<DOC>
[Cannon's Precedents -- Volume IX]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:index-d.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
D
Page Page
------------------------------------------------------------------------
Daily......................... 725 Demography............ 796
Dairy......................... 725 Demonstrations........ 796
Dakota........................ 725 Demurrer.............. 796
Dallas, G.M., Vice-President.. 725 Denny................. 796
Dalzell, J., Speaker pro Departments. For
tempore decisions on
and Chairman................ 726 authorization of
appropriations for
Damages....................... 726 each department see 796
``Appropriations''.
Dams.......................... 726 Deposits.............. 798
Dantzler...................... 727 Deputy................ 798
Darrall....................... 727 Derelicts............. 799
Daugherty..................... 727 Deseret............... 799
Davenport..................... 727 Desertions............ 799
Davidson...................... 727 Designations.......... 799
Davis, D., President pro 727 Desks................. 800
tempore.
Davis, election cases of...... 727 Device................ 800
Davis, J.W., Speaker.......... 728 Diagrams.............. 800
Dawes, C.G., Vice President... 728 Dibble................ 800
Dawes, H.L., Chairman......... 728 Dies non.............. 800
Dawson, election case of...... 728 Dilatory proceedings.. 800
Dawson, W.C., Chairman........ 728 Dingley, N., Chairman. 804
Daylight saving............... 729 Diplomatic affairs.... 804
Days.......................... 729 Diplomatic Corps...... 806
Dayton........................ 731 Directory, City....... 806
Dayton, J., Speaker........... 731 Directory, 806
Congressional.
Dean.......................... 731 Directory laws. See
``Elections of
Death......................... 731 Representatives.''
Debate. For reports of Disabilities.......... 806
``Debate'' see
``Congressional Record''.... 734 Disagree, motion to... 807
Debris........................ 779 Disagreement. See also 807
``Conferences''.
Debt.......................... 779 Disbursements......... 809
Decrease. See ``Death.''...... Discharge............. 809
Decisions..................... 779 Discrepancy........... 814
Declarations.................. 781 Disease............... 814
Declination................... 784 Dismissal............. 814
Decorations................... 785 Disney................ 815
Decorum....................... 785 Disorder. See also 815
``Debate''.
De facto district............. 788 Dispensing with call.. 816
De facto election............. 788 Disposition of 816
executive papers.
De facto officer.............. 788 Disqualification...... 816
Default....................... 788 Disqualifying personal 816
interest.
Defense....................... 789 Disrepute............. 819
Deferred list................. 789 Dissolution........... 819
Deficiencies.................. 789 Distinguished visitors 819
De jure office................ 791 Distribution.......... 819
Delahay....................... 791 District attorney..... 820
Delano........................ 791 District of Columbia.. 820
De Large...................... 791 Districts,
Congressional, See
``Elections
Delaware, election cases from. 791 of
Representatives.''
Delay......................... 791 Division.............. 825
Delegates and Resident 791 Divorce............... 831
Commissioners.
Delivery of bills............. 795 Dixon................. 831
D
Page Page
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Dockery, A.M., Speaker pro Drawings.............. 838
tempore
and Chairman................ 831 Dromgoole, G.C., 838
Chairman.
Document room................. 831 Drugs................. 838
Documents..................... 831 Dry docks............. 838
Dodge......................... 835 Duane................. 838
Domicile...................... 835 Dubois................ 838
Donnelly...................... 835 Duel.................. 838
Donovan....................... 835 Duffy................. 839
Doorkeeper.................... 836 Dunn.................. 839
Doors......................... 837 Dunn, P., Chairman.... 839
Doty.......................... 837 Du Pont............... 839
Double motion................. 837 Durborrow............. 839
Doughton...................... 837 Durell................ 839
Dowell, C.C., Chairman........ 837 Duress................ 839
Downing....................... 837 Dutiable goods........ 839
Doxey, W., Chairman........... 837 Duties................ 839
Drainage...................... 838 Duvall................ 841
Draper........................ 838 Dyer.................. 841
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DAILY.
The election case of Daily v. Estabrook, from the Territory of
Nebraska, in the Thirty-sixth Congress. Volume I, sections 839, 840.
The Nebraska election case of Morton v. Daily in the Thirty-seventh
Congress. Volume I, sections 615-619.
The election case of Morton and Daily, from the Territory of Nebraska,
in the Thirty-seventh Congress. Volume I, section 687.
DAIRY.
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 Committee on Agriculture has reported as to the regulation of
importation and inspection of livestock and dairy products, and the
establishment and maintenance of quarantine stations for that purpose.
Volume VII, section 1862.
The control of stockyards and packing plants and the regulation of
interstate and foreign commerce in livestock, dairy, and livestock
products, poultry and poultry products, are subjects within the
jurisdiction of the Committee on Agriculture. Volume VII, section 1869.
An appropriation for the distribution of proceedings of the World's
Dairy Congress was held to be authorized by the provision for the
dissemination of knowledge in the law creating the Department of
Agriculture. Volume VII, section 1174.
DAKOTA.
The election case of Fuller v. Kingsbury, from the Dakota portion of
the old Territory of Minnesota, in the Thirty-fifth Congress. Volume I,
sections 408, 409.
The election case of Burleigh and Spink v. Armstrong, from Dakota
Territory, in the Forty-second Congress Volume I, section 889.
The election case of Todd v. Jayne, from the Territory of Dakota, in
the Thirty-eight Congress. Volume II, sections 832, 833.
The election case of Jayne and Todd from Dakota, in the Thirty-eighth
Congress. Volume I, section 619.
DALLAS, GEORGE M., of Pennsylvania, Vice-President.
Decision on question of order relating to--
Electoral count. Volume III, section 1944.
DALZELL, JOHN, of Pennsylvania, Speaker pro tempore and Chairman.
Decisions on questions of order relating to--
Amendments. Volume II, section 1336. Volume IV, section 3392. Volume V,
section 5757.
Amendments between the House. Volume V, section 6169.
Amendments germane. Volume V, sections 5817, 5824.
Appropriation bills. Volume IV. sections 3594, 4122.
Authorization of appropriations. Volume IV, sections 3585, 3588,3656,
3672, 3675, 3694.
Committees, jurisdiction of. Volume VII, sections 1833, 1841.
Committee of the Whole. Volume IV, sections 3138, 4728, 4804.
Continuation of a public work. Volume IV, sections 3704, 3727, 3749,
3757, 3768, 3769, 3794, 3800.
Consideration, question of. Volume V, sections 4942, 4976.
Debate. Volume V, section 5048.
Dilatory motions. Volume V, section 5728.
Division of question. Volume V, section 6128.
General appropriation bills. Volume IV, section 3569.
General debate. Volume V, section 5219.
Lay on table, motion to. Volume V, sections 5408, 5409.
Legislation on appropriation bills. Volume IV, sections 3682, 3823,
3830, 3838, 3847, 3916.
Limitations on appropriation bills. Volume IV, sections 3957, 3958,
3962, 3967, 3977, 3997, 4004, 4013.
Managers of a conference. Volume V, section 6369.
Order of Business. Volume IV, section 3138.
Points of order. Volume V, sections 6867, 6869.
Previous question. Volume V, section 5463.
Privileged motions. Volume IV, sections 3083, 3274.
Quorum. Volume IV, sections 2943, 2957. Volume VI, sections 681, 684,
687, 689.
Recede, motion to. Volume V, section 6205.
Recognition. Volume II, sections 1443, 1468, 1476. Volume VIII, section
3437.
Refer, motion to. Volume V, section 5527.
Reference of bills. Volume V, section 5527.
Strike out, motion to. Volume V, section 5792.
Substitute amendments. Volume IV, section 4901. Volume V, section 5794.
Unanimous consent calendar. Volume VII, section 973.
Voting, pairs. Volume VIII, section 3081.
Yeas and nays. Volume V, section 6037.
DAMAGES.
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.
The payment of a claim for unliquidated damages is unauthorized by law
and not in order on an appropriation bill. Volume VII, section 1287.
DAMS.
The Committee on Interstate and Foreign Commerce considers bills
relating to dams in 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 boundaries between the United States and foreign nations, and naval
strength, bridges, and dams on waters along such boundaries are
subjects with the jurisdiction of the Committee on Foreign Affairs.
Volume IV, section 4166.
DAMS--Continued.
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 such streams, belongs to the
jurisdiction of the Committee on Interstate and Foreign Commerce.
Volume VII, section 1810.
DANTZLER.
The South Carolina election case of Dantzler v. Lever in the Fifty-
eighth Congress. Volume II, section 1134.
The South Carolina election cases of Dantzler v. Lever, Prioleau v. Le
gare, and Myers v. Patterson in the Sixtieth Congress. Volume VI,
section 122.
DARRALL.
The Louisiana election case of Darrall v. Bailey in the Forty-first
Congress. Volume I, sections 328-336.
The Louisiana election election case of Breaux v. Darrall in the Forty-
fourth Congress. Volume II, section 919.
The Louisiana election case of Acklen v. Darrall, in the Forty-fifth
Congress. Volume II, section 924.
DAUGHERTY.
The investigation of charges against Attorney General Harry M.
Daugherty. Volume VI, section 536.
The case of M. S. Daugherty, in the Senate, in 1924. Volume VI, section
339.
Discussion of the nature of impeachable offenses in minority views
submitted in the Daugherty case. Volume VI, section 456.
DAVENPORT.
The Oklahoma election case of Davenport v. Chandler in the Sixty-fifth
Congress. Volume VI, section 149.
DAVIDSON.
The Florida election case of Witherspoon v. Davidson in the Forty-
seventh Congress. Volume I, section 753.
The Alabama election case of McDuffie v. Davidson in the Fiftieth
Congress. Volume II, sections 1007, 1008.
The Senate election case of Davidson v. Call, from Florida, in the
Fifty-second Congress. Volume II, section 1060.
The Kentucky election case of Davidson v. Gilbert in the Fifty-sixth
Congress. Volume I, section 313.
DAVIS, DAVID, of Illinois, President pro tempore.
Decisions on questions of order relating to--
Conference. Volume V, sections 6337, 6406.
Debate. Volume V, section 6406.
Vetoed bill. Volume IV, section 3550.
DAVIS, ELECTION CASES OF.
The Maryland election case of Brooks v. Davis in the Thirty-fifth
Congress. Volume I, section 833.
The Maryland election case of Harrison v. Davis in the Thirty-sixth
Congress. Volume I, section 325.
The Virginia election case of Thomas v. Davis in the Forty-third
Congress. Volume II, section 898.
The Texas election case of Davis v. Culberson in the Fifty-fourth
Congress. Volume I, section 755.
The Tennessee election case of Davis v. Sims in the Fifty-eighth
Congress. Volume II, sections 1132, 1133.
DAVIS, ELECTION CASES OF--Continued.
The Illinois election case of Davis v. Williams in the Sixty-fourth
Congress. Volume VI, section 112.
DAVIS, JOHN W., of Indiana, Speaker.
Decisions on questions of order relating to--
Adjourn, motion to. Volume V, sections 5361.
Amendments. Volume IV, section 4872.
Appeals. Volume V, section 6940.
Call of the House. Volume IV, sections 3032, 3033.
Conference. Volume V, section 6270.
Debates. Volume II, section 1437. Volume V, sections 4992, 5044, 5992.
Division of question. Volume IV, section 4884. Volume V, section 6129.
Hour of meeting. Volume V, section 114.
Journal. Volume IV, sections 2764, 2782, 2784, 2814, 2828.
Lay on the table, motion to. Volume V, sections 5405, 5410, 5411.
Motion, Volume V, section 5352.
Motions, precedence of. Volume IV, section 3087.
Personal explanation. Volume V, sections 5064, 5067, 5068.
Point of order. Volume V, section 6917.
Privilege. Volume III, sections 1893, 2526, 2590, 2642, 2658, 2718.
Quorum. Volume IV, sections 2950, 2955, 2956.
Read of papers. Volume V, section 5272.
Recede, motion to. Volume V, section 6270.
Reconsider, motion to. Volume V, sections 5619, 5622, 5636, 5668.
Rules. Volume IV, section 3177.
Special orders. Volume IV, section 3177.
Suspension of the rules. Volume V, section 6838.
Vetoed bills. Volume IV, section 3535.
Withdrawal of motions. Volume V, section 5350.
Yeas and nays. Volume V, sections 6030, 6039.
DAWES, CHARLES G., of Illinois, Vice President
Decisions of question of order relating to--
Ceremonies. Volume VIII, section 3532.
Conferees. Volume VIII, section 3266.
Debate. Volume VIII, section 2671.
Privilege. Volume VII, section 3365.
Reconsider, motion to. Volume VIII, section 2789.
DAWS, HENRY L., of Massachusetts, Chairman.
Decisions on questions of order relating to--
Division of the question. Volume V, section 6146.
Peronal interest. Volume V, section 5955.
Suspension of the rules. Volume V, section 6835.
DAWSON, ELECTION CASE OF.
The Pennsylvania election cases of Koonts v. Coffroth, and Fuller v.
Dawson in the Thirty-ninth Congress. Volume I, sections 556-558.
DAWSON, WILLIAM C., of Georgia, Chairman.
Decisions of questions of order relating to--
Committee of the Whole. Volume IV, section 4722. Volume V, section
6737.
Quorum. Volume IV, section 2977.
DAYLIGHT SAVING.
Establisment 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.
DAYS.
(1) The legislative day.
(2) Sunday.
(3) The House adjourns for ``not more than three days.''
(4) Of meeting of Congress.
(5) Of elections.
(1) The Legislative Day.
In the contemplation of the rules and special orders of the House a day
in 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 within the limits
of one calendar day (footnote). Volume V, section 6724.
The legislative day continues until terminated by an adjournment,
irrespective of the passage of calendar days. Volume V, sections 6738,
6739. Volume VIII, section 3356.
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.
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.
A session of the Hours 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 through an erroneous announcement of the vote the House is
declared adjourned and, in fact, disperses, when actually it has voted
not to adjourn, the session when it next meets is nevertheless a new
legislative day. Volume V, section 6734.
A recess does not terminate a legislative day and a legislative day may
not be terminated during recess. Volume VIII, section 3556.
The legislative day and not the calendar day governs in determining the
order of business. Volume VI, section 723.
The House has adjourned for the holiday recess as of the legislative
day. Volume VIII, section 3370.
(2) Sunday.
In the ordinary practice of the House Sunday is regarded as a dies non.
Volume V, section 7245.
By vote of the House Sunday has been made legistive day. Volume V,
section 6732.
Sunday has been made a legislative day by concurrent action of the two
Houses. Volume V, section 6731.
An adjournment does not necessarily take place at 12 p.m. Saturday, the
House having power to continue in session on Sunday if it be so
pleased. Volume V, sections 6728, 6729.
For many years the House has continued its session of Saturday into
Sunday when under stress of business. Volume V, section 6728.
Instance of an early protest against prolonging a session into the
hours of Sunday. Volume V, section 5946.
The propriety of continuing a session into Sunday does not constitute a
question of order for the Speaker, who may not adjourn the House
against its will. Volume V, section 6728.
In computing the days of session Sunday has not always been treated as
a dies non. Volume V, section 6733.
(3) The House Adjourns for ``Not More Than Three Days.''
Sunday is not taken into account in making the constitutional
adjournment of ``not more than three days.'' Volume V, sections 6673,
6674.
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.
DAYS--Continued.
(3) The House Adjourns for ``Not More Than Three Days''--Continued.
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.
On request of the House, the Senate agreed to a resolution granting its
consent to the adjournment of the House for a period in excess of three
days. Volume VIII, section 3366.
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.
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.
The House has by standing order provided that it should meet on two
days only of each week instead of daily. Volume VIII, section 3369.
(4) Of Meeting of Congress.
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. Volume VIII, section 3375.
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.
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.
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 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.
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 by law appointed for its second meeting a day later
than the day fixed by the Constitution. Volume I, section 5.
The early laws fixing the time for the meeting of Congress specified
the day but not the hour. Volume I, sections 6-9.
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.
Instances wherein Congress has been convened by proclamations or by
law. Volume I, sections 10, 11.
(5) Of Elections.
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.
No legal notice of election of a certain precinct being given, the poll
was rejected by the committee, although the day of election was fixed
by law. Volume I, section 317.
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.
DAYTON.
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.
DAYTON, JONATHAN, of New Jersey, Speaker.
Decisions on questions of order relating to--
Amendment of Journal. Volume IV, section 2781.
Debate. Volume V, section 5137.
DEAN.
The Massachusetts election case of Dean v. Field in the Forty-fifth
Congress. Volume II, section 931.
DEATH.
(1) Of a Member.--Announcement and resolutions.
(2) Of a Member.--Funeral.
(3) Of a Member.--Eulogies, etc.
(4) Of a Member.--The vacancy.
(5) Of Speaker or other officers.
(6) Of a President or ex-President of the United States.
(7) Of a candidate for President, as related to the electoral count.
(8) Of Vice-President and other civil, military, and naval officers.
(9) Of eminent citizens.
(10) Of foreign personages.
(1) Of a Member.--Announcement and Resolutions.
Form of resolutions offered at the death of a Member. Volume V, section
7107.
The House takes notice of the death of a Member-elect as if he had been
duly qualified. Volume V, sections 7134, 7135. Volume VIII, section
3561.
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.
Notice of the death of a Member is sometimes transmitted to the House
by the executive of his State. Volume V, section 7130.
Proceedings on the occasion of the death of a Member in the chamber.
Volume V, sections 7121, 7122. Volume VIII, section 3559.
Early observances of the House at the decease of Members. Volume V,
sections 7108-7120.
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.
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 7219.
A Senator having died while under conviction of crime, no announcement
of his death was made to the Senate. Volume IV, section 4479.
In rare instances action has been taken on the occasion of the decease
of a former Member. Volume V, sections 7136-7138. Volume VIII, sections
3560, 3562.
(2) Of a Member.--Funeral.
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.
DEATH--Continued.
(2) Of a Member.--Funeral--Continued.
Later funeral ceremonies, including the elaborate observances at the
burial of John Quincy Adams. Volume V, sections 7148-7151.
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.
Since the earliest days the expenses of the funerals of Members have
been defrayed from the public funds. Volume V, sections 7142, 7143.
History of the Congressional Cemetery. Volume V, section 7314.
(3) Of a Member.--Eulogies, etc.
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.
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.
Memorial addresses were published on the occasion of the death of John
Quincy Adams in 1848. Volume V, section 7148.
The practice of draping the seat of a deceased Member began as early as
1848. Volume V, section 7160.
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.
Recently it has been the general, though not the universal practice, to
designate as Speaker pro tempore during eulogies on a deceased Member,
the dean of the State delegation regardless of party affiliation.
Volume VI, section 265.
(4) Of a Member.--The Vacancy.
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.
It was long the practice to notify the executive of the State when a
vacancy was caused by the death of a Member during a session. Volume
II, sections 1198-1202.
The death of the person elected creates a vacancy, although no
certificate may have been awarded. Volume I, section 323.
A Member-elect producing credentials showing his election to fill the
vacancy caused by the decease of his predecessor is sworn in at once,
although no other notice of the decease may have been given to the
House. Volume I, section 568.
A Member whose seat had been contested dying, the House did not admit a
claimant with credentials until contestant's claim was settled. Volume
I, section 326.
An election contest does not necessarily abate by reason of the death
of contestant during the taking of testimony. Volume I, section 738.
Since 1914 Members elected to fill vacancies occasioned by death of
predecessor are paid salary from date of election only. Volume VI,
section 202.
In the event of the death of a Member-elect from the State at large,
the candidate receiving the next highest number of votes is not
entitled to the seat. Volume VI, section 152.
(5) Of Speaker or Other Officers.
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.
Ceremonies in memory of a deceased Speaker. Volume V, section 7156.
The House has adjourned in memory of an ex-Speaker, who had ceased to
be a Member. Volume V, sections 7139-7141. Volume VIII, sections 3565,
3566,
Form of resolution offered at the death of a former Speaker. Volume
VIII, section 3564.
The death of the Clerk being announced, the House adopted appropriate
resolutions. Volume V, section 7171.
DEATH--Continued.
(5) Of Speaker or Other Officers--Continued.
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.
On the announcement of the death of the Doorkeeper the House took
appropriate action. Volume V, section 7173.
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.
The death of the Sergeant-at-Arms being announced, the House passed
appropriate resolutions and adjourned as a mark of respect. Volume VI,
section 32.
On the death of an employee of long service, the House appointed a
committee to attend the funeral. Volume VIII, section 3573.
While customary to grant the widow of an employee of the House an
amount equal to one-half of a year's salary, in exceptional instances
the House has authorized payment of the full amount of the annual
salary. Volume VIII, section 3600.
(6) Of a President or ex-President of the United States.
Ceremonies upon the announcement 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.
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 in memory of Woodrow Wilson. Volume VIII, section 3578.
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 V,
sections 7185, 7188. Volume VIII, section 3576.
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, 7183.
Volume VIII, section 3580.
By joint resolution Congress has expressed its condolence with the
widow of a deceased President. Volume V, section 7176.
(7) Of a Candidate for President, as Related to the Electoral Count.
In 1873 objection was made that the electoral vote of Georgia should
not be counted, as it had been cast for Horace Greeley, who was dead,
and the two Houses not agreeing the vote was not counted. Volume III,
section 1967.
(8) Of Vice-President and Other Civil, Military, and Naval Officers.
Ceremonies in memory of deceased Vice-Presidents. Volume V, sections
7189-7193. 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. Volume VIII, section 3586.
Observances of the House on occasions of the deaths of distinguished
officers of the Army and Navy. Volume V, Sections 7201-7207. Volume
VIII, section 3592.
The House appointed a committee to attend the transfer of the remains
of General Rosecrans. Volume V, section 7212.
DEATH--Continued.
(8) Of Vice-President and Other Civil, Military, and Naval Officers--
Continued.
The House generally did not adjourn in tribute to the memories of high
officers of the Revolution. Volume V, section 7211.
Resolutions in memory of the Admiral of the Navy. Volume V, sections
7208-7210.
(9) Of Eminent Citizens.
In rare instances the House has taken notice of the decease of eminent
citizens not of its membership. Volume V, sections 7213-7218. Volume
VIII, section 3595.
(10) Of Foreign Personages.
The House paid honor to the memory of Lafayette by elaborate
ceremonies. 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.
Adjournment in memory of the deceased sovereign of a foreign nation.
Volume V, section 7223. Volume VIII, section 3597.
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.
DEBATE. For reports of ``Debate'' see ``Congressional Record.''
(1) Constitutional privilege of the Member as to.
(2) Rights of Member in.--When expulsion, censure, etc., are proposed.
(3) Rights of Member in.--Questions of personal privilege.
(4) Rights of Member in.--Personal explanations.
(5) Rights of Delegates, etc., in.
(6) Rights of returned Member and contestant in an election case.
(7) Recognition of Member for.--Speaker's power.
(8) Recognition of Member for.--No appeal from Speaker's decision.
(9) Recognition of Member for.--Speaker governed by usages of House.
(10) Recognition of Member for.--Alternation of.
(11) Recognition of Member for.--In general.
(12) Motion must be made and stated before.
(13) Conduct of Member in.--Manner of address.
(14) Conduct of Member in.--Must confine himself to subject in the
House.
(15) Conduct of Member in.--Relevancy in Committee of the Whole.
(16) Conduct of Member in.--Reading of papers.
(17) Conduct of Member in.--Reflections on the House.
(18) Conduct of Member in.--References to other Members.
(19) Conduct of Member in.--Accusations of falsehood.
(20) Conduct of Member in.--Criticism of Speaker.
(21) Conduct of Member in.--References to committees.
(22) Conduct of Member in.--References to action or debate in the
Senate.
(23) Conduct of Member in.--Criticism of the Senate or its Members.
(24) Conduct of Member in.--Replies to criticisms in the other House.
(25) Conduct of Member in.--References to the President.
(26) Conduct of Member in.--Disorderly words and acts.
(27) Conduct of Member in.--Treasonable words.
(28) Conduct of Member in.--Disorderly words in the Record.
(29) Conduct of Member in.--In general.
(30) The call to order.--Duty of the Speaker and Members.
(31) The call to order.--Words taken down.
(32) The call to order.--Member sits down, but may be permitted to
explain or proceed.
(33) The call to order.--Journal record of.
DEBATE--Continued.
(34) The call to order.--In an impeachment trial.
(35) Restrictions on.--The hour rule.
(36) Restrictions on.--Member speaks but once unless he have the
closing.
(37) Restrictions on.--Yielding for motions, etc.
(38) Restrictions on.--Yielding for debate.
(39) Restrictions on.--Conditions of yielding for amendment.
(40) Restrictions on.--Precluded by division or beginning of yea-and-
nay call.
(41) Restrictions on.--The previous question.
(42) Restrictions on.--The forty minutes after previous question is
ordered.
(43) Restrictions on.--By special orders.
(44) Speaker's participation in.--From the chair.
(45) Speaker's participation in.--From the floor.
(46) Speaker's participation in.--Addresses by.
(47) In Committee of the Whole.--The motion to close general debate.
(48) In Committee of the Whole.--General principles as to closing
general debate.
(49) In Committee of the Whole.--Early practice as to closing general
debate.
(50) In Committee of the Whole.--The five-minute debate.
(51) In Committee of the Whole.--Closing five-minute debate.
(52) In Committee of the Whole.--Relations to certain motions in.
(53) In Committee of the Whole.--In general.
(54) Control and distribution of time for.
(55) On Calendar Wednesday, District Monday, and Consent Day.
(56) In ``House as in Committee of the Whole.''
(57) In standing and select committees.
(58) Presence of a quorum necessary during.
(59) At the election of Speaker and organization.
(60) On certain motions.--To adjourn and fix the day.
(61) On certain motions.--To lay on the table.
(62) On certain motions.--Refer, commit, recommit.
(63) On certain motions.--To postpone.
(64) On certain motions.--To strike out the enacting clause.
(65) On certain motions.--To reconsider.
(66) On certain motions.--To go into Committee of the Whole.
(67) On certain motions.--To discharge a committee.
(68) On certain motions.--Those relating to the order of business
generally.
(69) On certain motions.--To suspend the rules.
(70) On certain motions.--Appeals.
(71) On certain motions.--In general.
(72) Relation to certain privileged motions.
(73) Relation to question of consideration.
(74) Relation of, to points of order.
(75) Conference reports in order during.
(76) Messages received during.
(77) Participation by persons not Members.--Officers.
(78) Participation by persons not Members.--Delegates, etc.
(79) Participation by persons not Members.--Counsel in election cases.
(80) Participation by persons not Members.--In general.
(81) During the electoral count.
(82) During impeachment trials.--Required to be in secret session.
(83) During impeachment trials.--General requirements as to.
(84) During impeachment trials.--Decorum of managers and counsel.
(85) During impeachment trials.--Arguments on incidental questions.
DEBATE--Continued.
(86) During impeachment trials.--Opening and final arguments.
(87) In Senate.
(1) Constitutional Privilege of the Member as to.
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'' applies
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.
Privilege as to speech or debate, as in Parliament, is limited by
certain conditions. Volume III, section 2671.
A Member who had in a hostile manner sent to another Member a demand
for explanation of words spoken in debate was held by a committee of
the House to have violated privilege. Volume II, section 1644.
The House, after declining to expel, censured a Member for contempt in
assaulting another Member for words spoken in debate. Volume II,
section 1656.
It not being clear that a Member had been insulted by officers of the
military establishment for words spoken in debate, the House declined
to act on his complaint. Volume III, section 2680.
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 complaint of a Member that he had been assaulted for words spoken
in debate was made in the form of a letter to the Speaker, accompanied
by an affidavit. Volume II, section 1616.
A Member may not be required to give the authority of any respectful
statement which he may quote in debate. Volume V, section 5172.
It being doubtful whether or not an assault on a Member had been for
words spoken in debate no action was taken. Volume II, section 1620.
An explanation having been demanded of a Member by a person not a
member for a question asked of the latter when a witness before the
House, the matter was considered but not pressed as a breach of
privilege. Volume III, section 2681.
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
criticised as disrespectful and a breach of privilege and was
withdrawn. Volume III, section 2684.
A letter from a person supposed to have been assailed by a Member in
debate, asking properly and without menace if the speech was correctly
reported, was held to involve no question of personal privilege. Volume
III, section 2682.
The House has declared that a communication from a person not a member
criticising words spoken in debate by a Member should not be received.
Volume III, section 2683.
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. Volume VI, section 537.
(2) Rights of Member in.--When Expulsion, Censure, etc., Are Proposed.
A Member against whom was pending a resolution of expulsion was
permitted to address the House by unanimous consent. Volume II, section
1275.
DEBATE--Continued.
(2) Rights of Member in.--When Expulsion, Censure, etc., Are Proposed--
Continued.
A Member against whom a resolution of expulsion was pending was
permitted to address the House as a matter of right. Volume II, section
1286.
A Member whose expulsion was proposed was permitted to present a
written defense, but not to dispute Another Member to speak in his
behalf. Volume II, section 1273.
A Member against whom a resolution of censure was pending participated
in the debate. Volume II, section 1246.
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 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 against whom a resolution of censure was pending addressed the
House without permission being asked or given. Volume II, section 1253.
A Senator against whom a resolution of censure was pending addressed
the Senate without permission being asked or given. Volume VI, section
239.
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 charged with acceptance of an incompatible office was heard in
his own behalf during the debate. Volume I, section 486.
The right of Brigham H. Roberts to take the oath and his seat being
under consideration, he was permitted to speak by unanimous consent.
Volume I, section 474.
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.
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 allowed a Member threatened with expulsion to be heard by
counsel, but did not grant his request for a specific statement of
charges or compulsory process for witnesses. Volume II, section 1264.
A Senator was present during consideration of a resolution for his own
expulsion and participated in the debate. Volume II, section 1269.
(3) Rights of Member in.--Questions of Personal Privilege.
A Member rising to a question of personal privilege was not permitted
to take from the floor another Member who had been recognized for
debate. Volume V, section 5002. Volume VIII, sections 2459, 2528.
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 V, section 5078, Volume VI,
sections 576, 606, 608, 621.
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.
A Member recognized to present a question of privilege based on a
telegram was permitted to discuss subjects indirectly referred to in a
resolution mentioned in the telegram. Volume VI, section 563.
A Member speaking to a question of personal privilege was held out of
order in reading a letter germane to the question but reflecting on his
calumniator. Volume VIII, section 2601.
DEBATE--Continued.
(3) Rights of Member in.--Questions of Personal Privilege--Continued.
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.
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, sections 2481, 2482.
A Member in addressing the House on a question of privilege is presumed
to confine his remarks to limits within the spirit of the rule and not
to use the privilege as a vehicle for discussions otherwise not in
order. Volume VIII, section 2448.
While a Member rising to a question of personal privilege may be
allowed some latitude in developing the case, yet the rule requiring
the Member to confine himself to the subject holds in this as in other
cases. Volume V, sections 5075, 5076.
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.
A difference of opinion as to historical facts, a Member not having
made a false statement knowingly with intent to deceive the House, does
not give rise to a question of personal privilege. Volume III, section
2721.
A Member may discuss questions arising out of a pair by unanimous
consent or by raising a question of personal privilege. Volume VIII,
section 3088.
A Member recognized to discuss a question of privilege may not yield
for debate. Volume VI, sections 563, 617.
A Member may present a question of privilege involving words spoken in
debate notwithstanding the rule affording another method of procedure
such circumstances. Volume VI, section 561.
Having presented one question of privilege, a Member, before discussing
it, may submit a second question of privilege related to the first and
discuss both on one recognition. Volume VI, section 562.
Although the previous question had been ordered on a pending
resolution, it was held that a question of privilege might be debated.
