in 1894 that the act of the Sergeant-at-Arms in pursuance
of the law for deductions of Members' salaries for absence might not be
reviewed on the floor as a question of privilege. Volume III, section
2690.
(3) Of Members.--When Elected to Fill Vacancies.
The question as to the pay of a Member-elect after the beginning of the
term of the Congress to fill a vacancy caused by a declination or
resignation of effect on the day the term of the Congress began. Volume
II, section 1155.
Conclusions of law as to the time of beginning of compensation of a
Member elected to fill a vacancy. Volume I, section 500.
A Member-elect, who held a commission in the Army and had not taken the
oath or his seat in the House, having resigned, a question arose as to
when the compensation of his successor should begin. Volume I, section
500.
The question relating to the compensation of Ernest M. Pollard, in the
Fifty-ninth Congress. Volume II, section 1155.
The question relating to the compensation and term of service of
Charles H. Page, in the Forty-ninth Congress. Volume II, section 1206.
COMPENSATION--Continued.
(4) Of Clerks and Other Employees.
The House has insisted on its right to determine the compensation of
its own officers and employees. Volume V, sections 7241, 7242.
Instance wherein payment of salary was made retroactive in compensation
of service actually rendered. Volume VII, section 2057.
An amendment establishing a minimum rate of compensation was held not
to provide for a reduction of expenditures. Volume VII, section 1484.
The Clerk is required to pay the officers and employees of the House on
the last secular day of each month. Volume I, section 251.
A session clerk is entitled to compensation only from the date when he
enters upon the discharge of his duties with the committee. Volume IV,
section 4536.
An ordinary appropriation for session employees is not available at an
extra session. Volume V, section 7231.
One person may be designated as clerk to two Members if the aggregate
compensation is within the limitation prescribed by law. Volume VI,
section 210.
Payment of clerk hire from lump sum appropriations to persons carried
on the rolls in another capacity is additional compensation and
prohibited by law. Volume VI, section 210.
A resolution providing additional compensation for employees of the
House to be paid from the contingent fund, when reported by the
Committee on Accounts, was held to come within the privilege given that
committee to report at any time. Volume VIII, section 2305.
Reference to statutes fixing the pay of session clerks of committees
(footnote). Volume IV, section 4535.
Decision as to per diem employees in case of an appropriation for a
longer time than their actual employment. Volume V, section 7230.
In case of a month's extra pay an employee having an annual salary is
entitled to one-twelfth of the sum of that salary. Volume V, section
7229.
The representatives of an employee deceased before the passage of an
act granting a month's extra pay are not entitled to what would be paid
to the employee were he alive. Volume V, section 7228.
The clerk of a committee being appointed a postmaster was held to be
entitled to his salary as clerk until his successor was appointed,
although his salary as postmaster had already begun. Volume IV, section
4538.
A clerk of a committee who ceased to hold office on December 21 was
held not to be entitled to the salary for the remainder of the month
under the terms of a resolution directing the payment of salaries of
employees for that month on the 20th. Volume IV, section 4537.
An appropriation for compensation of temporary employees to be fixed by
the Executive was held to be authorized by law. Volume VII, section
1268.
The Ways and Means Committee has exercised jurisdiction over
legislation fixing compensation of employees of the customs service.
Volume VII, section 1724.
An amendment prohibiting counting of service as cadets at the Naval or
Military Academies in computing service records of Army and Naval
officers, thereby reducing longevity pay of such officers, was held to
reduce the compensation of persons paid out of the Treasury of the
United States and come within the rule. Volume VII, section 1516.
The compensation of Federal employees injured in performance of duty
and the administration of the United States Employees Competitive
Commission are subjects within the jurisdiction of the Committee on the
Judiciary. Volume VII, section 1785.
(5) In General.
The rules provide for the rate of compensation of witnesses summoned to
appear before the House or any of its committees. Volume III, section
1825.
COMPENSATION--Continued.
(5) In General--Continued.
The rules provide for the rate of compensation of witnesses summoned to
appear before the House or its committees. Volume VI, section 393.
The rule gives to the several committees on expenditures jurisdiction
of the pay of officers, abolition of useless offices, and the economy
and accountability of officers. Volume IV, section 4315.
A change of the amount of compensation received by Government employees
under the law was held to be legislation. Volume VII, section 1455.
A proposition increasing rate of compensation fixed by law is
legislation. Volume VII, section 1458.
The granting of quarters as part of the compensation of a civil
employee without a proportionate reduction of salary was held to be
contrary to law and not to be in order on an appropriation bill. Volume
VII, section 1128.
A statute prohibits payment of the compensation or expenses of any
board, commission, or similar body from funds appropriated by Congress
unless the creation of such body shall have been authorized by law.
Volume VII, section 1149.
COMPLAINT.
The lords may not, under the parliamentary law, proceed by impeachment
against a Commoner, except on complaint of the Commons. Volume III,
section 2056.
No judge is subject to impeachment on the complaint that he has
rendered an erroneous decision. Volume VI, section 545.
COMPLETION.
An appropriation for completion of a project previously authorized by
law without limitation of cost was admitted as in continuation of a
work. Volume VII, section 1388.
COMPTON, BARNES, OF MARYLAND, Speaker pro tempore.
Decision on question of order relating to--Recognition for debate.
Volume II, section 1445.
COMPTON, ELECTION CASE OF.
The Maryland election case of Mudd v. Compton in the Fifty-first
Congress. Volume I, sections 577-580.
COMPULSORY PROCESS.
(1) For procuring testimony.
(2) To secure appearance of respondent in an impeachment case.
(1) For procuring Testimony.
Instance wherein the House empowered the Ways and Means Committee to
send for persons and papers in any matter arising out of business
referred to the committee. Volume III, section 1813.
A Senate committee, with authority to take testimony in the recess
between two sessions of the same Congress, was yet unable to compel
testimony from a recalcitrant witness. Volume III, section 1837.
The Senate sitting on impeachment trials is empowered to rule to compel
the attendance of witnesses. Volume III, section 2158.
Forms of subpoena and compulsory process issued by House committee to
produce persons and papers for Blount impeachment. Volume III, sections
2038, 2039.
Decision of the Supreme Court that a law of Congress empowering the
Federal courts to compel testimony before the Interstate Commerce
Commission was constitutional. Volume III, section 1766.
(2) To Secure Appearance of Respondent in an Impeachment Case.
A notification to the accused with a copy of the articles was deemed in
the Pickering impeachment all the process necessary. Volume III,
section 2324.
COMPULSORY PROCESS--Continued.
(2) To Secure Appearance of Respondent in an Impeachment Case--
Continued.
William Blount having failed to appear and answer, the House, after
discussing English precedents, declined to ask that he be compelled to
appear. Volume III, section 2308.
The Senate declined to order compulsory process to compel the
appearance of Judge Pickering, but authorized a committee to examine
the subject . Volume III, section 2322.
It was concluded by a Senate committee in Pickering's impeachment that
the Senate had no power to take into custody the body of the accused.
Volume III, section 2324.
CONCERTS.
General provisions of the statutes as to concerts, operation of street
cars, delivery of fuel, and landscape features of the Capitol grounds.
Volume V, section 7312.
CONCESSIONS.
A contestant having conceded certain votes on a construction of law at
variance with the committee's, the votes were left to his credit.
Volume II, section 1010.
The sitting Member having appeared before the committee and conceded
the election of the contestant and withdrawn all pleadings, the
committee expurgated its findings of fraud and confined its report to
the brief statement that the contestant was entitled to be seated.
Volume VI, section 181.
CONCLUSIONS.
A witness was permitted in the Belknap trial to give in answer a
conclusion derived from a series of facts. Volume III, section 2257.
Form of resolution authorizing the Committee on Privileges and
Elections to hear and determine a contested-election case and certify
its conclusions to the Senate. Volume VI, section 188.
Argument on incidental questions arising during the trial of an
impeachment is properly confined to an opening, a reply, and a
conclusion. Volume VI, section 474.
CONCUR, MOTION TO.
(1) Nature and effect of the motion.
(2) Relations to motion to amend before stage of disagreement.
(3) Relations to motion to refer.
(4) Relations to motion to recede and amend after stage of disagreement
is reached.
(5) Relations to motion to further insist.
(6) Relations to conferences.
(7) Where a bill is reported with the enacting clause stricken out.
(1) Nature and Effect of the Motion.
One House may agree outright in an amendment of the other, may agree
with an amendment, or may disagree outright. Volume V, section 6163.
The parliamentary law governing the precedence and effect of the
motions to agree, disagree, recede, insist, and adhere. Volume V,
section 6164.
The inability of the two Houses to agree on even the slightest
amendment to a bill causes the loss of the bill. Volume V, sections
6233-6240.
By receding from its disagreement to a Senate amendment the House does
not thereby agree to the same. Volume V, section 6251.
The rejection of a motion to recede from disagreement to a Senate
amendment and concur therein is equivalent to further disagreement to
the amendment. Volume VIII, section 3195.
The motion to agree or concur should be put in the affirmative and not
in the negative form. Volume V, section 6166.
As to the motions to agree or disagree, the affirmative of one is
equivalent to the negative of the other. Volume V, section 6164.
A negative vote on a motion to disagree was held equivalent to an
affirmative vote to agree. Volume V, section 6167.
CONCUR, MOTION TO--Continued.
(1) Nature and Effect of the Motion--Continued.
A negative vote on the motion to concur is tantamount to a vote to
nonconcur and disposes of Senate amendments without further motion.
Volume VIII, sections 3178, 3179.
In the Committee of the Whole, as in the House, a negative vote on the
motion to concur is equivalent to an affirmative vote to disagree.
Volume VIII, section 3182.
The Committee of the Whole having recommended disagreemetn to a Senate
amendment, and the House having negatived a motion to concur in the
recommendation, it was held that the House had agreed to the amendment.
Volume V, section 6168.
After the House had adhered, it reconsidered its action, receded from
its disagreement, and agreed to the Senate amendment with an amendment.
Volume V, section 6253.
An instance wherein one House receded from its own amendment after the
other House had returned it concurred in with an amendment. Volume V,
section 6226.
Where one House recedes from its amendment to a bill after the other
has concurred in the amendment with an amendment, agreement has not
been reached and the bill is not passed. Volume VIII, section 3177.
The previous question having been ordered on the report of the
Committee of the Whole recommending disagreement to Senate amendments,
the preferential motion to concur was held not to be in order. Volume
VIII, section 3211.
A special order to lay before the House a bill on the Speaker's table
with the previous question ordered on a motion to concur in Senate
amendmetns, does not prevent submission of a motion to recommit. Volume
VII, section 778.
A member having control of time for debate can not exclude the
preferential motion to recede and concur, but may not be deprived f the
floor by such motion. Volume VIII, section 3197.
The question on a motion to recede from an amendment to a Senate
amendment and concur in the Senate amendment may be divided on the
demand of any Member. Volume VIII, section 3199.
The motion to concur in a Senate amendment takes precedence of the
motion of disagree. Volume VIII, section 3179.
(2) Relations to Motion to Amend Before Stage of Disagreement.
The motion to amend an amendment of the other House has precedence of
the motion to agree or disagree. Volume V, sections 6164, 6169-6171.
When first taken from the Speaker's table for consideration, the motion
to amend, usually presented in the form of a motion to concur with an
amendment, takes precedence of the motion to concur, and the latter
motion may not be made while the former is pending, but the stage of
disagreement having been reached, the motion to concur is in order and
is preferential. Volume VIII, section 3200.
When Senate amendments are taken up for the first time, the motion to
concur with an amendment takes precedence over the simple motion to
concur, but after the House has disagreed the order is reversed and
subsequently the motion to recede and concur takes precedence over the
motion to recede and concur with an amendment. Volume VIII, section
3203.
A motion to concur in a Senate amendment with an amendment is not in
order while a motion to concur with another amendment is pending, but
may be offered as an amendment or as a substitute for the pending
motion. Volume VIII, section 3201.
Where the Senate had amended a House bill by striking out a section, it
was held in order in the House to concur with an amendment inserting a
new text in lieu of that stricken out. Volume VIII, section 3190.
The previous question being demanded or ordered on a motion to concur
in a Senate amendment, a motion to amend is not in order. Volume V,
section 5488.
A bill of one House being passed in the other with amendment, the
originating House may concur with an amendment, whereupon the other
House may concur with still another amendment; but here the process
stops. Volume V, section 6163.
CONCUR, MOTION TO--Continued.
(2) Relations to Motion to Amend Before Stage of Disagreement--
Continued.
A motion being made to agree to an amendment of the other House with an
amendment, it is in order to perfect that amendment by another
amendment and a substitute. Volume V, section 6175.
The stage of disagreement not being reached, the motion to concur in an
amendment of the other House with an amendment has precedence of the
simple motion to concur. Volume V, section 6321.
The stage of disagreement not being reached, the motion to concur in an
amendment of the other House with an amendment has precedence of the
simple motion to concur, but, the stage of disagreement having been
reached, the motion to recede and concur takes precedence of the motion
to recede and concur with an amendment. Volume VIII, section 3202.
Before the stage of disagreement is reached the motion to concur with
an amendment is not divisible. Volume VIII, section 3176.
The process of amending Senate amendments in Committee of the Whole and
the subsequent agreement of the House to the amendments as amended.
Volume V, section 6193.
When a Senate amendment is reported back to the House from Committee of
the Whole with an amendment and with the recommendation that the Senate
amendment as amended be concurred in, the vote is taken first on the
proposed amendment and then on concurrence. Volume VIII, section 3192.
(3) Relations to Motion to Refer.
Before the stage of disagreement has been reached the motion to refer
to a committee Senate amendments returned with a House bill has
precedence of a motion to agree to the amendments. Volume V, sections
6172-6174.
The stage of disagreement having been reached, the motion to recede and
concur has precedence over the motion to refer. Volume VIII, section
3259.
(4) Relations to Motion to Recede and Amend After Stage of Disagreement
is Reached.
A motion to recede and concur is divisible, and, being divided and the
House having receded, a motion to amend has precedence of the motion to
concur. Volume V, sections 6209-6211.
A motion to recede and concur is divisible, and being divided and the
House having receded, a motion to amend has precedence of the motion to
concur. Volume VIII, sections 3197, 3198, 3203.
The stage of disagreement having been reached the motion to recede and
concur takes precedence of the motion to recede and concur with an
amendment. Volume V, sections 6219-6223.
The stage of disagreements haivng been reached, the motion to recede
and concur takes precedence of the motion to recede and concur with an
amendment. Volume VIII, sections 3198, 3202.
The stage of disagreement having been reached, the motion to recede and
concur takes precedence over the motion to recede and concur with an
amendment, but the motion to recede and concur having been divided, and
the House having receded, the motion to concur is first voted on and if
rejected then the motion to concur with an amendment. Volume VIII,
section 3196.
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. Volume V, section 6224.
Although the previous question may have been demanded on a motion to
insist it has been held that a motion to recede and concur might be
admitted to precedence. Volume V, section 6321a.
CONCUR, MOTION TO--Continued.
(5) Relations to Motion to Further Insist.
The motion to recede and concur takes precedence of the motion to
further insist. Volume VIII, section 3194.
The motion to recede from disagreement and concur in a Senate amendment
has precedence of a motion to insist further, but a member by offering
such motion may not deprive the member-in-charge of the floor. Volume
VIII, section 3193.
A motion to recede and concur in a Senate amendment takes precedence of
a motion to insist further on disagreement to the Senate amendment.
Volume VIII, section 3205.
In the consideration of Senate amendments to a House bill the motion to
concur takes precedence over the motion to disagree further. Volume
VIII, section 3204.
(6) Relations to Conferences.
The motion to ask a conference is distinct from motions to agree or
disagree to Senate amendments. Volume V, section 6268.
Form of conference report wherein the Senate recedes from certain of
its amendments to a House bill, while the House recedes from its
disagreement as to others and agrees to certain others with amendment.
Volume V, sections 6500-6502.
The question on the adoption of a final conference report has
precedence of a motion to recede and concur in amendments of the other
House. Volume V, section 6523.
It has been held that a resolution from a committee recommending a
request for a conference on certain disagreements as to amendments must
be acted on before the preferential motion to agree. Volume V, section
6271.
A motion to take from the Speaker's table a House bill with Senate
amendments, disagree to the amendments, and send to conference,
precludes the motion to concur and is not in order. Volume VIII,
section 2387.
A motion to instruct conferees to concur in a Senate amendment with an
amendment not germane thereto was ruled out of order. Volume VIII,
section 3235.
(7) Where a Bill is Reported With the Enacting Clause Stricken Out.
A bill being reported from the Committee of the Whole with the
recommendation that the enacting words be stricken out the motion to
concur is debatable in the House. Volume V, sections 5337-5340.
A bill being reported from the Committee of the Whole with the
recommendation that the enacting words be stricken out, the previous
question may be moved on a motion to concur without applying to further
action on the bill. Volume V, section 5342.
CONCURRENT ACTION.
The two Houses by simple and separate resolutions sometimes appoint
committees to confer and report. Volume III, section 1936.
Committees of the two Houses acting jointly to devise a plan for the
electoral count of 1821 reported different propositions, whereat
misunderstanding arose. Volume III, section 1936.
At the electoral count of 1821 the Speaker was made, so far as the
action of the House could control, presiding officer of the House
portion of the joint meeting, and he did in fact so preside. Volume
III, section 1937.
One reprint of a document at a cost not to exceed $500 having been
ordered by the House, an order by simple resolution for a second
reprint, although within the cost limit of $500, is in violation of law
and requires concurrences of the other House. Volume VIII, section
3666.
Conference reports may be amended by concurrent action of the two
Houses. Volume VIII, section 3308.
Either House having acted on a conference report, it may be recommitted
only by concurrent action of the two Houses. Volume VIII, section 3316.
In 1920 the Senate requested the concurrence of the House in a
resolution proposing to restrict the power of the President in the
negotiation of foreign affairs. Volume VI, section 327.
CONCURRENT ACTION--Continued.
By concurrent action an invitation was extended to the President of the
United States to address a joint session of the two Houses on the
subject of the birth of George Washington. Volume VIII, section 3532.
CONCURRENT RESOLUTIONS.
(1) In general.
(2) Used for creating joint committees.
(3) As to approval of by the President.
(4) Forms of.
(5) To amend enrolled bills.
(6) To recall bills and cancel signatures thereon.
(7) Privileged.
(1) In General.
A concurrent resolution is binding upon neither House until agreed to
by both. Volume IV, section 3379.
A concurrent resolution is without force and effect beyond the confines
of the Capitol. Volume VII, section 1037.
A concurrent resolution may be changed to a joint resolution by
amendment. Volume VII, sections 1037, 1045.
A joint resolution may be changed to a concurrent resolution by
amendment. Volume VII, sections 1043, 1044, 1046.
A Senate joint resolution changed by amendment of the House to a
concurrent resolution is still a Senate measure and the enacting clause
conforms to that requirement. Volume VII, section 1044.
A resolution of inquiry is usually simple rather than concurrent in
form. Volume III, section 1875.
Extra copies of bills may be ordered printed by simple resolution of
the House if the cost does not exceed $500, or by concurrent resolution
if the cost exceeds that sum. Volume V, section 7319.
Instance wherein a concurrent resolution fixing the time of final
adjournment was rescinded by action of the two Houses. Volume V,
section 6700.
Instance wherein a concurrent resolution was passed on the last day of
one session providing for a joint meeting of the two Houses on the
second day of the next session of the same Congress. Volume VIII,
section 3336.
Except in sessions ending by law, business admissible on the last six
days of a session is not in order until the concurrent resolution
providing for adjournment has passed both Houses. Volume VII, section
1022.
The two Houses by concurrent resolution provided for the meeting to
count the electoral vote. Volume VI, section 443.
By concurrent resolution managers of a conference are sometimes
authorized to include in their report subjects not in issue between the
two Houses. Volume V, sections 6437-6439.
Each House determines for itself its practice in the consideration of
conference reports, and a concurrent resolution is not required in
fortifying a conference report against points of order. Volume VII,
section 769.
A concurrent resolution is not used in conveying title to Government
property. Volume VII, section 1045.
(2) Used for Creating Joint Committees.
Joint Committees should be authorized by concurrent and not by joint
resolutions. Volume III, sections 1998, 1999.
A joint committee should be provided for by a concurrent and not a
joint resolution, and the resolution should not prescribe rules for the
proceedings of either House. Volume IV, section 4409.
CONCURRENT RESOLUTIONS--Continued.
(2) Used for Creating Joint Committees--Continued.
Joint committees of ceremony are provided for by simple and not
concurrent resolution. Volume V, section 7176.
When a joint committee is authorized by simple resolution the
resolution itself does not have the concurrent action of the two
Houses. Volume IV, section 4411.
A commission which acted and reported during the lifetime of a
Congress was created by concurrent resolution. Volume IV, section 4703.
By concurrent resolution the two Houses fixed the time within which a
committee of investigation should complete the investigation and file
its report thereon. Volume VI, section 380.
The two Houses, by concurrent resolution, constituted a joint select
committee of investigation, with power to send for persons and papers
and sit during the recess of Congress. Volume VI, section 380.
The concurrent resolution creating a joint committee authorized to
arrange for the quadrennial inauguration ceremonies is considered
sufficient authorization for the necessary appropriations for that
purpose. Volume VI, section 452.
(3) As to Approval of by the President.
Although the requirement of the Constitution seems specific the
practice of Congress has been to present to the President for approval
only such concurrent resolutions as are legislative in effect. Volume
IV, section 3483.
A concurrent resolution providing for final adjournment of the two
Houses is not presented to the President for approval. Volume IV,
section 3482.
The question as to whether or not concurrent resolutions should be sent
to the President for his signature. Volume IV, section 3484.
The question as to whether concurrent resolutions should be sent to the
President for his signature. Volume IV, section 1084.
(4) Forms of.
Forms of resolving clauses of concurrent resolutions. Volume IV,
section 3378.
The present form of concurrent resolution appears about 1839. Volume V,
section 6731.
Form of concurrent resolutions of the two Houses terminating a session
of Congress. Volume V, section 6722.
Form of resolution authorizing a joint committee to notify the
President of the approaching adjournment of Congress. Volume V, section
6723.
(5) To Amend Enrolled Bills.
A concurrent resolution and not a simple resolution is required to
authorize correction, however trivial, of a bill agreed to by both
Houses. Volume VII, section 1042.
Instance in which an enrolled bill was amended by concurrent
resolution. Volume VII, section 1041.
By concurrent resolution, the Clerk was authorized to correct errors in
a bill agreed to by the two Houses. Volume VII, sections 1068, 1069.
The action of the Speaker in signing an enrolled bill was rescinded and
the bill was amended by a concurrent resolution. Volume VII, section
1080.
By concurrent resolution, conferees were authorized to amend a bill in
conference. Volume VII, section 1071.
(6) To Recall Bills and Cancel Signatures Thereon.
By concurrent resolution, the action of the Speaker and the Vice
President in signing an enrolled bill was rescinded and the bill
amended. Volume VII, section 1078.
A concurrent resolution authorized the presiding officers of the two
Houses to cancel their signatures to an enrolled bill failing to
conform to recommendations of the Secretary of War. Volume VII, section
1077.
Under authorization of a concurrent resolution, the Speaker announced
in the House the cancellation of his signature. Volume VII, section
1077.
CONCURRENT RESOLUTIONS--Continued.
(6) To Recall Bills and Cancel Signatures Thereon--Continued.
A bill sent to the President but not yet signed by him was recalled by
concurrent resolution. Volume VII, section 1091.
(7) Privileged.
A concurrent resolution fixing the time of final adjournment is offered
as a matter of constitutional privilege. Volume VIII, section 3365.
A concurrent resolution providing for a joint session to receive the
President's message was held to be of the highest privilege. Volume
VIII, section 3335.
A concurrent resolution to send to the President for approval bills
which had passed both Houses in the previous session of the same
Congress but which for want of time failed to reach him was treated as
privileged. Volume VII, section 1086.
The return of a bill which has gone to the President of the United
States is requested by concurrent resolution, and such resolution when
received from the Senate is treated as privileged. Volume VII, section
1090.
A motion to take from the Speaker's table a concurrent resolution
providing for a recess of more than three days, while privileged, is
not debatable. Volume VIII, section 3367.
The law makes no provision for notifying the States of the submission
of a constitutional amendment and a concurrent resolution requesting
the President to transmit to the States such proposed amendments is
without privilege. Volume VIII, section 3508.
A concurrent resolution providing for recommitment to conference is not
privileged for introduction from the floor. Volume VIII, section 3309.
CONDEMNATION.
An appropriation for payment of damage to lands and crops incurred in
condemning right of way for irrigation projects was held to be
authorized by law. Volume VII, section 1217.
CONDICT, LEWIS, of New Jersey, Chairman.
Decisions on questions of order relating to--
Debate in Committee of the Whole. Volume V, section 5233.
Motion to recommit. Volume IV, section 4721.
CONDOLENCE.
By joint resolution Congress has expressed its condolence with the
widow of a deceased President. Volume V, section 7176.
CONDUCT.
The constitutional power of expulsion is limited in its application to
the conduct of Members of the House during their term of office. Volume
VI, section 56.
Application of the statute prohibiting Members of Congress from serving
in causes to which the United States is party. Volume VI, section 399.
Discussion by a committee of the power of the House to expel or
otherwise punish its Members for disorderly behavior. Volume VI,
section 398.
By rule the Member is restricted as to his movements during business or
debate, and as to wearing his hat and smoking. Volume VI, section 190.
The Sergeant at Arms and Doorkeeper are charged with the enforcement of
certain rules relating to decorum. Volume VI, section 190.
To come within the rule, a question of privilege must relate to the
conduct of Members in their representative capacity. Volume VI, section
604.
Inference that a Member is actuated by ulterior motives in official
conduct presents a question of privilege. Volume VI, section 598.
A proposition to investigate charges against Members was presented as a
question of privilege. Volume VI, section 403.
CONDUCT--Continued.
A resolution providing for an investigation of charges that Members of
the House and Senate had profited in the stock market by the use of
official information was held to involve a question of privilege.
Volume VI, section 394.
Statements on the floor reflecting on the conduct of a Member in
official capacity, whether made directly or in quotation, involve a
question of privilege. Volume VI, section 594.
Characterization of the conduct of a Member as beneath the dignity of a
pothouse politician was held subject to a point of order. Volume VIII,
section 2527.
It was held out of order in the Senate to refer to a Member of the
House in approbrious terms or to impute to him improper conduct or
unworthy motives. Volume VIII, section 2513.
A resolution reflecting on the official conduct of a Member of the
House was expunged from the Record. Volume VI, section 582.
The Speaker called a Member to the chair during consideration of a
resolution criticizing his official conduct. Volume VI, section 565.
Instance wherein a Member delegated to another not in the service of
the House the use of his frank and the occupancy of a room in the
Capitol. Volume VI, section 397.
The investigation of charges against Burton K. Wheeler, a Senator from
Montana. Volume VI, section 399.
The investigation of charges against John W. Langley, of Kentucky, and
Frederick N. Zihlman, of Maryland. Volume VI, section 402.
A Senator having been indicted by a grand jury, asked and obtained an
investigation by a committee of the Senate. Volume VI, section 399.
A Senator having been indicted in the United States district court, the
Senate, prior to the trial investigated the charges and exonerated him.
Volume VI, section 399.
A Member having been indicted by a grand jury, a committee of the House
assumed that until final disposition of his case he would take no part
in any business of the House or its committees. Volume VI, section 403.
Form of resolutions of the House creating, empowering, and instructing
the select committee which investigated charges that Members have been
improperly influenced in their official capacity. Volume VI, section
396.
A resolution creating a select committee to investigate charges
involving Members of the House was referred to a standing committee
with instructions to conduct the investigation. Volume VI, section 394.
The House, when advised by the Attorney General that certain charges
against Members were under investigation by the Department of Justice,
did not insist on its request for information relative thereto. Volume
VI, section 402.
Two unnamed Members having been implicated in a report by a Federal
grand jury, the House directed the Attorney General to transmit the
names of the Members implicated and the nature of the charges against
them. Volume VI, section 402.
A committee which had been empowered to investigate charges of
corruption against Members recommended that action by the House be
delayed pending trial in the courts. Volume VI, section 403.
Charges against Members of the House and Senate being unsubstantiated,
the resolution and report thereon were laid on the table. Volume VI,
section 394.
Report of a committee holding contempt of the House a Member who had
permitted the dissemination of letters in his name reflecting upon the
honor and integrity of Members of the House. Volume VI, section 400.
A committee of investigation in its report criticized a Member who had
inputed corrupt motives to other Members of the House. Volume VI,
section 395.
A committee of investigation expressed the opinion that the appearance
as lobbyists of former Senators and former Members of the House should
be discouraged. Volume VI, section 372.
CONDUCT--Continued.
Discussion by a committee of the House as to propriety of the
employment of former Members of Congress to advocate or oppose measures
under consideration by the House. Volume VI, section 397.
Discussion as to the propriety of employees of the House accepting
employment by agencies interested in pending legislation. Volume VI,
section 397.
Summary and discussion of laws regulating the conduct of
Representatives and Senators. Volume II, section 1282.
There is no necessary connection between the conviction of a Senator
under section 1782, R. S., and the right of the Senate to punish one of
its Members. Volume II, section 1282.
CONFEDERATE SOLDIERS.
Legislation relating to the establishment and care of national
cemeteries, national military parks, and provisions for roads, walks,
and curbs within and for such reservations, and the marking of graves
of Confederate soldiers is within the jurisdiction of the Committee on
Military Affairs. Volume VII, section 1891.
CONFEREES. See ``Conferences.''
CONFERENCE, PARTY. See ``Caucus.''
CONFERENCES.
(1) Objects of.--To settle disagreements as to amendments.
(2) Objects of.--To consider questions as to prerogatives, procedure,
etc.
(3) By committees on important matters.
(4) Request for.--As to the House by which it should be made.
(5) Request for.--Before disagreement.
(6) Request for.--Form and precedence of motions.
(7) Request for.--Messages, special orders, etc.
(8) Request for.--Declination of.
(9) Request for.--After adherence.
(10) Managers of.--Designation and number of.
(11) Managers of.--Appointment of.
(12) Managers of.--In later practice reappointed for a second
conference.
(13) Managers of.--House may instruct.
(14) Managers of.--Limitations on power of House to instruct.
(15) Managers of.--Instructions disregarded.
(16) Managers of.--Senate not informed of instructions.
(17) Managers of.--Senate practice against instructions.
(18) Managers of.--Term and vacancies.
(19) Practice as to holding.
(20) Custody of papers in.
(21) Reports of.--In general.
(22) Reports of.--Partial, admitted.
(23) Reports of.--High privilege of.
(24) Reports of.--May not be amended, referred, or laid on the table.
(25) Reports of.--Recommittal of.
(26) Reports of.--May relate only to matters in difference.
(27) Reports of.--Forms of.
(28) Reports of.--Signing of.
(29) Reports of.--Accompanying statement.
(30) Reports of.--Printing of.
(31) Reports of.--Inability to agree.
(32) Reports of.--Points of order against.
(33) Reports of.--General principles of action on.
CONFERENCES--Continued.
(34) Reports of.--Must be acted on as a whole.
(35) Reports of.--Motions during consideration of.
(36) Reports of.--As to consideration in Committee of the Whole.
(37) Reports of.--Unfavorable action on.
(38) Reports of.--Discharge of the managers.
(39) International.
(1) Objects of.--To Settle Disagreements as to Amendments.
Conferences are usually asked to compose disagreements as to amendments
between the Houses. Volume V, section 6254.
Settlement of disagreement by conference. Volume V, sections 6321-6323.
A rare instance wherein the House asked a conference as to a
proposition which had been rejected by the Senate. Volume V, section
6258.
A conference may be had 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 themselves. Volume V, section 6401.
Rare instance wherein, after the Senate had disagreed to a resolution
of the House, the House insisted and a conference was held. Volume IV,
section 3442.
A difference between the two Houses as to an amendment to a proposed
constitutional amendment may properly be committed to a conference.
Volume V, section 7037.
Vice-President Hamlin's definition of free and simple conferences.
Volume V, section 6403.
Illustration of disposition of amendments between the Houses without
intervention of a committee of conference. Volume V, section 6165.
The House may disagree to certain Senate amendments to a bill, agree to
others with amendments, and ask a conference only on the disagreement,
leaving to the Senate to agree or disagree to the amendments to Senate
amendments. Volume V, section 6287.
The usual conference over the revenue bill of 1883. Volume V, sections
6405, 6406.
(2) Objects of.--To Consider Questions as to Prerogatives, Procedure,
etc.
A conference is sometimes asked on a subject when no legislative
proposition relating to it is pending, and may be granted or declined.
Volume V, sections 6255, 6256.
In the Blount impeachment the House in conference asked of the Senate
an earlier return day of the summons, but the request was denied.
Volume III, section 2304.
Instance of a conference on a subject of procedure in an impeachment.
Volume III, section 2304.
The two Houses being at variance over a question of constitutional
prerogative the differences were submitted to a committee of
conference. Volume II, section 1495.
There being a difference between the two Houses as to the right of the
Senate to originate a revenue bill the subject was committed to a
conference. Volume II, sections 1487, 1488
Instance of a conference over the prerogatives of the two Houses
respecting revenue legislation. Volume II, section 1485.
A question being raised as to certain revenue amendments of the Senate
it was held in order to refer the constitutional question to the House
conferees, in case there should be a conference. Volume II, section
1491.
Instance wherein a Senate amendment affecting the revenue was not
objected to until the stage of conference. Volume II, section 1492.
A difference arising between the House and Senate as to the instruction
of conferees a distinct conference was asked and granted on the subject
of difference. Volume V, section 6401.
The House, while disclaiming the establishment of a precedent, sent to
conference a bill declared to involve a question of infringement of the
constitutional prerogative of the House in the origination of revenue
legislation. Volume VI, section 318.
CONFERENCES--Continued.
(2) Objects of.--To Consider Questions as to Prerogatives, Procedure,
etc.--Continued.
Instance wherein the House referred to the managers of a conference the
examination of the question whether or not the Senate amendments in
disagreement invaded the House's prerogative of originating revenue
bills. Volume V, section 6405.
(3) By Committees on Important Matters.
The House sometimes appoints a committee to act with a similar
committee from the Senate in relation to some question of moment.
Volume I, section 3.
A joint committee was chosen in 1821 to consider and report to the two
Houses whether or not it was expedient to make provision to admit
Missouri to the Union. Volume IV, section 4471.
In 1877 the House and Senate appointed committees to act jointly to
devise a method of counting the electoral vote. Volume III, section
1953.
An early instance wherein committees of the two Houses held a
conference, not over disagreements to amendments, but over proposed
legislation. Volume V, section 6257.
(4) Request for.--As to the House by Which it Should be Made.
The request for a conference must come from the House in possession of
the papers. Volume V, section 6254.
It is so usual in later practice for the house disagreeing to an
amendment of the other to ask a conference than an omission so to do
caused a question.Volume V, section 6273.
It is not always the practice for the House disagreeing to amendments
of the other House to ask a conference. Volume V, sections 6274-6277.
Under the former practice the House disagreeing to an amendment if the
other did not ask a conference, leaving that to the other House if it
should decide to insist. Volume V, section 6324.
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. Volume V, sections 6278-6285.
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.
Volume V, section 6286.
(5) Request for.--Before Disagreement.
A conference may be asked before the House has come to a resolution of
disagreement. Volume V, section 6254.
One House may pass a bill of the other with amendments and immediately,
without waiting for the other house to disagree, may ask a conference.
Volume V, sections 6293-6300. Volume VIII, sections 3214, 3217.
Instance where in the House passed a bill of the other with amendment,
and immediately, without waiting for the other House to disagree,
insisted on its amendment and asked for conference. Volume VIII,
section 3216.
When one House amends a bill of the other House and at the same time
asks a conference, it may or may not vote to insist on its amendment
before asking the conference. Volume V, sections 6293-6300.
The conference on a disagreement as to Senate amendments to a House
bill having failed, the Senate reconsidered its action in amending and
passing the bill, passed the bill with a new amendment, and asked a new
conference. Volume V, section 6292.
A request for a conference before there has been actual disagreement
between the Houses confers no privilege on the bill affected. Volume
IV, section 3020.
A bill of the House returned from the Senate amended and with a request
for a conference before there has been a disagreement is not privileged
in the House. Volume V, sections 6301, 6302.
CONFERENCES--Continued.
(5) Request for.--Before Disagreement--Continued.
The House having under consideration a number of Senate amendments, it
was held that a motion to insist on disagreement to one amendment might
not include agreement to conference asked by the Senate until
disposition of all pending amendments had been determined. Volume VIII,
section 3210.
The House having disagreed and ordered conferees on Senate amendments
on which Senate has insisted and ordered conferees, the stage of
disagreement has been reached. Volume VIII, section 3232.
The test of disagreement is the ordering of conferees; when both Houses
have ordered conferees they are in disagreement. Volume VIII, section
3232.
While the rule requires the reference to the appropriate standing
committee of House bills returned with Senate amendments requiring
consideration in the Committee of the Whole, the usual practice is to
take such bills from the Speaker's table and send them to conference by
unanimous consent. Volume VI, section 732.
(6) Request for.--Form and Precedence of Motions.
The motion to ask a conference is distinct from motions to agree or
disagree to Senate amendments. Volume V, section 6268.
A motion for a conference is not in order until the stage of
disagreement has been reached. Volume VIII, section 3213.
Motions for conference are not in order until all Senate amendments
have been disposed of. Volume VIII, section 3210.
A motion to take from the Speaker's table a House bill with Senate
amendments, disagree to the amendments, and send to conference,
precludes the motion to concur and is not in order. Volume VIII,
section 2387.
The motion to recede takes precedence of the motion to insist or the
motion to ask a conference. Volume V, section 6270.
The Senate having disagreed to an amendment of the House, it was held
that a motion to ask a conference should not be made before a motion to
recede or insist had been made and decided. Volume V, section 6270.
The House having rejected a motion to further insist and agree to a
conference asked by the Senate, the Speaker ruled that a motion to ask
a conference was not in order at the same stage. Volume V, section
6269.
A motion to request a conference on disagreeing votes of the two Houses
having been rejected may not be repeated at the same stage of the
question, even though a recess of Congress may have intervened. Volume
V, section 6325.
Where a conference results in disagreement a motion for a new
conference is privileged. Volume V, section 6586.
It has been held that a resolution from a committee recommending a
request for a conference on certain disagreements as to amendments must
be acted on before the preferential motion to agree. Volume V, section
6271.
The minority have no especial privileges as to asking conferences.
Volume V, section 6525.
The previous question when ordered on a motion to send to conference
applies to that motion alone and does not extend to a subsequent motion
to instruct conferees. Volume VIII, section 2675.
A point of order will not lie against a Senate amendment providing an
appropriation on a House bill at the time request is made to take the
bill from the Speaker's table and send it to conference for the reason
that the bill is not then under consideration. Volume VII, section
1576.
Unanimous consent to take from the Speaker's table and send to
conference a bill with Senate amendments does not waive the provisions
of the rule requiring separate vote in the House on certain Senate
amendments to appropriation bills. Volume VII, section 1574.
CONFERENCES--Continued.
(7) Request for.--Messages, Special Orders, etc.
While usual, it is not essential that one House, in asking a
conference, transmit the names of its managers at the same time. Volume
V, section 6405.
Forms of messages announcing disagreements and insistence as to
amendments and asking conferences. Volume V, sections 6597-6599.
Both Houses insisting and neither asking a conference, the bill failed.
Volume V, section 6228.
Instance wherein a House bill returned from the Senate with amendments
was taken from the Speaker's table and sent to conference on one motion
through the medium of a special order. Volume V, section 6405.
Form of special order for considering numerous Senate amendments to a
House bill without permitting debate and a vote on each separate
amendment, and for asking a conference at the same time. Volume IV,
sections 3243-3249.
Form of special order for amending a Senate bill and asking a
conference with the Senate thereon. Volume IV, section 3242.
Forms of special order making in order a motion to take from the
speaker's table and send to conference bill with Senate amendments.
Volume VII, section 822.
Form of special order discharging committee from consideration of bill
with Senate amendments and providing for conference. Volume VII,
sections 820, 821.
Form of special order taking from the Speaker's table and sending to
conference a House bill with Senate amendments. Volume VII, section
826.
Where a special order provided for the appointment of conferees
``without any intervening motion,'' it was held to exclude the motion
to instruct conferees, but not the motion to recommit. Volume VII,
section 774.
Where a special order provided for the motion to recommit, a conference
report was admitted although Senate conferees had been discharged, the
special order having been adopted after their discharge. Volume VII,
section 779.
Provision in a special order that conference shall be asked and the
Speaker shall immediately appoint conferees without intervening motion,
precludes the motion to instruct. Volume VIII, section 3394.
A resolution reported by the Committee on Rules authorizing the Speaker
to appoint conferees ``without intervening motion'' was held to be in
conflict with the limitation placed upon the Committee on Rules in
section 56 of Rule XI. Volume VIII, section 2264.
A resolution reported by the Committee on Rules providing that a House
bill with Senate amendments be taken from the Speaker's table. Senate
amendments disagreed to, conference agreed to, and that Speaker
``without intervening motion'' appoint conferees, was held not to be in
violation of the second paragraph of section 56 of Rule XI, since
opportunity would be afforded to offer the motion to recommit on the
conference report. Volume VIII, section 2266.
A special order authorizing managers as provided by section 2 of Rule
XX to agree to a Senate amendment making appropriations, precludes the
point of order that the House has not voted separately on a new
appropriation in such amendment. Volume VII, section 768.
(8) Request for.--Declination of.
Instance wherein the House respectfully declined a conference asked by
the Senate. Volume V, section 6314.
An instance wherein the Senate disregarded a request for a conference
and voted to adhere. Volume V, section 6315.
In an exceptional instance wherein the House had disagreed to a Senate
amendment to a House bill the Senate thereupon adhered at once to its
amendment and then declined the request of the House for a conference.
Volume V, section 6313.
In declining a conference the Senate by message communicated its
reasons for so doing. Volume V, section 6313.
CONFERENCES--Continued.
(8) Request for.--Declination of--Continued.
The House having requested a conference and instructed its conferees
the Senate ignored the request of the House, insisted on its
amendments, and asked ``a full free conference.'' Volume V, section
6401.
The Senate having asked ``a full and free conference'' on the
differences as to all of its amendments to a bill, the House ignoring
this request adhered as to two amendments agreed to a third, and
further insisted and asked a conference as to the remainder, which
conference was granted. Volume V, section 6401.
Sometimes one House disregards the request of the other for a
conference and recedes from its disagreement, thereby rendering a
conference unnecessary. Volume V, sections 6316-6318.
Instance wherein the Senate receded from its amendment to a House bill,
although it had insisted and asked a conference, to which the House had
agreed. Volume V, section 6319.
Instance wherein he Senate receded from its disagreement to a House
amendment to its amendment, although it had insisted and asked a
conference, to which the House had agreed. Volume VII, section 3218.
Early instances where one House postponed to an indefinite time bills
returned from the other with amendments disagreed to and requests for a
conference. Volume V, section 6199.
(9) Request for.--after Adherence.
Where both Houses have insisted, neither inclining to recede, it is in
order to adhere; but in Parliament adherence is not usually voted until
there have been at least two conferences. Volume V, section 6163.
Conferences are not asked after an adherence by both houses, but have
often been asked and granted where only one House has adhered. Volume
V, sections 6241-6244.
The Senate after careful examination thought it respectful to grant the
House's request for a conference, although the Senate had already
adhered. Volume V, section 6311.
After an adherence by both Houses a conference is not asked. Volume V,
section 6308.
A vote to adhere may not be accompanied by a request for a conference.
Volume V, section 6303. Volume VIII, section 3208.
The House that votes to adhere does not ask a conference, but the other
House may. Volume V, section 6308.
After one House has adhered the other may recede or ask a conference,
which may be agreed to by the adhering House. Volume V, sections 6304-
6307.
One House after an amendment or disagreement by the other may at once
adhere, but this does not preclude the granting of the request of the
other House for a conference. Volume V, sections 6241-6244.
Instance of a request for a conference by one House after the other had
adhered. Volume V, section 6313.
Where one House votes to adhere to its attitude of disagreement the
other may vote to insist and ask a conference. Volume V, section 6308.
The House having adhered, the Senate insisted and asked a conference,
whereupon the House insisted on its adherence and agreed to the
conference. Volume V, section 6325.
One House, having adhered, may recede from its adherence and agree to a
conference asked by the other. Volume V, section 6251.
When one House asks a conference after the other House has adhered, the
adhering House may agree to the conference without reconsidering or
receding from its vote to adhere. Volume V, section 6310.
The Senate having adhered to their amendment to a House bill, the House
decided to ask a conference without the preliminary of voting to
insist. Volume V, section 6311.
One House having adhered, the other may further insist and ask a
conference. Volume V, sections 6245, 6246.
CONFERENCES--Continued.
(9) Request for.--After Adherence--Continued.
After an adherence by one House the other has asked a conference both
with and without having voted to insist. Volume V, sections 6242, 6244.
The Senate having disagreed to an amendment of the House, and the House
having insisted, the Senate adhered, whereupon the House for the first
time asked a conference, which was granted. Volume V, section 6309.
In many instances bills have been lost by the adherence of both Houses,
sometimes in earlier days, when no effort at adjustment by conference
had been made. Volume V, sections 6233-6240.
(10) Managers of.--Designation and Number of.
The members of a conference committee are properly called ``managers.''
Volume V, section 6335.
The conference managers from the two Houses constitute practically two
distinct committees, each of which acts by a majority. Volume V,
section 6334.
Managers of a conference are usually three in number, but the House or
the Speaker sometimes varies the number. Volume V, section 6336.
In the absence of joint rules each house may appoint whatever number of
managers of a conference it may see fit. Volume V, section 6405.
Each House determines for itself the number of its managers at a
conference. Volume V, sections 6328-6330.
The number of conferees appointed by one House does not determine the
number to be appointed by the other. Volume VIII, section 3221.
The number of conferees to be appointed is within the discretion of the
Speaker and may consist of three, five, seven, or nine. Volume VIII,
section 3221.
Under the later practice, the number of conferees to be appointed has
been left to the discretion of the Speaker. Volume VIII, section 3219.
A motion to instruct the Speaker as to the number of conferees to be
appointed is not in order. Volume VIII, section 3221.
Instance wherein the Senate appointed seven conferees and the House
three on he same committee of conference. Volume VIII, section 3221.
On important measures one House has appointed five conferees, although
the other named but three. Volume V, sections 6331-6333.
(11) Managers of.--Appointment of.
In the House the managers of a conference are appointed by the Speaker.
Volume V, section 6326.
Since 1890 the rule has provided that conference committees be
appointed by the Speaker, although such has been the practice since the
earliest days of the House. Volume IV, section 4470. Volume VIII,
section 2192.
A Speaker pro tempore whose designation has received the approval of
the House signs enrolled bills and appoints committees. Volume II,
section 1404.
In appointing managers of a conference the Speaker usually consults the
Member in charge of the measure. Volume V, section 6327.
In the modern practice managers of a conference are usually selected
from the standing committee which reported the bill over which the
disagreement arises. Volume V, section 6336.
The majority of the managers of a conference should represent the
attitude of the majority of the House on the disagreements in issue.
Volume V, section 6336. Volume VIII, section 3223.
Conferees are selected to represent the opinions as well as the
majority and minority divisions of the House. Volume V, sections 6339,
6340.
CONFERENCES--Continued.
(11) Managers of.--Appointment of--Continued.
The motion of the Member in charge of the bill as to the disposition of
a Senate amendment being disagreed to and a conference being asked, the
conferees were so selected as to represent the attitude of the House.
Volume V, section 6369.
A Member at whose suggestion the report of a committee of which he was
not a member was modified was appointed a conferee when the question
came to conference. Volume V, section 6370.
Instance wherein the Senate managers of a conference were appointed
entirely from the majority party, members of the minority having
declined to serve. Volume V, section 6337.
On a conference relating to the prerogatives of the two Houses all the
conferees were selected to represent the attitude of the majority of
the House. Volume V, section 6338.
Senate discussion on the principles governing the appointment of
managers of a conference. Volume V, sections 6371, 6529.
Exceptional instance wherein the Speaker passed over the ranking member
of the committee in the appointment of conferees. Volume VIII, section
3223.
Motions to instruct the Speaker in the appointment of conference
committees have not been entertained. Volume VIII, section 2193.
(12) Managers of.--In Later Practice, Reappointed for a Second
Conference.
At a second conference the managers of the first are usually
reappointed. Volume V, section 6323.
In the later practice managers have generally been selected from the
committee that reported the measure, have been reappointed for later
conferences, and have embodied majority and minority representation.
Volume V, sections 6341-6344.
It was formerly the practice when a conference failed to produce a
result to appoint new managers at the next conference. Volume V,
section 6324.
In the earlier practice the managers were changed for a second
conference and the Speaker did not particularly consider the committee
reporting the measure or the majority and minority divisions of the
House. Volume V, sections 6345-6351.
The practice of changing managers at a second and subsequent conference
was so fixed in the earlier practice that their reappointment had a
special significance. Volume V, sections 6352-6368.
Illustration of the old practice of changing the managers at each
conference. Volume V, sections 6288-6291.
Conferees appointed for a further conference on matters remaining in
disagreement after the adoption of a first conference report have no
jurisdiction over differences composed in the previous report. Volume
VIII, section 3280.
(13) Managers of.--House May Instruct.
The House may instruct its managers of a conference, and the motion to
instruct should be offered after the vote to ask for or agree to a
conference and before the managers are appointed. Volume V, sections
6379-6382.
As to the propriety of instructing the managers at a first conference
(footnote). Volume V, section 6388.
At a new conference the instructions of a former conference are not in
force. Volume V, section 6383.
The House having asked for a free conference, it is not in order to
instruct the managers. Volume V, section 6384.
The motion to instruct conferees may be amended unless the previous
question be ordered. Volume V, section 6525. Volume VIII, section 3231.
A special order requiring the Speaker to appoint conferees immediately
after the vote of disagreement, a motion to instruct was not admitted.
Volume V, section 6385.
CONFERENCES--Contined.
(13) Managers of.--House May Instruct--Continued.
A motion to instruct conferees is in order after conference is agreed
to and before conferees are named. Volume VIII, sections 3230, 3231,
3232, 3240, 3256.
The motion to instruct conferees is subject to amendment and is
debatable under the hour rule unless the previous question is ordered.
Volume VIII, section 3240.
A motion to instruct the managers of a conference is debatable. Volume
VIII, section 2675.
A motion to instruct conferees when made at the proper time is
admissible and it is not within the province of the Chair to rule on
its consistency. Volume VIII, section 3237.
One motion to instruct conferees having been considered and disposed
of, further motions to instruct are not in order. Volume VIII, sections
3231, 3236.
The motion to instruct conferees is not in order in the Committee of
the Whole. Volume VIII, section 2320.
The fact that proposed instructions to House conferees can not be
incorporated in the bill without cooperation on the part of Senate
conferees does not subject motions imposing such instructions to a
point of order. Volume VIII, section 3230.
Where the purport of a motion to instruct was clear, the form in which
submitted was held not to be subject to a point of order. Volume VIII,
section 3241.
The ruling out of a motion to instruct conferees does not preclude the
offering of a proper motion to instruct. Volume VIII, section 3235.
Adoption of a motion to disagree or to insist on disagreement to a
Senate amendment does not preclude consideration of subsequent motions
instructing conferees to take other action on such amendments or parts
thereof. Volume VIII, section 3237.
While it is unusual to instruct conferees before a conference is had,
it is in order to move instructions for a first conference as for any
subsequent conference. Volume VIII, section 3230.
It is not unusual for conferees to agree in advance to bring amendments
back to the House for further instruction in event of failure to secure
specified disposition in conference. Volume VIII, section 3212.
Affirmative action on a motion to lay on the table a resolution
instructing conferees was held not to carry to the table with the
resolution the bill in disagreement. Volume VIII, section 2658.
Instructions to conferees expire when their report is submitted to the
House and if further conference is had such former instructions do not
obtain and a motion for new instructions is in order. Volume VIII,
section 3240.
Managers on the part of the House may be authorized by resolution
reported from the Committee on Rules to agree to Senate amendments
carrying appropriations on a bill not originating as an appropriation
bill in the House. Volume VII, section 1577.
Instances wherein special provision was made for consideration of
instructions in compliance with assurances that the House would be
afforded opportunity to vote on a Senate amendment. Volume VIII,
section 3245.
Whether motions to instruct are inconsistent with action previously
taken by the House, is a question for the House, and the Speaker
declines to rule such motions out of order on that ground. Volume VIII,
section 3230.
Form of a special order reported from the Committee on Rules providing
for consideration of a resolution instructing conferees. Volume VIII,
section 3245.
Instance wherein the rule requiring separate vote on Senate amendments
to appropriation bills was waived by unanimous consent and conferees
were authorized to agree to such amendments in conference. Volume VIII,
section 1575.
(14) Managers of.--Limitations on Power of House to Instruct.
Instructions to managers of a conference may not direct them to do that
which they might not otherwise do. Volume V, sections 6386, 6387.
Volume VIII, sections 3235, 3244.
CONFERENCES--Continued.
(14) Managers of.--Limitations on Power of House to Instruct--
Continued.
Instructions to conferees may not relate to a part of the bill not in
disagreement between the two Houses or to any subject not committed to
the conferees. Volume V, sections 6391-6394.
Instructions may not require conferees to report back amendments
outside the subjects in disagreement between the two Houses. Volume
VIII, section 3244.
It is not in order to give such instructions to managers of a
conference as would require changes in the text to which both Houses
have agreed. Volume V, section 6388.
A motion to instruct conferees to concur in a Senate amendment with an
amendment not germane thereto was ruled out of order. Volume VIII,
section 3235.
A motion to instruct conferees may not include directions which would
be inadmissible if offered as a motion in the House. Volume VIII,
section 3235.
It is not in order to instruct conferees after their appointment.
Volume VIII, section 3233.
One House has no jurisdiction over conferees appointed by the other,
and instructions to conferees may apply only to managers on the part of
the House giving the instructions. Volume VIII, sections 3241, 3242.
The jurisdiction of conferees is limited to differences between the two
Houses and conferees may not be instructed to act on an amendment not
in disagreement. Volume VIII, section 3243.
(15) Managers of.--Instructions Disregarded.
Conferees having made a report which was disagreed to by the House as
being in violation of their instructions, and a new conference having
been requested, the Speaker appointed new conferees. Volume V, section
6396.
Although a conference report may be in disregard of the instructions
given the managers, yet it may not be ruled out a point of order.
Volume V, section 6395. Volume VIII, sections 3246, 3247, 3248.
(16) Managers of.--Senate not Informed of Instructions.
According to the later practice the House does not, when it instructs
conferees, inform the Senate of the instructions. Volume V, section
6399.
The House having instructed its conferees in the first instance and
having informed the Senate by message of instructions, the latter body
objected to the instructions and to the transmittal of them by message.
Volume V, section 6401.
The House having instructed its conferees at a second conference, and
having by message informed the Senate of the instructions, that body
agreed to the conference, although there was protest at the message.
Volume V, section 6400.
In 1883 the House did not inform the Senate of the fact that it had
instructed its managers of a conference to consider an alleged invasion
of the House's prerogative by the Senate amendments in disagreement.
Volume V, section 6406.
(17) Managers of.--Senate Practice Against Instructions.
The Senate practice admits the motion to instruct conferees. Volume
VIII, section 3249.
The Senate, after full consideration, have decided that conferees may
not be instructed. Volume V, section 6397.
Only in rare instances has the Senate instructed managers of a
conference. Volume V, section 6398.
Instance in which it was held that while the Senate might not instruct
conferees, it might request conferees to take designated action on
propositions in disagreement between the two Houses. Volume VIII,
section 3251.
The House having instructed its managers at a first conference, the
Senate declined to participate and asked a free conference, which was
granted. Volume V, section 6402.
The House having instructed its managers for a second conference, the
Senate declined the conference and asked a free conference. Volume V,
sections 6403, 6404.
CONFERENCES--Continued.
(17) Managers of.--Senate Practice Against Instructions--Continued.