Volume VI, section 561.
It is in order to debate a question of personal privilege after the
previous question has been ordered on a pending question. Volume VIII,
section 2688.
A statement by a Member in debate that he would ``need a crooked spine
to walk in the crooked paths'' in which a colleague would lead him was
ruled not to entitle the latter to recognition on a question of
privilege. Volume VI, section 555.
A newspaper statement that remarks of a Member on the floor ``were said
at the White House'' to be inspired by the President's opposition to a
measure favored by the Member was held not to give rise to a question
of privilege. Volume VIII, section 2499.
An employee of the House having in a newspaper charged a Member with
falsehood in debate, a resolution relating thereto was entertained as a
question of privilege. Volume III, section 2718.
No question of privilege arises from the fact that a newspaper has
attributed to a Member certain remarks which he denies having used.
Volume III, section 2708.
A newspaper article criticizing a Member personally and not in his
representative capacity does not present a question of privilege.
Volume VI, section 569.
Quotations by newspapers of statements made on the floor may not be
made the basis of a question of privilege. Volume VI, section 807.
A pamphlet charging falsehood in connection with statements made in
debate was held to support a question of personal privilege. Volume VI,
section 618.
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.
DEBATE--Continued.
(3) Rights of Member in.--Questions of Personal Privilege--Continued.
Misrepresentations in newspapers reports of remarks in the House do not
maintain a question of privilege. Volume VI, section 612.
Newspaper charges impugning the veracity of a Member in statements made
on the floor support a question of privilege. Volume VI, section 613.
Newspaper assertions that statements made on the floor are false do not
give rise to a question of privilege unless imputing dishonorable
motives. Volume VI, section 616.
(4) Rights of Members in.--Personal Explanations.
Personal explanations are allowed only by unanimous consent. Volume
VIII, section 2484.
Debate is not admitted after roll call has begun and it is not in order
for a Member to explain or otherwise discuss his vote. Volume VIII,
section 3068.
Unanimous consent having been given for a personal explanation, the
Member may not be interrupted by a single objection. Volume V, section
5065.
A Member in making a personal explanation has the largest latitude, but
must confine himself to the point on which he has been criticised and
may not yield time for debate to another. Volume V, section 5074.
In 1861 the House, overruling the Speaker, established the new rule
that a Member making a personal explanation should confine his remarks
to that which was personal to himself. Volume V, sections 5071-5073.
A Member having the floor to make a personal explanation may not be
interrupted while he keeps within parliamentary bounds. Volume V,
section 5066.
(5) Rights of Delegates, etc., in.
Each Territory sends to the House a Delegate having the right of
debating, but not of voting. Volume II, section 1290.
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.
Determination by a committee that a Delegate as a member of the
committee has the right to debate but not to vote. Volume VI, section
243.
(6) Rights of Returned Member and Contestant in an Election Case.
The House in 1841 indicated its opinion that the returned Member might
speak of right in his own election case, but that the contestant needed
the consent of the House. Volume I, section 666.
A returned Member, whose seat was contested in the First Congress,
debated the question as a matter of right. Volume I, section 757.
Instance wherein a Senator participated in debate on credentials of a
claimant for his seat. Volume I, section 491.
The contestant in an election case is sometimes permitted to address
the House in his own behalf. Volume I, section 662.
A contestant admitted to be heard in an election case is governed by
the hour rule of debate. Volume I, section 811.
A contestant for a seat, being heard on the floor in his own behalf, is
subject to all the rules of debate applying to the Member. Volume II,
section 1368.
A contestant having the privilege of the floor with leave to speak ``to
the merits of said contest and the report thereon,'' was permitted to
speak on a preliminary question. Volume I, section 668.
Instance in which the contestant in an election case was permitted to
address the House in his own behalf, and closed the debate. Volume VI,
section 160.
An instance wherein a contestant in an election case participated in
debate on incidental questions arising out of the said case. Volume I,
section 490.
DEBATE--Continued.
(6) Rights of Returned Member and Contestant in an Election Case--
Continued.
The House in one case included the right to speak to the merits with a
general permission to contestants to enjoy the privileges of the floor.
Volume I, section 669.
The House in early years gave the privileges of the floor to
contestants during discussion of the reports on their cases, with leave
to speak on the merits. Volume I, sections 663-665.
Form of resolution used in 1848 to give to a contestant the right to be
heard in person at the bar of the House. Volume I, section 667.
The Senate has declined to permit a contestant to be heard on the floor
of the Senate in his own case. Volume I, section 392.
The right of a Senator elect to take the oath having been denied
pending an investigation, the Senate by resolution conferred on him the
privilege of appearing on the floor in his own behalf. Volume VI,
section 180.
(7) Recognition of Member for.--Speaker's Power.
The rule as to recognition by the Speaker. Volume II, section 1419.
The rule of recognition and the hour rule for debate. Volume V, section
4978.
The old parliamentary rule of recognition. Volume II, sections 1420,
1421.
Under the rules the Speaker recognizes the Members who address the
House. Volume V, section 5003.
Rule regulating the act of the Member in seeking recognition for
debate. Volume V, section 4979.
The Speaker has authority to name the Member who is entitled to the
floor. Volume II, sections 1422, 1423.
Discretion as to recognition must be lodged with the Presiding Officer.
Volume II, section 1424.
Reference to the early practice as to recognition. Volume II, section
1421.
The Speaker may inquire for what purpose a Member rises and then deny
recognition. Volume VI, section 289.
An inquiry to ascertain for what purpose a Member arises does not
constitute recognition. Volume VI, section 293.
(8) Recognition of Member for.--No Appeal from Speaker's Decision.
Under the earlier practice of the House there was an appeal from a
decision of the Speaker on a question of recognition. Volume II,
sections 1429-1434.
There is no appeal from a decision by the Speaker on a question of
recognition. Volume II, sections 1425-1412, Volume VIII, sections 2429,
2646.
The Chair having used his discretion in recognizing a Member for debate
on a point of order, declined to entertain an appeal from this
recognition. Volume V, section 6946.
(9) Recognition of Member for.--Speaker Governed by Usages of House.
In awarding recognition the Speaker is ordinarily controlled by the
usages of the House. Volume II, section 1469.
The member of the committee reporting a bill is entitled to precedence
in recognition for its discussion when it is taken up for consideration
in the House. Volume VI, sections 307, 514.
The members of the committee reporting the bill have precedence in the
discussion. Volume II, section 1438, Volume VI, section 306.
Members of the committee reporting a bill are entitled to priority of
recognition for debate. Volume II, section 1448.
The Member on whose motion a subject is brought before the House is
first entitled to the floor in debate. Volume II, section 1446. Volume
VI, sections 302, 417. Volume VIII, sections 2454, 3231.
DEBATE--Continued.
(9) Recognition of Member for.--Speaker Governed by Usages of House--
Continued.
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.
A Member opposed to the pending bill is entitled to recognition to move
the previous question on a motion to postpone consideration in
preference to the Member in charge claiming the floor in debate. Volume
VIII, section 2685.
The Member in charge of the bill is recognized anew after he has
presented the bill and it has been read at the Clerk's desk. Volume II,
section 1451.
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 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 Member on whose motion the enacting clause of a bill is stricken
out in Committee of the Whole is entitled to prior recognition when the
bill is reported to the House. Volume V, section 5337.
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 adoption of an amendment against the advice of the Member in charge
of the bill does not cause him to lose his right to prior recognition.
Volume II, section 1479.
A Member submitting a privileged resolution proposing impeachment is
entitled to recognition for one hour in which to debate it. Volume VI,
section 468.
Upon the presentation of a privileged report embodying no
recommendations, any Member offering a motion for its disposition is
entitled to recognition for one hour's debate thereon. Volume VI,
section 379.
(10) Recognition of Member for.--Alternation of.
In recognizing for general debate the Chair alternates between those
favoring and those opposed, preferring members of the committee
reporting the bill. Volume II, sections 1439-1441.
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.
Recognitions are alternated between the majority and minority sides of
the pending question. Volume II, section 1443.
Recognitions are alternated according to differences on the pending
question rather than on account of political differences. Volume II,
section 1444.
In general debate the Speaker recognizes with the purpose of securing
alternation of the two sides, but this principle is not insisted on
rigidly where a limited time is controlled by Members, as in the forty
minutes' debate under section 3 of Rule XXVIII. Volume II, section
1442.
A member of the committee having occupied the floor in favor of a
measure, a Member opposing should be recognized, even though he be not
a member of the committee. Volume II, section 1445.
The time of debate having been divided and assigned to the control of
the two sides, it must be assigned to Members in accordance with the
rules, no Member being allowed more than one hour. Volume V, sections
5004, 5005.
(11) Recognition of Members for.--In General.
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 two contentions on the floor. Volume V,
section 5003.
The Speaker being officially notified that a Member who was addressing
the House has resigned caused him to cease and declined to recognize
him further. Volume II, section 1273.
DEBATE--Continued.
(11) Recognition of Member for.--In General--Continued.
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.
A Member may lose his right to the floor if he neglects to claim it
before another Member has been recognized. Volume II, sections 1435,
1436.
A Member who resumes his seat after being called to order loses his
claim to prior right of recognition. Volume V, section 5016.
After a Member has proceeded with is remarks it is too late to
challenge his right to the floor. Volume II, section 1437. Volume VI,
section 295.
An attempt of a Member to speak when debate is not in order is not
noticed in the Journal. Volume IV, sections 2861, 2862.
A Member recognized to present a privileged resolution may not be taken
from the floor by a motion to refer. Volume VI, section 468.
A Member may not by reserving the right to object to a request for
unanimous consent secure the floor for debate. Volume VI, section 287.
A Member on his feet and requesting recognition at the time, was
recognized to demand that words be taken down although brief debate had
intervened. Volume VIII, section 2528.
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 Member was held not to have yielded the floor until he resumed his
seat. Volume VIII, section 2451.
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.
Under the latest rulings a motion to lay a proposition on the table is
in order before the Member entitled to prior recognition for debate has
begun his remarks. Volume V, sections 5391-5395.
A Member who resumes his seat while a paper is being read in his time
does not thereby lose his right to proceed. Volume V, section 5015.
In a debate on an appeal no Member may speak more than once unless by
permission of the House. Volume V, section 6938.
(12) Motion Must be Made and Stated Before.
A Member must submit his proposition and it must be stated by the Chair
before it is in order for debate to proceed Volume V, section 4937.
A motion must be made before the Member may proceed in debate. Volume
V, sections 4984, 4985.
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.
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.
Before debate is in order the motion must be stated by the Member, or
even be reduced to writing, if required, and announced by the Chair.
Volume V, section 4986.
Debate should not begin until he question has been stated by the
Speaker. Volume V, section 4982.
The House insists on compliance with the rule that a motion must be
stated by the Speaker or read by the Clerk before debate shall begin.
Volume V, section 4983.
The withdrawal of a matter precludes further debate on it. Volume V,
section 4989.
(13) Conduct of Member in.--Manner of Address.
A Member in addressing the House must address the Chair. Volume V,
section 4980.
Instance wherein a Member addressed the House from the Clerk's desk.
Volume V, section 4981.
In order to interrupt a Member having the floor, it is necessary first
to address the Chair. Volume VI, section 193.
DEBATE--Continued.
(14) Conduct of Member in.--Must Confine Himself to Subject in the
House.
It has always been held, and generally quite strictly, that in the
House the Member must confine himself to the subject under debate.
Volume V, sections 5043-5048.
Rule requiring the Member to confine himself to the question. Volume V,
section 4979.
The Member shall confine himself to the question under debate, avoiding
personality. Volume V, section 5042. Volume VIII, sections 2481, 2534.
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.
It is not in order in debate to refer to a bill not yet reported from a
committee. Volume V, section 5053.
To a proposition to censure a Member of presenting a petition on the
subject of slavery debate on the opinions of statesmen of former times
on the general subject of slavery was held to be irrelevant. Volume V,
section 5195.
On a proposition relating to the abolition of slavery in a particular
locality or country debate at large on the subject of slavery was held
not to be relevant. Volume V, sections 5200, 5201.
On a motion to amend the debate in the House is confined to the
amendment and may not include the general merits of the proposition.
Volume V, sections 5049-5051.
While the Speakers have entertained appeals from their decisions as to
irrelevancy in debate, they have held that such appeals were not
debatable. Volume V, section 5056-5063.
A Member desiring to interrupt another in debate should address the
Chair for permission of the Member speaking. Volume V, section 5006.
It is entirely within the discretion of the Member occupying the floor
in debate to determine when and by whom he shall be interrupted. Volume
V, sections 5007, 5008.
(15) Conduct of Member in.--Relevancy in Committee of the Whole.
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. 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. Volume VIII,
section 2590.
In debate under the five-minute rule the Member must confine himself to
the subject. Volume V, sections 5240-5256.
A Member required to yield the floor because of persistent irrelevancy
in debate was held not to have forfeited the right to propose and
debate amendments to subsequent paragraphs. Volume VIII, section 2595.
(16) Conduct of Member in.--Reading of Papers.
A Member in debate usually reads or has read by the Clerk such papers
as he pleases, but this privilege is subject to the authority of the
House if another Member objects. Volume V, sections 5285-5288. Volume
VIII, section 2602.
When a Member objects to the reading of a paper other than one on which
the House is to give a final vote, the question as to the reading is
determined by vote without debate. Volume V, section 5257.
Objection being made to the reading of a paper in debate, the Chair
takes the sense of the House, on motion or without motion from the
floor, and without debate. Volume VIII, section 2607.
If there is an evident abuse of the patience of the House, and
objection is made, the Member must have leave of the House to read a
paper in his place, even though it be his own written speech. Volume V,
section 5258.
The reading of a report is in the nature of debate. Volume V, section
5292.
A Member may not have a report read at the Clerk's desk in his own
time, if objection be made, without leave of the House, and even has
been debarred from reading it himself in his place. Volume V, section
5293.
Debate--Continued.
(16) Conduct of Member in.--Reading of Papers--Continued.
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.
Before the adoption of rules, while the House was proceeding under
general parliamentary law, the Speaker held that a Member in debate on
an election case might not have read as a matter of right the record of
testimony. Volume V, section 5259.
The rule prohibiting the reading of papers in debate was held to apply
to the exhibition of articles as evidence or in exemplification in
debate. Volume VIII, section 2452.
The anonymity of a letter proposed to be read by a Member in debate is
not taken into consideration in determining its admissibility. Volume
VIII, section 2598.
A motion to authorize the reading of a paper is not debatable. Volume
VIII, section 2598.
A motion that a Member having the floor be permitted to read paper
objected to in debate is privileged. Volume VIII, section 2605.
The reading of papers in debate is subject to the authority of the
House, but a motion that a Member having the floor be permitted to read
such papers as a part of his remarks is privileged. Volume VIII,
section 2604.
(17) Conduct of Member in.--Reflection on the House.
Indecent language against the proceedings of the House or reflections
on its prior determinations are not in order in debate. Volume V,
section 5131.
It is not in order in debate to cast reflections on either the House or
its membership or its decisions, whether present or past. Volume V,
sections 5132-5138.
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 VII, section 1247.
Words spoken in debate impeaching the loyalty of a portion of the
membership of the House were ruled out of order. Volume V, section
5139.
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.
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.
A question of the privilege of the House is properly raised through
presentation of a resolution. Volume VIII, section 2497.
In presenting a question of the privilege of the House, a Member is
required to submit a resolution and may not proceed in debate until the
resolution has been read at the desk. Volume VI, section 580.
(18) Conduct of Member in.--References to Other Members.
In debate a Member should not address another in the second person or
refer to him by name or call upon him to answer. Volume V, sections
5140-5143. Volume VI, section 600. Volume VIII, sections 2526, 2529.
It is not in order in debate to call a Member by name and comment on
his action in a preceding Congress. Volume V, section 5146.
Mentioning a Member by name, arraigning the motives of Members, and
personalities generally are not in order in debate. Volume V, section
5131.
It is not in order in debate to mention a Member by name or indulge in
personalities. Volume V, section 5145.
It is improper in debate to arraign the motives of Members. Volume V,
sections 5147-5151.
In the early practice of the House the Speaker intervened to prevent in
debate even the mildest imputation on the motives of a Member. Volume
V, sections 5161, 5162.
DEBATE--Continued.
(18) Conduct of Member in.--References to Other Members--Continued.
An inquiry as to whether a Member defended the owners of bonds in a
``rotten, obsolete canal'' proposed to be sold to the Government was
held by the House not to be unparliamentary. Volume VIII, section 2465.
Rule governing the Member in debate, forbidding personalities. Volume
V, section 4979.
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.
Questions involving the distinction between general language and
personalities in debate Volume V, section 5153.
Personalities aimed at a Member in a capacity other than that of
Representative are not in order. Volume V, section 5152.
Examples of personal and recriminating remarks held out of order in
debate by the Speaker. Volume V, sections 5163, 5169.
Denunciation of the spirit in which a Member had spoken was held out of
order as a personality in debate. Volume V, section 6981.
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.
It is not in order in debate for one Member to accuse another of an
offense not connected with the representative capacity of the latter.
Volume V, section 5153.
It is the duty of the Speaker to suppress personalities in debate.
Volume V, section 5131.
Instance of personalities in debate in the Senate. Volume V, section
5156.
Where charges of bribery had been made against a Senator a question
propounded to him by another Senator on the subject was held to be in
order. Volume V, section 5155.
Language tending to hold a Member up to contempt is not in order in
debate. Volume VIII, section 2527.
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.
Reference in debate to a Member as ``the General who won the war'' was
held not to constitute a breach of order. Volume VIII, section 2528.
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.
Remarks questioning the statesmanship of a Member do not constitute a
breach of order. Volume VIII, section 2527.
Mere criticism of a Member, even though in his representative capacity,
does not present a question of privilege. Volume VI, section 580.
A Member may not in debate refer to another Member by name. Volume V,
section 5144.
(19) Conduct of Member in.--Accusations of Falsehood.
While in debate the assertion of one Member may be declared untrue by
another, yet in so doing an accusation of intentional misrepresentation
must not be implied. Volume V, sections 5157-5160.
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 knowingly
stated that which in false in unparliamentary and censurable. Volume
II, section 1305.
A declaration on the floor of the House that a statement made by a
Member on his own responsibility is false presents a question of
privilege. Volume III, section 2717.
Statements charging falsehood in debate involve a question of
privilege. Volume VI, section 607.
DEBATE--Continued.
(19) Conduct of Member in.--Accusation of Falsehood--Continued.
Charges of deliberate misrepresentation are not in order in debate.
Volume VIII, section 2545.
Charges of falsehood made in debate against one not a Member of the
House were held not to constitute a breach of order. Volume VIII,
section 2532.
(20) Conduct of Member in.--Criticism of Speaker.
Complaint of the conduct of the Speaker should be presented directly
for the action of the House and not by way of debate on other matters.
Volume V, section 5188.
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.
During consideration of a resolution to censure a Member for disrespect
for the Speaker the Member likewise assailed the Speaker pro tempore,
whereupon the Speaker resumed the chair while the House acted on the
latest breach of privilege. Volume II, section 1366.
The Speaker remained in the chair and ruled as to the relevance of
language criticizing his conduct as Speaker. Volume V, section 5188.
The Speaker called a Member to the chair during consideration of a
resolution criticizing his official conduct. Volume VI, section 565.
It is a breach of order to reflect upon or to refer invidiously to the
decisions of present or former Speakers. Volume VIII, section 2531.
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.
(21) Conduct of Member in.--Reference to Committees.
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. Volume VIII, sections 2269, 2485.
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.
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 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.
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.
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.
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 matter as to reflect on them in their official capacity.
Volume VI, section 568.
It is not in order in the House to refer to the proceedings of a
committee or to read from the records thereof except by the authority
of the committee. Volume V, sections 5080-5083.
(22) Conduct of Member in.--References in Action or Debate in the
Senate.
It is a breach of order in debate to refer to debate to votes on the
same subject in the other House. Volume V, sections 5095-5097. Volume
VIII, sections 2501, 2504, 2505.
DEBATE--Continued.
(22) Conduct of Member in.--References to Action or Debate in the
Senate--Continued.
One House should not take notice of bills or other matters pending in
the other or votes or speeches until they be communicated. Volume III,
section 2656.
It is not in order in debate to refer to the actual or probable action
of the Senate. Volume V, sections 5101-5105. Volume VIII, section 2515.
It is not in order in debate to read from the record of the proceedings
of the Senate or to refer in terms to action taken in the Senate.
Volume VIII, section 2506.
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.
It is permissible in debate to refer to proceedings of the other House,
provided such reference be within the prohibitions of the rules. Volume
V, section 5099.
It is permissible, however, in discussing questions of order to refer
to parliamentary decisions of the Senate. Volume VIII, section 2518.
The inhibition against the reading in debate of the Record of
proceedings in the other House does not extend to decisions of
presiding officers on questions of procedure and parliamentary law or
to proceedings in another Congress. Volume VIII, section 2507.
Discussion as to the extent to which the proceedings of one House may
be read in the other. Volume V, sections 5107-5111.
In the Senate a reference to methods of procedure in the House, made
for the purpose of influencing the action of the Senate, was ruled out
of order. Volume V, section 5100.
Instance wherein the Senate declined to have read the record of the
proceedings of the House even as the basis of a question of order
relating to the rights of the Senate. Volume V, section 6406.
Consideration of the Senate of the extent to which the other House or
its Members might be referred to in debate. Volume V, section 5122.
While it is not in order to discuss the functions or criticize the acts
of the other House, it was held admissible to identify certain remarks
reported in the Record and cited as precedents by mentioning the name
of the Senator delivering them. Volume VIII, section 2508.
A resolution offered in the House requesting the Senate to expunge from
the Record statements in criticise of a Member of the House was to be
in violation of the rule prohibiting reference to the Senate in debate.
Volume VIII, section 2519.
Interpretation of the rule prohibiting reference in debate to what has
been said on the subject in the other House. Volume V, section 5098.
A Member may not, in debate in the House, read the record of speeches
and votes of Senators in such connection of comment or criticisms as
might be expected to lead to recriminations. Volume V, sections 5107-
5111.
It is not in order in debate to criticism words spoken in the Senate,
even by one not a Member of that body and during an impeachment trial.
Volume V, section 5106.
A Member of the House was permitted to read in debate a speech made in
the Senate by one no longer a Member of the body. Volume V, section
5113.
The quotation of personal views of a Senator, not uttered in the
Senate, was held to be in order in the House. Volume V, section 5112.
(23) Conduct of Member in.--Criticism of the Senate or Its Members.
Members may not in debate reflect upon the actions or speeches or
Senators, or upon the proceedings of the Senate. Volume VIII, section
2518.
While the Senate may be referred to properly in debate, it is not in
order to discuss its functions or criticism its acts. Volume V,
sections 5114-5120.
Discussion of the importance of suppressing debate casing reflections
of the other House or its Member. Volume V, section 5129.
After examination by a committee a speech reflecting of the character
of the Senate was ordered to be stricken from the Record. Volume V,
section 5129.
DEBATE--Continued.
(23) Conduct of Member in.--Criticism of the Senate or Its Members--
Continued.
It is not in order in debate to refer to a Senator in terms of personal
criticism. Volume V, sections 5121, 5122.
It is not in order in debate to criticize actions of Members of the
Senate in connection with their legislative duties. Volume VIII,
section 2518.
It is not in order in debate for a Member to impugn the motives or
criticize the actions of Members of the Senate. Volume VIII, section
2520.
It is not in order in debate for a Member to refer to a Member of the
Senate by name, nor may the Speaker entertain a request for unanimous
consent to proceed in violation of this rule. Volume VIII, section
2519.
It is not in order to refer to a Member of the other House even for the
purpose of complimenting him. Volume VIII, section 2509.
It is not in order in debate to name a Senator in terms of personal
criticism of actions outside the Senate but connected with his
representative capacity. Volume VIII, section 2515.
It is not in order in debate to criticize Members of the other body,
but such rule does not apply to criticism of statements made by Members
of the other body outside the Chamber. Volume VI, section 568.
The rule against criticism of Senators in debate applies only to words
spoken on the floor and does not extend to speeches and interviews
outside the House. Volume VIII, section 2519.
A Member may not, in the course of debate, read a paper criticizing a
Member of the Senate. Volume V, section 5127.
The resignation of a Senator for a public reason was debated in the
House without question. Volume V, section 5128.
It is the duty of the Speaker to prevent expression offensive to the
other House. Volume V, section 5130. Volume VIII, section 2521.
It is the duty of the Chair, without suggestion from the floor, to
interfere when statements are made in debate which might give Senators
ground for complaint. Volume VIII, section 2520.
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 the duty of the House, and particularly of the Speaker, to
suppress in debate expressions which may give ground of complaint to
the other House. Volume V, section 5095.
A resolution relating to language reflecting on the Senate was
entertained as a question of privilege. Volume V, section 5129.
Language used in the House and published in the Congressional Record
reflecting upon the Senate and Senators presents a question of
privilege. Volume V, section 6980.
After a speech reflecting on the character of the Senate had appeared
in the Record, a resolution proposing an apology to the Senate was
treated as a matter of privilege. Volume V, section 5129.
The question of order being raised that a pending resolution reflected
on the Senate, the Speaker held that it was a matter for the House, and
not the Chair, to pass on. Volume III, section 1744.
The rule interdicting criticism of Members of the Senate in debate also
applies to remarks extended in the Record. Volume VIII, section 2519.
Reference to a Member of the Senate in terms of criticism is not in
order even though the Senator referred to is not mentioned by name.
Volume VIII, section 2512.
A statement by a Member in debate that ``a gentleman in another body''
had made an ``unwise and unwarranted attack on the Commander in Chief
of the Army and Navy'' was held to be a breach of order. Volume VIII,
section 2512.
DEBATE--Continued.
(23) Conduct of Member in.--Criticism of the Senate or Its Members--
Continued.
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.
Criticism of a Senator by a Member in debate was held by the House to
be in violation of its rules and the Public Printer was directed to
exclude it from the permanent Record. Volume VIII, section 2514.
Reference to reprints inserted in the Senate proceedings involves
reference to Senate debates, and is not in order. Volume VIII, section
2503.
A communication from the Senate designating as ``unture'' 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 its as a breach of privilege.
Volume VIII, section 2514.
(24) Conduct of Member in.--Replies to Criticisms in the other House.
A Senator in debate in the Senate having assailed a Member of the
House, the Member was allowed, as a matter of privilege, to explain to
the House his own conduct, but not to assail the Senator in his
capacity as Senator. Volume V, sections 5125, 5126.
A Member whose motives have been impugned in the Senate may refer to
proceedings in that body sufficiently to explain his own motives, but
may not, under the rights of privilege, bring into discussion the whole
merits of the controversy. Volume V, sections 5123, 5124.
A Senator having assailed a Member in debate, the House massaged to the
Senate a resolution declaring the language a breach of privilege.
Volume VIII, section 2516.
A Senator in debate in the Senate having assailed the Speaker, a
resolution declaring the language of the Senator a breach of the
privilege of the House was treated as a matter of privilege. Volume VI,
section 584.
A Member having referred to the Senate in a public address, it was held
in order to reply on the floor of the Senate, avoiding personalities
and criticism of the other House. Volume VIII, section 2510.
(25) Conduct of Member in.--Referencess to the President.
The law of Parliament, evidently inapplicable to the House of
Representatives, forbids the member from speaking ``irreverently or
seditiously against the King.'' Volume V, section 5986.
It is in order in debate to refer to the President of the United States
or his opinions, either with approval or criticism, provided that such
reference be relevant to the subject under discussion and otherwise
conformable to the rules of the House. Volume V, sections 5087-5091.
Volume VIII, sections 2497, 2500.
A reference in debate to the probable action of the President of the
United States was held to involve no breach of order. Volume V, section
5092.
Criticism of the manner in which the President discharged the duties of
his office was decided by the House not to violate the rules of decorum
in debate. Volume VIII, section 2499.
Debate in the House may refer to the motives of the President but
personal criticism, innuendo or ridicule are not in order. Volume VIII,
section 2497.
The principles of decorum and courtesy governing the relations of the
two Houses should extend to the relations of the House with the
President. Volume VIII, section 2497.
Mr. Speaker Colfax held that a Member, in debating a proposition to
impeach the President, should abstain from language personally
offensive. Volume V, section 5094.
In debating a proposition to impeach the President of the United States
a wide latitude was permitted to a Member in preferring changes. Volume
V, section 5093.
DEBATE--Continued
(25) Conduct of Member in.--References to the President--Continued.
A resolution providing for investigation of the propriety of language
referring to the President of the United States and said to violate the
privileges of debate was considered as privileged. Volume VIII, section
2499.
A statement made in debate to the effect that the President considered
himself the Government and used pork as the crude material of his
administration was held not to involve a breach of order. Volume VIII,
section 2499.
It is a breach of order in debate to refer to the President
disrespectfully. Volume VIII, section 2498.
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.
It is not in order in debate to refer to the President of the United
States in terms of opprobrium. Volume VIII, section 2497.
(26) Conduct of Member in.--Disorderly Words and Acts.
Parliametary law as to offenses committed by a Member in the House,
especially in debate. Volume II, section 1244.
From Members between whom warm words or an assault has passed on the
floor, the House has exacted apologies. Volume II, sections 1646, 1647.
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.
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.
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.
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.
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.
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.
For parliamentary language in Committee of the Whole William D. Bynum
was censured by the House. Volume II, section 1259.
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.
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.
For unparliamentary language and an assault two Senators were declared
in contempt and later were censured. Volume II, section 1665.
In early and infrequent instances of misunderstandings and disorder in
the Senate no action was taken beyond investigation. Volume II,
sections 1663-1664.
A Member is allowed a wide latitude in debate relating to a
contumacious witness at the bar of the House. Volume V, section 5170.
A Member in debate may impeach the testimony of a witness before a
Committee. Volume V, section 5171.
A Member having concluded his remarks and yielded the floor was not
required to answer for words objected to as unparliamentary. Volume
VIII, section 2536.
DEBATE--Continued.
(26) Conduct of Member in.--Disorderly Words and Acts--Continued.
The issue raised by the questioning of a Member for words spoken in
debate was referred to the Judiciary Committee. Volume VI, section 553.
A select committee appointed to consider the propriety of remarks made
by a Member in debate invited him to submit suggestions in writing.
Volume VIII, section 2497.
A select committee appointed to consider the propriety of remarks
delivered in the House reported that they contained no language in
violation of the privileges of debate, and asked to be discharged.
Volume VIII, section 2499.
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.
(27) Conduct of Member in.--Treasonable Words.
Questions of order have been raised when language used in debate has
been such as to suggest the dissolution of the Government. Volume V,
sections 5173, 5174.
After considering the question of expulsion the House censured a Member
for words alleged to be treasonable. Volume II, section 1253.
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.
For words alleged to be treasonable the House censured a Member after a
motion to expel him had failed. Volume II, section 1254.
(28) Conduct of Member in.--Disorderly Words in the Record.
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.
A Member having uttered disorderly words on the floor without
objection, the House was not thereby precluded from action, when after
being withheld for revision, the words were printed in the Record.
Volume V, sections 6979, 6980.
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.
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.
(29) Conduct of Members in.--In General.
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 display of exhibits in debate by way of illustration is subject to
the will of the House and any Member may object. Volume VIII, section
2452.
The introduction of exhibits, demonstrations, or other unusual adjuncts
to debate are subject to the will of the House. Volume VIII, section
2453.
It is a breach or order to refer in disparaging terms to a State of the
Union. Volume VIII, section 2522.
A Member may not be required to give the authority of any respectful
statement which he may quote in debate. Volume V, section 5172.
A Member in debate may impeach the testimony of a witness before a
committee. Volume V, section 5171.
A Member is allowed a wide latitude in debate relating to a
contumacious witness at the bar of the House. Volume V, section 5170.
An attempt of a Member to speak when debate is not in order is not
noticed in the Journal. Volume IV, sections 2861, 2862.
(30) The Call to Order.--Duty of the Speaker and Members.
If a Member in debate transgresses the rules it is the duty of the
Speaker to intervene and require that he proceed in order. Volume VIII,
section 3479.
DEBATE--Continued.
(30) The Call to Order.--Duty of the Speaker and Members--Continued.
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 of otherwise.
Volume V, section 5175.
If the Member digress or otherwise transgress the rules in the
discussion of a question of privilege, it is the duty of the Speaker to
call him to order. Volume VIII, section 2481.
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.
The Speaker without suggestion from the floor may call a Member to
order for breach of order in debate. Volume V, sections 5161, 5162.
The Speaker sometimes interposes to prevent breach of order in debate
without waiting for a question to be raised by a Member. Volume V,
section 5163.
For reflections on the Chair as well as on Members of the House Mr.
Speaker Jones called a Member to order. Volume V, section 5192.
The explanation of a Member being referred to by another Member in
debate ``as worthy of a Nero or a Jefferys,'' the Speaker intervened
and the language was withdrawn. Volume V, section 5154.
A Delegate may call a Member to order in debate. Volume II, section
1295.
Reference to an early criticism of the rules as too strict in relation
to freedom of debate (footnote). Volume V, section 5043.
Instance wherein the Speaker submitted to the House the question as to
whether a statement objected to in debate was in order. Volume VI,
section 617.
It has always been considered the particular duty of the Speaker to
prevent expressions offensive to the Senate or Senators. Volume V,
section 5130.
(31) The Call to Order.--Words Taken Down.
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 demand that disorderly words be taken down must be made at once,
before debate intervenes. Volume V, section 5178. Volume VIII, sections
2536, 2537.
The demand that words spoken in debate be taken down it is not
necessary that they be quoted verbatim. Volume VIII, section 2540.
A request having been made that words objected to as unparliamentary be
taken down, no motion is in order until the words have been read from
the desk. Volume VIII, section 2540.
When a Member who has been called to order in debate denies that the
words taken down are the exact words used by himself the question as to
the words is put to the House for decision. Volume V, sections 5179,
5180.
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.
After a demand has been made that words spoken in debate be taken down
explanation of the meaning or proper interpretation of the words is not
in order. Volume VIII, section 2532.
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.
The rule requiring words spoken out or order to be taken down at once
does not apply to an occurrence of disorder constituting a breach of
privilege. Volume II, section 1657.
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.
DEBATE--Continued.
(31) The Call to Order.--Words Taken Down--Continued.
If the point of order is made against words spoken in debate without
the demand that they be taken down, the Chair ordinarily admonishes the
offender and, if he continues to transgress the rules, stops him.
Volume VIII, section 2465.
If a Member transgress the rules of the House in speaking the Chair may
call him to order, but in the later practice the Speaker does not pass
upon the question as to whether words requested to be taken down in
debate are within the rule. Volume VIII, section 2465.
It is for the House and not the Chair to decide on the propriety of
words demanded to be taken down as unparliamentary. Volume VIII,
section 2540.
It is not within the province of a Member assailed in debate to object
to such language being taken down under the rule. Volume VIII, section
2542.
Words demanded to be taken down under the rule may be withdrawn by
unanimous consent only. Volume VIII, sections 2528, 2543.
A request that a Member uttering objectionable words yield does not
forfeit the right to demand that the words be taken down. Volume VIII,
section 2528.
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.
Time consumed in proceedings incident to taking down disorderly words
is not charged to time allotted the Member when he resumes the floor.
Volume VIII, section 2540.
Strictures in debate do not give rise to a question of privilege but
are properly contravened by a demand that the words be taken down.
Volume VIII, section 2537.
A Member may withdraw words objected to in debate in Committee of the
Whole by unanimous consent only. Volume VIII, section 2538.
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, sections 2533,
2539.
Demand being made that words spoken in debate be taken down as
unparliamentary, it is in order to demand that words spoken by other
Members in the same colloquy also be taken down to be simultaneously
reported to the House when the committee rises. Volume VIII, section
2538.
Demand for the taking down of additional words, or words spoken by
others, may be made at any time before the committee rises and the
point of order may not be made that the demand comes too late because
made after the words first objected to have been read at the desk.
Volume VIII, section 2538.
A portion of a letter having been taken down on demand in Committee of
the Whole and reported to the House, a motion to expunge the entire
letter from the Record was held to be in order. Volume VIII, section
2539.
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.
Unparliamentary words spoken in Committee of the Whole are taken down
and read, whereupon the committee rises and reports them to the House.
Volume II, sections 1257, 1258.
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.
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.
Words spoken in debate having been taken down and read from the desk,
the committee rises automatically under the rule and a motion to rise
is not required. Volume VIII, section 2538.
DEBATE--Continued.
(31) The Call to Order.--Words Taken Down--Continued.
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.
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 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.
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.
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.
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.
Words taken down and reported to the House by the Committee of the
Whole are summarily disposed of by a motion to strike them from the
Record with a demand for the previous question on the motion. Volume
VIII, section 2538.
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 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.
(32) The Call to Order.--Member Sits Down, But May Be Permitted to
Explain or Proceed.
A Member called to order in debate must take his seat. Volume VIII,
sections 2528, 2534, 2538, 2542.
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 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.
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.
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.
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.
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 gentleman be allowed to proceed in order.'' Volume V, sections
5188, 5189.
DEBATE--Continued.
(32) The Call to Order.--Member Sits Down, But May Be Permitted to
Explain or Proceed--Continued.
A motion that a Member called to order for words spoken in debate be
allowed to proceed in order being rejected, the Member was required to
take his seat. Volume VIII, section 2497.
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.
The House often votes that a Member who has been decided out of order
in debate shall be allowed to proceed in order. Volume V, sections
5191-5193.
A Member who has been called to order in debate and granted leave to
proceed must still confine himself within the rules governing debate.
Volume V, section 5195. Volume VIII, section 2534.
A Member who has been called to order in debate and decided out of
order loses the floor, and another may be recognized. Volume V,
sections 5196-5199.
A Member who has been called to order in debate and directed to sit
down may not proceed on yielded time. Volume V, section 5147.
A Member required to take his seat because of unparliamentary language
may not be recognized to present a point of order against ensuing
proceedings. Volume VIII, section 2545.
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.
A Member called to order for words spoken in debate having withdrawn
the language objected to, no further action was taken by the House.
Volume VIII, section 2542.
A Member having been allowed by general consent to proceed in debate
after he had been called to order, it was held that a vote of the House
on the question might not be demanded. Volume V, section 5194.
A Member whose remarks have been decided out of order ass irrelevant
may not proceed, under the rule, except with the permission of the
House expressly granted. Volume V, sections 5200, 5201.
The Speaker having decided that words spoken in debate on a pending
appeal were out of order, declined to entertain an appeal from the
latter decision. Volume V, section 6944.
A Member who resumes his seat after being called to order loses his
claim to prior right of recognition. Volume V, section 5016.
A Member who has been called to order in debate and granted leave to
proceed must still confine himself within the rules governing debate.
Volume V, section 5195.
(33) The Call to Order.--Journal Record of.
The Journal does not always give in full disorderly words spoken in
debate and ordered to be taken down. Volume II, section 1251.
The Journal may record the simple fact that a Member makes an
explanation, but it does not record the act of the Speaker in calling
him to order for irrelevancy. Volume IV, section 2837.
When the Speaker calls a Member to order for irrelevancy in debate, and
the House votes that the Member may proceed, the Journal should contain
a record of the transaction. Volume IV, section 2839.
It was held in the Senate that when a Senator called to order for words
spoken in debate, appealed to the Senate the Journal should record the
words. Volume IV, section 2838.
(34) The Call to Order.--In an Impeachment Trial.
Mr. Justice Chase, in asking time to prepare his answer to the
articles, was called to order by the Vice-President for expressions
used. Volume III, section 2349.
DEBATE--Continued.
(35) Restrictions on.--The Hour Rule.
The hour rule for debate. Volume V, section 4978.
The hour rule applies to debate on a question of privilege as well as
to debate on other questions. Volume V, section 4990. Volume VIII,
section 2448.
The member in charge of a bill under consideration in the House is
recognized for an hour, during which he may move the previous question
or yield time, but in yielding to a Member to offer an amendment he
surrenders the floor. Volume VII, section 1053.
In the House the Member reporting a measure is entitled to recognition
for one hour during which he may yield to other as he may choose, and
at the close of which, unless the previous question is moved, the
ranking Member in opposition may be recognized for an hour with the
same privilege, after which other Members favoring and opposing the
measure are recognized alternately, preference being given Members of
the committee reporting the measure. Volume VIII, section 2460.
A committee having been discharged from the further consideration of a
resolution of inquiry, debate is in order under the hour rule unless
the previous question is ordered. Volume VI, section 416.
Debate on Senate amendments reported in disagreement by managers on the
part of the House is under the hour rule, but the Member in charge is
entitled to prior recognition and may move the previous question.
Volume VII, section 1572.
The House having adopted a special order susceptible of an
interpretation waiving the rule limiting Members to one hour in debate,
the Speaker held the rule to remain in force unless specifically
abrogated. Volume VII, section 766.
Before the election of a Speaker the House has adopted a rule
regulating debate. Volume I, sections 94, 95.
Early reference to the use of debate as a method of obstruction. Volume
IV, section 3061.
(36) Restrictions on.--Member Speaks But Once Unless He Have the
Closing.
No member may speak more than once to the same question unless he be
the mover or proposer, in which case he may speak in reply after all
choosing to speak have spoken. Volume V, section 4991.
A Member may not speak more than once on an appeal, except by
permission of the House. Volume II, section 1313. Volume V, section
6938.
A Member who has spoken once to the main question may speak again to an
amendment. Volume V, sections 4993, 4994.
It is too late to make the point of order that a Member has spoken
already if no one claims the floor until he has made some progress in
his speech. Volume V, section 4992.
The Member reporting the measure under consideration may open and close
where general debate is had, and may have an additional hour to close
if debate extend beyond a day. Volume V, section 4996.
In the later practice of the House the Member reporting the matter
under consideration may not exercise his right to close after the
previous question is ordered. Volume V, sections 4997-5000.
In the earlier practice of the House the right of the mover to close
the debate might not be cut off by the previous question. Volume V,
section 4995.
The earlier practice as to the right to close debate permitted its
exercise after the time for terminating general debate to Committee of
the Whole as well as after the ordering of the previous question.
Volume V, section 4997.
The right of the ``mover, proposer, or introducer of the matter
pending'' to close debate does not belong to a Member who has merely
moved to reconsider the vote on a bill which he did not report. Volume
V, section 4995.
Discussion as to the rights of a contestant who is permitted to address
the House to close debate in a contested election case. Volume V,
section 5001.
DEBATE--Continued.
(37) Restrictions on.--Yielding for Motions, etc.
In the House a Member may yield the floor for a motion to adjourn
without losing his right to continue when the subject shall be
considered again. Volume V, sections 5009, 5010.
A Member who has yielded the floor for a motion to adjourn is entitled
to prior recognition after that motion is decided in the negative.
Volume V, section 5011.
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.
A Member who had yielded the floor to enable the subject to be
postponed to a day certain was held to be entitled to prior recognition
when the subject was again considered. Volume V, section 5014.
A Member who resumes his seat while a paper is being read in his time
foes not thereby lose his right to proceed. Volume V, section 5015.
A Member who, having the floor, moved the previous question, was
permitted to resume the floor on withdrawing the motion. Volume V,
section 5474.
A Senator who had yielded the floor to a message from the House was
held entitled to resume the floor to the exclusion of other business.
Volume V, section 5017.
In the House a Member may not yield even temporarily for other business
without losing the floor. Volume VIII, section 2468.
While the Member in charge must yield for preferential motions, a
Member may not by offering such motion deprive the Member in charge of
the floor. Volume VIII, section 3259.
A Member may not prefer a parliamentary inquiry while another Member is
in possession of the floor. Volume VIII, section 2455.
(38) Restriction on.--Yielding for Debate.
According to the later practice a Member having time for debate may
yield such portion of it as he may choose to another. Volume V,
sections 5018-5020.
It is entirely within the discretion of the Member occupying the floor
in debate to determine when and by whom he shall be interrupted. Volume
V, sections 5007, 5008. Volume VIII, section 2463.
A Member desiring to interrupt another in debate should address the
Chair for permission of the Member speaking, but the latter may
exercise his own discretion as to yielding. Volume VIII, section 2465.
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.
A Member who receives time in debate from another may yield of it to a
third only with the consent of the original possessor. Volume V,
sections 5033, 5034. Volume VIII, sections 2470, 2471.
Members may not yield time during the five-minute debate. Volume V,
sections 5035-5037.
In the earlier practice of the House a Member having the floor in
debate might yield only for an explanation. Volume V, sections 5023,
5024.
The practice of yielding time in debate grew up in the House after the
establishment of the hour rule had made it practicable (footnote).
Volume V, section 5021.
A Member recognized for an hour may yield time to others at will until
the entire hour is consumed, although another demands recognition in
his own right. Volume VIII, section 2472.
The practice of permitting a Member to yield time within his control
for debate to another Member began about 1852, but was questioned as
late as 1879. Volume V, sections 5021-5027.
Before the adoption of rules, while the House was proceeding under
general parliamentary law, it was held that a Member having the floor
in debate might not yield the floor to another without losing the right
to resume. Volume V, sections 5038-5040.
DEBATE--Continued.
(38) Restrictions on.--Yielding for Debate--Continued.
Under general parliamentary usage a Member having the floor may yield
time for debate to others and retain the right to resume debate or move
the previous question. Volume VIII, section 3383.
In the Senate a Senator may not take the floor and then yield periods
of time to other Senators. Volume V, section 5041.
A Member may not offer an amendment in time secured for debate only.
Volume VIII, section 2474.
If a Member having the floor yields for interruption the remarks of the
Member yielded to must appear in the Record, but if the Member having
the floor declines to yield he may strike from copy for the Record
remarks so interjected. Volume VIII, section 2465.
A Member may not yield time allotted under the rule providing for the
consideration of the Private Calendar. Volume VII, section 848.
Time yielded by a Member in control of half of the 40 minutes of debate
on a motion to suspend the rules may not be reserved or yielded to a
third Member. Volume VIII, section 3417.
(39) Restrictions on.--Conditions of Yielding for Amendment.
A Member may control the time allowed him by the rules, yielding time
to others for debate but not for amendment. Volume V, sections 5029,
5030.
When a Member yields of his time for debate an amendment may not be
offered in the yielded time without his consent. Volume V, section
5032.
A Member who has the floor in debate may not yield to another Member to
offer an amendment without losing control of his time. Volume V,
section 5021.
A Member who yields the floor to another to offer an amendment loses
his right to reoccupy it. Volume V, sections 5030, 5031.
Amendments may not be offered in time yielded for debate only, and a
Member yielding to another to propose an amendment loses the floor.
Volume VIII, section 3187.
A Member may yield time for amendment in the House, but a Member
yielding relinquishes the floor. Volume VIII, section 2470.
A Member who, having the floor in debate, yields to another to offer an
amendment loses his right to resume, and the Member to whom the floor
is yielded is recognized for one hour. Volume V, section 5031. Volume
VIII, section 2478.
A Member having control of the time may not yield for an amendment
without losing the floor, and is not entitled to a second hour if
another demands recognition. Volume VIII, section 2476.
A Member in charge may yield for debate and retain control of the
remainder of the time allotted, but in yielding for amendments thereby
relinquishes the floor. Volume VII, section 801.
A Member may yield to permit an amendment to be read for information,
or to be voted upon at the close of general debate, without losing
control of his time. Volume VIII, section 2477.
(40) Restrictions on.--Precluded by Division on Beginning of Yea-and-
Nay Call.
A division having commenced debate is thereby precluded. Volume V,
sections 5928, 5929.
Debate may continue, the previous question not having been ordered,
until the Speaker has put the negative side of the question. Volume V,
section 5925.
In the general, although not universal, practice debate has not been
closed by the ordering of the yeas and nays until one Member has
responded to the call. Volume V, sections 6101-6105.
Reference to instances in the Senate wherein debate was had after the
yeas and nays were ordered, but not after the calling of the roll had
been begun. Volume V, section 6100.
It was held in the Senate that when the yeas and nays were ordered and
taken and a quorum failed to respond debate was not in order when a
quorum appeared. Volume V, section 6100.
DEBATE--Continued.
(41) Restrictions on.--The Previous Question.
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. Volume VIII, section 2662.
The motion for the previous question when agreed to has the effect of
cutting of all debate (except forty minutes on questions not before
debated) and of bringing the House to a vote. Volume V, sections 5443,
5444.
After the previous question is moved there may be no further debate,
not even the asking of a question. Volume V, section 5481.
The reading of a report, being in the nature of a debate, is not in
order after the previous question is ordered. Volume V, sections 5294-
5295.
After the motion is made for the previous question all incidental
questions of order, whether on appeal or otherwise, are decided without
debate. Volume V, sections 5448, 5449.
A member may not demand the previous question if the Member in charge
of the bill claims the floor in debate. Volume II, section 1458.
A Member opposed to a bill, having the floor, may make a motion for the
previous question although the effect of the motion may be to deprive
the Member in charge of the control of the bill. Volume V, section
5476.
The development through which the previous question has become a
flexible, reasonable, and efficient instrumentality for restricting
debate and forwarding business. Volume V, section 5446.
When a vote taken under the operation of the previous question is
reconsidered the main question stands divested of the previous question
and may be debated and amended without reconsideration of the motion
for the previous question (Speaker overruled). Volume V, sections 5491,
5492.
When the previous question has been ordered on a series of motions and
its force has not been exhausted, the reconsideration of the vote on
one of the motions does not throw it open to debate or amendment.
Volume V, section 5493.
Although the previous question had been ordered on a motion to
reconsider, it was held that a question of privilege might be debated.
Volume III, section 2532.
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.
The right to debate and amend a bill reported from the Committee of the
Whole depends upon the will of the House. Volume IV, section 4895.
The Member in charge of the bill is entitled to prior recognition to
move the previous questions even after he has surrendered the floor for
debate. Volume VIII, section 2682.
Unless the previous question is operating, debate is in order after the
third reading and pending the vote on the passage of the bill. Volume
VIII, section 3067.
History of the process by which the House changed the previous question
of Parliament into an instrument for closing debate and bringing a vote
on the pending question. Volume VIII, section 2661.
(42) Restrictions on.--Forty Minutes After Previous Question Is
Ordered.
When the previous question is ordered ``on any proposition on which
there has been no debate'' forty minutes are to be divided in debate.
Volume V, section 5495.
When the previous question is ordered on the motion to close debate,
the rule providing for forty minute debate on propositions on which the
previous question has been ordered without prior debate does not apply,
and no debate is in order. Volume VIII, section 2555.
Forty minutes of debate are allowed whenever the previous question is
ordered on a proposition on which there has been no debate. Volume V,
section 6821.
DEBATE--Continued.
(42) Restrictions on.--Forty Minutes After Previous Question Is
Ordered--Continued.
Forty minutes of debate are allowed on a proposition on which the
previous question is ordered without debate, one-half for those
favoring and one-half for those opposing, and where it developed, after
recognition, that both favored the proposition the Speaker required
each to yield half his time to those opposing the motion. Volume VIII,
section 2689.
If there has been debate, even though brief, before the previous
question is ordered, the forty minutes of debate provided for in Rule
XXVIII is precluded. Volume V, sections 5499-5501.
The debate which justifies a refusal of the right to the forty minutes
after the previous question is ordered should be on the merits. Volume
V, section 5502.
The word ``proposition'' in the rule providing as to debate after the
previous question is ordered means the main question and does not refer
to incidental motions. Volume V, sections 5497, 5498.
Where the previous question is ordered on a proposition which has been
debated in Committee of the Whole the rule permitting forty minutes of
debate does not apply. Volume V, section 5505.
The rule for the forty minutes of debate does not apply to an amendment
on which there has been no debate in a case wherein the motion for the
previous question covers both the amendment and the original
proposition, which has been debated. Volume V, section 5504.
The rule permitting forty minutes of debate was held to apply to an
amendment on which the previous question had been ordered before there
had been debate either in the House or in Committee of the Whole.
Volume V, section 5503.
The rule permitting forty minutes of debate does not apply when the
question on which the previous question is ordered without debate is
otherwise undebatable. Volume VIII, section 2690.
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.
The previous question having been ordered on a resolution to correct an
error in an enrolled bill the forty minutes of debate was not allowed.
Volume V, section 5508.
Before the adoption of rules the previous question of general
parliamentary law does not permit forty minutes of debate on questions
on which there has been no debate. Volume V, section 5509.
The forty minutes of debate allowed in certain cases after the previous
question is ordered should be demanded before division on the main
question has begun. Volume V, section 5496.
Prior to adoption of rules, the motion for the previous question is
admissible under general parliamentary law, but if ordered without
prior debate the 40 minutes' debate prescribed by the rules of the
previous Congress is not in order. Volume VIII, section 3386.
(43) Restrictions on.--By Special Orders.
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 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 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.
DEBATE--Continued.
(43) Restrictions on.--By Special Orders--Continued.
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.
Where a special order divides time for debate equally between those
favoring and those opposing a proposition, the Members recognized to
control time are recognized for one-half the time even when in excess
of the hour to which one Member is limited under the general rules of
debate. Volume VII, section 785.
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 the time. Volume
VII, section 785.
Where a special order for the consideration of a bill limited general
debate to one hour without providing for control of the time it was
held that the Member in charge should be recognized to control the time
in favor of the bill; the ranking minority Member to control the time
in opposition; and if none of the minority opposed the bill the
minority leader should control the time in opposition. Volume VIII,
section 2461.
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.
The time of a debate having been divided and assigned to the control of
the two sides, it must be allotted to Members in accordance with the
rules, no Member being allowed more than one hour. Volume VIII, section
2462.
Time consumed in discussion of incidental points of order is not taken
from time allotted for debate under the rule. Volume VI, section 606.
Volume VIII, sections 2505, 2556.
(44) Speaker's Participation in.--From the Chair.
The Speaker may of right speak from the chair on questions of order and
be first heard. Volume II, section 1367.
Except on questions of order the Speaker may speak from the chair only
by leave of the House and on questions of fact. Volume II, section
1367.
The Speaker sits while rendering decisions on points of order or when
participating in debate thereon (footnote). Volume II, section 1367.
The Speaker sometimes makes a brief explanation from the chair without
asking the assent of the House. Volume II, sections 1373, 1374.
The Speaker asks consent to address the House even on a question of
order. Volume IV, section 3043.
In asking an investigation of his conduct, Mr. Speaker Clay addressed
the House from the chair, but immediately left it when the House was to
act. Volume II, section 1362.
The Speaker, by unanimous consent, addressed the House on a subject
relating to his election. Volume II, section 1360.
The Speaker has spoken briefly from the chair on a question of
privilege relating to himself. Volume II, section 1370.
A Member having criticised the past conduct of the Speaker the House
consented that the latter should explain from the chair. Volume II,
section 1369.
By leave of the House the Speaker was permitted to make a statement
from the chair as to proceedings in the recent joint meeting to count
the electoral vote. Volume II, section 1372.
(45) Speaker's Participation in.--From the Floor.
On occasions comparatively rare Speakers have called Members to the
chair and participated in debate, usually without asking consent of the
House (footnote). Volume II, section 1367.
Instance wherein the Speaker left the chair to reply to a speech
reflecting on his conduct. Volume II, section 1371.
DEBATE--Continued.
(45) Speaker's Participation in.--From the Floor--Continued.
The seat of the Speaker as a Member being contested, consent of the
House was obtained to permit him to speak on the report, although he
had called a Member to the chair. Volume II, section 1368.
Instance wherein the Speaker debated a point of order while a Speaker
pro tempore occupied the chair and was about to rule. Volume V, section
6097.
Mr. Speaker Colfax left the chair to participate in debate on a
question arising out of the electoral count of 1869. Volume III,
section 1950.
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.
(46) Speaker's Participation in.--Addresses by.
The address of the Speaker on taking the chair, as well as his remarks
on leaving it, is often entered on the Journal without special order
(footnote). Volume II, section 1362.
The Speaker, having announced his resignation, made a farewell address
and left the chair. Volume I, section 233.
The Speaker having appealed to the House for an investigation, the
House ordered his address to be entered on the Journal. Volume II,
section 1362.
The remarks of the Speaker announcing the death of John Quincy Adams
were printed in full in the Journal by order of the House. Volume V,
section 7160.
(47) In Committee of the Whole.--The Motion to Close General Debate.
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.
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.
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.
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.
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 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.
Form of motion made in the House to limit general debate in Committee
of the Whole (footnote). Volume V, section 5207.
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 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.
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.
The motion to close general debate may not be made in Committee of the
Whole. Volume V, section 5217.
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.
A proposition for a division of time is not in order as a part of a
motion to limit general debate in Committee of the Whole. Volume V,
sections 5210, 5211.
DEBATE--Continued.
(47) In Committee of the Whole.--The Motion to Close General Debate--
Continued.
General debate in Committee of the Whole may not be limited on a series
of bills by one motion. Volume V, section 5209.
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 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.
The rule allowing proponents to close debate does not apply in
Committee of the Whole. Volume VIII, section 2581.
A motion to close debate on the pending section and amendments thereto
does not apply to amendments proposing a new section. Volume VIII,
section 2582.
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.
(48) In Committee of the Whole.--General Principles as to Closing
General Debate.
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.
Time for debate having been fixed by the House, the Committee of the
Whole may not, even by unanimous consent, extend it. Volume V, sections
5212-5216. Volume VIII, section 2321.
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.
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.
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.
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.
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.
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.
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.
(49) In Committee of the Whole.--Early Practice as to Closing General
Debate.
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.
The early method of closing general debate in Committee of the Whole.
Volume V, section 5205.
Illustration of the early method of closing general debate in Committee
of the Whole. Volume V, section 6820.
Form of the resolution by which general debate was closed in Committee
of the Whole in former years. Volume V, section 6738.
(50) In Committee of the Whole.--The Five-Minute Debate.
The rule governing the five-minute debate on amendments in Committee of
the Whole. Volume V, section 5221.
DEBATE--Continued.
(50) In Committee of the Whole.--The Five-Minute Debate--Continued.
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.
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. Volume VIII, section 2560.
In debate under the five-minute rule the Member must confine himself to
the subject, even on pro forma amendments. Volume VIII, section 2591.
A Member proposing an amendment may offer an amendment to such
amendment during the five minutes allotted him under the rule but may
not thereby secure additional time for debate. Volume VIII, section
2562.
During the five-minute debate resolutions 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.
Under the 5-minute rule, time for debate may be fixed but may not be
alloted even by unanimous consent. Volume VIII, section 2559.
A proposition for control or division of time is not in order as a part
of a motion to limit debate under the five-minute rule. Volume VIII,
section 2570.
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.
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.
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.
A point of order against a paragraph of a bill being read for amendment
under the five-minute rule comes too late after the reading of the
following paragraph. Volume VIII, section 2351.
A special order providing that a bill should be considered for
amendment under the 5-minute rule was construed to admit the motion to
strike out the enacting clause. Volume VII, section 787.
The Member in charge, and not the proponent, is entitled to close
debate on an amendment in the Committee of the Whole. Volume VIII,
section 2581.
Debate under the five-minute rule, however brief, was held to exhaust
the time allotted and another Member was denied recognition for the
unexpired time. Volume VIII, section 2571.
If objection is entered or reserved 10 minutes debate is allowed and
unless three Members then object the bill is considered under the 5-
minute rule. Volume VII, section 846.
(51) In Committee of the Whole.--Closing Five-Minute Debate.
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 amendment. Volume V, section 5224. Volume
VIII, section 2566.
A motion to close debate under the five-minute rule is not in order
until such debate has begun. Volume V, section 5225.
The five-minute debate may be closed after one speech of five minutes.
Volume V, section 5226.
The five-minute debate may be closed after one speech, however brief,
and it is not necessary that an entire five minutes be consumed to make
the motion to close debate in order. Volume VIII, section 2573.
The motion to close the five-minute debate is not debatable. Volume
VIII, section 2575.
DEBATE--Continued.
(15) In Committee of the Whole.--Closing Five-Minute Debate--Continued.
The motion to close the five-minute debate, while not debatable, is
amendable. Volume V, section 5227. Volume VIII, section 2578.
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.
Closing debate under the five-minute rule on a section does not
preclude the offering of amendments. Volume VIII, section 2579.
The closing of debate on a section and all amendments thereto applies
to amendments offered subsequently. Volume VIII, section 2580.
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.
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.
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.
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.
After debate under the five-minute rule has begun on an amendment the
motion to close debate is privileged. Volume VIII, section 2567.
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.
The committee having by vote fixed the time for closing debate on a
pending section and amendments thereto, a motion to change such time is
not in order. Volume VIII, section 2588.
Consideration of an amendment offered as a new section closes debate
and amendment on the section pending at the time the new section is
offered. Volume VIII, section 2582.
(52) In Committee of the Whole.--Relations to Certain Motions in.
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. Volume VIII,
section 2325.
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.
The motion in the Committee of the Whole House to take up a bill out of
its order is not debatable. Volume VIII, section 2331.
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.
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.
The motion to lay a bill aside in Committee of the Whole is not
debatable. Volume IV, sections 4763, 4764.
In Committee of the Whole the motion that a bill be laid aside with a
favorable recommendation is not debatable. Volume IV, section 4774.
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.
DEBATE--Continued.
(52) Committee of the Whole.--Relations to Certain Motions in--
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, sections 2628, 2630.
Debate in the Committee of the Whole on he 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, section 2629.
Five minutes having been consumed in debate in favor of a motion to
strike out the enacting clause in Committee of the Whole and five
minutes against the motion, further debate was held to be precluded by
a demand for the regular order. Volume VIII, section 2627.
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.
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.
(53) In Committee of the Whole.--In General.
In the absence of a rule to the contrary, the practice governing debate
in the House is followed in the committee. Volume VIII, section 2553.
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.
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.
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.
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.
An instance wherein 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.
(54) Control and Distribution of Time for.
A proposition for control or division of time is not in order as part
of a motion to limit debate under the five-minute rule. Volume VIII,
section 2570.
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.
A Member recognized for general debate in the Committee of the Whole
has one hour, any portion of which he may yield to another, who in turn
may yield to a third with the consent of the original possessor. Volume
VIII, section 2553.
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.
A Member being recognized for debate may consume a portion of the time
allotted to him and reserve the remainder, but such reservation must be
made at the time the floor is yielded. Volume VIII, section 2450.
DEBATE--Continued.
(54) Control and Distribution of Time for--Continued.
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.
Division of the time for debate under the rule in accordance with the
attitude of Members on the pending motion and party lines are not
recognized. Volume VII, section 1010.
A division of time for debate between those ``for and against'' a
proposition does not necessarily provide for such division between the
majority and minority parties of the House but between those actually
favoring and opposing the measure. Volume VII, section 766.
The time of a debate having been divided and assigned to the control of
the two sides, it must be allotted to Members in accordance with the
rules, no Member being allowed more than one hour. Volume VIII, section
2462.
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 our hour. Volume VIII, section 2549.
A Member desiring time in general debate in opposition to a bill may
accept time from one favoring the measure or he may decline to accept
such time, and if the latter does not yield to another or consume the
time himself, may demand recognition in this own right. Volume VIII,
section 2471.
When resolution is brought directly before the House independently of a
committee the proponent's right to prior recognition for debate takes
precedence over the motion to refer. Volume VI, section 86.