The Senate, having learned indirectly that the House had instructed its
conferees, declared that the conference should be full and free, and
instructed its own conferees to withdraw if they should find the
freedom of the conference impaired. Volume V, section 6406.
(18) Managers of.--Term and Vacancies.
According to the later practice the powers of a conference committee
which has not reported do not expire by reason of the termination of a
session of Congress, unless it be the last session. Volume V, sections
6260-6262.
It has long been the practice for a manager on a conference to be
excused only by authority of the House. Volume V, sections 6373-6376.
Volume VIII, section 3227.
The resignation of a member as conferee is properly addressed to the
Speaker, but is acted on by the House, and, being accepted, the Speaker
appoints a successor. Volume VIII, section 3224.
The absence of a manager of a conference causes a vacancy which the
Speaker fills by appointment. Volume V, section 6372. Volume VIII,
section 3228.
One House having made a change in a committee of conference the other
is informed by a message. Volume V, sections 6377, 6378.
During the last six days of a session motions to instruct or discharge
are privileged if conferees fail to report within 36 hours after
appointment. Volume VIII, section 3225.
Conferees failing to report within 20 calendar days after appointment
may be instructed or discharged, and motions to instruct, or to
discharge and appoint successors, are of the highest privilege. Volume
VIII, section 3225.
(19) Practice as to Holding.
In a conference the managers of the two Houses vote separately. Volume
V, section 6336.
Conferences are generally held in the Senate portion of the Capitol,
and with closed doors, although in rare instances Members and others
have been admitted to make arguments (footnote). Volume V, section
5254.
Conferees do not usually admit persons to make arguments before them.
Volume V, section 6263.
Instance wherein the Senate referred papers in the nature of petitions
to the managers of a conference. Volume V, section 6263.
Two of three House conferees being present, the Senate conferees
declined to proceed in the absence of the third House conferee,
whereupon the House conferees retired from the conference (footnote).
Volume V, section 6259.
Instance of complaint of House managers at their treatment by the
Senate managers. Volume V, section 6259.
A manager on the part of the House on the disagreeing votes of the two
Houses on a bill in conference having addressed the House in criticism
of the Senate members of the committee of conference, the Senate
notified the House that conferees on the part of the Senate had been
excused from further service on the committee. Volume VIII, section
2514.
One House, having receded from certain of its amendments, may not at a
subsequent stage recall their action in order to form a new basis for a
conference. Volume V, section 6251.
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 he
House acted on the amendments in disagreement. Volume V, section 5664.
The unusual conference over the revenue bill of 1883. Volume V,
sections 6405, 6406.
CONFERENCES--Continued.
(20) Custody of the Papers in.
At the conclusion of an effective conference, after a vote of
disagreement, the managers of the House which asked the conference
leave the papers with the managers of the other House. Volume V,
section 6254.
At the close of an effective conference the papers change hands and the
managers on the part of the House agreeing to the conference submit the
papers and the report to their House, which acts first on the report,
but in exceptional cases where managers on the part of the House
agreeing to conference have surrendered the papers, inadvertently or
otherwise, the report has been first received by the other House.
Volume VIII, section 3330.
When a conference occurs before a vote of disagreement the managers of
the House asking the conference retain the papers and bring them back
to their House. Volume V, section 6254.
An instance where, after a conference asked before a disagreement, the
report was made first in the House agreeing to the conference. Volume
V, section 6585.
When a conference breaks up without reaching any agreement the managers
of the House asking the conference do not necessarily surrender the
papers to the managers of the other House, as-in the case where a
report is agreed to. Volume V, sections 6571-6584.
A conference having failed to reach a result, the papers are not
surrendered, but remain with the managers of the House asking
conference and that House first receives the report and first takes
action on the matters in disagreement. Volume VIII, section 3332.
Instances wherein, after the failure of conference, the papers were
brought first to the House that had asked the conference (footnote).
Volume IV, section 3905. Volume V, section 6246.
An instance where, after the failure of a conference, the papers were
brought first to the House agreeing to the conference (footnote).
Volume V, section 6239.
Overruling a decision of the Chair, the Senate held it was not in order
to request the House to return papers in possession of the conferees.
Volume VIII, section 3324.
A report from a conference committee may not be presented for action or
a request for another conference be made unless the House be in
possession of the paper, i.e., the original bill and Senate amendments.
Volume V, section 6586.
(21) Reports of.--In General.
Before the managers of a conference may report the other House must be
notified of their appointment and a meeting must be held. Volume V,
section 6458.
The minority portion of the managers of a conference have no authority
to make either a written or verbal report concerning the conference.
Volume V, section 6406.
Instance wherein, under a unanimous consent agreement, a Senate
amendment was taken up after the bill had been sent to conference and
agreed to by the House without recommendation or report from the
conferees. Volume VIII, section 3202.
The consideration of conference reports is in order at any time and may
interrupt the presentation of a privileged report, but a privileged
report so interrupted remains the unfinished business and is in order
following the disposition of the conference report. Volume VI, section
379.
Members of a committee of conference may not file supplemental reports
nor submit minority views. Volume VIII, section 3302.
(22) Reports of Partial, Admitted.
Managers of a conference may make a partial report, settling some of
the disagreements and leaving others unsettled. Volume V, section 6460.
Managers may report an agreement as to a portion of the amendments in
disagreement, leaving the remainder to be disposed of by subsequent
action. Volume V, sections 6461-6464.
CONFERENCES--Continued.
(22) Reports of.--Partial, Admitted.--Continued.
Where managers of a conference make a partial report, leaving some
disagreements unsettled, each House after agreeing to the report
recedes, insists, or adheres as to the unsettled disagreements. Volume
V, section 6460.
An early instance wherein the managers of a conference made a partial
report. Volume V, section 6460.
Items agreed to in a partial conference report are no longer in dispute
and are not subject to modification in the consideration of amendments
remaining in disagreement. Volume VIII, section 3186.
Conferees appointed for a further conference on matters remaining in
disagreement after the adoption of a first conference report have no
jurisdiction over differences composed in the previous report. Volume
VIII, section 3280.
(23) Reports of.--High Privilege of.
The presentation of a conference report is always in order, except when
the Journal is being read, when the roll is being called, or when the
House is dividing. Volume V, section 6443.
The presentation of conference reports, although highly privileged
under the rules, is not in order when the Committee of the Whole rises
informally to receive a message. Volume VIII, section 2378.
A conference report may be presented for consideration while a Member
is occupying the floor debate. Volume V, section 6451.
A conference report displaces consideration of a report from a special
committee and may interrupt debate, but a Member so taken from the
floor is entitled to recognition when the privileged matter has been
disposed. Volume VIII, section 3294.
Consideration of conference reports is in order on days devoted to
District of Columbia business under the rules. Volume VIII, section
3292.
A conference report may not be considered on a Wednesday on which the
call of committees is in order. Volume VII, section 899.
The presentation of a conference report may interrupt the reading of a
bill. Volume V, sections 6448.
While a conference report may not be presented while the House is
dividing it may be presented after a vote by tellers and pending the
question of ordering the yeas and nays. Volume V, section 6447.
A conference report was held to have precedence of the question on the
reference of a Senate bill, even though an attempt had been made to
take the yeas and nays and had failed from the lack of a quorum on a
preceding day. Volume V, section 6457.
The consideration of a conference report may be interrupted, even in
the midst of the reading of the statement, by the arrival of the hour
previously fixed for a recess. Volume V, section 6524.
While the presentation of a conference report has precedence of a
motion to adjourn, yet the motion to adjourn may be put and decided
pending consideration thereof. Volume V, sections 6451-6453.
When the motion to fix the day to which the House should adjourn had
the highest privilege the consideration of a conference report was held
to displace it. Volume V, section 6451.
A motion to reconsider takes precedence of all other questions except a
conference report or a motion to adjourn. Volume V, section 5605.
A conference report is in order pending a demand for the previous
question. Volume V, section 6450.
A conference report has precedence of a report from the Committee on
Rules on which the yeas and nays and the previous question have been
ordered. Volume V, section 6449.
A conference report has precedence during a time set apart by a special
order for a particular class of business. Volume V, section 6455.
CONFERENCES--Continued.
(23) Reports of.--High Privilege of--Continued.
A special order merely providing that the House should consider a
certain bill ``until the same is disposed of,'' it was held that the
consideration of a conference report might intervene. Volume V, section
6454.
Where a special order provided for the consideration of a bill from day
to day until disposed of it was held that conference reports and
messages from the Senate might intervene. Volume VII, section 789.
A conference report may be presented during a call of the House if a
quorum be present. Volume V, section 6456.
A question of personal privilege has been given precedence over
privileged Senate amendments remaining to be disposed of after the
rejection of a conference report. Volume III, section 2531.
A resolution relating to the privilege of the House takes precedence
over a conference report. Volume VI, section 403.
A Member proposing a resolution relating to the privilege of the House
was recognized in preference to a Member requesting recognition to call
up a conference report. Volume VI, section 559.
Motions to change the reference of public bills, when privileged under
the rule, take precedence of conference reports. Volume VII, section
2124.
The priority of a question of privilege which relates to the integrity
of the House as an agency for action evidently may not be disputed by a
question entitled to priority merely by the rules relating to the order
of business. Volume V, section 6454.
The rule giving high privilege to conference reports is an affirmation
of the former practice of the house. Volume V, sections 6444-6446.
Under the general principles of parliamentary law a bill so far
advanced as to become the subject of a conference report is entitled to
a certain priority over ordinary business in an earlier stage. Volume
V, section 6454.
Where a special order provided for the motion to recommit, a conference
report was admitted although Senate conferees had been discharged, the
special order having been adopted after their discharge. Volume VII,
section 779.
(24) Reports of.--May not be Amended, Referred, or Laid on the Table.
A conference report may not be amended or altered on motion made in
either House. Volume V, sections 6534, 6535.
A conference report is not subject to amendment, but must be considered
and disposed of as a whole. Volume VIII, section 3306.
Conference reports may be amended by concurrent action of the two
Houses. Volume V, sections 6536, 6537. Volume VIII, section 3308.
A motion to refer a conference report to a standing committee has been
held out of order. Volume V, section 6558.
Under the later practice the motion to lay a conference report on the
table has not been entertained, it being considered more courteous to
the other body to take such action as would be communicated by message.
Volume V, sections 6538-6544.
(25) Reports of.--Recommittal of.
It is in order for one body to recommit a conference report if the
other body, by action on the report, have not discharged their
managers. Volume V, sections 6545-6550.
It is in order for one body to recommit a conference report, not having
discharged their conferees. Volume V, section 6609.
When a conference report has been made and acted on in one House and
the managers of that House have thereby been discharged, the other
House is precluded thereby from recommitting the report to the
managers. Volume V, sections 6551-6553.
CONFERENCES--Continued.
(25) Reports of.--Recommittal of--Continued.
A conference report that has been acted on by either House is sometimes
recommitted by concurrent action of the two Houses taken by unanimous
consent. Volume V, sections 6554-6557.
Either House having acted on a conference report, it may be recommitted
only by concurrent action of the two Houses. Volume VIII, section 3316.
When a conference report is recommitted to the committee of conference,
it is not subject to further action in the House until again reported
by the managers. Volume VIII, section 3326.
A concurrent resolution providing for recommitment to conference is not
privileged for introduction from the floor. Volume VIII, section 3309.
A motion to recommit the conference report is in order at any time
before final action is taken on the report. Volume VIII, section 3256.
The motion to recommit a conference report with instructions to the
House conferees is subject to amendment unless the previous question is
ordered. Volume VIII, section 3241.
After the previous question has been ordered on a conference report,
the motion to recommit with instructions is privileged, if the other
House has not discharged its conferees. Volume VIII, sections 3311,
3312.
The fact that a conference report has been previously recommitted to
the committee of conference with instructions, does not preclude a
motion to recommit the amended report. Volume VIII, section 3325.
A conference report having been recommitted to the committee of
conference, the papers are no longer before the House, and no motion
for disposition of the amendments in disagreement is in order. Volume
VIII, section 3328.
Recognition to move recommitment of a conference report is due Members
opposed to the report, regardless of party affiliations, but in the
absence of other considerations preference is accorded Members of the
minority. Volume VIII, section 3319.
Formerly announcement of the recommitment of a conference report was
messaged to the Senate, but under the modern practice the other House
is not notified, and managers on the part of the House carry the paper
back to conference, and a new report is formulated. Volume VIII,
section 3321.
The motion to recommit a conference report to the committee is admitted
under the Senate practice. Volume VIII, section 3320.
A conference report being ruled out in the Senate on a point of order,
was recommitted under the Senate rules to the committee of conference.
Volume VIII, section 3275.
Under a recent rule of the Senate, a conference report ruled out of
order on the ground that it inserted matter not committed to the
conference and omitted matter agreed to by both Houses, was recommitted
to the committee of conference. Volume VIII, section 3273.
When held to be in violation of the Senate rule prohibiting the
incorporation of new matter, a conference report is automatically
recommitted to the committee of conference. Volume VIII, section 3277.
Where the House had acted on a conference report, thereby discharging
its conferees, the Senate being unable to comply with its rule
recommitting invalidated conference reports to committees of
conference, requested further conference without taking further action
on the amendments in disagreement. Volume VIII, section 3279.
Where House conferees have not reported and the House has taken no
action recommitment of a conference report by the Senate was held not
to require reappointment of conferees by the House. Volume VIII,
section 3280.
In an exceptional instance the Senate transmitted a message to the
House announcing recommitment of a conference report, but did not
transmit the papers. Volume VIII, section 3323.
CONFERENCES--Continued.
(26) Reports of.--May Relate Only to Matters in Difference.
The adoption of the present rule and practice of the Senate requiring
conferees to limit their reports to matters in disagreement between the
two Houses. Volume VIII, section 3272.
The managers of a conference must confine themselves to the differences
committed to them. Volume V, section 6417,6418. Volume VIII, sections
3253, 3255, 3282.
The jurisdiction of conferees is limited to the differences between the
two Houses and conferees may not be instructed to act an amendment not
in disagreement. Volume VIII, section 3243.
When a bill is sent conference, matters in disagreement between the
Houses, and only matters in disagreement between the House, are before
the conferees notwithstanding House or Senate messages to the contrary.
Volume VIII, section 3253.
The managers of a conference must confine themselves to the differences
committed to them, and may not include subjects not within the
disagreements, even though germane to a question in issue. Volume VIII,
sections 3258.
Conferees may not go beyond the limits of the disagreements confided to
them, and where the differences involve numbers, conferees are limited
to the range between the highest figure proposed by one House and the
lowest proposed by the other. Volume VIII, section 3263.
The managers of a conference may not in their report include subjects
not within the disagreements submitted to them by the two Houses.
Volume V, sections 6407, 6408.
While the managers may perfect by germane amendments propositions
committed to them, they may not, under the later practice, go beyond
the differences of the two Houses in so doing. Volume V, sections 6409-
6413.
A conference committee may not include in its report new items
constituting in fact a new and distinct subject not in difference, even
though germane to the question in issue. Volume VIII, section 6419.
Volume VIII, section 3275.
A germane modification of an amendment in disagreement was held not to
invalidate a conference report. Volume VIII, section 3262.
To be in order in a conference report a subject must have been treated
in the bill as it passed the first House, in the amendment of the other
House, or in an amendment of the first to the amendment of the second.
Volume VIII, section 3288.
A Senate amendment having provided an appropriation to construct a road
and conferees having reported in lieu thereof a provision for a survey,
it was held that the provision was within the differences. Volume V,
section 6425.
The House provision for the regulation of railway capitalization being
stricken out by the Senate, which substituted nothing in lieu thereof,
a provision inserted by the conferees authorizing the President to
appoint a commission to investigate the subject was held to be within
the differences between the two Houses. Volume VIII, section 3269.
Where the disagreement is as to an amendment in the nature of a
substitute for the entire text of a bill the managers have the whole
subject before them and may exercise a broad discretion as to details.
Volume V, section 6424.
Where one House strikes out all of the bill of the other after enacting
clause and inserts a new text, and the differences over this substitute
are referred to conference, the managers have a wide discretion in
incorporating germane matters, and may even report a new bill on the
subject. Volume V, sections 6421-6423. Volume VIII, sections 3248,
3268, 3265, 3276.
Where an entire bill has been stricken out and a new text inserted the
conferees exercise broad authority and may discard language occurring
both in the bill and the substitute. Volume VIII, section 3266.
Where a substitute has been proposed by one House for the entire bill
passed by the other House, provision in either the bill or the
substitute are germane when offered in motion to instruct managers.
Volume VIII, section 3230.
Conferences--Continued.
(26) Reports of.--May Relate Only to Matters in Difference--Continued.
When a section is stricken out and a new text inserted, the conferees
may incorporate any germane matter. Volume VIII, sections 3259, 3267.
Where an amendment of one House proposes to strike out a paragraph of a
bill of the other, whether a substitute therefor is proposed or not,
and the amendment has been disagreed to, the conferees have the whole
subject before them and may report any provision germane thereto.
Volume VIII, section 3288.
By concurrent resolution managers of a conference are sometimes
authorized to include in their report subjects not in issue between the
two Houses. Volume VIII, sections 6437-6439.
By concurrent resolution, conferees were authorized to amend a bill in
conference. Volume VII, section 1071.
Managers of a conference may not change text to which both Houses have
agreed. Volume V, sections 6417, 6418, 6420. Volume VIII, section 3257.
The text to which both Houses have agreed may not be changed except by
the unanimous consent of both Houses. Volume V, sections 6433-6436.
A provision changing the text to which both Houses have agreed has been
appended to a conference report and agreed to by unanimous consent
after action on the report. Volume VIII, sections 6433-6436.
Conferees may not include in their report new items even when germane,
and may not change the text to which both Houses have agreed. Volume
VIII, section 3256.
Conferees may not change the text to which both Houses have agreed and
the mere amendment by one House of an item in a bill of the other House
does not authorize the elision of the entire item. Volume VIII, section
3259.
Mere changes in phraseology without material alteration of the subject
matter are not sufficient to render a conference report subject to the
point of order that the conferees have exceeded their authority. Volume
VIII, section 3270.
While the practice of both House and Senate prohibits the elimination
of provisions agreed to by both Houses, the language must be identical
and any deviation of the two text abrogate the rule. Volume VIII,
section 3276.
In the later but not he earlier practice the Speaker rules a conference
report out of order on a question being raised. Volume V, sections
6409, 6410.
It is only in later years that the Speakers have assumed authority to
determine whether or not the managers of a conference have transcended
their powers. Volume V, sections 6414-6416.
In the Senate a conference report is not ruled out on a point of order
that it contains matter not within differences, but the question must
be taken on agreeing to it. Volume V, sections 6426-6432.
Both House and Senate have always been adverse to receiving reports in
cases wherein the managers have exceeded their powers. Volume V,
sections 6414-6416.
Insertion by managers of new matter in a conference report renders it
subject to the point of order that the managers have exceeded their
authority. Volume VIII, section 3260.
The Speaker may rule a conference report out of order, if it is shown
that the conferees have exceeded their authority. Volume VIII, section
3256.
Under the later practice of the Senate, the Chair rules out of order a
conference report incorporating matter not in disagreement between the
two Houses. Volume VIII, section 3277.
When held to be in violation of the Senate rule prohibiting the
incorporation of new matter, a conference report is automatically
recommitted to the committee of conference. Volume VIII, section 3277.
A conference report having been agreed to, it is too late to raise, as
a matter of privilege, a question as to whether or not the managers
have exceeded their authority. Volume V, section 6442.
CONFERENCES--Continued.
(26) Reports of.--May Relate Only to Matters in Difference--Continued.
Conferees, having agreed to a Senate amendment pertaining to Army
aircraft with an amendment pertaining to naval aircraft, were held to
have exceeded the differences committed to them. Volume VIII, section
3258.
Conferees having reported tariff rates not in disagreement, the Vice
President held them subject to a point of order and recommitted the
conference report to the committee of conference. Volume VIII, section
3280.
A conference report proposing duties beyond the range of rates provided
by either House bill or Senate amendments, a point of order was
sustained and the report was recommitted. Volume VIII, section 3281.
In changing a provision relating to ``grain'' to a provision to
``nonperishable agricultural commodities'' conferees were held to have
gone beyond the differences committed to them. Volume VIII, section
3270.
The managers having appended to a Senate amendment, pertaining to
charters of national banks, a provision for investigating relations
between the banking system and commodity prices, the Speaker held they
had gone beyond the differences committed to them. Volume VIII, section
3256.
Where the two Houses fix different periods of time the conferees have
latitude between the two, but may not go beyond the longer nor within
the shorter. Volume VIII, section 3264.
Under the practice, it is customary for conferees to bring in a
conference report on items agreed upon and report disagreement on all
amendments coming within the rule and, the conference report having
been agreed to, amendments in disagreement are then voted upon
separately. Volume VIII, section 1572.
(27) Reports of.--Forms of.
Form of conference report wherein differences as to an amendment are
settled by amending it. Volume V, section 6323.
Form of conferences report wherein the House recedes from its amendment
to a Senate bill. Volume V, section 6499.
Form of conference report wherein one House recedes from certain
amendments, while the other recedes from its disagreement to certain
others. Volume V, section 6323.
Form of conference report wherein the Senate recedes from certain of
its amendments to a House bill, while the House recedes from its
disagreement as to others and agrees to certain others with amendment.
Volume V, sections 6500-6502.
Form of conference report on House amendments to a Senate bill, where
the House recedes from some of its amendments and the Senate recedes
from its disagreement as to others. Volume V, section 6503.
Form of conference report in a case wherein the House had disagreed to
a Senate amendment to a House amendment to a Senate bill. Volume V,
section 6504.
Form of conference report wherein an entirely new text is reported in
place of an amendment in the nature of a substitute. Volume V, section
6426.
Form of report when managers of a conference report that they have been
unable to agree. Volume V, section 6570.
Form of report of conferees on general disagreement. Volume VIII,
section 3299.
Under certain circumstances managers may report an entirely new bill on
a subject in disagreement, but this bill is acted on as part of the
report. Volume V, sections 6465-6467.
Under the early practice the conference reports made to the two Houses
were not identical. Volume II, section 1506.
In the very early practice conference reports were merely suggestions
for action and were neither identical in the two Houses nor acted on as
a whole. Volume V, sections 6468-6471.
CONFERENCES--Continued.
(27) Reports of.--Forms of--Continued.
In the early practice of the House conference committees did not make
identical reports to the two Houses, and the reports were not signed.
Volume IV, section 3905.
While conference reports must be written in duplicate, it is the
practice to prepare conference reports on appropriation bills in
triplicate, and on occasion all conference reports have been required
in triplicate. Volume VIII, section 3296.
Conference reports in citing amendments must refer to the engrossed
copies of the bill and amendments and not to reprints. Volume VIII,
section 3297.
(28) Reports of.--Signing of.
A conference report is valid if signed by two of the three managers of
each House. Volume V, section 6323.
A conference report is received if signed by a majority of the managers
of each House. Volume V, sections 6497, 6498.
Conference reports must be signed by the managers. Volume VIII, section
3295.
The signature of a majority of the managers of each House is sufficient
for a conference report. Volume V, sections 6500-6502.
A point of order being made that a conference report, which was duly
signed by a majority of the managers, was not authorized, the Speaker
submitted the question of its reception to the House. Volume V,
sections 6497, 6498.
The name of an absent manager may not be affixed to a conference
report, but the House and Senate may authorize him to sign the report
after it has been acted on. Volume V, section 6488.
In the early practice it was not essential that conference reports
should be either signed or printed in the Journal. Volume V, sections
6472-6480.
Since 1846 conference reports have generally been signed and appear in
the Journal. Volume V, sections 6481-6487.
Instance in 1848 wherein a conference report was signed by the managers
of the two Houses. Volume V, section 6538.
Sometimes a manager indorses the report with a conditional approval or
dissent. Volume V, sections 6489-6496.
Instance wherein a House manager indorsed on a conference report his
dissent and protest. Volume V, section 6538.
(29) Reports of.--Accompanying Statement.
Each conference report shall be accompanied by a detailed statement
sufficiently explicit to explain the effect of the provisions of the
report. Volume V, section 6443.
A conference report may not be received without the accompanying
statement required by the rule. Volume V, sections 6507-6510.
The statement accompanying a conference report should be in writing and
signed by at least a majority of the House managers. Volume V, sections
6505, 6506.
Form of statement accompanying report of the House managers of a
conference. Volume V, sections 6504, 6514, 6515.
It is for the House and not the Speaker to determine whether or not the
detailed statement accompanying a conference report is sufficient to
comply with the rule. Volume V, sections 6511, 6512.
While the Chair may not pass upon the completeness of the written
statement accompanying a conference report, he may require it to be in
proper form. Volume V, section 6513.
Under a motion to suspend the rules and pass a conference report, the
Speaker requested a Member to withdraw a point of order against the
reading of the accompanying statement, indicating that the reading of
the statement was not in order if objected to. Volume VIII, section
2606.
CONFERENCES--Continued.
(30) Reports of.--Printing of.
A conference report and the accompanying statement are required to be
printed in the Congressional Record before being considered, except
during the last six days of session. Volume V, section 6516.
The Journal does not record in full a conference report presented
merely for printing in the Record under the rule. Volume IV, section
2860.
A motion to suspend the rules and agree to a conference report proposes
suspension of all rules inconsistent with the adoption of the report,
including the rule requiring printing before consideration. Volume
VIII, section 3423.
A report that conferees have been unable to agree is not acted on by
the House and is therefore exempted from the requirement that it be
printed in the record before action can be taken on matters in dispute.
Volume VIII, section 3332.
A conference report and the accompanying statement must be correctly
printed in the Record, and although the original report and statement
are correct, an error in printing either renders it subject to the
point of order that it does not comply with the rule. Volume VIII,
section 3298.
(31) Reports of.--Inability to Agree.
Where managers of a conference are unable to agree, or where a report
is disagreed to in either House, another conference is usually asked.
Volume V, sections 6288-6291.
A conference having failed to reach a result the two Houses,
successfully, as they come into possession of the papers, act on the
amendments in disagreement, further insisting or receding and
concurring. Volume V, section 6322.
The failure of a conference does not prevent either House taking such
independent action as may be necessary to pass a bill. Volume V,
section 6320.
When conferees report that they have been unable to agree, the report
is not acted on by the House. Volume V, section 6562. Volume VIII,
section 3329.
When conferees report that they have been unable to agree, the report
is not acted on, and need not be printed in the Record before the
amendments in disagreement are again taken up in the House. Volume
VIII, section 3299.
Form of report of conferees on general disagreement. Volume VIII,
section 3299.
Form of report by which the managers of a conference announce to their
respective Houses their inability to agree. Volume V, section 6322.
Form of written statement that managers of a conference have failed to
agree. Volume V, sections 6568, 6569.
Instance wherein the House conferees declined to sign a report that the
conferees had been unable to agree. Volume V, sections 6568, 6569.
In the earlier practice reports of inability of managers of a
conference to agree were made verbally, and conference reports were not
signed. Volume V, section 6328.
In the earlier practice managers reported their inability to agree
either verbally or in writing, but the reports were not signed as at
present. Volume V, sections 6563-6567.
Instance wherein, after managers of a conference had reported their
inability to agree, a resolution insisting on the House's disagreement
to Senate amendments and asking a further conference was admitted as
privileged. Volume V, section 6272.
Instance wherein managers of a conference, in reporting their inability
to agree, submitted recommendations to their respective Houses. Volume
V, section 6334.
A bill sometimes fails because of the inability of managers to agree.
Volume V, sections 6264-6267.
Instances of bills which failed in conference. Volume V, sections 6529,
6568.
The managers of a conference having reported inability to agree, the
House voted to adhere to its disagreement to the Senate amendment,
whereupon the Senate receded from it. Volume V, section 6312.
CONFERENCES--Continued.
(31) Reports of.--Inability to Agree--Continued.
Conferees reporting inability to agree are thereby discharged and if a
new conference is ordered conferees must again be appointed and new
instructions are in order. Volume VIII, section 3240.
A conference having failed to reach a result, the papers are not
surrendered, but remain with the managers of the House asking
conference and that House first receives the report and first takes
action on the matters in disagreement. Volume VIII, section 3332.
Statement with reference to an unwritten rule of conference that the
House proposing an amendment on which agreement can not be secured must
recede or accept responsibility for failure of the bill. Volume VIII,
section 3209.
(32) Reports of.--Points of Order Against.
A point of order against a conference report should be made or reserved
after the report is read and before the reading of the statement.
Volume V, section 6424.
A point of order as to a conference report should be made before the
consideration of the report has begun. Volume V, section 6440.
Points of order against a conference report should be made or reserved
before discussion begins. Volume V, sections 6903-6905. Volume VIII,
section 3286.
A point of order against a conference report should be made before the
statement is read. Volume V, section 6441. Volume VIII, sections 3282,
3284, 3285, 3287.
The ruling out of conference report on a point of order is equivalent
to its rejection by the House and the bill and amendments are again
before the House as if they had not gone to conference. Volume V,
section 6419. Volume VIII, sections 3256, 3257, 3259.
Under the later practice, when a conference report is ruled out of
order, the Senate is informed by message that the report has been
rejected. Volume V, sections 6409-6413.
A conference report is not subject to the point of order that it is in
violation of instructions given the managers. Volume VIII, section
3247.
A conference report having been ruled out on a point of order,
consideration was authorized by special order reported from the
committee on rules. Volume VIII, section 3258.
A conference report agreeing to Senate amendments falling within the
rule, and on which the House has been given no opportunity to vote, is
subject to a point of order, and a point of order sustained against any
such item invalidates the entire report. Volume VII, section 1574.
A motion to suspend the rules and pass a conference report does not
admit the point of order that the conference report contains matter not
in disagreement between the two Houses. Volume VIII, section 3406.
A question of order may not be sustained against a portion of a
conference report without affecting the entire report, and modification
can only be effected by rejection of the report and instruction of a
new conference or, when the managers on the part of the Senate have not
been discharged, by a motion to recommit with instructions. Volume
VIII, section 3307.
A question being raised in the Senate as to whether conferees had
exceeded their authority, it was held that conferees might include in
their report provisions from either the Senate or House bills, and the
Chair in passing on points of order was not authorized to take into
consideration the effect of such provisions in conjunction with
provisions inserted from the bill passed by the other House. Volume
VIII, section 3274.
Contrary to the practice in the House, questions of order against
conference reports may be raised in the Senate at any time before the
report is agreed to. Volume VIII, section 3280.
Conference reports are strictly construed, conferees being restricted
to the literal difference between the two Houses and the insertion of
any extraneous matter, however slight its effect on the general purport
of the bill, is subject to a point of order. Volume VIII, section 3254.
CONFERENCES--Continued.
(32) Reports of.--Points of Order Against--Continued.
Interpretation of the term ``new matter'' as used in the Senate rule.
Volume VIII, section 3275.
Instance wherein the Vice President expressed the opinion that the
practice of the Senate should be amended by making conference reports
subject to the point of order that conferees had exceeded their
authority by incorporating matters not in disagreement between the two
Houses. Volume VIII, section 3272.
Incorporation of new matter, even when nonessential, subjects a
conference report to the point of order that the conferees have
exceeded their jurisdiction. Volume VIII, section 3284.
Pending the decision of a question of order raised against a conference
report it is in order to move to suspend the rules and agree to the
report. Volume VIII, section 3422.
Points of order are properly raised or reserved against a conference
report after it is read, and before the statement is read, and whether
the statement is read in lieu of the report or after the report. It is
too late to raise a question of order after the reading of the
statement. Volume VIII, sections 3256, 3265, 3285, 3288, 3289.
The invalidation of a conference report on a point of order is
equivalent to its rejection by the House, but does not give the Member
raising the question of order the right to the floor. Volume VIII,
section 3284.
The practice of the House does not countenance the reservation of
points of order against a conference report when presented for
printing, and questions of order are not entertained until the report
has been read for consideration. Volume VIII, section 3271.
Under the former Senate practice, a conference report was not subject
to the point of order that the conferees had exceeded their authority.
Volume VIII, section 3272.
While the rejection of a conference report transfers the control of the
measure to the opponents, the sustaining of a point of order against a
conference report is not adverse action on the part of the House and
exerts no effect on the right of recognition. Volume VI, section 313.
While a conference report may not be considered when the original
papers are not before the House, the failure of the Clerk to certify to
their authenticity may be remedied when the question is raised, and
does not invalidate proceedings relating to them. Volume VIII, section
3302.
(33) Reports of.--General Principles of Action on.
A conference report may not be considered when the original bill and
amendments are not before the House. Volume V, sections 6518-6522.
Volume VIII, section 3301.
A conference report having been ruled out on a point of order,
consideration was authorized by special order reported from the
committee on rules. Volume VIII, section 3258.
A conference report being presented, the question on agreeing to it is
regarded as pending. Volume VIII, section 3300.
A report from a conference committee may not be presented for action or
a request for another conference be made unless the House be in
position of the papers, i.e., the original bill and Senate amendments.
Volume V, section 6586.
The reports of managers of a conference go first to one House and then
to the other, neither House acting until it is in possession of the
papers. Volume V, section 6322.
One House has, by message, reminded the other of its neglect to act on
a conference report; but this was an occasion of criticism. Volume V,
section 6309.
A conference report being made up but not acted on at the expiration of
a Congress, the bill is lost. Volume V, section 6309.
A final conference report providing that the House recede from the only
disagreement was agreed to by the House and then the presiding officers
of the two House signed the bill, although the Senate had not acted on
the report. Volume V, section 6587.
CONFERENCES--Continued.
(33) Reports of.--General Principles of Action on--Continued.
Instance wherein the House, after disagreeing to a conference report
already agreed to by the Senate, laid on the table a House bill with
Senate amendments. Volume V, section 6588.
A two-thirds vote is required to agree to a conference report on a
joint resolution proposing an amendment to the Constitution. Volume V,
section 7036.
Consideration of a conference report has precedence of a motion to go
into the Committee of the Whole for the consideration of a general
appropriation bill. Volume VIII, section 3291.
Each House determines for itself its practice in the consideration of
conference reports, and a concurrent resolution is not required in
fortifying a conference report against points of order. Volume VII,
section 769.
Form of resolution for consideration of conference report invalidated
on point of order. Volume VIII, section 3270.
Form of special order providing for consideration of two conference
report as one report. Volume VII, section 775.
Form of special order for consideration of a conference report without
intervention of points of order. Volume VII, section 828.
Under the practice, it is customary for conferees to bring in a
conference report on items agreed upon and report disagreement on all
amendments coming within the rule and, the conference report having
been agreed to, amendments in disagreement are then voted upon
separately. Volume VII, section 1572.
While a conference report may not be considered when the original
papers are not before the House, the failure of the Clerk to certify to
their authenticity may be remedied when the question is raised, the
does not invalidate proceedings relating to them. Volume VIII, section
3302.
(34) Reports of.--Must be Acted on as a Whole.
A conference report must be acted on as a whole. Volume V, sections
6530-6533. Volume VIII, section 3304.
The practice of acting on the conference report as a whole began in
1828, but did not at once become invariable. Volume V, sections 6472-
6480.
A conference report must be accepted or rejected in its entirety, and
while it is pending no motion to deal with individual amendments in
disagreement is in order. Volume V, section 6323.
Conference reports must be adopted or rejected as reported and any
modifications however slight may be remedied only by recommitment to
the Committee of Conference. Volume VIII, sections 3306, 3317.
(35) Reports of.--Motions During Consideration of.
The motion to agree is the pending question on a conference report, and
the motion to disagree is not admitted. Volume II, section 1473.
A conference report being presented, the question on agreeing to it is
regarded as pending. Volume V, section 6517.
The question on the adoption of a final conference report has
precedence of a motion to recede and concur in amendments of the other
House. Volume V, section 6523.
Pending the question on agreeing to a conference report, motions
relating to disposal of the individual amendments in disagreement or
for the instruction of conferees at a future conference are not in
order. Volume V, sections 6389, 6390. Volume VIII, section 3249.
Pending consideration of a conference report it is not in order to
demand the reading of the amendments to which it relates. Volume V,
section 5298.
A single motion for the previous question may not apply to a motion to
agree to a conference report, and also to a motion to task a further
conference on amendments not included in the report. Volume V, section
5465.
CONFERENCES--Continued.
(35) Reports of.--Motions During Consideration of--Continued.
When the previous question is ordered on a conference report which has
not been debated the forty minutes of debate is not allowed if the
subject-matter of the report was debated before being sent to
conference. Volume V, sections 5506, 5507.
After the previous question has been ordered on a conference report,
the motion to recommit with instructions is privileged, if the other
House has not discharged its conferees. Volume VIII, section 3312.
Instance wherein, under a unanimous consent agreement, a Senate
amendment was taken up after the bill had been sent to conference and
agreed to by the House without recommendation or report from the
conferees. Volume VIII, section 3202.
(36) Reports of.--As to Consideration in Committee of the Whole.
While conference reports were formerly considered in Committee of the
Whole, they may not be sent there on suggestion of the point of order
that they contain matter ordinarily requiring consideration therein.
Volume V, sections 6559-6561.
Formerly conference reports were considered in Committee of the Whole
(footnote). Volume V, sections 6416, 6479
In the early practice conference reports were considered in Committee
of the Whole. Volume V, section 6311.
(37) Reports of.--Unfavorable Action on.
The rejection of a conference report leaves the matter in the position
it occupied before the conference was asked. Volume V, section 6525.
A conference report being disagreed to, the amendments to the other
House then come up for action. Volume II, section 1473.
Amendments between the House once disagreed to do not, on the rejection
of a conference report, return to their former state, so that they may
be required to go to Committee of the Whole. Volume V, section 6589.
A conference report having been disagreed to, one of the opponents of
the report was recognized to make the motions in relation to the
pending amendments. Volume V, section 6396.
A motion made by the Member in control of a conference report being
decided adversely, it has usually been held that the right to
recognition passes to the opponents. Volume I, sections 1473-1477.
Instances wherein the Senate expressed doubt of the right of conferees
to withdraw a conference report after it had been presented and before
action thereon. Volume V, section 6459.
(38) Discharge of the Managers.
While a conference is in progress the House which asks it may alone
discharge the conferees, and, having possession of the papers, may act
on the amendments in disagreement. Volume V, sections 6526, 6527.
In the House the discharge of conferees from the subject committed to
them is effected by an order reported from the Committee on Rules and
agreed to by the House. Volume V, section 6526.
Form of special order for discharging managers of a conference and
disposing of amendments in dispute. Volume V, section 6526.
When the conference was asked by the House, may the Senate by a motion
to discharge its conferees get possession of the bill and papers?
Volume V, section 6529.
A conference report being presented for printing merely, and the
original papers being in ``possession of the other House,'' a motion to
discharge the conferees was held not to be privileged. Volume V,
section 6528.
CONFERENCES--Continued.
(38) Discharge of the Members--Continued.
Action on a conference report by either House discharges the committee
of conference and precludes a motion to recommit, but until one House
has acted on the report the motion to recommit to the conferees, with
or without instructions, is in order. Volume VIII, section 3241.
(39) International.
The Committee on Foreign Affairs has general jurisdiction of the
subject of international conferences and congresses. Volume IV, section
4177.
In 1916 the House originated and the Senate agreed to a measure
authorizing the President to invite a conference of Governments of the
world to consider the establishment of a Court of Arbitration. Volume
VI, section 329.
An appropriation to continue representation of the United States at an
adjourned meeting of an international conference was held not to be in
continuance of a public work. Volume VII, section 1135.
CONFIDENTIAL BUSINESS.
A rule, not invoked for many years, provides for secret sessions of the
House whenever the President may send a confidential message for the
Speaker or any Member may announce that he has a confidential
communication to present. Volume V, sections 7247, 7248.
In 1853 the House declined to go into secret session. Volume V, section
7253.
When messages of a confidential nature were received from the President
or Senate, the House went into secret session. Volume V, sections 7251,
7252.
Instances wherein two Members of the House were directed to take a
confidential message to the Senate. Volume II, section 1538.
CONFLICTING CREDENTIALS. See ``Elections of Representatives.''
CONFLICTING PRECEDENTS.
When precedents conflict, the Chair is constrained to give greatest
weight to the latest decisions. Volume VI, section 248.
CONGRESS.
(1) Term of.
(2) Convening and adjourning.--Place of, and first meeting.
(3) Convening and adjourning.--Annual meeting provided for by
Constitution.
(4) Convening and adjourning.--Laws fixing time of meeting.
(5) Convening and adjourning.--Proclamations of the President.
(6) Convening and adjourning.--As to hour of meeting.
(7) Convening and adjourning.--Sessions and recesses.
(8) Convening and adjourning.--Resolutions for adjournment.
(9) Convening and adjourning.--Expiration of term.
(10) Convening and adjourning.--Action of House at end of term.
(11) Power as to elections.
(12) Power of investigations.
(13) Must be in session during impeachment trials.
(14) Thanks of.
(15) In general.
(16) Election cases in the various Congresses.
(1) Term of.
The term of Congress begins on the 3d of January of the odd-numbered
years, and extends through two years. Volume VI, section 1.
The term of Congress begins on the 4th of March of the odd-numbered
years and extends through two years. Volume I, section 3.
CONGRESS--Continued.
(1) Term of--Continued.
Proposed changes of the Constitution as to the terms of Congress and
the President, and the time of annual meeting of Congress, have been
considered by the Committee on Election of President, Vice-President,
and Representatives in Congress. Volume IV, section 4302.
The term of a Delegate need not necessarily begin and end with the term
of a Congress. Volume I, section 403.
The attempt to establish the theory that one House might prescribe
rules for its successor and the end thereof. Volume I, section 187.
Instance wherein the House failed to elect a Doorkeeper and Postmaster,
the officers of the preceding House continuing to serve. Volume I,
section 193.
A commission which acted and reported during the lifetime of a Congress
was created by concurrent resolution. Volume IV, section 4703.
(2) Convening and Adjourning.--Place of, and First Meeting.
The District of Columbia is the seat of government (footnote). Volume
I, section 2.
In certain exigencies the President may convene Congress at a place
other than the seat of government. Volume I, section 2.
By resolution of the Continental Congress, the First Congress under the
Constitution met on March 4, 1789. Volume I, section 3.
(3) Convening and Adjourning.--Annual Meeting Provided for by
Constitution.
The Constitution provides for the annual meeting of Congress. Volume I,
section 1. Volume VI, section 1.
In the later, but not the earlier, practice the fact that Congress has
met once within the year does not make uncertain the constitutional
mandate to meet on the first Monday of December. Volume I, sections 10,
11.
In 1797 the Congress assembled on the day constitutionally provided by
law, although it had already held a session that year. Volume I,
sections 6-9.
Instance wherein Congress in adjourning fixed by resolution the time of
meeting of the next session on the constitutional day. Volume I,
section 5.
The First Congress having met once in each of its two years of
existence, a doubt existed as to whether or not it would legally meet
again on the day appointed by the Constitution. Volume I, section 5.
The First Congress by law appointed for its second meeting a day later
than the day fixed by the Constitution. Volume I, section 5.
In the later Congresses it has been established both by declaration and
practice that a special session, whether convened by law or
proclamation, ends with the constitutional day for annual meeting.
Volume V, sections 6690-6693.
In the later view an existing session ends with the day appointed by
the Constitution for the regular annual session. Volume II, section
1160.
Early Congresses, having by law met on a day earlier than the
constitutional day, remained in continuous session to a time beyond
that day. Volume I, sections 6-9.
Early Congresses, convened either by proclamation or law on a day
earlier than the constitutional day, remained in continuous session to
a time beyond that day. Volume I, sections 10, 11.
Proposed changes of the Constitution as to the term of Congress and the
President and the time of annual meeting of Congress have been
considered by the Committee on Election of President, Vice-President,
and Representatives in Congress. Volume VII, section 2026.
(4) Convening and Adjourning.--Laws Fixing Time of Meeting.
Instances of laws fixing the time of annual meeting of Congress. Volume
I, sections 5, 10, 11.
Early sessions of Congress convened by law (footnote). Volume I,
section 12.
CONGRESS--Continued.
(4) Convening and Adjourning.--Laws Fixing Time of Meeting--Continued.
The Committee on the Judiciary has reported bills relating to the
meeting of Congress. Volume VII, section 1770.
(5) Convening and Adjourning.--Proclamations of the President.
The President may on extraordinary occasions convene both or either of
the Houses of Congress. Volume I, section 1.
One Congress having by law provided a time for the meeting of the next
Congress, that Congress nevertheless met at an earlier day on call of
the President. Volume I, section 12.
Discussion as to whether of not there is a distinction between a
session called by the President and other sessions of Congress
(footnote). Volume I, section 12.
Instances wherein Congress has been convened by proclamation or by law.
Volume I, sections 10, 11.
The statutes provide that in case of the removal, death, resignation,
or inability of both President and Vice-President during a recess of
Congress, the Secretary who acts as President shall convene Congress in
extraordinary session. Volume I, section 13.
An early instance wherein the proclamation of the President convening
Congress was not printed in the Journal (footnote). Volume I, section
12.
(6) Convening and Adjourning.--As to Hour of Meeting.
The early laws fixing the time for the meeting of Congress specified
the day but not the hour. Volume I, sections 6-9.
Instance wherein a law convening Congress specified the hour as well as
the day. Volume I, sections 10, 11.
It being desirable that the hour of the first meeting of a Congress
should be later than 12 m., the purpose was effected by a joint
resolution. Volume I, section 4.
(7) Convening and Adjourning.--Sessions and Recesses.
The Congress is not assembled until both House and Senate are in
session with a quorum present. Volume VI, section 5.
While neither House may adjourn for more than three days during a
session of Congress without the consent of the other, either may
adjourn ad libitum with the consent of the other House. Volume VIII,
section 3363.
In computing the days of a session the period during which the Congress
stands adjourned for more than three days is treated as dies non.
Volume VIII, section 3368.
First instance in which a Congress convened for four sessions. Volume
VIII, section 3371.
In the earlier days of the Congress the holiday recess was not often
taken. Volume V, sections 6678-6685.
Instances wherein one session of Congress has followed another without
appreciable interval. Volume V, sections 6690, 6692. Volume VIII,
section 3375.
Reference to questions arising in the Senate as to recess appointments
in a case wherein one session followed its predecessor immediately.
Volume V, section 6693.
Instance wherein the President of the United States was not notified of
the expiration of a session of Congress. Volume V, section 6692.
(8) Convening and Adjourning.--Resolutions for Adjournment.
Form of concurrent resolutions of the two Houses terminating a session
of Congress. Volume V, section 6722.
The privilege of a resolution providing for an adjournment of more than
three days is limited in its exercise. Volume V, section 6704.
A concurrent resolution extending the time of a recess of Congress
already determined on is privileged. Volume V, section 6705.
CONGRESS--Continued.
(8) Convening and Adjourning.--Resolutions for Adjournment--Continued.
Privilege has been given to a resolution providing for a recess of
Congress, the length of which might be fixed by the President or the
presiding officers of the two Houses. Volume B, section 6706.
A simple resolution, providing for an adjournment of the House for more
than three days, and for asking the consent of the Senate thereto, has
been ruled to be privileged. Volume V, sections 6702, 6703.
The term ``adjournment'' as used in the constitutional provision does
not refer exclusively to the final adjournment of the Congress, but
includes the adjournment of an intermediate session as well. Volume
VII, section 1115.
The last six days of a session, in which motions to suspend the rules
may be entertained under the rule, cannot be determined, other than at
the last session of a Congress, until a resolution fixing the date of
adjournment has been agreed to in both Houses, and the fact that such
resolution has been passed by one House is not to be construed as
admitting the motion until the resolution has been adopted by the other
House. Volume VIII, section 3397.
(9) Convening and Adjourning.--Expiration of Term.
The legislative day of March 3 of the final session of a Congress is
held to terminate at 12 m. on March 4, unless a motion is made and
carried for an adjournment previous to that hour. Volume V, sections
6694-6697.
The last session of a Congress may be adjourned before the expiration
of the constitutional period (footnote). Volume V, section 6724.
Reference to discussion of the constitutional power of the President to
adjourn Congress in a certain contingency (footnote). Volume I, section
12.
(10) Convening and Adjourning.--Action of House at End of Term.
The Speaker interrupts a roll call and declares the House adjourned
sine die, without motion or vote of the House, when the hour of
expiration of the term of the Congress arrives. Volume V, sections
6717-6718.
When the House has sat to the limit of the constitutional term of the
Congress a motion to adjourn may be put and carried, or the Speaker may
declare the adjournment sine die without motion. Volume V, sections
6711-6713.
When the House has sat to the limit of the constitutional term of the
Congress the Speaker pronounces and adjournment sine die, without a
motion being put or carried (footnote). Volume V, section 6709.
When the House adjourns sine die at an hour before the expiration of
the constitutional term of the Congress it does so by a simple motion
made and carried, without concurrent action of the Senate. Volume V,
sections 6709, 6710.
(11) Power as to Elections.
The times, places, and manner of elections of Representatives are
prescribed by the State legislatures, but Congress may make or alter
such regulations. Volume I, section 507.
In judging elections, qualifications, and returns of Representatives in
Congress, the House does not consider itself bound by constructions
placed upon State laws by the courts of the State. Volume VI, sections
5891, 187.
The Supreme Court, and not Congress, is the proper tribunal to
determine the constitutionality of a State's election system. Volume
VI, section 128.
No statute can interfere with the provision of the Constitution making
each House of Congress the judge of the qualification and election of
its own Members. Volume VI, section 98.
Decision of the Supreme Court that the corrupt practices act
prohibiting Members of Congress from accepting certain contributions
from Federal employees is constitutional. Volume VI, section 68.
Congress has authorized the use of voting machines in the States.
Volume VI, section 150.
CONGRESS--Continued.
(11) Power as to Elections--Continued.
The power of Congress to enact legislation relative to campaign
receipts and expenditures in primary and general elections affirmed.
Volume VI, section 70.
A Federal law requires sworn statements by candidates for Congress of
contributions received, amounts expended, and promises made for the
purpose of influencing the result of elections. Volume VI, section 67.
Decision of Federal court confirming the right of duly constituted
congressional committees of investigation to inquire into matters
pertaining to primary elections. Volume VI, section 355.
A committee of the House has no jurisdiction to determine any matter
affecting rights to a seat in a succeeding Congress. Volume VI, section
136.
(12) Power of Investigation.
Form of resolution providing for a congressional investigation. Volume
VI, section 354.
Review of decisions of the Supreme Court relative to the scope and
extent of congressional investigations. Volume VI, section 354.
Decision by the Supreme Court on the power of Congress to compel
testimony. Volume VI, section 341.
Each House of Congress has power through its own process to summon a
private individual before one of its committees to give testimony which
will enable it the more efficiently to exercise its constitutional
legislative function. Volume VI, section 342.
Congress has power to obtain information to be used as an aid in
formulating legislation, and may require witnesses to testify for that
purpose. Volume VI, section 355.
For testifying falsely before a congressional committee of
investigation a witness was certified to the district attorney and
indicted by a Federal grand jury. Volume VI, section 355.
In 1861 the two Houses, by concurrent action, assumed without question
the right to investigate the conduct of the war. Volume III, section
1728.
(13) Must be in Session during Impeachment Trials.
It was decided in 1876 that an impeachment trial could only proceed
when Congress was in session. Volume III, section 2006.
Under the parliamentary law an impeachment is not discontinued by the
dissolution of Parliament. Volume III, section 2005.
(14) Thanks of.
Persons who have by name received the thanks of Congress have the
privilege of the floor. Volume V, section 7283. Volume VIII, sections
3634, 3638.
The thanks of Congress have been bestowed in recognition of public
services since the early days of the Government. Volume V, sections
7333-7335. Volume VIII, section 3670.
For his oration in memory of Lafayette, Mr. John Quincy Adams received
the thanks of Congress. Volume V, section 7219.
The eulogists of deceased Presidents have received the thanks of
Congress. Volume V, sections 7178-7180.
The Committee on Foreign Affairs exercises general but not exclusive
jurisdiction of authorizations to receive medals or decorations from
foreign governments, extension of thanks of Congress to foreign
governments and erection of monuments in foreign lands. Volume VII,
section 1885.
(15) In General.
On the occasion of the death of George Washington, Congress requested
the people to hold public memorial meetings. Volume V, section 7181.
Form of resolution accepting from a State a statue for Statuary Hall.
Volume V, sections 7089-7099.
The Congress, by joint resolution, expressed its abhorrence of
massacres reported in a foreign nation. Volume II, section 1560.
CONGRESS--Continued.
(15) In General--Continued.
The Committee on Foreign Affairs has general jurisdiction of the
subject of international conferences and congresses. Volume IV, section
4177. Volume VIII, section 1884.
(16) Election Cases in the Various Congresses.
First: New Jersey.--The New Jersey Members. Volume I, sections 756,
757.
First: South Carolina.--William Smith. Volume I, section 420.
Second: Georgia.--Jackson v. Wayne. Volume I, sections 708, 709.
Third: Delaware.--Latimer v. Patton. Volume I, section 758.
Third: Maryland.--Gabriel Duvall. Volume I, section 565.
Third: Maryland.--Benjamin Edwards. Volume I, section 567.
Third: New York.--Van Rensselaer v. Van Allen. Volume I, section 759.
Third: Tennessee.--Kelly v. Harris. Volume I, section 734.
Third: Territory south of the Ohio.--James White. Volume I, section
400.
Third: Virginia.--Trigg v. Preston. Volume I, section 760.
Fourth: Massachusetts.--Joseph Bradley Varnum. Volume I, section 763.
Fourth: Pennsylvania.--David Bard. Volume I, section 764.
Fourth: Pennsylvania.--Morris v. Richards. Volume I, section 554.
Fourth: Vermont.--Lyon v. Smith. Volume I, section 761.
Fourth: Virginia.--Bassett v. Clopton. Volume I, section 762.
Seventh: Mississippi.--Narsworthy Hunter. Volume I, section 401.
Seventh: New York.--John P. Van Ness. Volume I, section 486.
Seventh: Territory northwest of the River Ohio.--Paul Fearing. Volume
I, section 402.
Eighth: North Carolina.--McFarland v. Purviance. Volume I, section 320.
Eighth: Pennsylvania.--John Hoge. Volume I, section 517.
Eighth: Virginia.--Moore v. Lewis. Volume I, section 765.
Ninth: Georgia.--Spaulding v. Mead. Volume I, section 637.
Tenth: Maryland.--Philip B. Key. Volume I, section 432.
Tenth: Maryland.--Philip B. Key. Volume I, section 442
Tenth: Maryland.--William McCreery, Volume I, section 414.
Tenth: North Carolina.--McFarland v. Culpepper. Volume I, section 321.
Eleventh: Indiana.--Randolph v. Jennings. Volume I, section 766.
Eleventh: Massachusetts.--Turner v. Baylies. Volume I, section 646.
Twelfth: Virginia.--Taliaferro v. Hungerford. Volume I, section 767.
Thirteenth: New York.--Williams, jr., v. Bowers. Volume I, section 647.
Thirteenth: Virginia.--Bassett v. Bayley. Volume I, section 769.
Thirteenth: Virginia.--Taliaferro v. Hungerford. Volume I, section 768.
Fourteenth: Missouri.--Easton v. Scott. Volume I, sections 772, 773.
Fourteenth: New York.--Wright, jr., v. Fisher, and Root v. Adams.
Volume I, section 650.
Fourteenth: New York.--Wiloughby v. Smith. Volume I, section 648.
Fourteenth: Virginia.--Porterfield v. McCoy. Volume I, sections 770,
771.
Fifteenth: Ohio.--Hammond v. Herrick. Volume I, section 499.
Fifteenth: North Carolina.--George Mumford. Volume I, section 497.
Fifteenth: South Carolina.--Elias Earle. Volume I, section 498.
Sixteenth: New York.--Guyon, jr., v. Sage, and Hugunin v. Ten Eyck.
Volume I, section 649.
Sixteenth: Vermont.--Mallory v. Merrill. Volume I, section 774.
Seventeenth: Arkansas.--Lyon v. Dates. Volume I, section 749.
Seventeenth: Maryland.--Reed v. Causden. Volume I, section 775.
Seventeenth: New York.--Colden v. Sharp. Volume I, section 688.