The Member in charge of the bill is entitled at all stages to prior
recognition for allowable motions intended to expedite the bill. Volume
VI, section 300.
The Member in charge of a measure may not be deprived of the floor by a
Member proposing a preferential motion. Volume VIII, section 2454.
A member having control of time for debate can not exclude the
preferential motion to recede and concur, but may not be deprived of
the floor by such motion. Volume VIII, section 3197.
The Member in charge of a bill in the House does not lose the floor by
offering an amendment. Volume VIII, section 2469.
The Member in charge of the bill is entitled to prior recognition to
offer amendments. Volume VI, section 296.
A Member who has spoken once to the main question may speak again to an
amendment. Volume VIII, section 2449.
In the allotment of time for debate on a motion to suspend the rules
and pass a bill, a member of the committee reporting the bills prior to
right to recognition over one not a member of the committee. Volume
VIII, section 3415.
(55) Calendar Wednesday, District Monday, and Consent Day.
Debate on bills called up on Calendar Wednesday is limited to two hours
to be divided equally between those for the against the measure. Volume
VII, section 959.
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.
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 the half of the time. Volume VII, section 959.
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.
DEBATE--Continued.
(55) Calendar Wednesday, District Monday, and Consent Day--Continued.
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.
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.
On motion to dispense with proceedings in order on Wednesday, debate is
limited to 10 minutes, to be divided not to exceed 5 minutes fro the 5
minutes in opposition to the motion. Volume VII, section 917.
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.
Debate on District Monday is general debate and is not confined to the
bill under consideration. Volume VII, section 875.
Members of the committee on the District of Columbia have precedence in
recognition for debate on days claimed by the committee for the
consideration of District business. Volume VII, section 875.
On District of Columbia days debate in the Committee of the Whole is
not limited and, unless otherwise provided by the House or the
Committee, a Member securing the floor is recognized for one hour.
Volume VII, section 874.
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.
Objection to consideration of a bill on consent day comes too late
after debate has begun. Volume VII, section 998.
Where the proponent of a motion to suspend the rules is opposed to the
proposition, a member who favors it will be recognized to control the
20 minutes of debate on that side. Volume VIII, section 3416.
The objection by three Members when a bill is first called on Private
Calendar Saturday precludes debates thereon the bill is referred to the
deferred list forthwith. Volume VII, section 849.
The rule providing for consideration of the Private Calendar on
Saturdays divides the time for debate between the Member objecting and
the chairman of the committee reporting the bill and neither may yield
time to another. Volume VII, section 847.
(56) In ``House as in Committee of the Whole.''
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.
The only distinction between consideration in the House and
consideration in the House as in Committee of the Whole is that in the
latter, debate proceeds under the five-minute rule and there is not
general debate. Volume VI, section 639.
Consideration ``in the House as in Committee of the Whole'' comprises
reading for amendment and debate under the five-minute rule without
general debate. Volume VIII, section 2431.
When a bill is considered ``in the House as in Committee of the Whole''
it is read the first time by title only and immediately thereafter by
sections for amendment under the five-minute rule. Volume VIII, section
2433.
Union Calendar bills considered in the House as in the Committee of the
Whole are read for amendment under the five-minute rule by section and
not by paragraphs. Volume VIII, section 2434.
DEBATE--Continued.
(57) In Standing and Select Committees.
A committee may limit the time of debate in the committee. Volume IV,
section 4573.
(58) Presence of a Quorum Necessary During.
According to the earlier and later practice of the House, the presence
of a quorum is necessary during debate and other business. Volume IV,
sections 2935-2949.
The absence of a quorum being ascertained, debate is not in order.
Volume VI, section 659.
In the Senate the presence of a quorum was held to be necessary during
debate. Volume VI, section 643.
(59) At the Election of Speaker and Organization.
The motion that the House proceed to elect a Speaker is debatable
unless the previous question is ordered. Volume I, section 213.
After the election of a Speaker and before he has been conducted to the
chair no debate or business is in order. Volume I, section 219.
In 1860 the election of a Speaker proceeded slowly, the voting being
interspersed with debate, which the Clerk did not prevent. Volume I,
section 223.
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.
(60) On Certain Motions.--To Adjourn and Fix the Day.
The motions to adjourn, lay on the table, and for the previous question
are not debatable and have precedence in the order named. Volume V,
section 5301.
The motion to adjourn is not debatable in the House. Volume V, section
5359.
When privileged the motion to fix the day to which the House should
adjourn was not debatable. Volume V, section 5305.
Under the custom of the House, which differs somewhat from the general
parliamentary law, the motion to fix the day to which the House shall
adjourn is not debatable. Volume V, sections 5379, 5380. Volume VIII,
section 2648.
As to the extent of debate under the general parliamentary law on a
motion to fix the day to which the House shall adjourn. Volume V,
sections 5379, 5380.
The motion to postpone to a day certain does not admit debate on the
merits of the pending proposition. Volume VIII, section 2616.
The motion to postpone to a day certain is debatable within narrow
limits only and does not admit discussion of the merits of the pending
proposition. Volume VIII, section 2640.
(61) On Certain Motions.--To Lay on the Table.
The motion to lay on the table is not debatable. Volume V, section
5301. Volume VI, section 415. Volume VIII, sections 2465, 2649.
While the motion to lay on the table is not debatable, the chairman of
a committee reporting 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.
A motion to lay a proposition on the table is in order before the
member entitled to prior recognition for debate has begun his remarks.
Volume VI, section 86. Volume VIII, section 2649.
Pending a motion to lay on the table it is not in order to call for the
reading of a paper offered as argument. Volume V, section 5441.
A committee report that a resolution lie on the table does not preclude
debate until the Member in charge of the report makes the motion.
Volume V, section 5396.
Under the latest rulings a motion to lay a proposition on the table is
in order before the Member entitled to prior recognition for debate has
begun his remarks. Volume V, sections 5391-5395.
While members of the committee are entitled to priority of recognition
for debate, a motion to lay a proposition on the table is in order
before the Member entitled to prior recognition for debate has begun
his remarks. Volume VI, section 413.
DEBATE--Continued.
(61) On Certain Motions.--To Lay on the Table--Continued.
The motions to lay aside a bill in Committee of the Whole is not
debatable. Volume VIII, section 2366.
(62) On Certain Motions.--Refer, Commit, Recommit.
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. Volume VIII, section 2740.
A former rule of the House provided that a motion to refer should not
be debatable (footnote). Volume V, section 5564.
The motion to refer is debatable in narrow limits only and does not
admit discussion of the merits of the proposition sought to be
referred. Volume VI, section 549.
On a motion to recommit the latitude of debate is not large. Volume V,
section 5054.
The motion to recommit with instructions is debatable. Volume V,
section 5561.
The motion to recommit may not be made while another has the floor, and
a Member proposing a resolution is entitled to one hour for debate,
during which time the motion may not be offered without his consent.
Volume VIII, section 2742.
A special order providing that the previous question be considered as
ordered ``without interventing motion except one motion to recommit''
was held to preclude both amendment and debate on the motion to
recommit. Volume VII, section 776.
A unanimous-consent agreement to close debate and vote at a specific
time is in effect an order for the previous question, and the motion to
recommit is in order under Rule XVI. Volume VIII, section 2758.
The ordering of the previous question on a bill and all amendments to
final passage precludes debate on a motion to recommit but does not
exclude amendments to such motion. Volume VIII, section 2741.
The proponent of a proposition to refer impeachment charges to a
committee is entitled to one hour in debate exclusive of the time
required for the reading of the charges. Volume VI, section 549.
(63) On Certain Motions.--To Postpone.
The motion to postpone to a day certain is debatable within very narrow
limits only. Volume V, sections 5309, 5310.
On a motion to postpone to a day certain the merits of the bill may not
be debated. Volume V, sections 5311-5315.
Debate on the motions to postpone to a day certain is confined to the
advisability of postponement and does not extend to the merits of the
question under consideration. Volume VIII, sections 2372, 2615.
A motion to postpone indefinitely opens to debate all the merits of the
proposition. Volume V, section 5316.
(64) On Certain Motions.--To Strike Out the Enacting Clause.
On a motion to strike out the enacting clause a Member may debate the
merits of the bill, but must confine himself to its provisions. Volume
V, section 5336.
A bill being reported from the Committee of the Whole with
recommendation that the enacting words be stricken out, the motion to
concur is debatable in the House. Volume V, sections 5337-5340.
The motion to strike out the enacting clause is debatable and debate
thereon is under the five-minute rule and may be closed on motion at
any time after debate has begun. Volume VIII, section 2631.
The motion to strike out the enacting clause is in the nature of an
amendment and debate on the motion is under the five-minute rule and
may be closed at any time after debate has begun. Volume VIII section
2618.
DEBATE--Continued.
(64) On Certain Motions.--To Strike Out the Enacting Clause--Continued.
The motion to strike out the enacting clause has the status of a motion
to amend and is governed by the same rules of debate. Volume VIII,
section 2627.
A point of order against the motion to strike out the enacting clause
must be made before debate has begun. Volume VIII, section 3442.
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.
(65) On Certain Motions.--To Reconsider.
A motion to reconsider is debatable if the motion proposed to be
reconsidered was debatable and the previous question is not operating.
Volume VIII, sections 2437, 2792.
A motion to reconsider is not debatable if the motion proposed to be
reconsidered was not debatable. Volume V, sections 5694-5699.
As to whether or not it is in order to debate the motion to reconsider
a vote taken under the operation of the previous question. Volume V,
sections 5700, 5701.
The previous question is exhausted by the vote on the motion on which
it is ordered, and consequently a motion to reconsider the vote on the
main question is debatable. Volume V, section 5494.
A motion to reconsider the vote on the third reading of a bill may be
made and acted on after a motion for the previous question on the
passage has been made, but the motion to reconsider may not be debated.
Volume V, section 5656.
(66) On Certain Motions.--To Go Into Committee of the Whole.
A motion to go into Committee of the Whole is not debatable. Volume IV,
sections 3062, 3063. Volume VI, section 716.
The motion to resolve into Committee of the Whole to consider a
privileged bill is not amendable or debatable. Volume IV, sections
3078, 3079.
(67) On Certain Motions.--To Discharge a Committee.
A motion to discharge a committee from the consideration of a matter,
when in order, is not debatable. Volume IV, section 4695.
The motion to discharge a committee from the consideration of a
resolution of inquiry is not debatable. Volume III, section 1868.
Volume VI, section 415. Volume VIII, section 2651.
The motion to discharge a committee from the consideration of a
resolution of inquiry is not debatable, but the motion having been
agreed to, the resolution is before the House and subject to debate
under the hour rule. Volume VI, section 417.
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.
The motion to discharge a committee is not debatable, and the
proposition to lay on the table a motion to discharge a committee from
the consideration of a resolution of inquiry is in order and takes
precedence even though the proponent of that motion demands the floor.
Volume VI, section 415.
While the motion to discharge a committee is not debatable, the motion
to discharge a committee and pass a measure before them is subject to
debate if undivided. Volume VI, section 410.
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.
The proponents of a motion to discharge a committee are entitled to
open and close debate thereon. Volume VII, section 1010a.
DEBATE--Continued.
(67) On Certain Motions.--To Discharge a Committee--Continued.
On a motion to discharge a committee the merits of the main question
may not be debated. Volume IV, section 4696.
(68) On Certain Motions.--Those Relating to the Order of Business
Generally.
A motion relating to the order of business is not debatable. Volume IV,
sections 3062, 3063.
Questions relating to the priority of business are decided without
debate. Volume IV, section 3061.
Motions incidental to a call of the House are not debatable. Volume VI,
section 688.
(69) On Certain Motions.--To Suspend the Rules.
Forty minutes of debate are allowed on a motion to suspend the rules,
one-half for those favoring and one-half for those opposing. Volume V,
section 6821.
Debate on a motion to suspend the rules is limited to 20 minutes on
each side, and if adjournment is taken before the 40 minutes have been
consumed, the time remaining is available when the motion is again
considered. Volume VIII, section 3412.
Instance in which the 40 minutes of debate allowed on a motion to
suspend the rules were increased by unanimous consent. Volume VIII,
section 3414.
Where the time allowed for debate on a motion to suspend the rules was
extended by unanimous consent, the Speaker divided the additional time
on the ratio governing division of the original 40 minutes provided by
the rule. Volume VIII, section 3415.
On a motion to suspend the rules the forty minutes of debate are
allowed, although the proposition presented may not be debatable
otherwise. Volume V, section 6822.
Except as specially provided by rule, the motion to suspend the rules
is not debatable. Volume V, section 6820.
The motion to suspend the rules was not debatable before the rule was
made to allow the forty minutes of debate. Volume V, section 5405.
A motion to suspend the rules may not be debated until a second is
ordered. Volume V, section 6799.
On a motion to suspend the rules the Member demanding a second divides
with the mover the forty minutes of debate. Volume V, sections 6823,
6824.
On a motion to suspend the rules the right to demand a second is not
necessarily precluded by preliminary debate. Volume V, section 6800.
(70) On Certain Motions.--Appeals.
On an appeal from a decision of the Chair it is not in order to debate
the merits of the measure under consideration when the question of
order was raised. Volume V, section 5055.
It was formerly held that appeals on questions relating to priority of
business were not debatable. Volume V, section 6952.
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.
Debate on an appeal in the Committee of the Whole is under the five-
minute rule. Volume VII, section 1608. Volume VIII, sections 2375,
2556a, 3454.
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.
Debate on an appeal in the Committee of the Whole is under the 5-minute
rule subject to the will of the Committee. Volume VIII, sections 3453,
3455.
DEBATE--Continued.
(71) On Certain Motions.--In General.
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.
Motions to change the reference of public bills are not debatable.
Volume VII, sections 2126-2128.
Motions to change the reference of public bills are not open to debate
or subject to amendment. Volume IV, section 4378.
The Speaker has declined to entertain debate or appeal on a question as
to dilatoriness of a motion. Volume V, section 5731.
Amendments to the title of a bill are in order after its passage and
were formerly debatable, even though the bill had passed, under the
operation of the previous question, but a later rule prohibits such
debate. Volume V, section 5753.
While the names of absentees are being called for excuses on call of
the House, neither a motion to excuse nor an incidental appeal is
debatable. Volume IV, section 2999.
A motion to instruct the managers of a conference is debatable. Volume
VIII, section 2675.
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.
Debate on a motion to expunge from the record is confined to the motion
proper. Volume VIII, section 2539.
Motions for the election of Members to committees are debatable and are
subject to amendment. Volume VIII, section 2172.
The motion to strike from the Record is not debatable. Volume VI,
section 617.
A decision holding that a motion relating to a question of the Senate
sitting as a court of impeachment is not debatable. Volume VI, section
515.
A motion for a call of the House is not debatable. Volume VI, section
683.
A resolution authorizing the Sergeant at Arms to arrest absentees is
not debatable. Volume VI, section 686.
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, section 2333.
A resolution providing for a sine die adjournment is not debatable.
Volume VIII, section 3372.
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.
Debate may continue, the previous question not having been ordered,
until the Speaker has put the negative side of the question. Volume
VIII, section 3065.
After the Chair has put the affirmative, debate is still in order
before the negative is put unless the previous question has been
ordered. Volume VIII, section 3066.
(72) Relation to Certain Privileged Motions.
When a question is under debate certain motions only are received and
their precedence is governed by rule. Volume V, section 5301.
An opinion that the rule relating to motions in order, when a question
is under debate, does not apply to a condition when there is no
question under debate. Volume V, section 5379.
The rules of the House give the motion to adjourn the place of highest
privilege when a question is under debate. Volume V, section 5359.
No question being under debate, a motion to fix the day to which the
House should adjourn, already made, was held not to give way to a
motion to adjourn. Volume V, section 5381.
A Member may not make a motion to adjourn while another Member is in
possession of the floor. Volume V, sections 5369, 5370.
DEBATE--Continued.
(27) Relation to Certain Privileged Motions.--Continued.
While a motion to adjourn takes precedence of other motions, yet it may
not be put while the House is voting on another motion or while a
Member has the floor in debate. Volume V, section 5360.
A motion to adjourn may be repeated after debate, although no question
may have been put or decided in the meantime. Volume V, section 5374.
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.
A Member may not by offering a motion of higher privilege than the
pending motion deprive the Member of the committee in charge of the
bill of the floor. Volume VI, section 297.
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.
(73) Relation to Question of Consideration.
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.
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. Volume VI, section 404.
The question of consideration may not be demanded as to a proposition
after debate has begun. Volume V, sections 4937-4939. Volume VIII,
section 3440.
(74) Relation of, to Points of Order.
Under the practice of the house a point of order may not be made as to
a proposition after debate has begun on it. Volume V, sections 6891-
6900.
Although a point of order may not be made after debate has begun, yet
the Chair does not permit a few sentences of debate to preclude a point
of order made by a Member who has shown due diligence. Volume V,
section 6906.
To preclude a point of order debate should be on the merits of the
proposition. Volume V, section 6901.
When a point of order is reserved the pending proposition may be
debated on its merits unless some Member demands of the question of
order. Volume V, section 6868.
Where discussion on the merits proceeds while a point of order is
reserved, it precludes the making of a second point of order after a
decision as to the first. Volume V, section 6876.
Debate on a point of order is for the information of the Chair, and
therefore within his discretion. Volume V, sections 6919, 6920.
Debate on a point of order is at the discretion of the Chair and
members may speak as often as recognized. Volume VIII, sections 3446,
3448.
A Member having the floor for debate may be interrupted for the
presentation of a proper point of order. Volume VIII, section 2466.
An amendment against which a question of order has been raised may not
be debated until the point of order has been disposed of. Volume VIII,
section 2556.
A point of order as to a conference report should be made before debate
begins. Volume VIII, section 3286.
A point of order when reserved is not subject to debate. Volume VIII,
section 3429.
A point of order being reserved, the pending question may be debated on
its merits if no Member demands the regular order. Volume VIII, section
3428.
Debate under reservation of a point of order is by unanimous consent
and may be terminated at any time by a demand for the regular order.
Volume VIII, section 3430.
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.
DEBATE--Continued.
(75) Conference Reports in Order During.
A conference report may be presented for consideration while a Member
is occupying the floor in 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.
A report when presented is not debatable unless privileged for
immediate consideration. Volume VIII, section 2312.
(76) Messages Received During.
Messages between the House are received during debate, but are to be
sent only when both Houses are sitting. Volume V, section 6601.
(77) Participation by Persons Not Members.--Officers.
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.
The Clerk being arraigned to answer charges, leave was given him to
address the House. Volume I, section 287.
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.
A candidate for the office of Secretary of the Senate was allowed to
address the Senate in explanation of certain charges. Volume I, section
296.
(78) Participation by Persons Not Members.--Delegates, Etc.
Each Territory sends to the House a Delegate having the right of
debating but not of voting. Volume II, section 1290.
In 1794 the House admitted a Delegate on the theory that it might admit
to the floor for debate merely anybody whom it might choose. Volume I,
section 400.
The House declined to allow a Delegate to introduce an interpreter on
the floor. Volume II, section 1296.
The Resident Commissioner of Porto Rico has on the floor the status of
a Delegate, with the privilege of debating but not of voting. Volume
II, section 1306.
Determination by a committee that a Delegate as a Member of the
committee has the right to debate but not to vote. Volume VI, section
243.
By general acquiescence the Resident Commissioners of the Philippine
Islands have been permitted the privilege of debating. Volume VI,
section 246.
The privileges of the floor with the right to debate were extended to
Resident Commissioners in the Sixtieth Congress. Volume VI, section
244.
(79) Participation by Persons Not Members.--Counsel in Election Cases.
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.
(80) Participation by Persons Not Members.--In General.
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.
At a special session of the House, Charles Stuart Parnell was
introduced by the Speaker and addressed the House. Volume V, section
7084.
Judge Peck, threatened with impeachment, was permitted to make to the
House a written or oral argument. Volume III, section 2366.
DEBATE--Continued.
(81) During the Electoral Count.
In the joint meeting for the count of the electoral vote no debate is
allowed and no question is put by the Presiding Officer except to
either House on a motion to withdraw. Volume III, section 1921.
When the two Houses separate to pass on a question arising during the
electoral count, there may be two hours of debate, each Member or
Senator being confined to five minutes. Volume III, section 1922.
The electoral law of 1877 providing for putting ``the main question
without debate,'' the Speaker held that this admitted any motions
pertaining to the main question. Volume III, section 1955.
(82) During Impeachment Trials.--Required to be in Secret Session.
The orders and decisions of the Senate in impeachment cases are without
debate, unless in secret session. Volume III, section 2094.
The rule of the Pickering trial required all decisions to be in open
court, by yeas and nays, and without debate. Volume III, section 2331.
Rigid enforcement of the rule that decisions of the Senate sitting for
an impeachment trial shall be without debate. Volume III, section 2088.
Rule XXIII prohibiting debate in open Senate sitting for an impeachment
trial was held by the Chief Justice not to apply to a question arising
during organization. Volume III, sections 2100-2102.
The Senate in the Belknap trial declined to renounce the practice of
deliberating in secret session. Volume VIII, section 2466.
In the Swayne trial Senators were permitted a freedom of debate greater
than usual. Volume III, section 2154.
The Senate finally decided in the Swayne trial that under the rule
debate on the admissibility of evidence might not take place in open
Senate. Volume III, section 196.
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.
The Senate deliberated in secret session on the application of
President Johnson for time to prepare his answer. Volume III, section
2425.
The proceedings of secret sessions of the Senate in the Johnson trial
appear in the Journal, but the debates were not recorded. Volume III,
section 2425.
The proceedings in the Senate consultation chamber during the Johnson
trial appear in the Journal and Globe, but the debates are not given
(footnote). Volume III, section 2430.
The Senate retired to consider President Johnson's application for time
to prepare for trial. Volume III, section 2430.
The Senate considered in secret session the protest of respondent in
the Belknap impeachment. Volume III, section 2461.
In the Belknap trial the Senate declined to permit the debates in
secret session to be recorded. Volume III, section 2459.
Debate in secret session of the Senate sitting on impeachment trials is
limited by rule. Volume III, section 2094.
On the decision of the final question in an impeachment case debate in
secret session of the Senate is limited to fifteen minutes to each
Senator. Volume III, section 2094.
The Senate proceeded to judgment in the Peck case without prior
deliberation in secret session. Volume III, section 2383.
The Senate declined to make public its debates in secret session on the
final judgment in the Johnson trial. Volume III, section 2436.
Deliberation having been had in secret session, the Senate voted on the
articles of impeachment in the Johnson case without debate. Volume III,
section 2437.
While the deliberations on the final question in the Johnson trial were
secret, the Senators were permitted to file written options. Volume
III, section 2437.
DEBATE--Continued.
(83) During Impeachment Trials.--General Requirements as to.
In the Senate, sitting for an impeachment trial, no debate is in order
pending a question of adjournment. Volume III, section 2073.
The Chief Justice ruled in the Johnson trial that debate must be
confined to the pending question. Volume III, sections 2100-2102.
During an impeachment trial an order proposed by a Senator is debatable
by managers and counsel, but not by Senators. Volume III, section 2148.
While managers or counsel may argue in objection to a question put a
witness by a Senator in an impeachment trial, the Senate may not reply.
Volume III, section 2188.
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.
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.
A Member proposing impeachment is required to present definite charges
before proceeding in debate. Volume VI, section 536.
The voting on the articles in the Archibald impeachment was without
debate but each Senator was permitted to file an opinion to be
published in the printed proceedings. Volume VI, section 511.
(84) During Impeachment Trials.--Decorum of Managers and Council.
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.
Instance of action by the Senate as to improper language used by
counsel for respondent in an impeachment trial. Volume III, sections
2140, 2151.
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.
(85) During Impeachment Trials.--Arguments on Incidental Questions.
Argument on incidental questions arising durign the trial of an
impeachment is properly confined to an opening, a reply, and a
conclusion. Volume VI, section 474.
Questions of order raised in the course of an impeachment trial are
decided without debate. Volume VI, section 522.
Questions as to admissibility of evidence in impeachment trials are not
debatable. Volume VI, section 490.
Questions relating to impeachment while of high privilege must be
submitted in the form of a resolution to entitle the proponent to
recognition for debate. Volume VI, section 470.
Articles of impeachment havign been presented, debate is in order only
on debatable motions related thereto. Volume VI, section 549.
In an impeachment trial all prelimianry or interlocutory questions and
all motions are argued not over an hour on a side. Volume III, sections
2091-2093.
The rule limiting the time of arguments on interlocutory quetions in
impeachment trials does not limit the number of persons speaking.
Volume III, sections 2091-2903.
The Senate declined to sanction unlimited argument on interlocutory
questions in impeachment trials. Volume III, sections 2091-2093.
The Senate, by order, may extend the time for the argument of motions
and interlocutory questions in impeachment trials. Volume III, sections
2091-2093.
Instance wherein the Senate, sitting for an impeachment trial, fixed
the number of managers and counsel to argue on an incidental question.
Volume III, sections 2136-2139.
DEBATE--continued.
(85) During Impeachment Trials.--Arguments on Incidental Questions--
continued.
In arguing interlocutory questions in impeachment trials the opening
and closing belong to the side making the motion or objection. 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.
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.
Discussion of the technical forms of pleading in an impeachment trial
as related to right of opening and closign arguments on an incidental
question. Volume III, sections 2136-2139.
The claim of the managers to the closing of all arguments arising in
course of an impeachment trial has been denied after examination of
American and English procedents. Volume III, sections 2136-2139.
Each Senator was permitted to file a written opinion on the question of
jurisdiction in the Belknap trial. Volume III, section 2459.
(86) During Impeachment Trials.--Opening and Final Arguments.
In an impeachment trial the case is opened by one person on each side.
Volume III, section 2132.
The final argument on the merits in an impeachment trial is opened and
closed by the House of Representatives. Volume III, section 2132.
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.
Those making the final arguments of the Chase trial were limited
neither as to time nor numbers. Volume III, section 2355.
In the final argument in the Johnson trial the conclusion was required
to be by one manager. Volume III, section 2135.
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.
The voting on the articles in the Belknap impeachment was without
debate, but each Senator was permitted to file an opinon. Volume III,
section 2466.
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.
In the Chase impeachment, by agreement, the managers had the opening
and close of the final arguments. Volume III, section 2355.
On the final arguments in the Peck trial the managers had the opening
and closing. Volume III, section 2378.
(87) In Senate.
Discussion of the rule for limiting debate in the Senate. Volume VIII,
section 2671.
Instances wherein Members of the Senate have taken advantage of the
privilege of unlimited debate. Volume VIII, section 2666.
Instances wherein Senators signed a ``round robin'' announcing they
would have voted to close debate had the rules of the Senate permitted.
Volume VIII, section 2663.
A Senator having referred without innuendo to debate in the House and a
point of order being made that it was not permissible to refer to
proceedings in the other branch of the Congress it was held that
respectful reference to such proceeding was within the discretion of
Senators. Volume VIII, section 2517.
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 message received from the House protesting against unparliamentary
references to one of its Members in Senate debate was not acted upon by
the Senate, but the language objected to was subsequently stricken from
the Record. Volume VIII, section 2516.
DEBRIS.
The subject of mining debris in California has been within the
jurisdiction of the Committee on Mines and Mining. Volume IV, section
4230.
DEBT.
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. Volume VII, section 1723.
The term ``raising revenue,'' while broadly construed to cover bills
relating to the revenue, does not apply to bills remotely affecting the
revenue, as bills extending time of payment of foreign debts. Volume
VIII, section 2278.
An appropriation for interest and sinking fund on the funded debt of
the District of Columbia to be paid jointly from the Federal Treasury
and District revenues is authorized by law. Volume VII, section 1183.
DECEASE. ``See Death.''
DECISIONS.
(1) On questions of order.--General principles.
(2) On questions of order.--Functions of the Speaker.
(3) In impeachment trials.--In general.
(4) In impeachment trials.--Rulings of Presiding Officer.
(1) On Questions of Order.--General Principles.
A question of order arising out of any other question must be decided
before that question. Volume V, section 6864.
A point of order relating to a proposition against which the question
of consideration had been demanded was held in abeyance until the House
had decided the question of consideration. Volume VIII, section 2439.
After the motion is made for the previous question all incidental
questions of order, whether on appeal or otherwise, are decided without
debate. Volume V, sections 5448, 5449.
A decision of the Chair on a question of order is such intervening
business as permits the repetition of a motion to adjourn. Volume V,
section 5378.
Mr. Speaker Henderson on the advantage of following precedents. Volume
IV, section 4045.
Discussion as to the influence of precedent upon the rulings of the
Chair. Volume VII, section 1363.
When precedents conflict, the Chair is constrained to give greatest
weight to the latest decisions. Volume VI, section 248.
The Speaker held that a protest by Members should be read before any
decision as to whether or not it might be offered as a question of
privilege. Volume III, section 2597.
Discussion as to time at which the point of order may be made. Volume
VII, section 2149.
A point of order having been reserved and withdrawn, the chairman
maintained the right as a member of the committee to renew and rule
upon it. Volume VIII, section 2898.
An appeal from the decision of the Chair is in order during a call of
the House. Volume VI, section 681.
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.
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.
An instance wherein the Chair after announcing a decision subsequently
reversed the opinion. Volume VIII, section 3435.
It is permissible in discussing questions of order to refer to
parliamentary decisions of the Senate. Volume VIII, section 2518.
DECISIONS--Continued.
(1) On Questions of Order.--General Principles--Continued.
While the Chair in passing upon a point of order may not speculate as
to the effect of legislation, he is authorized to take judicial
cognizance of statutory law. Volume VII, section 1535.
In passing upon a point of order it is not within the province of the
Chair to consider contingencies which might subsequently affect the
question presented. Volume VII, section 1409.
(2) On Questions of Order.--Functions of the Speaker.
The Speaker decides questions of order. Volume V, section 6863.
It is not the duty of the Speaker to decide any question which is not
directly presented in the course of the proceedings of the House.
Volume II, section 1314.
It is not the duty of the Speaker to decide a hypothetical question.
Volume VI, section 253.
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.
The question of inconsistency of pending legislation with existing law
is not passed upon by the Chair. Volume VII, section 2112.
The effect or purport of a proposition is not a question to be passed
on by the Chair. Volume VI, section 254.
It is for the House and not for the Speaker to decide on the
legislative effect of a proposition. Volume VII, section 2112.
The question as to whether a proposed amendment embodies a proposition
already voted on is one to be passed upon by the House and not by the
Speaker. Volume VI, section 255.
A question as to the inconsistency of a proposed amendment with action
previously taken by the committee, is a proposition to be passed upon
by the committee and not by the Chair. Volume VI, section 257.
The Speaker sits while rendering decisions on points of order or when
participating in debate thereon (footnote). Volume II, section 1367.
The decisions of the Speaker on questions of order are not like
judgments of courts, which conclude the rights of parties, but may be
reexamined and reversed. Volume IV, section 4637.
Pending the election of a Speaker or a Speaker pro tempore the Clerk
preserves order and decorum and decides questions of order, subject 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.
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.
Instances wherein the Speaker submitted the decision of questions of
order to the House. Volume V, sections 5323, 5403, 5855. Volume VI,
section 565. Volume VIII, section 3405.
Instances in which Speakers have reserved rulings on points of order.
Volume VI, section 432. Volume VII, section 2106. Volume VIII, sections
2174, 2396, 3475.
Instance wherein the Speaker reversed as erroneous a decision made in a
previous session. Volume VIII, section 2794.
An appeal may not be taken from a response of the Speaker to a
parliamentary inquiry. Volume VIII, section 2457.
The Speaker declined to entertain an appeal from his decision refusing
recapitulation of a vote. Volume VIII, section 3128.
An instance in which the Speaker announced to the House that after
further consideration he did not desire a recent decision to be
considered as a precedent. Volume VIII, section 2424.
DECISIONS--Continued.
(2) On Questions of Order.--Functions of the Speaker--Continued.
When the vote on an appeal has resulted in a tie the Chair has
sometimes given a casting vote in favor of his own decision. Volume V,
section 6956.
When, on an appeal from the decision of the Chair, the vote would be a
tie after the Chair should have voted to sustain his own decision, an
interesting question would be presented. Volume V, section 6957.
(3) In Impeachment Trials.--In General.
The orders and decisions of the Senate in impeachment cases are without
debate. Volume III, section 2094. Volume VI, section 522.
Rigid enforcement of the rule that decisions of the Senate, sitting for
an impeachment trial, shall be without debate. Volume III, section
2088.
A decision holding that a motion relating to a question of the Senate
sitting as a court of impeachment is not debatable. Volume VI, section
515.
In impeachment trials all orders and decisions of the Senate, with
specified exceptions, are by the yeas and nays. Volume III, section
2094. Volume VI, section 475.
Questions as to admissibility of evidence in a trial of impeachment are
by long-established custom, submitted by the Presiding Officer to the
Senate for decision. Volume VI, section 491.
Form of judgment pronounced by the Vice-President in the Blount
impeachment. Volume III, section 2318.
The Senate notified the House that it had made a decision in the Blount
case and set a time for receiving the managers and rendering judgment.
Volume III, section 2318.
The House did not attend its managers during the Blount impeachment,
even at the judgment. Volume III, section 2318.
The Senate delivered to the managers for transmission to the House an
attested copy of its judgment in the Blount case. Volume III, section
2318.
The decision of the court on the articles in the Humphrey case was
guilty as to a portion of the articles. Volume III, section 2396.
(4) In Impeachment Trials.--Rulings of Presiding Officer.
The Presiding Officer on an impeachment trial may make preliminary
rulings on questions of evidence and incidental questions or may submit
such questions 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.
Discussion of the propriety of the Presiding Officer on an impeachment
making a preliminary decision on questions of evidence. Volume III,
section 2084.
Discussions of the function of the Chief Justice in decisions as to
evidence in an impeachment trial. Volume III, section 2084.
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. Volume VI, section 519.
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.
Instance of an appeal from a ruling of the President pro tempore in the
Senate sitting for an impeachment trial. Volume III, section 2179.
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.
DECLARATIONS.
(1) By the House as to its prerogatives.
(2) By the House on questions of public policy.
DECLARATIONS--Continued.
(3) Of war.
(4) In enacting words of a bill.
(5) Of the state of the electoral vote.
(6) Of the voter as to his vote.
(7) In presenting impeachments.
(8) Evidence of, by respondent in an impeachment.
(1) By the House as to Its Prerogatives.
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.
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 1880 the House declared that the negotiation of a treaty affecting
the revenues was an invasion of its prerogatives. Volume II, section
1524.
The House has at times advised the Executive in regard to treaties
affecting the revenue. Volume II, sections 1520-1522.
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.
(2) By the House on Questions of Public Policy.
The House has by resolution extended its sympathy to foreign peoples
desirous of greater liberty. Volume II, sections 1553-1555.
In 1825 the House after long discussion declined to make a declaration
of policy or give express approval of a diplomatic service instituted
by the President. Volume II, sections 1546, 1547.
In 1811 the House originated and the Senate agreed to a resolution
declaring the attitude of the United States on a question of foreign
policy. Volume II, section 1538.
Instance wherein a committee of the House reported a resolution
declaring the attitude of the United States on a question of foreign
policy. Volume VI, section 328.
(3) Of War.
Forms and conditions of bills making declarations of war. Volume IV,
section 3368. Volume VII, section 1038.
Resolutions of intervention abroad and declarations of war are within
the jurisdiction of the Committee on Foreign Affairs. Volume IV,
section 4164. Volume VII, section 1880.
(4) In Enacting Words of a Bill.
An instance wherein the enacting words of a bill were declaratory as
well as legislative in form. Volume II, section 1506.
(5) Of the State of the Electoral Vote.
The two Houses by concurrent resolution provide for the meeting to
count the electoral vote, for the appointment of tellers, and for the
declaration of the state of the vote. Volume III, section 1961.
At the conclusion of the electoral count the President of the Senate
merely announces the state of the vote. Volume III, section 1918.
At the electoral count of 1885 the President pro tempore, in announcing
the result, disclaimed an authority in law to declare any legal
conclusion whatever. Volume III, section 1958.
At the electoral count of 1873 the Vice-President, in accordance with
the previous practice, not only announced the state of the vote but
declared those elected. Volume III, section 1952.
DECLARATIONS--Continued.
(6) Of the Voter as to his Vote.
Discussion of the English and American rules of evidence as applied to
the declaration of the voter. Volume II, section 885.
Discussion of the value as evidence of a party's declaration as to his
vote, whether a part of the res gestae or not. Volume II, section 885.
Discussion as to whether or not the voters are parties to an election
case in the sense that their declarations are admissible to prove their
votes. Volume II, section 988.
Declarations of the voter as to his vote must be clear and satisfactory
and clearly proven. Volume II, section 885.
Discussion of the value in proving bribery of testimony as to
statements of voters after they have voted. Volume II, section 1086.
Testimony as to statement of a voter a considerable time after the act
of voting was not admitted to prove how he voted. Volume II, section
861.
Evidence of declarations of voters after the election as to how they
voted was rejected as hearsay. Volume II, section 988.
Where the ballot was secret, testimony of an acquaintance as to voter's
declaration before election was accepted as proof aliunde. Volume II,
section 1131.
Evidence of declarations of voters when they took their tickets and
went to the box availed to discredit returns of election officers of
doubtful honesty. Volume II, section 1030.
Discussion of a signed statement of an elector whose vote has been
refused in relation to the doctrine of res gestae. Volume II, section
1126.
An affidavit of a voter as to how he intended to vote, made at the time
the vote was rejected, was accepted as a valid declaration and part of
the res gestae. Volume II, section 900.
Instance wherein evidence of declarations of voters and their
affidavits as to their votes were not accepted as showing the state of
the poll. Volume II, section 1065.
Evidence of hearsay declarations of the voter is receivable only when
the fact that he voted is shown by evidence aliunde. Volume II, section
885.
The State law preventing voters from testifying as to the ballots case
by them, the Elections Committee did not admit declarations as next
best evidence. Volume I, section 784.
As to the admission of the declaration of voters challenged as to their
qualifications. Volume I, section 842.
The vote thrown by an alleged disqualified voter may be proven by his
own testimony or that of friends who heard his declarations. Volume I,
section 836.
Hearsay evidence as to declarations of voters that they had been bribed
is unsatisfactory and dangerous evidence. Volume I, section 738.
Hearsay evidence as to declarations of voter as to how he had voted or
would vote was held incompetent. Volume I, section 738.
As to hearsay evidence of persons participating in a fraudulent
registration. Volume II, section 1123.
(7) In Presenting Impeachments.
Form of declaration by House committee in presenting the impeachment of
Judge Pickering in 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.
Form of declaration by the chairman of the House committee in
presenting the impeachment of President Johnson in the Senate. Volume
III, section 2413.
Form of declaration of the chairman of the managers of their readiness
to present to the Senate the articles impeaching President Johnson.
Volume III, section 2420.
(8) Evidence of, by Respondent in an Impeachment.
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.
DECLARATIONS--Continued.
(8) Evidence of, by Respondent in an Impeachment--Continued.
In the Johnson trial the Senate ruled out evidence as to respondent's
declarations of intent made after the act. Volume III, section 2244.
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.
In the Johnson trial declarations of respondent, made anterior to the
act, and even concomitant with it, were held inadmissible as evidence.
Volume III, section 2238.
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.
The Senate, in the Johnson trial, declined to exclude evidence as to
fact on the ground that it might lead to evidence as to declaration.
Volume III, section 2238.
Evidence of declarations of respondent after the fact was excluded in
the Johnson trial, although related to an act admitted in proof to show
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.
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.
Declarations of the respondent made during the act were admitted to
rebut evidence of other declarations, made also during the act, but on
a different day. Volume III, section 2241.
It was decided in the Chase trial that declarations of the respondent
after the act might not be admitted to show the intent. Volume III,
section 2243.
Evidence as to statements of Judge Swayne, to prove intention as to
residence, and made before impeachment proceedings were suggested, was
the subject of adverse rulings during the trial. Volume III, section
2239.
DECLINATION.
As to what acts constitute a declination of the office of Member of the
House. Volume I, section 500.
The House declines to seat a candidate receiving less than a plurality
of the votes cast in the district. Volume VI, section 59.
Instance wherein the House declined to seat a contestant belonging to
the majority party in the House. Volume VI, section 162.
An instance wherein the Senate declined to permit the oath to be
administered to a Senator-elect pending the examination of his
qualifications. Volume VI, section 180.
Instance wherein a person declined to take a seat assigned him after a
contest as to final right. Volume I, section 650. Volume II, section
1234.
Instance wherein a Senator-elect notified the Senate that he had
formally declined to accept an appointment to be a Senator. Volume II,
section 1235.
The withdrawal of Members caused by the secession of States. Volume II,
section 1218.
Although apparently satisfied as to prima facie right, the House did
not seat an indifferent claimant who had also filed credentials as a
Senator-elect. Volume I, section 623.
The question as to the pay of a Member, elected 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.
A Member may decline to serve on a committee only with permission of
the House. Volume IV, sections 4490-4493. Volume VIII, section 2197.
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.
Instance wherein a Member declined to obey a summons to appear and
testify before a committee of the House. Volume VI, section 537.
DECORATIONS.
The award of decorations, medals and other military insignia, and
penalties for the unlawful wearing thereof are subjects within the
jurisdiction of the Committee on Military Affairs. Volume VII, section
1900.
Bills authorizing the receipt by naval personnel of decorations,
orders, medals, and other insignia and the acceptance of offices with
compensation and emoluments from foreign Governments have been reported
by the Committee on Naval Affairs. Volume VII, section 1909.
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.
DECORUM.
(1) Of Members.--The rule, etc.
(2) Of Members.--House may punish for breaches of.
(3) Of Members.--Instances of censure for breaches of.
(4) Of Members.--In debate in House.
(5) Of Members.--Disorder in Committee of the Whole.
(6) During an impeachment trial.
(1) Of Members.--The Rule, etc.
By rule the Member is restricted as to his movements during business or
debate, and as to wearing his hat and smoking. Volume II, section 1136.
Volume VI, section 190.
Form and history of Rule XIV, section 7, relating to decorum of
Members. Volume II, section 1136.
Members may not remain near the Clerk's desk during a vote. Volume VI,
section 190.
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.
Prior to the adoption of rules by the House, those rules which embody
practices of long established custom will be enforced as if already in
effect. Volume VI, section 191.
The Sergeant at Arms and Doorkeeper are charged with the enforcement of
certain rules relating to decorum. Volume VI, section 190.
The principles of decorum and courtesy governing the relations of the
two Houses should extend to the relations of the House with the
President. Volume VIII, section 2497.
Criticism of the manner in which the President discharged the duties of
his office was decided by the House not to violate the rules of decorum
in debate. Volume VIII, section 2499.
There is no adjournment until the Speaker pronounces it, and no Member
should leave his place until the Speaker has passed on. Volume V,
section 5360.
A description of the decorum of House and Senate in early days
(footnote). Volume II, section 1344.
An early comparison of the decorum of the House of Representatives with
that of the House of Commons. Volume V, section 5445.
(2) Of Members.--House May Punish for Breaches of.
The Constitution provides that the House may punish its Members for the
disorderly behavior, and expel a Member by a two-thirds vote. Volume
II, section 1236.
The Speaker may name any Member persisting in disorderly conduct.
Volume II, section 1344.
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.
DECORUM--Continued.
(2) Of Members.--House May Punish for Beaches of--Continued.
From Members between whom warm words or an assault has passed on the
floor the House has exacted apologies. Volume II, sections 1646, 1647.
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.
When Members apologize for disorderly proceedings which the House has
allowed to pass without taking action, the apology has not usually been
entered on the Journal. Volume II, sections 1658-1662.
In early and infrequent instances of misunderstandings and disorder in
the Senate no action was taken beyond investigation. Volume II,
sections 1663, 1664.
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.
(3) Of Members.--Instances of Censure of Breaches of.
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.
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.
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 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.
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.
A Member having been allowed by general consent to proceed in debate
after he had been called to order, it was held that a vote of the House
on the question might not be demanded. Volume V, section 5194.
(4) Of Members.--In Debate in House.
A Member desiring to interrupt another in debate should address the
Chair for permission of the Member speaking. Volume V, section 5006.
In debate a Member should not address another in the second person.
Volume V, sections 5140-5143.
In it not in order in debate to call a Member by name and comment on
his action in a preceding Congress. Volume V, section 5146.
Questions involving the distinction between general language and
personalities in debate. Volume V, section 5153.
In the early practice of the House the Speaker intervened to prevent in
debate even the mildest imputation on the motives of a Member. Volume
V, sections 5161, 5162.
For reflections on the Chair as well as on Members of the House, Mr.
Speaker Jones called a Member to order. Volume V, section 5192.
While in debate the assertion of one Member may be declared untrue by
another, yet in so doing an accusation of intentional misrepresentation
must not be implied. Volume V, sections 5157-5160.
DECORUM--Continued.
(4) Of Members.--In Debate in House--Continued.
A declaration by a Member in debate that another Member has knowingly
stated that which is false, is unparliamentary and censurable. Volume
II, section 1305.
It is not in order in debate to cast reflections on either the House or
its membership or its decisions, whether present or past. Volume V,
sections 5132-5138.
Words spoken in debate impeaching the loyalty of a portion of the
membership of the House were ruled out of order. Volume V, section
5139.
It is not in order in debate for one Member to accuse another of an
offense not connected with the representative of the latter. Volume V,
section 5153.
The explanation of a Member being referred to by another Member in
debate ``as worthy of a Nero or a Jeffreys,'' the Speaker intervened
and the language was withdrawn. Volume V, section 5154.
Where charges of bribery had been made against a Senator, a question
propounded to him by another Senator on the subject was held to be in
order. Volume V, section 5155.
The law of Parliament, evidently inapplicable to the House of
Representatives, forbids the member from speaking ``irreverently or
seditiously against the King.'' Volume V, section 5086.
Mr. Speaker Colfax held that a Member, in debating a proposition to
impeach the President, should abstain from language personally
offensive. Volume V, section 5094.
A Member whose remarks have been decided out of order as irrelevant may
not proceed, under the rule, except with the permission of the House
expressly granted. Volume V, sections 5200, 5201.
(5) Of Members.--Disorder in Committee of the Whole.
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.
Unparliamentary words spoken in Committee of the Whole are taken down
and read, whereupon the committee rises and reports them to the House.
Volume II, sections 1257, 1258.
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 Members. Volume
II, sections 1650-1667.
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.
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.
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.
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 1050.
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.
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.
DECORUM--Continued.
(5) Of Members.--Disorder in Committee of the Whole--Continued.
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.
An apology of Members for an assault committed in Committee of the
Whole was not placed in the Journal. Volume II, section 1652.
(6) During an Impeachment Trial.
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.
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.
An order affecting the conduct of a manager being presented during an
impeachment trial, he was permitted to explain. Volume III, section
2207.
DE FACTO DISTRICT.
An election district being established illegally, but all parties
participating in the election in good faith, is considered as having a
de facto existence. Volume II, section 893.
DE FACTO ELECTION.
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.
DE FACTO OFFICER.
Discussion of the status of a governor de facto as distinguished from
an usurper. Volume I, section 350.
Discussion of the powers of a military governor and his status as a de
facto executive. Volume I, section 379.
In making up the roll the Clerk disregarded entirely credentials issued
by a person claiming to the governor but who never exercised the
functions of that office. Volume I, section 60.
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.
Credentials regular in form and issued in accordance with law were
honored by the House, although it appearded that the governor issuing
them might be merely a de facto officer. Volume I, section 623.
The House seated a person elected according to the essential
requirements of law, except that the time of the election was fixed by
proclamation of a military governor. Volume I, section 379.
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 seat the bearer of credentials signed by a
person exercising the authority of governor, it being objected that the
signer was an usurper and that there was no election by a valid
legislature. Volume I, section 352.
DEFAULT.
Rules adopted by the Senate for reading the return, calling the
respondent, and entering appearance or default in the first
impeachment. Volume III, section 2307.
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 House being informed that William Blount had failed to appear and
answer the articles, instructed the managers to ask of the Senate time
to prepare proceedings. Volume III, section 2308.
DEFAULT--Continued.
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.
DEFENSE.
The statutes provide for the defense of any person against whom an
action is brought for acts done while an officer of either House in the
discharge of his duty. Volume I, section 283.
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.
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, section
4179.
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.
DEFERRED LIST.
If three Members object the bill is entered on the deferred list from
which bills have first call in their order for consideration under the
5 minutes rule on the last Saturday of each month. Volume VII, sections
846, 849.
Bills reported back adversely by the committee when called up from the
deferred list are automatically recommitted and may not be again
reported during the same Congress. Volume VII, section 846.
DEFICIENCIES.
(1) Jurisdiction of.
(2) Payment of claims.
(1) Jurisdiction of.
A deficiency appropriation bill is a general appropriation bill. Volume
VII, section 1123.
Decision as to what constitutes a deficiency appropriation. Volume VII,
sections 1118, 1121.
Appropriations ``immediately available,'' formerly ruled out of supply
bills as deficiency appropriations, are no longer subject to points of
order as such (footnote). Volume VII, section 1119.
Items which do not supply deficiencies are not in order in the
deficiency appropriation bills. Volume VII, section 1119.
The term ``existing law'' as related to authorization of deficiency
appropriations includes not only permanent statutes but also provisions
of supply bills in force for the current year only. Volume VII, section
1176.
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.
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.
Deficiency appropriations are in order in any general appropriation
bill within the jurisdiction of the Committee on Appropriations. Volume
IV, section 3564.
A general appropriation bill (except the general deficiency) provides
for the next fiscal year, and expenditures for preceding years are not
in order in any bills reported by committees other than the
Appropriation Committee. Volume IV, sections 3554-3561.
An appropriation made ``immediately available'' is a deficiency
appropriation not in order on the Army appropriation bill. Volume IV,
section 3716.
DEFICIENCIES--Continued.
(1) Jurisdiction of--Continued.
An urgent deficiency bill appropriating generally for the various
Departments and services of the Government was held to be a general
appropriation bill within the meaning of Rule XXI. Volume IV, sections
3569, 3570.
As to the jurisdiction of the deficiency appropriation bill. Volume IV,
section 3746.
Appropriations for the continuation of work on a public building and
not intended to supply any actual deficiency belongs to the sundry
civil bill, not the general deficiency. Volume IV, section 3562.
A deficiency appropriation to complete a transportation of silver coin
authorized for the current year was held in order, although the
original appropriation may have been without authority of law. Volume
IV, section 3604.
Extra services of employees are properly compensated under authority of
a resolution agreed to by the House. Volume V, section 7238.
Appropriations for other purposes than to supply deficiencies are not
in order in a deficiency appropriation bill. Volume VII, sections 1118,
1119.
An additional appropriation for a purpose authorized by law and already
appropriated for was treated as a deficiency appropriation when
submitted by the department and reported by the committee as such.
Volume VII, section 1121.
(2) Payment of Claims.
It is in order on a deficiency bill to appropriate for the payment of
judgments of the courts certified to Congress in the form of public
document transmitted to the Speaker by the Executive, but not otherwise
and a mere certified copy of a mandate of the Supreme Court of the
United States transmitted informally was held not to justify an
appropriation in an appropriation bill. Volume VII, sections 1291.
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.
It is in order in 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 in the deficiency bill.
Volume IV, section 3644.
Findings filed by the Court under the Bowman Act do not constitute such
adjudications of claims as justify appropriation in the general
deficiency bill. Volume IV, section 3643.
The payment of an unadjudicated claim, even though the amount be
ascertained and transmitted by the head of an Executive Department, is
not order on the deficiency bill. Volume IV, sections 3625-3627.
It is not in order to appropriate on the deficiency bill for an
unadjudicated claim, even though it be transmitted to the House by an
Executive message. Volume IV, section 3628.
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.
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.
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 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.
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.
DEFICIENCIES--Continued.
(2) Payment of Claims--Continued.
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.
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.
It is in order on a deficiency appropriation bill to appropriate in
payment of a contract lawfully made. Volume IV, sections 3645, 3646.
DE JURE OFFICER.
Distinction between election officers de jure and de facto and mere
usurpers. Volume II, section 878.
A person not possessing the qualifications required for an officer de
jure may not be an officer de facto. Volume II, section 881.
DELAHAY.
The impeachment of Mark H. Delahay, United States district judge for
Kansas. Volume III, sections 2504, 2505.
DELANO.
The Ohio election case of Follett v. Delano in the Thirty-ninth
Congress. Volume II, sections 862, 863.
The Ohio election case of Delano v. Morgan in the Fortieth Congress.
Volume II, sections 864-866.
DE LARGE.
The South Carolina election case of Bowen v. De Large in the Forty-
second Congress. Volume I, section 505.
DELAWARE, ELECTION CASES FROM.
Third Congress.--Latimer v. Patton. Volume I, section 758.
Fifty-fourth Congress.--Addicks v. Kenney. Volume I, section 633.
Fifty-fourth Congress.--Henry A. du Pont. Volume I, sections 563, 564.
Fifty-fifth Congress.--Willis v. Handy. Volume I, section 748.
The Senate election case of Henry A. du Pont, of Delaware, in the
Sixty-second Congress. Volume VI, section 129.
DELAY.
In granting to President Johnson time to prepare for trial the Senate
intimated that there should be no delays after the beginning of the
trial. Volume III, section 2430.
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.
DELEGATES AND RESIDENT COMMISSIONERS.
(1) Nature of the office.
(2) Qualifications of.
(3) Constituency of.--Territory must be organized by law.
(4) Constituency of.--Prima facie effect of credentials from
unorganized Territory.
(5) Constituency of.--Character of.
(6) Constituency of.--When Territory becomes a State.
(7) In organization of House.
(8) Committee service.
(9) Debate, motions, etc., by.
(10) Resignation, punishment, expulsion, compensation.
DELEGATES AND RESIDENT COMMISSIONERS--Continued.
(1) Nature of the Office.
Each Territory sends to the House a Delegate having the right of
debating, but not of voting. Volume II, section 1290.
The office of Delegate was established by an ordinance of the
Continental Congress, confirmed by a law of Congress. Volume I,
sections 400, 421.
Discussion of the nature of the office of Delegate. Volume I, section
826.
An elaborate discussion of the status in the House of a Delegate from a
Territory. Volume I, section 473.
In 1794 the House admitted a Delegate on the theory that it might admit
to the floor for debate merely anybody whom it might choose. Volume I,
section 400.
The House held that there should be prior legislation by Congress
before the admission of a Delegate. Volume I, section 405.
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 term of a Delegate need not necessarily begin and end with the term
of a Congress. Volume I, section 403.
In 1794 the Delegate seated by the House was elected by the legislature
of the Territory and not by the people. Volume I, section 400.
The legislation as to the privileges of the Delegate was enacted after
the House had recognized the office. Volume I, section 400.
The House decided in 1794 that the oath should not be administered to a
Delegate. Volume I, section 400.
In 1801 the oath was administered as a matter of course to a Delegate
from a Territory. Volume I, section 401.
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.
(2) Qualifications of.
Congress has by law prescribed that Delegates from certain Territories
must be citizens of the United States. Volume I, section 431.
The organic act of Hawaii fixed the qualifications of the Delegate
therefrom. Volume I, section 526.
A discussion as to whether or not a Delegate should have the same
qualifications as a Member. Volume I, section 421.
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.
A committee held that the strongest reasons of public policy require a
Delegate to possess qualifications similar to those required of a
Member. Volume I, section 423.
In 1873 the Elections Committee concluded that where a law of Congress
extended the Constitution over a Territory the qualifications of the
Delegate should be similar to those of Members. Volume I, section 469.
Discussion of the effect, in the matter of qualifications of Delegates,
of a law extending the Constitution over a Territory. Volume I, section
473.
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.
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 person who had resided in a Territory one year as a person, but not
as a citizen, was held to be qualified as a Delegate under the law
requiring a residence of one year. Volume I, section 421.
DELEGATES AND RESIDENT COMMISSIONERS--Continued.
(2) Qualifications of--Continued.
Instance of examination by a House committee of charges of bigamy and
treason against a Delegate. Volume I, section 526.
In 1873 it was proposed by a majority of the Elections Committee to
exclude Delegate George V. Cannon for polygamy, but the resolution was
not considered. Volume I, section 470.
In 1882 the House, by majority vote and for the disqualification of
polygamy, excluded Delegate George V. Cannon, who had not been sworn on
his prima facie showing. Volume I, section 473.
In 1873 the Elections Committee concluded that a Delegate who had been
sworn could be reached on a question of qualifications only by process
of expulsion. Volume I, section 469.
A Delegate-elect being excluded for disqualification, the House
declined to seat the candidate having the next highest number of votes.
Volume I, section 473.
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.
A resolution embodying a general declaration as to the qualifications
of Delegates was decided by the House not to involve a question of
privilege. Volume III, section 2595.
(3) Constituency of.--Territory Must be Organized by Law.
The House declined to admit a Delegate from a Territory not organized
by law. Volume I, section 412.
The House decided it inexpedient to admit a Delegate chosen by a
community not yet made a Territory by law. Volume I, section 407.
The House declined to admit a Delegate from New Mexico before the
organization of the Territory had been authorized by law. Volume I,
section 405.
The House declined to admit a Delegate from an unorganized Territory,
although by treaty the people were entitled to the rights of citizens.
Volume I, section 411.
After the passage of the act organizing the Territory of Wyoming, but
before the actual organization, the House declined to admit a Delegate
elected before the passage of the act. Volume I, section 410.
(4) Constituency of.--Prima Facie Effect of Credentials from
Unorganized Territory.
The House declined to give prima facie effect to credentials from a
Territory not yet organized. Volume I, section 410.
The House declined to give prima facie effect to the credentials of a
Delegate elected by a convention in an unorganized Territory. Volume I,
section 405.
(5) Constituency of.--Character of.
In 1868 the House declined to pass on the title to a seat of William H.
Hooper, Delegate from Utah, who was alleged to have been elected by
undue influence of an alleged disloyal organization. Volume I, section
467.
(6) Constituency of.--When Territory Becomes a State.
In 1839 the Committee on Elections held that the office of Delegate
ceased when the Territory ceased to exist as a corporation by becoming
a State. Volume I, section 403.
The State of Minnesota being admitted, the House suspended the
functions of the Delegate from the old Territory. Volume I, section
409.
After the admission of Minnesota as a State the House declared portions
of the old Territory outside the limits of the State not entitled to a
Delegate. Volume I, section 409.
The House admitted a Delegate from a county left under the old
Territorial laws after the remainder of Wisconsin Territory had become
a State. Volume I, section 404.
A Delegate was not dispossessed of his seat because a portion but not
all of his Territory had been erected into a State. Volume I, section
402.
Duty of the Speaker as to recognition of a Delegate after the Territory
had been admitted as a State. Volume I, section 408.
DELEGATES AND RESIDENT COMMISSIONERS--Continued.
(7) In Organization of House.
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.
In 1882 the House declined to permit the oath to be administered to
either of two contesting Delegates until the papers in relation to the
prima facie right had been examined by a committee. Volume I, section
471.
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.
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.
It was held in 1881 that the administration of the oath to Delegates
was of higher privilege than the adoption of rules. Volume I, section
180.
An instance wherein the House questioned credentials borne by a
Delegate-elect who himself had signed them as governor. Volume I,
section 610.
A resolution proposing the exclusion of a Delegate from his seat
presents a question of privilege. Volume III, section 2594.
(8) Committee Service.
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.
Volume VI, section 242.
Discussion of status of a Delegate as a member of a standing committee.
Volume VI, section 243.
Determination by a committee that a Delegate as a member of the
committee has the right to debate but not to vote. Volume VI, section
243.
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.
The rules give to the resident commissioner of Porto Rico that status
of a Delegate in the House, and assign to him an additional place on
the Committee on Insular Affairs. Volume II, section 1306.
In the earlier practice Delegates appear to have voted in committees,
but such is not the later rule. Volume II, sections 1300, 1301.
(9) Debate, Motions, etc., by.
Delegates may debate but may not vote. Volume II, section 1290.
The rights and prerogatives of a Delegate in parliamentary matters are
not limited to legislation affecting his own territory. Volume VI,
section 240.
By order of the House the Resident Commissioners of the Philippine
Islands were granted the right to debate, and assigned to offices in
the House Office Building. Volume VI, section 245.
DELEGATES AND RESIDENT COMMISSIONERS--Continued.
(9) Debate, Motions, etc. by--Continued.
By general acquiescence the Resident Commissioners of the Philippine
Islands have been permitted the privilege of debating. Volume VI,
section 246.
A Delegate may call a Member to order in debate. Volume II, section
1295.
The House declined to allow a Delegate to introduce an interpreter on
the floor. Volume II, section 1296.
A Delegate may make a point of order but may not vote. Volume VI,
section 240.
Delegates from the Territories have the right to make motions. Volume
II, section 1291.
A Delegate may make any motion which a Member may make, except the
motion to reconsider. Volume II, section 1292. Volume VI, section 240.
Impeachment proceeding have been moved by a Delegate. Volume II,
section 1303.
A Delegate may not object to the consideration of a measure. Volume II,
sections 1293, 1294.
Dicta by a Chairman expressing the opinion that former decisions
denying Delegates the rights to object to consideration were out of
harmony with general decisions defining the rights of Delegates. Volume
VI, section 240.
Instance wherein a Delegate was recognized to object to the
consideration of a measure. Volume VI, section 241.
An instance wherein a Delegate was appointed a teller. Volume II,
section 1302.
The declaration of a Delegate on a public question being presented for
insertion in the Journal and read, was recorded in the Journal,
whereupon the house declined to expunge it. Volume IV, section 2808.
The privileges of the floor with the right to debate extended to
Resident Commissioners in the Sixtieth Congress. Volume VI, section
244.
(10) Resignation, Punishment, Expulsion, Compensation.
A Delegate resigns his seat in a communication addressed to the
Speaker. Volume II, section 1304.
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.
Discussion as to whether or not the expulsion of a Delegate should be
effected by a majority or two-thirds vote. Volume I, section 469.
The Sergeant-at-Arms disburses the pay mileage of Members and
Delegates. Volume I, section 257.
The statutes provide for deductions by the Sergeant-at-Arms from the
pay of a Member or Delegate who is absent from his seat without a
sufficient excuse. Volume II, section 1150.
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.
DELIVERY OF BILLS.
Rule for delivery of bills referred to a committee. Volume IV, section
4556.
While a privileged bill reported by delivery to the Clerk through the
basket thereby for forfeits its privileges, it may be at any time
reported from the floor and is then privileged for immediate
consideration. Volume VIII, section 2233.
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 committee on Wednesday. Volume VII, section 936.
The time of delivery of reports to the Clerk fixes the time a which
such reports are made and a motion to discharge a committee comes too
late after a report has been filed regardless of whether it has been
printed. Volume VI, section 405.
No offer or agent of either House has authority to receive returned
bills or message from the President for delivery at the next session.
Volume VII, section 1115.
DELIVERY OF BILLS--Continued.
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.
A resolution proposing investigation with a view to impeachment was
introduced by delivery to the Clerk and was referred to the Committee
on Rules, on request of which committee it was rereferred to the
committee on the Judiciary. Volume VI, section 544.