Eighteenth: Georgia.--John Forsyth. Volume I, section 433.
Eighteenth: Massachusetts.--John Bailey. Volume I, section 434.
Eighteenth: Michigan.--Biddle v. Richards. Volume I, section 421.
Eighteenth: New York.--Adams v. Wilson. Volume I, section 776.
CONGRESS--Continued.
(16) Election Cases in the Various Congresses--Continued.
Nineteenth: Michigan.--Biddle and Richard v. Wing. Volume I, section
777.
Nineteenth: New York.--Guyon, jr., v. Sage, and Hugunin v. Ten Eyck.
Volume I, section 649.
Nineteenth: Pennsylvania.--John Sergeant. Volume I, section 555.
Twenty-first: Maine.--Washburn v. Ripley. Volume I, section 779.
Twenty-first: New York.--Wright, jr., v. Fisher, and Root v. Adams.
Volume I, section 650.
Twenty-first: Tennessee.--Arnold v. Lea. Volume I, section 778.
Twenty-first: Virginia.--Loyall v. Newton. Volume I, section 780.
Twenty-second: Virginia.--Draper v. Johnson. Volume I, sections 781-
783.
Twenty-third: Kentucky.--Letcher v. Moore. Volume I, section 53.
Twenty-third: Ohio.--William Allen. Volume I, section 729.
Twenty-fourth: North Carolina.--Newland v. Graham. Volume I, sections
784-786.
Twenty-fifth: Mississippi.--Gholson, Clairbourne, Prentiss, and Ward.
Volume I, section 518.
Twenty-fifth: Wisconsin.--Doty v. Jones. Volume I, section 403.
Twenty-fifth: Wisconsin.--Doty v. Jones. Volume I, section 569.
Twenty-sixth: New Jersey.--``Broad Seal Case.'' Volume I, sections 791-
802.
Twenty-sixth: Pennsylvania.--Ingersol v. Naylor. Volume I, sections
803, 804.
Twenty-seventh: Florida.--David Levy. Volume I, sections 422, 423.
Twenty-seventh: Maine.--Joshua A. Lowell. Volume I, section 806.
Twenty-seventh: Virginia.--Smith v. Banks. Volume I, section 805.
Twenty-eighth: Florida.--Brockenbrough v. Cabell. Volume I, section
812.
Twenty-eighth: Massachusetts.--Osmyn Baker. Volume I, section 808.
Twenty-eighth: New Hampshire, Georgia, Mississippi, and Missouri
Members. Volume I, sections 309, 310.
Twenty-eighth: Virginia.--Botts v. Jones. Volume I, sections 809-811.
Twenty-eighth: Virginia.--Goggin v. Gilmer. Volume I, section 807.
Twenty-ninth: Arkansas.--Newton and Yell. Volume I, section 572.
Twenty-ninth: Arkansas.--Thomas W. Newton. Volume I, section 489.
Twenty-ninth: Illinios and Arkansas.--Edward D. Baker and Archibald
Yell. Volume I, section 488.
Twenty-ninth: New Jersey.--Farlee v. Runk. Volume I, section 813.
Thirtieth: New York.--Monroe v. Jackson. Volume I, section 814.
Thirtieth: Wisconsin.--Henry H. Sibley. Volume I, section 404.
Thirty-first: California.--Gilbert and Wright. Volume I, section 520.
Thirty-first: Deseret.--Almon W. Babbitt. Volume I, section 407.
Thirty-first: Iowa.--Miller v. Thompson. Volume I, sections 815-819.
Thirty-first: New Hampshire.--Perkins v. Morrison. Volume I, section
311.
Thirty-first: New Mexico.--Hugh N. Smith and William S. Meservey.
Volume I, sections 405, 406.
Thirty-second: Pennsylvania.--Wright v. Fuller. Volume I, sections 821,
822.
Thirty-third: New Hampshire.--Charles G. Atherton. Volume V, section
6689.
Thirty-third: New Mexico.--Lowe v. Gallegos. Volume I, section 823.
Thirty-fourth: Illinois.--Archer v. Allen. Volume I, section 824.
Thirty-fourth: Illinois.--Turney v. Marshall and Fouke v. Trumbull.
Volume I, section 415.
Thirty-fourth: Indiana.--Lane and McCarthy v. Fitch and Bright. Volume
I, sections 545, 546.
Thirty-fourth: Iowa.--Clark v. Hall. Volume I, section 832.
Thirty-fourth: Iowa--James Harlan. Volume I, section 844.
Thirty-fourth: Kansas.--Reeder v. Whitfield. Volume I, sections 825-
827.
CONGRESS--Continued.
(16) Election Cases in the Various Congresses--Continued.
Thirty-fourth: Maine.--Milliken v. Fuller. Volume I, section 828.
Thirty-fourth: Nebraska.--Bennett v. Chapman. Volume I, section 829.
Thirty-fourth: New Mexico.--Otero v. Gallegos. Volume I, sections 830,
831.
Thirty-fifth: Dakota.--Fuller v. Kingsbury. Volume I, sections 408,
409.
Thirty-fifth: Indiana.--Lane and McCarthy v. Fitch and Bright, Volume
I, sections 545, 546.
Thirty-fifth: Maryland.--Brooks v. Davis. Volume I, section 833.
Thirty-fifth: Maryland.--Whyte v. Harris. Volume I, section 324.
Thirty-fifth: Minnesota.--Phelps, Cavanaugh, and Becker. Volume I,
section 519.
Thirty-fifth: Minnesota.--James Shields. Volume I, section 399.
Thirty-fifth: Nebraska.--Chapman v. Ferguson. Volume I, section 834.
Thirty-fifth: Ohio.--Vallandigham v. Campbell. Volume I, section 726.
Thirty-fifth: Ohio.--Vallandigham v. Campbell. Volume I, section 835.
Thirty-fifth: Pennsylvania.--Little v. Robbins, Volume I, section 820.
Thirty-sixth: Kentucky.--Chrisman v. Anderson. Volume I, section 538.
Thirty-sixth: Maryland.--Harrison v. Davis. Volume I, section 325.
Thirty-sixth: Maryland.--Preston v. Harris. Volume II, section 845.
Thirty-sixth: Michigan.--Howard v. Cooper. Volume I, section 837.
Thirty-sixth: Missouri.--Blair v. Barrett. Volume I, sections 841-843.
Thirty-sixth: Nebraska.--Daily v. Estabrook. Volume I, sections 839-
840.
Thirty-sixth: New York.--Williamson v. Sickles. Volume I, sections 597,
598,
Thirty-seventh: California.--F. F. Lowe. Volume I, section 314.
Thirty-seventh: Iowa.--Byington v. Vandever. Volume I, section 490.
Thirty-seventh: Kansas.--Stanton v. Lane. Volume I, section 491.
Thirty-seventh: Louisiana.--Flanders and Hahn. Volume I, section 379.
Thirty-seventh: Nebraska.--Morton v. Daily. Volume I, sections 615-619.
Thirty-seventh: Nebraska.--Morton v. Daily. Volume I, section 687.
Thirty-seventh: North Carolina.--Charles Henry Foster. Volume I,
section 362.
Thirty-seventh: North Carolina.--Jennings Pigott. Volume I, section
369.
Thirty-seventh: Oregon.--Sheil v. Thayer. Volume I, sections 613, 846.
Thirty-seventh: Pennsylvania.--Butler v. Lehman. Volume I, section 847.
Thirty-seventh: Pennsylvania.--Kline v. Verre. Volume I, section 727.
Thirty-seventh: Pennsylvania.--Kline v. Verre. Volume II, section 848.
Thirty-seventh: Tennessee.--Andrew J. Clements. Volume I, section 365.
Thirty-seventh: Tennessee.--Alvin Hawkins. Volume I, section 373.
Thirty-seventh: Tennessee.--John B. Rodgers. Volume I, sections 370.
Thirty-seventh: Virginia.--Beach v. Upton. Volume I, section 686.
Thirty-seventh: Virginia.--Samuel F. Beach. Volume I, section 367.
Thirty-seventh: Virginia.--Christopher L. Grafflin. Volume I, section
371.
Thirty-seventh: Virginia.--Joseph Segar. Volume I, sections 363, 364.
Thirty-seventh: Virginia.--Lewis McKenzie. Volume I, section 372.
Thirty-seventh: Virginia.--Charles H. Upton. Volume I, sections 366.
Thirty-seventh: Virginia.--Willey and Carlile. Volume I, section 383.
Thirty-seventh: Virginia.--Wing v. McCloud. Volume I, section 368.
Thirty-eighth: Arkansas.--Fishback and Baxter. Volume I, section 382.
Thirty-eighth: Arkansas.--Johnson, Jacks, and Rogers. Volume I,
sections 380.
Thirty-eighth: Dakota.--Jayne and Todd. Volume I, section 619.
Thirty-eighth: Dakota--Todd v. Jayne. Volume II, sections 852, 853.
Thirty-eighth: Kentucky.--Henry v. Yeaman. Volume I, section 378.
Thirty-eighth: Louisiana.--Bonango, Field, Mann, Wells, and Taliaferro.
Volume I, section 381.
Thirty-eighth: Louisiana.--Cutler and Smith. Volume I, section 385.
CONGRESS--Continued.
(16) Election Cases in the Various Congresses--Continued.
Thirty-eighth: Louisiana--A. P. Fields. Volume I, section 376.
Thirty-eighth: Massachusetts.--Sleeper v. Rice. Volume II, section 849.
Thirty-eighth: Missouri.--Bruce v. Loan, Birch v. King, and Price v.
McClurg. Volume I, section 377.
Thirty-eighth: Missouri.--Knox v. Blair. Volume I, section 716.
Thirty-eighth: Missouri.--Knox v. Blair. Volume II, sections 850, 851.
Thirty-eighth: Missouri.--Lindsay v. Scott. Volume II, section 854.
Thirty-eighth: Pennsylvania.--Carrigan v. Thayer. Volume I, section
712.
Thirty-eighth: Pennsylvania.--Kline v. Myers. Volume I, section 723.
Thirty-eighth: Virginia.--Chandler and Segar. Volume I, section 375.
Thirty-eighth: Virginia.--Segar and Underwood. Volume I, sections 384.
Thirty-eighth: Virginia.--McKenzie v. Kitchen. Volume I, section 374.
Thirty-ninth: Indiana.--Washburn v. Voorhees. Volume II, sections 857,
858.
Thirty-ninth: Michigan.--Baldwin v. Trowbridge. Volume II, section 856.
Thirty-ninth: Missouri.--Boyd v. Kelso. Volume II, section 855.
Thirty-ninth: New Jersey.--John P. Stockton. Volume II, section 877.
Thirty-ninth: New York.--Dodge v. Brooks. Volume II, sections 859-861.
Thirty-ninth: Ohio.--Follett v. Delano. Volume II, sections 862, 863.
Thirty-ninth: Pennsylvania.--Koontz v. Coffroth and Fuller v. Dawson.
Volume I, sections 556-558.
Thirty-ninth: Tennessee.--Thomas v. Arnell. Volume I, section 680.
Fortieth: Arkansas.--Jones and Garland v. McDonald and Rice. Volume I,
section 389.
Fortieth: Colorado.--Hunt and Chilcott. Volume I, section 599.
Fortieth: Florida.--Marion v. Osborn. Volume I, section 390.
Fortieth: Georgia.--Whitely and Farrar v. Hill and Miller. Volume I,
section 391.
Fortieth: Georgia.--Wimpy and Christy. Volume I, section 459.
Fortieth: Kentucky.--Blakey v. Golladay. Volume I, section 322.
Fortieth: Kentucky.--McKee v. Young. Volume I, section 451.
Fortieth: Kentucky.--Members. Volume I, section 448.
Fortieth: Kentucky.--Smith v. Brown. Volume I, sections 449, 450.
Fortieth: Kentucky.--Symes v. Trimble. Volume I, section 452.
Fortieth: Louisiana.--Jones v. Mann and Hunt v. Menard. Volume I,
sections 326, 327.
Fortieth: Maryland.--Stewart v. Phelps. Volume I, section 739.
Fortieth: Missouri.--Birch v. Van Horn. Volume II, sections 869, 870.
Fortieth: Missouri.--Hogan v. Pile. Volume II, sections 871, 872.
Fortieth: Missouri.--Switzler v. Anderson. Volume II, sections 867,
868.
Fortieth: New Mexico.--Chaver v. Clever. Volume I, sections 541-542.
Fortieth: Ohio.--Delano v. Morgan. Volume II, sections 864-866.
Fortieth: Tennessee.--Roderick R. Butler. Volume I, section 455.
Fortieth: Tennessee.--Thomas A. Hamilton. Volume I, section 315.
Fortieth: Utah.--McGrorty v. Hooper. Volume I, section 467.
Fortieth: Wyoming.--J. S. Casement. Volume I, section 410.
Forty-first: Florida.--Hart v. Gilbert. Volume I, section 392.
Forty-first: Georgia.--Members. Volume I, section 388.
Forty-first: Georgia.--Whiteley and Farrow v. Hill and Miller. Volume
I, section 391.
Forty-first: Indiana.--Reed v. Julian. Volume II, sections 881, 882.
Forty-first: Kentucky.--Barnes v. Adams. Volume II, sections 879, 880.
Forty-first: Kentucky.--Zigler v. Rice. Volume I, section 460.
Forty-first: Louisiana.--Hunt v. Sheldon, Sypher v. St. Martin, Kennedy
and Morey v. McCraine, Newsham v. Ryan, and Darrall v. Bailey. Volume
I, sections 328-336.
Forty-first: Missouri.--Shields v. Van Horne. Volume II, section 883.
CONGRESS--Continued.
(16) Election Cases in the Various Congresses--Continued.
Forty-first: Missouri--Switzler v. Dyer. Volume II, section 873.
Forty-first: New York.--Van Wyck v. Green. Volume II, section 875.
Forty-first: North Carolina.--Boyden v. Shober. Volume I, section 456.
Forty-first: Pennsylvania.--Covode v. Foster. Volume I, sections 559-
562.
Forty-first: Pennsylvania.--Myers v. Moffet. Volume II, section 874.
Forty-first: Pennsylvania.--Taylor v. Reading. Volume II, section 876.
Forty-first: South Carolina.--Hoge and Reed and Wallace v. Simpson.
Volume I, sections 620-622.
Forty-first: Tennessee.--John B. Roders. Volume I, section 317.
Forty-first: Tennessee.--Sheafe v. Tillman. Volume II, section 884.
Forty-first: Texas.--Grafton v. Connor. Volume I, section 465.
Forty-first: Virginia.--Joseph Segar. Volume I, section 318.
Forty-first: Virginia.--Tucker v. Booker. Volume I, section 461.
Forty-first: Virginia.--Whittlesey v. McKenzie. Volume I, section 462.
Forty-second: Alabama.--Norris v. Handley. Volume II, section 887.
Forty-second: Alabama-Georgia.--Goldthwaite, Blodgett, and Norwood.
Volume I, sections 393, 394.
Forty-second: Arkansas.--Boles v. Edwards. Volume I, sections 605-608.
Forty-second: Dakota.--Burleigh and Spink v. Armstrong. Volume II,
section 889.
Forty-second: Florida.--Niblack v. Walls. Volume II, sections 890, 891.
Forty-second: Indiana.--Gooding v. Wilson. Volume II, section 888.
Forty-second: Kansas.--Alexander Caldwell. Volume II, section 1279.
Forty-second: Kansas.--Pomeroy. Volume I, section 689.
Forty-second: Louisiana.--Ray and McMillen. Volume I, sections 345,
346.
Forty-second: Missouri.--Lewis v. Bogy. Volume I, section 696.
Forty-second: Pennsylvania.--Cessna v. Myers. Volume II, sections 885,
886.
Forty-second: South Carolina.--Bowen v. De Large. Volume I, section
505.
Forty-second: South Carolina.--McKissick v. Wallace. Volume I, section
651.
Forty-second: Tennessee.--Members. Volume I, section 521.
Forty-second: Texas.--Giddings v. Clarke. Volume I, sections 601-604.
Forty-second: Texas.--Reynolds v. Hamilton. Volume I, section 395.
Forty-second: Texas.--Whitmore v. Herndon. Volume I, section 600.
Forty-second: Virginia.--McKenzie v. Braxton. Volume I, sections 639,
640.
Forty-third: Alabama.--Sykes v. Spencer. Volume I, sections 342-344.
Forty-third: Arkansas.--Bell v. Snyder. Volume II, section 900.
Forty-third: Arkansas.--Bradley v. Hynes. Volume II, section 901.
Forty-third: Arkansas.--Gause v. Hodges. Volume II, sections 892-894.
Forty-third: Arkansas.--Gunter v. Wilshire. Volume I, section 37.
Forty-third: Georgia.--Sloan v. Rawls. Volume II, sections 895-897.
Forty-third: Kentucky.--Burns v. Young. Volume II, section 899.
Forty-third: Louisiana.--Pinchback, McMillan, Marr, and Eutis. Volume
I, sections 347-353.
Forty-third: Louisiana.--Shanks v. Neff. Volume I, section 609.
Forty-third: Louisiana.--Sheridan v. Pinchback and Lawrence v. Sypher.
Volume I, sections 623-626.
Forty-third: Ohio.--Eggleston v. Strader. Volume II, section 878.
Forty-third: Utah.--Maxwell v. Cannon. Volume I, sections 468-470.
Forty-third: Virigina.--Thomas v. Davis. Volume II, section 898.
Forty-third: Virginia.--Members. Volume I, section 522.
Forty-fourth: Alabama.--Bromberg v. Haralson. Volume II, sections 905-
907.
Forty-fourth: Florida.--Finley v. Walls. Volume II, sections 902-904.
CONGRESS--Continued.
(16) Election Cases in the Various Congresses--Continued.
Forty-fourth: Illinois.--Le Moyne v. Farwell. Volume II, sections 908-
910.
Forty-fourth: Louisiana.--Breaux v. Darall. Volume II, section 919.
Forty-fourth: Louisiana.--Pinchback, McMillan, Marr, and Eustis. Volume
I, sections 347-353.
Forty-fourth: Louisiana.--Spencer v. Morey. Volume II, sections 913,
914.
Forty-fourth: Massachusetts.--Abbott v. Frost. Volume II, sections 916-
918.
Forty-fourth: Minnesota.--Cox v. Strait. Volume II, sections 911, 912.
Forty-fourth: Pennsylvania.--Simon Cameron. Volume I, section 688.
Forty-fourth: South Carolina.--Buttz v. Mackey. Volume II, section 920.
Forty-fourth: South Carolina.--Lee v. Rainey. Volume I, section 641.
Forty-fourth: Virginia.--Platt v. Goode. Volume II, sections 921-923.
Forty-fifth: Alabama.--John J. Morgan. Volume I, section 359.
Forty-fifth: California.--Wigginton v. Pacheco. Volume II, sections
927-930.
Forty-fifth: Colorado.--Patterson and Belford. Volume I, sections 523,
524.
Forty-fifth: Florida.--Finley v. Bisbee. Volume II, sections 932-934.
Forty-fifth: Louisiana.--Acklen v. Darrall. Volume II, section 924.
Forty-fifth: Louisiana.--Pinchback, McMillan, Marr, and Eustis. Volume
I, sections 347-353.
Forty-fifth: Louisiana.--Kellogg, Spofford, and Manning. Volume I,
sections 354-357.
Forty-fifth: Massachusetts.--Dean v. Field. Volume II, section 931.
Forty-fifth: Mississippi.--L. Q. C. Lamar. Volume I, section 359.
Forty-fifth: Missouri.--Frost v. Metcalfe. Volume II, section 935.
Forty-fifth: Oregon.--Lafayette Grover. Volume I, section 552.
Forty-fifth: South Carolina.--Corbin v. Butler. Volume I, sections 628-
631.
Forty-fifth: South Carolina.--Richardson v. Rainey. Volume II, section
925.
Forty-fifth: South Carolina.--Tillman v. Smalls. Volume II, section
926.
Forty-sixth: Arkansas.--Bradley v. Slemonds. Volume II, sections 936-
938.
Forty-sixth: Florida.--Bisbee v. Hull. Volume I, section 57.
Forty-sixth: Florida.--Bisbee v. Hull. Volume II, section 952.
Forty-sixth: Indiana.--McCabe v. Orth. Volume I section 752.
Forty-sixth: Iowa.--Holmes, Wilson, Sapp, and Carpenter. Volume I,
section 525.
Forty-sixth: Kansas.--John J. Ingalls. Volume I, section 960.
Forty-sixth: Louisiana.--Merchant and Herbert v. Acklen Volume I,
section 751.
Forty-sixth: Louisiana.--Spofford and Manning. Volume I, sections 354-
357.
Forty-sixth: Massachusetts.--Boynton v. Loring. Volume II, sections
949-951.
Forty-sixth: Minnesota.--Donnelly v. Washburn. Volume II. sections 945-
948.
Forty-sixth: New York.--Duffy v. Mason. Volume II, sections 942-944.
Forty-sixth: North Carolina.--O'Hara v. Kitchen. Volume I, section 730.
Forty-sixth: North Carolina.--Yates v. Martin. Volume II, sections 953-
954.
Forty-sixth: Pennsylvania.--Curtin v. Yocum. Volume II, sections 939-
941.
Forty-seventh: Alabama.--Jones v. Shelley. Volume I, section 714.
Forty-seventh: Alabama.--Lowe v. Wheeler. Volume II, sections 961-964.
Forty-seventh: Alabama.--Mabson v. Oates. Volume I, section 725.
Forty-seventh: Alabama.--Smith v. Shelly, Volume II, section 965.
Forty-seventh: Alabama.--Strobach v. Herbert. Volume II, sections 966,
967.
Forty-seventh: Florida.--Bisbee, jr., v, Finley. Volume II, sections
977-981.
Forty-seventh: Florida.--Witherspoon v. Davidson. Volume I, section
753.
Forty-seventh: Iowa.--Cook v. Cutts. Volume II, sections 956-958.
Forty-seventh: Louisiana.--Smith v. Robertson. Volume I, section 750.
Forty-seventh: Maine.--Anderson v. Reed. Volume II, section 971.
Forty-seventh: Mississippi.--Buchanan v. Manning. Volume II, sections
972-974.
Forty-seventh: Mississippi.--Lynch v. Chalmers. Volume II, sections
959, 960.
CONGRESS--Continued.
(16) Election Cases in the Various Congresses--Continued.
Forty-seventh: Missouri.--Sessinghaus v. Frost. Volume II, sections
975, 976.
Forty-seventh: Missouri.--James H. McLean. Volume I, section 553.
Forty-seventh: New York.--Lapham and Miller. Volume II, section 955.
Forty-seventh: South Carolina.--Samuel Dibble. Volume I, section 571.
Forty-seventh: South Carolina.--Lee v. Richardson. Volume II, sections
982, 983.
Forty-seventh: South Carolina.--Mackey v. O'Connor. Volume I, sections
735, 736.
Forty-seventh: South Carolina.--Smalls v. Tillman. Volume II, sections
968-970.
Forty-seventh: South Carolina.--Stolbrand v. Aiken. Volume I, section
719.
Forty-seventh: Utah.--Campbell v. Cannon. Volume I, sections 471-473.
Forty-seventh: Virginia.--Bayley v. Barbour. Volume I, section 435.
Forty-seventh: Virginia.--Stovell v. Cabell. Volume I, section 681.
Forty-eighth: Alabama.--Craig v. Shelley. Volume II, section 995.
Forty-eighth: Indiana.--English v. Peelle. Volume II, section 990.
Forty-eighth: Iowa.--Frederick v. Wilson. Volume II, sections 997-999.
Forty-eighth: Kansas.--Wood v. Peters. Volume I, section 417.
Forty-eighth: Mississippi.--Chalmers v. Manning. Volume I, section 44.
Forty-eighth: Missouri.--McLean v. Broadhead. Volume II, section 996.
Forty-eighth: New Mexico.--Manzanares v. Luna. Volume II, section 984.
Forty-eighth: North Carolina.--Joseph C. Abbott. Volume I, section 463.
Forty-eighth: North Carolina.--Pool v. Skinner. Volume I, section 312.
Forty-eighth: Ohio.--Campbell v. Morey. Volume II, sections 991, 992.
Forty-eighth: Ohio.--Wallace v. McKinley. Volume II, sections 986-989.
Forty-eighth: Virginia.--Garrison v. Mayo. Volume I, section 537.
Forty-eighth: Virginia.--Massey v. Wise. Volume II, section 993.
Forty-eighth: Virginia.--O'Ferrall v. Paul. Volume II, section 985.
Forty-ninth: California.--Members. Volume I, section 645.
Forty-ninth: Indiana.--Kidd v. Steele. Volume II, section 1005.
Forty-ninth: Iowa.--Campbell v. Weaver. Volume II, section 1002.
Forty-ninth: Ohio.--Henry B. Payne. Volume I, section 691.
Forty-ninth: Ohio.--Hurd v. Romeis. Volume II, sections 1000, 1001.
Forty-ninth: Rhode Island.--Page v. Pirce. Volume II, sections 1003,
1004.
Fiftieth: Alabama.--McDuffie v. Davidson. Volume II, sections 1007,
1008.
Fiftieth: California.--Lynch v. Vandever. Volume II, section 1012.
Fiftieth: California.--Sullivan v. Felton. Volume II, sections 1016,
1017.
Fiftieth: Cimarron.--Owen G. Chase. Volume I, section 412.
Fiftieth: Illinois.--Worthington v. Post. Volume II, sections 1009,
1010.
Fiftieth: Indiana.--David Turpie. Volume I, section 551.
Fiftieth: Indiana.--Lowry v. White. Volume I, sections 424, 425.
Fiftieth: Kentucky.--Thobe v. Carlisle. Volume II, section 1006.
Fiftieth: Missouri.--Frank v. Glober. Volume II, section 1011.
Fiftieth: South Carolina.--Smalls v. Elliott. Volume II, sections 1013-
1015.
Fiftieth: West Virginia.--Lucas v. Faulkner. Volume I, section 632.
Fifty-first: Alabama.--Threet v. Clark. Volume II, section 1025.
Fifty-first: Alabama.--McDuffie v. Turpin. Volume II, sections 1030,
1031.
Fifty-first: Arkansas.--Clayton v. Breckinridge. Volume II, sections
1018, 1019.
Fifty-first: Arkansas.--Featherstone v. Cate. Volume II, sections 1022-
1024.
Fifty-first: Florida.--Goodrich v. Bullock. Volume II, sections 1037,
1038.
Fifty-first: Idaho.--Shoup and McConnell. Volume I, section 573.
Fifty-first: Indiana.--Posey v. Parrett. Volume II, section 1029.
Fifty-first: Maryland.--Mudd v. Compton. Volume I, sections 577-580.
CONGRESS--Continued.
(16) Election Cases in the Various Congresses--Continued.
Fifty-first: Mississippi.--Chalmers v. Morgan. Volume II, section 1035.
Fifty-first: Mississippi.--Hill v. Catchings. Volume II, section 1039.
Fifty-first: Mississippi.--Kernaghan v. Hooker. Volume II, section
1040.
Fifty-first: Montana.--Sanders, Power, Clark, and Maginnis. Volume I,
section 358.
Fifty-first: South Carolina.--Miller v. Elliott. Volume II, section
1034.
Fifty-first: Virginia.--Bowen v. Buchanan. Volume II, sections 1027,
1028.
Fifty-first: Virginia.--Langston v. Venable. Volume II, sections 1032,
1033.
Fifty-first: Virginia.--Waddill, jr., v. Wise. Volume II, section 1026.
Fifty-first: West Virginia.--Atkinson v. Pendleton.Volume II, sections
1020, 1021.
Fifty-first: West Virginia.--McGinnis v. Alderson. Volume II, section
1036.
Fifty-first: West Virginia.--Smith v. Jackson. Volume I, sections 581-
588.
Fifty-second: Alabama.--McDuffie v. Turpin. Volume II, section 1043.
Fifty-second: Florida.--Davidson v. Call. Volume II, section 1060.
Fifty-second: Idaho.--Clagett v. Dubois. Volume II, section 1061.
Fifty-second: Michigan.--Belknap v. Richardson. Volume II, section
1042.
Fifty-second: New York.--Noyes v. Rockwell. Volume I, sections 574-576.
Fifty-second: Pennsylvania.--Craig v. Stewart. Volume II, section 1041.
Fifty-second: Pennsylvania.--Greevy v. Scull. Volume II, section 1044.
Fifty-second: Pennsylvania.--Reynolds v. Shoup. Volume I, section 682.
Fifty-second: South Carolina.--Miller v. Elliott. Volume II, section
1045.
Fifty-second: Texas.--Horace Chilton. Volume II, section 1228.
Fifty-third: Alabama.--Whatley v. Cobb. Volume II, section 1046.
Fifty-third: California.--English v. Hilborn. Volume II, section 1050.
Fifty-third: Georgia.--Watson v. Black. Volume II, sections 1054, 1055.
Fifty-third: Illinois.--Steward v. Childs. Volume II, section 1056.
Fifty-third: Kansas.--Ady v. Martin. Volume II, section 1059.
Fifty-third: Kansas.--Moore v. Thurston. Volume II, sections 1052,
1053.
Fifty-third: Michigan.--Balknap v. Richardson. Volume I, section 56.
Fifty-third: Missouri.--O'Neill v. Joy. Volume II, section 1047.
Fifty-third: North Carolina.--Williams v. Settle. Volume II, sections
1048, 1049.
Fifty-third: Tennessee.--Thrasher v. Enloe. Volume II, section 1051.
Fifty-third: Virginia.--Goode v. Epes. Volume II, sections 1057, 1058.
Fifty-fourth: Alabama.--Aldrich v. Robbins. Volume II, sections 1064,
1065.
Fifty-fourth: Alabama.--Aldrich v. Underwood. Volume II, sections 1091-
1094.
Fifty-fourth: Alabama.--Goodwyn v. Cobb. Volume I, sections 720, 721.
Fifty-fourth: Alabama.--Robinson v. Harrison. Volume II, section 1068.
Fifty-fourth: Colorado.--Pearce v. Bell. Volume II, section 1073.
Fifty-fourth: Delaware.--Addicks v. Kenney. Volume I, section 633.
Fifty-fourth: Delaware.--Henry A. du Pont. Volume I, sections 563, 564.
Fifty-fourth: Georgia.--Felton v. Maddox. Volume II, sections 1084,
1085.
Fifty-fourth: Georgia.--Watson v. Black. Volume II, section 1096.
Fifty-fourth: Illinois.--Belknap v. McGann. Volume I, section 744.
Fifty-fourth: Illinois.--Rinaker v. Downing. Volume II, sections 1069,
1070.
Fifty-fourth: Kentucky.--Denny, jr., v. Owens. Volume II, sections
1087, 1088.
Fifty-fourth: Kentucky.--Hopkins v. Kendall. Volume II, section 1095.
Fifty-fourth: Louisiana.--Beattie v. Price. Volume I, section 341.
Fifty-fourth: Louisiana.--Benoit v. Boatner. Volume I, sections 337-
340.
Fifty-fourth: Louisiana.--Coleman v. Buck. Volume II, section 1082.
Fifty-fourth: Maryland.--Booze v. Rusk. Volume II, section 1067.
Fifty-fourth: Mississippi.--Newman v. Spencer, Ratcliff v. Williams,
and Brown v. Allen. Volume I, section 754.
Fifty-fourth: Missouri.--Van Horn v. Tarsney. Volume II, section 1062.
CONGRESS--Continued.
(16) Election Cases in the Various Congresses--Continued.
Fifty-fourth: New York.--Campbell v. Miner. Volume II, section 1063.
Fifty-fourth: New York.--Cheeseborough v. McClellan. Volume I, section
743.
Fifty-fourth: New York.--Mitchell v. Walsh. Volume II, section 1086.
Fifty-fourth: North Carolina.--Cheatham v. Woodard. Volume II, section
1083.
Fifty-fourth: North Carolina.--Martin v. Lockhart. Volume II, sections
1089, 1090.
Fifty-fourth: North Carolina.--Thompson v. Shaw. Volume II, section
1081.
Fifty-fourth: South Carolina.--Murray v. Elliott. Volume II, section
1074.
Fifty-fourth: South Carolina.--Mooman v. Latimer. Volume II, section
1066.
Fifty-fourth: South Carolina.--Wilson v. McLaurin. Volume II, section
1075.
Fifty-fourth: Texas.--Davis v. Culberson. Volume I, section 755.
Fifty-fourth: Texas.--Kearby v. Abbott. Volume II, section 1076.
Fifty-fourth: Texas.--Rosenthal v. Crowley. Volume I, section 684.
Fifty-fourth: Virginia.--Hoge v. Otey. Volume I, section 724.
Fifty-fourth: Virginia.--McDonald v. Jones. Volume I, section 436.
Fifty-fourth: Virginia.--Thorp v. McKenney. Volume II, section 1072.
Fifty-fourth: Virginia.--Yost v. Tucker. Volume II, sections 1077-1080.
Fifty-fourth: Virginia.--Cornet v. Swanson. Volume II, section 1071.
Fifty-fifth: Alabama.--Aldrich v. Plowman. Volume II, section 1097.
Fifty-fifth: Alabama.--Clark v. Stallings. Volume I, section 747.
Fifty-fifth: Alabama.--Comer v. Clayton. Volume I, section 745.
Fifty-fifth: Alabama.--Crowe v. Underwood. Volume II, section 1101.
Fifty-fifth: Delaware.--Willis v. Handy. Volume I, section 748.
Fifty-fifth: Kentucky.--Hunter v. Rhea. Volume I, section 746.
Fifty-fifth: Lousiana.--Gazin and Romain v. Meyer. Volume II, section
1110.
Fifth-fifth: New York.--Fairchild v. Ward. Volume II, section 1106.
Fifth-fifth: New York.--Ryan v. Brewster. Volume II, section 1107.
Fifty-fifth: Oregon.--Vanderburg v. Tongue. Volume II, section 1100.
Fifth-fifth: Pennsylvania.--Hudson v. McAleer. Volume I, section 722.
Fifth-fifth: Tennessee.--Patterson v. Carmack. Volume II, sections
1104, 1105.
Fifth-fifth: Virginia.--Brown v. Swanson. Volume II, sections 1108,
1109.
Fifth-fifth: Virginia.--Thorp v. Epes. Volume II, sections 1098, 1099.
Fifth-fifth: Virginia.--Wise v. Young. Volume II, sections 1102, 1103.
Fifth-sixth: Alabama.--Aldrich v. Robbins. Volume II, sections 1115,
1116.
Fifty-sixth: Hawaii.--Wilcox. Volume I, section 526.
Fifty-sixth: Kentucky.--Davidson v. Gilbert. Volume I, section 313.
Fifty-sixth: Kentucky.--Evans v. Turner. Volume II, section 1114.
Fifty-sixth: Kentucky.--White v. Boreing. Volume II, section 1117.
Fifty-sixth: Montana.--William A. Clark. Volume I, sections 692-695.
Fifty-sixth: North Carolina.--Pearson v. Crawford. Volume II, sections
1112, 1113.
Fifty-sixth: Ohio.--Marcus A. Hanna (footnote). Volume I, section 691.
Fifty-sixth: Utah.--Brighman H. Roberts. Volume I, sections 474-480.
Fifty-sixth: Virginia.--Walker v. Rhea. Volume II, section 1118.
Fifty-sixth: Virginia.--Wise v. Young. Volume II, section 1111.
Fifth-seventh: Alabama.--Spears v. Burnett. Volume II, section 1119.
Fifty-seventh: Kentucky.--Moss v. Rhea. Volume II, sections 1120, 1121.
Fifty-seventh: Missouri.--Horton v. Butler. Volume II, sections 1122,
1123.
Fifty-seventh: Missouri.--Wagoner v. Butler. Volume I, section 713.
Fifty-seventh: Missouri.--Wagoner v. Butler. Volume II, section 1128.
Fifth-seventh: North Carolina.--Fowler v. Thomas. Volume II, section
1124.
Fifth-seventh: Ohio.--Lenz v. Tompkins. Volume II, section 1125.
Fifth-seventh: South Carolina.--Johnston v. Stokes. Volume II, section
1126.
Fifth-seventh: Virgina.--Walker v. Rhea. Volume I, section 737.
Fifth-seventh: Virginia.--Wilson v. Lassiter. Volume II, section 1127.
CONGRESS--Continued.
(16) Election Cases in the Various Congresses--Continued.
Fifth-eighth: California.--Kahn v. Livernash. Volume I, section 731.
Fifth-eighth: Colorado.--Bonynge v. Shafroth. Volume I, section 742.
Fifth-eighth: Illinois.--Durborow v. Lorimer. Volume I, section 740.
Fifth-eighth: Kentucky.--Edwards v. Hunter and White v. Hunter. Volume
I, section 741.
Fifth-eighth: Massachusetts.--Conry v. Keliher. Volume I, section 1129.
Fifth-eighth: Missouri.--Reynolds v. Butler. Volume I, section 685.
Fifth-eighth: North Carolina.--Moody v. Gudger. Volume I, section 738.
Fifth-eighth: Oklahoma.--Cross v. McGuire. Volume I, section 732.
Fifth-eighth: Pennsylvania.--Connell v. Howell. Volume II, sections
1130, 1131.
Fifth-eighth: South Carolina.--Dantzler v. Lever. Volume II, section
1134.
Fifth-eighth: Tennessee.--Davis v. Sims. Volume II, sections 1132,
1133.
Fifth-eighth: Utah.--Reed Smoot. Volume I, sections 481-483.
Fifth-ninth: Hawaii.--Iaukea v. Kalanianiaole. Volume I, section 527.
Fifth-ninth: Illinois.--Anthony Michalek. Volume I, sections 426, 427.
Fifth-ninth: Indiana.--James A. Hemenway. Volume I, section 1229.
Fifth-ninth: Maryland.--Jackson v. Smith. Volume I, section 711.
Fifth-ninth: Missouri.--Coudrey v. Wood. Volume I, section 715.
Fifth-ninth: South Carolina.--Jacobs v. Lever, Meyers v. Patterson, and
Pioleau v. Legare. Volume II, section 1135.
Fifth-ninth: Texas.--Houston v. Broocks. Volume I, sections 643, 644.
Sixtieth: Illinois.--Kunz v. McGavin. Volume IV, section 118.
Sixtieth: Illinois.--Michalek v. Sabath. Volume IV, section 121.
Sixtieth: Louisiana.--Warmoth v. Estopinal. Volume VI, section 119.
Sixtieth: Maryland.--Senate case of John W. Smith. Volume VI, section
88.
Sixtieth: New Mexico.--Larrazola v. Andrews. Volume VI, sections 123-
125.
Sixtieth: South Carolina.--Dantzler v. Lever, Prioleau v. Legare, and
Myers v. Patterson. Volume VI, section 122.
Sixty-first: Illinois.--Senate case of William Lorimer. Volume VI,
section 104, 105, 106.
Sixty-first: Iowa.--Hepburn v. Jamieson. Volume VI, section 120.
Sixty-first: Louisiana.--Warmoth v. Estopinal. Volume VI, section 127.
Sixty-first: Massachusetts.--Galvin v. O'Connell. Volume VI, section
126.
Sixty-first: North Carolina.--Smith v. Webb. Volume VI, section 97.
Sixty-first: South Carolina.--Richardson v. Lever, Prioleau v. Legare,
and Myers v. Patterson. Volume VI, section 128.
Sixty-first: Tennessee.--Smith v. Massey. Volume VI, section 101.
Sixty-first: Virginia.--Parsons v. Saunders. Volume VI, section 53.
Sixty-second: Connecticut.--Jodoin v. Higgins. Volume VI, section 90.
Sixty-second: Delaware.--Senate election case of Henry A. du Pont.
Volume VI, section 129.
Sixty-second: Illinois.--Crowley v. Wilson. Volume VI, section 132.
Sixty-second: Illinois.--Senate case of William Lorimer. Volume VI,
section 107, 108, 109.
Sixty-second: Iowa.--Murphy v. Haugen. Volume VI, section 133.
Sixty-second: Missouri.--Case of Gill v. Catlin. Volume VI, section 79,
80.
Sixty-second: Missouri.--Kinney v. Dyer. Volume VI, section 135.
Sixty-second: Missouri.--Maurer v. Bartholdt. Volume VI, section 131.
Sixty-second: Pennsylvania.--Bonniwell v. Butler. Volume VI, sections
136, 137.
Sixty-second: Pennsylvania.--Hawkins v. McCreary. Volume VI, section
111.
Sixty-second: Pennsylvania.--McLean v. Bowman. Volume VI, section 98.
Sixty-second: Pennsylvania.--Wise v. Crago. Volume VI, section 99.
Sixty-second: South Carolina.--Prioleau v. Legare. Volume VI, section
130.
Sixty-second: West Virginia.--Senate election case of Clarence W.
Watson and William E. Chilton. Volume VI, section 87.
Sixty-second: West Virginia.--Wiley v. Hughes. Volume VI, section 134.
CONGRESS--Continued.
(16) Election Cases in the Various Congresses--Continued.
Sixty-second: Wisconsin.--Senate election case of Isaac Stephenson.
Volume VI, sections 83-85.
Sixty-third: Michigan.--Carney v. Smith. Volume VI, sections 91, 92.
Sixty-third: Michigan.--MacDonald v. Young. Volume VI, sections 93, 94.
Sixty-third: Missouri.--Gill v. Dyer. Volume VI, sections 138, 139.
Sixty-third: South Carolina.--Case against Richard S. Whaley. Volume
VI, sections 77, 78.
Sixty-fourth: Connecticut.--Donovan v. Hill. Volume VI, section 140.
Sixty-fourth: Illinois.--Davis v. Williams. Volume VI, section 112.
Sixty-fourth: Massachusetts.--Horgan v. Tinkham. Volume VI, section
141.
Sixty-fourth: New York.--Brown v. Hicks. Volume VI, section 143.
Sixty-fourth: New York.--Cantor v. Siegel. Volume VI, section 102.
Sixty-fourth: South Carolina.--Prioleau v. Whaley. Volume VI, section
142.
Sixty-fourth: Wisconsin.--Gaylord v. Cary. Volume VI, section 81.
Sixty-fifth: Alaska.--Wickersham v. Sulzer. Volume VI, sections 147,
148.
Sixty-fifth: Iowa.--Steele v. Scott. Volume VI, section 146.
Sixty-fifth: Michigan.--Beakes v. Bacon. Volume VI, section 144.
Sixty-fifth: New York.--Gerling v. Dunn. Volume VI, section 150.
Sixty-fifth: North Carolina.--Britt v. Weaver. Volume VI, section 95.
Sixty-fifth: Oklahoma.--Davenport v. Chandler. Volume VI, section 149.
Sixty-fifth: West Virginia.--Senate case of Howard Sutherland. Volume
VI, section 82.
Sixty-sixth: Alaska.--Wickersham v. Sulzer and Grigsby. Volume VI,
sections 113, 114.
Sixty-sixth: Massachusetts.--Tague v. Fitzgerald. Volume VI, section
96.
Sixty-sixth: Missouri.--Reeves v. Bland. Volume VI, section 100.
Sixty-sixth: Missouri.--Salts v. Major. Volume VI, section 151.
Sixty-sixth: Pennsylvania.--Farr v. McLane. Volume VI, section 75.
Sixty-sixth: Wisconsin.--Bodenstab v. Berger. Volume VI, section 59.
Sixty-sixth: Wisconsin.--Case of Victor L. Berger. Volume VI, sections
56, 57.
Sixty-sixth: Wisconsin.--Carney v. Berger. Volume VI, section 58.
Sixty-seventh: Alabama.--Kennamer v. Rainey. Volume VI, section 153.
Sixty-seventh: Georgia.--Senate case relating to qualifications of
Rebecca Latimer Felton. Volume VI, section 156.
Sixty-seventh: Illinois.--Gartenstein v. Sabath. Volume VI, section
115.
Sixty-seventh: Illinois.--Golombiewski v. Rainey. Volume VI, section
103.
Sixty-seventh: Illinois.--Parillo v. Kunz. Volume VI, section 116.
Sixty-seventh: Illinois.--Rainey v. Shaw. Volume VI, section 76.
Sixty-seventh: Iowa.--Senate election case of Smith W. Brookhart.
Volume VI, section 157.
Sixty-seventh: Michigan.--Ford v. Newberry. Volume VI, sections 72-74.
Sixty-seventh: Missouri.--Bogy v. Hawes. Volume VI, section 117.
Sixty-seventh: North Carolina.--Campbell v. Doughton. Volume VI,
sections 154, 155.
Sixty-seventh: Pennsylvania.--Election case of John P. Bracken. Volume
VI, section 152.
Sixty-seventh: Virginia.--Paul v. Harrison. Volume VI, sections 158,
159.
Sixty-eighth: Georgia.--Clark v. Moore. Volume VI, section 161.
Sixty-eighth: Illinois.--Gorman v. Buckley. Volume VI, section 162.
Sixty-eighth: Illinois.--Question of eligibility of Edward E. Miller.
Volume VI, section 86.
Sixty-eighth: New York.--Ansorge v. Weller. Volume VI, section 168.
Sixty-eighth: New York.--Chandler v. Bloom. Volume VI, section 160.
Sixty-eighth: New York.--Frank v. LaGuardia. Volume VI, section 164.
Sixty-eighth: Texas.--Case of E. W. Cole. Volume VI, section 54.
Sixty-eighth: Texas.--Senate election case of Peddy v. Mayfield. Volume
VI, section 165.
Sixty-ninth: Georgia.--Clark v. Edwards. Volume VI, section 168.
Sixty-ninth: Iowa.--Senate election case of Steck v. Brookhart. Volume
VI, section 172.
CONGRESS--Continued.
(16) Election Cases in the Various Congresses--Continued.
Sixty-ninth: Minnesota.--Senate election case of Johnson v. Schall.
Volume VI, section 171.
Sixty-ninth: New Mexico.--Senate election case of Bursum v. Bratton.
Volume VI, section 170.
Sixty-ninth: New York.--Sirovich v. Perlman. Volume VI, section 169.
Sixty-ninth: North Dakota.--Senate election case of Gerald P. Nye.
Volume VI, section 173.
Sixty-ninth: Pennsylvania.--Bailey v. Walters. Volume VI, section 166.
Seventieth: Illinois.--Senate election case of Frank L. Smith. Volume
VI, section 179.
Seventieth: Kansas.--Clark v. White. Volume VI, section 175.
Seventieth: Minnesota.--Wefald v. Selvig. Volume VI, section 178.
Seventieth: New York.--Hubbard v. LaGuardia. Volume VII, section 176.
Seventieth: Pennsylvania.--Senate election case of William B. Wilson v.
William S. Vare. Volume VI, section 180.
Seventieth: Pennsylvania.--James M. Beck. Volume VI, section 174.
Seventieth: West Virginia.--Taylor v. England. Volume VI, section 177.
Seventy-first: Florida.--Lawson v. Owen. Volume VI, section 184.
Seventy-first: Indiana.--Updike v. Ludlow. Volume VI, sections 55, 185.
Seventy-first: Maryland.--Hill v. Palmisano. Volume VI, section 182.
Seventy-first: Missouri.--Lawrence v. Milligan. Volume VI, section 183.
Seventy-first: Texas.--Wurzbach v. McCloskey. Volume VI, section 181.
Seventy-second: Alabama.--Senate election case of Heflin v. Bankhead.
Volume VI, section 188.
Seventy-second: Illinois.--Kunz v. Granta. Volume VI, section 186.
Seventy-second: Oklahoma.--O'Connor v. Disney. Volume VI, section 189.
Seventy-second: Pennsylvania.--Kent v. Coyle. Volume VI, section 187.
CONGRESSIONAL CEMETERY.
History of the Congressional Cemetery. Volume V, section 7314. Volume
VIII, section 3658.
The Government Hospital for the Insane and Congressional Cemetery have
been within the jurisdiction of the Committee on the District of
Columbia. Volume IV, section 4285.
CONGRESSIONAL DIRECTORY.
The Congressional Directory is compiled under direction of the Joint
Committee on Printing. Volume V, section 7342.
An alleged error in the Congressional Directory relating to the
representation of a district in the next Congress does not present a
question of privilege. Volume III, section 2619.
The Biographical Congressional Directory is compiled at irregular
intervals under special authorization. Volume VIII, section 3676.
CONGRESSIONAL LIBRARY.
General provisions of the statutes relating to the Congressional
Library. Volume V, section 7268.
The Library of Congress (except the law library, which is controlled by
the Supreme Court) is under supervision of the Joint Committee on the
Library. Volume V, section 7268.
CONGRESSIONAL RECORD.
(1) Authorization and purpose of.
(2) Official reporters of debates.
(3) Matters required by rule or usage to be printed in.
(4) Revision of remarks by the Member.
(5) Extension of remarks and leave to print.--The practice and its
origin.
(6) Extension of remarks and leave to print.--Abuse of.
CONGRESSIONAL RECORD--Continued.
(7) Correction of--In general.
(8) Correction of--Disorderly words stricken out.
(9) Committee of the Whole does not control.
(10) Authority of the Speaker over.
(11) Reading of excerpts from.
(1) Authorization and Purpose of.
Provisions for the printing of the Congressional Record are statutory
and motions amendatory thereto are not in order. Volume VIII, section
43499.
The origin, publication, and distribution of the Congressional Record.
Volume V, section 6959.
The arrangement, style, etc., of the Congressional Record is prescribed
by the Joint Committee on Printing. Volume V, section 7024. Volume
VIII, section 3500.
The insertion of maps and diagrams in the Congressional Record is
within the control of the Joint Committee on Printing. Volume V,
section 7024. Volume VIII, section 3500.
The statute requires that requests for permission to insert
illustrations in the Record be submitted to the Joint Committee on
Printing through the chairman of the respective House in which the
speech desired to be illustrated may be delivered, and motions for the
insertion of illustrations are not in order in the House. Volume VIII,
section 3501.
The Congressional Record is for the proceedings of the House only, and
matters not connected therewith are rigidly excluded. Volume V, section
6962.
The Journal, and not the Congressional Record, is the official record
of the proceeding of the House. Volume IV, section 2727.
The proceedings of an impeachment trial are reported like the
legislative proceedings. Volume III, section 2090.
A resolution relating to the distribution of the Congressional Record
to persons other than Members was held not to present a question of
privilege. Volume V, section 7022.
While speeches or reports printed in the Congressional Record are
frankable, the addition of price lists, indices, or any other matter,
written, printed, or stamped, destroys the privilege. Volume VI,
section 221.
(2) Official Reporters of Debates.
History of 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. Volume V, section 6959.
The office of reporter of debates is created by resolution reported
from the Committee on Accounts and agreed to by the House. Volume V,
sections 6960, 6961.
Resolution relating to the decease of an official reporter of debates.
Volume V, section 7174.
(3) Matters Required by Rule or Usage to be Printed in.
A conference report and the accompanying statement are required to be
printed in the Congressional Record before being considered, except
during the last six days of a session. Volume V, section 6516.
The Journal does not record in full a conference report presented
merely for printing in the Record under the rule. Volume IV, section
2860.
Petitions, memorials, and bills referred by delivery to the Clerk are
entered in the Journal and Record. Volume IV, section 3364.
Bills and resolutions presented in the House for reference under the
rule are entered in the Journal and Record by title only. Volume IV,
section 2853.
By practice founded on a former rule the names of those not voting on a
roll call recorded in the Record. Volume V, section 6046.
Pairs which are announced but once during the legislative day are
announced after the completion of a roll call, and are published in the
Congressional Record. Volume V, section 5981.
CONGRESSIONAL RECORD--Continued.
(3) Matters Required by Rule or Usage to be Printed in--Continued.
A message of the President to the two Houses is printed in the
proceedings or only one House. Volume V, section 6965.
While a message of the President is always printed in the Congressional
Record, the accompanying documents are not permitted. Volume V, section
6963.
Messages from the Senate and President giving notice of bills passed or
approved are entered in the Journal and published in the Record. Volume
V, section 6593.
No rule requires the official reporters to insert in full in the Record
every resolution or other proposition offered by a Member, regardless
of the attendant circumstances. Volume V, sections 6967-6969.
The practice of the House does not require that in all cases the texts
of bills considered shall be printed in full in the Record. Volume V,
section 6970.
Although a Member in introducing a bill may read it in full to the
House, yet it would not therefore appear in full in either the Journal
or Congressional Record. Volume V, section 6967.
(4) Revision of Remarks by the Member.
It has been the practice to allow a Member, with the approval of the
Speaker, to revise his remarks in the Record, provided such revision
does not affect the remarks of another Member. Volume V, section 6971.
A Member should not correct the notes of his own speech in such a way
as to affect the remarks of an opponent in controversy without bringing
the correction to the attention of that Member. Volume V, section 6972.
A Member having so revised his remarks as to affect the import of words
uttered by another Member, the House corrected the Record. Volume V,
section 6973. A Member may, with the approval of the Speaker, revise
his remarks before publication in the Record; but may not change the
notes of his speech in such a way as to affect the remarks of other
without securing their consent. Volume VIII, sections 3461, 3162.
Where the remarks of another are not affected, a Member in revising a
speech for the Record may strike out any portion or may omit the speech
in its entirety. Volume VIII, section 3468.
Revisions of remarks which do not materially alter the purport of the
Member's statements or affect colloquies with others admissible, but
alterations or omissions productive of statements substantially
different from those submitted by the Official Reporters of the House
are not in order. Volume VIII, section 3461.
While remarks in order may not be stricken from the Record, remarks
interjected into the speech of a Member by another to whom he has not
yielded, may be stricken out by the Member himself in revising the
manuscript of his speech; or if allowed to remain and printed in the
Record, may be stricken from the Record by the House. Volume VIII,
sections 3465, 3467.
The rules governing the publication of the Congressional Record
prescribe the conditions under which the Members may revise their
remarks. Volume V, section 7024. Volume VIII, section 3500.
A Member is not entitled to inspect the reporter's notes of remarks not
reflecting on himself, delivered by another Member and withheld for
revision. Volume V, section 6964.
A Member may not demand the reading of the reporter's notes. Volume
VIII, section 3460.
Instance wherein a Member produced and read the reporter's notes of
remarks not reflecting on himself delivered by another Member but not
withheld for revision. Volume VIII, section 3496.
Instance wherein a question involving the right to revise remarks for
the Record was submitted to a special committee. Volume VIII, section
3461.
CONGRESSIONAL RECORD--Continued.
(4) Revision of Remarks by the Member--Continued.
While a Member may revise the reporter's notes of his remarks with the
approval of the Speaker, he may not extend his remarks in the Record
without the express consent of the House. Volume VIII, section 3462.
In revising remarks for the Record a Member may insert the words
``laughter'', ``applause'', etc., when they reflect actual proceedings
on the floor, although the practice is deprecated. Volume VII, section
3461.
(5) Extension of Remarks and Leave to Print.--The Practice and Its
Origin.
Rules governing the furnishing of copy under leave to print in the
Congressional Record. Volume VIII, section 3500.
General leave to print may be granted only by the House, although in
Committee of the Whole a Member, by unanimous consent, is sometimes
given leave to extend his remarks. Volume V, sections 7009, 7010.
Volume VIII, section 3488.
General leave to print extended at the close of a session authorizes
Members to extend remarks without restriction as to the number of
extensions. Volume VIII, section 3478.
The practice of inserting in the Record remarks not actually delivered
on the floor has grown up by consent of the House. Volume V, sections
6990-6996.
Reference to the practice of permitting Members to print in the
Congressional Record speeches which they have not delivered on the
floor. Volume V, sections 6998-7000.
Matter inserted in the Record under leave to print, if in continuation
of remarks actually delivered on the floor, appears in connection with
the speech in the body of the Record, but where the Member has not
actually occupied the floor such extensions of remarks are printed in
the Appendix. Volume VIII, section 3485.
Instance wherein it was stipulated that matter inserted under leave to
print should be limited to the Member's own remarks and should not
include newspaper articles or other extraneous matter. Volume VIII,
section 3481.
Permission to extend remarks applies to the Member's remarks only and
the incorporation of other matter requires specific permission from the
House. Volume VIII, section 3462.
Leave to print authorizes extensions of the Member's remarks only and
other matter may not be included without specific permission. Volume
VIII, section 3480.
The House quite generally stipulates, in granting leave to print, that
it shall be exercised without unreasonable freedom. Volume V, sections
7002, 7003.
Leave to extend remarks in the Record may be granted conditionally.
Volume VIII, section 3481.
Rules governing the furnishing of copy under leave to print in the
Congressional Record. Volume V, section 7024.
A Member having announced his intention to publish in the Record
certain extracts, but not having obtained leave of the House, the
refusal of the proposed insertion violates no privilege. Volume III,
section 2623.
The Senate declined to permit an ex-Member to print in the Journal or
Record a defense of his conduct. Volume II, section 1276.
Remarks extended in the Record under leave to print are inserted as of
the date on which permission is granted. Volume VIII, section 3483.
The period within which Members may extend remarks under leave to print
begins with the day on which permission is granted. Volume VIII,
section 3476.
Individual permission to extend remarks permits but one extension, and
Members proposing to insert more than one speech in the Record are
required to secure separate leave for each extension. Volume VIII,
section 3477.
A gentlemen's agreement that there should be ``no business whatever''
at formal sessions of the House during a designated period was
construed to exclude business of the highest privilege as well as
business of a purely formal character, including the swearing in of
Members and the extension of remarks in the Record. Volume VI, section
715.
CONGRESSIONAL RECORD--Continued.
(5) Extension of Remarks and Leave to Print.--The Practice and Its
Origin--Continued.
State memorials and petitions may be printed in full in the Record of
the House proceedings only by leave of the House as extension of
remarks. Volume VII, section 1024.
(6) Extension of Remarks and Leave to Print.--Abuse of.
When a Member under a leave to print places in the Record that which
would not have been in order if uttered on the floor, the House may
exclude the speech in whole or in part. Volume V, sections 7005-7008.
Volume VIII, section 3495.
Where one paragraph of a speech inserted in the Record under leave to
print contained unparliamentary language, the entire speech was
stricken out. Volume VIII, section 3472.
A Member, having inserted articles from a magazine under leave to
extend his own remarks, was given unanimous consent to expunge the
unauthorized matter on condition that it not be reprinted by the Public
Printer as frankable. Volume VIII, section 3475.
Authorizations to extend remarks in the Record are strictly construed
and it is not in order under leave to print to insert other material
than that designated in the request. Volume VIII, section 3479.
Authorizations to extend remarks in the Record are strictly construed
and it is not in order under leave to print to insert other material
than that designated in the request. Volume VIII, section 3479.
The House and not the Speaker decides whether or not a Member has
exceeded the leave given him to print in the Record. Volume V, sections
6998-7000.
A Member having obtained leave to print certain matter in the Record,
and having inserted other matter, the House directed it to be stricken
out. Volume V, section 7001.
A Member having abused a leave to print on the last day of a session,
the House condemned the abuse and declared the matter not a legitimate
part of the official debate. Volume V, section 7017.
A Member having, under leave to print, made charges against another
Member, the House ordered the speech stricken from the Record. Volume
V, section 7004.
The principle that a Member shall not be called to order for words
spoken in debate if business has intervened does not apply in a case
where leave to print in the Record has been violated. Volume V, section
7005.
A Member who had abused the leave to print apologized to the House, and
thereupon a proposition to censure was withdrawn. Volume V, section
7006.
An abuse of the leave to print gives rise to a question of privilege.
Volume V, sections 7005-7008, 7011. Volume VIII, section 3495.
A resolution to expunge from the Record a speech alleged to be an abuse
of the leave to print must be entertained as a matter of privilege.
Volume V, section 7012. Volume VIII, section 3475.
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 privilege. Volume V, section 7012.
A motion to expunge unparliamentary language inserted under leave to
print was entertained as privileged. Volume VIII, section 3491.
Insertion of improper language under leave to print was held to sustain
a question of the privilege of the House. Volume VIII, section 3491.
A resolution providing for an investigation of the propriety of
remarks, alleged to be an abuse of the leave to print, is entertained
as a matter of privilege. Volume VIII, section 3495.
A resolution providing for the appointment of a committee to consider
the propriety of remarks inserted under leave to print was entertained
as privileged. Volume VIII, section 3493.
Under leave to extend remarks a Member may not insert reference to
proceedings subsequent to the date on which leave to extend was
granted. Volume VIII, section 3483.
Instance wherein references to a colleague in an extension of remarks
were held to give rise to a question of privilege. Volume VIII, section
3163.
CONGRESSIONAL RECORD--Continued.
(6) Extension of Remarks and Leave to Print.--Abuse of--Continued.
Language not used in debate and inserted without leave was by
resolution stricken from the Record. Volume VIII, section 3163.
Language not used in debate and inserted without leave was by
resolution stricken from the Record. Volume VIII, section 3163.
(7) Correction of.--In General.
A motion for the correction of the Congressional Record may be made
properly after the reading and approval of the Journal. Volume V,
section 7013. Volume VIII, section 3496.
A motion to correct the Record is privileged. Volume VIII, sections
3463, 3499.
A motion to correct the Record, undisposed of at adjournment, was held
to be in order as the unfinished business if called up when the House
next convened. Volume VIII, section 3496.
While a motion to correct the Record is privileged, a motion to strike
from the Record words in order, actually spoken in debate, is not
admissible. Volume VIII, section 3498.
While correction of the Record is usually proposed informally, a motion
or resolution must be submitted if a question of order is raised.
Volume VIII, section 3464.
The amendment of the Record is not in order pending the approval of the
Journal. Volume V, section 6989.
Since the reporters of debates have become officers of the House a
correction of the Congressional Record has been held to be a question
of privilege. Volume V, sections 7014-7016.
A resolution to correct the Congressional Record is privileged, and
such correction is not within control of the Speaker. Volume V, section
7019.
A resolution to expunge from the Record material inserted without
authorization is privileged and entitles the proponent to recognition
to debate it. Volume VIII, section 3479.
A question as to the accuracy or propriety of anything contained in the
official records of debate may be submitted to the House as a matter of
privilege. Volume V, sections 7017, 7018. Volume VIII, section 3464.
A question of privilege as to an alleged error in the Record may not be
raised until the Record has appeared. Volume V, section 7020.
A correction of the Congressional Record which involves a motion and a
vote is recorded in the Journal. Volume IV, section 2877.
It is not considered courteous for one House to strike from the Record
matter placed therein by permission of the other House. Volume V,
section 6966.
The House may not strike from the Record the remarks of a Member made
in order. Volume V, section 6974. Volume VIII, section 3469.
Instance wherein the House, on motion put and carried, corrected a
Member's speech in the Congressional Record, so that it might be a
faithful report of what he had actually said. Volume V, section 6972.
A proposition to make corrections in remarks printed in the
Congressional Record was reported by the Committee on Printing. Volume
IV, section 4349.
Instance wherein proceedings in the Senate were ordered excluded and
expunged from the record. Volume VIII, section 3473.
The Congressional Record is not subject to correction after the
permanent edition has been printed. Volume VIII, section 3093.
Failure of the Congressional Record to record a pair is subject to
correction as any other error in the Record. Volume VIII, section 3079.
Correction of errors in the recording of pairs as reported in the
Congressional Record are made by Members without action on the part of
the House. Volume VIII, section 3080.
A motion to strike from the Record remarks made in order is not
privileged. Volume VI, section 583.
CONGRESSIONAL RECORD--Continued.
(8) Correction of.--Disorderly Words Stricken Out.
The House condemned as unparliamentary a printed speech for its
reflections on Members, committees of the House, and the House itself,
and for its reference to alleged occurrences in a committee of the
Senate. Volume V, section 7017.
After examination by a committee a speech reflecting on the character
of the Senate was ordered to be stricken from the Record. Volume V,
section 5129.
A Member having printed his speech, after withholding it for revision,
the House struck from it unparliamentary portions, although no question
had been raised when they were uttered on the floor. Volume V, section
6981.
A Member having uttered disorderly words on the floor without
objection, the House was not thereby precluded from action when, after
being withheld from revision, the words were printed in the Record.
Volume V, sections 6979, 6980.
A Member may not, in a controversy over a proposed correction of the
Record, demand the reading of the reporter's notes of the preceding
day. Volume V, section 6967.
In debating a resolution to strike from the Record disorderly language
a Member may not read the said language. Volume V, section 7004.
As part of a personal explanation relating to matter excluded from the
Congressional Record as out of order, a Member may read the matter,
subject, however, to a point of order if the reading should develop
anything in violation of the rules of debate. Volume V, section 5079.
A resolution to omit from the manuscript copy of the Congressional
Record certain remarks declared out of order does not present a
question of privilege. Volume V, section 7021.
Offensive words having already been stricken from the Congressional
Record, a question of privilege may not arise therefrom. Volume V,
section 7023.
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. Volume V, section 6982.
A committee appointed to investigate the propriety of a Member's
remarks appearing in the Record affords the Member an opportunity to be
heard in person or by counsel. Volume VIII, section 3491.
The vote of the House tabling a motion to strike from the record words
taken down in debate was held to carry to the table the entire
proposition. Volume VIII, section 2465.
A question of privilege may not be predicated on words which have been
stricken from the Record. Volume VI, section 596.
A motion to expunge words taken down having been rejected, the Member
called to order proceeds from the point of interruption. Volume VIII,
section 2541.
Debate on a motion to expunge from the record is confined to the motion
proper. Volume VIII, section 2539.
Instance wherein the House struck from the Record a speech containing
language reflecting personally on the President of the United States.
Volume VIII, section 2497.
Recognition by the Speaker to move that words reported from the
Committee of the Whole be expunged is tantamount to a decision holding
them unparliamentary. Volume VIII, section 2539.
A resolution reflecting on the official conduct of a Member of the
House was expunged from the Record. Volume VI, section 582.
Language used by a Member in Committee of the Whole having been
expunged from the Record when reported to the House, the motion that he
be allowed to proceed in order is not entertained when the House again
resolves into the committee. Volume VIII, section 2538.
A resolution of impeachment may be expunged from the record by
unanimous consent only. Volume VI, section 541.
CONGRESSIONAL RECORD--Continued.
Correction of.--Disorderly Words Stricken Out--Continued.
Instances wherein a letter objected to in Committee of the Whole and
reported to the House having been withdrawn, the motion that it be
expunged from the Record was withdrawn. Volume VIII, section 2539.
A resolution offered in the House requesting the Senate to expunge from
the Record statements in criticism of a Member of the House was held to
be in violation of the rule prohibiting reference to the Senate in
debate. Volume VIII, section 2519.
Proceedings expunged from the Record by order of the House are not
journalized. Volume VI, section 582.
(9) Committee of the Whole does not Control.
While the Committee of the Whole does not control the Record the
Chairman, in the preservation of order, may direct the exclusion of
disorderly words spoken by a Member after he has been called to order.
Volume V, section 6987.
The Committee of the Whole, having no control over the Congressional
Record, reported to the House an alleged breach of privilege involved
in the reading of an anonymous letter in the committee, and the House
struck the letter from the Record. Volume V, section 6986.
The Committee of the Whole has no control over the Congressional
Record. Volume V, section 6986.
It is for the House and not for the Chairman of the Committee of the
Whole to determine the privileges of a Member under general leave to
print in the Congressional Record. Volume V, section 6988.
(10) Authority of the Speaker Over.
Words spoken by a Member after he has been called to order may be
excluded from the Congressional Record by direction of the Speaker.
Volume V, sections 6975-6978.
The Speaker may order stricken from the notes of the reporters remarks
made by Members who have not been recognized and to whom the Member
having the floor has declined to yield. Volume VIII, section 3466.
In exceptional instances words flagrantly disorderly have been excluded
from the Record by direction of the Speaker. Volume VIII, section 3471.
As a general principle the Speaker has no control over the official
record of debates. Volume V, section 7017.
The House and not the Speaker determines what liberty shall be allowed
to a Member who has leave to extend his remarks in the Record. Volume
V, section 6997.
It is for the House and not the Speaker to pass on an alleged abuse of
the leave to print in the Congressional Record. Volume V, section 7012.
Volume VIII, section 3475.
The Speaker has no authority over the Congressional Record, and it is
for the House to say when the rules have been violated and to enforce
their observance. Volume VIII, section 3483.
The Speaker has no control over the Congressional Record and no
authority to censor or exclude speeches of Members. Volume VIII,
section 3474.
The Speaker has no authority over the Congressional Record, but the
House may correct it in any manner it may please. Volume V, section
6983.
It is for the House and not the Chair to decide whether or not a
copyrighted article shall be printed in the Congressional Record.
Volume V, section 6985.
A question as to the authority of the Speaker over the Congressional
Record. Volume V, section 6984.
An instance in which the Speaker called up as unfinished business a
motion to expunge remarks from the Record on which the previous
question had not been ordered. Volume VIII, section 2542.
CONGRESSIONAL RECORD--Continued.
(11) Reading of Excerpts From.
If objection is made a Member may not read excerpts from the
Congressional Record save by leave of the House. Volume VIII, section
2597.
It is a breach of order in debate to refer to proceedings in the other
House whether reported in the Congressional Record or elsewhere. Volume
VIII, section 2503.
Remarks stricken from the Record by order of the House may not be read
in debate. Volume VI, section 597.
CONKLING.
The investigation into the conduct of Judge Alfred Conkling in 1829.
Volume III, section 2492.
CONNECTICUT.
The Connecticut election case of Jodoin v. Higgins in the Sixty-second
Congress. Volume VI, section 90.
The Connecticut election case of Donovan v. Hill in the Sixty-fourth
Congress. Volume VI, section 140.
CONNELL.
The Pennsylvania election case of Connell v. Howell in the Fifty-eighth
Congress. Volume II, sections 1130, 1131.
CONNOR.
The Texas election case of Grafton v. Connor in the Forty-first
Congress. Volume I, section 465.
CONRY.
The Massachusetts election case of Conry v. Keliher in the Fifty-eighth
Congress. Volume II, section 1129.
CONSENT CALENDAR.
(1) Form and operation of the rule.
(2) Bills on ``passed over without prejudice.''
(3) Bills restored to after objection.
(4) Priority of as related to other business.
(5) In general.
(1) Form and Operation of the Rule.
Form and history of section 3 of Rule XIII. Volume VII, section 972.
The rule establishing the Consent Calendar relates to legislative
propositions only, and does not apply to matters of routine and
convenience purely formal in nature. Volume VII, section 980.
Bills favorably reported on House or Union Calendars may be considered
by consent on the first and third Mondays. Volume VII, section 972.
To be eligible to consideration on the call of the Consent Calendar a
bill must have been on the printed calendar three legislative days.
Volume VII, sections 992, 994.
In counting the three days required by the Consent Calendar rule,
Sundays, holidays, or days on which the House is not in session are not
construed as legislative days and are not included. Volume VII,
sections 994, 995.
One objection prevents consideration when the bill is first called but
when again called it is considered unless three object, in which event
it is stricken from the calendar for the session. Volume VII, section
972.
Objection to consideration of a bill on consent day comes too late
after debate has begun. Volume VII, section 998.
CONSENT CALENDAR--Continued.
(1) Form and Operation of the Rule--Continued.
A Member having reserved the right to object to consideration of a bill
called on the Consent Calendar, any Member may object under the
reservation. Volume VII, section 999.
(2) Bills on ``Passed Over Without Prejudice.''
The House has decided that requests to have a bill ``passed over
without prejudice'' may be entertained before debate has begun but not
thereafter. Volume VII, section 996.
A bill on the Consent Calendar, ``passed over without prejudice,'' goes
to the foot of the calendar. Volume VII, section 997.
A bill passed over without prejudice on a call of the Consent Calendar
requires but one objection when next reached. Volume VII, section 1000.
(3) Bills Restored to After Objection.
A bill, the second time stricken from the calendar on the objection of
three Members, may be unanimous consent be permitted to retain its
place on the calendar. Volume VII, section 1001.
A bill objected to during consideration of the Consent Calendar, but
retaining its place by unanimous consent, requires three objections
when again called. Volume VII, section 1000.
The requirement that a bill be three days on the Consent Calendar
before being eligible to consideration does not apply when the bill,
after being objected to, is again placed on the calendar. Volume VII,
section 1003.
The striking of bill from the calendar in one session does not preclude
its restoration to the calendar in the next session. Volume VII,
section 1002.
(4) Priority of as Related to Other Business.
The rule providing for the call on the first and third Mondays does not
preclude recognition within the discretion of the Speaker for a motion
to suspend the rules, and such motion is in order before the calendar
is called or at any time before the call is completed. Volume VIII,
section 3405.
While holding unfinished business on which the previous question was
pending at adjournment on the previous day to be of equal privilege,
the Speaker, directed the call of the Consent Calendar. Volume VII,
section 990.
A contested-election case may not supplant the call of the Consent
Calendar. Volume VII, section 988.
The call of the Consent Calendar on days devoted to its consideration
by the rules takes precedence of the motion to go into Committee on the
Whole to consider revenue or appropriation bills. Volume VII, section
986.
On Consent Calendar days the Speaker recognizes for the transaction of
business by unanimous consent only in cases of emergency. Volume VII,
section 979.
The Speaker declined to submit requests for unanimous consent to
address the House on Mondays reserved for the call of the Consent
Calendar. Volume VII, section 978.
Under the former rule recognition to suspend the rules on consent day
does not preclude the call of the calendar later in the day. Volume
VII, section 991.
A privileged resolution of inquiry is in order on days on which it is
in order to move to suspend the rules, and takes precedence of a call
of the Unanimous Consent Calendar. Volume VI, section 409.
(5) In General.
Since the establishment of the Consent Calendar in Speaker declines
recognition to submit requests for the consideration of bills by
unanimous consent. Volume VII, section 973.
While the Speaker has, on extraordinary occasions of emergency on
routine, recognized Members to request unanimous consent for
consideration of unprivileged matters, it is not the practice. Volume
VII, section 983.
CONSENT CALENDAR--Continued.
(5) In General.--Continued.
The ruling holding that the giving of unanimous consent for
consideration of a measure waives requirement as to consideration in
Committee of the Whole was held not to apply to a bill not on the
Unanimous Consent Calendar. Volume VIII, section 2394.
Consideration of a bill on the Consent Calendar having been agreed to,
a Senate bill of similar tenor may, by unanimous consent, be taken from
the committee to which referred and considered in lieu thereof. Volume
VII, section 1004.
Business under consideration on ``consent day'' and undisposed of at
adjournment does not come up as unfinished business on the following
legislative day but goes over to the next day when that class of
business is again in order. Volume VII, section 1005.
The status of bills on the Consent Calendar is not affected by their
consideration from another calendar and such bills may be called up for
consideration from the Consent Calendar while pending as unfinished
business in the House or Committee of the Whole. Volume VII, section
1006.
CONSERVATION.
The public domain, conservation thereof, and the granting or forfeiture
of lands therefrom, or easements thereon, are subjects within the
jurisdiction of the Committee on the Public Lands. Volume VII, section
1924.
CONSIDERATION.
(1) In General.
(2) Question of--Practice and rule as to.
(3) Question of--General limitations on the use of.
(4) Question of--Its relation to special orders.
(5) Question of--Relation to the previous question.
(6) Question of--Relation to various motions.
(7) Question of--As related to points of order.
(8) Question of--Effect of adjournment on.
(9) Question of--On Calendar Wednesday.
(10) Special orders for.--As related to House bills.
(11) Special orders for.--As related to Senate bills and Senate
amendments.
(12) Special orders for.--In general.
(1) In General.
Although a proposition may be privileged for consideration under the
rules, yet a motion to lay it on the table is in order, such action
being one form for consideration. Volume V, section 5397.
The constitutional mandate that the House ``shall proceed to
reconsider'' a vetoed bill has been held not to preclude a motion to
postpone consideration to a day certain. Volume IV, sections 3542-3547.
While it is the rule that a bill returned with the objections of the
President shall be read and considered at once, it may not be laid
before the House in absence of a quorum. Volume VII, section 1094.
Bills unaccompanied by written reports are not in order for
consideration. Volume VIII, section 2783.
A point of order should be made when a matter is presented, and not
after consideration and on a succeeding day. Volume V, section 6888.
A point of order relating to the manner in which a resolution should be
considered may be made at any time before the consideration begins.
Volume V, section 6890.
(2) Question of.--Practice and Rule as to.
The question of consideration has been established by long practice as
a means by which the House may protect itself against business which it
does not wish to consider. Volume V, section 4936.
CONSIDERATION--Continued.
(2) Question of.--Practice and Rule as to--Continued.
The rule provides that the question of consideration shall not be put
unless demanded by a Member. Volume V, section 4936.
A Member may demand the question of consideration; although the Member
in charge may demand the floor for debate. Volume VI, section 404.
The question of consideration is not debatable. Volume VIII, section
2447.
After a Member has offered a motion, the House has the right, before
debate begins, to determine whether it will consider it or not. Volume
V, section 4986.
Th refusal of the House to consider a bill does not amount to its
rejection, and does not prevent its being brought before the House
again. Volume V, section 4940.
The question of consideration may be demanded against a question of the
highest privilege, such as the right of a Member to his seat. Volume V,
section 4941.
The question of consideration may be raised on a question involving the
privilege of the House. Volume VI, section 560.
Although the House may vote not to consider a matter of privilege, it
may be called up again on the same legislative day, and the question of
consideration may be demanded again. Volume V, section 4942.
A Member may demand the question of consideration, although the Member
in charge of the bill may claim the floor for debate, but the previous
question may not be demanded in a similar way. Volume V, sections 4944,
4945.
The question of consideration may not be raised on a motion to take
from the Speaker's table Senate bills substantially the same as House
bills already favorably reported and on the House Calendar. Volume
VIII, section 2443.
The question of consideration may not be demanded on a resolution of
impeachment until the reading of the resolution has been concluded.
Volume VI, section 541.
It is not in order to raise the question of consideration against a
bill until the bill has been read. Volume VIII, section 2436.
Although the question of consideration has been once decided in the
affirmative it may nevertheless be raised on a subsequent day when the
bill is again called up as unfinished business. Volume VIII, section
2438.
(3) Question of.--General Limitations on the Use of.
The question of consideration may not be demanded as to a proposition
after debate has begun. Volume V, sections 4937-4939..
The question of consideration may not be raised on a motion relating to
the order of business. Volume V, sections 4971-4976. Volume VIII,
section 2442.
In the later but not in the earlier practice it has been held that the
question of consideration may not be raised against a report from the
Committee on Rules relating to the order for considering individual
bills. Volume V, sections 4961-4963. Volume VIII, section 2440.
The question of consideration may not be demanded against a motion to
discharge a committee. Volume V, section 4977.
The question of consideration may not be demanded against a bill
returned with the objections of the President. Volume V, sections 4969,
4970.
The question of consideration may not be demanded against District of
Columbia business generally, but may be demanded against each bill as
it is presented. Volume IV, sections 3308, 3309.
A motion to go into Committee of the Whole to consider a bill being
made, the House expresses its wish as to consideration by this motion,
and not by raising the question of consideration. Volume V, sections
4973-4976. Volume VIII, section 2442.
The proper method of rejecting a petition is by refusal to refer rather
than by use of the question of consideration. Volume V, section 4964.
The question of consideration may not be raised against a proposition
before the House for reference merely. Volume V, section 4964.
CONSIDERATION--Continued.
(4) Question of.--Its Relation to Special Orders.
The question of consideration may be raised against a bill which has
been made a special order. Volume IV, section 3175.
Although a bill may come up by reason of being individually specified
in a special order, yet the question of consideration may be raised
against it. Volume V, sections 4953-4957.
Where a special order provides that immediately upon its adoption a
certain bill shall be considered, the question of consideration may not
be raised against that bill. Volume V, section 4960.
The question of consideration may not be demanded against a class of
business in order under a special order or a rule, but may be demanded
against each bill individually as it is brought up. Volume V, sections
4958, 4959.
By refusing to go into Committee of the Whole to consider a bill which
has been made a special order for consideration therein the House may
then consider business prescribed by the regular order. Volume IV,
section 3088.
When two special orders provide for the consideration of two bills at
one time the order first made has priority, but by raising the question
of consideration against either bill the House may determine the order.
Volume IV, sections 3193-3196.
(5) Question of.--Relation to the Previous Question.
The demand for the question of consideration may not be prevented by a
motion for the previous question. Volume V, section 5478.
The question of consideration may not be raised against a bill on which
the previous question has been ordered. Volume V, sections 4965, 4966.
The question of consideration has been admitted where other business
has intervened between the ordering and execution of the previous
question, but not after an adjournment merely. Volume V, sections 4967,
4968.
(6) Question.--Relation to Various Motions.
The question of consideration may be raised after a motion to lay on
the table has been made. Volume V, section 4943.
It is not in order to reconsider the vote whereby the House refuses to
consider a bill. Volume V, sections 5626, 5627.
The question of consideration being pending, a motion to refer is not
in order. Volume V, section 5554.
The question of consideration may be demanded against the motion to
reconsider. Volume VIII, section 2437.
Under certain circumstances the motions to reconsider and adjourn and
the question of consideration have been held dilatory. Volume V,
sections 5731-5733.
(7) Question of.--As Related to Points or Order.
A point of order which if sustained might prevent the consideration of
a bill should be made and decided before the question of consideration
is put. Volume V, sections 4950, 4951.
The House having voted to consider a matter, a point of order against
it comes too late. Volume V, sections 6912-6914.
The House having voted to consider a report, it is too late to question
whether or not the report has been made properly. Volume IV, section
4598.
The House having given unanimous consent for the consideration of a
bill with a proposed committee amendment, this section was held to be
in effect an affirmative decision of the question of consideration,
thus precluding a point of order against the amendment. Volume V,
section 4952.
A point of order relating merely to the manner of considering a bill
should be passed on after the House has decided the question of
consideration. Volume V, section 4950.2
CONSIDERATION--Continued.
(7) Question of.--As Related to Points of Order--Continued.
A point of order relating to a proposition against which the question
of consideration has been demanded was held in abeyance until the House
had decided the question of consideration. Volume VIII, section 2439.
(8) Question of.--Effect of Adjournment on.
The intervention of an adjournment does not destroy an existing right
to raise the question of consideration. Volume V, section 4946.
When the question of consideration is undisposed of at an adjournment
it does not recur as unfinished business on a succeeding day. Volume V,
sections 4947, 4948.
A vote by yeas and nays having been without result because of the
failure of a quorum, it was held that the question of consideration
might not intervene on a succeeding day before the second call of the
yeas and nays. Volume V, section 4949.
(9) Question of.--On Calendar Wednesday.
The question of consideration may be demanded against a bill called up
under the rule on Wednesday. Volume VII, section 947.
It is in order on Calendar Wednesday to raise the question of
consideration against a Union Calendar bill when called up for
consideration in the House and before resolving into the Committee of
the Whole. Volume VIII, sections 2445, 2446.
The question of consideration may be raised against unfinished business
on the House Calendar in order under the Calendar Wednesday rule.
Volume VIII, section 2447.
The modern practice is to raise the question of consideration on
Calendar Wednesday in the House, as on other days, and if decided in
the affirmative the House resolves automatically into the Comittee of
the Whole. Volume VII, section 952.
The question in consideration is admitted in the Committee of the Whole
on Calendar Wednesday. Volume VIII, section 2444.
The question of consideration is in order in Committee of the Whole on
Wednesday only, but if reported to the House, the recommendation of the
committee is then subject to approval or rejection, and, if rejected,
the House automatically resolves into the committee for further
consideration of the measure. Volume VII, section 951.
(10) Special Orders for.--As Related to House Bills.
Tabulation, by sessions, of number of special orders providing for
consideration of business, adopted since the Sixtieth Congress. Volume
VII, section 762.
The Committee on Rules may report a resolution providing for the
consideration of a bill which has not yet been introduced. Volume VIII,
section 3388.
Forms of rule utilized in expediting consideration of a general tariff
bill. Volume VIII, sections 775, 829.
Form of special order authorizing motion to resolve into Committee of
the Whole for the consideration of a bill with the usual provisions,
for limitations on debate, control of time, and disposition in the
House. Volume VII, sections 797, 805.
Form of special order providing for the consideration, within certain
limits of time, of a substitute in lieu of a pending bill, in the
Committee of the Whole in the House. Volume VII, section 810.
Form of special order conferring privileged status on a number of bills
not to interfere with the consideration of privileged business. Volume
VII, section 840.
Form of special order authorizing a committee to call up a bill for
consideration with reservations as to certain privileged business.
Volume VII, section 842.
Form of special order for considering a bill in Committee of the Whole,
with clause exempting provisions from points of order. Volume VII,
section 813.
Form of special order making it in order to consider in the Committee
of the Whole a bill on the House Calendar. Volume VII, section 811.
CONSIDERATION--Continued.
(10) Special Orders for.--As Related to House Bills--Continued.
Form of special order for consideration of a bill in Committee of the
Whole, providing for hour at which House shall meet during
consideration. Volume VII, section 809.
Form of special order for assigning a day for consideration in the
House of bills reported from a certain committee. Volume VII, section
818.
Form of special order for the consideration, successively, of a number
of bills in designated order in Committee of the Whole and in the
House, excepting days set apart by the rules for certain classes of
business and providing against interference with other business
privileged under the rules. Volume VII, section 817.
Form of special order authorizing the motion to resolve into Committee
of the Whole for consideration of a bill, with provision for
termination of consideration on a day certain. Volume VII, section 812.
Form of special order for consideration of a bill in Committee of the
Whole and in the House, with provisions for daily recess and evening
sessions. Volume VII, section 816.
Form of special order providing for the consideration of a joint
resolution in the House. Volume VII, section 804.
(11) Special Orders for.--As Related to Senate Bills and Senate
Amendments.
Form of special order for taking Senate bill from Speaker's table and
considering House bill in lieu thereof in Committee of the Whole.
Volume VII, section 800.
Form of special order for considering a Senate bill in the Committee of
the Whole making in order House committee amendments and providing for
separate vote on each. Volume VII, section 799.
Form of special order providing for consideration of House substitute
for Senate bill regardless of the rule requiring germaneness. Volume
VII, section 803.
Form of special order for consideration of a House bill with provision
for substitution of Senate bill in Committee of the Whole. Volume VII,
section 843.
Form of special order authorizing a motion to consider Senate
amendments in Committee of the Whole. Volume VII, section 825.
Form of special order discharging committee from consideration of House
bill with Senate amendments and providing for consideration in
Committee of the Whole. Volume VII, section 819.
Form of special order discharging committee from consideration of bill
with Senate amendments and providing for conference. Volume VII,
sections 820, 821.
(12) Special Orders for.--In general.
Form of special order for consideration of a resolution declaring war.
Volume VIII, section 2460.
Form of a special order reported from the Committee on Rules providing
for consideration of a resolution instructing conferees. Volume VIII,
section 3245.
Form of resolution for consideration of conference report invalidated
on point of order. Volume VIII, section 3270.
Form of special order for consideration of a conference report without
intervention of points of order. Volume VII, section 828.
Form of special order providing for consideration of report of a
committee of investigation. Volume VI, section 374.
Form of special order for consideration of a resolution and report
thereon in Committee of the Whole with provision for vote on a
substitute. Volume VII, section 802.
Form of special order providing for the consideration successively of
certain joint resolutions in Committee of the Whole. Volume VII,
section 815.
CONSISTENCY.
The inconsistency of a proposed amendment with one already agreed to is
not a matter for the decision of the Speaker. Volume V, section 5781.
CONSISTENCY--Continued.
The Chair does not rule on the consistency of a proposed amendment.
Volume VIII, section 3458.
A motion to instruct conferees when made at the proper time is
admissible and it is not within the province of the Chair to rule on
its consistency. Volume VIII, section 3237.
The fact that a proposed amendment is inconsistent with the text, or
embodies a proposition already voted on, constitutes a condition to be
passed on by the House and not by the Speaker. Volume II, sections
1328-1336.
The consistency of a proposed amendment with the text is a question to
be passed on by the House and not by the Speaker. Volume VIII, section
3458.
CONSPIRACY.
A resolution charging conspiracy to influence Members of Congress
improperly was considered as a matter of privilege. Volume VI, section
580.
CONSTITUTION.
(1) Amendments to.--Methods of proposing.
(2) Amendments to.--Joint resolutions used in.
(3) Amendments to.--Voting on the joint resolution.
(4) Amendments to.--Amendments of the other House to the joint
resolution.
(5) Amendments to.--Transmission to the States, etc.
(6) Amendments to.--Jurisdiction of committees over.
(7) Provisions relating to the Member.--As an officer.
(8) Provisions relating to the Member.--The oath.
(9) Provisions relating to the Member.--Expulsion.
(10) Provisions relating to the Member.--Term of.
(11) Provisions relating to the Member.--Qualifications of.
(12) Relating to veto messages.
(13) As to the quorum.
(14) Provisions as to impeachments.
(15) Provisions as to the sufferage.
(16) As to times, places, and manner of election.
(17) Of the States as affecting elections.
(18) Not the duty of the Speaker to construe.
(19) General questions relating to.
(1) Amendments to.--Methods of Proposing.
The Constitution provides the methods by which amendments to it may be
proposed and adopted. Volume V, section 7025.
No amendment to the Constitution may deprive any State, without its
consent, of its equal suffrage in the Senate. Volume V, section 7025.
Instance of the receipt and reference of the application of a State
legislature for the calling of a convention to amend the Constitution
of the United States. Volume V, section 7026.
(2) Amendments to.--Joint Resolutions Used in.
Forms of resolving clauses used in joint resolutions proposing
amendments to the Constitution (footnote). Volume V, section 7029.
Joint resolutions proposing amendments to the Constitution, although
not requiring the approval of the President have their several readings
and are enrolled and signed by the Speaker (footnote). Volume V,
section 7029.
It has been conclusively settled that a joint resolution proposing an
amendment to the Constitution should not be presented to the President
for his approval. Volume V, section 7040.
CONSTITUTION--Continued.
(3) Amendments to.--Voting on the Joint Resolution.
The vote required on a joint resolution proposing an amendment to the
Constitution is two-thirds of those voting, a quorum being present, and
not two-thirds of the entire membership. Volume V, sections 7027, 7028.
Volume VIII, section 3503.
In considering amendments to the Constitution a two-thirds vote was not
required in Committee of the Whole, but was required when the House
voted on concurring in Senate amendments. Volume V, section 7033.
Proposed amendments to the Constitution may be amended by a majority
vote. Volume V, sections 7031, 7032. Volume VIII, section 3504.
The requirement of a two-thirds vote for proposing constitutional
amendments has been construed in the later practice to apply only to
the vote on final passage. Volume V, sections 7029, 7030.
The yeas and nays are not necessarily taken on the passage of the
resolution proposing an amendment to the Constitution. Volume V,
sections 7038, 7039. Volume VIII, section 3506.
(4) Amendments to.--Amendments of the Other House to the Joint
Resolution.
A two-thirds vote is required to agree to a Senate amendment to a joint
resolution proposing an amendment to the Constitution. Volume V,
section 7034. Volume VIII, section 3505.
One House having by a two-thirds vote passed in amended form a proposed
constitutional amendment from the other House, and then having by a
majority vote receded from its amendment, the constitutional amendment
was held not to be passed. Volume V, section 7035.
A difference between the two Houses as to an amendment to a proposed
constitutional amendment may properly be committed to a conference.
Volume V, section 7037.
A two-thirds vote is required to agree to a conference report on a
joint resolution proposing an amendment to the Constitution. Volume V,
section 7036.
(5) Amendments to.--Transmission to the States, etc.
The filing with the Secretary of State and the transmission to the
States of joint resolutions proposing amendments to the Constitution.
Volume V, section 7041.
Joint resolutions proposing amendments to the Constitution are, when
passed, filed with the Secretary of State by the Committee on Enrolled
Bills. Volume V, section 7041.
On one occasion at least the two Houses have requested the President to
transmit to the States a joint resolution proposing an amendment to the
Constitution. Volume V, section 7041.
The two Houses requested the President to transmit to the States
forthwith certain proposed amendments to the Constitution. Volume V,
section 7043.
The law makes no provision for notifying the States of the submission
of a constitutional amendment and a concurrent resolution requesting
the President to transmit to the States such proposed amendments is
without privilege. Volume VIII, section 3508.
The original notice of ratification of a constitutional amendment by a
State is transmitted to the Secretary of State and a copy to the House,
where it is laid before the House by the Speaker and filed in its
archives. Volume VIII, section 3507.
The President may notify Congress by message of the promulgation of the
ratification of a constitutional amendment. Volume V, section 7044.
As to the power of a State to recall its assent to a constitutional
amendment. Volume V, section 7042.
(6) Amendments to.--Jurisdiction of Committees Over.
The Committee on the Judiciary has a general but not exclusive
jurisdiction over joint resolutions proposing amendments to the
Constitution of the United States. Volume IV, section 4056. Volume VII,
section 1779.
CONSTITUTION--Continued.
(6) Amendments to.--Jurisdiction of Committees Over--Continued.
A joint resolution proposing a constitutional amendment authorizing
mutual taxation of salaries between State and Federal Governments was
held to come within the jurisdiction of the Committee on the Judiciary
rather than that of the Committee on Ways and Means. Volume VII,
section 1780.
Proposed changes of the Constitution as to the term of Congress and the
President and the time of annual meeting of Congress have been
considered by the Committee on Election of President, Vice-President,
and Representatives in Congress. Volume VII, section 2026.
Resolutions proposing constitutional amendments relating to woman
suffrage formerly came within the jurisdiction of the Committee on
Woman Suffrage. Volume VII, section 2075.
Propositions relating to wages and hours of labor, even when a
constitutional amendment has been proposed, have been considered by the
Committee on Labor. Volume IV, section 4247.
(7) Provisions Relating to the Member.--As an Officer.
Discussion as to what constitutes ``a person holding office under the
United States,'' within the meaning of the Constitution. Volume II,
section 993.
Discussion of the meaning of the word ``officer'' in the constitutional
provision relating to the qualifications of Members. Volume I, section
496.
Discussion of incompatibility of office within the meaning of the
Constitution. Volume VI, section 64.
A resolution declaring vacant the seat of a Member who has accepted an
incompatible office may be agreed to by a majority vote. Volume I,
section 504.
The House had investigated the constitutional right of a Senator to
perform services for the Executive. Volume I, section 495.
Reference to an early discussion of the appointment of Members of the
House to Executive offices. Volume I, section 495.
Membership on joint committee created by statute is not an office in
the contemplation of the constitutional provision prohibiting Members
of Congress from holding simultaneously other offices under the United
States. Volume VII, section 2164.
There is no constitutional objection to the election of a Member to the
Board of Managers of the Soldiers' Home, although in the opinion of the
Attorney General such election appears contrary to public policy.
Volume VI, section 63.
While the Constitution does not prohibit a Member from holding any
State office, the duties of a Member of the House and of the Governor
of a State are absolutely inconsistent and may not be simultaneously
discharged by the same person. Volume VI, section 65.
In 1815 the House questioned the constitutional right of a Member to
accept an appointment as commissioner, the office being created under
the terms of a treaty during the period of his membership. Volume I,
section 506.
In 1922 the Senate questioned the constitutional right of a Member to
sit upon a commission created during the period of his Membership.
Volume VI, section 64.
A contestant employed after the election as assistant to a United
States district attorney was held qualified to be seated, especially as
his employment ceased before Congress met. Volume I, section 46.
(8) Provisions Relating to the Member.--The Oath.
Senators and Representatives are bound by oath or affirmation to
support the Constitution. Volume I, section 127.
Discussion as to whether or not the law prescribing the oath of loyalty
in 1862 was constitutional. Volume I, section 449.
Argument that the act of July 2, 1862, prescribing a test oath, did in
effect create an additional qualification. Volume I, section 451.
CONSTITUTION--Continued.
(9) Provisions Relating to the Member.--Expulsion.
Discussion of the power of expulsion under the Constitution. Volume I,
section 476.
Nature and limitations of the constitutional power of expulsion
discussed. Volume II, section 1264. Volume VI, section 56.
The constitutional power of expulsion is limited in its application to
the conduct of Members of the House during their term of office. Volume
VI, section 56.
The nature and method of exercise of the power of expulsion discussed
by the Senate. Volume II, section 1269.
Discussion of the distinction between the power to judge of the
elections, returns, and qualifications of the Member, and the power to
expel. Volume I, section 469.
Discussion of the power of expulsion in its relations to offenses
committed before the Member's election, and in relation to the power of
impeachment. Volume II, section 1286.
Review of precedents relating to investigations of charges in regard to
conduct of a Member at a time preceding the existing term of service.
Volume III, section 2725.
Members being charged with bribery committed several years before the
election of the then existing House, the House preferred ensure to
expulsion, but declined to express doubt as to the power to expel.
Volume II, section 1286.
(10) Provisions Relating to the Member.--Term of.
The House is composed of Members chosen every second year by the people
of the several States. Volume I, section 297.
The Constitution provides that the enumeration to fix the basis of
representation shall; be made once in every ten years. Volume VI,
section 39.
The House decided in 1869 that a person might not by virtue of one
election sit as a Member of the House in two Congresses. Volume I,
section 388.
Proposed changes of the Constitution as to the terms of Congress and
the President, and the time of annual meeting of Congress, have been
considered by the Committee on Election of President, Vice-President,
and Representatives in Congress. Volume VI, section 4302. Volume VII,
section 2026.
(11) Provisions Relating to the Member.--Qualifications of.
The Constitution provides that a Member shall fulfill certain
conditions as to age, citizenship, and inhabitancy. Volume I, section
413.
Discussion of the three constitutional qualifications as exclusive of
others. Volume I, sections 414, 415.
Discussion of the term ``inhabitant'' as a constitutional qualification
for membership in the House. Volume VI, section 174.
Discussion of the right of the House to fix qualifications other than
those specified by the Constitution. Volume I, section 469.
In 1868 it seems to have been assumed by the Committee on Elections, if
not by the House itself, that the House alone might not add to the
qualifications prescribed by the Constitution. Volume I, section 449.
No statute can interfere with the provision of the Constitution making
each House of Congress the judge of the qualification and election of
its own Members. Volume VI, section 98.
A woman who had forfeited her citizenship through marriage to a foreign
subject and who later resumed it through naturalization less than seven
years prior to her election was held to fulfill the constitutional
requirements as to citizenship to a seat in the House. Volume VI,
section 184.
In 1868, a question of loyalty arising, the House in effect held that
there might be established by law qualifications other than those
required by the Constitution. Volume I, section 449.
CONSTITUTION--Continued.
(11) Provisions Relating to the Member.--Qualifications of--Continued.
In 1882, in a sustained case, the major opinion of the Elections
Committee inclined to the view that the constitutional qualifications
for a Member did not apply to a Delegate. Volume I, section 473.
Discussion of the effect in the matter of qualifications of Delegates
of a law extending the Constitution over a Territory. Volume I, section
473.
In 1856 the House decided that a State might not add to the
qualifications prescribed by the Constitution for a Member. Volume I,
section 415.
In 1856 the Senate decided that a State might not add to the
qualifications prescribed by the Constitution for a Senator. Volume I,
section 416.
In 1884 the House reaffirmed its position that a State may not add to
the qualifications prescribed by the Constitution for a Member. Volume
I, section 417.
(12) Relating to Veto Messages.
Votes by yeas and nays and veto messages of the President are required
by the Constitution to be spread on the Journal. Volume IV, section
2726.
The constitutional mandate that the House ``shall proceed to
reconsider'' a vetoed bill has been held not to preclude a motion to
postpone consideration to day certain. Volume IV, sections 3542-3547.
A veto message may not be returned to the President of the United
States. Volume IV, section 3521.
A veto message of the President may not be read in the absence of
aquorum, even though the House be about to adjourn sine die. Volume IV,
section 3522.
A motion ot adjourn was held in order, Although if carried the effect
would have been to prevent for the session the consideration of a veto
message of the President. Volume IV, section 3523.
(13) As to the Quorum.
Elaborate discussion by Senate committee of effect of the
constitutional provision that ``a majority of each House shall
constitute a quorum.'' Volume I, section 630.
Out of conditions arising between 1861 and 1891 the rule was
established that a majority of the members chosen and livign
constitutes the quorum required by the Constitution. Volume IV,
sections 2885-2888
A call of the House is in order both under the general parliamentary
law and the Constitution. Volume IV, section 2981.
(14) Provisions as to Impeachments.
Treason, bribery, or other high crimes and misdemeanors require removal
of President, Vice-President, or other civil officers on conviction by
impeachment. Volume III, section 2001.
Impeachable offenses are not confined to acts interdicted by the
Constitution or the Federal Status but include also acts not commonly
defined as criminal or subject to indictment. Volume VI, section 545.
Impeachments are exempted from the constitutional requirement of trial
by jury. Volume III, section 2002.
Cases of impeachment are excluded by the Constitution from the offenses
for which the President may grant reprieves and pardons. Volume III,
section 2003.
The sole power of impeachment is conferred on the House of
Representatives by the Constitution. Volume III, section 2025.
The sole power of trying impeachments is conferred on the Senate by the
Constitution. Volume III, section 2055.
In 1868 the Senate eliminated from its rules all mention of itself as a
``high court of impeachment.'' Volume III, section 2079.
CONSTITUTION--Continued.
(14) Provisions as to Impeachments--Continued.
Senators sitting for an impeachment trial are required by the
Constitution to be on oath or affirmation. Volume III, section 2055.
The Constitution requires the Chief Justice to preside when the
President of the United States is tried before the Senate. Volume III,
section 2055.
A person convicted in an impeachment trial is still liable, under the
Constitution, to the punishment of the courts of law. Volume III,
section 2055.
The Constitution limits judgment in impeachment cases to removal from
office and disqualification to hold office. Volume III, section 2055.
``Two-thirds of the Members present'' are required by the Constitution
for conviction on impeachment. Volume III, section 2055.
In the Blount impeachment the managers contended, although in vain,
that all citizens of the United States were liable to impeachment.
Volume III, section 2315.
Elaborate argument of the question whether or not a Senator is a civil
officer within the meaning of the impeachment clause of the
Constitution. Volume III, section 2316.
The Senate decided that it had no jurisdiction to try an impeachment
against William Blount, a Senator. Volume III, section 2318.
Summary of provisions of State constitutions relating to impeachment
and removal by address. Volume III, section 2023.
(15) Provisions as to the Suffrage.
The electors choosing Members of the House must have the qualifications
requisite for electors of the most numerous branch of the State
legislature. Volume I, section 297.
The Constitution defines what shall constitute citizenship of the
United States and of the several States. Volume I, section 419.
All persons born or naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the United States and of the
State wherein they reside. Volume I, section 298.
The rights of citizens of the United States to vote shall not be denied
or abridged on account of race, color, or previous condition of
servitude. Volume I, section 299.
Since the enfranchisement of women constitutional provisions relating
to apportionment are to be read in connection with the nineteenth
amendment. Volume VI, section 54.
Where many persons are disfranchised by an unconstitutional election
law, the House will not bring them into the account on the mere opinion
of witnesses as to the number. Volume II, section 1066.
Where an unconstitutional State law disfranchises a large class, the
House prefers to measure the wrong rather than declare a vacancy.
Volume II, section 1075.
The ordinary provisions of the Australian ballot system for placing
names of candidates on the ticket is hardly a violation of section 1,
Article XIV of the Constitution relating to equal protection of the
laws. Volume II, section 1063.
(16) As to Times, Places, and Manner of Election.
The times, places, and manager of elections of Representatives are
prescribe by the State legislatures, but Congress may make or alter
such regulations. Volume I, section 507.
Reference to discussions of the constitutional provision as to fixing
the time, etc., of elections (footnote). Volume I, section 507.
The constitution of a State may not control its legislature in fixing,
under the Federal Constitution, the time of elect of election of
Congressmen. Volume I, section 525.
A question as to the right a constitutional convention of a State to
fix the time for election of Representatives in Congress. Volume I,
section 524.
A question as to whether or not a State might make the time of election
of Congressmen contingent on the time of the State election. Volume I,
section 522.
The House has sworn in on a prima facie showing Members-elect chosen at
an election, the day, etc. of which was fixed by the schedule of a
constitution adopted on the on the election day. Volume I, section 520
CONSTITUTION--Continued.
(16) As to Times, Places, and Manner of Election--Continued.
Discussion as to the retroactive effect of the schedule of a new State
constitution, whereby a date for election of Congressmen was fixed.
Volume I, section 522.
Representatives elected at the time the constitution of a new State was
adopted were seated after the State was admitted to the Union. Volume
I, section 519.
Indorsement of the principle that a State may elect Representatives on
a general ticket, even though the law of Congress requires their
election by districts. Volume I, section 519.
There being rival claimants to a seat, elected on days different but
each constitutionally fixed, the House declared the seat vacant. Volume
I, section 518.
The executive of a State issues writs of election to fill vacancies in
its representation in the House. Volume I, section 515.
Examination of the term ``vacancy'' as used in the Federal Constitution
to empower a State executive to issue writs for an election. Volume I,
section 518.
Discussion of power of a State executive to call an election to fill a
vacancy, although the State law did not provide for the contingency.
Volume I, section 518.
An election to fill a vacancy, called by the governor in pursuance of
constitutional authority, was held valid, although no State law
prescribed time, place, or manner of such election. Volume I, section
517.
In electing a Senator the state legislature acts under the authority of
the Federal Constitution, and a State constitution and laws conflicting
therewith are void. Volume I, section 632.
A legislature in selecting a Senator may act under the law as an
assemblage of legislators, rather than as two organized legislative
bodies. Volume I, section 358.
The Committee on Election of President, Vice-President, and
Representatives in Congress has reported proposed constitutional
amendments providing for election of Senators by the people and the
disqualification of polygamists as Representatives. Volume IV, section
4300.
Decisions of State tribunals are not binding on Congress for the
reasons that State election laws are made Federal laws by the Federal
Constitution. Volume VI, section 91.
Prior to the adoption of the seventeenth amendment to the Constitution
the primary was no part of the election of a United States Senator.
Volume VI, sections 84, 85.
(17) Of the States as Affecting Elections.
A new State constitution being recognized by State authorities and by
Congress in the reception of Representatives, the House will not
question it in an election case. Volume II, section 870.
The Elections Committee declined to consider an allegation that an
election, otherwise unimpeached, was invalid because the constitution
of the State was void. Volume I, section 754.
An argument that an election held under an unconstitutional State law
might yet be considered by the House as an election de facto. Volume
II, section 1071.
Where the validity of a State's election system was questioned, the
House merely declared contestant not elected, and did not declare
sitting Member entitled to the seat. Volume II, section 1135.
The House declined to invalidate an election because a State
constitution had established qualifications of voters in disregard of
reconstruction legislation. Volume II, section 1134. Volume VI, section
142.
Affirmation of the conclusion that the House would not invalidate an
election because a State had disregarded reconstruction legislation as
to qualifications of voters. Volume II, section 1135.
Discussion as to the effect of an alleged unconstitutional registration
law in an election case. Volume I, section 720.
Discussion of the claim that a law practically disfranchising the
ignorant in certain portions only of a State violated a constitutional
provision that ``elections shall be free and equal.'' Volume II,
section 1133.
CONSTITUTION--Continued.
(17) Of the States as Affecting Elections--Continued.
Where acts violative of the provisions of a State constitution do not
appear to have changed the result, the House is not justified in
declaring the seat vacant. Volume VI, section 155.
Where voting by electors who had not paid a poll tax, although in
violation of the State constitution, was permitted by common consent,
the committee strongly condemned the practice but did not recommend
rejection of such voters. Volume VI, section 155.
Votes of persons assisted in the preparation of their ballots, in
violation of the provisions of the State constitution, are void and
should not be counted. Volume VI, section 158.
Votes of persons failing to pay toll taxes as required by State
constitution should not be counted. Volume VI, section 158.
Requirements of State constitution that voters be registered on
application in their own handwriting only, held to be mandatory and
registration of voters, without written application as provided by
State constitution is void. Volume VI, section 158.
Where provisions of the State constitution forbidding registration
unless able to read and write were generally ignored, the committee, in
an inconclusive case, censured the procedure but did not recommend
invalidation of the vote. Volume VI, section 155.
Failure to enforce the provisions of a State constitution, when
acquiesced in by candidates and electors without heinous circumstances
or injustice and without effect in altering the result, does not of
itself suffice to vitiate the election. Volume VI, section 155.
(18) Not the Duty of the Speaker to Construe.
It is not the duty of the Speaker to construe the Constitution as
affecting proposed legislation. Volume II, sections 1255, 1318-1320.
Volume VI, section 250. Volume VIII, sections 2225, 3031, 3427.
It is the duty of the Speaker to put a motion in order under the rules
and practice without passing on its constitutional effect. Volume IV,
section 3550.
In determining whether the personal interest of a Member in the pending
question is such as to disqualify him from voting thereon a distinction
has been drawn between those affected individually and those affected
as a class. The question as to whether a Member's personal interest is
such as to disqualify him from voting is a question for the Member
himself to decide and the Speaker will not rule against the
constitutional right of a Member to represent his constituency. Volume
VIII, section 3071.
(19) General Questions Relating to.
The Constitution provides for the annual meeting of Congress. Volume I,
section 1. Volume VI, section 1.
The Executive has successfully opposed as unconstitutional an effort of
the two Houses to fix by law the time of adjournment of Congress.
Volume V, section 6688.
The question as to whether or not the House in its procedure is bound
by a law passed by a former Congress. Volume IV, section 3298.
As instance wherein the President signed a bill after the adjournment
of Congress. Volume IV, section 3497.
The Supreme Court affirmed the validity of an act presented to the
President while Congress was sitting and signed by him within ten days,
but after the Congress had adjourned for a recess. Volume IV, section
3495.
It is for the House and not the Speaker to decide whether or not a
Senate amendment on the subject of revenue violates the privileges of
the House. Volume II, section 1320.
The question as to whether or not a law of Congress creating Delegates
is binding on the House in succeeding Congresses. Volume I, section
473.
The Constitution requires the House to keep and publish a Journal,
excepting from publication such parts as require secrecy. Volume IV,
section 2726.
Provisions of the Constitution governing proceedings of the House in
electing a President. Volume III, section 1981.
CONSTITUTION--Continued.
(19) General Questions Relating to--Continued.
The elective officers of the House are sworn to support the
Constitution and discharge their duties faithfully. Volume I, section
187.
Discussion by a Senate committee of the effect in an election case of a
decision by a State court construing a provision of the State
constitution. Volume I, section 630.
The courts and not Congress constitute the proper forum in which to
test the constitutionality of a State constitution. Volume VI, section
130.
Propositions relative to the constitutionality of bills pending in the
House, and questions as to the constitutionality of recommendations
submitted by the President, are subjects within the jurisdiction of the
Committee on the Judiciary. Volume VII, section 1759.
As to the meaning of the words ``freedom of speech'' as used in the
first amendment to the Constitution. Volume VI, section 57.
As to the meaning of the words ``aid or comfort'' as used in the
fourteenth amendment to the Constitution. Volume VI, section 57.
Refusal by the Senate to seat a claimant pending an investigation does
not deprive the State of its ``equal suffrage in the Senate,'' within
the purview of the Constitution. Volume VI, section 348.
CONSTITUTIONAL CONVENTION.
A legislature being in existence, a constitutional convention may not
fix the times, etc., of elections of Representatives. Volume I, section
363, 367.
In 1864 the Elections Committee were divided as to seating persons
chosen under authority of a constitutional convention in a State
recently in insurrection. Volume I, section 381.
Instance wherein a constitutional convention in a State undergoing
reconstruction authorized the election of Members of Congress in
anticipation of the sanction of Federal law. Volume I, section 388.
CONSTITUTIONAL PREROGATIVE:
(1) Speaker does not decide as to.
(2) Questions as privilege arising as to.
(3) As related to organization.
(4) As related to the adoption of rules.
(5) Authority over Members.
(6) Power to punish for contempt.
(7) As to sessions and adjournment of Congress.
(8) Power of investigation.--In general.
(9) Power of investigation.--Right to compel testimony in legislative
inquiry.
(10) Power of investigation.--As related to privacy of the individual.
(11) Power of investigation.--As related to State authority.
(12) As related to the Executive.--Questions of privilege.
(13) As related to the Executive.--Approval of bills.
(14) As related to the Executive.--Appointment of officers.
(15) As related to the Executive.--Electoral count.
(16) As related to the Executive.--Foreign affairs generally.
(17) As related to the Executive.--Treaties generally.