DEMOGRAPHY.
Subject relating to hygiene and demography come within the jurisdiction
of the Committee on Interstate and Foreing Commerce. Volume VI, section
1824.
DEMONSTRATIONS.
The introduction of exhibits, demonstrations, or other unusual adjuncts
to debate are subject to the will of the House. Volume VIII, section
2453.
An appropriation for demonstrating uses of fish as food was held not to
be authorized by the organic act creating the Bureau of Fisheries.
Volume VI, section 1259.
Autorization of an appropriation for an investigation is not construed
to include authorization of an appropriation for demonstrating results
of such investigation. Volume VII, section 1259.
A proposition to appropriate for demonstrating processes of
manufacturing denatured alcohol at an exposition was held not to be
authorized by general law giving the Secretary of Agriculture authority
to acquire and diffuse information pertaining to agriculture. Volume
VII, section 1295.
DEMURRER.
Argument as to whether or not a demurrer is permissible in an
impeachment case. Volume III, section 2431.
Willaim 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 it was arranged that the manager should open
and close in arguing respondent's plea in demurrer. Volume III, section
2312.
The answer of Secretary Belknap demurred to the articles, alleging that
he was not a civil officer of the United States when they were
exhibited. Volume III, section 2453.
The answer of Judge Archbald demurred severally to all the articles of
impeachment, alleging that no impeachable offense had been charged and
then replying in detail to the charges set forth in each article.
Volume VI, section 505.
The Senate denied the motion of the managers in the Belknap case to fix
the time of answer and trial on the merits before decision on the
demurrer. Volume III, section 2457.
In the Belknap case the Senate decided that respondent's plea in
demurrer was insufficient, and that the articles were sufficient.
Volume VIII, section 2459.
Counsel for respondent in the Swayne trail 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.
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.
DENNY.
The Kentucky election case of Denny, jr., v. Owens in the Fifty-fourth
Congress. Volume II, sections 1087, 1088.
DEPARTMENTS. For Decisions on Authorization of Appropriations for Each
Department see ``Appropriations.''
(1) Executive.--In general.
(2) Executive.--Resolutioins of inquiry addressed to.
DEPARTMENTS--Continued.
(1) Executive.--In General.
The organic law creating a department authorizes necessary contingent
expenses incident to its maintenance. Volume VII, section 1273.
Where the organic act creating a department provides for certain
definite activities it is in order on a general appropriation bill to
appropriate for such activities. Volume VII, section 1262.
While the organic law establishing a department permits additions to
the regular force of employees by classes, the addition of specified
employees is not authorized. Volume VII, section 1163.
The general statement of purpose for which a department is established,
as set forth in the organic act creating it, is not to be construed as
authorization for appropriations not specifically provided for in
succeeding sections of the act providing for bureaus designated to
carry out the declaration of purpose. Volume VII, section 1264.
Construction of the law authorizing the employment of mechanics and
laborers and other employees in the executive departments. Volume VII,
section 1317.
Construction of the law authorizing the employment of ``watchmen,
messengers, and laborers'' in the executive departments. Volume VII,
section 1327.
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 law authorizing the employment of clerks by the heads of
Departments does not apply to offices not at the seat of government.
Volume IV, sections 3670-3674.
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 committee on expenditures. Volume VI, section 4315. Volume VII,
section 2041.
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.
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.
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.
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.
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.
Investigation of the Department of the Interior and the Department of
Agriculture has been considered to be within the jurisdiction of the
Committee on Agriculture. Volume VII, section 1877.
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.
(2) Executive.--Resolutions of Inquiry Addressed to.
While it is customary to use the clause ``If not incompatible with the
public interest'' in resolutions of inquiry addressed to the President
and to the State Department, it is not ordinarily used in resolutions
addressed to other executive departments. Volume VI, section 436.
In response to a request for information ``not incompatible with the
public interest,'' the head of a department replied that it would be
incompatible with the public interest to submit the information
requested. Volume VI, section 414.
DEPARTMENTS--Continued.
(2) Executive.--Resolutions of Inquiry Addressed to--Continued.
The head of a department having failed to respond to a resolution of
inquiry, the House transmitted a further resolution. Volume VI, section
435.
Only resolutions of inquiry addressed to the heads of executive
departments are privileged. Volume VI, section 406.
The term ``Heads of Executive Departments'' refers exclusively to
members of the President's Cabinet. Volume VI, section 406.
Executive departments in response to resolutions of inquiry may not
comment on debate in the House, include explanations tending to
vindicate action by the department or enter into argument not
specifically requested. Volume VI, section 437.
Discussion of the right of the House to send for original papers from
the files of the department. Volume VI, section 435.
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.
DEPOSITS.
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.
The Committee on Banking and Currency has reported generally on the
subject of national banks and also on the subject of current deposit of
public moneys. Volume IV, section 4083.
The Committee on Banking and Currency has reported on the designation
of depositories of public moneys. Volume VII, section 1794.
DEPUTY.
In the absence of the Sergeant-at-Arms his deputy, by special
resolution of the House, was empowered to serve a warrant. Volume III,
section 1669.
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.
On the removal of the Sergeant-at-Arms, the Deputy Sergeant-at-Arms
succeeded to the duties of the office as Assistant Sergeant-at-Arms,
without action by the Senate. Volume VI, section 37.
The Sergeant-at-Arms indorses on a subpoena his authorization of his
deputy to act in his stead. Volume III, section 1673.
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.
In 1860 the Massachusetts court decided that a warrant directed only to
the Sergeant-at-Arms of the United States Senate might not be served by
deputy in that State. Volume III, section 1718.
Should the Sergeant-at-Arms make the return on a subpoena served by his
deputy? Volume III, section 1702.
A discussion distinguishing between the serving of a warrant by deputy
and the serving of a subpoena in the same way. Volume III, section
1702.
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.
While the selection of a deputy to administer the oath is within the
Speaker's discretion, he is constrained by custom to appoint a Member
of the House and where that is inexpedient designates an official
authorized to administer oaths. Volume VI, section 14.
An exceptional instance wherein the Senate authorized the
administration of the oath to a Senator elect by deputy and outside the
Senate Chamber. Volume VI, section 19.
DERELICTS.
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.
DESERET.
The election case of Almon W. Babbitt, claiming a seat as a Delegate
from the so-called State of Deseret in the Thirty-first Congress.
Volume I, section 407.
DESERTIONS.
A standing order of the House, superseding the existing rule as to
Friday evening sessions, provides that the second and fourth Friday of
each month shall be devoted to pension bills and bills removing charges
of desertion and political disabilities. Volume IV, section 3281.
DESIGNATIONS.
Form of designation of Speaker pro tempore. Volume II, section 1401.
Volume VI, sections 268, 269, 272.
Form of resolution approving designation of Speaker pro tempore. Volume
VI, section 278.
A Speaker pro tempore whose designation was approved by the House was
not sworn. Volume VI, section 266.
The Speaker, about to be absent, asked the approval of the House of his
designation of a Speaker pro tempore. Volume VI, section 266.
The House approved the designation of a Speaker pro tempore as a
prerequisite to his signing enrolled bills. Volume VI, section 278.
A Speaker pro tempore whose designation had received the approval of
the House signed enrolled bills. Volume VI, section 277.
The House having approved the designation of a Speaker pro tempore, the
Speaker directed the Clerk to notify the President and the Senate.
Volume VI, section 266.
The House having approved the Speaker's designation of a Speaker pro
tempore, the oath was administered and the Clerk was directed to notify
the President and the Senate. Volume VI, section 280.
The Speaker does not always name in open House the Member whom he calls
to the chair temporarily during the day's sitting. Volume II, section
1379.
A Speaker pro tempore sometimes designates another Speaker pro tempore.
Volume II, section 1384. Volume VI, section 275.
Where the Speaker names a Member to preside during the remainder of a
day's sitting the Journal properly records the fact. Volume IV,
sections 2849, 2850.
Instance wherein the House authorized the Speaker to designate a
Speaker pro tempore for a term extending beyond the time provided by
the rules. Volume VI, section 280.
The House having agreed to an order for formal sessions on two days
only of each week over an extended period, authorized the Speaker to
appoint Speakers pro tempore at will during that time. Volume VI,
section 267.
A Member of the minority party is sometimes designated as Speaker pro
tempore on formal occasions. Volume IV, section 270.
Recently it has been the general, though not the universal practice, to
designate as Speaker pro tempore during eulogies on a deceased Member,
the dean of the State delegation regardless of party affiliation.
Volume VI, section 265.
The President pro tempore of the Senate has general power to designate
in writing a Senator to perform the duties of the Chair during his
absence. Volume II, section 1413.
In the Senate the process of designating a President pro tempore for
the day's sitting has been the subject of much discussion. Volume II,
sections 1414-1416.
A Senator was designated by resolution to administer the oath to the
Presiding Officer, who in turn administered the oath simultaneously to
all Senators standing in their places. Volume VI, section 516.
DESIGNATIONS--Continued.
In the absence of the Vice President during the election of a President
pro tempore of the Senate, a President pro tempore was designated to
preside. Volume VI, section 281.
In case of tempore 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.
Discussion as to what constitutes a compliance with a mandatory law
that the designation of the office shall appear ``clearly'' on the
ballot. Volume II, section 951.
DESKS.
The desks in the Hall of the House and the various attempts to remove
them. Volume V, section 7282.
DEVICE.
The State law forbidding a device on the ballot, the words ``Republican
ticket'' were held sufficient to cause its rejection. Volume II,
section 954.
DIAGRAMS.
The insertion of maps and diagrams in the Congressional Record is
within the control of the Joint Committee on Printing. Volume V,
section 7024.
DIBBLE.
The prima facie election case of Samuel Dibble, of South Carolina, in
the Forty-seventh Congress. Volume I, section 571.
DIES NON.
In the ordinary practice of the House Sunday is regarded as a dies non.
Volume V, section 7245.
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.
A session of a committee, adjourned without having secured a quorum, is
a dies non, and not to be counted in determining the admissibility of a
motion to reconsider. Volume VIII, section 2213.
DILATORY PROCEEDINGS.
(1) Motions for delay.--Rule relating to.
(2) Motions for delay.--Early action in relation to.
(3) Motions for delay.--General decisions as to.
(4) Motions for delay.--Point of ``no quorum.''
(5) Motions for delay.--Use of special orders to prevent.
(6) Pending a report from the Committee on Rules.
(7) Pending a motion to suspend the rules.
(8) Instances of obstruction by.
(9) During the electoral count.
(10) In pleadings in an impeachment.
(1) Motions for Delay.--Rule Relating to.
No dilatory motion shall be entertained by the Speaker. Volume V,
section 5706.
If apparent that a motion is offered for the purpose of delaying the
business of the House it is the duty of the Speaker to rule it out as
dilatory without waiting for suggestion from the floor. Volume VIII,
section 2796.
The question as to whether a motion is dilatory is determined within
the discretion of the Speaker by the evident motive of the Member
presenting it. Volume VIII, section 2713.
The motive of a Member in offering a motion is a persuasive, though not
conclusive, consideration in determining the question as to whether it
is dilatory. Volume VIII, section 2797.
DILATORY PROCEEDINGS--Continued.
(1) Motions for Delay.--Rule Relating to--Continued.
Although circumstances seemed to indicate that a motion had been made
for purposes of obstruction, the Speaker inquired as to the motives
prompting the motion, and being assured by the proponent that it was
offered in good faith, declined to hold it dilatory. Volume VII,
section 2797.
Where obviously offered for the purpose of delaying considerations the
Chair has declined to entertain an amendment. Volume VIII, section
2798.
The question of dilatoriness is not necessarily determined by a length
of time which has elapsed since the ascertainment of the presence of a
quorum, or the character of business intervening, but by the opinion of
the Speaker as to whether under the circumstances the motion is made
with intent to delay the business of the House. Volume VIII, section
2804.
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.
Finding of ordinary and proper parliamentary motions used solely for
delay and obstruction, Mr. Speaker Reed ruled them out as dilatory, and
was sustained on appeal. Volume V, section 5713.
Review of the conditions which resulted in the rule empowering the
Speaker to decline to recognize for dilatory motions. Volume V, section
5706.
When motions or appeals have been made with an evident purpose of
obstruction the Speaker, acting under the rule, held them dilatory,
either on a point of order being made or without it. Volume V, sections
5715-5722.
A motion must be manifestly for delay in order to justify its rejection
as dilatory. Volume V, section 5714.
The Speaker has declined to entertain debate or appeal on a question as
to dilatoriness of a motion. Volume V, section 5731.
A rule giving the Speaker power to hold as dilatory certain motions, a
resolution condemning his action thereunder was not admitted as a
question of privilege. Volume III, section 2621.
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.
(2) Motions for Delay.--Early Action in Relation to.
Instance in 1875 wherein, by suspension of the rules, a rule was
adopted that the Speaker should entertain no dilatory motions. Volume
V, section 6775.
The constitutional right of the House to ``determine the rules of
proceeding'' may not be impaired or destroyed by the indefinite
repetition of dilatory motions. Volume V, sections 5707-5708.
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.
The motion to excuse a Member from voting was a prolific source of
obstruction when privileged. Volume IV, sections 2900, 2903.
(3) Motions for Delay.--General Decisions as to.
Under certain circumstances the motions to reconsider and adjourn and
the question of consideration have been held dilatory. Volume V,
sections 5731-5733.
The motion to reconsider has been ruled out as dilatory when manifestly
made for purpose or delay. Volume V, section 5735.
The Speaker has ruled a demand for tellers dilatory when satisfied that
it was made only for purposes of delay. Volume V, sections 5735, 5736.
A demand for tellers had been held to be dilatory when the vote on a
division was so decisive as to preclude possibility of change or error.
Volume VIII, section 2818.
DILATORY PROCEEDINGS--Continued.
(3) Motions for Delay.--General Decisions as to--Continued.
The constitutional right of a Member to demand the yeas and nays may
not be overruled as dilatory. Volume V, section 5737.
A motion fixing the time of five-minute debate in Committee of the
Whole has been ruled out when dilatory. Volume V, section 5734.
Amendments changing immaterially the limit of time in a motion to close
debate were ruled out as dilatory. Volume VIII, section 2817.
The rule making the motions to adjourn, to fix the day to which the
House shall adjourn, and for a recess in order at any time was dropped
to prevent the continued use of those motions for purposes of
obstruction. Volume V, section 6740.
The motion to adjourn has been ruled out when dilatory. Volume VIII,
section 2813.
Repetition of the motion to adjourn when apparently for purposes of
obstruction has been held dilatory. Volume VIII, section 2814.
A motion that the Committee of the Whole rise has been ruled out when
dilatory. Volume VIII, section 2800.
A motion to reconsider a yea and nay vote, by which a resolution was
agreed to unanimously, has been held to be dilatory. Volume VIII,
section 2815.
Two motions to recommit offered by a Member having been ruled out of a
order, the Speaker recognized him to submit a third motion to recommit
when convinced that it was not offered for dilatory purposes. Volume
VIII, section 2713.
A motion to recommit having been ruled out of order, another motion is
in order in good faith, but subsequent recognition to move recommitment
is within the discretion of the Speaker and may be denied if dilatory.
Volume VIII, section 2760.
A motion to lay on the table, which submitted in effect a proposition
previously rejected, was held to be dilatory. Volume VIII, section
2816.
(4) Motions for Delay.--Point of no Quorum.
The Chair being satisfied that a quorum was present and that a point of
no quorum was made for dilatory purposes declined to entertain it.
Volume VIII, section 2808.
The Chair will not hold a point of no quorum dilatory unless repeated
when apparent beyond question that a quorum is present. Volume VIII,
section 2801.
The Speaker being satisfied that a quorum was present and that a point
of no quorum was made for dilatory purposes, declined to entertain it.
Volume V, sections 5724, 5725.
The presence of a quorum having been ascertained the Speaker has
overruled points of ``no quorum'' made very soon thereafter. Volume V,
sections 5726-5730.
When convinced that a point of no quorum is made for purposes of
obstruction the Speaker has declined to entertain it even after the
intervention of business. Volume VIII, section 2811.
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.
The House having divided following the ascertainment of the presence of
a quorum, the Speaker considered that a sufficient transaction of
business to warrant the entertainment of a point of no quorum. Volume
VIII, section 2804.
An instance in which brief debate was held by Speaker to be an
intervention of business warranting the raising of a second point of no
quorum. Volume VIII, section 2805.
The point of no quorum may not be held dilatory when well taken, and
regardless of the fact that a roll call has just disclosed the presence
of a quorum, the Speaker will entertain a point of no quorum when
manifestly justified. Volume VIII, section 2806.
In the absence of intervening business, the Speaker declined to
entertain a point of no quorum made immediately following a yea-and-nay
vote on which a quorum voted. Volume VIII, section 2810.
DILATORY PROCEEDINGS--Continued.
(4) Motions for Delay.--Point of no quorum--Continued.
A roll call on a motion to recommit having disclosed the presence of a
quorum, a point of no quorum raised for the purpose of securing a roll
call on the passage of the bill was held to be dilatory. Volume VIII,
section 2812.
(5) Motions for Delay.--Use of Special Orders to Prevent.
Special orders are often used to further the consideration of business
by preventing dilatory motions, and in such cases the Chair has
exercised discretion as to entertaining motions to adjourn, for a
recess, and appeals. Volume IV, sections 3210-3213.
To prevent dilatory tactics the House adopted, under suspension of the
rules, a special order for consideration of the articles impeaching
President Johnson. Volume III, section 2414.
A special order prohibiting ``debate or intervening motion'', it was
held that an appeal should be entertained. Volume V, section 6954.
(6) Pending a Report From the Committee on Rules.
Pending consideration of a report from the Committee on Rules the
Speaker is forbidden to entertain dilatory motions. Volume V, section
5738.
A report from the Committee on Rules has a special and high privilege,
and one motion to adjourn but no other dilatory motion may be
entertained during its consideration. Volume IV, section 4621. Volume
VIII, section 2260.
Construction of the rule permitting one motion to adjourn and
thereafter no other dilatory motion pending consideration of a report
from the Committee on Rules. Volume V, sections 5740-5742.
Pending consideration of a report from the Committee on Rules, appeals
and the motion to reconsider have been ruled out as dilatory within the
meaning of the rule. Volume V, section 5739.
(7) Pending a Motion to Suspend the Rules.
Pending a motion to suspend the rules, the Speaker may entertain one
motion that the House adjourn, but thereafter no other dilatory motion
may be made. Volume V, section 5743.
A motion to suspend the rules having been entertained and one motion to
adjourn having been voted on, another motion to adjourn may not be made
unless the failure of a quorum be demonstrated. Volume V, section 5744.
When a quorum fails on a vote to second a motion to suspend the rules,
a second motion to adjourn is not considered a dilatory motion within
the prohibition of the rule. Volume V, sections 5745, 5746.
Pending consideration of a motion to suspend the rules a motion for a
recess was held to be such dilatory motion as is forbidden by the rule.
Volume V, sections 5748-5751.
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.
(8) Instances of Obstruction by.
Illustrations of the former practices of obstruction by breaking a
quorum and by dilatory motions. Volume IV, sections 2898-2903.
Instance of prolonged obstruction by the repetition of motions and the
multiplication of roll calls. Volume V, section 5709.
An instance where the power of obstruction by dilatory motions was used
to compel a direct vote on an issue. Volume III, section 2407.
Instance of prolonged dilatory proceeding in the House. Volume V,
section 6738.
Instance of obstruction on an election case which forced a compromise
as to another matter of legislation. Volume II, section 999.
Instance wherein final action in an election case was prevented by
obstruction. Volume II, section 1017.
DILATORY PROCEEDINGS--Continued.
(8) Instances of Obstruction by--Continued.
Instance wherein the minority party in the course of obstruction left
the Hall in a body Volume II, section 1034.
Since 1879 the Clerk in calling the roll has called Members by their
surnames, with the prefix ``Mr.,'' instead of calling the full names.
Volume V, section 6047.
(9) During the Electoral Count.
During the electoral count of 1877, when the proceedings were
prescribed by law, the Speaker ruled that a motion interfering with the
promptness of those proceedings was dilatory. Volume III, section 1955.
(10) In Pleadings in an Impeachment.
The Senate, having assumed jurisdiction in the Belknap impeachment,
declined to permit the respondent to plead further, but gave leave to
answer the articles. Volume III, section 2123.
The extent of dilatory pleadings in the Belknap trial was commented on
as an innovation on American and English precedents. Volume III,
section 2123.
DINGLEY, NELSON, Jr., of Maine, Chairman.
The ceremonies of the state funeral of Nelson Dingley. Volume V,
section 7153.
Decisions on questions of order relating to--
Amendments not germane. Volume V, section 5881.
Committee of the Whole. Volume IV, sections 4724, 4776.
Limitations on appropriations. Volume IV, section 3936.
DIPLOMATIC AFFAIRS.
(1) General authority of the House as to.
(2) Inquiries as to.
(3) Declarations and communications.
(4) Appropriations for Salaries, etc., of diplomatic representatives.
(1) General Authority of the House as to.
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 VII, section 1248.
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.
The House has declared its ``constitutional right to an authoritative
voice in declaring and prescribing the foreign policy of the United
States as well as in the recognition of new powers as in other
matters.'' Volume II, section 1539.
In 1811 the House originated and the Senate agreed to a resolution
declaring the attitude of the United States on a question of foreign
policy. Volume II, section 1538.
In 1825 the House, after long discussion, declined to make a
declaration of policy or give express approval of a diplomatic service
instituted by the President. Volume II, sections 1546, 1547.
In 1825 the House, after long debate, made an unconditional
appropriation for the expenses of the ministers to the Panama congress.
Volume II, sections 1546, 1547.
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.
An authorization or diplomatic relations with a foreign nation
originated in the House in 1882. Volume II, section 1549.
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.
DIPLOMATIC AFFAIRS--Continued.
(1) General Authority of the House as to--Continued.
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 1820 the House considered, but without results, its constitutional
right to a voice in any treaty ceding territory. Volume II, section
1507.
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, sections 1508.
(2) Inquiries as to.
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 diplomatic affairs. Volume III,
sections 1896-1901.
President Washington, in 1796, declined the request of the House that
he transmit the correspondence relating to the recently ratified treaty
with 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.
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.
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.
(3) Declarations and Communications.
The Congress, by joint resolution, expressed its abhorrence of
massacres reported in a foreign nation. Volume II, section 1560.
Congratulations of the House on the adoption of a republican form of
government by Brazil. Volume II, section 1550.
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 V, section 7221.
(4) Appropriations for Salaries, etc., of Diplomatic Representatives.
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.
Where the President has appointed a diplomatic representative and the
appointment has been approved by the Senate, a point of order does not
lie against an appropriation for the salary of such representative
unless the rate of pay has been otherwise fixed by law. Volume VII,
section 1248.
DIPLOMATIC AFFAIRS--Continued.
(4) Appropriations for Salaries, etc., of Diplomatic Representatives--
Continued.
In the absence of an actual appointment by the President, or of
confirmation of such appointment by the Senate, an appropriation for
the salary of a minister to a country to which a statute authorizes the
appointment of an ambassador is subject to a point of order. Volume
VII, section 1248.
The President, at will, may raise a legation to an embassy or reduce an
embassy to a legation, any statute to the contrary notwithstanding, and
where the President has made such change and followed it with an
appointment which has been approved by the Senate, an appropriation for
the salary of the appointee is in order unless the rate of pay is in
contravention of law. Volume VII, section 1248.
Where a statute authorizes a diplomatic mission to a designated
government it is in order to appropriate for the salary of diplomatic
officers thereto prior to their appointment by the President. Volume
VII, section 1248.
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 for which
no estimate had been made was held to be in order on an appropriation
bill. Volume VII, section 1255.
DIPLOMATIC CORPS.
The Speaker is required to set aside a portion of the west gallery for
the use of the President, members of his Cabinet, justices of the
Supreme Court, and foreign ministers and suites, and their respective
families. Volume V, sections 7302.
Ministers from foreign governments and governors of States (but not of
Territories) have the privilege of the floor. Volume V, section 7283.
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.
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.
DIRECTORY, CITY.
The reports of a 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.
Instance wherein the city directory and a canvass by means of
registered letters was accepted to discredit a registration. Volume II,
section 1128.
DIRECTORY, CONGRESSIONAL.
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.
DIRECTORY LAWS. See ``Elections of Representatives.''
DISABILITIES.
By the fourteenth amendment one who, having previously taken an oath as
an officer of the Government to support the Constitution, has engaged
in rebellion is disqualified as a Member until the disability be
removed. Volume I, section 454.
For persons whose disabilities had been removed the oath of July 2,
1862, was modified by the act of July 11, 1868. Volume I, section 455.
DISABILITIES--Continued.
A bill removing the disabilities of a Member-elect and modifying the
test oath for his benefit was passed by a two-thirds vote. Volume I,
section 455.
A Member-elect who had not been disloyal, but who could not truthfully
take the oath of July 2, 1862, was not sworn until he had been relieved
of his disabilities by law. Volume I, section 455.
A standing order of the House, superseding the existing rule as to
Friday evening sessions, provides that the second and fourth Fridays of
each month shall be devoted to pension bills and bills removing charges
of desertion and political disabilities. Volume IV, section 3281.
Bills for the removal of political disabilities have been within the
jurisdiction of the Committee on the Judiciary. Volume IV, section
4058.
DISAGREE, MOTION TO.
(1) Nature, precedence, and effect.
(2) Relation to motion to ask a conference.
(1) Nature, Precedence, and Effect.
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 motion to agree or concur should be put in the affirmative and not
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.
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 motion to amend an amendment of the other House has precedence of
the motion to agree or disagree. Volume V, sections 6164, 6169-6171.
(2) Relation to Motion to Ask a Conference.
The motion to ask a conference is distinct from motions to agree or
disagree to Senate amendments. Volume V, section 6268.
It is so usual in later practice for the House disagreeing to an
amendment of the other to ask a conference that an omission so to do
caused a question. Volume V, section 6273.
The House may disagree to certain Senate amendments to a bill, agree to
others with amendment, 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 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.
DISAGREEMENT. See also ``Conferences.''
(1) Of the two Houses as to adjournment.
(2) Of the two Houses as to a bill.--Effect of.
(3) Of the two Houses as to a bill.--Adherence.
(4) Of the two Houses as to a bill.--Privileged status.
(5) Of the two Houses as to a bill.--In relation to motions.
(1) Of the Two Houses as to Adjournment.
When the two Houses disagree as to Adjournment, the President may
adjourn them. Volume V, section 6672.
DISAGREEMENT--Continued.
(2) Of the Two Houses as to a Bill.--Effect of.
The test of disagreement is the ordering of conferees; when both Houses
have ordered conferees they are in disagreement. Volume VIII, section
3232.
The stage or disagreement between the two Houses is reached when one
informs the other of disagreement. Volume VI, section 756.
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.
Instance of prolonged disagreement resulting in the loss of a bill.
Volume V, sections 6324, 6325.
When the House disagrees to a Senate amendment after amending it, the
adopted amendment is of no effect. Volume V, section 6169.
(3) Of the Two Houses as to a Bill.--Adherence.
An adherence by both Houses to disagreement over amendments causes a
bill to fail. Volume V, section 6163.
The House may recede from its disagreement to certain amendments and
adhere to it as to others. Volume V, section 6229.
An instance of immediate adherence to a first disagreement. Volume V,
section 6303.
(4) Of the Two Houses as to a Bill.--Privileged Status.
A bill with amendments of the other House is privileged after the stage
of disagreement has been reached. Volume IV, sections 3149, 3150.
Volume VI, section 756. Volume VIII, section 3194.
The Senate having requested the return of a bill which, with
amendments, had reached the stage of disagreement, a motion to
discharge the House committee and return the bill was treated as
privileged. Volume IV, section 3475.
(5) Of the Two Houses as to a Bill.--In Relation to Motions.
The motion to concur in a Senate amendment takes precedence of the
motion to disagree. Volume VIII, section 3179.
The stage of disagreement having been reached, that motion which tends
most quickly to bring the Houses into agreement is preferential. Volume
VIII, section 3204.
The stage of disagreement having been reached, the motion to recede and
concur has precedence over the motion to refer. Volume VIII, section
3259.
A motion to insist on disagreement to a Senate amendment yields to a
motion to agree and is not acted on in event of rejection of the latter
motion. Volume VIII, section 3183.
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.
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.
The motion to recede from disagreement and concur in a Senate amendment
has precedence of a motion from disagreement and concur in a Senate 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.
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 3198.
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 taken precedence of the motion
to recede and concur with an amendment. Volume VIII, section 3202.
A negative vote on a motion to concur in a Senate amendment was held
equivalent to an affirmative vote to disagree. Volume VIII, section
3178.
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, section 3179.
DISAGREEMENT--Continued.
(5) Of the Two Houses as to a Bill.--In Relation to Motions--Continued.
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.
Before the stage of disagreement is reached the motion to concur with
an amendment is not divisible. Volume VIII, section 3176.
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 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.
The stage of disagreement having been reached, the motion to insist has
precedence of the motion to refer. Volume V, section 6225.
The House having receded from its disagreement to Senate amendments
they are open to amendment precisely as before the original
disagreement. Volume V, sections 6212-6214.
DISBURSEMENTS.
The Clerk keeps account of disbursement of the contingent fund and the
stationery accounts of Members. Volume I, section 251.
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.
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.
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.
DISCHARGE.
(1) Of a standing or select committee.--Motion not generally
privileged.
(2) Of a standing or select committee.--As to privileged matters
generally.
(3) Of a standing or select committee.--Resolutions of inquiry.
(4) Of a standing or select committee.--Filing and signing of motion
under new rule.
(5) Of a standing or select committee.--GReference to calendar and
calling up in House under new rule.
(6) Of a standing or select committee.--Consideration in House under
new rule.
(7) Of a Committee of the Whole.
(8) Motions to discharge a committee.
(9) Of the managers of a conference.
(10) Of witnesses.
(1) Of a Standing or Select Committee.--Motion Not Generally
Privileged.
A motion to discharge a committee from the consideration of an ordinary
legislative proposition is not privileged. Volume IV, section 4693.
Volume VIII, section 2316.
In the Senate a motion to discharge a committee may be made and
considered in the regular order (footnote). 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.
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.
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.
DISCHARGE--Continued.
(1) Of a Standing or Select Committee.--Motion Not Generally
Privileged--Continued.
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 reported. Volume V, section 6771.
Form of special order discharging committee from further consideration
of House bill with Senate amendments and asking conference. Volume
VIII, section 821.
Form of special order discharging committee from 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,
section 820.
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.
On the failure of a quorum in a vote by tellers on seconding the old
motion to discharge a committee the Chair directed a call of the House
under the rule. Volume VI, section 707.
It is not in order to discharge a committee from consideration of a
bill and return the bill to the Speaker's table. Volume VII, section
1818.
While the motion to discharge a committee is not debatable, the motion
to discharge a committee and pass a measure before them is subject to
debate if undivided. Volume VI, section 409.
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.
A standing committee, unlike a select committee, is not discharged from
consideration of a subject within its jurisdiction by reason of having
reported thereon. Volume VIII, section 2311.
A select committee appointed to consider the propriety of remarks
delivered in the House reported that they contained no language in
violation of the privileges of debate, and asked to be discharged.
Volume VIII, section 2499.
(2) Of a Standing or Select Committee.--As to Privileged Matters
Generally.
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 discharge a committee from the consideration of a
contested-election case presents a question of the highest privilege.
Volume III, section 2585.
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.
Contestant failing to take testimony within time provided by law, the
House discharged the committee from further consideration of the case.
Volume VI, section 164.
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, had reached the stage of disagreement, a motion to
discharge the House committee and return the bill was treated as
privileged. Volume IV, section 3475.
DISCHARGE--Continued.
(3) Of a Standing or Select Committee.--Resolutions of Inquiry.
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.
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.
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 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.
The motion to discharge a committee from further consideration of a
resolution of inquiry is not privileged after its report to the House.
Volume VI, section 405.
The motion to discharge a committee from the consideration of a
resolution of inquiry is not debatable. Volume III, section 1868.
Volume VI, section 415. Volume VIII, section 2651.
The motion to discharge a committee is not debatable, and the
proposition to lay on the table a motion to discharge a committee from
the consideration of a resolution of inquiry is in order and takes
precedence even though the proponent of that motion demands the floor.
Volume VI, section 415.
The motion to discharge a committee from the consideration of a
resolution of inquiry is not debatable, but the motion having been
agreed to, the resolution is before the House and subject to debate
under the hour rule. Volume VI, section 417.
A committee having been discharged from the further consideration of a
resolution of inquiry, debate is in order under the hour rule unless
the previous question is ordered. Volume VI, section 416.
(4) Of a Standing or Select Committee.--Filing and Signing of Motions
Under the New Rule.
Form and history of Section 4 of Rule XXVII. 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, section 1007.
Motions to discharge committees are filed with the Clerk and are not
presented from the floor. Volume VII, section 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.
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.
Those filing motions to discharge committees may notify members either
from the floor or by letter. Volume VII, section 1008.
Members sign motions to discharge committees at the Clerk's desk during
the session of the House and not elsewhere. Volume VII, sections 1008,
1009.
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.
The rule providing for motions to discharge committees does not
authorize signature of such motions by proxy. Volume VII, section 1014.
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.
DISCHARGE--Continued.
(5) Of a Standing or Select Committee.--Reference to Calendar and
Calling up in House Under New Rule.
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.
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.
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.
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.
Recognition to call up motions from the Discharge Calendar is granted
in the order in which entered on the calendar. Volume VII, section
1018.
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.
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.
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.
Bills called up under motions to discharge committees from their
further consideration are ready by title only. Volume VII, section
1019.
(6) Of a Standing Select Committee.--Consideration in House Under New
Rule.
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 House having agreed to a motion to discharge a committee from
further consideration of a resolution, the proponent of the motion was
recognized to debate the resolution. Volume VI, section 417.
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.
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.
The proponents of a motion to discharge a committee are entitled to
open and close debate thereon. Volume VII, section 1010a.
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.
A member calling up a bill from the Discharge Calendar is precluded
from making a point of order against it. Volume VII, section 1020.
DISCHARGE--Continued.
(6) Of a Standing or Select Committee.--Consideration in House Under
New Rule.--Continued.
Inasmuch as the inhibition provided in section 4 of Rule XXI applies to
appropriations and not to acts of reporting, motions to discharge
nonappropriating committees from consideration of bills carrying
appropriations are not by reason of such appropriations subject to
points of order. Volume VII, section 2144.
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.
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.
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.
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.
(7) Of a Committee of the Whole.
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.
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.
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 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.
(8) Motions to Discharge a Committee.
It is in order to lay on the table a motion to discharge a committee.
Volume V, section 5407.
A motion to discharge a committee from the consideration of a matter,
when in order, is not debatable. Volume IV, section 4695.
On a motion to discharge a committee the merits of the main question
may not be debated. Volume IV, section 4696.
The question of consideration may not be demanded against a motion to
discharge a committee. Volume V, section 4977.
(9) Of the Managers of a Conference.
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.
While a conference is in progress the House which asks it may alone
discharge the conferee, and, having possession of the papers, may act
on the amendments in disagreement. Volume V, sections 6526, 6527.
DISCHARGE--Continued.
(9) Of the Managers of a Conference--Continued.
Where 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.
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.
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.
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.
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.
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.
(10) Of Witnesses.
A contumacious witness having given a respectful and sufficient answer
at the bar of the House, was ordered to be discharged. Volume III,
section 1670.
Form of discharge issued to a witness before the House committee which
investigated the impeachment charges against William Blount. Volume
III, section 2040.
In an impeachment trial the discharge of witnesses is determined by the
Senate sometimes in conformity with the consent of the parties. Volume
III, section 2354.
In the Belknap trial the witnesses were discharged before the final
arguments. Volume III, section 2465.
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.
DISCREPANCY.
No fraud being shown a poll is not rejected because the ballot box does
not contain as many votes as are proven by oath of voters. Volume I,
section 801.
DISEASE.
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.
The importation and interstate transportation of trees, shrubs, and
other nursery stock, quarantine regulations against insect pests and
plant diseases, and the establishment of a national arboretum are
subjects within the jurisdiction of the Committee on Agriculture.
Volume VII, section 1863.
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.
DISMISSAL.
(1) Of an officer of the House or Senate.
(2) Of an election contest.
DISMISSAL--Continued.
(1) Of an Officer of the House or Senate.
The House, by resolution, dismissed its Clerk, who had been found
guilty of misappropriation of public funds. Volume I, section 287.
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.
Because of the misconduct of the incumbent the office of Doorkeeper has
been declared vacant and the duties have devolved upon the Sergeant-at-
Arms. Volume I, sections 288, 289.
The resignation of the Postmaster was laid before the House while a
resolution of dismissal was pending, and was disregarded. Volume I,
section 292.
Charges against the Postmaster being sustained his office was declared
vacant and his assistant was directed to perform the duties
temporarily. Volume I, section 292.
The Senate having dismissed its Sergeant at Arms for cause, declined to
take further punitive action. Volume VI, section 37.
(2) Of an Election Contest.
The contestant having failed to respond to a notice to appear the House
dismissed the case. Volume I, section 751.
A contestant having failed to file the brief required by law, the
Elections Committee notified him to appear and show cause why his case
should not be dismissed. Volume I, section 751.
A contestant having failed to prosecute his case according to law or to
take testimony, the House dismissed the contest. Volume I, section 750.
Contestant having failed to serve proper notice of contest upon
contestee, the case was dismissed. Volume VI, sections 101, 175.
DISNEY.
The Oklahoma election case of O'Connor v. Disney, in the Seventy-second
Congress. Volume VI, section 189.
DISORDER. See also ``Debate.''
The Speaker may cause the galleries to be cleared in case of disorder
therein. Volume II, section 1343.
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.
The Speaker having declined to order the galleries to be cleared, a
motion to effect that purpose was offered from the floor and
entertained. Volume II, section 1353.
Rigid enforcement of the rule relating to disturbance in the galleries.
Volume II, section 1352.
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.
Disorder occurring in the galleries during the Johnson trial, they were
cleared. Volume III, section 2434.
A spectator in the Senate gallery having addressed remarks to the
floor, the Vice President directed the Doorkeeper to remove him. Volume
VI, section 200.
A point of order being raised against an interruption from the
galleries the Speaker admonished the galleries. Volume VI, section 259.
DISPENSING WITH CALL.
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 motion to adjourn takes precedence of a motion to dispense with
further proceedings under a call of the House. Volume VIII, section
2643.
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.
DISPOSITION OF EXECUTIVE PAPERS.
The creation and history of the Joint Committee on Disposition of
Executive Papers, Section 44, Rule XI. Volume VII, section 2100.
The Joint Committee on Disposition of Executive Papers, while
recognized by the rules, was created by the statutes. Volume vIII,
section 2100.
The rule gives to the Joint Committee on Disposition of Executive
Papers jurisdiction over ``all proposed legislation concerning the
disposition of useless executive papers.'' Volume VII, section 2100.
Directions to the Clerk of the House to classify books and documents in
the House library and dispose of any surplus in conjunction with the
chairman of the Committee on the Disposition of Useless Executive
Papers and the Librarian of Congress was held to be a subject not
within the jurisdiction of the Committee on Accounts. Volume VIII,
section 2301.
DISQUALIFICATION.
Form of resolutions for unseating a Member for disqualification. Volume
I, section 425.
Determination by a divided Elections Committee that the
disqualification of a sitting Member does not entitle the contestant,
who had received the next highest number of votes, to the seat. Volume
I, section 424.
Disqualification of the Member-elect does not authorize the seating of
a contestant not found to be elected. Volume VI, section 58.
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.
The Constitution limits judgment in impeachment cases to removal from
office and disqualification to hold office. Volume III, section 2055.
Debate as to whether or not the Constitution requires both removal and
disqualification on conviction by impeachment. Volume III, section
2397.
Having found Judge Humphreys guilty, the court proceeded to pronounce
judgment of removal and disqualification. Volume III, section 2397.
Having found Judge Archbald guilty, the Senate proceeded to pronounce
judgment of removal and disqualification. Volume VI, section 512.
The Presiding Officer held that the question on removal and
disqualification was divisible. Volume III, section 2397. Volume VI,
section 512.
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.
DISQUALIFYING PERSONAL INTEREST.
(1) Affecting the Member's vote.--Rule and parliamentary law.
(2) Affecting the Member's vote.--On a question of his title to a seat.
(3) Affecting the Member's vote.--In proceedings of censure or arrest.
(4) Affecting the Member's vote.--House may excuse.
DISQUALIFYING PERSONAL INTEREST--Continued.
(5) May the Speaker rule as to the Member's vote?
(6) As a cause for the Speaker to call another to the chair.
(7) As appearing in impeachment proceedings.
(8) As to a legislator voting for a Senator.
(1) Affecting the Member's Vote.--Rule and Parliamentary Law.
Every Member shall be present and vote unless he have a direct personal
or pecuniary interest in the question. Volume V, section 5941.
The rule of parliamentary law as to the conduct of a Member when his
private interests are concerned in a question. Volume V, section 5949.
The old parliamentary law as to withdrawal of a Member when business
concerning himself is debated or decided. Volume II, section 1237.
Where the subject-matter before the House affects a class rather than
individuals, the personal interest of Members who belong to the class
is not such as to disqualify them from voting. Volume V, section 5952.
Volume VIII, section 3072.
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 power of the House to deprive one of its Members of the right to
vote on any question is doubtful. Volume VIII, section 3072.
(2) Affecting the Member's Vote.--On a Question of His Title to a Seat.
The same question affecting the right of four Members to their seats,
each voted on the cases of his associates but not on his own. Volume V,
section 5958.
In the proceedings relating to the New Jersey Members in 1839 each
contestant did not generally vote on his own case, but voted on the
identical cases of his associates. Volume V, section 5957.
It was held, in 1840, that the sitting Members from New Jersey might
vote on incidental questions arising during the consideration of their
titles to their seats. Volume V, section 5953.
On a motion to discharge a committee from consideration of a resolution
affecting the seats of several Members, the Chair held that the Members
concerned might vote. Volume V, section 5960.
A Senator having voted on a question affecting directly his title to
his seat, the Senate ordered that the vote be not received in
determining the question. Volume V, section 5959.
(3) Affecting the Member's Vote.--In Proceedings of Censure or Arrest.
A Member against whom a resolution of censure was pending cast a
decisive vote on an incidental question, but on the main question did
not vote, except once in the negative on the motion to lay the
resolution on the table. Volume V, section 5961.
On a resolution in the Senate censuring two Senators, the names of both
were called but neither voted. Volume II, section 1665.
Members present in custody of the Sergeant at Arms for absence were
permitted to vote on a motion to excuse another Member for a similar
offense. Volume B, sections 5937-5940.
(4) Affecting the Member's Vote.--House May Excuse.
A Member who had been assaulted was excused from voting on questions
relating to the punishment of his assailant. Volume V, section 5962.
Members who were stockholders in the Bank of the United States were
excused from voting on a question relating to that institution. Volume
V, section 5954.
Sometimes the House has excused Members from voting on questions in
which they had a personal interest (footnote). Volume V, section 5950.
DISQUALIFYING PERSONAL INTEREST--Continued.
(5) May the Speaker Rule as to the Member's Vote?
A point of order being made that a Member was disqualified for voting
by a personal interest, the Speaker held that the Chair might not
deprive a Member of his constitutional right to represent his
constituency. Volume V, section 5956.
The Speaker has usually held that the Member himself should determine
whether or not his personal interest in a pending matter should cause
him to withhold his vote. Volume V, sections 5950, 5951.
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.
An instance wherein the Speaker decided that a Member should not vote,
because of disqualifying personal interest. Volume V, section 5958.
A bill affecting a particular corporation being before the House, the
Speaker held that a Member directly interested in that corporation as a
shareholder had no right to vote. Volume V, section 5955.
(6) As a Cause for the Speaker to Call Another to the Chair.
The Speaker leaves the chair during the transaction of any business
concerning himself, even the reference of a paper. Volume II, section
1359.
A matter concerning himself being before the House, the Speaker called
a Member to the chair. Volume II, section 1360.
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.
Resolutions censuring the conduct of the Speaker being presented
unexpectedly, he was excused from deciding a point of order in relation
thereto. Volume II, section 1357.
An amendment to the Journal disapproving a ruling of the Speaker was
held out of order, without question as to the propriety of calling
another to the chair. Volume IV, section 2848.
The Speaker remained in the chair and ruled as to the relevance of
language criticizing his conduct as Speaker. Volume V, section 5188.
The seat of the Speaker as a Member being contested, consent of the
House was obtained to permit him to speak on the report, although he
had called a Member to the chair. Volume II, section 1368.
In asking an investigation of his conduct, Mr. Speaker Clay addressed
the House from the chair, but immediately left it when the House was to
act. Volume II, section 1362.
The Speaker of the House, being the Vice-President-elect, called a
Member to the chair during discussion of a question relating to the
electoral count. Volume II, section 1365.
Mr. Speaker Colfax presided with the President pro tempore at the
electoral count of 1869, although he was ascertained by that count to
be the Vice-President-elect. Volume III, section 1950.
(7) As Appearing in Impeachment Proceedings.
The doctrine of disqualifying personal interest as applied to a Senator
sitting in an impeachment trial. Volume III, section 2061.
In 1868 the President pro tempore of the Senate voted on the final
question at the Johnson trial, although a conviction would have made
him the successor. 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.
In the Pickering trial a Senator, who as a Member of the House had
voted for impeachment, was challenged but voted. Volume III, section
2327.
DISQUALIFYING PERSONAL INTERREST--Continued.
(7) As Appearing in Impeachment Proceedings--Continued.
A Senator who had been a witness for respondent was excused from voting
on the judgment in the Peck trial. Volume III, section 2383.
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.
The House excused one of its Members from voting on any question
connected with the impeachment of a brother. Volume III, section 2294.
(8) As to a Legislator Voting for a Senator.
A member of a State legislature having cast for himself a decisive vote
for United States Senator the Senate declined to hold the election
illegal. Volume V, section 5963.
DISREPUTE.
Impeachment may be based on offenses of a political character, on gross
betrayal of public interests, inexcusable neglect of duty, tyrannical
abuse of power, and offenses of conduct tending to bring the office
into disrepute. Volume VI, section 545.
DISSOLUTION.
Under the parliamentary law an impeachment is not discontinued by the
dissolution of Parliament. Volume III, section 2005.
DISTINGUISHED VISITORS.
An occasion of the introduction of distinguished visitors informally to
the House. Volume VIII, section 3158.
DISTRIBUTION.
(1) Of the President's annual message.
(2) Of bills and documents.
(3) Of seeds.
(1) Of the President's Annual Message.
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 resolutions distributing the President's annual message are
reported by the Committee on Ways and Means. Volume V, sections 4030,
6621, 6622.
Form of resolutions for the distribution of the President's annual
message. Volume V, sections 6621, 6622.
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.
(2) Of Bills and Documents.
The statutes provide specifically for the number of public and private
bills to be printed when they are introduced, when reported, etc., and
the distribution thereof. Volume V, section 7318.
The printing and distribution of documents and reports are specifically
regulated by statute. Volume V, section 7318. Volume VI, section 371.
The statutes define the term ``public document'' and provide for the
division of documents among Members and the distribution thereof.
Volume V, section 7316.
Provisions for distribution of documents through the folding room allot
an equal number to each Member of the House, to be issued on his order
only; distribution through the document room renders them subject to
application without limitation on the number which may be issued to any
one applicant. Volume VIII, section 3661.
Instance where the law providing for distribution of documents to
Members was suspended by joint resolution to permit outgoing Members to
distribute publications which by reason of the calling of an extra
session would otherwise have been allotted to their successors. Volume
VIII, section 3668.
DISTRIBUTION--Continued.
(2) Of Bills and Documents--Continued.
The accumulation of obsolete documents in the folding room becoming
burdensome, the House authorized distribution of all for which there
was demand and directed that the remainder be sold as waste paper.
Volume VIII, section 3669.
Bills proposing permanent law relative to the printing, binding, and
distribution of public documents have been reported by the House branch
of the Joint Committee on Printing. Volume VII, section 2093.
(3) Of Seeds.
References to statutes regulating the distribution of seeds by Members
through the Agricultural Department. Volume V, section 7344.
The law establishing the Department of Agriculture was held to
authorize an appropriation for the purchase and distribution of free
seeds. Volume VII, section 1166.
An appropriation for distribution of seeds was held to be in order in
an appropriation bill. Volume VII, section 1165.
A provision for the purchase and distribution of seeds was held to be
legislation and not in order on an appropriation bill. Volume VII,
section 1479.
DISTRICT ATTORNEY.
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.
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.
The inquiry into the conduct of H. Snowden Marshall, United States
district attorney for the southern district of New York. Volume VI,
sections 468, 530.
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 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 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.
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.
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.
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.
DISTRICT OF COLUMBIA.
(1) The seat of government.
(2) The Committee on.--Creation and history of.
(3) The Committee on.--Jurisdiction of.
(4) Jurisdiction of other committees as to subjects relating to.
(5) Provisions for, on appropriation bills.
(6) Consideration of business of, in the House (District Monday).
(7) In general.
DISTRICT OF COLUMBIA--Continued.
(1) The Seat of Government.
The District of Columbia is the seat of government (footnote). Volume
I, section 2.
(2) The Committee on.--Creation and History of.
The creation and history of the Committee for the District of Columbia,
section 34 of Rule XI. Volume IV, section 4276.
Recent history of the Committee on the District of Columbia, section 28
of Rule XI. Volume VII, section 2004.
District days. Volume VII, section 817.
(3) The Committee on.--Jurisdiction of.
The rule gives to the Committee for the District of Columbia
jurisdiction of subjects relating ``to the District of Columbia, other
than appropriations therefor.'' 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.
The Committee for the District of Columbia has exercised jurisdiction
generally of the subject of insurance in the District. Volume IV,
section 4278.
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 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 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.
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.
Bills relating to holidays in the District have been reported by the
Committee for the District of Columbia. Volume IV, section 4283. Volume
VII, section 2011.
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. Volume
VII, section 2008.
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.
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.
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.
The Committee for the District of Columbia has reported bills for the
incorporation of organizations and societies. Volume IV, section 4288.
Volume VII, sections 2006, 2013.
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.
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 for preserving public order, etc., within the District at times
of inauguration have been reported by the Committee for the District of
Columbia. Volume IV, section 4292.
Bills relating to court procedure in criminal cases in the District of
Columbia are within the jurisdiction of the Committee on the District
of Columbia. Volume VII, section 2012.
Bills providing for the acquisition, transfer, and relinquishment of
Government-owned land in the District have been reported by the
Committee on the District of Columbia. Volume VII, section 2005.
DISTRICT OF COLUMBIA--Continued.
(3) The Committee on.--Jurisdiction of--Continued.
Legislative propositions relating to organized activities of Government
employees in the District have been reported by the Committee on the
District of Columbia. Volume VII, section 2010.
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.
(4) Jurisdiction of Other Committees as to Subjects Relating to.
The Appropriations Committee reports the appropriations for the
District of Columbia. Volume IV, section 4032.
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.
Legislation relating to juvenile offenders in the District of Columbia
is considered by the Committee on the Judiciary. Volume VII, section
1755.
Bills relating to the militia of the District of Columbia, as well as
to that of the various States, have been considered by the Committee on
the Militia. Volume IV, section 4253.
Government buildings within the District of Columbia are within the
jurisdiction of the Committee on Public Buildings and Grounds. Volume
IV, section 4233.
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.
Authorization for designs of Library and Museum buildings within the
District of Columbia and the erection of buildings on the grounds of
the Smithsonian Institution are within the jurisdiction of the
Committee on Public Buildings and Grounds and not the Committee on the
Library. Volume VII, section 1971.
The acceptance, acquisition, and exchange of lands for park purposes in
the District of Columbia are subjects within the jurisdiction of the
Committee on Public Buildings and Grounds. Volume VII, section 1967.
A bill to provide housing for Government employees in the District of
Columbia was held by the House to belong to the jurisdiction of the
Committee on Public Buildings and Grounds and not the Committee Labor.
Volume VII, section 2127.
Legislation relating to Government fuel yards in the District of
Columbia has been considered to be within the jurisdiction of the
Committee on Mines and Mining. Volume VII, section 1961.
The Committee on the Post Office and Post Roads has jurisdiction over
subjects relating to Government control of telephones in the District
of Columbia. Volume VII, section 1919.
(5) Provisions for, on Appropriation Bills.
Appropriations for maintenance of police and health and other
departments in the District of Columbia are authorized by the organic
act creating permanent form of government in the District of Columbia.
Volume VII, section 1185.
An appropriation for opening, widening, or extending streets and
highways in the District of Columbia was held to be authorized by law.
Volume VII, section 1189.
The organic act of the District of Columbia authorizes appropriations
for interest on District bonds and a subsequent act authorizes
appropriations for sinking fund for their payment. Volume VII, section
1182.
DISTRICT OF COLUMBIA--Continued.
(5) Provisions for, on Appropriation Bills--Continued.
An appropriation for interest and sinking fund on the funded debt of
the District of Columbia to be paid jointly from the Federal Treasury
and District revenues is authorized by law. Volume VII, section 1183.
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.
An amendment substituting for a percentage contributed to the District
of Columbia a lump sum amounting to less than the aggregate of such
percentage was held to be in order as a retrenchment of expenditures.
Volume VII, section 1502.
An amendment reducing the proportion of the fund appropriated from the
Federal Treasury for the government of the District of Columbia from
one-half to one-fourth, was held to be in order as a reduction or
retrenchment of expenditure. Volume VII, section 1518.
An amendment reducing the proportional part contributed by the
Government to the expenses of the government of the District of
Columbia jointly from District revenues paid and the Federal Treasury
was held to reduce the amount paid out of the Treasury and to be in
order on an appropriation bill. Volume VII, section 1519.
The payment of one-half of District of Columbia expenses out of
District revenues is in order on appropriation bills other than the
District bill. Volume IV, section 3565.
An appropriation for additional playgrounds in the District of
Columbia, not for enlargement of existing playgrounds, was held not to
be in continuation of a work in progress. Volume IV, section 3792.
An appropriation of the surplus of the water fund of the District of
Columbia for the extension of the water system was held to be
authorized by law and in order on an appropriation bill. Volume IV,
section 3600.
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.
An appropriation for the paving of street in the District of Columbia
was held to be in continuation of a public work. Volume VII, section
1373.
An appropriation to render serviceable an additional story of a
building provided for the use of the Court of Appeals of the District
of Columbia was admitted as in continuation of a public work in
progress, but a similar appropriation to adapt this portion of the
building for accommodation of the recorder of deeds was ruled out of
order. Volume VII, section 1370.
An appropriation for installation of a refrigerating plant at the
District of Columbia morgue was held to be in order as in continuance
of a work in progress. Volume VII, section 1359.
An appropriation for supplying free schoolbooks for the use of pupils
in the District of Columbia was held not to be in continuation of a
work in progress. Volume VII, section 1377.
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.
An appropriation for acquisition of ground adjacent to a school in the
District of Columbia was held to be in order as a continuation of a
public work. Volume VII, section 1361.
An appropriation for maintenance and equipment of public playgrounds in
the District of Columbia was held in order on an appropriation bill as
in continuation of a work in progress. Volume VII, section 1375.
Appropriations for necessary repairs and expenses of playgrounds owned
or maintained by the Government in the District of Columbia are in
order on appropriation bills as continuation of work in progress.
Volume VII, section 1378.
DISTRICT OF COLUMBIA--Continued.
(5) Provisions for, on Appropriation Bills--Continued.
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.
The continuing of development of a public park in the District of
Columbia was held to come within the rule as continuing a work in
progress. Volume VII, section 1383.
While appropriations for erection of new school buildings in the
District of Columbia are not in order on appropriation bills,
propositions for continuing the erection of additions to existing
school buildings are admitted as in continuation of public work in
progress. Volume VII, section 1355.
While an appropriation for the purchase of a new site for a school
building in the District of Columbia is not in order on an
appropriation bill, a proposition for the purchase of land adjacent to
school property was admitted as in continuation of a public work in
progress. Volume VII, section 1363.
An appropriation to be paid from the District revenues for maintenance
of bathing beaches in the District of Columbia was held to be
authorized by law. Volume VII, section 1186.
Appropriations for expenses of officers or employees of the United
States or of the District of Columbia in attending conventions of
societies or associations in connection with their official duties are
in order on an appropriation bill. Volume VII, section 1201.
A provision denying use of an appropriation for education of pupils not
residing in the District of Columbia or owning property in the District
the taxes on which were in excess of cost of tuition was held to be in
order on a general appropriation bill. Volume VII, section 1649.
A legislative provision crediting the general account of the District
of Columbia was held not to be an appropriation within the purview of
the rule. Volume VII, section 2157.
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.
An appropriation for Americanization work in the District of Columbia
was held not to be authorized by law. Volume VII, section 1190.
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.
(6) Consideration of Business of, in the House (District Monday).
The second and fourth Mondays of each month are set apart for business
presented by the Committee on the District of Columbia. Volume IV,
section 3304. Volume VII, section 872.
The Committee for the District of Columbia may not, on a District day,
call up a bill reported from another committee. Volume IV, section
3311.
On District of Columbia day a motion is in order to go into Committee
of the Whole House to consider a private bill reported by the Committee
on the District of Columbia. Volume IV, section 3310.
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.
On a District of Columbia day it is in order to call up for
consideration a private bill reported by the Committee on the District
of Columbia. Volume VII, section 873.
Members of the committee on the District of Columbia have precedence in
recognition for debate on days claimed by the committee for the
consideration of District business. Volume VII, section 875.
DISTRICT OF COLUMBIA--Continued.
(6) Consideration of Business of, in the House (District Monday)--
Continued.
Debate on District Monday in general debate and is not confined to the
bill under consideration. Volume VII, section 875.
On District of Columbia days debate in the Committee of the Whole is
not limited and, unless otherwise provided by the House or the
Committee, a Member securing the floor is recognized for one hour.
Volume VII, section 874.
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.
Business unfinished on a District of Columbia day does not come up on
the next District day unless called up. Volume IV, section 3307. Volume
VII, section 879.
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.
The motion to go into the Committee of the Whole to consider general
appropriation bills is in order on a Monday set apart for the
consideration of bills reported by the Committee on the District of
Columbia. Volume VI, section 716.
Consideration of a general appropriation bill was held to be in order
on District of Columbia Monday. Volume VII, section 1123.
Consideration of conference reports is in order on days devoted to
District of Columbia business under the rules. Volume VIII, section
3292.
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 bill to create a corporation in the District of Columbia was held to
be a public bill. Volume IV, section 3294.
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.
(7) In General.
The investigation into the conduct of Frederick A. Fenning, a
commissioner of the District of Columbia, in 1926. Volume VI, section
548.
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.
The law empowering the Commissioner of the District of Columbia to make
building regulations was held to authorize the appointment of building
inspectors. Volume VII, section 1191.
DISTRICTS, CONGRESSIONAL. ``See Elections of Representatives.''
DIVISION.
(1) The act of voting.--General principles.
(2) The act of voting.--Interruptions of.
(3) The act of voting.--Debate, conference reports, and motions
generally not in order during.
(4) The act of voting.--Yeas and nays.
(5) Of the question on a vote.--Rule and general principles.
(6) Of the question on a vote.--Various motions.
(7) Of the question on a vote.--Motion to lay on the table.
(8) Of the question on a vote.--Amendments.
(9) Of the question on a vote.--Appeals.
(10) Of the question on a vote.--In relation to the previous question.
(11) Of the question on a vote.--Affecting motion to reconsider.
DIVISION--Continued.
(12) Of the question of a Vote.--Bills, resolutions, preambles, etc.
(13) Of the question of a Vote.--When a proposition affects more than
one person.
(14) Of the question of a Vote.--In judgment on an impeachment trial.
(15) In referring papers to committees.
(1) The Act of Voting.--General Principles.
On a vote the Speaker first decides by the sound, but if he or any
Member is dissatisfied a division by rising is had. Volume V, section
5926.
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.
A ruling presupposing the theory that a division means the actual
voting rather than the whole process of ascertaining the will of the
House by several methods of voting. Volume V, section 6447.
Debate may continue, the previous question not having been ordered,
until the Speaker has put the negative side of the question. Volume V,
section 5925.
Even after the affirmative side had been taken in a division on a
motion in Committee of the Whole the withdrawal of the motion was
permitted, as the committee had come to no decision. Volume V, section
5348.
Where a quorum fails on a division the matter continues in the exact
state it was before the division. Volume V, section 5926.
When a count of the House on division discloses a lack of a quorum the
pending business is suspended. Volume IV, section 2933.
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.
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 the House is voting on a motion it is too late to make the point
of order that the motion is not in order. Volume V, section 6915.
A Member having requested tellers is not thereby precluded from
demanding a division. Volume VIII, section 3102.
The right to demand tellers is not prejudiced by the fact that a point
of no quorum has been made against a division of the question on which
tellers are requested. Volume VIII, section 3104.
(2) The Act of Voting.--Interruptions of.
Questions of order arising during a division are decided peremptorily
by the Speaker. Volume V, section 5926.
During proceedings incident to the lack of a quorum the motion to
adjourn is in order while the House is dividing. Volume VIII, section
2644.
The motion to reconsider may not be entertained while the House is
dividing. Volume VIII, section 2791.
When the hour previously fixed for a recess arrives the Chair declares
the House in recess, even in the midst of a division (but not of a roll
call) or when a quorum is not present. Volume V, sections 6665, 6666.
Under the former rule which made the motion to fix the day to which the
House should adjourn ``always in order'' it was admitted during a
division, i.e., before the result of a vote had been announced. Volume
V, section 5387.
A demand for tellers has been held to be dilatory when the vote on a
division was so decisive as to preclude possibility of change or error.
Volume VIII, section 2818.
The House having divided following the ascertainment of the presence of
a quorum, the Speaker considered that a sufficient transaction of
business to warrant the entertainment of a point of no quorum. Volume
VIII, section 2804.
DIVISION--Continued.
(3) The Act of Voting.--Debate, Conference Reports, and Motions
Generally Not in Order During.
A division having commenced, debate is thereby precluded. Volume V,
sections 5928, 5929.
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.
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.
While the Committee of the Whole is dividing on a motion, a new motion
may not be made. Volume IV, section 2971.
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.
In 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.
(4) The Act of Voting.--Yeas and Nays.
The yeas and nays may be demanded while the Speaker is announcing the
result of a division. Volume V, section 6039.
A demand for tellers or for a division is not precluded by the fact
that the yeas and nays have been demanded and refused. Volume VIII,
section 3103.
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 included to lack of
a quorum. Volume VII, section 703.
After the Speaker has announced the result of a division on a motion
and is in the act of putting the question on another motion it is too
late to demand the yeas and nays on the first motion. Volume V, section
6042.
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.
It is not in order during the various processes of a division to repeat
a demand for the yeas and nays which has once been refused by the
House. Volume V, sections 6030, 6031.
Reference to instances in the Senate wherein debate was had after the
yeas and nays were ordered, but not after the calling of the roll had
been begun. Volume V, section 6100.