(18) As related to the Executive.--Revenue treaties.
(19) As related to the Executive.--Inquiries.
(20) As related to the Executive.--Calling for papers.
(21) As related to the Executive.--Advice and requests.
(22) As related to the Executive.--Praise and censure.
(23) As related to the Senate.--Conferences.
(24) As related to the Senate.--Indian treaties.
(25) As related to the Senate.--Revenue measures.
(26) As related to the Senate.--Appropriation bills.
CONSTITUTIONAL PREROGATIVE--Continued.
(27) As related to elections.--In general.
(28) As related to elections.--House regards State laws.
(29) As related to elections.--Binding effect of decisions of State
courts.
(30) As related to elections.--Validity of State laws.
(31) As related to elections.--State canvass and returns.
(32) As related to elections.--House not bound by law regulating
contests.
(33) As related to elections.--Conflicts with State laws.
(34) As related to elections.--Fixing times, places, and manner.
(35) As to impeachments.--In general.
(36) As to impeachments.--House alone impeaches.
(37) As to impeachments.--Nature of power.
(38) As to impeachments.--Senate alone tries.
(39) As to impeachments.--Does the Senate sit as a court?
(40) As to impeachments.--Powers of the Senate.
(41) As to impeachments.--Chief Justice as presiding officer.
(42) As to impeachments.--Who are ``civil officers.''
(43) As to impeachments.--``High crimes and misdemeanors'' considered.
(44) As to impeachments.--Indictable offenses.
(45) As to impeachments.--Resignation after.
(1) Speaker Does Not Decide as to.
It is for the House and not the Speaker to determine whether or not a
proposed action is within the constitutional power of the House. Volume
IV, section 3507.
It is for the House and not the Speaker to decide whether or not the
constitutional prerogatives of the House have been invaded. Volume II,
section 1491.
It is for the House and not the Speaker to pass on a question relating
to the constitutional prerogatives of the House. Volume II, section
1490.
(2) Questions of Privilege Arising as to.
The ordinary rights and functions of the House under the Constitution
are exercised in accordance with the rules without precedence as
matters of privilege. Volume III, section 2567.
A proposition relating to the constitutional prerogatives of the House
has always been considered a question of privilege. Volume II, section
1529.
It being alleged that the constitutional prerogatives of the House were
invaded by certain Senate amendments to a bill, the question of
privilege was raised before the bill came up for consideration. Volume
II, section 1491.
A resolution relating to an alleged invasion of the prerogatives of the
House presents a question of privilege. Volume II, sections 1487, 1488.
As to time of making points of order on constitutional questions.
Volume II, section 1322.
(3) As Related to Organization.
A discussion as to whether or not the House is a House before its
organization. Volume I, section 82.
Reference to discussion of the permanent and temporary conditions of
Senate and House, respectively, as organized bodies (footnote). Volume
IV, section 4445.
Effect of a provision of law as related to the constitutional right of
the House to choose its own officers. Volume IV, section 3819.
It has been decided that, notwithstanding the requirements of the act
of 1789, the House may proceed to business before the election of a
Clerk. Volume I, section 242.
In 1867 the law of 1789 was considered as binding the House to elect a
Clerk before proceeding to business. Volume I, section 241.
A question has arisen as to whether or not the House, in the face of
the provision of law, may proceed to business before the election of a
Clerk. Volume I, section 243.
CONSTITUTIONAL PREROGATIVE--Continued.
(3) As Related to Organization--Continued.
The House has held, notwithstanding the law of 1789, that it may adopt
rules before electing a Clerk. Volume I, section 245.
In one or two cases it has been held that the Clerk may not entertain a
motion to correct the roll which he makes up under the law. Volume I,
sections 22-24.
(4) As Related to the Adoption of Rules.
The Constitution confers on the House the power to determine the rules
of its proceedings. Volume V, section 6741.
Discussion by the Supreme Court of the power of the House to make its
own rules. Volume V, section 6755.
In exercising its constitutional power to change its rules the House
has confined itself within certain limitations. Volume V, section 6756.
Volume VIII, section 3376.
Congress may not by law interfere with the constitutional right of a
future House to make its own rules. Volume I, section 82.
The validity of a law passed by a preceding Congress which proposes to
govern the House as to its rules or its organization is doubtful.
Volume V, sections 6765, 6766.
A law passed by a prior Congress may not authorize legislation--like
the specifying of contracts--on a general appropriation bill as against
a rule of the existing House forbidding such legislation. Volume IV,
section 3579.
A law passed by the then existing Congress was recognized by the House
as of binding force in matters of procedure. Volume V, sections 6767,
6768.
The Speaker held it his duty to proceed in accordance with the
mandatory provision of a law in the enactment of which the then
existing House had concurred. Volume II, section 1341.
The rule requiring petitions to be sent to the Clerk's desk is no
invasion of the constitutional right of petition. Volume IV, section
3314.
The rules of one House of Representatives are not binding on a
succeeding House, directly or indirectly, unless adopted by the latter
House. Volume V, section 6002.
(5) Authority Over Members.
The Constitution provides for the punishment and expulsion of Members.
Volume III, section 2670.
Question as to the right of the House to interfere for the protection
of Members who without the Hall get into difficulties disconnected with
their official duties (footnote). Volume III, section 2678.
An appeal of a Member to the President for protection was considered
derogatory to the privileges of the House. Volume III, section 2680.
The constitutional power of the House to compel the attendance of
absent Members is not confined to cases wherein there is a lack of a
quorum. Volume IV, sections 2985-2987.
The power of the House to deprive one of its Members of the right to
vote on any question is doubtful. Volume V, section 5952.
The Congress may by law impose certain restrictions on the conduct of
Senators and Representatives without conflicting with the fundamental
idea of the Constitution. Volume II, section 1282.
There is no necessary connection between the conviction of a Senator
under section 1782, Revised Statutes, and the right of the Senate to
punish one of its Members. Volume II, section 1282.
In 1921 the House questioned the constitutional right of a Member to
accept a commission in the United States Army. Volume VI, section 62.
(6) Power to Punish for Contempt.
Decision of the Supreme Court affirming the right of the House to
punish John Anderson for contempt. Volume II, section 1607.
CONSTITUTIONAL PREROGATIVE--Continued.
(6) Power to Punish for Contempt--Continued.
The attempt in 1876 to punish Hallet Kilbourn for declining to testify
before a committee resulted in a decision of the Supreme Court denying
that the House has an unlimited power to punish for contempt of its
authority. Volume II, section 1611.
In the Kilbourn case the court held that no witness could be punished
for contumacy except in an inquiry which the House has power to make.
Volume II, section 1611.
In the Chapman case the Supreme Court held that the power to punish for
contempt remains with each House in cases to which its power properly
extends. Volume II, section 1614.
Discussion of the power of the House to punish for a breach of its
privileges. Volume II, section 1606.
Each House possesses the inherent power of self-protection. Volume II,
section 1614.
The power of the House to punish for contempt is limited to the cases
expressly defined by the Constitution. Volume II, section 1611.
Discussion as to the right of the House to punish for a contempt not
committed in its actual presence. Volume II, section 1619.
The House is without constitutional jurisdiction to punish summarily
for contempt in certain cases. Volume VI, section 534.
While power to punish contempt is not expressly granted to Congress by
the Constitution, it has the implied power to preserve itself and to
deal by way of contempt with direct obstruction to its legislative
duties. Volume VI, section 534.
The House is empowered under the Constitution to punish as a contempt
against it a breach of its privileges committed by assault on one of
its Members for words spoken in debate. Volume VI, section 332.
Argument that the parliamentary law as to contempt does not apply to
the House. Volume II, section 1619.
Discussion of the right of the House to punish for contempt, with
references to English precedents. Volume III, section 1667.
The power to punish contempt vested in the House of Commons is not
conferred by the Constitution upon Congress. Volume VI, section 534.
Discussion of the power of the House to issue a general warrant. Volume
II, section 1606.
In a case where the House has the right to punish for contempt, its
officers may not be held liable for the proper discharge of ministerial
functions in connection therewith. Volume III, section 1713.
A writ of habeas corpus being served on the Sergeant-at-Arms, who held
the witness Irwin in custody for contempt, the House, after
consideration, prescribed the form and manner of return. Volume III,
section 1691.
While confined in jail for contempt, the witness Kilbourn was released
by habeas corpus proceedings, the court intimating that the punishment
of law superseded the right of the House to punish. Volume II, section
1610.
The House ordered spread on its Journal a paper in which Samuel Houston
protested against the right of the House to punish him for contempt.
Volume II, section 1619.
(7) As to Sessions and Adjournments of Congress.
The First Congress having met once in each of its two years of
existence, a doubt existed as to whether or not it would legally meet
again on the day appointed by the Constitution. Volume I, section 5.
In the later but not the earlier practice the fact that Congress has
met once within the year does not make uncertain the constitutional
mandate to meet on the first Monday of December. Volume I, sections 10,
11.
In 1797 the Congress assembled on the day constitutionally provided by
law, although it had already held a session that year. Volume I,
sections 6-9.
The First Congress by law appointed for its second meeting a day later
than the day fixed by the Constitution. Volume I, section 5.
CONSTITUTIONAL PREROGATIVE--Continued.
(7) As to Sessions and Adjournments of Congress--Continued.
Instance wherein Congress in adjourning fixed by resolution the time of
meeting of the next session on the constitutional day. Volume I,
section 5.
Early Congresses having by law met on a day earlier than the
constitutional day, remained in continuous session to a time beyond
that day. Volume I, sections 6-9.
Early Congresses, convened either by proclamation or law on a day
earlier than the constitutional day, remained in continuous session to
a time beyond that day. Volume I, sections 10, 11.
In the later view an existing session ends with the day appointed by
the Constitution for the regular annual session. Volume II, section
1160.
In the later Congresses it has been established both by declaration and
practice that a special session, whether convened by law or
proclamation, ends with the constitutional day for annual meeting.
Volume V, sections 6690-6693.
Reference to questions arising in the Senate as to recess appointments
in a case wherein one session followed its predecessor immediately.
Volume V, section 6693.
Reference to discussion of the constitutional power of the President to
adjourn Congress in a certain contingency (footnote). Volume I, section
12.
Instances wherein Congress has been convened by proclamation or by law.
Volume I, sections 10, 11.
Discussion as to whether or not there is a distinction between a
session called by the President and other sessions of Congress
(footnote). Volume I, section 12.
Instances of laws fixing the time of annual meeting of Congress. Volume
I, section 5.
Instance wherein a law convening Congress specified the hour as well as
the day. Volume I, sections 10, 11.
A special session continuing until the constitutional day for annual
meeting ends automatically on that date. Volume VIII, section 3375.
The term ``adjournment'' as used in the constitutional provision does
not refer exclusively to the final adjournment of the Congress, but
includes the adjournment of an intermediate session as well. Volume
VII, section 1115.
(8) Power of Investigation.--In General.
The right and duty of the House to inquire into the manner of
expenditure of public money by the executive branch was early asserted.
Volume III, section 1726.
Having the constitutional right to concur in appropriating the public
money, the House has exercised also the right to examine the
application of those appropriations. Volume III, section 1730.
The House very early overruled the objection that its inquiry into the
conduct of clerks in the executive departments would be an infringement
on the Executive power. Volume III, section 1729.
In 1792 the House declined to request the President to inquire into the
causes of the defeat of General St. Clair's army, and asserted its own
right to make the investigation. Volume III, section 1725.
In 1810 the House, after mature consideration, determined that it had
the right to investigate the conduct of General Wilkinson, although he
was not an officer within the impeaching power of the House. Volume
III, section 1727.
The House having investigated charges against General Wilkinson of the
Army, the results were transmitted to the President by the hands of a
committee. Volume III, section 1727.
In 1861 the two Houses, by concurrent action, assumed without question
the right to investigate the conduct of the war. Volume III, section
1728.
While a committee of the House reported it inexpedient for the House to
investigate the charges of a subordinate against a captain in the Navy,
they expressly asserted the power of the House so to do. Volume III,
section 1743.
CONSTITUTIONAL PREROGATIVE--Continued.
(8) Power of Investigation.--In General--Continued.
In the Irwin case the House asserted its authority, as grand inquest of
the Nation, to investigate, with the attendant right of punishment for
contempt, in case of offenses in a preceding Congress. Volume III,
section 1690.
The two Houses by concurrent resolution constituted a joint select
committee of investigation, with power to send for persons and papers
and sit during the recess of Congress. Volume III, sections 1763, 1764.
Discussion of the extent of the Senate's power of investigation. Volume
III, section 1722.
(9) Power of Investigation.--Right to Compel Testimony in Legislative
Inquiry.
The House, after extended discussion, assumed the right to compel the
attendance of witnesses in an inquiry entirely legislative in its
character. Volume III, sections 1816-1820.
The Senate has authorized the compulsory attendance of witnesses in
legislative inquiries. Volume III, sections 1814, 1815.
The right to coerce the attendance of witnesses in an inquiry for
legislative purposes was discussed in the Hyatt case. Volume III,
section 1722.
It is presumed that in the eliciting of testimony the Senate will
observe all constitutional restraints. Volume VI, section 347.
The Senate having sole authority under the Constitution to judge of the
election returns and qualifications of its members, may exercise in its
own right the incidental power of compelling the attendance of
witnesses without the aid of a statute. Volume VI, section 349.
Each House of Congress has power through its own process to summon a
private individual before one of its committees to give testimony which
will enable it the more efficiently to exercise its constitutional
legislative function. Volume VI, section 342.
(10) Power of Investigation.--As Related to Privacy of the Individual.
The House does not possess the general power to inquire into the
private affairs of the citizen. Volume II, section 1611.
The general authority of the House to compel testimony and the
production of papers in an investigation, and the relation of this
right to the rights of individuals to privacy in business affairs were
discussed in 1837. Volume III, section 1733.
In authorizing an investigation of the Bank of the United States in
1832 a distinction was drawn between the public relations of the bank
to the Government and its dealings with private individuals. Volume
III, section 1731.
In 1834 the directors of the Bank of the United States resisted the
authority of the House to compel the production of books of the bank
before an investigating committee. Volume III, section 1732.
The investigation of the Bank of the United States in 1834 was objected
to on the ground that it involved a general search of the affairs of
private individuals. Volume III, section 1732.
An inquiry as to the integrity of Senators was held to be within the
power of the Senate, and questions relating thereto were not
unreasonable intrusions into the affairs of the citizen. Volume II,
section 1614.
(11) Power of Investigation.--As Related to State Authority.
A subject being within the power of the House to investigate, it was
held that State officers might not decline to produce records on the
plea that they possessed them in their official capacities. Volume III,
section 1698.
Discussion of the effect of a State law as a limitation on the right of
the House to investigate. Volume III, section 1696.
(12) As Related to the Executive.--Questions of Privilege.
A resolution that the rights and dignity of the House have been invaded
by the Executive presents a question of privilege. Volume III, section
2565.
CONSTITUTIONAL PREROGATIVE--Continued.
(12) As Related to the Executive.--Questions of Privilege--Continued.
A resolution implying that the constitutional rights of the House may
have been invaded by the Executive presents a question of privilege.
Volume III, section 2563.
(13) As Related to the Executive.--Approval of Bills.
In 1842 a committee of the House discussed the act of President Jackson
in writing above his signature of approval a memorandum as to his
construction of the bill. Volume IV, section 3492.
The act of President Tyler in filing with a bill an exposition of his
reasons for signing it, was examined and severely criticized by a
committee of the House. Volume IV, section 3492.
(14) As Related to the Executive.--Appointment of Officers.
The power of appointment to office belongs to the President, and
Congress by law may not declare one an officer who is not such in fact.
Volume II, section 1595.
Reference to President's protest against assumption by the House of the
right to designate the officers who should disburse appropriations
(footnote). Volume IV, section 4032.
In 1842 the House, after discussion, abandoned a proposition to pass on
the authority of the President to appoint commissions of investigations
without the sanction of law. Volume II, section 1585.
(15) As Related to the Executive.--Electoral Count.
In 1893 a question was raised as to the constitutional force of the
electoral act of 1887. Volume III, section 1960.
The Houses of Congress do not have, in counting the electoral vote, the
power to inquire into the circumstances under which the primary vote
for Presidential electors is given in a State. Volume III, section
1977.
Precedents of the House and Senate in relation to notifying the
President-elect and Vice-President-elect of their elections. Volume
III, section 2000.
A bill related to the constitutional functions of the House in counting
the electoral vote was held to be highly privileged. Volume III,
section 2578.
In 1877 the privileges, powers, and duties of the two Houses,
respectively, in connection with the electoral count were carefully
examined. Volume III, section 1953.
(16) As Related to the Executive.--Foreign Affairs Generally.
The House has declared its ``constitutional right to an authoritative
voice in declaring and prescribing the foreign policy of the United
States as well in the recognition of new powers as in other matters.''
Volume II, section 1539.
The House has usually had a voice in the recognition of the
independence of a foreign nation, when such recognition has affected
relations with another power. Volume II, sections 1541-1544.
Arguments in the Senate that the power of recognizing foreign
governments is vested in the President. Volume II, section 1545.
The joint resolution of 1898 declaring the intervention of the United
States to remedy conditions existing in the island of Cuba originated
in the House. Volume II, section 1540.
An authorization of diplomatic relations with a foreign nation
originated in the House in 1882. Volume II, section 1549.
Discussion as to the right of the House to withhold an appropriation to
pay the expenses of diplomatic agents appointed by the Executive.
Volume II, sections 1546, 1547.
While not questioning the right of the House to decline to appropriate
for a diplomatic office, President Grant protested against its
assumption that it might give directions as to that service. Volume II,
section 1548.
Congratulations of the House on the adoption of a republican form of
government by Brazil. Volume II, section 1550.
CONSTITUTIONAL PREROGATIVE--Continued.
(16) As Related to the Executive.--Foreign Affairs Generally--
Continued.
Resolutions originating in the House and making an exchange of
compliments with certain republics were disapproved by President Grant
as infringing on Executive prerogative. Volume II, section 1556.
Instance wherein a foreign executive declined to communicate to the
legislative assembly of the nation certain resolutions of the House of
Representatives. Volume B, section 7221.
The power of the President to appoint diplomatic representatives to
foreign governments and to determine their rank is derived from the
Constitution and may not be circumscribed by statutory enactments.
Volume III, section 1248.
A statute prohibiting the creation of new ambassadorships except by act
of Congress is in contravention of the President's constitutional
prerogatives and will not support a point of order against an
appropriation for the salary of an ambassadorship not created by act of
Congress but appointed by the President and confirmed by the Senate.
Volume VII, section 1248.
(17) As Related to the Executive.--Treaties Generally.
Discussion of the right of the House to share in the treaty-making
power. Volume II, section 1509.
The House sometimes requests the Executive to negotiate a treaty,
although the propriety of the act has been questioned. Volume II,
sections 1514-1517.
In 1796 the House affirmed that when a treaty related to subjects
within the power of Congress, it was the constitutional duty of the
House to deliberate on the expediency of carrying such treaty into
effect. Volume II, section 1509.
In 1816, the House, after discussion with the Senate, maintained its
position that a treaty must depend on a law of Congress for its
execution as to such stipulations as relate to subjects
constitutionally intrusted to Congress. Volume II, section 1506.
In 1868, after discussion with the Senate, the House's assertion of
right to a voice in carrying out the stipulations of certain treaties
was conceded in a modified form. Volume II, section 1508.
Instances of the action of the House in carrying into effect,
terminating, enforcing, and suggesting treaties. Volume II, sections
1502-1505.
In 1820 the House considered, but without result, its constitutional
right to a voice in any treaty ceding territory. Volume II, section
1507.
In 1868 the House declined to assert that no purchase of foreign
territory might be made without the sanction of a previously enacted
law. Volume II, section 1508.
President Washington, in 1796, declined the request of the House that
he transmit the correspondence relating to the recently ratified treaty
Great Britain. Volume II, section 1509.
In 1822 the House called generally and specifically for papers relating
to the treaty of Ghent, and obtained them, although the Executive
advised against their publication. Volume II, sections 1512, 1513.
The House has requested the President to lay before it information as
to the carrying out and the violation of treaties, and the information
has been furnished. Volume II, sections 1510, 1511
In 1848 President Polk declined, on constitutional grounds, to honor
the unconditional request of the House for a copy of the instructions
to the minister sent to negotiate a treaty with Mexico. Volume II,
sections 1518, 1519
(18) As Related to the Executive.--Revenue Treaties.
After long and careful consideration the Judiciary Committee of the
House decided, in 1887, that the executive branch of the Government
might not conclude a treaty affecting the revenue without the assent of
the House. Volume II, sections 1528-1530.
CONSTITUTIONAL PREROGATIVE--Continued.
(18) As Related to the Executive.--Revenue Treaties--Continued.
In 1884 and 1886 the Ways and Means Committee assumed that the right of
the House to a voice in making treaties affecting the revenues had been
conceded. Volume II, sections 1526, 1527.
In 1880 the House declared that the negotiation of a treaty affecting
the revenues was an invasion of its prerogatives. Volume II, section
1524.
In 1871 the House asserted its right to a voice in carrying into effect
treaties on subjects submitted by the Constitution to the power of
Congress. Volume II, section 1523.
The House maintains that customs duties may not be changed otherwise
than by an act of Congress originated by itself. Volume II, section
1531.
Discussion of the prerogatives of the House in relation to treaties,
commercial and otherwise. Volume II, sections 1546, 1547.
Approvals by Congress of reciprocity treaties affecting customs duties.
Volume II, section 1531.
In 1844 the Senate took the view that the constitutional method of
regulating duties was by act of Congress rather than by treaty. Volume
II, section 1532.
Argument that duties are more properly regulated with the publicity of
Congressional action than by treaties negotiated by the Executive and
ratified by the Senate in secrecy. Volume II, section 1532.
Reference to discussion in the Senate over right of the House to a
voice in making treaties affecting the revenue (footnote). Volume II,
section 1528.
In 1881 the House Committee on Foreign Affairs, discussing the treaty-
making power, concluded that the House had no share in it. Volume II,
section 1525.
The House has at times advised the Executive in regard to treaties
affecting the revenue. Volume II, sections 1520-1522.
Alleged infringement by the treaty-making power on the constitutional
right of the House to originate revenue measures prevents a question of
privilege. Volume III, section 2564.
(19) As Related to the Executive.--Inquiries.
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. Volume III, section 1895.
The House declared in 1796 that its constitutional requests of the
Executive for information need not be accompanied by a statement of
purposes. Volume II, section 1509.
The House of Representatives having appointed a committee to inquire
into the conduct of the President of the United States, and the
President having protested, the House insisted on its right so to do.
Volume II, section 1596.
In 1846 President Polk, for reasons of public policy, declined to
inform the House as to expenditures from the secret or contingent fund
of the State Department. Volume II, section 1561.
The House having asserted its right to direct the heads of the
Executive Departments to furnish information, the Secretary of War
returned an answer to a portion of the inquiry, declining to respond to
the remainder. Volume III, section 1886.
President Grant declined to answer an inquiry of the House as to
whether or not he had performed any Executive acts at a distance from
the seat of government. Volume III, section 1889.
The President having failed to respond to a resolution of inquiry the
House respectfully reminded him of the fact. Volume III, section 1890.
The Postmaster-General having responded to an inquiry in a manner
considered disrespectful, the Senate referred the matter to the
President, whereat an explanation was forthcoming. Volume III, section
1906.
The Senate returned to the Secretary of the Navy an impertinent
document transmitted in response to an inquiry. Volume III, section
1907.
The power of inquiry as related to the power of impeachment. Volume II,
section 1596.
CONSTITUTIONAL PREROGATIVE--Continued.
(20) As Related to the Executive.--Calling for Papers.
In 1837 a committee discussed the authority of the House in calling for
papers from the Executive Departments, and the kind of papers properly
subject to its demand. Volume III, section 1738.
In 1842 the House vigorously asserted and President Tyler as vigorously
denied the right of the House to all papers and information in
possession of the Executive relating to subjects over which the
jurisdiction of the House extended. Volume III, sections 1884, 1885.
Even in the case of an application for papers relating to an Indian
treaty President Jackson asserted the Executive prerogative as opposed
to the contention of the House. Volume II, section 1534.
In 1886 the refusal of the Attorney-General to transmit certain papers
called for by the Senate led to a discussion of prerogatives and
declaration by the Senate. Volume III, section 1894.
President Jackson declined to furnish to the Senate a copy of a paper
purporting to have been read by him to the heads of the Executive
Departments. Volume III, section 1887.
(21) As Related to the Executive.--Advice and Requests.
The House, either alone or in concurrence with the Senate, has by
resolution expressed opinions or determinations on important public
questions. Volume II, sections 1562-1568.
The two Houses requested the President to transmit to the States
forthwith certain proposed amendments to the Constitution. Volume V,
section 7043.
The House requested the President, if necessary, to afford military
protection to the Kansas Committee of 1856. Volume III, section 1752.
In cases where its investigations have suggested the culpability of
executive officers, the House has by resolution submitted advice or
requests to the Executive. Volume II, sections 1581-1584.
The House has at times adopted resolutions requesting or advising the
Executive as to matters within the sphere of his duties. Volume II,
sections 1573-1578.
An opinion of the Attorney-General that neither House may be resolution
give a construction to an existing law which would be of binding effect
on an executive officer. Volume II, section 1580.
(22) As Related to the Executive.--Praise and Censure.
While the House in some cases has bestowed praise or censure on the
President or a Member of his Cabinet, such action has at other times
been held to be improper. Volume II, sections 1569-1572.
(23) As Related to the Senate.--Conferences.
The two Houses being at variance over a question of constitutional
prerogative the differences were submitted to a committee of
conference. Volume II, section 1495.
There being a difference between the two Houses as to the right of the
Senate to originate a revenue bill, the subject was committed to a
conference. Volume II, sections 1487, 1488.
Instance of a conference over the prerogatives of the two Houses
respecting revenue legislation. Volume II, section 1485.
Instance wherein the House referred to the managers of a conference the
examination of the question whether or not the Senate amendments in
disagreement invaded the House's prerogative or originating revenue
bills. Volume V, section 6405.
In 1855 the House did not inform the Senate of the fact that it has
instructed its managers of a conference to consider an alleged invasion
of the House's prerogatives by the Senate amendments in disagreement.
Volume V, section 6406.
(24) As Related to the Senate.--Indian Treaties.
After long discussion the House in 1871 successfully asserted its right
to a voice in approving Indian treaties. Volume II, sections 1535,
1536.
CONSTITUTIONAL PREROGATIVE--Continued.
(25) As Related to the Senate.--Revenue Measures.
Revenue bills must originate in the House, but the Senate may concur
with amendments. Volume II, section 1480.
Argument that the treaty-making power is subject to the authority and
power to originate revenue legislation specially delegated by the
Constitution to the House. Volume VI, section 324.
The question of the constitutional right of the House to originate
revenue measures is properly raised at any time after the measure
infringing the right has been messaged to the House. Volume VI, section
318.
In 1930 the House insisted on its exclusive right to originate revenue
measures and returned to the Senate a Senate concurrent resolution
characterized as an infringement on its constitutional prerogative.
Volume VI, section 319.
It is for the House and not the Speaker to decide whether or not a
Senate amendment on the subject of revenue violates the privileges of
the House. Volume II, section 1320.
Instances wherein the Senate has acquiesced in the constitutional
requirement as to revenue bills, while holding to a broad power of
amendment. Volume II, sections 1497-1499.
The House having questioned a Senate amendment providing a tax on
incomes on a non-revenue bill, the Senate withdrew the amendment.
Volume II, section 1486.
A bill to abolish a duty was refused consideration in the Senate, one
objection being that the Senate had no right to originate such a
measure. Volume II, section 1483.
In 1830 a bill affecting the revenue was presented in the Senate and
withdrawn, after a discussion of the constitutional question.Volume II,
section 1482.
After a full but unconclusive conference with the Senate, the House
reaffirmed its own exclusive right to originate revenue measures.
Volume II, sections 1487, 1488.
Discussion of the privilege of the House and Senate, respectively, in
relation to revenue bills. Volume II, section 1488.
In 1807 the House refused to agree to Senate amendments enlarging the
scope of a revenue bill. Volume II, section 1481.
In 1872 the House and Senate, after discussion, disagreed as to
limitations of Senate amendments to a revenue bill of the House. Volume
II, section 1489.
In 1889 Senate amendments to a House revenue bill were questioned in
the House as an infringement of the House's privilege. Volume II,
section 1496.
Instance wherein proposed Senate amendments to a revenue bill were
questioned in the House as an invasion of the constitutional
prerogatives in relation to revenue legislation. Volume VI, section
322.
The Senate having insisted on its right to add a revenue amendment to
an appropriation bill, the House declined to proceed further with the
bill. Volume II, section 1485.
The Senate having added certain revenue amendments to a nonrevenue
House bill, the House ordered the bill to be returned to the Senate.
Volume II, section 1495.
The House, while disclaiming the establishment of a precedent, sent to
conference a bill declared to involve a question of infringement of the
constitutional prerogative of the House in the origination of revenue
legislation. Volume VI, section 318.
The Senate having passed a bill with incidental provisions relating to
revenue, the House returned the bill, holding it to be an invasion of
prerogative. Volume II, section 1494.
A bill raising revenue incidentally was held not to infringe upon the
constitutional prerogative of the House to originate revenue
legislation. Volume VI, section 315.
Arguments in the Senate as to the limits of the prerogatives of the
House in relation to revenue legislation. Volume II, section 1494.
Instance wherein a Senate amendment affecting the revenue was not
objected to until the stage of conference. Volume II, section 1492.
A question relating to the invasion of the constitutional prerogatives
of the House by a Senate amendment comes too late after the bill has
been sent to conference. Volume VI, section 314.
CONSTITUTIONAL PREROGATIVE--Continued.
(25) As Related to the Senate.--Revenue Measures--Continued.
In 1883 the House raised but did not press a question as to certain
Senate amendments relating to the revenue. Volume II, section 1491.
In 1874 the House declined to take issue with the Senate over an
amendment of that body authorizing certain Government obligations.
Volume II, section 1490.
Early instances of Senate and House participation in revenue
legislation. Volume II, section 1484.
Discussion of the prerogatives of the Senate as to treaties affecting
customs duties. Volume II, section 1531.
(26) As Related to the Senate.--Appropriation Bills.
In 1885 the House, after learned debate, declined to investigate the
power of the Senate to originate bills appropriating money. Volume II,
section 1501.
Discussion by a committee of the House of the constitutional right of
the Senate to originate bills appropriating money from the Treasury.
Volume II, section 1500.
(27) As Related to Elections.--In General.
The House is the judge of the elections, returns, and qualifications of
its own Members. Volume I, section 634.
The jurisdiction of the House of Representatives over election matters
is limited to the constitutional right to judge election returns and
qualifications of its own Members, and does not extend to elections in
general. Volume VI, section 136.
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. Volume I, section 423.
The House decided that it might investigate all matters pertaining to
the election of a Delegate, including the constitution of the
legislature which provided for the election. Volume I, section 826.
The Constitution requires election of Representatives by the people,
and State authorities may not determine a tie by lot. Volume I, section
775.
The courts of a State have nothing to do with judging the elections,
qualifications, and returns of Representatives in Congress. Volume II,
section 959.
Discussion of the powers of the Senate under the constitutional
authority to judge the elections and returns of its Members. Volume I,
section 352.
A decision of the Senate, made after examination of all the facts as to
election of a Senator, is judicial in its nature and final, precluding
further inquiry. Volume I, section 546.
Under its constitutional right to judge elections, returns, and
qualifications, the Senate may inquire into the personal fitness of a
man elected by a State; the manner of his election; and whether votes
cast for him by members of the legislature were procured through
bribery; but may not inquire into the personal character of the
legislators themselves. Volume VI, section 105.
A State legislature may not revise a decision of the United States
Senate that two persons have been duly elected Senators. Volume I,
section 546.
Discussion by a House committee as to the power of the House to impose
qualifications not enumerated in the Constitution. Volume I, section
484.
In the case of Brigham H. Roberts the House assumed its right to impose
a qualification not specified by the Constitution, and excluded him.
Volume I, section 477.
No State may prescribe qualifications for a United States Senator in
addition to those prescribed by the Federal Constitution. Volume I,
section 632.
An opinion of an Elections Committee that the House may not delegate to
another tribunal its constitutional duty of judging the elections of
its own Members. Volume I, section 608.
Reference to inquiry as to existence of a republican form of government
in a State. Volume I, section 346.
CONSTITUTIONAL PREROGATIVE--Continued.
(27) As Related to Elections.--In General--Continued.
Discussion as to the clause of the Constitution under which Federal
supervisors of elections acted. Volume II, section 931.
The House has declared that an election committee should act as a
judicial body, according to the rules of law. Volume I, section 635.
Decision of the Supreme Court that the corrupt practices act
prohibiting Members of Congress from accepting certain contributions
from Federal employees is constitutional. Volume VI, section 68.
The Supreme Court invalidated, as unconstitutional, a Federal statute
requiring sworn statements of receipts and expenditures and limiting
the amount of money which might be used in procuring nomination as
candidate for Representative or Senator. Volume VI, section 69.
The English law under which a minority candidate succeeds to a vacancy
resulting from the disqualification of the majority candidate is not
applicable under the Constitution. Volume VI, section 59.
(28) As Related to Elections.--House Regards State Laws.
The House in judging on elections returns and qualifications should, by
reason of the functions delegated to the States, be governed by certain
State laws. Volume I, section 822.
The Elections Committee felt bound to follow a State law as it stood,
although inadequate to secure honesty from election officers. Volume
II, section 967.
In construing State election laws not construed by the State courts the
Elections Committee should recommend such construction as to give full
effect to the clear intent of the legislature. Volume II, section 1056.
Where the State prescribes the manner of election, may the House
disregard an arbitrary State law which denies expression to the voter's
intent? Volume II, section 1078.
Although the intent of the voter be entirely plain, the House will
follow a State law, arbitrary but mandatory, which requires rejection
of the ballot. Volume II, section 1078.
Is the House in its function of judging elections to be precluded by an
arbitrary State law from determining the intent of the voter? Volume
II, section 1078.
Where the State law specifically required rejection of a ballot whereof
the scratching of a name failed to mark two-thirds thereof, the House
approved rejection. Volume II, section 1078.
The House should not count a bribed vote, although no State law may
require its rejection. Volume II, section 1125.
Votes of paupers were rejected, although the attorney-general of the
State had given an opinion that they were legal voters therein. Volume
II, section 876.
Discussion of the right of Congress by legislative declaration to
deprive citizens of a State of their rights as electors. Volume II,
section 865.
(29) As Related to Elections.--Binding Effect of Decisions of State
Courts.
The House should be governed by the construction given to a State law
by the supreme court of the State. Volume II, section 1048.
After examination of precedents the Committee on Elections and the
House followed the interpretation of a State law given by the highest
court of the State. Volume I, section 645.
As to the duty of the House, in an election case, to follow the
judgment of a State court rather than their own precedents. Volume II,
section 1041.
Discussion as to the binding effect on the House of the decision of a
State court as to a State law. Volume II, section 1042.
Discussion as to the nature of a judicial construction of a State law
bearing on the duty of the House to accept it in an election case.
Volume II, section 1002.
Discussion of the doctrine that the House should follow decisions of
the State courts construing the election laws of a State. Volume I,
section 731.
CONSTITUTIONAL PREROGATIVE--Continued.
(29) As Related to Elections.--Binding Effect of Decisions of State
Courts--Continued.
Should the House defer to a decision of a State court applicable to the
case in issue as to its reasoning but only analogous as to facts?
Volume II, section 996.
The House does not consider itself necessarily bound by the
construction which a State court puts on the State law regulating
times, places, and manner, etc. Volume II, section 959.
In a contested-election case involving alleged fraud by election judges
the acquittal of those judges in the courts is not an adjudication
binding on the House. Volume II, section 1019.
The question raised as to the right of the House to determine the rule
as to evidence it will receive, even though State law and decisions are
alleged to prescribe a rule. Volume II, section 1121.
Discussion of the theory that State election laws are Federal laws for
Congressional elections, and that constructions by State courts must
yield to the precedents of the House if there be conflict. Volume II,
section 1105.
An argument that under certain conditions the House might be justified
in overruling a State court's decision that a State election law is
constitutional. Volume II, section 1071.
Extent to which the House, in an election case, should defer to
decision of a State court that a State law is void. Volume II, section
856.
Ordinarily a decision of the State supreme court that the State
election law is constitutional is held conclusive by the House. Volume
II, section 1071.
Although a State law prescribed a qualification obnoxious to the State
constitution, the House held the law constitutional in deference to the
decision of the State court. Volume II, section 1051.
Discussion of the authority of a decision of a State court over the
determinations of the Senate in judging of the elections of its
members. Volume I, section 346.
Discussion as to how far the Senate, in considering an election case,
should follow a decision of a State court as to the competency of the
legislature. Volume I, section 352.
A committee denied the binding effect on the House of a decision of a
Territorial court on a question of fact concerning the qualifications
of a Delegate. Volume I, section 423.
(30) As Related to Elections.--Validity of State Laws.
A new State constitution being recognized by State authorities and by
Congress in the reception of Representatives, the House will not
question it in an election case. Volume II, section 870.
The Elections Committee declined to consider an allegation that an
election, otherwise unimpeached, was invalid because the constitution
of the State was void. Volume I, section 754.
A new State constitution withholding suffrage from persons not able to
take an oath of loyalty was held valid and not in the nature of an ex
post facto law. Volume I, section 869.
It being charged that the State laws establishing qualifications of
voters violated the reconstruction laws and the Constitution of the
United States, a divided committee considered the question one for the
courts. Volume I, section 644.
The House declined to invalidate an election because a State
constitution had established qualifications of voters in disregard of
reconstruction legislation. Volume II, section 1134.
The House in determining its election cases passes on the validity of
State laws under State constitutions. Volume II, section 1011.
It is not the policy of the House of Representatives to pass upon the
validity of State election laws alleged to be in conflict with the
State constitution. Volume VI, section 151.
The election laws of a State are assumed to be valid and constitutional
until tested and declared otherwise by a proper tribunal. Volume VI,
section 127.
The Supreme Court, and not Congress, is the proper tribunal to
determine the constitutionality of a State's election system. Volume
VI, section 128.
CONSTITUTIONAL PREROGATIVE--Continued.
(30) As Related to Elections.--Validity of State Laws--Continued.
The constitutionality of a State's election laws being challenged, the
House declared contestant not elected without passing on the title of
the sitting Member to his seat. Volume VI, section 128.
Instance wherein the House determined that a State registration law was
obnoxious to the State constitution. Volume II, section 1126.
As to the duty of the House to pass on the constitutionality of a State
law as to the qualifications of voters. Volume II, section 1134.
The House, overruling its committee, declared the seat vacant in a case
wherein thousands of voters were kept from the polls by what it deemed
an unconstitutional registration law. Volume II, section 1126.
The House will count the votes of electors denied their right of
suffrage by a registration law which it deems unconstitutional and not
passed on by the State courts. Volume II, section 1075.
Discussion of the respective powers of Congress and the States in
establishing Congressional districts. Volume I, section 310.
May the State delegate to a municipality the power to regulate the
manner of holding an election? Volume II, section 975.
(31) As Related to Elections.--State Canvass and Returns.
Returns of State officers are not binding on the House, which may go
behind all returns in determining final right. Volume I, section 538.
The House is not confined to the conclusions of returns made up in
strict conformity to State law, but may examine the votes and correct
the returns. Volume I, section 774.
The House cannot be precluded from going behind the returns by the fact
that a State law gives canvassers the right to reject votes for fraud
or illegality. Volume II, section 887.
The House may canvas the returns and declare the result, although the
required State canvass may not have been made. Volume II, section 1087.
A question as to whether the House should reject votes for
irregularities not sufficient to cause their rejection under State law.
Volume II, section 759.
(32) As Related to Elections.--House Not Bound by Law Regulating
Contests.
The law of 1851 regulating the conduct of contests in election cases is
not of absolute binding force on the House, but rather a wholesome rule
not to be departed from except for cause. Volume I, section 597.
While not bound by the law governing procedure in election cases, the
House does not unnecessarily disregard them. Volume I, section 719.
While constitutional provisions exempt the House from the operation of
the law relating to the taking of testimony in election cases, such law
is binding upon the parties thereto. Volume VI, section 164.
A discussion as to the power of the House to disregard the provisions
of the law governing election contests. Volume I, section 726.
Discussion of the principle that the House is not bound by any statute
in exercising its prerogatives of judging the elections of its Members.
Volume I, section 713.
In 1856 the idea was advanced that the House was not bound to proceed
in an election case according to the law of 1851. Volume I, section
825.
It was conceded in 1858 that the House was not necessarily bound by the
law of 1851 in judging the elections, returns, and qualifications of
its Members. Volume I, section 833.
Instance wherein the House by resolution removed the contested election
cases of a State from the operation of the law and prescribed a
different procedure. Volume I, section 330.
CONSTITUTIONAL PREROGATIVE--Continued.
(32) As Related to Elections.--House Not Bound by Law Regulating
Contests--Continued.
Discussion as to the extent to which the House is bound by the
technical law as to taking evidence in an election case. Volume II,
section 1122.
The evidence in an election case conducted according to law being
insufficient, the House authorized its committee to take additional
testimony. Volume I, section 711.
(33) As Related to Elections.--Conflicts with State Laws.
A notary taking testimony in an election case under the Federal law has
jurisdiction within the district, although State law may restrict his
functions to a county. Volume II, section 1064.
May a notary, acting under the authority of the law of 1851, require
the production of ballots against the injunction of the State court?
Volume II, section 1070.
Discussion of the House's right to judge of the elections and returns
of its Members as related to State laws. Volume I, section 637.
(34) As Related to Elections.--Fixing Times, Places, and Manner.
Discussion of the respective powers of Congress and the States in
fixing the times, places, and manner of elections. Volume I, sections
311, 313.
Argument that right of a State to regulate time, place, and manner is
derived from the Federal and not the State constitution. Volume II,
section 947.
The State legislature, in fixing the place of election, may condition
the place on the movements of soldier voters. Volume II, section 856.
The House declined to interfere with the act of a State in changing the
boundaries of a Congressional district. Volume I, section 313.
Is the establishing of districts an exercise of the power of regulating
the times, places, and manner of elections? Volume I, section 310.
In electing a Senator the State legislature acts under authority of the
Federal Constitution, and a State constitution and laws conflicting
therewith are void. Volume I, section 632.
A legislature is not precluded from its constitutional power to elect a
Senator by the fact that it may not do so on the date fixed by law.
Volume II, section 955.
Discussion of the meaning of the word ``legislature'' in the clause of
the Constitution relating to fixing the place, etc., of elections.
Volume II, section 856.
Reference to the principle that in exercise of the powers conferred by
the Federal Constitution the State legislature is not controlled by the
State constitution. Volume II, section 1133.
A legislature being in existence, a constitutional convention may not
fix the times, etc., of elections of Representatives. Volume I,
sections 363, 367.
The constitution of a State may not control its legislature in fixing,
under the Federal Constitution, the time of election of Congressmen.
Volume I, section 525.
Discussion as to the power of a State convention to fix the time for
election of Representatives in Congress when the legislature had
already acted. Volume I, section 522.
The House held valid an election called on a date fixed by a State
constitution, although the legislature had had an opportunity to fix
the times, etc. Volume II, section 846.
May a State constitution fix the times, etc., beyond control of the
legislature? Volume II, section 846.
May a State legislature, in fixing times, etc., for elections disregard
the requirements of the State constitution? Volume II, section 856.
(35) As to Impeachments.--In General.
In 1837 a committee took the view that the House might inquire into
alleged corrupt violations of duty by the Executive only with
impeachment in view. Volume III, section 1740.
President Jackson resisted with vigor the attempt of a committee of the
House to secure his assistance in an investigation of his
Administration. Volume III, section 1737.
CONSTITUTIONAL PREROGATIVE--Continued.
(35) As to Impeachments.--In General--Continued.
Reference to argument of Senator Charles Sumner that President Johnson
should be suspended during impeachment proceedings. Volume III, section
2407.
At the time of the impeachment of President Johnson it was conceded
that he was entitled to exercise the duties of the office until
convicted by the Senate. Volume III, section 2407.
At the time of President Johnson's impeachment it was agreed that he
should be described as President and not as acting President. Volume
III, section 2415.
In the Blount impeachment case the House seems to have distrusted its
power to authorize the Speaker to administer oaths. Volume III, section
2294.
Discussion as to the competency of the Senate to empower one of its
officers to administer oaths. Volume III, section 2162.
Reference to general authorities on the subjects connected with
impeachments. Volume III, section 2008.
Debate as to whether or not the Constitution requires both removal and
disqualification on conviction by impeachment. Volume III, section
2397.
(36) As to Impeachments.--House Alone Impeaches.
The sole power of impeachment is conferred on the House of
Representatives by the Constitution. Volume III, section 2025.
The Commons are considered, in English practice, as having in
impeachment cases the function of a grand jury. Volume III, section
2004.
(37) As to Impeachments.--Nature of Power.
In the Colfax case the majority of the Judiciary Committee contended
that the power of impeachment was rather remedial than punitive. Volume
III. Volume 2510.
Discussion of the nature of the impeaching power with reference to
American and English precedents. Volume III, section 2405.
A statement as to the sentiments of the House on the nature of the
power of impeachment during the first and second attempts to impeach
President Johnson. Volume III, section 2416.
Argument of Mr. Thaddeus Stevens that impeachment is a purely political
proceeding. Volume III, section 2410.
The argument of Mr. Manager Campbell, in the Chase trial, on the nature
of power of impeachment. Volume III, section 2356.
Argument of Mr. Robert G. Harper, counsel for Mr. Justice Chase, on the
nature of the power of impeachment. Volume III, section 2362
The argument of Mr. Manager Rodney on the nature of the power of
impeachment. Volume III, section 2358.
The argument of Mr. Manager Nicholson on the nature of the power of
impeachment. Volume III, section 2357.
The argument of Mr. Manager Randolph on the nature of the power of
impeachment. Volume III, section 2359.
Argument of Mr. Joseph Hopkinson, counsel for Mr. Justice Chase, on the
nature of power of impeachment. Volume III, section 2360.
Argument of Mr. Luther Martin, counsel for Mr. Justice Chase, on the
nature of the power of impeachment. Volume III, section 2361.
Argument of Mr. Manager Wickliffe on the constitutional provisions
relating to impeachment. Volume III, section 2380.
Argument of Mr. Manager Buchanan on the nature of impeachable offenses.
Volume III, section 2381.
Argument of Mr. Manager Spencer on the nature of impeachable offenses.
Volume III, section 2379.
CONSTITUTIONAL PREROGATIVE--Continued.
(37) As to Impeachments.--Nature of Power--Continued.
Argument that impeachment should not fail simply because the offense
may be within jurisdiction of the courts. Volume III, section 2314.
Discussion as to the right to demand a trial by jury in a case of
impeachment, section III, section 2313.
Discussion as to whether or not a civil officer may be impeached for an
offense committed prior to his term of office. Volume III, section
2510.
Counsel for respondent in the Swayne trial 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.
Volume III, section 2125.
(38) As to Impeachments.--Senate Alone Tries.
The sole power of trying impeachment is conferred on the Senate by the
Constitution. Volume III, section 2055.
The Senate in 1868, when certain States were without representation,
declined to question its competency to try an impeachment case. Volume
III, section 2060.
The Senate declined to await the consultation of the managers with the
House before hearing evidence as to Judge Pickering's sanity. Volume
III, section 2334.
In the Blount impeachment the House in conference asked of the Senate
an earlier return day of the summons; but the request was denied.
Volume III, section 2304.
(39) As to Impeachments.--Does the Senate Sit as a Court?
In the first impeachment the Senate by rule described itself as a court
of impeachment. Volume III, section 2307.
Discussion as to the status of the Senate as a court during an
impeachment trial. Volume III, section 2270.
In 1840 the Senate, sitting as a high court of impeachment, considered
and adopted rules for the trial. Volume III, section 2099.
In 1868, after mature consideration, the Senate decided that it set for
impeachment trials as the Senate and not as a court. Volume III,
section 2057.
In 1868 the Senate eliminated from its rules all mention to itself as a
``high court of impeachment.'' Volume III, sections 2079, 2082.
The reasons for eliminating from the Senate rules for impeachment
trials the words ``high court.'' Volume III, section 2098.
An anxiety lest the Chief Justice might have a vote seems to have led
the Senate to drop the word ``high court of impeachment'' from its
rules. Volume III, section 2057.
In his answer President Johnson referred to the Senate as a court.
Volume III, section 2428.
Enunciation of Mr. Senator Sumner's theory that the Senate was not a
court and the Senators were not constrained by the obligations of
judges in an impeachment trial. Volume III, section 2057.
The Senate, as a Senate and not as a court, adopted rules for the
Johnson trial, but on the insistence of the Chief Justice adopted them
when organized for the trial. Volume III, section 2057.
(40) As to Impeachments.--Powers of the Senate.
The Senate committee advised in Pickering's case that the Senate had
the sole power to regulate forms, substances, and proceedings when
acting as a court of impeachment. Volume III, section 2324.
During the Johnson trial the functions of the Senate, sitting for an
impeachment trial, were discussed by managers and counsel for
respondent. Volume III, section 2058.
Written dissent of the Chief Justice from views taken by the Senate as
to its constitutional functions in an impeachment trial. Volume III,
section 2057.
It was concluded by a Senate Committee in Pickering's impeachment that
the Senate had no power to take into custody the body of the accused.
Volume III, section 2324.
CONSTITUTIONAL PREROGATIVE--Continued
(40) As to Impeachments.--Powers of the Senate--Continued.
Discussion as to the power of the Senate, sitting in impeachment
trials, to command assistance of the military, naval, or civil service
of the United States. Volume III, section 2158.
Discussion as to the power of the Senate, sitting in impeachments, to
enforce its final judgment. Volume III, section 2158.
The answer of Judge Swayne as to the first seven articles raised a
question as to the jurisdiction of the Senate to try the charges.
Volume III, section 2481.
The Senate decided that it had jurisdiction to try the Belnap
impeachment case, although the respondent had resigned the office.
Volume III, section 2459.
The Senate by majority rule vote assumed jurisdiction to try the Belnap
impeachment, although protest was made that a two-thirds vote was
required. Volume III, section 2059.
In the Belknap trial the right of the Senate to take jurisdiction by a
majority vote was the subject of protest. Volume III, section 2461.
(41) As to Impeachments.--Chief Justic as Presiding Officer.
When the President of the United States is impeached the Chief Justice
of the Supreme Court presides. Volume III, section 2082.
Discussions of the functions of the Chief Justice in decisions as to
evidence in an impeachment trial. Volume III, section 2084.
During the Johnson trial Chief Justice Chase gave a casting vote on
incidental questions, and the Senate declined to declare his incapacity
to vote. Volume III, section 2067.
Discussion as to whether or not the Chief Justice presiding at an
impeachment trial is entitled to vote. Volume III, section 2098.
The Senate in its rules has refrained from prescribing an oath for the
Chief Justice when he presides at an impeachment trial. Volume III,
section 2079.
In the Johnson trial the articles of impeachment were presented before
the Chief Justice had taken his seat, although he had filed his written
dissent from such procedure. Volume III, section 2057.
(42) As to Impeachments.--Who are ``Civil Officers''?
Elaborate argument of the question whether or not a Senator is a civil
officer within the meaning of the impeachment clause of the
Constitution. Volume III, section 2316.
The Senate decided that it had no jurisdiction to try an impeachment
against William Blount, Senator. Volume III, section 2318.
William Blount pleaded that he as not at the time of pleading a
Senator, and that a Senator was not impeachable as a civil officer.
Volume III, section 2310.
William Blount in his plea demurred to the jurisdiction of the Senate
to try him on impeachment charges. Volume III, section 2310.
In the Blount impeachment the managers contended, although in vain,
that all citizens of the United States were liable for impeachment.
Volume III, section 2315.
In the Belnap trial the managers and counsel for respondent agreed that
a private citizen, apart from offense in an office, might not be
impeached. Volume III, section 2007.
Opinion of Attorney-General Felix Grundy that Territorial urges are not
civil officers of the United States within the meaning of the
impeachment clause of the Constitution. Volume III, section 2022.
In 1833 the Judiciary Committee held that a Territorial judge was not a
civil officer of the United States within the meaning of the
Constitution. Volume III, section 2493.
A question as to whether a vice-counsel-general is such an officer as
is liable to impeachment. Volume III, section 2515.
A committee of the House by majority report held a commissioner of the
District of Columbia not be a civil officer subject to impeachment
under the Constitution. Volume VI, section 548.
CONSTITUTIONAL PREROGATIVE--Continued
(43) As to Impeachments.--``High Crimes and Misdemeanors'' Considered.
Elaborate discussion of meaning of the words ``high crimes and
misdemeanors.'' Volume III, section 2406.
Discussion of the meaning in English parliamentary law and in the
Constitution, of the phrase ``high crimes and misdemeanors'' as applied
to judicial conduct. Volume III, section 462.
Review of the deliberations of the constitutional convention as bearing
on the use of the words ``high crimes and misdemeanors.'' Volume III,
section 2018.
Argument that the phrase ``high crimes and misdemeanors'' is a ``term
of art,'' of fixed meaning in English parliamentary law, and
transplanted to the Constitution in unchangeable significance. Volume
III, section 2009.
Reference to discussions as to what are impeachable offenses. Volume
III, section 2008.
Views of the minority of the Judiciary Committee in 1830, as to
offenses amounting to high misdemeanor. Volume III, section 2492.
Definitions of impeachable offenses by counsel for President Johnson.
Volume III, section 2433.
As to what are impeachable offenses, was a subject of argument in the
Watrous case. Volume III, section 2498.
As reported from the committee the articles impeaching President
Johnson were confirmed to a few acts, chiefly concerning Secretary
Stanton. Volume III, section 2416.
Arguments from review of English impeachments that the phrase ``high
crimes and misdemeanors'' as applied to judicial conduct must mean only
acts of the judge while sitting on the bench. Volume III, section 2013.
The second investigation of Judge Boarman having revealed an absence of
bad intent in his censurable acts, the committee and the House decided
against impeachment. Volume III, section 2518.
An argument that judges may be impeached from any breach of good
behavior. Volume III, section 2497.
The House, without division, voted to impeach Judge Delahay for
improper personal habits. Volume III, section 2505.
A question as to the authority of Congress to make nonresidence of a
judge an impeachable offense. Volume III, section 2512.
The majority of the Judiciary Committee recommended the impeachment of
Judge Busteed, principally for nonresidences. Volume III, section 2512.
Argument that Congress might not by law make nonresidence a high
misdemeanor in a judge. Volume III, section 2014.
Answer to the argument that Congress might not make nonresidence a high
misdemeanor. Volume III, section 2015.
Discussion of usurpation of power as a ground for impeachment. Volume
III, section 2509.
A majority of the Judiciary Committee reported in favor of impeaching
Judge Durell, principally for usurpation of power. Volume III, section
2508.
The first attempt to impeach President Johnson was based on the salient
charge of usurpation of power, with many specification. Volume III,
section 2404.
(44) As to Impeachments.--Indictable Offenses.
Whether or not an offense must be indictable under a statute in order
to come within the impeaching power was discussed fully in that first
attempt to impeach President Johnson. Volume III, section 2405.
In the first attempt to impeach President Johnson the minority of the
Judiciary Committee held that an indictable offense must be charged.
Volume III, section 2406.
The question whether impeachment must be confined to indictable
offenses was in issue as to the second report favoring impeachment of
President Johnson. Volume III, section 2410.
CONSTITUTIONAL PREROGATIVE--Continued.
(44) As to Impeachments.--Indicatable Offenses--Continued.
On the tenth and eleventh articles in the Johnson impeachment the
House, after debate, concluded to impeach for other than indictable
offenses. Volume III, section 2418.
Although the charges in the articles impeaching President Johnson were
at first narrowed to a few charges, there was a protest against the
theory that only an indictable offense was impeachable. Volume III,
section 2416.
The counsel for Mr. Justice Chase argued elaborately that the power of
impeachment applied only to indictable offenses. Volume III, sections
2360-2362.
The managers of the Chase impeachment resisted strenuously the argument
that impeachment might be invoked only for indictable offenses, Volume
III, section 2356.
In the arguments in the Peck trial the managers resisted the theory
that impeachment might be only for indictable offenses. Volume III,
sections 2379-2381.
(45) As to Impeachments.--Resignation After.
The committee reported a resolution for the impeachment of Secretary
Belknap, although they had been informed of his resignation of the
office. Volume III, section 2444.
The House, after a review of English precedents, determined to impeach
Secretary Belknap, although he had resigned. Volume III, section 2445.
The Senate decided in 1876 that William W. Belknap was amenable to
trial, notwithstanding his resignation of the office before his
impeachment for acts therein. Volume III, section 2007.
Discussion as to effect of an officer's resignation after the House has
investigated his conduct but before it has impeached. Volume III,
section 2007.
Judge Irwin, having resigned before the report of and investigation,
the House discontinued proceedings. Volume III, section 2500.
CONSTITUTIONAL PRIVILEGE.
(1) Of the Member.--As to debate, etc.
(2) Of the Member.--Exemption from arrest.
(3) Of a person threatened with impeachment.
(4) Of matters in House procedure.--In general.
(5) Of matters in House procedure.--Invasioin of prerogatives.
(6) Of matters in House procedure.--Impeachments.
(7) Of matters in House procedure.--Census and apportionment.
(8) Of matters in House procedure.--Electoral count.
(9) Of matters in House procedure.--Vetoed bills.
(10) Of matters in House procedure.--Adjournments.
(1) Of the Member.--As to Debate, etc.
The Constitution guards Members from being questioned outside of the
House for speech or debate in the House. Volume III, section 2670.
The constitutional privilege as to ``any speech or debate'' applied
generally to ``things done in a session of the House by one of its
Members in relation to the business before it.'' Volume III, section
2675.
The constitutional immunity for words spoken in debate guarantees
exemption from questioning not only within but also without the courts.
Volume VI, section 332.
Discussion of the offense of questioning a Member ``in any other
place'' for words spoken in debate. Volume II, section 1655.
While a Member called to order for words spoken in debate is required
to relinquish the floor he may not be deprived of the constitutional
right to demand a quorum. Volume VIII, section 2547.
The House, after declining to expel, censured a Member for contempt in
assaulting another Member for words spoken in debate. Volume II,
section 1656.
CONSTITUTIONAL PRIVILEGE--Continued.
(1) Of the Member.--As to Debate, etc.--Continued.
Members have been summoned before committees to testify as to
statements made by them in debate, but Members have formally protested
that it was an invasion of their constitutional privilege. Volume III,
sections 1777, 1778. Volume VI, section 537.
(2) Of the Member.--Exemption from Arrest.
The Constitution grants to Members privilege from arrest under certain
conditions. Volume III, section 2670.
The words ``treason, felony, and breach of the peace'' in the
constitutional guaranty of privilege have been construed to mean all
indictable crimes. Volume III, section 2673.
A Member having been arrested and detained under mesne process in a
civil suit, the House liberated him and restored him to his seat by the
hands of its own officer. Volume III, section 2676.
The House had decided that a Member arrested during vacation was
entitled to discharge from arrest and imprisonment on their assembling
of Congress. Volume III, section 2676.
Instance wherein the court discussed and sustained the privilege of the
Member in going to and returning from the sessions of the House. Volume
III, section 2674.
The constitutional privilege of Members in the matter of arrest has
been construed to exempt from subpoena during sessions of Congress.
Volume VI, section 588.
The court in which a Members is challenged was held by the House to be
the proper forum in which a plead constitutional exemption and
privilege. Volume III, section 2164.
All criminal offenses are comprehended by the terms ``treason, felony,
and breach of the peace,'' as used in the Constitution excepting cases
from the operation of the privilege from arrest therein conferred upon
Senators and Representatives during their attendance at the sessions of
their respective Houses, and in going to and returning from the same.
Volume VI, section 589.
(3) Of a Person Threatened with Impeachment.
After consideration, a committee concluded that an official threatened
with impeachment was not in contempt for declining to be sworn as a
witness or to produce documentary evidence. Volume III, section 1699.
(4) Of Matters in House Procedure.--In General.
A legislative proposition, presented in obedience to a mandatory
provision of the Constitution, was held a involve a question of
privilege. Volume I, section 305.
In general a question of constitutional privilege may not be displaced
by other privileged matters. Volume III, section 2552.
An early instance in which a question of constitutional privilege was
held a superseded the business in order under the rules. Volume VII,
section 912.
While the House gives priority to the consideration of business made
privilege by constitutional mandate, it determined by its rules the
procedure of such consideration. Volume VI, section 48.
A matter of constitutional privilege takes precedence of a special
order. Volume III, section 2554.
A proposition involving a question of constitutional privilege may
supersede a pending motion to suspend the rules. Volume III, section
2553.
Motions to discharge committees from consideration of questions
privilege under the Constitution, as the right of a Member to his seat
or the right to consider a vetoed bill, frequently have been held in
order. Volume VIII, section 2316.
It has been held that an election case may not supersede the
consideration of a proposition of impeachment. Volume III, section
2581.
The constitutional provision for ordering the yeas and nays has always
been construed liberally in favor of the demand by any Member. Volume
III, section 3110.
CONSTITUTIONAL PRIVILEGE--Continued.
(4) Of Matters in House Procedure.--In General--Continued.
The right to demand the yeas and nays is a constitutional privilege
which may not be denied or abridged and may not be ruled out as
dilatory. Volume VIII, section 3107.
The constitutional right to demand the yeas and nays does not exist as
to the vote to second a motion when such second is required by the
rules. Volume VIII, section 3109.
A resolution declaring vacant the office of Speaker is presented as a
matter of high constitutional privilege. Volume VI, section 35.
(5) Of Matters in House Procedure.--Invasion of Prerogatives.
A resolution implying that the constitutional rights of the House may
have been invaded by the Executive presents a question of privilege.
Volume III, section 2563.
Suit having been filed against members of a joint committee, the House
granted permission to the members on the part of the House to enter
appearance in response to judicial process, while the Senate declared
it to be an invasion of constitutional privilege and directed the
Senate members of the committee to make no appearance in response
thereto. Volume VII, section 2164.
It being alleged that the constitutional prerogatives of the House were
invaded by certain Senate amendments to a bill, the question of
privilege was raised before the bill came up for consideration. Volume
II section 1491.
An alleged invasion by the Senate of the House's constitutional
prerogative of originating revenue legislation has been held in the
later practice to present a question of privilege. Volume III, sections
2559-2562.
It being alleged that the Senate had invaded the constitutional
prerogative of the House to originate appropriation bills, the Speaker
entertained the matter as of privilege. Volume III, section 2558.
It is for the House and not the Speaker to decide whether or not the
constitutional prerogatives of the House have been invaded. Volume II,
section 1491.
It is for the House and not the Speaker to decide whether or not a
Senate amendment to a revenue bill violates the privileges of the
House. Volume II, section 1322.
(6) Of Matters in House Procedure.--Impeachments.
A proposition to impeach a civil officer of the United States is
presented as a question of constitutional privilege. Volume III,
sections 2045-2048. Volume VI, sections 468, 469.
Impeachment is a question of constitutional privilege which may be
presented at any time, irrespective of previous action of the House.
Volume III, section 2053.
Dicta relating to the Constitutional privilege of a question of
impeachment. Volume VI, section 48.
A mere proposition to investigate the conduct of a civil officer is not
presented as a matter of constitutional privilege, even though
impeachment may be contemplated as a possibility. Volume III, section
2050.
A motion to refer impeachment charges was entertained as a matter of
constitutional privilege. Volume VI, section 549.
(7) Of Matters in House Procedure.--Census and Apportionment.
A bill relating to the taking of the census was held to be privileged
because of the constitutional requirement. Volume I, section 306.
Volume VI, section 49.
A bill making an apportionment of Representatives presents a question
of constitutional privilege. Volume I, sections 307, 308. Volume VI,
section 51.
The House decided that a joint resolution relating to the taking of the
census was not in order for consideration on Wednesday. Volume VII,
section 889.
The constitutional provision authorizing an apportionment act based
upon each succeeding census is not mandatory, but such enactments are
discretionary with Congress. Volume VI, ,section 54.
CONSTITUTIONAL PRIVILEGE--Continued.
(8) Of Matters in House Procedure.--Electoral Count.
A proposition relating to the counting of the electoral vote presents a
question of constitutional privilege. Volume III, sections 2573-2575.
A resolution relating to alleged fraud in connection with the electoral
count has been presented as a matter of privilege. Volume III, section
2577.
(9) Of Matters in House Procedure.--Vetoed Bills.
Dicta relating to the privilege accorded by the Constitution to the
consideration of a measure returned with the President's veto. Volume
VI, section 48.
The Constitution provides that the vote on reconsideration of a bill
returned with the President's objections shall be determined by yeas
and nays. Volume VII, section 1110.
Reconsideration of a bill returned with the objections of the President
is by constitutional mandate and takes precedence of business in order
on Calendar Wednesday. Volume VII, section 1095.
Resolutions relating to the disposition of bills passed over the veto
of the President have been treated as privileged. Volume IV, section
3530.
It is the usual but not invariable rule that a bill returned with the
objections of the President shall be read and considered at once.
Volume IV, sections 3534-3536.
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. Volume IV, section 3537.
A vetoed bill when laid on the table is still highly privileged and
thus justifies a motion to take it from the table and action thereon by
majority vote (footnote). Volume IV, section 3550.
A motion to discharge a committee from the consideration of a vetoed
bill presents a question of constitutional privilege and is in order at
any time. Volume IV, section 3532.
A resolution for the reenrollment and signing of a bill which the
President had declined to sign for constitutional reasons was held to
be privileged. Volume IV, section 3493.
While the ordinary motion to refer may be applied to a vetoed bill, it
is not in order to move to commit it pending the demand for the
previous question or after the previous question is ordered on the
constitutional question of reconsideration. Volume VII, section 1102.
The constitutional mandate that the House ``shall proceed to
reconsider'' a vetoed bill is complied with by laying it on the table,
referring it to a committee, postponing consideration to a day certain,
or immediately voting on reconsideration. Volume VII, section 1105.
A motion to refer a vetoed bill is allowable within the constitutional
mandate that the House ``shall proceed to reconsider.'' Volume VII,
section 1114.
The constitutional mandate that the House ``shall proceed to
reconsider'' a vetoed bill has been held not to preclude a motion to
postpone consideration to a day certain. Volume VII, section 1101.
(10) Of Matters in House Procedure.--Adjournments.
The privilege of a resolution providing for an adjournment of more than
three days is limited in its exercise. Volume V, section 6704.
A concurrent resolution extending the time of a recess of Congress
already determined on is privileged. Volume V, section 6705.
A simple resolution providing for an adjournment of the House for more
than three days and for asking the consent of the Senate thereto has
been ruled to be privileged. Volume V, sections 6702, 6703.
The motion to adjourn was held to have precedence of a motion
privileged under the Constitution. Volume VIII, section 2641.
A concurrent resolution fixing the time of final adjournment is offered
as a matter of constitutional privilege. Volume VIII, section 3365.
CONSTITUTIONAL PRIVILEGE--Continued.
(10) Of Matters in House Procedure.--Adjournments--Continued.
The term ``adjournment'' as used in the constitutional provision does
not refer exclusively to the final adjournment of the Congress, but
includes the adjournment of an intermediate session as well. Volume
VII, section 1115.
CONSTITUTIONAL RIGHT.
A Member who has failed to respond when his name was called may not as
a constitutional right demand that his vote be recorded before the
announcement of the result. Volume V, sections 6066-6068.
The demand of a Member for an alleged constitutional right was held to
be sufficiently journalized as a point of order. Volume IV, section
2852.
CONSTRUCTION OF LAWS, TREATIES, RULES, ETC.
(1) Of the Constitution.
(2) Of laws, Federal.
(3) Of laws, State.
(4) Of treaties.
(5) Of Rules of the House.
(6) Of resolutions of inquiry.
(1) Of the Constitution.
It is not the duty of the Chair to construe the Constitution as
affecting proposed legislation. Volume VI, section 250. Volume VIII,
sections 2225, 3427.
(2) Of Laws, Federal.
An opinion of the Attorney General that neither House may be resolution
give a construction to an existing law which would be of binding effect
on an executive officer. Volume II, section 1580.
Opinion of the Attorney General as to construction of the statute
forbidding Members being interested in contracts. Volume VI, section
225.
The phrase ``any political purpose'' in the Federal corrupt practices
act is construed to include a primary election. Volume VI, section 68.
Discussion of constructions placed upon the Australian ballot laws.
Volume VI, section 46.
Authority conferred by a statue ``To require the production of papers''
was construed to confer authority to require the production of ballots,
in an election held under the Australian ballot system. Volume VI,
section 186.
The title of an act is not law and is not considered in construing its
provisions. Volume VII, section 1254.
Legislation construing acts of Congress is within the jurisdiction of
the Committee on the Judiciary. Volume VII, section 1762.
A provision construing or interpreting existing law is legislation and
is not in order on an appropriation bill. Volume VII, section 1395.
In construing an act the intent of the Congress at the time of its
enactment is not taken into consideration when in conflict with the
express provisions of the law. Volume VII, section 1171.
Construction of the law authorizing the employment of mechanics and
laborers and other employees in the executive departments. Volume VII,
section 1317.
The organic law creating the Bureau of Mines, while general in
character, was construed as applying to the United States only, and
authorization conferred to investigate structural materials and fuels
is limited to those within the States and does not extend to those of
Alaska. Volume VII, section 1224.
CONSTRUCTION OF LAWS, TREATIES, RULES, ETC.--Continued.
(3) Of Laws State.
Constructin of Michigan corrupt-practices act. Volume VI, section 74.
While the House has often signified willingness to recognize
constructions placed upon State laws by State tribunals, the decisions
of State courts are not necessarily binding upon the House and will be
accepted only when commending themselves to favorable consideration.
Volume VI, section 143.
(4) Of Treaties.
Where provisions of a treaty are susceptible of conflicting
interpretations, questions of doubt are to be resolved in favor of the
more liberal construction. Volume VII, section 1139.
(5) Of Rules of the House.
An authorization of law for appropriations should be construed strictly
and any legitimate doubt as to authority for an appropriation should be
resolved in the negative. Volume VII, section 1216.
Authorization of an appropriation for investigation is not construed to
include authorization of an appropriation for demonstrating results of
such investigation. Volume VII, section 1259.
In constructing a legislative proposition purporting to reduce
expenditures, it is not within the province of the Chair to speculate
upon contingencies which might arise in the future to cause an increase
rather than a decrease, and if a reduction is apparent on the face of
the proposition it is in order. Volume VII, section 1541.
To come within the exception to the rule prohibiting legislation on an
appropriation bill, an amendment must show on its face a retrenchment
of expenditure, and the Chairman in in construing such amendment may
not surmise as to its possible or probable effect. Volume VII, section
1537.
A provision limiting executive discretion is construed as legislation.
Volume VI, section 240.
Opinion that the rule should be strictly construed in order to avoid
admission of ineligible legislative riders under guise of retrenchment
on general appropriation bills. Volume VII, section 1510.
In discussing questions of order the rule of relevancy is strictly
construed and debate is confined to the point of order and does not
admit reference to the merits of the pending proposition. Volume VIII,
section 3449.
Conference reports are strictly construed, conferees being restricted
to the literal difference between the two Houses and the insertion of
any extraneous matter, however slight its effect on the general purport
of the bill, is subject to a point of order. Volume VIII, section 3254.
(6) Of Resolutions of Inquiry.
The terms of a resolution creating and empowering a committee of
investigation have not always been strictly construed. Volume VI,
section 372.
The privilege of a resolution of inquiry, when in question, is strictly
construed. Volume VI, section 427.
A resolution inquiring ``Under the authority of what law'' certain
actions were taken, was construed to ask for facts rather than
opinions. Volume VI, section 426.
A resolution asking for the ``cost'' of an extended undertaking, and
audit of which might give rise to a difference of opinion, was
construed as a request for facts and not for opinions. Volume VI,
section 421.
CONSTUCTION OF PUBLIC WORKS.
(1) Jurisdiction of committees on.
(2) As related to general appropriations bills.
(1) Jurisdiction of Committees on.
The construction and maintenance, but not the rental, of equipment
necessary for river improvement are subjects within the jurisdiction of
the Committee on Rivers and Harbors. Volume VII, section 1835.
CONSTRUCTION OF PUBLIC WORKS--Continued.
(1) Jurisdiction of Committees on--Continued.
The construction of locks on navigable streams is a subject within the
jurisdiction of the Committee on Rivers and Harbors rather than that of
the Committee on Interstate and Foreign Commerce. Volume VII, section
1834.
The Committee on Interstate and Foreign Commerce exercises jurisdiction
over bills authorizing the construction of dams across navigable
streams. Volume VII, section 1831.
The construction of a memorial bridge 1 across a navigable stream is a
subject within the jurisdiction of the Committee on Interstate and
Foreign Commerce and not the Committee on the Library. Volume VII,
section 1812.
Legislation relating to the construction of bridges over boundary
streams between the United States and foreign countries have been
reported by the Committee on Interstate and Foreign Commerce. Volume
VII, section 1811.
Navigation of International boundary streams and the construction of
aids thereto have been considered by the Committee on Rivers and
Harbors. Volume VII, section 1843.
Legislation relating to establishment and operation of Federal Reserve
Banks, including authorization of construction of Federal Reserve bank
buildings, belongs within the jurisdiction of the Committee on Banking
and Currency. Volume VII, section 1793.
(2) As related to General Appropriation Bills.
The enactment establishing an institution was held not to authorize
construction of a new building therein. Volume VII, section 1267.
Appropriations for the improvement of an Indian reservation were held
to be authorized if for construction of roads within the reservation,
and unauthorized if for construction of roads beyond the reservation.
Volume VII, section 1221.
Law limiting the labor of inmates to duties necessary for the
construction and maintenance of an institution was held not to
authorize an appropriation for construction of additional buildings for
the institution. Volume VII, section 1267.
Statutory direction to establish a naval station was construed as
authorizing the paving of streets and erection of warehouses as
incidental thereto. Volume VII, section 1232.
An appropriation for the construction of national-park and national-
monument roads including necessary bridges was held to be sanctioned by
law. Volume VII, section 1218.
A proposition to authorize the construction of vessels for the Navy was
held to involve legislation. Volume VII, section 1440.
Overruling a former decision, the construction of a submarine cable in
extension of one already laid was held to be in continuation of a
public work. Volume VII, section 1348.
An appropriation for the construction of public bridges in the District
of Columbia was held to be the continuation of a public work. Volume
VII, section 1389.
A proposition for the construction of a public bathing beach in the
District of Columbia was ruled out of order as proposing legislation,
but an appropriation to provide bathing facilities in a public park in
the District was held to be in order as a continuation of work in
progress. Volume VII, section 1390.
An appropriation for construction of bridges on Indian reservations was
held not to be in continuation of work in progress. Volume VII, section
1385.
The construction of a road, although in extension of roads already
built, was held not to be in continuation of a public work. Volume VII,
section 1150.
The construction of a new building at a military post was held not to
be in continuation of a public work. Volume VII, section 1354.
Provision for the construction of a new bathhouse at the Naval Academy
was held not to be in order in an appropriation bill as a continuation
of a public work. Volume VII, section 1356.
The construction of a bridge on an Indian reservation was held not to
be a work in progress justifying an appropriation on an appropriation
bill. Volume VII, section 1341.
CONSULAR COURTS.
Bills creating courts of the United States in foreign countries are
within the jurisdiction of the Committee on Foreign Affairs. Volume IV,
section 4167.
CONSULAR SERVICE.
The general affairs of the consular service and the acquisition of land
and buildings for legislations in foreign capitals are within the
jurisdiction of the Committee on Foreign Affairs. Volume IV, section
4163.
The general affairs of the Consular Service and the acquisition of land
and buildings for legations in foreign capitals are within the
jurisdiction of the Committee on Foreign Affairs. Volume VII, section
1879.
An appropriation for transportation and subsistence of diplomatic and
consular officers en route to and from their posts was held to be in
order on an appropriation bill. Volume VII, section 1251.
While estimates by Secretary of State of appropriations for acquisition
of sites and buildings for diplomatic and consular establishments are
provided for by law, the submission of such estimate is not a condition
precedent to appropriation by Congress, and an appropriation bill.
Volume VII, section 1255.
CONSULTATION.
In the Senate sitting for impeachment trials the doors may be closed
for consultation on motion put and carried. Volume III, section 2095.
CONTEMPTS.
(1) Not defined.
(2) Immunity of Members for acts concerning.
(3) Power to punish for.
(4) Members in.--For assaults in the House.
(5) Members in.--For assaults in Committee of the Whole.
(6) Members in.--For disorderly words, etc.
(7) Acts against Members or the House.
(8) Disturbance of House, arrest of its officer, etc.
(9) Witnesses in.
(10) Refusal to produce papers.
(11) Cases of witnesses certified to the district attorney.
(12) Method of investigating cases of, among Members.
(13) Procedure generally.
(14) Arrests for.--Order of, warrant, etc.
(15) Arrests.--Instances of.
(16) Arraignments for.--General practice.
(17) Arraignments for.--Counsel for respondent.
(18) Arraignments for.--Respondent answers in writing.
(19) Arraignments for.--Oral answers sometimes permitted.
(20) Arraignments for.--Examination of witnesses.
(21) Imprisonment for.--House has power to provide.
(22) Imprisonment for.--Instances of, by the House.
(23) Imprisonment for.--Instances of, by the Senate.
(24) Imprisonment for.--Release by discharge, etc.
(25) Imprisonment for.--Release by habeas corpus.
(26) Methods of purging of.
(27) In general.
(1) Not Defined.
It was found inexpedient to define the offense of contempt of the House
by law and provide a punishment. Volume II, section 1598.
CONTEMPTS--Continued.
(1) Not Defined--Continued.
In the Nugent case in 1848 the court held that the Senate and House
were the sole judges of their own contempts. Volume II, section 1640.
Argument that the parliamentary law as to contempt does not apply to
the House. Volume II, section 1619.
The question of privilege arising from the duel between Jonathan Cilley
and William J. Graves. Volume II, section 1644.
The President by message complained to the House that his Secretary,
immediately after delivering a message to the House, had been assaulted
in the Capitol. Volume II, section 1615.
(2) Immunity of Members for Acts Concerning.
In a case where the House has the right to punish for contempt its
officers may not be held liable for the proper discharge of ministerial
functions in connection therewith. Volume III, section 1713.
In the case of Kilbourn v. Thompson the court affirmed the immunity of
Members of the House from prosecution on account of their action in a
case of alleged contempt. Volume III, section 2675.
The House has assumed the expenses incurred by Members and officers in
defended suits brought by persons punished by the House for contempt.
Volume III, sections 1716, 1717.
A committee having summoned a Member to testify as to statements made
by him in debate, he protested that it was an invasion of his
constitutional privilege. Volume VI, section 537.
Instance wherein a Member declined to obey a summons to appear and
testify before a committee of the House. Volume VI, section 537.
A committee asserted the power of the House to arrest and imprison
recalcitrant Members in order to compel obedience to its summons.
Volume VI, section 537.
(3) Power to Punish for.
Decision by the Supreme Court on the power of the House to punish for
contempt. Volume VI, section 534.
Decision of the Supreme Court affirming the right of the House to
punish John Anderson for contempt. Volume II, section 1607.
Instance in which the House authorized an investigation of purported
violations of its privileges and its power to punish for contempt.
Volume VI, section 531.
The House is without constitutional jurisdiction to punish summarily
for contempt in certain cases. Volume VI, section 534.
The attempt in 1876 to punish Hallet Kilbourn for declining to testify
before a committee resulted in a decision of the Supreme Court denying
that the House has an unlimited power to punish for contempt of its
authority. Volume II, section 1611.
The power of the House to punish for contempt is limited to the cases
expressly defined by the Constitution. Volume II, section 1611.
While power to punish contempt is not expressly granted to Congress by
the Constitution, it has the implied power to preserve itself and to
deal by way of contempt with direct obstruction to its legislative
duties. Volume VI, section 534.
In the Kilbourn case the court held that no witness could be punished
for contumacy except in an inquiry which the House has power to make.
Volume II, section 1611.
In 1894 the power of punishing for contempt was fully discussed in the
District court of appeals. Volume II, section 1613.
In the Chapman case the Supreme Court held that the power to punish for
contempt remains with each House in cases to which its power properly
extends. Volume II, section 1614.
CONTEMPTS--Continued.
(3) Power to Punish for--Continued.
In the Irwin case the House asserted its authority as grand inquest of
the Nation to investigate, with the attendant right of punishment for
contempt, in case of offenses in a preceding Congress. Volume III,
section 1690.
The House has discussed but not settled the question as to its power to
compel a Member to accompany it without the Hall on an occasion of
ceremony. Volume II, section 1139.
An instance wherein the House turned over to the jurisdiction of the
courts an offender guilty of contempt. Volume II, section 1629.
The House ordered spread on its Journal a paper in which Samuel Houston
protested against the right of the House to punish him for contempt.
Volume II, section 1619.
The right to coerce the attendance of witnesses in an inquiry for
legislative purposes was discussed in the Hyatt case. Volume III,
section 1722.
Discussion of the theory that the House has the inherent power to
punish for contempts wherever committed. Volume II, section 1615.
Discussion by Jefferson as to the inherent power of the House to punish
for contempt without prior sanction of law. Volume II, section 1597.
The implied power to punish for contempt is limited to imprisonment and
such imprisonment may not extend beyond the session of the body in
which the contempt occurred. Volume VI, section 534.
Reference to English precedents as to power to punish for contempts.
Volume II, section 1627.
Discussion of the right of the House to punish for contempt, with
references to English precedents. Volume III, section 1667.
The power to punish contempt vested in the House of Commons is not
conferred by the Constitution upon Congress. Volume VI, section 534.
Discussion as to the right of the House to punish for a contempt not
committed in its actual presence. Volume II, section 1619.
The Senate has power when acting in a case within its jurisdiction to
punish all contempts of its authority. Volume II, section 1640.
The Senate, sitting on impeachment trials, has authority to enforce
obedience to its orders, writs, judgments, etc., punish contempts, and
make lawful orders and rules. Volume III, section 2158.
Discussion of the power of the House to issue a general warrant. Volume
II, section 1606.
Discussion of the power of investigation possessed by Congress in
relation to the individual's right of privacy. Volume III, section
1766.
Discussion of the power of the House to punish for a breach of its
privileges. Volume II, section 1606.
(4) Members in.--For Assaults in the House.
Punishment of Members for contempt. Volume II, sections 1641-1665.
The parliamentary law as to treatment of Members between whom warm
words or an assault have passed. Volume II, section 1641.
From Members between whom warm words or an assault has passed on the
floor, the House has exacted apologies. Volume II, sections 1646, 1647.
After their affray on the floor, Messrs. Lyon and Griswold were
required to pledge themselves before the Speaker to keep the peace
during the season. Volume II, section 1643.
The House, after declining to expel, censured a Member for contempt in
assaulting another Member for words spoken in debate. Volume II,
section 1656.
Three Members of the House were ordered to the bar of the House to
answer for a contempt of privilege in being present at and assisting in
an assault between two other Members. Volume II, section 1654.
The House has frequently allowed personal difficulties arising in
debate, and even violent assaults, to pass without notice, the Members
concerned making apologies either personally or through other Members.
Volume II, sections 1658-1662.
CONTEMPTS--Continued.
(4) Members in.--For Assaults in the House--Continued.
For unparliamentary language and an assault two Senators were declared
in contempt and later were censured. Volume II, section 1665.
The President pro tempore of the Senate declined to take the
responsibility of directing the Secretary to omit from the call of the
yeas and nays the names of two Senators who had been declared in
contempt. Volume II, section 1665.
Two Senators, declared by the Senate to be in contempt, were allowed to
speak only after permission had been given by the Senate. Volume II,
section 1665.
Two Senators having been declared in contempt, a question was raised as
to the right to suspend their functions as Senators, including their
right to vote, but was not decided. Volume II, section 1665.
(5) Members in.--For Assaults in Committee of the Whole.
Two Members having created disorder in Committee of the Whole, the
Speaker took the chair and restored order, whereupon the committee rose
and the House adjourned before taking action on the disorder. Volume
II, section 1657.
Two Members having created disorder in Committee of the Whole by an
encounter, the Speaker took the chair and restored order, and the House
immediately referred the subject to a select committee. Volume II,
section 1650.
Two Members having assaulted one another in Committee of the Whole, the
House appointed a committee of inquiry, although the two Members had
severally explained to the House and reconciled their quarrel. Volume
II, section 1651.
Warm words and an assault having passed between two members in
Committee of the Whole, The House required them to apologize ``for
violating its privileges and offending its dignity.'' Volume II,
section 1648.
Two Members having assaulted one another in Committee of the Whole, the
House declined to permit the committee to resume its sitting until a
committee to investigate the facts of the disorder had been appointed.
Volume II, section 1649.
For an assault during debate in Committee of the Whole the House, after
expulsion had been suggested, exacted apologies from a Member. Volume
II, sections 1650, 1657.
An assault occurring between two Members in Committee of the Whole, the
committee rose and the Speaker restored order before receiving the
report. Volume II, section 1652.
Members who had committed as assault in Committee of the Whole
apologized to the House, although the chairman of the committee had
made no report of the occurrence. Volume II, section 1652.
Although a breach of privilege occur in Committee of the Whole, it yet
relates to the dignity of the House and is so treated. Volume II,
section 1657.
An apology of Members for an assault committed in Committee of the
Whole was not placed in the Journal. Volume II, section 1652.
(6) Members in.--For Disorderly Words, etc.
The rule requiring words spoken out of order to be taken down at once
does not apply to an occurrence of disorder constituting a breach of
privilege. Volume II, section 1657.
A proposition to censure a Member for presenting a petition purporting
to come from slaves failed after long discussion. Volume IV, section
3342.
For defying and insulting the Chairman of the Committee of the Whole
the House declared Sherrod Williams in contempt and liable to censure.
Volume II, section 1653.
Report of a committee holding in contempt of the House a Member who had
permitted the dissemination of letters in his name reflecting upon the
honor and integrity of Members of the House. Volume VI, section 400.
The House considered but did not act on propositions to expel or
censure a Member who had published in a newspaper an article alleged to
be in violation of the privileges of the House. Volume II, section
1245.
CONTEMPTS--Continued.
(6) Members in.--For Disorderly Words, etc.--Continued.
An insult to the Speaker has been held to raise a question of privilege
not governed by the ordinary rule about taking down disorderly words as
soon as uttered. Volume II, section 1248.
A Member having used words insulting to the Speaker, the House on a
subsequent day and after other business had intervened, censured the
offender. Volume II, section 1248.
A charge of general corruption in the Government made in the Senate
does not so reflect on the House as to raise a question of privilege.
Volume III, section 2658.
The publication by a Member of alleged false and scandalous charges
against the House and its Members, which he also reiterated in debate,
was held to involve a question of privilege. Volume III, section 2637.
An alleged offense against the dignity of the House and the
participation of a Member therein was held to constitute a question of
privilege. Volume III, section 2642.
A proposition for the punishment of a Member is presented as a question
of privilege. Volume II, section 1254.
A proposition to censure a Member for violating the rules of the House
involves a question of privilege. Volume III, section 2651.
A proposition relating to the expulsion of a Member presents a question
of privilege which supersedes the regular order of business. Volume
III, section 2648.
The previous question may be moved on a proposition to censure a
Member, although the effect of it might be to prevent him from making
explanation or defense. Volume V, section 5459.
A resolution for the investigation of an alleged assault of one Member
on another at a place outside of the Capitol was admitted as of
privilege. Volume II, section 1645.
(7) Acts Against Members or the House.
Challenge of a Member by a Senator in 1796 was determined to be a
breach of the privileges of the House. Volume III, section 2677.
Question as to the right of the House to interfere for the protection
of Members who without the Hall get into difficulties disconnected with
their official duties (footnote). Volume III, section 2678.
An assault upon a Member within the walls of the Capitol when the House
was not in session was deemed a breach of privilege, although it arose
from a cause not connected with the Member's representative capacity.
Volume II, section 1624.
An assault upon a Member of the House for words spoken in debate is a
breach of its privileges and a contempt of the House. Volume VI,
section 332.
Assault committed on a Member for words spoken in debate constitutes a
contempt of the House in which he is then sitting although the words
may have been spoken in a prior House. Volume VI, section 332.
A citizen having assaulted a Member for words spoken in debate, the
House arrested, arraigned, and censured him. Volume VI, section 333.
After debate the House ordered a warrant to issue for arrest of a
person who had violated its privileges by assaulting a Member. Volume
VI, section 332.
On the evidence of Members who in their places gave information of
attempts to bribe them, the House issued an order for the arrest of the
person charged with the offense. Volume II, section 1599.
A citizen having attempted to bribe a Member, the House arrested,
tried, and punished him. Volume II, section 1606.
Is an attempt to bribe a Members at a place other than the seat of
government, and before he has taken his seat, a breach of privilege?
Volume II, section 1603.
Discussion of the offense of questioning a Member ``in any other
place'' for words spoken in debate. Volume II, section 1655.
For publications affecting the reputations of Members reporters have
been expelled from the House. Volume II, sections 1636, 1637.
CONTEMPTS--Continued.
(7) Acts Against Members or the House--Continued.
The House arrested and arraigned at the bar a newspaper reporter for
alleged statements reflecting on the integrity of a Member. Volume II,
section 1635.
A resolution to investigate the failure of the Post-Office Department
to remove a postmaster charged with an attempt to influence a Member
corruptly was held not to present a question of privilege. Volume III,
section 2688.
The Senate requested the Executive to prosecute William Duane for
defamation of the Senate. Volume II, section 1604.
The attack of Matthew Lyon on Roger Griswold in 1798. Volume II,
sections 1642, 1643.
A protest by the minister of a foreign power against proposed action of
the House was held to be an invasion of privilege. Volume II, section
1592.
An ``absurd and purposeless'' anonymous letter proposing a corrupt
bargain to a Member of the House was held by a committee of the House
to create no breach of privilege. Volume III, section 2702.
For attempting to bribe a Member John Anderson was censured by the
Speaker at the bar of the House. Volume II, section 1606.
(8) Disturbance of House, Arrest of its Officer, etc.
The arrest by a civil magistrate of an officer of the House for an act
performed in the service of the House was deemed a high breach of
privilege. Volume II, section 1605.
A person who had wounded one of the police of the Capitol was by the
House committed to the custody of its Sergeant-at-Arms while a
committee was instructed to investigate. Volume II, section 1651.
An assault upon the clerk of a committee within the walls of the
Capitol was held to be a breach of privilege. Volume II, section 1629.
One reporter having assaulted another in the presence of the House,
punishment for breach of privilege was inflicted. Volume II, section
1630.
A spectator in the gallery having created disturbance, the Speaker
ordered his arrest. Volume II, section 1605.
To obviate the necessity of clearing the galleries the Senate
authorized the Sergeant-at-Arms to arrest any person disturbing the
proceedings. Volume V, section 7311.
For improper conduct in connection with legislation reporters have been
expelled from the House. Volume II, sections 1638, 1639.
(9) Witnesses in.
For testifying falsely before a congressional committee of
investigation a witness was certified to the district attorney and
indicted by a Federal grand jury. Volume VI, section 355.
The statutes provide that a person summoned as a witness who fails to
appear or refuses to testify shall be punished by fine or imprisonment.
Volume III, section 1769.
A statute penalizes recalcitrancy of witnesses summoned to testify
before either House or any committee of either House. Volume VI,
section 335.
The power of the Senate to require testimony of witnesses is in no wise
inferior to that exercised by a court of justice and includes under
comparable circumstances the power to compel attendance. Volume VI,
section 348.
No witness is privileged to refuse to testify when examined by the
House or its committees on the ground that his testimony would disgrace
himself. Volume III, section 1769.
Witnesses summoned to testify may not excuse themselves under the plea
that their testimony would compromise them. Volume VI, section 335.
The fact that testimony sought by a committee of the House might
militate against the interest of the witness in a pending suit was held
not to excuse him from supplying information properly within the scope
of the inquiry. Volume VI, section 338.
A witness may rightfully refuse to answer where the committee exceeds
its power or where questions submitted are not pertinent to the matter
under inquiry. Volume VI, section 342.
CONTEMPTS--Continued.
(9) Witnesses in--Continued.
Witnesses having refused to answer questions not contemplated in the
resolution authorizing the inquiry, the committee formally denied to
insist. Volume VI, section 352.
It is assumed that the Senate will deal with a witness in accordance
with recognized rules and discharge him from custody upon proper
assurance that he will appear to testify when required. Volume VI,
section 349.
After consideration a committee concluded that an official threatened
with impeachment was not in contempt for declining to be sworn as a
witness or to produce documentary evidence. Volume III, section 1699.
It is not essential that a resolution authorizing an investigation of
the conduct of Senators shall specify censure or expulsion in order
that the Senate may constitutionally compel testimony. Volume II,
section 1614.
In 1860 the Senate looked to House precedents in dealing with a witness
in contempt. Volume III, section 1724.
In the latest practice a committee, in reporting the contempt of a
witness, shows that the testimony required is material and presents
copies of the subpoena and return. Volume III, section 1701.
A committee, in reporting the contumacy of a witness, included a
transcript of the testimony so as to show in what the contempt
consisted. Volume III, section 1671. Volume VI, section 336.
In reporting the contumacy of a witness the committee appended to their
report extracts from the examination showing the circumstances. Volume
III, section 1694.
A report of an investigating committee, in the form of a letter to the
Speaker relating to contempt of a witness, was presented as a question
of privilege. Volume III, section 1697.
A telegram from the chairman of a committee making investigations in a
distant place, addressed to the Speaker and on the subject of
contumacious witnesses, was held in order on a communication of high
privilege. Volume III, section 1799.
Counsel for a contumacious witness, present at the examination and
transgressing the bounds of propriety, was admonished. Volume VI,
section 336.
A person before a committee declining to give evidence, the committee
tendered him oaths as a witness, which he refused. Volume III, section
1699.
A Senate committee, with authority to take testimony in the recess
between two sessions of the same Congress, was yet unable to compel
testimony from a recalcitrant witness. Volume III, section 1837.
Discussion of the privilege of a witness summoned to testify before a
committee of the House. Volume III, section 1779.
(10) Refusal to Produce Papers.
In 1876, after examination and discussion, the House declared its
right, through a subpoena duces tecum, to compel the production of
books, papers, and especially telegrams. Volume III, section 1812.
The general authority of the House to compel testimony and the
production of papers in an investigation, and the relation of this
right to the rights of individuals to privacy in business affairs, were
discussed in 1837. Volume III, section 1733.
For declining to testify or to obey a subpoena duces tecum commanding
him to produce certain papers to be used in impeachment proceedings
against himself, George F. Seward was arraigned for contempt. Volume
III, section 1699.
In 1877 the House, in the course of an investigation of the recent
Presidential election, compelled the production of telegrams by an
employee of the company having actual custody of them. Volume III,
section 1696.
In 1860 a proposition to arrest a Government official for refusing to
produce a paper which he declared to be entirely private in its nature
was abandoned after discussion. Volume III, section 1683.
CONTEMPTS--Continued.
(10) Refusal to Produce Papers--Continued.
In 1834 the directors of the bank of the United States resisted the
authority of the House to compel the production of books of the bank
before an investigating committee. Volume III, section 1732.
An official of a telegraph company not being in actual possession of
dispatches demanded by the House, proceedings for contempt were
discontinued. Volume III, section 1697.
(11) Cases of Witnesses Certified to the District Attorney.
The Speaker, without order of the House and under the law, certifies
the case of a contumacious witness to the district attorney, but the
Journal may contain no record of his act. Volume III, section 1691.
Reference to the circumstances attending the enactment of the law for
punishing contumacious witnesses. Volume III, section 1686.
The Journal did not record the Speaker's act in certifying the Walcott
case to the district attorney. Volume III, section 1672.
Although the House imprisoned Walcott for contempt, the Speaker also
certified the case to the district attorney in pursuance of law. Volume
III, section 1672.
A witness having refused to answer certain questions propounded to him
by a special committee of the Senate duly authorized to investigate the
subject of inquiry, the Senate issued a warrant for his arrest and
certified its committee's report of the circumstances to the district
attorney. Volume VI, section 346.
An instance where in the Speaker announced that he had certified to the
district attorney the case of a contumacious witness. Volume III,
section 1686.
For declining to testify or to obey a subpoena dues tecum commanding
him to produce certain papers, Harry F. Sinclair was certified to the
district attorney for contempt. Volume VI, section 336.
The Journal contains no reference to the act of the Speaker in
certifying the case of the witness Kilbourn to the district attorney.
Volume II, section 1609.
In 1894 the certification of alleged cases of contempt before a Senate
committee was made without action of the Senate declaring the witnesses
in contempt. Volume II, section 1612.
While certification of a contumacious witness to the district attorney
for contempt is administrative, a motion authorizing certification has
been admitted. Volume VI, section 336.
The House sometimes transmits to the courts reports in regard to
witnesses who have apparently testified falsely. Volume III, sections
1780, 1781.
A witness giving contradictory testimony while under order for arrest
for refusing to answer questions propounded by a committee of inquiry,
the Senate vacated the order and referred the case to the district
attorney. Volume VI, section 345.
A witness refusing to testify before a committee of the Senate was
indicted and tried in the district court. Volume VI, section 337.
(12) Method of Investigating Cases of, Among Members.
An assault by one Member of another for words spoken in debate was made
the subject of an investigation by a select committee. Volume II,
section 1655.
A committee having general authority to examine and recommend in
relation to an assault between two Members was held to have authority
also to recommend censure of other Members implicated. Volume II,
section 1656..
Members who have been concerned in a dual which resulted in the death
of a Member were permitted to attend and cross-examine witnesses during
the investigation. Volume II, section 1644.
A proposition to investigate as to duels occurring on account of words
spoken in debate was admitted as a question of privilege. Volume III,
section 2679.
The intervention of other business does not prevent the House from
taking up and dealing with a breach of privilege (footnote). Volume II,
section 1647.
CONTEMPTS--Continued.
(12) Method of Investigating Cases of, Among Members--Continued.
Instance wherein testimony as to a difficulty between two Members was
heard in Committee of the Whole. Volume II, section 1642.
The House having ordered a Member to be censured, he was allowed by
unanimous consent to make explanation before the execution of the
order. Volume II, section 1656.
A Member against whom a resolution of censure was pending addressed the
House without permission being asked or given. Volume II, section 1253.
While the House was investigating a difficulty between two Members it
declared that it would be considered a high breach of privilege if
either should enter into a personal contest pending decision. Volume
II, section 1642.
Pending consideration of a question of contempt the Speaker admitted as
privileged a resolution relating to the existence of the committee
which suggested the proceedings. Volume III, section 1685.
(13) Procedure Generally.
Each House of Congress has power through its own process to summons a
private individual before one of its committees to give testimony which
will enable it the more efficiently to exercise its constitutional
legislative function. Volume VI, section 342.
The investigation of a breach of the privilege of the House was
committed to a select committee appointed by the Speaker. Volume VI,
section 332.
A committee of investigation decided that the powers granted by the
resolution authorizing its appointment did not extend to questions
propounded in the course of the inquiry and laid the transcript of the
record before the Senate. Volume VI, section 352.
The same presumption of regularity attaches to action by the Senate in
directing the arrest of a recusant witness that applies to the
proceedings of the courts. Volume VI, section 349.
It is presumed that in the eliciting of testimony the Senate will
observe all constitutional restraints. Volume VI, section 347.
A witness having declined to attend and produce documents, the Senate
by resolution ordered his arrest. Volume VI, section 339.
A witness contumacious before a committee is not given a second
opportunity in the committee before the House orders his arrest for
contempt. Volume III, section 1671.
A person who had failed to respond to a summons was arrested and
arraigned, and his excuse being satisfactory the House ordered that he
be discharged when he should have testified. Volume III, sections 1674,
1675.
The House having ordered the arrest of a person who had failed to obey
a subpoena from a committee, and who later made explanation, an order
was passed discharging him without arraignment. Volume III, section
1691.
The House declined to release Samuel Houston on bail pending his trial
by the House for contempt. Volume II, section 1618.
Form of subpoena served on a Member of the House. Volume VI, section
537.
Form of subpoena duces tecum issued by order of the Senate. Volume VI,
section 336.
Subpoenas issued by a committee of the Senate summoning witnesses to
testify in an investigation authorized by the Senate are as if issued
by the Senate itself. Volume VI, section 341.
A discussion as to whether or not the principles of the procedure of
the courts should be followed in action for expulsion. Volume II,
section 1264.
Discussion as to whether or not the principles of the procedure of the
courts should be followed in action for censure. Volume II, section
1255.
It is not essential that a resolution authorizing an investigation of
the conduct of Senators shall specify censure or expulsion in order
that the Senate may constitutionally compel testimony. Volume II,
section 1614.
The respondent retired while the House deliberated on the mode of
procedure in a case of contempt. Volume III, section 1668.
CONTEMPTS--Continued.
(13) Procedure Generally--Continued.
The statutes provide that the fact of a witness' contumacy shall be
certified by the Speaker under seal of the House to the district
attorney of the District of Columbia. Volume III, section 1769.
The Senate requested the Executive to prosecute William Duane for
defamation of the Senate. Volume II, section 1604.
The House appointed a Committee of Privileges to determine the
procedure in the Anderson contempt case. Volume II, section 1606.
Deputies with authority to execute warrants may be appointed by the
Sergeant at Arms under a standing order of the Senate. Volume VI,
section 341.
Censure inflicted by the Speaker on a citizen and his apology to the
House appear in full in the Journal. Volume VI, section 333.
(14) Arrests for.--Order of, Warrant, etc.
A warrant for the arrest of a recalcitrant witness may issue without
previous subpoena where service on the witness is a question of doubt.
Volume VI, section 348.
In providing for the arrest of a recalcitrant witness it is unnecessary
for the Senate in inditing the resolution to determine whether the
testimony sought and refused was pertinent to the inquiry. Volume VI,
section 347.
By direction of the House, the Speaker issued and the Sergeant at Arms
served a warrant for the arrest of a person charged with contempt of
the House. Volume VI, section 532.
In ordering the arrest of a witness for contempt the House embodied in
a preamble the report of the committee showing the alleged contempt.
Volume III, section 1701.
The House held valid a report transmitted by telegraph from an
investigating committee and ordered the arrest of a person for contempt
on the strength of it. Volume III, section 1695.
It was not thought necessary that mileage and fees should be tendered a
witness before arresting him for contempt in declining to answer.
Volume III, section 1701.
An early discussion as to form of resolution ordering the arrest of a
contumacious witness. Volume III, section 1714.
A subpoena having been served by a deputy Sergeant-at-Arms, a
certificate of his appointment should accompany a report requesting
arrest of the witness for contempt. Volume III, section 1701.
Form of warrant and return in case of arrest of a witness for
contumacy. Volume III, section 1671.
In the Walcott case the House provided that the resolution ordering him
to be taken into custody should be a sufficient warrant. Volume III,
section 1671.
Verbal return of the Sergeant-at-Arms on presenting a witness under
arrest for contempt. Volume III, section 1697.
The order of arrest sometimes specifies that it shall be made either by
the Sergeant-at-Arms or his special messenger. Volume III, section
1688.
Form of warrant signed by the President of the Senate for taking
William Duane into custody. Volume II, section 1604.
Form of warrant and return used by the Senate in compelling the
attendance of witnesses. Volume III, section 1702.
A joint committee has ordered a contumacious witness into custody.
Volume III, section 1720.
A question as to issuing a warrant for the arrest of a person who has
avoided a summons by seeking a foreign country. Volume III, section
1805.
(15) Arrests.--Instances of.
The contempt cases of Randall and Whitney in 1795. Volume II, sections
1599-1603.
The case of Nathaniel Rounsavell, a recalcitrant witness, in 1812.
Volume III, section 1666.
The contempt case of John Anderson before the House in 1818. Volume II,
sections 1606, 1607.
CONTEMPTS--Continued.
(15) Arrests.--Instances of--Continued.
For misappropriation of funds the House arrested its Clerk and
arraigned him at the bar. Volume I, section 287.
In 1837, for refusing to obey the subpoena of a committee, Reuben M.
Whitney was arrested and tried at the bar of the House. Volume III,
section 1667.
In 1857 the House arrested and arraigned at its bar Joseph L. Chester,
a contumacious witness. Volume III, section 1670.
In 1858 the House arrested and arraigned J. D. Williamson for contempt
in declining to respond to a subpoena. Volume III, section 1673.
James W. Simonton, a witness before a House committee, was arrested and
arraigned at the bar for declining to answer a material question.
Volume III, section 1669.
The case of Lovell H. Rousseau, in contempt of the House in 1866.
Volume II, sections 1655, 1656.
The case of Charles W. Wooley, in contempt of the House in 1868. Volume
III, sections 1685, 1686.
The case of E. W. Barnes, in contempt of the House in 1877. Volume III,
sections 1695, 1696.
The case of Hallet Kilbourn, a contumacious witness in 1876. Volume II,
sections 1608-1611.
The Senate case of Elverton R. Chapman, a contumacious witness in 1894.
Volume II, sections 1612-1614.
The case of Patrick Woods, in contempt of the House in 1870. Volume II,
sections 1626-1628.
Instances wherein the House has ordered arrests which do not appear to
have been made. Volume III, sections 1707-1711.
Various instances of arrest for contempt of the Senate. Volume III,
sections 1703-1706.
The Kansas committee of 1856 was empowered to send for persons and
papers, and to arrest and bring before the House any witnesses in
contempt. Volume III, section 1752.
(16) Arraignment for.--General Practice.
In 1795 the House decided to hear the case of a person arrested for
contempt at the bar rather than by a select committee. Volume II,
section 1602.
A person under arrest for contempt is arraigned before being required
to answer. Volume III, section 1685.
The House declined to commit to custody an alleged contumacious witness
until he had been arraigned and answered at the bar of the House.
Volume III, section 1689.
Form of arraignment of a recalcitrant witness at the bar of the House.
Volume III, section 1669.
Form of arraignment of Randall and Whitney in 1795. Volume II, section
1600.
Form of arraignment adopted in the case of Williamson. Volume III,
section 1673.
Form of arraignment adopted in the Wolcott case. Volume III, section
1671.
Form of proceedings at the trial of William Duane at the bar of the
Senate. Volume II, section 1604.
Form of proceedings at the arraignment and censure of Charles C.
Glover. Volume VI, section 333.
The Speaker held that Members might not confer with a respondent
arraigned at the bar of the House. Volume VI, section 333.
In 1795 proceedings against persons in contempt were taken in
accordance with recommendations by a select committee on privileges.
Volume II, section 1000.
An instance wherein a person was arraigned at the bar without a
previous order of the House fixing the form of procedure. Volume III,
section 1689.
For permitting a Member under arrest to escape, the Doorkeeper was
arraigned at the bar of the House. Volume I, section 291.
CONTEMPTS--Continued.
(16) Arraignment for.--General Practice--Continued.
A person arraigned at the bar of the House must be dealt with in strict
accordance with the terms of the resolution ordering his arrest and
arraignment. Volume II, section 1635.
Instance wherein the House amended its charges against a person already
arraigned for contempt. Volume II, section 1600.
The House ordered that Whitney, under arrest for contempt, should be
furnished with a copy of the report as to his alleged contempt before
arraignment. Volume III, section 1667.
For the trial of Samuel Houston for contempt a committee on privileges
reported on a method of procedure. Volume II, section 1617.
The House declined to permit Samuel Houston, on trial at its bar for
contempt, to challenge the right of a Member to sit in the trial.
Volume II, section 1617.
A person on trial at the bar of the House for contempt was given
permission to examine witnesses. Volume III, section 1668.
The respondent retired while the House deliberated on the mode of
procedure in a case of contempt. Volume III, section 1668.
A person on trial at the bar of the Senate was to be present at the
arraignment and examinations, but to retire during deliberations.
Volume II, section 1604.
A contumacious witness should not be proceeded against for contempt,
either before the House or under the law, until he has been arraigned
and answered at the bar of the House. Volume III, section 1685.
In the Woolley case the House did not furnish to the respondent a copy
of the report of the committee at whose suggestion he was arraigned.
Volume III, section 1685.
Persons in contempt for declining to testify or obey a subpoena have
frequently given their testimony and been discharged without
arraignment before the House. Volume III, sections 1676-1682.
Samuel Houston, arrested for a breach of privilege, was arraigned at
the bar of the House, informed of the charge, and informed that he
might summon witnesses and employ counsel. Volume II, section 1616.
The witness Kilbourn was arraigned without previous adoption of a form.
Volume II, section 1608.
(17) Arraignments for.--Counsel for Respondent.
In the resolution ordering the arrest and arraignment of Whitney the
House at the same time gave him permission to have counsel. Volume III,
section 1667.
In 1812 the opinion of the House seems to have been against permitting
counsel to a contumacious witness arraigned at the bar of the House
(footnote). Volume III, section 1666.
A person having been arrested for contempt a communication from his
counsel was laid before the House. Volume III, section 1695.
The House denied to Kilbourn the services of counsel at his arraignment
for contempt. Volume II, section 1608.
A witness arraigned for contempt was accompanied by his counsel, but
his request that he be heard by counsel was granted only to the extent
of being permitted to respond in writing. Volume III, section 1696.
William Duane, on trial at the bar of the Senate for contempt, was
allowed counsel under certain conditions. Volume II, section 1604.
(18) Arraignments for.--Respondent Answers in Writing.
A witness having responded orally when arraigned for contempt it was
required that the answer be in writing. Volume III, section 1684.
Instance wherein the answer of a person arraigned for contempt was in
writing but not sworn to and not recorded in the Journal. Volume III,
section 1687.
CONTEMPTS--Continued.
(18) Arraignments for.--Respondent Answers in Writing--Continued.
Being arraigned for contempt George F. Seward presented a written
statement signed by himself and counsel, but not attested, and this
answer appears in full in the Journal. Volume III, section 1699.
In the Wolcott case the respondent when arraigned presented two
answers, each in writing, sworn and subscribed, one of which appears in
the Journal, while the other does not. Volume III, section 1671.
A witness arraigned for contempt, having in his answer questioned the
power of the House, was permitted to file an amended answer, which was
printed in full in the Journal. Volume III, section 1673.
The answers at the arraignment in the Woolley case were in writing, and
one was sworn to, but neither appears in the Journal. Volume III,
section 1685.
In an arraignment in 1877 the answer of the respondent prepared by his
counsel was attested. Volume III, section 1696.
Several persons arraigned at the bar together for contempt made an
answer in writing and singed but not sworn to. Volume III, section
1698.
A person arraigned for contempt submitted a statement in writing, which
did not appear in full in the Journal. Volume II, section 1635.
A person arraigned at the bar for contempt was permitted to amend his
answer. Volume III, section 1696.
The written and sworn answer on a witness arraigned for neglecting a
summons did not appear in the Journal. Volume III, sections 1674, 1675.
When arraigned the witness Kilbourn submitted a written, unsworn
answer, which does not appear in the Journal. Volume II, section 1609.
A contumacious witness arraigned at the bar of the House was required
to answer in writing and under oath. Volume III, section 1670.
(19) Arraignment for.--Oral Answer Sometimes Permitted.
An officer of the House being arraigned for neglect of duty, it was
voted that he might answer orally. Volume I, section 291.
The Clerk being arraigned to answer charges, leave was given him to
address the House. Volume I, section 287.
The Journal recorded the substance of the oral answer of an officer of
the House arraigned at the bar for neglect of duty. Volume I, section
291.
The Clerk being arraigned and addressing the House in his defense, the
Journal merely records the fact. Volume I, section 287.
A witness arraigned at the bar of the House for contempt was permitted
to answer orally. Volume III, section 1699.
A witness arraigned for contempt answered orally and without being
sworn. Volume III, section 1701.
A witness arraigned at the bar for contempt and having already
submitted his written answers was allowed by unanimous consent to make
a verbal statement. Volume III, section 1686.