(5) Of the Question on a Vote.--Rule and General Principles.
A question may be divided for the vote if it contain more than one
substantive preposition. Volume V, section 6107. Volume VIII, section
3164.
Under the former provisions of the rule a separate vote could be
demanded on each substantive proposition reported by the Committee on
Rules. Volume VIII, section 3173.
A division of the question may be demanded on a privileged report from
the Committee on Rules containing more than one substantive
proposition. Volume VIII, section 2271.
A division of the question was denied on a privileged resolution
reported by the Committee on Rules wherein the structural relation of
the clauses containing several propositions was such as to render them
interdependent and indivisible. Volume VIII, section 2275.
A resolution may be divided if it contain two substantive propositions,
even though action according to such division may necessitate the
supplying of formal words, such as ``Resolved.'' Volume V, sections
6114-6118.
A resolution may not be divided when one of the portions, if required
to stand alone, would not make a substantive proposition. Volume V,
sections 6108-6113.
In deciding as to dividing a question the Chair considers only the
existence of substantive propositions and not the merits of the
questions presented. Volume V, section 6122.
DIVISION--Continued.
(5) Of the Question of a Vote.--Rule and General Principles--Continued.
Although a question presents two propositions grammatically, it is not
divisible if either does not constitute a substantive proposition when
considered alone. Volume VIII, section 3165.
A Senate decision that a resolution, on demand for a division, should
be divided according to its verbal construction rather than according
to its legislative propositions. Volume V, section 6119.
A Senate ruling that the division of a question depends on grammatical
structure rather than on the substance involved. Volume I, section 394.
An example of difficulty caused by permitting division of a question
which does not present two substantive propositions. Volume III,
section 1725.
The parliamentary law relating to the division of the question. Volume
V, section 6106.
The House may by adoption of a resolution reported from the Committee
on Rules suspend the rule providing for the division of a question.
Volume VII, section 775.
A question that is divisible may be divided for the vote on the demand
of any Member. Volume V, section 6107. Volume VIII, section 3164.
A division of the question may not be demanded after it has been put by
the Chair. Volume V, section 6162.
A division of the question may not be demanded after the yeas and nays
have been ordered. Volume V, sections 6160, 6161.
(6) Of the Question on a Vote.--Various Motions.
A rule provides that a motion to strike out and insert shall not be
divided. Volume V, sections 5767, 6123.
A motion to strike out and insert is indivisible either as to the two
branches of the motion or the language proposed for insertion. Volume
VIII, section 3169.
A proposition to strike out various unrelated phrases may be resolved
into a separate question for each proposed elision. Volume VIII,
section 3166.
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.
A division of the question is not in order on a motion to recommit with
instructions or on the different branches of the instructions. Volume
VIII, section 3170.
A division of the question on a motion to recommit may not be demanded
regardless of the number of substantive propositions involved. Volume
VIII, section 2737.
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. Volume VIII, sections 3197, 3198,
3203.
Before the stage of disagreement is reached the motion to concur with
an amendment is not divisible. Volume VIII, section 3176.
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 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.
A division of the question may not be demanded on a vote on suspension
of the rules. Volume V, sections 6141-6143.
On a motion to suspend the rules and pass a bill with amendments it is
not in order to demand a separate vote on the amendments. Volume VIII,
section 3171.
Propositions to elect members of standing committees and special orders
reported by the Committee on Rules are exceptions and are not
divisible. Volume VIII, section 3164.
DIVISION--Continued.
(7) Of the Question on a Vote.--Motion to Lay on the Table.
A division of the question may not be demanded on a motion to lay a
series of resolutions on the table. Volume V, section 6138.
A motion to lay a resolution and pending amendment on the table may not
be divided. Volume V, sections 6139, 6140.
(8) Of the Question on a Vote.--Amendments.
When it is proposed to amend by inserting or adding, the matter is
divisible if it contain more than one substantive proposition. Volume
V, sections 6129-6133.
On a motion to strike out a resolution and insert several connected
resolutions, a division of the question so as to vote separately on
each substantive proposition of the matter to be inserted was decided
not to be in order. (Speaker overruled.) Volume V, sections 6124, 6125.
Substitute resolutions offered as an amendment are not divisible.
Volume VIII, section 3168.
Substitute resolutions offered as an amendment are not divisible, but
when agreed to a division of the original as amended may be demanded.
Volume V, sections 6127, 6128.
A proposition reported from the Committee on 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.
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.
On the question of agreeing or disagreeing to a Senate amendment it is
not in order, according to the weight of authority, to demand a
division so as to vote separately on different portions of the
amendment. Volume V, sections 6151-6156. Volume VIII, section 3175.
Form of rule authorizing Members to demand a separate vote on each
amendment recommended by the Committee of the Whole. Volume VII,
section 803.
(9) Of the Question on a Vote.--Appeals.
A decision of the Speaker involving two distinct questions, he
permitted the question on appeal to be divided. Volume V, section 6157.
(10) Of the Question on a Vote.--In Relation to the Previous Question.
The previous question being ordered on a series of resolutions, a
division was permitted so as to vote separately on each resolution.
Volume V, section 6149.
The previous question may be moved on a series of resolutions, but
after it is ordered a separate vote may be had on each resolution.
Volume V, section 5468.
An order for the previous question does not preclude the demand for a
separate vote on component substantive propositions. Volume VIII,
section 3173.
(11) Of the Question on a Vote.--Affecting Motion to Reconsider.
A resolution having been divided for the vote a separate motion to
reconsider was held necessary for each vote and was made first as to
the first portion of the resolution. Volume V, section 5609.
(12) Of the Question on a Vote.--Bills, Resolutions, Preambles, etc.
In voting on the engrossment and third reading and passage of a bill a
separate vote on the various propositions of the bill may not be
demanded. Volume V, section 6144. Volume VIII, section 3172.
For a time a rule provided for a division of the question on the
engrossment of a bill appropriating money (footnote). Volume V, section
6144.
On the passage of a bill with a preamble a division of the question may
not be demanded. Volume V, section 6147.
On the passage of a joint resolution with a preamble a separate vote
may not be demanded on the preamble. Volume V, section 6148.
DIVISION--Continued.
(12) Of the Question on a Vote.--Bills, Resolutions, Preambles, etc.--
Continued.
A division of the question may not be demanded on the passage of a
joint resolution. Volume V, sections 6145, 6146.
On a resolution for the adoption of a series of rules which were not
presented as a part of the resolution, it was held not in order to
demand a separate vote on each rule. Volume V, section 6159.
A single proposition with modifications may not be divided for the
vote. Volume V, section 6158.
A resolution may be divided if it contains more than one section which
standing alone would constitute a substantive proposition. Volume VIII,
section 3163.
A rule provides that motions or resolutions to elect members of the
standing committees shall not be divisible. Volume VIII, section 2175.
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 VIII, section 799.
It is in order to demand a division of the question on agreeing to a
resolution of impeachment and a separate vote may be had on each
article. Volume VI, section 545.
(13) Of the Question on a Vote.--When a Proposition Affects More Than
One Person.
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.
A pending single resolution providing for seating several claimants,
the Speaker ruled that the vote might be taken separately as to each
claimant. Volume I, section 623.
The latest ruling is that a resolution affecting two individuals may be
divided, although such division may demand a reconstruction of the
text. Volume V, sections 6120, 6121.
By a single resolution the Senate expelled several Senators for
treasonable conspiracy against the Government. Volume II, section 1266.
A resolution need not necessarily be divided because it affects the
titles of the seats of two Senators from different States with
different questions involved. Volume V, section 6119.
A division being demanded on a resolution for seating several
claimants, the oath may be administered to each as soon as his case is
decided. Volume I, section 623.
(14) Of the Question on a Vote.--In Judgment on an Impeachment Trial.
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 Presiding Officer held that the question on removal and
disqualification was divisible. Volume III, section 2397.
The Presiding Officer held that the question on removal and
disqualification was divisible. Volume VI, section 512.
(15) In Referring Papers to Committees.
A presidential message may be divided for reference and portions
relating to one topic referred to one committee while portions dealing
with other subjects are referred to other committees. Volume VIII,
sections 3348, 3349.
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.
If a portion of a petition be excluded by a rule the entire paper must
be excluded if the context be such as to be incapable of division.
Volume IV, section 3357.
A joint resolution may not be divided for reference. Volume IV, section
4376.
DIVORCE.
The Committee on the Judiciary has exercised jurisdiction over
legislative propositions related to marriage, divorce, and polygamy.
Volume IV, section 4076.
The Committee on the District of Columbia has exercised jurisdiction as
to bills relating to executors, administrators, wills, and divorce in
the District. Volume IV, section 4289.
DIXON.
After full consideration the Senate, in the case of Archibald Dixon,
decided that a Member might resign, appointing a future date for his
retirement. Volume II, section 1227.
DOCKERY, ALEXANDER M., of Missouri, Speaker Pro Tempore and Chairman.
Decisions on questions of order relating to--
Adjourn, motion to Volume V, section 5375.
Amendments not germane. Volume V, section 5844.
Appropriations. Volume IV, section 3891. Volume VII, section 1555.
Bills. Volume IV, section 4656.
Call of the House. Volume IV, sections 2999, 3000. Volume V, section
5607.
Committe of the Whole. Volume IV, section 4850.
House as in Committee of the Whole. Volume IV, section 4933.
Jurisdiction of committees. Volume IV, section 4388.
Reading of bills. Volume IV, section 3402.
DOCUMENT ROOM.
The Doorkeeper appoints superintendents to have charge of the folding
and document rooms. Volume I, section 262.
DOCUMENTS.
(1) Presentation and reading of messages, communications, etc.
(2) Printing, reprinting, and binding of.
(3) Distribution of, by Members.
(4) Falsification, suppression of, etc.
(5) Custody of during electoral count.
(6) As evidence.--In an election case.
(7) As evidence.--In inquiries preliminary to impeachment, etc.
(8) As evidence.--In impeachment trials.
(9) Jurisdiction of Committees as to.
(1) Presentation and Reading of Messages, Communications, etc.
While a message of the President is always read in full and entered on
the Journal, the latest rulings have not permitted the reading of the
accompanying documents to be demanded as a matter of right. Volume V,
sections 5267-5271.
The documents which are a part of a message of the President are not
read before the message is disposed of. Volume V, section 5272.
Illustration of the difficulty of conceding to a Member the right to
have read any paper concerning which he is to vote. Volume V, section
5266.
Executive communications are addressed to the Speaker and are by him
referred. Volume IV, section 3573.
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.
While a message of the President is always printed in the Congressional
Record, the accompanying documents are not printed. Volume V, section
6963.
Accompanying documents, although referred to in a message from the
President, are not read or entered on the Journal. Volume VII, section
1108.
While a rule formerly made the printing of documents accompanying
messages from the President mandatory, the statute superseding the rule
does not require it. Volume VIII, section 3352.
DOCUMENTS--Continued.
(2) Printing, Reprinting, and Binding of.
Statutes authorize the sale of stationery for official use and the
binding of official documents for Members by the Public Printer at
cost. Volume VI, section 214.
The approved form of resolutions authorizing printing begin ``Resolved,
That there shall be printed.'' Volume VIII, section 3661.
All documents referred to committees or otherwise disposed of are
printed unless otherwise specially ordered. Volume V, section 7315.
The printing and distribution of documents and reports are specifically
regulated by statute. Volume V, section 7318.
The printing of documents is governed by statute, and motions to
authorize such printing are not in order. Volume VIII, section 3665.
The statutes limit the printing of documents and reports. Volume V,
section 7320.
The statutes governing the numbering in series and binding of House and
Senate reports and documents. Volume V, section 7324. Volume VIII,
section 3664.
General provision of the statutes relating to printing of memorial
addresses, drawings, maps, etc., and editing of documents. Volume V,
section 7317.
The Congressional order to print must expressly authorize the printing
of illustrations which are parts of documents or reports. Volume V,
section 7320.
Illustrations in documents or reports are printed only on express
authorization of the House. Volume V, section 7321.
Statutes relating to printing the laws for the use of House and Senate.
Volume V, section 7328.
Self-appropriating orders for printing extra copies of bills,
documents, etc., are required to be by joint resolution. Volume V,
section 7319.
Motions to print additional numbers of a bill, report, resolution, or
document shall be referred to the Committee on Printing, and the report
thereon must be accompanied by an estimate of cost. Volume V, section
7315.
Extra copies of hearings and other documents may be ordered by simple
resolution, by either House, within the cost of $500. Volume VIII,
section 3666.
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 concurrence of the other House. Volume VIII, section 3666.
Resolutions for printing extra copies of bills, documents, etc., are
required to be referred to the Committee on Printing, to be reported
with estimates of cost. Volume V, section 7319.
The Joint Committee on Printing have power to regulate the printing of
documents to the demand, within certain limits. Volume V, section 7327.
The Joint Committee on Printing may order printed extra copies of a
bill, document, etc., at a cost not to exceed $200 in any one instance.
Volume V, section 7319. Volume VIII, section 3666.
The Secretary of the Senate and Clerk of the House have a discretionary
power to order the reprinting of bills, resolutions, documents, etc.
Volume V, section 7319.
Reprints may be ordered for the use of the document room in any number,
but when ordered for the folding room require a minimum of 2,471
copies. Volume VIII, section 3666.
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.
A committee of the House may order printed 1,000 copies of its hearings
irrespective of cost. Volume VIII, section 3666.
DOCUMENTS--Continued.
(2) Printing, Reprinting, and Binding of--Continued.
The rules do not require the printing of hearings, and the distribution
of records of hearings is within the discretion of the committee in
charge of the bill. Volume VIII, section 3667.
Committee hearings may be printed as Congressional documents only when
specifically ordered by Congress or either House thereof. Volume VIII,
section 3664.
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.
(3) Distribution of, by Members.
A statute provides for the printing and distribution of documents.
Volume VI, section 371.
The statutes define the term ``public document'' and provide for the
division of documents among Members and the distribution thereof.
Volume V, section 7316.
Public documents are distributed to Members in trust for the benefit of
the people. Volume V, section 7330.
Provisions for distribution of documents through the folding room allot
an equal number to each Member of the House, to be issued on his order
only; distribution through the document room renders them subject to
application without limitation on the number which may be issued to any
one applicant. Volume VIII, section 3661.
Under provision of law, documents not withdrawn by a retiring Member
prior to the convening of the next Congress are forfeited to his
successor. Volume VIII, section 3668.
Instance where the law providing for distribution of documents to
Members was suspended by joint resolution to permit outgoing Members to
distribute publications which by reason of the calling of an extra
session would otherwise have been allotted to their successors. Volume
VIII, section 3668.
The accumulation of obsolete documents in the folding room becoming
burdensome, the House authorized distribution of all for which there
was demand and directed that the remainder be sold as waste paper.
Volume VIII, section 3669.
Hearings, bills, resolutions, documents, etc., distributed through the
document room, are dispensed on application without reference to the
number received by any one member, while those distributed through the
folding room are credited to the accounts of Members pro rata and are
issued only on the order of Members to whom assigned. Volume VIII,
section 3666.
The approved phraseology for making documents available through the
folding room is ``Distributed through the House folding room;'' for
distribution through the document room is ``For the use of the House
document room.'' Volume VIII, section 3661.
Each Member is entitled to one bound copy of each public document to
which he may be entitled. Volume V, section 7323.
Opinion of the Attorney General on the law authorizing the franking of
public documents. Volume VI, section 221.
the statute authorizing the addressing of franked matter ``on behalf
of'' a Member does not authorize the extension of such privilege to
purchasers of frankable documents. Volume VI, section 221.
(4) Falsification, Suppression of, etc.
The falsification of a House document was made the subject of
examination by a select committee. Volume V, section 7329.
A Member having stated that a portion of a House document had been
suppressed, the House, on request of the printers, ordered an
investigation. Volume III, section 1795.
(5) Custody of, during Electoral Count.
When, during the electoral count of 1873, the two Houses separated to
consider objections, of the Vice-President, who had custody of the
documents, left with the House duplicates of the electoral
certificates. Volume III, section 1951.
DOCUMENTS--Continued.
(6) As Evidence.--In an Election Case.
A certified copy of the official abstract of the vote is competent
proof in an election case. Volume I, section 839.
A limit on the time of taking testimony in an election case applies to
witnesses and not to a certified copy of the returns. Volume I, section
839.
A certificate of a State officer, with belated returns from election
inspectors (whose authority to make such returns was doubtful), was
admitted, although procured ex parte. Volume I, section 812.
A certified copy of a public record was admitted in an election case,
although presented in the time for taking rebuttal testimony. Volume
II, section 1122.
The House declined to admit as evidence in an election case the
decision of a State impeachment court on a related subject. Volume I,
section 709.
The Elections Committee declined to consider as evidence certain
official documents of a State submitted without authority from the
House and not decisions in a proceeding between the parties to the
pending contest. Volume I, section 608.
The record of a trial in a State court as to a title to a State office
is not competent evidence in an election case, although relating to the
election in question. Volume II, section 913.
(7) As Evidence.--In Inquiries Preliminary to Impeachment, etc.
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 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.
Instance wherein a House committee charged with an investigation
examined testimony taken before a Senate committee. Volume III, section
2507.
(8) As Evidence.--In Impeachment Trials.
In impeachment trials public documents are admitted in evidence for
what they may be worth. Volume III, sections 2260, 2261.
In the Johnson trial a message of President Buchanan, published as a
Senate document, was admitted as evidence. Volume III, section 2262.
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.
By a close vote after elaborate argument the record of Congressional
debates was admitted during the Swayne trial as having a bearing on the
construction of a law. Volume III, section 2267.
Testimony taken before a House committee and seen by respondent was
admitted in the Belknap trial not as evidence of the fact but as a
partial foundation for an inference. Volume III, section 2269.
Instance in the Belknap trial wherein a document not pertinent on its
face was admitted to prove the negative of a pertinent proposition.
Volume III, section 2274.
The Senate declined to admit in the Belknap trial testimony taken
before a House committee and published as a public document. Volume
III, section 2268.
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.
In the Johnson trial the managers were not required in submitting a
letter of respondent to also submit accompanying but not necessarily
pertinent documents. Volume III, section 2263.
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.
DOCUMENTS--Continued.
(8) As Evidence.--In Impeachment Trials--Continued.
A summary by counsel of the contents of documents was held to be in the
nature of argument and not admissible as evidence. Volume III, section
2259.
A statement signed by the Secretary of the Treasury, but not under
seal, summarizing the contents of official documents was objected to as
evidence in the Swayne trial. Volume III, section 2277.
Instance in the Swayne trial wherein, with the concurrence of counsel,
the managers introduced without oral testimony a certified copy of a
court record. Volume III, section 2265.
In the Swayne trial, evidently by written stipulation between managers
and counsel, certified copies of records were used in the same way as
the original might have been used. Volume III, sections 2265, 2266.
Rulings in the Swayne trial as to right of counsel of respondent to
introduce documents in evidence during their cross-examination of
witnesses for the managers. Volume III, section 2212.
In the Johnson trial the Senate declined to admit as rebutting evidence
a document not responsive to any evidence offered on the other side.
Volume III, section 2216.
A certified paper bearing only indirectly on a question at issue was
ruled out in the Swayne trial. Volume III, section 2225.
(9) Jurisdiction of Committees as to.
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 proposing permanent law relative to the printing, binding, and
distribution of public documents have been reported by the House branch
of the Joint Committee on Printing. Volume VII, section 2093.
Directions to the Clerk of the House to classify books and documents in
the House library and dispose of any surplus in conjunction with the
chairman of the Committee on the Disposition of Useless Executive
Papers and the Librarian of Congress was held to be a subject not
within the jurisdiction of the Committee on Accounts. Volume VIII,
section 2301.
DODGE.
The New York election case of Dodge v. Brooks in the Thirty-ninth
Congress. Volume II, sections 859-861.
DOMICILE.
Discussion of the meaning of the words ``residence'' and ``domicile''
as related to the qualifications of a voter. Volume II, section 886.
Volume VI, sections 96, 154.
In 1834, in an inconclusive case, the Elections Committee gave the word
``residence'' the same meaning as ``home'' or ``domicile.'' Volume I,
section 54.
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.
Discussion as to domicile and validity of votes cast by soldiers.
Volume VI, section 114.
The domicile of soldiers in the service of the United States is
established by nativity or by residence with the requisite intention or
derivative as that of family or dependents. Volume VI, section 148.
DONNELLY.
The Minnesota election case of Donnelly v. Washburn in the Forty-sixth
Congress. Volume II, sections 945-948.
DONOVAN.
The Connecticut election case of Donavan v. Hill in the Sixty-fourth
Congress. Volume VI, section 140.
DOORKEEPER.
(1) Election of.
(2) Removal or death of.
(3) Duty as to roll at organization.
(4) Duties as to the Hall and business of the House.
(5) Employees of.
(6) Duties as custodian of the Hall, etc.
(1) Election of.
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.
Instance wherein the House failing to elect a Doorkeeper and
Postmaster, the officers of the preceding House continuing to serve.
Volume I, section 193.
The Sergeant-at-Arms having resigned, the House instructed the
Doorkeeper to perform the duties of the office until the beginning of
the next session of Congress. Volume I, section 268.
The death of the Doorkeeper being announced, the House voted to proceed
to the election of his successor at a future day. Volume I, section
266.
The vacancy caused by the death of the Doorkeeper was, after several
days, filled by the House by election. Volume I, section 267.
(2) Removal or Death of.
A report from the Committee on Accounts having impeached the integrity
of the Doorkeeper, the House removed him. Volume I, section 290.
Because of the misconduct of the incumbent, the office of Doorkeeper
has been declared vacant and the duties have devolved upon the
Sergeant-at-Arms. Volume I, sections 288, 289.
On the announcement of the death of the Doorkeeper the House took
appropriate action. Volume V, section 7173.
(3) Duty as to Roll at Organization.
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.
(4) Duties as to the Hall and Business of the House.
The Doorkeeper is required to enforce strictly the rules relating to
the privileges of the Hall. Volume I, section 260.
The Doorkeeper is required to clear the floor, fifteen minutes before
the hour of meeting of all persons not privileged to remain, and keep
it cleared until ten minutes after adjournment. Volume V, section 7295.
The Doorkeeper is to see that no one enters the room over the Hall of
the House during its sittings. Volume V, section 7295.
The Sergeant-at-Arms and Doorkeeper are charged with the enforcement of
certain rules relating to decorum. Volume II, section 1136. Volume VI,
section 190.
A spectator in the Senate gallery having addressed remarks to the
floor, the Vice President directed the Doorkeeper to remove him. Volume
VI, section 260.
The ceremony of receiving a messenger from the President of the United
States in the House. Volume V, section 6591.
After trial of impeachment had proceeded for several days, the
formality of announcement by the Doorkeeper of appearance in the
Chamber of the managers and the respondent was by consent dispensed
with. Volume VI, section 477.
An alleged attempt of a Doorkeeper to detain and arrest a Member who
was about to leave the Hall was held to involve a question of
privilege, no authority having been given the Doorkeeper so to act.
Volume III, section 2524.
For permitting a Member under arrest to escape, the Doorkeeper was
arraigned at the bar of the House. Volume I, section 291.
DOORKEEPER--Continued.
(5) Employees of.
The Doorkeeper is responsible for the official conduct of his
employees. Volume I, section 260.
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.
The Doorkeeper has control of the messengers on the soldiers' roll.
Volume I, section 262.
The Doorkeeper appoints superintendents to have charge of the folding
and document rooms. Volume I, section 262.
In 1841 the assistant doorkeeper ceased to be an officer of the House.
Volume I, section 261.
(6) Duties as Custodian of the Hall, etc.
The statutes impose on the Doorkeeper various duties in addition to
those prescribed by the rules. Volume I, section 262.
The Doorkeeper has general charge during recess of the apartments
occupied by the House. Volume I, section 262.
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 Doorkeeper is required at stated times to return inventories of the
Government property in his possession. Volume I, section 262.
At the commencement and close of each session of Congress the
Doorkeeper is required to make, and submit to the House for examination
by the Committee on Accounts, inventory of furniture, books, etc.
Volume I, section 261.
DOORS.
The Speaker orders the doors closed only when a call of the House is in
progress. Volume VI, section 703.
DOTY.
The election case of Doty v. Jones, from Wisconsin Territory, in the
Twenty-fifth Congress. Volume I, section 403.
The prima facie election case of Doty and Jones, from Wisconsin
Territory, in the Twenty-fifth Congress. Volume I, section 569.
DOUBLE MOTION.
A Member is permitted, under certain circumstances, to make a double
motion. Volume V, section 5637.
DOUGHTON.
The North Carolina election case of Campbell v. Doughton in the Sixty-
seventh Congress. Volume VI, section 154.
DOWELL, CASSIUS C., of Iowa, Chairman.
Decisions on questions of order relating to--
Amendment. Volume VIII, sections 2843, 2851, 2872, 2895.
Appropriations. Volume VII, sections 1133, 1141, 1142, 1201, 1252,
1256, 1385, 1524, 1536, 1638, 1658, 2139.
Committee of the Whole. Volume VIII, section 2369.
Debate. Volume VIII, section 2489.
Recognition. Volume VIII, section 2472.
Reading. Volume VIII, section 2432.
DOWNING.
The Illinois election case of Rinaker v. Downing in the Fifty-fourth
Congress. Volume II, sections 1069, 1070.
DOXEY, WALL, of Mississippi, Chairman.
Decisions on questions of order relating to--
Appropriations. Volume VII, section 1513.
DRAINAGE.
Recent decisions hold an appropriation to investigate the drainage of
wet lands not to be authorized by law. Volume VII, section 1297.
Contravening a former ruling, an appropriation for drainage
investigations was held in order on the agricultural appropriation
bill. Volume VII, section 1318.
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 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.
DRAPER.
The Virginia election case of Draper v. Johnson in the Twenty-second
Congress. Volume I, sections 781-783.
DRAWINGS.
General provision of the statutes relating to printing of memorial
addresses, drawings, maps, etc., and editing of documents. Volume V,
section 7317.
DROMGOOLE, GEORGE C., of Virginia, Chairman.
Decision on question of order relating to--
Yeas and nays. Volume IV, section 4723.
DRUGS.
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 to prevent the adulteration, misbranding, manufacture, sale, or
transportation of foods, drugs, medicines, and liquors have
occasionally been reported by the Committee on Agriculture. Volume VII,
section 1874.
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.
DRY DOCKS.
An appropriation for a new naval dry dock, which has not been begun
under authority of prior law, has been held not to be in continuation
of a public work. Volume IV, sections 3729-3734.
An appropriation for a floating dry dock, not otherwise authorized by
law, is not in order on the naval appropriation bill as in continuation
of a public work. Volume IV, sections 3735, 3736.
The subjects of construction, maintenance, and operation of locks and
dry docks are subjects within the jurisdiction of the Committee on
Rivers and Harbors. Volume VIII, section 2286.
DUANE.
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.
DUBOIS.
The Senate election case of Clagett v. Dubois, of Idaho, in the Fifty-
second Congress. Volume II, section 1061.
DUEL.
The question of privilege arising from the duel between Jonathan Billey
and William J. Graves. Volume II, section 1644.
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.
DUFFY.
The New York election case of Duffy v. Mason in the Forty-sixth
Congress. Volume II, sections 942-944.
DUNN.
The New York election case of Gerling v. Dunn in the Sixty-fifth
Congress. Volume VI, section 150.
DUNN, POINDEXTER, of Arkansas, Chairman.
Decision on question of order relating to--
Authorization of appropriation. Volume IV, section 3780.
DU PONT.
The Senate election case of Henry A. du Pont, of Delaware, in the
Fifty-fourth Congress. Volume I, sections 563, 564.
The Senate election case of Henry A. du Pont, of Delaware, in the
Sixty-second Congress. Volume VI, section 129.
DURBORROW.
The Illinois election case of Durborrow v. Lorimer in the Fifty-eighth
Congress. Volume I, section 740.
DURELL.
The investigation of the conduct of Edward H. Durell, United States
district judge for Louisiana. Volume III, sections 2506-2509.
DURESS.
Discussion as to whether the distribution of United States soldiers in
the neighborhood of the polls justified rejections of returns for
intimidation. Volume II, section 925.
The mere presence of United States soldiers in the neighborhood of the
polls, unaccompanied by disorderly or threatening conduct, does not
vitiate the poll. Volume II, section 906.
Discussion as to whether or not the mere presence of United States
troops near the polls constituted undue influence justifying rejection
of the returns. Volume II, section 926.
Discussion of social, business, and religious influences as form of
intimidation in elections. Volume II, section 925.
Discussion as to whether or not undue influence must be shown to have
affected the result materially to justify rejection of the returns.
Volume II, section 925.
Fraud, shown by oral testimony as to a stolen poll book and inferred
from acts of violence, was held to justify the rejection of a greater
part of the returned votes. Volume I, section 840.
The House rejected votes cast by prisoners brought from the jail to the
polls and voting under duress. Volume II, section 990.
The House rejected the votes of paupers who were carried to the polls
by officers and compelled to vote contrary to their party affiliations.
Volume II, section 990.
A Territorial legislature being chosen under duress of armed invaders,
the House unseated the Delegate chosen under a law passed by that
legislature. Volume I, section 826.
DUTIABLE GOODS.
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.
DUTIES.
(1) Of officers and employees of the House.
(2) Customs.
(1) Of Officers and Employees of the House.
The elective officers of the House are sworn to support the
Constitution and discharge their duties faithfully. Volume I, section
187.
DUTIES--Continued.
(1) Of Officers and Employees of the House--Continued
Employees of the House may not sublet their duties nor divide their
compensation with others. Volume V, section 7232.
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.
The Speaker does not assume to control the Sergeant-at-Arms in the
discharge of certain official duties. Volume VI, section 30.
On the removal of the Sergeant at Arms, the Deputy Sergeant at Arms
succeeded to the duties of the office as Assistant Sergeant at Arms,
without action by the Senate. Volume VI, section 37.
During the temporary disability of the Sergeant-at-Arms another was
authorized to perform the duties of the office. Volume VI, section 32.
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 in which the Sergeant at Arms was summoned to the bar of the
House and required to report progress in the discharge of the duties of
his office. Volume VI, section 687.
The question as to whether an officer of the House is properly
discharging the duties of his office is a legal proposition, and one
which the Speaker is not called upon to decide. Volume VI, section 30.
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.
An officer legally designated to take testimony in a contested election
case performs such duty as the representative of the Congress. Volume
VI, section 186.
A joint committee created by statute is not susceptible to control by
one House and its duties may not be enlarged or diminished by either
House acting independently. Volume VII, section 2164.
(2) Customs.
The House maintains that customs duties may not be changed otherwise
than by an act of Congress originated by itself. Volume II, section
1531.
Approvals by Congress of reciprocity treaties affecting customs duties.
Volume II, section 1531.
Discussion of the prerogatives of the Senate as to treaties affecting
customs duties. Volume II, section 1531.
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.
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.
The Committee on Ways and Means has jurisdiction of bills providing
methods of payment of duties and acceptance of negotiable instruments
in payment of duties and taxes. Volume VII, section 1730.
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 allowances on internal-revenue duties are reported by
the Committee on Ways and Means. Volume VII, section 1734.
DUTIES--Continued.
(2) Customs--Continued.
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.
DUVALL.
The Maryland election case of Gabriel Duvall in the Third Congress.
Volume I, section 565.
DYER.
The Missouri election case of Switzler v. Dyer in the Forty-first
Congress. Volume II, section 873.
The Missouri election case of Kinney v. Dyer in the Sixty-second
Congress. Volume VI, section 135.
The Missouri election case of Gill v. Dyer in the Sixty-third Congress.
Volume VI, section 138.