In the Irwin case the respondent, on being arraigned, made an oral,
unsworn answer, which does not appear in the Journal. Volume III,
section 1690.
An instance wherein a witness arraigned for contempt was allowed to
make an unsworn oral statement, which in fact was an argument as well
as an answer. Volume III, section 1689.
Witnesses arraigned for contempt have frequently answered orally and
not under oath. Volume III, section 1688.
(20) Arraignments for.--Examination of Witnesses.
Method of examining witnesses through the Speaker in a contempt case
tried at the bar of the House in 1795. Volume II, section 1602.
CONTEMPTS--Continued.
(20) Arraignments for.--Examination of Witnesses--Continued.
In a trial at the bar of the House for contempt a committee was
appointed to examine witnesses for the House. Volume III, section 1668.
In 1795 the House introduced a district judge to administer oaths to
witnesses in a contempt case heard at the bar of the House. Volume II,
section 1602.
In 1832 the Speaker was empowered to administer the oath to witnesses
in the contempt case of Samuel Houston. Volume II, section 1617.
A person being on trial for contempt, both the information given by
Members and their testimony were required to be under oath. Volume II,
section 1602.
Rule for examining Members as witnesses in a trial at the bar of the
House for contempt. Volume II, section 1619.
A person being under examination at the bar, the questions propounded
to him were first approved by the House. Volume II, section 1635.
A person being under examination at the bar, the questions and answers
were recorded in the Journal. Volume II, section 1635.
In the examination of witnesses in the contempt case of Samuel Houston
the House declined to permit a witness to state opinions. Volume II,
section 1618.
In the trial of Samuel Houston for contempt the House permitted an
affidavit to be read. Volume II, section 1618.
In the Whitney case a proposition to examine the respondent was ruled
out of order while witnesses were being examined. Volume III, section
1668.
Rule adopted in the Whitney case for disposing of objections to
questions proposed to witnesses. Volume III, section 1668.
In the Irwin case the Journal does not record the responses of the
witness to the questions put by the Speaker. Volume III, section 1690.
In the Irwin case the questions which the respondent had declined to
answer in committee were proposed to him again at the bar of the House.
Volume III, section 1690.
In the Stewart case the questions and answers at the examination were
recorded in the Journal, the answers being oral and not under oath.
Volume III, section 1689.
Testimony given before a House or its committee may not be used as
evidence against the witness in any court, except in case of alleged
perjury. Volume III, section 1769.
(21) Imprisonment for.--House Has Power to Provide.
A witness having declined to answer a pertinent question before a
select committee, he was arraigned before the House, and, persisting in
contumacy, was committed. Volume III, section 1666.
A recalcitrant witness having remained obdurate when arraigned at the
bar was committed to custody. Volume III, section 1669.
A witness having when arraigned for contempt submitted an answer
disrespectful to the House, he was ordered into custody for contempt.
Volume III, section 1693.
It is for the House and not the Speaker to determine whether or not a
person arraigned for contempt shall be heard before being ordered into
custody. Volume III, section 1684.
Instances wherein the House has refused to punish contumacious
witnesses. Volume III, sections 1632, 1712.
A witness having declined to testify before a joint committee, a
question arose as to whether one House or both should take proceedings
to punish for contempt. Volume III, section 1721.
A discussion as to the power of the House to imprison for a period
after the adjournment of the session. Volume II, section 1629.
A warrant of commitment ``need not set forth the particular facts which
constitute the alleged contempt.'' Volume II, section 1640.
A proposed order to the Sergeant-at-Arms to hold a person in custody in
jail until the latter should have purged himself of contempt was
criticised and an unconditional order was agreed to. Volume III,
section 1690.
CONTEMPTS--Continued.
(22) Imprisonment for.--Instances of, by the House.
For contempt in attempting to bribe its Members the House committed
Robert Randall in 1795. Volume II, section 1603.
In 1858 the House imprisoned John W. Wolcott for contempt in refusing
as a witness to answer a question which he contended was inquisitorial,
but which the House held to be pertinent. Volume III, section 1671.
In 1862 Henry Wikoff was imprisoned by the House for refusing to
testify before a committee. Volume III, section 1684.
In 1868 a contumacious witness, Charles W. Woolley, who declined to
answer for the alleged reason that the examination was inquisitorial,
was imprisoned for contempt. Volume III, section 1686.
In 1873 Joseph B. Stewart was imprisoned for contempt of the House in
refusing as a witness to answer a question which he claimed related to
the relations of attorney and client, and therefore was inquisitorial.
Volume III, section 1689.
In 1874 the House imprisoned in the common jail a contumacious witness.
Richard B. Irwin, who contended that the inquiry proposed by the House
committee was unauthorized and exceeded the power of the House. Volume
III, sections 1690, 1691.
In 1877 the House imprisoned members of a State canvassing board for
contempt in refusing to obey a subpoena duces tecum for the production
of certain papers relating to the election of Presidential electors.
Volume III, section 1698.
Hallet Kilbourn was committed for contumacy in declining to answer a
question which he claimed was in excess of the power of the House to
ask. Volume II, sections 1608-1611.
The House declined to commit to custody an alleged contumacious witness
until he had been arraigned and answered at the bar of the House.
Volume III, section 1689.
(23) Imprisonment for.--Instances of, by the Senate.
William Duane for a publication tending to defame the Senate was found
guilty of contempt and imprisoned by order of that body. Volume II,
section 1604.
In 1860 the Senate imprisoned Thaddeus Hyatt in the common jail for
contempt in refusing to appear as a witness. Volume III, section 1722.
The Senate committed John Nugent for contempt in publishing a treaty
pending in executive session. Volume II, section 1640.
In 1894 Elverton R. Chapman was convicted by the court and committed
for contempt of the United States Senate in declining as a witness to
answer a pertinent question. Volume II, section 1614.
(24) Imprisonment for.--Release by Discharge, etc.
The House having ordered a person into custody ``until he shall purge
himself of said contempt,'' he was, on purging himself, discharged
without further order. Volume III, section 1684.
At the end of a Congress the House, by a general order, directed the
discharge of all persons in custody for contempt. Volume III, section
1698.
A resolution relating to the discharge of a person in custody for
contempt is a matter of privilege. Volume III, section 1672.
The House having considered and determined the disposition of a person
in custody, a further proposition relating thereto was held not to be
privileged. Volume III, section 1715.
A resolution relating to the place of imprisonment of persons in
custody for contempt was admitted as a matter of privilege. Volume III,
section 1698.
A witness imprisoned by the House for contempt was indicted under the
law, whereupon the House ordered his delivery to the officers of the
court. Volume III, section 1672.
CONTEMPS--Continued.
(25) Imprisonment for.--Release by Habeas Corpus.
A recalcitrant witness having been released from the custody of the
Sergeant at Arms by judgment of a district court, the Senate authorized
an appeal to the Supreme Court. Volume VI, section 340.
A witness in custody for refusing to testify may invoke the action of
the courts only on a clear showing of arbitrary and improvident use of
the power amounting to a denial of due process of law. Volume VI,
section 349.
While confined in jail for contempt the witness Kilbourn was released
by habeas corpus proceedings, the court intimidating that the
punishment of law superseded the right of the House to punish. Volume
II, section 1610.
In making return to habeas corpus proceedings in the Kilbourn case the
Sergeant at Arms produced the body of the prisoner. Volume II, section
1610.
A writ of habeas corpus being served on the Sergeant at Arms, who held
the witness Irwin in custody for contempt, the House, after
consideration, prescribed the form and manner of return. Volume III,
section 1691.
A witness in the custody of the Sergeant at Arms having procured a writ
of habeas corpus, the Senate requested the President to direct the
Attorney General to defend the suit. Volume VI, section 339.
A recalcitrant witness having been committed for refusal to testify,
the Supreme Court sustained the dismissal of a petition for a writ of
habeas corpus. Volume VI, section 351.
(26) Methods of Purging of.
An alleged contumacious witness having been arraigned, the House
declared him in contempt, and then proceeded to specify the manner in
which he might purge himself. Volume III, section 1689.
A witness being ordered by the House to answer a pertinent question
before a committee, was then removed from the bar and later, on report
of the committee that he had answered, was discharged. Volume III,
section 1692.
In 1891 a witness in contempt for refusing to testify before a
committee was arrested and arraigned and, after purging himself of the
contempt, was discharged. Volume III, section 1701.
A witness being arraigned for contempt in refusing to answer a
pertinent question asked by a committee agreed when arranged that he
would answer if so ordered by the House. Volume III, section 1692.
A witness arrested for contempt in refusing to answer promised to
respond, and was therefore discharged and ordered before the committee.
Volume III, section 1694.
A conumacious witness having given a respectful and sufficient answer
at the bar of the House was ordered to be discharged. Volume III,
section 1670.
A witness having promised when arraigned to testify before a committee,
the House gave him permission to do so, but did not discharge him from
custody until the committee reported that he had purged himself. Volume
III, section 1701.
A person whose arrest had been ordered for neglect to obey a subpoena
having appeared and testified, the House arraigned him and then
discharged him. Volume III, section 1687.
Instances wherein witnesses arraigned for contempt and agreeing to
testify have not been discharged until the testimony has been given.
Volume III, section 1688.
In 1880 three recalcitrant witnesses were arraigned at the bar of the
Senate and, having purged themselves of contempt, were discharged.
Volume III, section 1702.
A witness imprisoned for contempt before a committee purges himself by
stating to the House his readiness to go before the committee, and not
by testifying directly to the House. Volume III, section 1686.
(27) In General.
In 1855 the House expelled from the floor William B. Chace, a reporter,
who refused to testify before a committee. Volume II, section 1632.
CONTEMPS--Continued.
(27) In General.--Continue.
A Member for whom the House had voted censure announced that he had
sent his resignation to the governor of his State, but the House
nevertheless voted to inflict the punishment. Volume II, section 1656.
In cases of contempt which it is not authorized to redress, the remedy
of the House is resort to judicial proceedings under the criminal law.
Volume VI, section 534.
In 1929 a Senate committee recommended the denial of the privilege of
the floor to a newspaper reporter charged with publication of
proceedings of an executive session. Volume VI, section 334.
Decision by the Supreme Court on the power of Congress to compel
testimony. Volume VI, section 341.
Decision by the Supreme Court on the right of the Senate to subpoena
witness and compel testimony. Volume VI, sections 346, 351.
Decisions by the Supreme Court relating to the punishment of
contumacious witnesses. Volume VI, section 354.
Decision of the district court on the right of the Senate to compel
testimony and the production of papers and records. Volume VI, section
337.
Discussion of the remedies open to the Senate under the statute. Volume
VI, section 336.
The case of Bishop James Cannon, jr. Volume VI, sections 352, 353.
The Senate having sold authority under the Constitution to judge of the
election returns and qualifications of its members, may exercise in its
own right the incidental power of compelling the attendance of
witnesses without the aid of a statute. Volume VI, sections 346, 347,
348, 349, 351.
The investigation of charges against Attorney General Harry M.
Daugherty, continued. Volume VI, section 537.
The case of M. S. Daugherty. Volume VI, sections 339, 340, 341, 342,
343.
The contempt case of Charles C. Glover before the House in 1913. Volume
VI, sections 332, 333.
The case of Harry F. Sinclair, a recalcitrant witness, in 1924. Volume
VI, sections 336, 337, 338.
While emphasizing the importance of protecting the individual from
unreasonable and arbitrary disclosures of his private affairs, the
court holds that either House of Congress is authorized to require
testimony in aid of legislation. Volume VI, section 338.
The case of Robert W. Stewart. Volume VI, section 344.
A formal protest by the President against certain proceedings of the
House was declared a breach of privilege. Volume II, section 1590.
President Jackson having sent to the Senate a protest against its
censure of his acts, the Senate declared the protest a breach of
privilege and refused it entry on the Journal. Volume II, section 1591.
A letter from an executive officer of the Government criticizing the
Senate was condemned in debate as a breach of privilege and withdrawn.
Volume III, section 2566.
A proposition to investigate whether or not the head of an Executive
Department had failed or declined to respond to an inquiry of the House
was held not to be a matter of privilege. Volume III, section 1893.
The head of a Department having declined to respond to an inquiry of
the House, a demand for a further answer was entertained as a matter of
privilege. Volume III, section 1891.
A demand that the head of an Executive Department transmit a more
complete reply to a resolution of inquiry may not be presented as a
matter of privilege. Volume III, section 1892.
General charges that attempts are being made through public sentiment
to influence the House do not give rise to a question of privilege.
Volume III, section 2638.
An instance wherein the House refused to punish conumacious witnesses.
Volume III, section 1712.
CONTEMPTS--Continued.
(27) In General--Continued.
In 1855 the House declined to punish a contumacious witness. Volume II,
section 1632.
The publication by the Public Printer of an article alleged to be for
the purpose of exciting unlawful violence among Members has been
considered a matter of privilege. Volume III, section 2641.
CONTESTANT. See ``Elections of Representatives'' and ``Elections of
Senators.''
CONTESTEE. See ``Elections of Representatives'' and ``Elections of
Senators.''
CONTESTS, ELECTION. See ``Elections of Representatives'' and
``Elections of Senators.''
CONTINGENT EXPENSES.
An appropriation for contingent expenses and unforeseen emergencies was
held to be in order on an appropriation bill. Volume VII, section 1241.
CONTINGENT FUND.
The rule gives to the Committee on Accounts jurisdiction of subjects
touching the expenditure of the contingent fund of the House, the
auditing and settling of all accounts that may be charged therein by
order of the House. Volume IV, section 4328.
Authority of the Committee on Accounts and the accounting officers of
the Treasury over the expenditure of the contingent fund of the House.
Volume V, section 7236.
The statutes provide that payments shall be made from the contingent
fund only when sanctioned by the Committee on Accounts. Volume VII,
section 2055.
Expenditures from the contingent fund, although payment on certificate
of chairman of Disbursing Committee is authorized by resolution, are
nevertheless subject to approval of the Committee on Accounts. Volume
VII, section 2056.
The privilege of the Committee on Accounts is confined to resolutions
making expenditures from the contingent fund. Volume IV, sections 4640-
4643. Volume VIII, section 2299.
The privilege of the Committee on Printing is confined to printing for
the two Houses, and of Accounts to expenditures from the contingent
fund. Volume IV, section 4621. Volume VIII, section 2251.
A resolution from the Committee on Accounts providing for payment from
the contingent fund is privileged, although the House on the merits may
decline to approve the expenditure. Volume IV, section 4644.
Resolutions from the Committee on Accounts authorizing expenditures
from the contingent fund do not require consideration in Committee of
the Whole. Volume IV, sections 4862-4867. Volume VIII, section 2415.
Resolutions from committees other than the Committee on Accounts
authorizing expenditures from the contingent fund require consideration
in the Committee of the Whole. Volume VIII, section 2416.
Payments for the expenses of either party to an election case may not
be made by the House out of its contingent fund or otherwise. Volume I,
section 677.
The Clerk keeps account of disbursement of the contingent fund and the
stationery accounts of Members. Volume I, section 251.
A resolution providing additional compensation for employees of the
House to be paid from the contingent fund, when reported by the
Committee on Accounts, was held to come within the privilege given that
committee to report at any time. Volume VIII, section 2305.
A resolution providing for the employment of a designated individual at
a stated salary to be paid out of the contingent fund was held to be
privileged when reported by the Committee on Accounts. Volume VIII,
section 2303.
Propositions relating to the convenience of Members of the House, as
the installation of elevators, were held to belong to the jurisdiction
of the Committee on Accounts, and privileged for report at any time in
connection with disbursements from the contingent fund. Volume VIII,
section 2301.
CONTINGENT FUND--Continued.
The fact that a resolution reported by the Committee on Accounts
authorizes an expenditure from the contingent fund does not necessarily
render it privileged. Volume VIII, section 2300.
Legislative propositions relating to subjects within the jurisdiction
of other committees are not privileged when reported by the Committee
on Accounts because involving disbursements from the contingent fund.
Volume VIII, section 2300.
The jurisdiction of the Committee on Accounts does not extend to the
contingent fund of the Senate and a resolution providing for joint
payment from the contingent funds of the two Houses was held not to be
privileged for report at any time. Volume VIII, section 2306.
A resolution enlarging the powers and increasing the duties of a
standing committee through the employment of a clerk to be paid from
the contingent fund was held not to be within the privilege given the
Committee on Accounts to report at any time. Volume VIII, section 2304.
Propositions limiting or enlarging the powers and discretion of
officers of the House in the discharge of administrative duties are not
within the jurisdiction of the Committee on Accounts and nullify the
privilege of resolutions reported by that committee even though
associated with expenditures from the contingent fund. Volume VIII,
section 2301.
Appropriations from the contingent fund reported by the Committee on
Accounts are not subject to the point of order that the jurisdiction to
report appropriations rests exclusively in the Committee on
Appropriations. Volume VII, section 2052.
An amendment to an appropriation bill authorizing payment of telegraph
tolls from the contingent fund was held to constitute legislation.
Volume VII, section 1412.
CONTINUANCE OF AN IMPEACHMENT TRIAL.
The Senate declined to postpone the Pickering trial after the evidence
had been submitted. Volume III, section 2336.
In the Peck trial, after the witnesses had been called, the court
granted the request of the managers for delay to await a material
witness. Volume III, section 2376.
The Senate declined to allow Judge Peck until the next session of
Congress to file his answer and set an earlier date. Volume III,
section 2371.
On receipt of a letter from a physician showing the illness of one of
Judge Peck's counsel the court adjourned. Volume III, section 2378.
Judge Humphreys not appearing, the case was continued, on motion of the
managers, to enable the production of testimony. Volume III, section
2393.
The managers not being ready to present testimony at the opening of the
Chase trial, the court granted their motion to postpone. Volume III,
section 2353.
The answer of President Johnson having been read, his counsel offered a
paper, signed by themselves, asking thirty days to prepare for trial.
Volume III, section 2430.
The managers contended that President Johnson's request for time to
prepare for trial should have been signed by himself, and under oath.
Volume III, section 2430.
President Johnson by his own letter and by a paper filed and signed by
his counsel asked forty days in which to prepare his answer. Volume
III, section 2424.
The Senate granted to President Johnson a less time than his counsel
asked to prepare for trial. Volume III, section 2430.
The managers opposed President Johnson's request for thirty days to
prepare for trial, citing American and English precedents in argument.
Volume III, section 2430.
On motion of counsel for President Johnson the Senate adjourned over to
permit time for preparation of testimony for the defense. Volume III,
section 2433.
After settling the question of jurisdiction the Senate overruled
respondent's motion for a continuance of the Belknap trial. Volume III,
section 2462.
The Senate declined to grant the motion of the counsel for Belknap that
the trial be continued to a later date. Volume III, section 2456.
CONTINUANCE OF AN IMPEACHMENT TRIAL--Continued.
The question of jurisdiction being settled, the Senate gave Secretary
Balknap ten days to answer on the merits. Volume III, section 2460.
The Senate declined to consult the managers before passing on the
application of respondent for a continuance of the Balknap trial.
Volume III, section 2456.
CONTINUANCE OF A PUBLIC WORK. See ``Appropriations.''
CONTRACT LABOR.
The Committee on Immigration and Naturalization exercise a general but
not exclusive jurisdiction over the subject of immigration, and has
reported bills relating to contract labor. Volume IV, section 4310.
Propositions to regulate or present the importation of foreign laborers
under contract have been within the jurisdiction of the Committee on
Labor. Volume IV, section 4249.
CONTRACTORS.
The House has declined to hold that a contractor under the Government
is constitutionally disqualified to serve as a Member of the House.
Volume I, section 496.
CONTRACTS.
Penalties are provided for attempts to bribe Members, and a Member may
not be interested in a public contract. Volume II, section 1164.
Opinion of the Attorney-General as to construction of the statute
forbidding Members from being interested in contracts. Volume II,
section 1166. Volume VI, section 225.
Definition of the terms ``agreements'' or ``contracts'' within the
meaning of the statute prohibiting Members from entering into certain
contracts. Volume VI, section 225.
A Member who was interested in a contract forbidden to him by law was
relieved by legislation. Volume II, section 1165.
The Clerk makes or approves all contracts, etc., for labor, materials,
etc., for the House. Volume I, section 251.
The Postmaster having died, it was held that contracts for carrying the
mails must be made by the Clerk and not by the Assistant Postmaster.
Volume V, section 7235.
A proposition to authorize a contract for future expenditures on public
works was held to propose legislation. Volume IV, sections 3866-3870.
Where the law directed the award of contracts to the lowest bidder an
amendment proposing to award contracts to the two lowest bidders was
ruled out of order. Volume VII, section 1473.
An appropriation for balance due under an authorized contract was held
to be in order on a deficiency appropriation bill although the item had
not been audited. Volume VII, section 1293.
To a proposition governing the making of a contract in a number of
particulars an amendment proposing to govern the making of the contract
in another particular was held to be germane. Volume VII, section 1413.
The Committee on the Judiciary exercises the jurisdiction over
propositions relating to Government contracts. Volume VII, section
1788.
A law passed by a prior Congress may not authorize legislation--like
the specifying of contracts--on a general appropriation bill as against
a rule of the existing House forbidding such legislation. Volume IV,
section 3579.
The Appropriations Committee may report appropriations in fulfilment of
contracts authorized by law for the improvement of rivers and harbors.
Volume IV, section 4036.
It is in order by a limitation on an appropriation bill to withhold the
appropriation from a designated object, although contracts may be left
unsatisfied thereby. Volume IV, section 3987.
A contract having been admitted as evidence in an impeachment trial, it
was held competent to show the intention of the parties thereto. Volume
VI, section 497.
CONTRIBUTIONS.
A Federal law requires sworn statements by candidates for Congress of
contributions received, amounts expended, and promises made for the
purpose of influencing the result of elections. Volume VI, section 67.
No Member of Congress or candidate for Congress may solicit or receive
political contributions from Government employees. Volume VI, section
67.
The Committee on Election of President, Vice President, and
Representatives in Congress has reported legislative propositions
relating to publicity of campaign contributions made for the purpose of
influencing elections. Volume VII, section 2024.
In 1931 a committee of the Senate investigated campaign contributions
and expenditures with special reference to violations of the Federal
corrupt practices act involving false statements of campaign
expenditures and the fraudulent conversion of campaign funds to private
uses. Volume VI, section 353.
In an inquiry before a congressional committee, testimony relative to
contributions made by one candidate to another candidate for nomination
in the same primary was held to be within the scope of the committee's
power of investigation. Volume VI, section 355.
Provisions of the statute relative to solicitation of contributions for
political purposes do not apply to such solicitations by one Member of
Congress from another. Volume VI, section 401.
Contributions to party campaign committees held not to constitute
bribery. Volume VI, section 84.
CONTROL.
An appropriation for control of the European corn borer was held to be
authorized by the organic act establishing the Department of
Agriculture. Volume VII, section 1309.
Control and disposition of alien property held by the United States,
and the adjudication of conflicting claims of American subjects against
foreign governments and foreign subjects against the United States are
within the jurisdiction of the Committee on Ways and Means. Volume VII,
section 1737.
CONTUMACY OF WITNESSES. See ``Contempt.''
CONVENIENCE.
A proposition relating to the comfort or convenience of Members is
presented as a question of privilege. Volume III, sections 2630, 2631.
Propositions relating to the convenience of Members of the House, as
the installations of elevators, were held to belong to the jurisdiction
of the Committee on Accounts, and privileged for report at any time in
connection with disbursements from the contingent fund. Volume VIII,
section 2301.
CONVENTION.
Instance of the receipt and reference of the application of a State
legislature for the calling of a convention to amend the Constitution
of the United States. Volume V, section 7026.
A question as to the right of a constitutional convention of a State to
fix the time for the election of Representatives in Congress. Volume I,
section 524.
In 1864 the Elections Committee were divided as to seating persons
chosen under authority of a constitutional convention in a State
recently in insurrection. Volume I, section 381.
Discussion as to the power of a State convention to fix the time for
election of Representatives in Congress when the legislature had
already acted. Volume I, section 522.
Instance wherein a constitutional convention in a State undergoing
reconstruction authorized the election of Members of Congress in
anticipation of the sanction of Federal law. Volume I, section 388.
CONVENTION-- Continued.
The Ways and Means Committee has exercised jurisdiction over the
subjects of customs unions, reciprocity treaties, and conventions
affecting the revenues. Volume IV, section 4021.
CONVERSATIONS.
In general during impeachment trials questions as to conversations with
third parties not in presence of respondent have been excluded from
evidence. Volume III, sections 2235-2237.
CONVEYANCE OF TITLE TO PUBLIC LANDS.
A concurrent resolution is not used in conveying title to Government
property. Volume VII, section 1045.
A bill legalizing the conveyance of public lands was considered to be
within the jurisdiction of the Committee on the Judiciary. Volume VII,
section 1783.
CONVICT LABOR.
Bills relating to convict labor and the entry of goods made by convicts
into interstate commerce have been reported by the Committee on Labor.
Volume IV, section 4248. Volume VII, section 1980.
CONVICTION.
Members-elect, unofficially known to be under indictment or actually
convicted after indictment (but pending an appeal), were yet appointed
on committees. Volume IV, section 4479.
The House will not expel a Member for reprehensible action prior to his
election, even when convicted for an offense. Volume VI, section 238.
A member convicted by the courts refrained from participation in the
proceedings of the House pending action on his appeal. Volume VI,
section 238.
A Member convicted in the courts resigned after the House had ordered
an inquiry. Volume VI, section 238.
The Senate took steps looking to punishment of a convicted Senator,
although an application for rehearing of an appeal was pending. Volume
II, section 1282.
A final judgment of conviction under section 1782, Revised Statutes,
does not operate ipso facto to vacate the seat of a convicted Senator
or compel the Senate to expel him. Volume II, section 1282.
A Senator convicted in the courts resigned after the Senate had ordered
an inquiry. Volume II, section 1282.
Treason, bribery, or other high crimes and misdemeanors require removal
of President, Vice-President, or other civil officers on conviction by
impeachment. Volume III, section 2001.
A person convicted in an impeachment trail is still liable under the
Constitution to the punishment of the courts of law. Volume III,
section 2055.
If the respondent be convicted by a two-thirds vote on any article of
impeachment, the Senate shall pronounce judgment. Volume III, section
2098.
``Two-thirds of the Members present'' are required by the Constitution
for conviction on impeachment. Volume III, section 2055.
CONVICTS.
As to the evidence which should be produced at the poll to justify
rejection of a vote tendered by an alleged convict. Volume II, section
978.
In regard to convicts as voters the record of conviction is the only
evidence acceptable to the House unless the record has been destroyed.
Volume II, section 962.
A judgment of the court was held sufficient evidence that a person was
disqualified as a voter by being a convict. Volume II, section 1009.
COOK.
The Iowa election case of Cook v. Cutts in the Forty-seventh Congress.
Volume II, sections 956-958.
COOPER.
The Michigan election case of Howard v. Cooper in the Thirty-sixth
Congress. Volume I, section 837.
The inquiry into the conduct of Judge Frank Cooper, in 1927. Volume VI,
section 549.
COOPERATIVE.
The cooperative marketing and distribution of farm products, the
disposition of surplus agricultural products abroad, proposed
legislation for the stabilization and control of prices of foodstuffs,
and for the establishment of governmental agencies for the
administration of such legislation are within the jurisdiction of the
Committee on Agriculture. Volume VII, section 1871.
An appropriation for cooperative agricultural extension work with the
States and Territories is authorized by the organic law creasing the
Department of Agriculture. Volume VII, section 1172.
An appropriation for fire protection of forested watersheds of
navigable streams, in cooperation with a State, was held to be
authorized by existing law. Volume VII, section 1170.
While an appropriation to enable the Secretary of Agriculture to make
certain investigations is authorized under the organic law creating the
Department of Agriculture, is not in order to require cooperation of
Stats, companies, or individuals therein. Volume VII, section 1301.
The Committee on Agriculture exercises jurisdiction over bills relating
to the purchase, protection, and reforestation of watersheds of
navigable steams and cooperation between the States or on the part of
the Federal Government with the States for such purposes. Volume VII,
section 1876.
An appropriation for investigations in cooperation with industries of
problems in industrial development was held to be authorized by the
organic law creating the Bureau of Standards. Volume VII, section 1260.
Plans for flood protection and the extent to which the United States
should cooperate with the States therein are subjects with the
jurisdiction of the Committee on Flood Control rather than of the
Committee on Rivers and Harbors. Volume VII, section 2071.
COPELAND, ROYAL S., of New York, Presiding Officer.
Decisions of questions of order relating to--
Recommit, motion, to. Volume VIII, section 3315.
COPIES.
The President requested a duplicate copy of a bill, lost after
transmission to him, by a message addressed the House in which the bill
originated. Volume VII, section 1093.
Form of resolution requesting of the Senate a duplicate copy of one of
the its bills. Volume VII, section 1073.
A Senate bill having lost in the House after enrollment and signature
by the Speaker, a Senate resolution authorized the preparation and
delivery of a duplicate copy, which was signed by the Speaker without
further action by the House. Volume VII, section 1072.
A House bill with Senate amendments having been lost, the House agreed
to an order for reengrossment of the bill, and directed the Clerk to
request from the Senate a copy of its amendment thereto. Volume VII,
section 1074.
When leave is given for the withdrawal of a paper from the files of the
House, a certified copy of it is to be left in the office of the Clerk.
Volume V, section 7256.
No officer or employee should furnish any copy of any testimony given
or paper filed on any investigation before the House or any of its
committees Volume III, section 2663.
COPIES--Continued.
No officer or employee of the House should furnish, except by authority
of the House or a statute, any copy of any paper belonging to the files
of the House. Volume III, section 2663.
COPYRIGHT.
The rule gives to the Committee on Patents jurisdiction of subjects
relating ``to patents, copyrights, and trade-marks.'' Volume IV,
section 4254.
The Committee on Patents has jurisdiction of general and special
legislation relating to copyrights, although its title to the
jurisdiction of international copyright is not entirely clear. Volume
IV, section 4257. Volume VII, section 1986.
The Committee on the Judiciary has exercised jurisdiction over the
subject of international copyright, although the clearest title seems
to be with the Committee on Patents. Volume IV, section 4075.
CORBIN.
The Senate election case of Corbin v. Butler from South Carolina in the
Forty-fifth Congress. Volume I, sections 628-631.
CORN BORER.
An appropriation for control of the European corn borer was held to be
authorized by the organic act establishing the Department of
Agriculture. Volume VII, section 1309.
CORNET.
The Virginia election case of Cornet v. Swanson in the Fifty-fourth
Congress. Volume II, section 1071.
CORPORATION LAWS.
Bills for framing a municipal code and amending the criminal laws and
corporation laws in the District have been within the jurisdiction of
the Committee for the District of Columbia. Volume IV, section 4287.
Volume VII, section 2007.
CORPORATIONS.
Matters relating to the investigation and regulation of trusts and
corporations are within the jurisdiction of the Judiciary Committee.
Volume IV, section 4060. Volume VII, section 1764.
The general subject of Federal control of corporations has been
referred to the Committee on the Judiciary. Volume IV, section 4059.
The Committee on the Judiciary has exercised jurisdiction over subjects
relating to the relations of laborers, especially organized laborers,
to the courts and to corporations. Volume IV, section 4072.
Bills of incorporation are often referred to the Committee on the
Judiciary. Volume IV, section 4057.
Bills to incorporate certain agricultural societies have been reported
by the Committee on Agriculture. Volume IV, section 4159.
The general affairs of the Smithsonian Institution, accepting
appropriations therefor, and the incorporation of similar institutions
are within the jurisdiction of the House branch of the Joint Committee
on the Library. Volume IV, section 4346.
The incorporation of the American National Red Cross and the protection
of its insignia are subjects within the jurisdiction of the Committee
on Foreign Affairs. Volume IV, section 4173.
The Committee for the District of Columbia has reported bills for the
incorporation of organizations and societies. Volume IV, section 4288.
A bill to create a corporation in the District of Columbia was held to
be a public bill. Volume IV, section 3294.
CORPORATIONS--Continued.
A private bill is a bill for the relief of one or several specified
persons, corporations, institutions, etc., and is distinguished from a
public bill, which relates to public matters and deals with individuals
only by classes. Volume IV, section 3285. Volume VII, section 869.
CORRECTION. See also ``Congressional Record.''
While correction of the Record to conform with actual facts is by
right, such correction of the Journal is by motion or unanimous
consent. Volume VI, section 631.
On the recapitulation of a yea-and-nay vote a proposition to correct a
vote is not in order until the recapitulation has been concluded.
Volume VI, section 415.
The Speaker may correct the reference of a bill to the calendars at any
time before consideration begins and while the question of
consideration is pending. Volume VI, section 748.
The right of the Speaker to correct the erroneous reference of bills to
the calendars does not apply to references made by the House. Volume
VI, section 749.
A concurrent resolution and not a simple resolution is required to
authorize correction, however trivial, of a bill agreed to by both
Houses. Volume VII, sections 1042, 1068, 1069.
An error in a bill has gone to the President of the United States may
be corrected by a joint resolution. Volume VII, section 1092.
A county court, charged by law with the duty of canvassing precinct
returns, may correct its returns by a supplemental certificate, which
should be taken into account by the governor in issuing credentials.
Volume I, section 581.
The power of the House to examine ballots and correct returns is
inherent but should be exercised only after the official returns have
been discredited. Volume VI, section 143.
The House and its committees are not to be considered boards of
recount, and returns made by boards, charged with that duty by the
State in which the election is held, are presumed correct until
impeached by proof of irregularity or fraud. Volume VI, sections 164,
166, 189.
An official return shown to be erroneous and incapable of correction
ought to be rejected in entirety. Volume VI, section 144.
CORRIDORS.
The Speaker has general control of the Hall, corridors, and
unappropriated rooms in the House wing of the Capitol. Volume II,
section 1354. Volume VI, section 261.
CORRUPT PRACTICES IN ELECTIONS.
(1) Decisions on before enactment of statute.
(2) The Federal law.
(3) Various State laws.
(4) Elections invalidated for violation of statute.
(5) In general.
(1) Decisions on Before Enactment of Statute.
Discussion of the effect of the participation of the candidate himself
in bribery, and its relation to the amount and the proven effect.
Volume II, section 1279.
An early decision that corruption in a small fraction of the votes
should not vitiate an election. Volume I, section 759.
The votes of persons proven to have been corrupted by bribery are
rejected by the House. Volume I, section 575.
One of a series of ballots with similar distinguished marks being shown
to be corrupt, the House, overruling its committee, inferred corruption
as to all. Volume I, section 576.
No personal participation in bribery being shown, a Senator should be
unseated only on proof that enough votes for him had been influenced
corruptly to decide the election. Volume I, section 691.
CORRUPT PRACTICES IN ELECTIONS--Continued.
(1) Decisions on Before Enactment of Statute--Continued.
Charges that the election of a Senator was secured through corrupt
practices, investigated and held not to be sustained by evidence.
Volume VI, section 106.
The evidence being insufficient to show that the election of a Senator
was effected by corrupt means, the Judiciary Committee asked to be
discharged from consideration of the case. Volume I, section 689.
The Senate declined, on vague and indefinite charges of corruption, to
investigate the election of a duly returned Member. Volume I, section
688.
Bribery enough to affect the result not being shown, and the Member not
being personally implicated, the Senate did not disturb his tenure.
Volume I, section 690. Volume VI, section 105.
The Senate invalidated an election procured by corrupt practices
without holding the Senator cognizant of the corrupt practices on which
invalidated. Volume VI, section 108.
Instance wherein minority views, holding a Senator elected by corrupt
practices and therefore not entitled to his seat, were sustained by the
Senate. Volume VI, section 109.
The Senate declined on vague and indefinite charges of corruption to
investigate the election of duly returned Members. Volume VI, section
87.
Discussion as to the extent to which probable cause should be shown to
justify the Senate in investigating charges that an election had been
procured by bribery. Volume I, section 691.
Under instructions from the Senate to investigate and report whether
corrupt methods were employed in election of a Senator, the committee
investigated expenditures in the primary campaign. Volume VI, section
83.
Discussion of effect upon election of Senator of corrupt practices in
the primary, and as to whether practice of corrupt methods in primary
campaign warrant invalidation of election. Volume VI, section 85.
The election of a Senator being thoroughly tainted with bribery, the
Senate was proceeding to unseat him when he resigned. Volume II,
section 1279.
A Senator-elect took the oath on his prima facie right without
challenge, although charges of bribery in his election were presented
immediately thereafter. Volume I, section 692.
A memorial having set forth specifically charges of bribery, and
specified evidence in support thereof, the Senate decided to examine a
Senator's title to his seat. Volume I, section 692.
The committee recommended that a Senator's election be declared void,
enough bribery being shown to have affected the result. Volume I,
section 693.
Charges that corrupt practices were resorted to in procuring election
of Senators being retracted and withdrawn, the Senate did not consider
it necessary to order an investigation. Volume VI, section 87.
(2) The Federal Law.
Application of the corrupt practices act. Volume VI, section 94.
The phrase ``any political purpose'' in the Federal corrupt practices
act is construed to include a primary election. Volume VI, section 68.
The application of provisions of the corrupt practices act to party
primaries. Volume VI, section 70.
The Federal corrupt practices act held to be unconstitutional so far as
it relates to nominations. Volume VI, section 76.
Decision of the Supreme Court that the corrupt practices act
prohibiting Members of Congress from accepting certain contributions
from Federal employees is constitutional. Volume VI, section 68.
CORRUPT PRACTICES IN ELECTIONS--Continued.
(3) Various State Laws.
Construction of Michigan corrupt-practices act. Volume VI, section 74.
Interpreting the corrupt practices act of the State of Missouri. Volume
VI, section 79.
Interpretation of the corrupt practices act of Pennsylvania. Volume VI,
section 98.
Discussion of corrupt practices law of State of West Virginia. Volume
VI, section 82.
Interpretation of the Wisconsin corrupt practices law. Volume VI,
sections 81, 85.
(4) Elections Invalidated for Violation of Statute.
The House has the undoubted right to refuse to seat a person violating
the corrupt practices act or practicing methods in any other way
violative of law. Volume VI, section 94.
The House unseated returned Member for whom campaign expenditures had
been made in excess of amount permitted under the corrupt practices
act. Volume VI, section 75.
A question being raised as to the eligibility of a member under the
operation of the corrupt practices act, a resolution authorizing
inquiry was referred. Volume VI, section 86.
Instance wherein the Senate declined to seat one whose election was
declared to be tainted with fraud and corruption. Volume VI, section
179.
A strict observance of the Federal corrupt practices acts and the
corrupt practices acts of the State from which returned is incumbent
upon candidates and is essential to continued Membership in the House.
Volume VI, section 81.
(5) In General.
Questions relating to the legality of a nomination are properly tested
under the laws and in the courts of the State rather than in the House.
Volume VI, section 98.
Violation of the corrupt practices acts, either Federal or State, are
tried in the respective courts having jurisdiction and not in the House
of Representatives, but any Member found to have violated such acts is
subject to prompt expulsion. Volume VI, section 77.
In 1931 a committee of the Senate investigated campaign contributions
and expenditures with special reference to violations of the Federal
corrupt practices act involving false statements of campaign
expenditures and the fraudulent conversion of campaign funds to private
uses. Volume VI, section 353.
The willful making of a false oath to statements required by the
corrupt practices act constitutes perjury. Volume VI, section 77.
A committee of investigation expressed the opinion that an organization
under investigation had violated the provisions of the corrupt
practices act. Volume VI, section 379.
An instance wherein the Clerk of the House, without an order from the
House, produced before a Senate committee of investigation, after the
expiration of the statutory period provided for their preservation,
statements filed in his office in compliance with the provisions of the
Federal corrupt practices act. Volume VI, section 353.
CORRUPT TRADE PRACTICES.
Jurisdiction of legislation providing penalties for commercial bribery
and other corrupt trade practices belongs to the Committee on the
Judiciary. Volume VII, section 1754.
COUDREY.
The Missouri election case of Coudrey v. Wood in the Fifty-ninth
Congress. Volume I, section 715.
COUNSEL.
(1) Before investigating committees generally.
(2) In cases of arraignment for contempt.
(3) In investigations of impeachable offenses.
(4) In impeachment trials.--Admitted and heard.
(5) In impeachment trials.--At appearance and answer.
(6) In impeachment trials.--Sign and present pleadings.
(7) In impeachment trials.--Motions, etc., by.
(8) In impeachment trials.--Questions to, from Senators.
COUNSEL--Continued.
(9) In impeachment trials.--Presentation of evidence.
(10) In impeachment trials.--Objections to evidence.
(11) In impeachment trials.--Arguments in general.
(12) In impeachment trials.--Final arguments.
(13) In impeachment trials.--Conduct of.
(14) In impeachment trials.--Illness of.
(15) In election cases.--At the bar of the House.
(16) In election cases.--In general.
(17) In the Senate.
(18) In general.
(1) Before Investigating Committees Generally.
The parliamentary law relating to the appearance of counsel. Volume
III, section 1768.
A former regulation as to counsel appearing before committees. Volume
III, section 1771.
A Member's character being impeached by the statement of another Member
before an investigating committee, the committee allowed both Members
to be represented by counsel. Volume III, section 1847.
The committee investigating charges made by a Member of the House
against a member of the press gallery allowed the member to be
represented by counsel. Volume III, section 1846.
The committee investigating charges against Secretary of the Treasury
W.H. Crawford permitted him to be represented by counsel and to produce
testimony. Volume III, section 1741.
Latitude permitted by an investigating committee to the counsel of an
executive officer who had been implicated by the terms of the
resolution creating the committee. Volume III, section 1788.
Instance wherein a witness summoned before an investigating committee
was accompanied by counsel. Volume III, section 1772.
A Senate committee determined that a witness summoned to testify before
it was not entitled to counsel. Volume III, section 1837.
A committee of the House empowered and instructed to make an
investigation was by resolution of the House authorized to employ
counsel and accountants. Volume VI, section 3941.
A committee of investigation permitted persons affected by the
investigation to consult counsel and adopted rules for asking questions
of persons under examination before the committee. Volume VI, section
400.
A committee appointed to investigate the propriety of a Member's
remarks appearing in the Record affords the Member an opportunity to be
heard in person or by counsel. Volume VIII, section 3491.
(2) In Cases of Arraignment for Contempt.
The House permitted a person arraigned for contempt in 1795 to be
represented before the House by counsel. Volume II, section 1601.
In 1812 the opinion of the House seems to have been against permitting
counsel to a contumacious witness arraigned at the bar of the House
(footnote). Volume III, section 1666.
Samuel Houston, arrested for a breach of privilege, was arraigned at
the bar of the House, informed of the charge, and informed that he
might summon witnesses and employ counsel. Volume II, section 1616.
A witness arraigned for contempt was accompanied by his counsel, but
his request that he be heard by counsel was granted only to the extent
of being permitted to respond in writing. Volume III, section 1696.
In the resolution ordering the arrest and arraignment of Whitney the
House at the same time gave him permission to have counsel. Volume III,
section 1667.
COUNSEL--Continued.
(2) In Cases of Arraignment for Contempt--Continued.
The House denied to Kilbourn the services of counsel at his arraignment
for contempt. Volume II, section 1608.
Being arraigned for contempt George F. Seward presented a written
statement signed by himself and counsel, but not attested, and this
answer appears in full in the Journal. Volume III, section 1699.
A person having been arrested for contempt, a communication from his
counsel was laid before the House. Volume III, section 1695.
In a contempt case tried at the bar of the House the prisoner and
counsel withdrew during deliberation of the House. Volume II, section
1602.
William Duane, on trial at the bar of the Senate for contempt, was
allowed counsel under certain conditions. Volume II, section 1604.
Counsel for a contumacious witness, present at the examination and
transgressing the bounds of propriety, was admonished. Volume VI,
section 336.
(3) In Investigation of Impeachable Offenses.
In investigating charges of an impeachable offense the committee
permitted the accused to be represented by counsel and have process to
compel testimony. Volume III, section 1736.
In the investigation of the conduct of Judge Swayne the accused was
present in person with counsel and argued his own case. Volume III,
section 2470.
In the investigation of Judge Blodgett both the complainants and the
respondent were represented by counsel and produced testimony before
the committee. Volume III, section 2516.
In investigating the conduct of Judge Archibald, the Judiciary
Committee, by resolution, extended to the accused permission to be
present with counsel and cross-examine witness. Volume VI, section 498.
The special committee authorized to conduct the investigation held
hearings at which Judge Louderback appeared in person and by counsel.
Volume VI, section 514.
During the investigation of Judge Hanford with a view to impeachment,
he was represented by counsel who cross-examined witnesses and produced
evidence in his behalf. Volume VI, section 526.
During the investigation of Judge Speer, looking to impeachment, he
attended each session, accompanied by counsel, and cross-examined
witnesses. Volume VI, section 527.
During the investigation of Judge Wright with a view to impeachment he
was permitted to appear before the committee with counsel. Volume VI,
section 528.
(4) In Impeachment Trials.--Admitted and Heard.
In impeachment proceedings before the Senate counsel for the respondent
is admitted and heard. Volume III, section 2130.
In English impeachments the respondent has counsel in accusation for
misdemeanor, but not in capital cases. Volume III, section 2120.
In the Blount impeachment a letter from respondent's attorneys
announcing their readiness to attend was filed in the Senate before the
day set for appearance. Volume III, section 2305.
Form of announcing the appearance of counsel in the Belknap trial.
Volume III, section 2453.
On motion of the managers, a clerk and additional counsel were
authorized to sit with them in the conduct of the trial. Volume VI,
section 522.
After William Blount had failed to appear and answer, counsel were
admitted on his behalf. Volume III, section 2308.
The Senate decided that the counsel for William Blount need not file
any warrant of attorney or other written authority. Volume III, section
2309.
COUNSEL--Continued.
(4) In Impeachment Trials.--Admitted and Heard--Continued.
In the Pickering case against the objection of the managers the court
determined to hear the counsel of respondent's son and evidence to show
the insanity of the accused. Volume III, section 2333.
In the Chase impeachment the respondent introduced additional counsel
during the trial. Volume III, section 2354.
While deliberating on the question of jurisdiction in the Belknap case
the Senate notified the managers and counsel that their attendance was
not required. Volume III, section 2459.
The managers were announced when they attended in the Senate for the
trial of the President, but the counsel for respondent entered
unannounced. Volume III, section 2427.
(5) In Impeachment Trials.--At Appearance and Answer.
The person accused in articles of impeachment may appear in person or
by attorney. Volume III, section 2127.
The person impeached may appear to answer the articles in person or by
attorney, and a record is made as to the mode of appearance. Volume
III, section 2129.
When the person accused in articles of impeachment appears by agent or
attorney, a record is made naming the person appearing and the capacity
in which he appears. Volume III, section 2129.
According to the parliamentary law the respondent on accusation for
misdemeanor may answer the articles of impeachment by person, or by
writing, or by attorney. Volume III, section 2120.
The rules for the Pickering trial provided that a record should be made
if respondent appeared in person or by counsel, or if he failed to
appear. Volume III, section 2331.
A Senate committee concluded in the Pickering impeachment that
respondent might answer in person, by attorney, or not at all. Volume
III, section 2324.
The answer in the Peck case was read by counsel for respondent and then
delivered to the Secretary. Volume III, section 2374.
Mr. Justice Chase introduced his counsel at the time he gave in his
answer. Volume III, section 2351.
President Johnson entered his appearance by a letter addressed to the
Chief Justice and naming the counsel to appear for him. Volume III,
section 2424.
Secretary Belknap appeared in person and with counsel to answer the
articles of impeachment. Volume III, section 2452.
In response to the writ of summons Judge Swayne entered appearance by
his counsel. Volume III, section 2479.
At the presentation of the answer in the Swayne case the respondent was
represented by his counsel. Volume III, section 2480.
In response to the writ of summons, Judge Archbald appeared in person
attended by counsel to answer the articles of impeachment. Volume VI,
section 504.
Judge Louderback appeared in person, attended by counsel, to answer the
articles. Volume VI, section 518.
(6) In Impeachment Trials.--Sign and Present Pleadings.
President Johnson's answer was signed by himself and counsel. Volume
III, section 2428.
President Johnson by his own letter and by a paper filed and signed by
his counsel asked forty days in which to prepare his answer. Volume
III, section 2424.
In the Blount impeachment the rejoinder on behalf of respondent was
signed by his attorneys. Volume III, section 2311.
The House sent to the Senate a replication to respondent's plea, and
his counsel presented a rejoinder. Volume III, section 2311.
A protest filed on behalf of respondent in the Belknap trial was signed
by respondent and his counsel. Volume III, section 2461.
COUNSEL--Continued.
(6) In Impeachment Trials.--Sign and Present Pleadings--Continued.
The Senate ordered that an authenticated copy of the replication to
President Johnson's answer be furnished to counsel of the respondent.
Volume III, section 2432.
The answer of Judge Archbald to the articles of impeachment was signed
by himself and his counsel. Volume VI, section 505.
Counsel for Judge Archbald having elected not to plead further notified
the managers by letter of that decision. Volume VI, section 508.
(7) In Impeachment Trials.--Motions, etc., by.
In impeachment trials all motions made by the parties or counsel are
addressed to the presiding officer, and must be in writing if required.
Volume III, section 2131.
Managers and counsel for respondent were required to address motions or
objections directly to the Presiding Officer and not otherwise. Volume
VI, section 519.
Managers and counsel for respondent might submit applications orally to
the Presiding Officer but if requested by any Senator should reduce
them to writing. Volume VI, section 519.
Instance in which on motion of counsel for respondent, and over protest
of managers for the House, the Senate granted the respondent 10 days in
which to answer articles of impeachment. Volume VI, section 482.
In response to a motion by respondent's counsel that time be allowed to
present the answer, the Senate granted 10 days. Volume VI, section 504.
The Presiding Officer held that counsel of the son of Judge Pickering,
admitted to show the insanity of the accused, might not offer a motion
to the court. Volume III, section 2334.
During an impeachment trial a proposition by managers or counsel is not
amendable by Senators, but yields precedence to one made by a Senator.
Volume III, section 2147.
Form of a motion submitted by counsel for respondent in an impeachment
trial. Volume III, section 2156.
Rule of the Senate in the Swayne trial for submitting of requests or
applications by managers or counsel. Volume III, section 2480.
In the Pickering impeachment, counsel for respondent's son presented a
petition of the latter setting forth that his father was insane, and
asking for time to show this. Volume III, section 2333.
A proposition offered by a Senator during an impeachment trial is
amendable by Senators but not by managers or counsel. Volume III,
section 2147.
During an impeachment trial an order proposed by a Senator is debatable
by managers and counsel but not by Senators. Volume III, section 2148.
(8) In Impeachment Trials.--Questions to from Senators.
In defiance of Rule XVIII for impeachment trials, the Senate has
established the practice that Senators may interrogate managers or
counsel for respondent. Volume III, sections 2177-2179.
Questions asked by Senators in an impeachment trial, whether of
managers, counsel, or witnesses, must be in writing. Volume III,
sections 2180, 2181.
Rule in the Swayne trial governing Senators as to colloquies and
questions addressed by them to managers, counsel, or other Senators.
Volume III, section 2154.
Instances wherein Senators propounded questions to counsel during
arguments as to admissibility of evidence. Volume III, section 2222.
Senators might not engage in colloquies or address directly the
managers, the counsel, or each other. Volume VI, section 519.
(9) In Impeachment Trials.--Presentation of Evidence.
The Senate prefers that managers and counsel in examining witnesses in
an impeachment trial shall stand in the center aisle. Volume III,
section 2171.
Witnesses in an impeachment trial were required to give their testimony
standing, but this requirement was held not to apply to counsel. Volume
VI, section 523.
COUNSEL--Continued.
(9) In Impeachment Trials.--Presentation of Evidence--Continued.
Witnesses in an impeachment are examined by one person on either side.
Volume III, section 2168.
In impeachment trials subpoenas are issued on application of managers,
or the respondent, or his counsel. Volume III, section 2162.
In the Archbald trial the Senate provided that lists of witnesses to be
subpoenaed should be furnished by managers or counsel to the Sergeant
at Arms and that additional witnesses desired later should be
subpoenaed on application to the Presiding Officer. Volume VI, section
508.
Procedure to be followed in the swearing of witnesses having been left
to managers and counsel, witnesses were sworn as produced. Volume VI,
section 489.
The Senate denied in the Belknap trial the application of respondent's
counsel for a statement of the facts which the managers expected to
prove by each witness. Volume III, section 2156.
In the Belknap trial the Senate directed the managers and counsel for
respondent to furnish to one another lists of the witnesses they
proposed to call. Volume III, sections 2156, 2460.
During the Peck impeachment trial the respondent assisted his counsel
in examining witnesses, in argument on incidental questions, etc.
Volume III, section 2149.
During the trial of Judge Chase one of the counsel for the respondent
was sworn and examined as a witness. Volume III, section 2174.
Decision by the President pro tempore in the impeachment trial of Judge
Archbald, on the latitude of counsel in cross-examination of witness
relative to testimony previously given by the witness before a
committee of the House. Volume VI, section 496.
The President pro tempore ruled, in the Archbald trial, that counsel in
examination might confine a witness within the limits of his
interrogation, but witness should have opportunity either in direct
examination or under cross-examination, to explain fully any answer
made. Volume VI, section 492.
Evidence may be introduced by counsel to contradict testimony in chief
given by their own witness only upon statement that such testimony is
at variance with that expected and that relying on evidence previously
given by the witness, they have been surprised and entrapped. Volume
VI, section 494.
(10) In Impeachment Trials.--Objections to Evidence.
Either managers or counsel in an impeachment trial may object to an
answer to a question propounded to a witness by a Senator. Volume III,
section 2184.
Rule of the Senate in the Swayne trial permitting managers or counsel
to offer motions or raise questions as to evidence, and prescribing the
manner thereof. Volume III, section 2189.
Instance wherein both managers and counsel for respondent were
permitted to object to questions proposed by Senators. Volume III,
sections 2186, 2187.
The Senate decided that it might, in an impeachment trial, permit a
Senator to interrogate a witness, although both managers and counsel
for the respondent objected. Volume III, section 2185.
The right to ask a decision of the Senate after the Presiding Officer
has ruled preliminarily on evidence belongs to a Senator but not to
counsel. Volume III, section 2195.
In the Johnson trial Chief Justice Chase held that the managers might
not appeal from a decision of the Presiding Officer as to evidence.
Volume III, section 2084.
(11) In Impeachment Trials.--Arguments in General.
In arguing in an impeachment trial counsel take position under
direction of the Senate. Volume III, section 2143.
COUNSEL--Continued.
(11) Impeachment Trials.--Arguments in General--Continued.
Managers and counsel made extended opening statements in the Archbald
trial, the managers outlining charges which they proposed to establish
and counsel for the respondent setting forth the contention that
impeachment could be sustained only on conviction of offenses
punishable in criminal court and controverting charges preferred in the
articles of impeachment. Volume VI, section 509.
In the trial of the impeachment of Judge Robert W. Archbald the
procedure of former trials of impeachment was observed, in that briefs
were not submitted until after managers and counsel for respondent had
made opening statements and introduced witnesses. Volume VI, section
480.
The opening addresses of managers and counsel in the Johnson trial.
Volume III, section 2433.
Instance wherein the Senate, sitting for the impeachment trial, fixed
the number of managers and counsel to argue on an incidental question.
Volume III, sections 2136-2139.
The rule limiting the time of arguments on interlocutory questions in
impeachment trials does not limit the number of persons speaking.
Volume III, sections 2091-2093.
In the Blount impeachment it was arranged that the managers should open
and close in arguing respondent's plea in demurrer. Volume III, section
2312.
The Senate by rule determined the order and time of arguments and the
number of counsel and managers to speak on the plea to jurisdiction in
the Belknap trial. Volume III, section 2458.
While managers or counsel may argue in objection to a question put to a
witness by a Senator in an impeachment trial, the Senator may not
reply. Volume III, section 2188.
It was held that a motion relating to the sitting of the Senate in an
impeachment trial might be argued by counsel. Volume III, section 2142.
The Chief Justice held in the Johnson impeachment that both managers
and counsel might be heard on a motion of a Senator to fix the time for
the trial to begin. Volume III, section 2426.
On a question of permitting counsel for respondent's son to appear in
the Pickering trial, the said counsel was not permitted to argue.
Volume III, section 2333.
Argument on incidental questions arising during the trial of an
impeachment is properly confined to an opening, a reply, and a
conclusion. Volume VI, section 474.
(12) In Impeachment Trials.--Final Arguments.
The final argument on the merits in an impeachment trial is opened and
closed by the House of Representatives. Volume III, section 2132.
The order in which closing arguments in the Archbald trial should be
made was arranged by stipulation between managers and counsel. Volume
VI, section 511.
The final arguments on the merits in an impeachment trial are made by
two persons on each side, unless ordered otherwise upon application.
Volume III, section 2132.
In the Belknap trial the Senate permitted three managers and three
counsel to argue on the final question and in such order as might be
agreed on. Volume III, section 2465.
At the trial of President Johnson both managers and counsel for
respondent objected successfully to the rule limiting the number
speaking in final argument. Volume III, section 2135.
In the Johnson trial the Senate declined to limit the time of the final
arguments. Volume III, section 2135.
The privilege of submitting a written instead of an oral argument in
the final summing up was allowed in the Johnson trial. Volume III,
section 2135.
The counsel for the respondent having touched on extraneous matters in
his final argument in the Louderback trial, was admonished by the
presiding officer to confine himself to the record. Volume VI, section
524.
COUNSEL--Continued.
(13) In Impeachment Trials.--Conduct of.
During an impeachment trial the managers and counsel for the respondent
are required to rise and address the chair before speaking. Volume III,
section 2146.
The posture and position of managers and counsel in trials of
impeachment has been left to their own judgment and preference. Volume
VI, section 487.
The Presiding Officer at an impeachment trial exercises authority to
call to order counsel using improper language. Volume III, sections
2140, 2141.
Instance wherein counsel for respondent in the Swayne trial was called
to order for language reflecting on the conduct of the managers. Volume
III, section 2169.
Instance of action by the Senate as to improper language used by
counsel for respondent in an impeachment trial. Volume III, sections
2140, 2141.
Decision as to the limits within which counsel in an impeachment trial
may criticise a witness. Volume III, section 2192.
Counsel having withheld remarks from the record in violation of the
rule, the managers called attention to the infraction and asked that
the rule be enforced. Volume VI, section 511.
(14) In Impeachment Trials.--Illness of.
Delays in the Johnson trial caused by illness of counsel for respondent
were the occasion of protest on the part of the managers and of action
by the Senate. Volume III, section 2150.
On receipt of a letter from a physician showing the illness of one of
Judge Peck's counsel the court adjourned. Volume III, section 2378.
The illness of counsel or managers was certified to as reason for
disarranging the order of final argument in the Belknap trial. Volume
III, section 2465.
(15) In Election Cases.--At the Bar of the House.
In the First Congress the House did not think it necessary to hear
petitioners in an election case on the floor by counsel. Volume I,
section 757.
In 1791 the House admitted the contestant and his counsel to the bar to
produce testimony in an election case. Volume I, section 709.
In 1792, 1804, and 1841 the House permitted parties in election cases
to be heard by attorneys at the bar of the House. Volume I, sections
657-659.
The House in 1803 permitted a contestant in an election case to be
heard by counsel at the bar of the House (footnote). Volume I, section
765.
In 1836 the House after full discussion declined to permit the
contestant in an election case to be heard by counsel at the bar of the
House. Volume I, section 660.
The House, in 1856, declined to permit a contestant who could not speak
the English language to be heard by counsel at the bar of the House.
Volume I, section 661.
(16) In Election Cases.--In General.
As to the force of admissions by counsel during argument of an election
case. Volume II, section 1130.
Incompetent testimony and long statements by counsel tending to present
such evidence should not be included in the record of an election case.
Volume II, section 1127.
In a case where sitting Member's counsel had surreptitiously suppressed
his evidence the taking of further testimony was permitted. Volume I,
section 505.
On a recount of ballots the official returns in precincts where the
ballots had been destroyed were accepted as correct by agreement of
counsel. Volume VI, section 73.
Counsel for contestee having admitted the justice of contestant's
contention that certain returns ought to be excluded on account of
fraud, it was held that the vote from those precincts should not be
counted for either contestant or contestee. Volume VI, section 134.
COUNSEL--Continued.
(17) In the Senate.
A committee having recommended the expulsion of a Senator, the Senate
allowed him to be heard by counsel at the bar of the Senate before
action on the report. Volume II, section 1263.
The Senate, having allowed a Member to be heard by counsel, exercised
the power of approving his selections. Volume II, section 1264.
In response to charges made in open session, an officer of the Senate
appeared voluntarily at the bar and being arraigned declined counsel.
Volume VI, section 37.
(18) In General.
Action by the House authorizing Members to appear in court in
connection with their official duties is construed to imply
authorization for employment of counsel to represent them. Volume VII,
sections 1311, 1312.
The authority of the Government to exercise control over the Indian
tribes authorizes an appropriation for employment of counsel to
represent their interests in litigation. Volume VII, section 1206.
A treaty sanctioning employment of counsel to represent an
international court was held not to authorize employment of counsel to
represent this Government before such court. Volume VII, section 1140.
COUNT. See also ``Elections of Representatives'' and ``Electoral
Count.''
(1) Of a quorum.--By the Chair, to ascertain.
(2) Of a quorum.--By Mr. Speaker, Reed, of Members not responding on a
roll call.
(3) Of votes in the House.
(1) Of a Quorum.--By the Chair, to Ascertain.
Mr. Speaker Reed in 1890 revived the count by the Chair as a method of
determining the presence of a quorum at times when no record vote is
ordered. Volume IV, section 2909.
Mr. Speaker Reed held in 1890 that it was the function of the Speaker
to determine, in such manner as he should deem accurate and suitable,
the presence of a quorum. Volume IV, section 2932.
In counting to ascertain the presence of a quorum the Chair counts all
Members in sight, whether in the cloak rooms or within the bar. Volume
IV, section 2970. Volume VIII, section 3120.
Under a former rule the Chair in counting the House might not count
Members without the bar (footnote). Volume IV, section 2977.
The Speaker's count of a quorum is not subject to certification by
tellers. Volume IV, section 2916. Volume VI, section 647.
The Chairman's count of a quorum is not subject to verification by
tellers. Volume VIII, sections 2369, 2436.
It is not incumbent upon the Chair to announce the names of Members
present and not voting but counted to make a quorum. Volume VI, section
642.
Instance wherein the Speaker permitted his count of the House to be
verified by tellers, but did not concede it a right of the House to
have tellers under such circumstances. Volume IV, section 2888.
In 1836 it seems to have been customary for the Chairman of the
Committee of the Whole to count the committee to ascertain as to the
presence of a quorum. Volume II, section 1653.
In ascertaining the presence of a quorum in the Committee of the Whole
the Chairman counts members in the Chamber failing to vote on an
incidental motion to rise. Volume VI, section 671.
A call of the House is not in order after the previous question is
ordered unless it appears on an actual count by the Speaker that a
quorum is not present. Volume V, section 5447.
COUNT--Continued.
(1) Of a Quorum.--By the Chair, to Ascertain--Continued.
The right to demand tellers as a further evidence of the vote is not
waived by the fact that a question has been raised as to the presence
of a quorum on the division, and the chair has counted the House.
Volume V, sections 5999, 6000.
The Presiding Officer of the Senate sitting in an impeachment trial
directed the counting of the Senate to ascertain the presence of a
quorum. Volume III, section 2107.
When a count of the House on division discloses a lack of a quorum the
pending business is suspended. Volume IV, section 2933.
Although a Member may not come within the rule permitting him to vote
on roll call, the Speaker may count him as present to make a quorum.
Volume VIII, section 3157.
The point of no quorum has been ruled out as dilatory immediately
following a roll call or count by the Chair disclosing the presence of
a quorum, but the Chair will not so rule unless the presence of a
quorum is patent. Volume VIII, section 2807.
Where a quorum fails on a vote by tellers on seconding a motion to
suspend the rules and a count by the Speaker discloses the presence of
a quorum, the second is ordered. Volume VIII, section 3412.
While the practice in the Senate has varied, the weight of precedent
seems to warrant the counting of those present and not voting in
ascertaining the presence of a quorum. Volume VI, section 645.
(2) Of a Quorum.--By Mr. Speaker Reed, of Members Not Responding on a
Roll Call.
In 1890 Mr. Speaker Reed directed the Clerk to enter on the Journal as
part of the record of a yea-and-nay vote names of Members present but
not voting, thereby establishing a quorum of record. Volume IV, section
2895.
The rule for counting Members not voting in determining the presence of
a quorum. Volume IV, section 2905.
Construction of the rule providing for counting a quorum. Volume IV,
section 2906. Volume VI, section 640.
The point of order being made that a Member noted as present under
section 3 of Rule XV was actually absent, his name was erased from the
list before the announcement of the result. Volume IV, section 2908.
A Member noted as present under section 3 of Rule XV may be permitted
to vote after the calling of the roll is concluded. Volume IV, section
2907.
After the roll call is completed the Speaker is forbidden to entertain
a request to record a vote unless in a case wherein a Member's presence
has been noted in ascertaining a quorum. Volume V, section 6046.
Instance wherein the House declined to permit a change in the Journal
record of persons noted as present and not voting on the statement of
certain ones, not numerous enough to change the result, that they had
been improperly noted. Volume III, section 2620.
An instance wherein the Senate indorsed the principle that a
legislator, whose presence was forcibly obtained and who refused to
vote, might be counted as part of a quorum. Volume I, section 356.
(3) Of Votes in the House.
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. Volume V, section 6002.
The Speaker appointed four tellers to count the ballots for managers of
the Johnson impeachment. Volume III, section 2417.
The integrity of the Speaker in counting a vote has never been
questioned in the House. Volume VIII, section 3115.
On a demand for the yeas and nays it is not in order to request a
rising vote in the negative and the count of the Chair is not subject
to verification. Volume VII, section 3114.
The count of the Speaker in ascertaining whether one-fifth of those
present support a demand for the yeas and nays is not subject to
verification, and a request for a rising vote of those opposed to the
demand is not in order. Volume VIII, section 3112.
COUNT--Continued.
(3) Of Votes in the House--Continued.
In ascertaining whether one-fifth of those present support a demand for
the yeas and nays the Speaker counts the entire number present and not
merely those who rise to be counted. Volume VIII, section 3111.
In ascertaining whether one-fifth of the Members present support a
demand for the yeas and nays the Speaker is not required to take a
rising vote of those opposing but counts all present. Volume VIII,
section 3114.
In counting to ascertain the presence of a quorum or whether a
sufficient number have voted to order yeas and nays, the Chair counts
all Members visible, including those in lobbies and cloakrooms. Volume
VIII, section 3120.
While the count of the Speaker in determining whether a requisite
number of Members has sustained a demand for the yeas and nays is not
subject to verification, and a call for those opposed may not be
demanded as a matter of right, in exceptional instances requests for
tellers have been entertained. Volume VIII, section 3115.
There is no appeal from the count by the chair of the number rising to
demand tellers. Volume VIII, section 3105.
The rules do not specify the manner in which tellers shall count the
vote. Volume VIII, section 3096.
In a vote by tellers it is a matter of mutual agreement as to whether
each teller shall count his own side or the opposing side. Volume VIII,
section 3096.
Instance in which a teller resigned and suggested the appointment of a
successor. Volume VI, section 446.
The report by tellers is made and signed in duplicate, and is entered
upon the Journal of each of the two Houses. Volume VI, section 444.
During a call of the House a motion to adjourn is seconded by a
majority ascertained ``by actual count by the Speaker,'' and tellers
may not be demanded. Volume VI, section 705.
Representation being made before announcement of the result that the
count by tellers was incorrect, on a close vote, the Chairman ordered a
recount. Volume VIII, section 3099.
Discovery of error in the count of a vote subsequent to the
announcement of the vote, even on another day, vitiates the
proceedings. Volume VIII, section 3126.
The Chairman may be counted on a vote by tellers without passing
between the tellers. Volume VIII, section 3101.
Members may not approach the desk during the call of the roll or the
counting of ballots. Volume VI, section 623.
COUNTERFEITING.
The Committee on the Judiciary has jurisdiction of the general subject
of counterfeiting. Volume IV, section 4071. Volume VII, section 1753.
Bills relating to the general subject of trade-marks, including
punishment for the counterfeiting thereof, have been considered by the
Committee on Patents. Volume IV, section 4256. Volume VII, section
1985.
COUNTY.
Because a county was not legally organized and the election was not
held on the legal day, and nonresidents voted, the entire vote of the
county was rejected by the committee. Volume I, section 616.
COUNTY COURT.
A county court, charged by law with the duty of canvassing precinct
returns, may correct its returns by a supplemental certificate, which
should be taken into account by the governor in issuing credentials.
Volume I, section 581.
COUPONS.
Bills for the redemption of lost bonds, checks, and coupons are
reported by the Committee on Claims. Volume IV, section 4266.
COURT OF CLAIMS.
The statues provide that the House or any one of its committees having
jurisdiction may transmit a claim to the Court of Claims for a finding
of fact, which shall be transmitted to the House through the Speaker.
Volume IV, section 3303.
Under the present practice reports from the Court of Claims under the
Bowman Act, which are also reported by a House committee and sent to
the Private Calendar, do not remain on that Calendar during a
succeeding Congress. Volume IV, sections 3299-3302.
Reports from the Court of Claims do not remain on the Calendar from
Congress to Congress, even when a law seems so to provide. Volume IV,
section 3298.
All appropriations of public moneys or property and propositions to
release any liability to the United States or refer any claim to the
Court of Claims are considered in Committee of the Whole. Volume IV,
section 4792.
It was formerly held (before the change in sec. 3 of Rule XXIII) that a
bill referring a claim to the Court of Claims did not require
consideration in the Committee of the Whole. Volume IV, section 4860.
A bill providing for inquiry by the Court of Claims without conferring
authority to render final judgment does not require consideration in
the Committee of the Whole. Volume VII, section 870.
The Committee on Claims has reported general--as distinguished from
special--bills providing for disposition of classes of claims, like the
French spoliation claims, by the Court of Claims. Volume IV, section
4263.
The right of a claims committee to report with the status of a private
bill a resolution providing for sending a series of specified claims to
the Court of Claims has been affirmed. Volume IV, section 3297.
A bill conferring jurisdiction on the Court of Claims to hear and
report on claims of Indian tribes against the United States was classed
as a public bill. Volume VII, section 870.
The Committee on the Judiciary has reported general legislation as to
claims against the United States and as to procedure and jurisdiction
of the Court of Claims. Volume VII, section 1752.
While it is in order to appropriate for payment of judgments of the
courts certified to Congress in accordance with law, mere findings of
fact by the Court of Claims were held not to authorize an
appropriation. Volume VII, section 1292.
COURT OF PATENT APPEALS.
The subject of a court of patent appeals has been within the
jurisdiction of the Committee on the Judiciary. Volume IV, section
4075.
COURT, SUPREME.
A newly appointed Chief Justice of the United States Supreme Court was
received informally by the House. Volume V, section 7080.
COURTS.
(1) As agencies for compelling testimony.
(2) May not require papers from the files.
(3) May not require the attendance of Members or Senators.
(4) Indictment of Senators and Members by.
(5) Relation to House's power to compel testimony.
(6) Jurisdiction of subjects relating to.
(7) In general.
(1) As Agencies for Compelling Testimony.
Decision of the Supreme Court that a law of Congress empowering the
Federal courts to compel testimony before the Interstate Commerce
Commission was constitutional. Volume III, section 1766.
A decision that the Federal courts may not be made by act of Congress
an agency for compelling testimony before a commission. Volume III,
section 1767.
COURTS--Continued.
(2) May not Require Papers from the Files.
No officer or employee of the House may produce any paper belonging to
the files of the House before a court without permission of the House.
Volume III, section 2663. Volume VI, section 587.
The Clerk of the House having been subpoenaed to produce before the
Supreme Court of the District of Columbia certain papers from the
files, reported to the House, and failing to receive permission
disregarded the order of the court. Volume VI, section 587.
The House, in maintenance of its privilege, has refused to permit the
Clerk to produce in court, in obedience to a summons, or original paper
from the files, but has given the court facilities for making certified
copies. Volume III, section 2664.
(3) May not Require the Attendance of Members or Senators.
The House decided that the summons of a court to Members to attend and
testify constituted a breach of privilege and directed them to
disregard the mandate. Volume III, section 2661.
The House, after discussion, declined to make a general rule permitting
Members to waive their privilege in attending court as witnesses, but
gave the permission asked on behalf of a single Member. Volume III,
section 2660.
Members having informed the House, as a matter of privilege, that they
had been summoned before the grand jury of the District of Columbia,
the House authorized them to respond to the summons. Volume III,
section 2662.
Action by the House authorizing Members to appear in court in
connection with their official duties is construed to imply
authorization for employment of counsel to represent them. Volume VII,
section 1311.
A Senator declining to heed a summons to appear and testify before a
Federal grand jury, the court held that if he failed to obey the
subpoena voluntarily the court was without power to compel his
attendance. Volume VI, section 588.
(4) Indictment of Senators and Members by.
It is the custom of the House to defer final action against Members
under criminal charges pending disposition in the court of last resort.
Volume VI, section 238.
It is the uniform practice of the House not to investigate charges of
crime against a member when denied by him and subject to prosecution in
the courts. Volume VI, section 137.
Prior to adjudication by the courts, the House took no note of criminal
proceedings brought against a Member, and retained him in his position
as chairman of a committee. Volume VIII, section 2205.
A Member convicted by the courts refrained from participation in the
proceedings of the House pending action on his appeal. Volume VI,
section 238.
A Member convicted in the courts resigned after the House and ordered
an inquiry. Volume VI, section 238.
A committee which had been empowered to investigate charges of
corruption against Members recommended that action by the House be
delayed pending trial in the courts. Volume VI, section 403.
Violation of the corrupt practices acts, either Federal or State, are
tried in the respective courts having jurisdiction and not in the House
of Representatives, but any Member found to have violated such acts is
subject to prompt expulsion. Volume VI, section 77.
A Senator having been indicted in the United States district court, the
Senate, prior to the trial investigated the charges and exonerated him.
Volume VI, section 399.
(5) Relation to House's Power to Compel Testimony.
While emphasizing the importance of protecting the individual from
unreasonable and arbitrary disclosures of his private affairs, the
court holds that either House of Congress is authorized to require
testimony in aid of legislation. Volume VI, section 338.
Decisions by the Supreme Court on the power of Congress to compel
testimony. Volume VI, sections 341, 346, 351, 354.
COURTS--Continued.
(5) Relation to House's Power to Compel Testimony--Continued.
Decision of the district court on the right of the Senate to compel
testimony and the production of papers and records. Volume VI, section
337.
Decision by the Supreme Court on the power of the House to punish for
contempt. Volume VI, section 534.
The power of the Senate to require testimony of witnesses is in no wise
inferior to that exercised by a court of justice and includes under
comparable circumstances the power to compel attendance. Volume VI,
section 348.
Testimony given before a House or its committee may not be used as
evidence against the witness in any court except in case of alleged
perjury. Volume III, section 1769
The House sometimes transmits to the courts reports in regard to
witnesses who have apparently testified falsely. Volume III, sections
1780, 1781.
A witness imprisoned by the House for contempt was indicted under the
law, whereupon the House ordered his delivery to the officers of he
court. Volume III, section 1672.
A witness refusing to testify before a committee of the Senate was
indicted and tried in the district court. Volume VI, section 337.
An instance wherein the House turned over to the jurisdiction of the
courts an offender guilty of contempt. Volume II, section 1629.
A recalcitrant witness having been released from the custody of the
Sergeant at Arms by judgment of a district court, the Senate authorized
an appeal to the Supreme Court. Volume VI, section 340.
A witness in custody for refusing to testify may invoke the action of
the courts only on a clear showing of arbitrary and improvident use of
the power amounting to a denial of due process of law. Volume VI,
section 349.
The same presumption of regularity attaches to action by the Senate in
directing the arrest of a recusant witness that applies to the
proceedings of the courts. Volume VI, section 349.
Further decision of the Supreme Court with particular reference to the
relation of the question of pertinency of interrogatories propounded by
the committee. Volume VI, section 350.
Review of decisions of the Supreme Court relative to the scope and
extent of congressional investigations. Volume VI, section 354.
A writ of habeas corpus being served on the Sergeant-at-Arms, who held
the witness Irwin in custody for contempt, the House, after
consideration, prescribed the form and manner of return. Volume III,
section 1691.
The attempt in 1876 to punish Hallet Kilbourn for declining to testify
before a committee resulted in a decision of the Supreme Court denying
that the House has an unlimited power to punish for contempt of its
authority. Volume II, section 1611.
No court ``may inquirer directly into the correctness or propriety'' of
a commitment by either House or discharge the prisoner on habeas
corpus. Volume II, section 1640.
In the case of Kilbourn vs. Thompson the court affirmed the immunity of
Members of the House from prosecution on account of their action in a
case of alleged contempt. Volume III, section 2675.
(6) Jurisdiction of Subjects Relating to.
The Committee on the Judiciary has exercised jurisdiction of bills
relating to local courts in the District of Columbia and Alaska and the
Territories. Volume IV, section 4068.
The Committee on the Judiciary have exercised jurisdiction of bills
relating to insular courts. Volume VII, section 1767.
Bills relating to court procedure in criminal cases in the District of
Columbia are within the jurisdiction of the Committee of the District
of Columbia. Volume VII, section 2012.
Charges against judges of the United States courts are usually
investigated by the Committee on the Judiciary. Volume IV, section
4062.
The Committee on the Judiciary has exercised jurisdiction over subjects
related to the relations of laborers, especially organized laborers, to
the courts and to corporations. Volume IV, section 4072.
COURTS--Continued.
(6) Jurisdiction of Subjects Relating to--Continued.
The punishment, prevention, and definition of crime and the
organization of courts are subjects within the jurisdiction of the
Committee on the Judiciary. Volume VII, section 1747.
Appointment of Federal judges and other court officials and legislation
pertaining to their salaries are subjects within the jurisdiction of
the Committee on the Judiciary. Volume VII, section 1750.
Subjects relating to the jurisdiction of the courts are referred to the
Committee on the Judiciary. Volume VII, section 1760.
The Committee on the Territories has jurisdiction of legislation
relating to the general affairs of the Territories and has even
reported bills relating to the courts. Volume IV, section 4209.
The Committee for the District of Columbia has exercised jurisdiction
as to the police and juvenile courts and justices of the peace in the
District. Volume IV, section 4290.
The jurisdiction of the Committee for the District of Columbia as to
matters affecting the higher courts of the District has been
exceptional rather than general. Volume IV, section 4291.
Bills creating courts of the United States in foreign countries are
within the jurisdiction of the Committee on Foreign Affairs. Volume IV,
section 4167.
The participation by the United States in a World Court of
International Justice is a subject within the jurisdiction of the
Committee on Foreign Affairs. Volume VI, section 326.
(7) In General.
Summaries showing number of bills introduced, number of reports
submitted by committees, number of laws enacted, and number of acts of
Congress declared unconstitutional by the Supreme Court. Volume VII,
section 1028.
The pocket-veto case decided by the Supreme Court in 1929. Volume VII,
section 1115.
The decision of Mr. Speaker Reed in counting as part of the quorum
Members not voting was sustained by the Supreme Court. Volume IV,
section 2904.
Instance wherein the courts discussed and sustained the privilege of
the Member in going to and returning from the sessions of the House.
Volume III, section 2674.
The court in which a Member is challenged was held by the House to be
the proper forum in which to plead constitutional exemption and
privilege. Volume VII, section 2164.
The judges of the Supreme Court have the privileges of the floor.
Volume V, section 7283. Volume III, section 3634.
Certified extracts of the Journal are admitted as evidence in the
courts of the United States Volume IV, section 2810.
Jefferson's Manual and Hinds' Precedents are cited by the Supreme Court
as authorities in parliamentary procedure. Volume VI, section 343.
The Speaker held that while the courts may not construe a law in the
light of debate attending its passage in the Legislature, the rules are
to be interpreted according to views of their purport expressed at the
time of adoption. Volume VII, section 1023.
In 1796 the House discontinued impeachment proceedings against a
Territorial judge on assurance that he would be prosecuted in the
courts. Volume III, section 2486.
Opinion of Attorney-General Charles Lee as to impeachment of a
Territorial judge holding office during good behavior. Volume III,
section 2486.
A rule adopted by a Senate committee providing that the presence of six
Senators should constitute a quorum of the committee was held by the
courts to be invalid because adopted at a meeting at which less than a
quorum of the committee was present. Volume VI, section 345.
COURTS, JAMES C.
Statement of, as to manner of holding conferences between the two
Houses (footnote). Volume V, section 6254.
COVODE.
The Pennsylvania election case of Covode v. Foster in the Forty-first
Congress. Volume I, sections 559-562.
COX, ELECTION CASE OF.
The Minnesota election case of Cox v. Strait in the Forty-fourth
Congress. Volume II, sections 911, 912.
COX, SAMUEL S., of New York, Speaker pro tempore.
Decisions on questions of order relating to--
Calendars. Volume IV, section 3300.
Call of the House. Volume IV, section 2989.
Committee of the Whole. Volume IV, section 4877.
Continuance of a public work. Volume IV, section 3741.
Legislation in appropriation bills. Volume IV, section 4016.
Privilege. Volume I, section 288 (footnote), 675. Volume III, sections
2607, 2644.
Privileged reports. Volume IV, section 4649.
Quorum. Volume IV, section 2897.
Reconsider, motion to. Volume V, sections 5651, 5681.
Safety of Members. Volume III, section 2685.
Enrolled bills. Volume III, section 2601.
Yeas and nays. Volume V, section 6105.
COYLE, ELECTION CASE OF.
The Pennsylvania election case of Kent v. Coyle, in the Seventy-secoind
Congress. Volume VI, section 187.
CRAGO, ELECTION CASE OF.
The Pennsylvania election case of Wise v. Crago in the Sixty-second
Congress. Volume VI, section 99.
CRAIG.
The Pennsylvania election case of Craig v. Stewart in the Fifty-second
Congress. Volume II, section 1041.
The Alabama election case of Craig v. Shelley in the Forty-eighth
Congress. Volume II, section 995.
CRAMTON, LOUIS C., of Michigan, Chairman.
Decisions on questions of order relating to--
Calendar Wednesday. Volume VII, section 966.
Committees, jurisdiction of. Volume VII, section 2114.
Concur with an amendment, motion to. Volume VIII, section 2676.
Debate. Volume VIII, sections 2547, 2562.
Enacting clause, strike out. Volume VIII, section 2627.
Reading. Volume VIII, section 2341.
CRAWFORD, ELECTION CASE OF.
The North Carolina election case of Pearson v. Crawford in the Fifty-
sixth Congress. Volume II, sections 1112, 1113.
CRAWFORD, W. H.
The committee investigating charges against Secretary of the Treasury
W.H. Crawford permitted him to be represented by counsel and to produce
testimony. Volume III, section 1741.
CREDIT.
While the Ways and Means Committee has jurisdiction as to the revenues
and bonded debt of the United States, its claims as to the subject of
``national finances'' and ``preservation of the Government credit''
have been resisted successfully. Volume IV, section 4023.
CREDIT--Continued.
The strengthening of public credit, issues of notes and taxation,
redemption, etc., thereof, and authorization of bond issues in
connection therewith, have been considered by the Committee on Banking
and Currency. Volume IV, section 4084.
Subjects relating to rural credits and farm-loan legislation, including
the extension of rural-credit legislation to the territories, come
within the jurisdiction of the Committee on Banking and Currency.
Volume VII, section 1791.
The administration of the War Finance Corporation, the provision of
credits for essential industries, and the supervision of the issuance
of related securities are subjects within the jurisdiction of the
Committee on Banking and Currency. Volume VII, section 1795.
CREDIT MOBILIER.
The censure of James Brooks and Oakes Ames for acts done in connection
with the Credit Mobilier. Volume II, section 1286.
CRIMES.
(1) Charged against a Member.
(2) As related to qualifications of a Member.
(3) As related to impeachment.--``High crimes and misdemeanors.''
(4) As related to impeachment.--Indictable offenses.
(5) As related to impeachment.--Offenses of judges.
(6) As related to impeachment.--Offenses of judges in relation to
intent.
(7) As related to the suffrage.
(8) Jurisdiction of Committee as to.
(1) Charged Against a Member.
The words ``treason, felony, and breach of the peace'' in the
constitutional guaranty of privilege have been construed t mean all
indictable crimes. Volume III, section 2673.
All criminal offenses are comprehended by the terms ``treason, felony,
and breach of the peace,'' as used in the Constitution, excepting these
cases from the operation of the privilege from arrest therein conferred
upon Senators and Representatives during their attendance at the
sessions of their respective Houses, and in going to and returning from
the same. Volume VI, section 589.
A Member being charged with the crime of manslaughter, the House
declined to determine whether or not a question of privilege was
raised, and did not investigate. Volume II, section 1277.
A Member being charged with a crime entirely disconnected with his
Representative capacity, the House declined to hold that a question of
privilege was involved. Volume I, section 466.
Instance of examination by a House committee of charges of bigamy and
treason against a Delegate. Volume I, section 526.
(2) As Related to Qualifications of a Member.
B.F. Whittemore, being reelected to the same Hosue from which he had
resigned to escape expulsion for crime, was excluded from taking the
oath and his seat. Volume I, section 464.
Discussion of the laws of Congress against polygamy as creating a
statutory disqualification. Volume I, section 478.
The case of Brigham H. Roberts in the Fifty-sixth Congress. Volume I,
sections 474-480.
The House declined to permit the oath to be administered to Brigham H.
Roberts pending an examination of his qualifications by a committee.
Volume I, section 474.
In a sustained report in 1900 the majority of the committee favored the
exclusion and not the expulsion of a Member-elect admitted to be
engaged in the practice of polygamy. Volume I, section 476.
A committee announced as a fundamental principle that the House could
not permit in its membership a person serving a sentence for crime.
Volume VI, section 238.
CRIMES--Continued.
(2) As Related to Qualifications of a Member--Continued.
It is the custom of the House to defer final action against Members
under criminal charges pending disposition in the court of last resort.
Volume VI, section 238.
Prior to adjudication by the courts, the House took no note of criminal
proceedings brought against a Member, and retained him in his position
as chairman of a committee. Volume VIII, section 2205.
A member under criminal indictment retained his position as chairman of
a committee but refrained from active participation in legislative
proceedings pending judicial determination. Volume VIII, section 2205.
(3) As Related to Impeachment.--``High Crimes and Misdemeanors.''
Treason, bribery, or other high crimes and misdemeanors require removal
of President, Vice-President, or other civil officers on conviction by
impeachment. Volume III, section 2001.
Elaborate discussion of meaning of the words ``high crimes and
misdemeanors.'' Volume III, section 2406.
Review of the deliberation of the Constitutional Convention as bearing
on the use of the words ``high crimes and misdemeanors.'' Volume III,
section 2018.
Argument that an impeachable offense is any misbehavior that shows
disqualification to hold and exercise the office, whether moral,
intellectual, or physical. Volume III, section 2015.
Discussion of the theory that an impeachable offense is one in its
nature or consequence subversive of some fundamental or essential
principle of Government, or highly prejudicial to the public interest.
Volume III, section 2019.
In the Colfax case the majority of the Judiciary Committee contended
that the power of impeachment was rather remedial than punitive. Volume
III, section 2510.
Argument of Mr. Thaddeus Stevens that impeachment is a purely political
proceeding. Volume III, section 2410.
Discussion of English and American precedents as bearing on the meaning
of the phrase ``high crimes and misdemeanors.'' Volume III, section
2020.
Discussion of the nature of the impeaching power, with reference to
American and English precedents. Volume III, section 2405.
Argument that the phrase ``high crimes and misdemeanors'' is a ``term
of art'' of fixed meaning in English parliamentary law, and
transplanted to the Constitution in unchangeable significance. Volume
III, section 2009.
Discussion of the meaning in English parliamentary law and in the
Constitution, of the phrase ``high crimes and misdemeanors'' as applied
to judicial conduct. Volume VI, section 462.
Argument from review of English impeachments that the phrase ``high
crimes and misdemeanors'' as applied to judicial conduct must mean only
acts of the judge while sitting on the bench. Volume III, section 2013.
Views of the minority of the Judiciary Committee in 1830 as to offenses
amounting to high misdemeanor. Volume III, section 2492.
A statement as to the sentiments of the House on the nature of the
power of impeachment during the first and second attempts to impeach
President Johnson. Volume III, section 2416.
As reported from the committee the articles impeaching President
Johnson were confined to a few acts chiefly concerning Secretary
Stanton. Volume III, section 2416.
The first attempt to impeach President Johnson was based on the salient
charge of usurpation of power, with many specifications. Volume III,
section 2404.
Discussion of usurpation of power as a ground for impeachment. Volume
III, section 2509.
Definition of impeachable offenses by counsel for President Johnson.
Volume III, section 2433.
CRIMES--Continued.
(3) As Related to Impeachment.--``High Crimes and Misdemeanors''--
Continued.
Reference to discussions as to what are impeachable offenses. Volume
III, section 2008.
(4) As Related to Impeachment--Indictable Offenses.
Whether or not an offense must be indictable under a statute in order
to come within the impeaching power was discussed fully in the first
attempt to impeach President Johnson. Volume III, section 2405.
In the first attempt to impeach President Johnson the minority of the
Judiciary Committee held that an indictable offense must be charged.
Volume III, section 2406.
The question whether impeachment must be confined to indictable
offenses was in issue as to the second report favoring impeachment of
President Johnson. Volume III, section 2410.
Although the charges in the articles impeaching President Johnson were
at first narrowed to a few charges, there was a protest against the
theory that only an indictable offense was impeachable. Volume III,
section 2416.
On the tenth and eleventh articles in the Johnson impeachment the
House, after debate, concluded to impeach for other than indictable
offenses. Volume III, section 2418.
Abandonment of the theory that impeachment may be only for indictable
offenses. Volume III, section 2019.
Argument as to whether impeachment is restricted to offenses which are
indictable, or at least of a criminal nature. Volume VI, section 455.
Impeachable offenses are not confined to acts interdicted by the
Constitution or the Federal Statutes but include also acts not commonly
defined as criminal or subject to indictment. Volume VI, section 545.
(5) As Related to Impeachment--Offenses of Judges.
The House, without division, voted to impeach Judge Delahay for
improper personal habits. Volume III, section 2505.
The majority of the Judiciary Committee recommended the impeachment of
Judge Busteed, principally for nonresidence. Volume III, section 2512.
A question as to the authority of Congress to make nonresidence of a
judge an impeachable offense. Volume III, section 2512.
A majority of the Judiciary Committee reported in favor of impeaching
Judge Durell, principally for usurpation of power. Volume III, section
2508.
Argument of Mr. John M. Thurston, counsel, that judges may be impeached
only for judicial misconduct occurring in the actual administration of
justice in connection with the court. Volume III, section 2010.
Argument of Mr. Anthony Higgins, counsel, that impeachable offenses by
a judge are confined to acts done on the bench in discharge of his
duties. Volume III, section 2012.
Review of impeachments in Congress to show that judges have been
impeached only for acts of judgment performed on the bench as
contradistinguished from personal acts performed while in office.
Volume III, section 2017.
Answer to the argument that a judge may be impeached only for acts done
in his official capacity. Volume III, section 2015.
Argument of Mr. Manager Perkins that a judge may be impeached for
personal misconduct. Volume III, section 2011.
Mr. Manager Olmstead's argument that impeachment is not restricted to
offenses indictable under Federal law and that judges may be impeached
for breaches of ``good behavior.'' Volume III, section 2020.
Argument of Mr. Manager Clayton that a judge may be impeached for
misbehavior not necessarily connected with his judicial functions.
Volume III, section 2016.
Argument that a judge may be impeached for misbehavior general. Volume
III, section 2021.
CRIMES--Continued.
(5) As Related to Impeachment.--Offenses of Judges--Continued.
In 1890 the Judiciary Committee concluded that Judge Boarman should be
impeached for an act in violation of the statute. Volume III, section
2517.
An argument that judges may be impeached for any breach of good
behavior. Volume III, section 2497.
As to what are impeachable offenses was a subject of argument in the
Watrous case. Volume III, section 2498.
Discussion of the question of impeachability of a judge for offenses
not subject to prosecution by indictment or information in a criminal
court. Volume VI, section 464.
Managers and counsel made extended opening statements in the Archbald
trial, the managers outlining charges which they proposed to establish
and counsel for the respondent setting forth the contention that
impeachment could be sustained only on conviction of offenses
punishable in criminal court and controverting charges preferred in the
articles of impeachment. Volume VI, section 509.
The Archbald case removed from the domain of controversy of proposition
that judges are only impeachable for the commission of crimes or
misdemeanors against the laws of general application. Volume VI,
section 457.
(6) As Related to Impeachment.--Offenses of Judges in Relation to
Intent.
Discussion of the intent of a judge as a primary condition needed to
justify impeachment. Volume III, section 2104.
The second investigation of Judge Boarman having revealed on absence of
bad intent in his censurable acts, the committee and the House decided
against impeachment. Volume III, section 2518.
The committee and the House acted adversely on a proposition to impeach
Judge Blodgett for an act in excess of his jurisdiction, bad faith not
being shown. Volume III, section 2516.
Instance wherein a majority of the Judiciary Committee reported a
resolution censuring a judge for acts not shown to be with corrupt
intent. Volume III, section 2519.
(7) As Related to the Suffrage.
No penalty is fixed for a denial of the right of suffrage because of
rebellion or other crimes. Volume I, section 301.
Where votes are disqualified for crime a vote should not be rejected
unless there is proper evidence of the conviction of the person
offering it. Volume I, section 537.
(8) Jurisdiction of Committee as to.
The subjects of criminals, crimes, penalties, and extradition are
within the jurisdiction of the Committee on the Judiciary. Volume IV,
section 4069.
The punishment, prevention, and definition of crime and the
organization of courts are subjects within the jurisdiction of the
Committee on the Judiciary. Volume VII, section 1747.
The study of criminal, pauper, and defective classes is a subject under
jurisdiction of the Committee on the Judiciary. Volume VII, section
1756.
Bills proposing punishment of crimes against interstate or foreign
shipments belong within the jurisdiction of the Committee on the
Judiciary. Volume VII, section 1757.
Provisions for assessment and remission of punishments and penalties in
connection with crimes and offfense against the mail service have been
reported by the Committee on the Post Office and Post Roads. Volume
VII, section 1920.
CRIMINAL CHARGE.
The Commons in impeaching usually pass a resolution containing a
criminal charge against the accused and direct a member to impeach him
by oral accusation before the Lords. Volume III, section 2026.
CRIMINAL LAW.
The rule assigns to the Judiciary Committee jurisdiction of subjects
relating to ``judicial proceedings, civil and criminal law.'' Volume
IV, section 4054.
CRIMINAL PROCEDURE.
Argument that an impeachment trial is a criminal proceeding. Volume
III, section 2010.
An argument that an impeachment trial is not a criminal proceeding.
Volume III, section 2270.
CRIMINALS.
The subjects of criminals, crimes, penalties, and extradition are
within the jurisdiction of the Committee on the Judiciary. Volume IV,
section 4069.
CRISP, CHARLES F., of Georgia, Speaker.
Decisions on questions of order relating to--
Adjourn, motion to. Volume V, sections 5365, 5370.
Adjourn, to fix the day. Volume V, sections 5382, 5383.
Amendments. Volume IV, section 4881.
Amendments between the Houses. Volume V, sections 6173, 6197.
Amendments, germane. Volume V, section 5829.
Amendments not germane. Volume V, sections 5882, 5886.
Appeals. Volume V, section 6941.
Bills. Volume IV, section 3292. Volume V, sections 6144.
Call of committees. Volume IV, section 3121.
Call of the House. Volume III, sections 2545, 2617, 2618. Volume IV,
sections 2985-2987, 2998, 3005, 3017, 3018, 3019, 3026, 3027, 3039.
Committee of the Whole. Volume IV, sections 4801, 4802, 4819, 4841,
4842, 4853, 4855, 4863, 4864.
Conference. Volume V, sections 6272, 6586.
Conference reports. Volume V, sections 6408, 6457, 6512, 6586.
Congressional Record. Volume III, section 2623. Volume V, sections
6964, 6968, 6982, 6998, 7023.
Debate. Volume V, sections 4985, 5123, 5183-5187.
Debate, five-minute. Volume V, section 5229.
Dilatory motions. Volume V, sections 5716-5719, 5739-5741, 5747, 5749.
Discharge of a committee. Volume III, section 1871.
Discharge of managers of a conference. Volume V, sections 6526, 6527.
Division of question. Volume IV, sections 4890, 4892. Volume V, section
6162.
Enacting words stricken out. Volume V, section 5338.
Forty minutes of debate. Volume V, sections 5504, 5505, 6822.
General parliamentary law. Volume V, section 5604.
Journal. Volume IV, sections 2751, 2754-2756, 2758, 2772, 2773.
Jurisdiction of committees. Volume IV, sections 4359, 4360, 4365, 4382,
4383, 4386, 4387.
Lay on the table, motion to. Volume V, sections 5391, 5412, 5420.
Message. Volume V, sections 5268, 6603, 6641, 6642.
Order of business. Volume IV, sections 3104, 3114.
Personal explanations. Volume IV, section 2864.
Personal privilege. Volume III, sections 2693, 2700. Volume V, section
5078.
Points of order. Volume IV, section 3282. Volume V, section 6928.
Postpone, motion to. Volume IV, section 4915.
Previous question. Volume V, sections 5480, 5487, 5513, 5518, 5519,
5542, 5575, 5584, 5585, 5588, 5593, 5594, 5602.
Private bills. Volume IV, sections 3275, 3277, 3282.
Privilege. Volume III, sections 2528, 2529, 2548, 2555, 2565, 2568,
2569, 2572, 2582, 2586, 2591, 2610, 2619, 2637, 2643, 2688, 2690, 2720.
CRISP, CHARLES F., of Georgia, Speaker--Continued.
Decisions on questions of order relating to--Continued.
Privilege of the floor. Volume V, sections 7285, 7290.
Privileged motions. Volume IV, sections 3075, 3086, 3305.
Privileged reports. Volume IV, sections 4630, 4635, 4648.
Question of consideration. Volume IV, sections 3308, 3309. Volume V,
sections 4948, 4961, 4962, 4966, 4969, 4970, 4973, 4974.
Quorum. Volume IV, sections 2919, 2920, 2922, 2941, 2954, 2959, 2961,
2967.
Recall of a bill. Volume IV, section 3478.
Reconsider, motion to. Volume V, sections 5610, 5611, 5648, 5665, 5677,
5682, 5688.
Refer, motion to. Volume V, sections 5533-5537, 5564.
Reference of bills. Volume IV, sections 2853, 4378.
Reference of claims. Volume IV, section 4381.
Report of committees. Volume IV, section 4591.
Report of Committee of the Whole. Volume IV, sections 3225, 3226, 3229.
Resolutions of inquiry. Volume III, sections 1869, 1870.
Rules, Committee on. Volume V, section 6771.
Speaker. Volume II, section 1342. Volume V, sections 5937, 5938.
Speaker's table. Volume IV, sections 3105, 3110.
Special order. Volume IV, sections 3176, 3203-3206, 3208, 3211, 3213.
Volume V, section 6774.
Suspension of rules. Volume V, sections 5752, 6794, 6800, 6818, 6827,
6844.
Tellers. Volume V, sections 5989, 5990.
Unanimous consent. Volume IV, section 3058.
Vetoed bills. Volume IV, section 3546.
Withdrawal of motions. Volume V, sections 5347, 5353, 5357.
Withdrawal of vote. Volume V, section 5930.
Yeas and nays. Volume V, sections 6024, 6056, 6064.
CRISP, CHARLES R., of Georgia, Chairman.
Decisions on questions of order relating to--
Amendment, germaneness of. Volume VII, section 1523. Volume VIII,
section 3059.
Amendment, in the third degree. Volume VII, section 783.
Amendment, substitute. Volume VIII, section 2861.
Amendment, when offered. Volume VIII, sections 2475, 2862.
Appropriations. Volume VII, sections 1225, 1328, 1350, 1409, 1437,
1448, 1455, 1456, 1458, 1518, 1535, 1537, 1566, 1624, 1654, 1676, 1677.
Committees, jurisdiction of. Volume VII, section 2116.
Debate. Volume VIII, section 3454.
Holman Rule. Volume VII, sections 1425, 1494.
Privilege. Volume VIII, section 2567.
Recommit, motion to. Volume VIII, section 2698.
Reference. Volume VIII, section 2262.
Unanimous Consent Calendar. Volume VII, section 991.
CRITICISM IN DEBATE. See ``Debate.''
CROSS.
The election case of Cross v. McGuire from the Territory of Oklahoma in
the Fifty-eighth Congress. Volume I, section 732.
CROSS-EXAMINATION IN IMPEACHMENT TRIALS AND INVESTIGATIONS.
Witnesses in an impeachment are examined by one person on either side.
Volume III, section 2168.
CROSS-EXAMINATION IN IMPEACHMENT TRIALS AND INVESTIGATIONS--Con.
In the Swayne trial it was held that cross-examination should be
responsive to the examination in chief. Volume III, sections 2210,
2211.
Discussion as to whether or not the cross-examination in an impeachment
trial may go beyond the scope of the direct examination. Volume III,
section 2208.
Instance wherein, during cross-examination in an impeachment trial, the
Senate sustained objection to evidence on a point not touched to direct
examination and of doubtful pertinency. Volume III, section 2213.
In the Belknap trial the Senate permitted a redirect examination which
was not responsive to the facts elicited in cross-examination. Volume
III, section 2209.
Managers and counsel disagreeing as to method of direct and cross-
examination of a delayed witness, the Senate ordered examination in
accordance with the regular practice. Volume III, section 2170.
The Senate decided in the Belknap trial that a witness recalled, after
direct and cross-examination, to answer a question by a Senator might
not be again subjected to direct examination. Volume III, section 2215.
The Chief Justice declined to rule finally that cross-examination of a
witness in an impeachment trial should be concluded before his
dismissal. Volume III, section 2214.
Rulings in the Swayne trial as to right to counsel of respondent to
introduce documents in evidence during their cross-examination of
witnesses for the managers. Volume III, section 2212.
There being no appearance for Judge Pickering, witnesses presented by
the managers were not cross-examined, except for a few questions by the
presiding officer. Volume III, section 2335.
Decision by the President pro tempore in the impeachment trial of Judge
Archbald, on the latitude of counsel in cross-examination of witness
relative to testimony previously given by the witness before a
committee of the House. Volume VI, section 496.
The President pro tempore ruled, in the Archbald trial, that counsel in
examination might confine a witness within the limits of his
interrogation, but witness should have opportunity either in direct
examination or under cross-examination, to explain fully any answer
made. Volume VI, section 492.
During the investigation of Judge Speer, looking to impeachment, he
attended each session, accompanied by counsel, and cross-examined
witnesses. Volume VI, section 527.
During the investigation of Judge Hanford with a view to impeachment,
he was represented by counsel who cross-examined witnesses and produced
evidence in his behalf. Volume VI, section 526.
In investigating the conduct of Judge Archbald, the Judiciary
Committee, by resolution, extended to the accused permission to be
present with counsel and cross-examine witness. Volume VI, section 498.
CROWE.
The Alabama election case of Crowe v. Underwood in the Fifty-fifth
Congress. Volume II, section 1101.
CROWLEY.
The Texas election case of Rosenthal v. Crowley in the Fifty-fourth
Congress. Volume I, section 684.
The Illinois election case of Crowley v. Wilson in the Sixty-second
Congress. Volume VI, section 132.
CRUMPACKER, EDGAR D., of Indiana, Chairman.
Decisions on questions of order relating to--
Amendments not germane. Volume V, sections 5833, 5851, 5869.
Authorization of appropriations. Volume IV, sections 3607, 3632, 3638-
3640, 3644-3646, 3658.
CRUMPACKER, EDGAR D., of Indiana, Chairman--Continued.
Decisions on questions of order relating to--Continued.
Continuaiton of a public work. Volume IV, sections 3705, 3736.
Five-minute debate. Volume V, section 5222.
Five-minute rule. Volume IV, section 3833.
Legislation on appropriation bills. Volume IV, sections 3833, 3834,
3856, 3870.
Limitations. Volume IV, sections 3919, 3976.
Point of order. Volume V, sections 6901, 6911.
Quorum. Volume IV, section 2949.
CUBA.
The rule creating the Committee on Insular Affairs gave to it
jurisdiction of subjects relating to Cuba. Volume IV, section 4213.
Although there is a specific rule giving to the Committee on Insular
Affairs the jurisdiction of matters relating to Cuba, the House has
decided that they belong rather to the Committee on Foreign Affairs.
Volume IV, section 4215.
The joint resolution of 1898 declaring the intervention of the United
States to remedy conditions existing in the island of Cuba originated
in the House. Volume II, section 1540.
CULBERSON.
The Texas election case of Davis v. Culberson in the Fifty-fourth
Congress. Volume I, section 755.
CULPEPPER.
The North Carolina election case of McFarland v. Culpepper in the Tenth
Congress. Volume I, section 321.
CUMMINS, ALBERT B., of Iowa, President pro tempore.
Decisions on questions of order relating to--
Conferences. Volume VIII, sections 3274, 3275, 3300, 3301.
Joint Session. Volume VIII, section 3334.
Reference. Volume VII, section 2163.
Revenue bill. Volume VI, section 316.
CUMULATIVE.
In the Belknap trial testimony cumulative as to the fact but not as to
the intent of respondent was admitted. Volume III, section 2275.
CUNNINGHAM.
The Case of Thomas W. Cunningham, recusant witness. Volume VI, section
346.
CURRENCY.
The rule assigns to the Committee on Banking and Currency jurisdiction
of subjects relating to ``banking and currency.'' Volume IV, section
4082.
A legislative proposition to maintain the parity of the money of the
United States was reported by the Committee on Banking and Currency.
Volume IV, section 4089.
The jurisdiction of the subject of the issue of silver certificates as
currency was given to the Committee on Banking and Currency. Volume IV,
sections 4087, 4088.
The strengthening of public credit, issues of notes, and taxation,
redemption, etc., thereof, and authorization of bond issues in
connection therewith have been considered by the Committee on Banking
and Currency. Volume IV, section 4084.
CURRIER, FRANK D., of New Hampshire. Chairman.
Decisions on questions of order relating to--
Amendments. Volume V, section 5791.
Appropirations. Volume VII, sections 1292, 1312, 1315, 1623.
Bills. Volume VIII, section 2333.
Continuance of a public work. Volume IV, section 3718.
Debate. Volume VIII, section 2486.
CURRIER, FRANK D., of New Hampshire. Chairman--Continued.
Decisions on questions of order relating to--Continued.
Jurisdiction of committees. Volume IV, sections 4044, 4046, 4049, 4165,
4220.
Leave to print. Volume V, section 7010.
Legislation on appropriation bills. Volume IV, sections 3815, 3897,
3898.
Limitations. Volume IV, sections 3922, 3984, 4017, 4018.
Point of order. Volume V, section 6868, 6884.
Reading. Volume VII, section 1054. Volume VIII, section 2335.
Recognition. Volume VIII, section 2865.
Recommit, motion to. Volume VIII, sections 2326, 2329.
Senate amendments. Volume V, section 6196.
Strike out, motion to. Volume V, section 5771.
Tellers. Volume V, section 5988.
CURTIN.
The Pennsylvania election case of Curtin v. Yocum in the Forty-sixth
Congress. Volume II, sections 939-941.
CURTIS, CHARLES, of Kansas, Chairman and Vice President.
Decisions on questions of order relating to--
Appropriations for salaries. Volume IV, section 3696.
Authorization of appropriations. Volume IV, sections 3606, 3609
Conferences. Volume VIII, sections 3234, 3280, 3281, 3314.
Congressional Record. Volume V, section 6987.
Debate. Volume V, section 5082. Volume VIII, section 2525.
Floor, admission to. Volume VIII, section 3639.
Limitations. Volume IV, section 3965.
Points of order. Volume IV, section 4725.
Resignation. Volume VIII, section 2200.
Revenue Bills. Volume VI, section 320.
Senator, oath. Volume VI, section 19.
CUSTODY.
(1) Of respondent in an impeachment.
(2) Of papers during electoral count.
(3) Of witnesses.
(1) Of Respondent in an Impeachment.
It was concluded by a Senate committee in Pickering's impeachment that
the Senate had no power to take into custody the body of the accused.
Volume III, section 2324.
Under the parliamentary law the respondent answers the summons in
custody if the case be capital and the accusation be special, but not
if it be general. Volume III, section 2120.
A respondent in a case of impeachment of misdemeanor answers the
articles before the Lords in such a state of liberty or restraint as he
was in when the Commons complained of him. Volume III, section 2120.
The accusation being a misdemeanor only, the respondent, under the
English usage, does not answer the summons in custody, but the Lords
may commit him until he finds sureties for his future appearance.
Volume III, section 2120.
(2) Of Papers During Electoral Count.
When during the electoral count of 1873 the two Houses separated to
consider objections, the Vice-President, who had custody of the
documents, left with the House duplicates of the electoral
certificates. Volume III, section 1951.
(3) Of Witnesses.
A witness in the custody of the Sergeant at Arms having procured a writ
of habeas corpus, the Senate requested the President to direct the
Attorney General to defend the suit. Volume VI, section 339.
CUSTODY--Continued.
(3) Of Witnesses--Continued.
A witness in custody for refusing to testify may invoke the action of
the courts only on a clear showing of arbitrary and improvement use of
the power amounting to a denial of due process of law. Volume VI,
section 349.
It is assumed that the Senate will deal with a witness in accordance
with recognized rules and discharge him from custody upon proper
assurance that he will appear to testify when required. Volume VI,
section 349.
A recalcitrant witness having been released from the custody of the
Sergeant at Arms by judgment of a district court, the Senate authorized
an appeal to the Supreme Court. Volume VI, section 340.
A witness having refused to testify before a subcommittee was arrested
and detained in custody. Volume VI, section 531.
CUSTOMS.
In the later practice of the House subjects relating to transportation
of dutiable goods, ports of entry and delivery, and customs collection
districts have been reported by the Committee on Ways and Means. Volume
IV, section 4026.
The former jurisdiction of the Committee on Interstate and Foreign
Commerce over customs matters related most closely to commerce has
passed to the Committee on Ways and Means. Volume IV, section 4026.
Bills authorizing the construction of revenue cutters and auxiliary
craft of the customs service are reported by the Committee on
Interstate and Foreign Commerce. Volume IV, section 4108.
A bill regulating the importation of drugs and utilizing the customs
office in that connection was held not to come within the rule giving
privileged status to certain bills, reported by the Ways and Means
Committee. Volume VIII, section 2279.
Authorization for construction of buildings for the customs service on
military reservations is a subject within the jurisdiction of the
Committee on Public Buildings and Grounds and not the Committee on
Military Affairs. Volume VII, section 1972.
Bills to license customhouse brokers come within the jurisdiction the
Committee on Ways and Means. Volume VII, section 1717.
Bills authorizing the refund of custom duties have been reported by the
Committee on Claims. Volume VII, section 1997.
The Ways and Means Committee has exercised jurisdiction over
legislation fixing compensation of employees of the customs service.
Volume VII, section 1724.
The Ways and Means Committee exercises jurisdiction over legislation
relating to appraisers of merchandise in the customs service. Volume
VII, section 1728.
Bills relating to the United States Customs Court are within the
jurisdiction of the Committee on Ways and Means. Volume VII, section
1740.
Legislation prescribing regulations and pay for laborers unloading
vessels in the Customs Service has been reported by the Committee on
Ways and Means. Volume VII, section 1735.
CUSTOMS UNIONS.
The Ways and Means Committee has exercised jurisdiction over the
subjects of customs unions, reciprocity treaties, and conventions
affecting the revenues. Volume IV, section 4021.
CUTLER.
The Senate election case of Cutler and Smith, from Louisiana, in the
Thirty-eighth Congress. Volume I, section 385.
CUTTS.
The Iowa election case of Cook v. Cutts in the Forty-seventh Congress.
Volume II, sections 956-958.